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).