On May 24, 2023, the Washington State Building Code Council (the “Council”) delayed ‎implementation of Washington State’s updated building code from July 1, 2023, until October ‎‎29, 2023. This delay was in direct response to the Ninth Circuit’s ruling in California Rest. Ass’n ‎v. City of Berkeley, No. 21-16278, 2023 U.S. App. ‎LEXIS 9068 (Apr. 17, 2023). ‎

The proposed code update would have required the use of heat pumps or other electric-‎based systems in lieu of natural gas systems. The Council has directed staff to convene two ‎technical advisory groups to consider modifications to reduce the risk of federal preemption in ‎light of the Ninth Circuit decision. ‎

The changes to the Washington State Building Code also continue to face challenges, ‎with a new suit filed earlier this week (specifically citing federal preemption under the Energy ‎Policy and Conservation Act). ‎

This article summarizes aspects of the law and does not constitute legal advice. For legal ‎advice for your situation, you should contact an attorney. ‎

Sign up

Ideas & Insights