View by Topic

Recent Articles

View by Month/Year

“Green Building Law Update” Headlines

Recent Articles & News from
Stuart Kaplow’s blog
at GreenBuildingLawUpdate.com

Subscribe to the Green Building Law Update!

Stuart Kaplow brings his expertise and extensive experience to the table with his unique digital publication, "Green Building Law Update". Subscribers receive regular updates to keep them informed about important issues surrounding Environmental Law, Green Building & Real Estate Law, as well as the emerging demand for Environmental Social Governance (ESG).

Get fresh content through the lense of Stuart Kaplow's cutting-edge expertise, innovative commentary and insider perspective. Don't miss another issue! Subscribe below.

Natural gas 80 | stuart d. Kaplow, p. A.

Voters Save Gas Stoves from Government Ban Portending More ..

SHARE THIS ARTICLE

While many Americans were focused on the presidential election last Tuesday, citizens from Washington State and others interested in energy were paying attention to a successful Washington voter initiative protecting access to natural gas for homes and businesses, including preventing regulatory actions to limit access to gas in favor of all electric buildings.

On November 8, 2024, the Washington Secretary of State confirmed that Initiative Measure No. 2066 had passed, posting the election results with 1,602,66 votes in the affirmative being 51.48% of the vote. The Initiative will go into effect 30 days after the election results are certified on December 5, 2024.

As the quest for decarbonizing buildings, that is making buildings all electric (.. no fossil fuel) has become a cause célèbres from Maryland BEPS to Berkeley, California codes, for many among the iconoclastic, uncompromising, discontented radical global warming crowd, the voters of Washington pushed back with many expressing they were concerned over the economics of denigrating the current way of doing things before there is a good replacement. They opted for peak survival.

We blogged about this Initiative when it was approved to appear on the ballot, The Government is Coming For Your Gas Stove But Voters May Save You.

The Initiative Process

Washington State has a long history with direct democracy.

In 1912, Washington became among the first states to adopt the ‘initiative’ and referendum process, and while the details vary from the 26 states that have the process today, a citizen initiated ballot measure is commenced by gathering a required number of signatures causing a petition to be placed on the ballot asking voters whether to uphold or repeal a recently enacted law, providing a check over the decisions of their legislature.

What This Measure Will Do

This voter Initiative is to protect natural gas use by repealing Washington HB 1589, now chapter 351, Laws of 2024, widely referred to as “the decarbonization bill” that sought to transition away from natural gas.

Initiative Measure No. 2066 explicitly bars state and local governments from limiting access to natural gas. The measure requires utilities, including cities and towns that provide natural gas, to serve any eligible customer who requests it, even if other energy sources like electricity are available. The initiative also prevents the Washington Utilities and Transportation Commission from approving utility rate plans that would phase out gas services or make them prohibitively expensive.
Additionally, this initiative curtails the authority of the state building code council to enforce rules discouraging natural gas use in new constructions. By ensuring continued access to natural gas, voters in Washington asserted their preference for energy choice rather than a shift to all-electric infrastructure.

The complete text of the Initiative is admittedly long and, as nearly all initiatives are, was criticized by the opponents as being confusing.

Support and Opposition

In support of the Initiative, Greg Lane, Executive Vice President of the Building Industry Association of Washington, said, “Washington’s right to use gas for heating and cooking is in danger.”

Opposing the measure, Leah Missik, Acting Washington Director for Climate Solutions said, “It’s really about folks who are trying to squeeze out profit at our expense and our health. And it’s really important that we transition to cleaner and healthier energy, we’re on a path to do so, and that we’re very thoughtful about it. And this initiative would repeal policies that would put us on that pathway in a very smart way.”

Broader Implications

Washington’s vote mirrors a broader national trend of pushback against mandated energy transitions. At least 24 states have passed laws preventing natural gas bans in buildings and elsewhere new voter referendums are simmering in response to overreaching government attempted gas bans from Maryland to Colorado.

The passage of Initiative 2066 also highlights the role of public sentiment in environmental policymaking. A recent Pew Research nationwide poll before the election found among both Democrats and Republicans climate change is a far lower policy priority than any other issue being polled. Americans have signaled they refer a pragmatic approach to energy policy over strict decarbonization measures.

In the November 5th election, even in Berkeley, California, voters overwhelming defeated, with more than 68% of citizens voting against Measure GG, The Large Buildings Fossil Fuel Emissions Tax, a ballot initiative we had blogged about, seeking to impose a tax on buildings 15,000 square feet or larger using natural gas, or appliances such as gas stoves for heat to fund decarbonization efforts.

Moreover, given the other significant result in the November 5th election, a second Trump Administration, these state and local fiats are inconsistent with the 47th President’s stated policy to “stop the war on oil and natural gas.”

It is also important to note that it is widely accepted that attempts by state and local government to ban gas use in buildings are preempted by the federal Energy Policy and Conservation Act and as such void and unenforceable. Voter initiatives simply take a different approach to remedying this bad energy public policy.

Conclusion

A proper role for government might be to prioritize innovation in energy rather than attempt to ban a legal substance the use of which dates back thousands of years.

By passing Initiative 2066, Washington voters have reversed course on a government ban of natural gas, prioritizing their commitment to balancing environmental goals with practical considerations. This decision in a state known for progressive environmental policies is a bellwether for future initiatives across the nation as people occupied by vast technological and environmental change, demand a say. As Washington’s gas stove saving initiative becomes law, it’s clear the public is unwilling to abandon traditional energy sources until viable alternatives are widely accessible, reliable, and affordable.

SHARE THIS ARTICLE

About the Author: Stuart Kaplow

Avatar of stuart kaplow
Stuart Kaplow is an attorney and the principal at the real estate boutique, Stuart D. Kaplow, P.A. He represents a broad breadth of business interests in a varied law practice, concentrating in real estate and environmental law with focused experience in green building and sustainability. Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability. He has authored more than 700 articles centered on his philosophy of creating value for land owners, operators and developers by taking a sustainable approach to real estate, including recently LEED is the Tool to Restrict Water Use in This Town and All Solar Panels are Pervious in Maryland. Learn more about Stuart Kaplow here >