On May 24, 2023, the State Building Code Council (SBCC) held a special meeting to discuss the 9th Circuit that found the City of Berkley’s Energy Code violated federal preemption over state rules and a new lawsuit against the State Codes for a similar violation. In the new lawsuit, several organizations are seeking to prevent enforcement of the Washington State Energy Code’s ban on natural gas appliances that are regulated under the federal Energy Policy and Conservation Act (EPCA). The lawsuit was filed in U.S. District Court for the Eastern District of Washington.
The SBCC voted to delay implementing the 2021 Codes, through emergency rulemaking, for 120 days starting from June 30. This makes the State implementation date October 29, 2023.