Following the release of the 2021 Washington State Energy Code (WSEC), various legal and political efforts were initiated to challenge the limitations set upon fossil fuels within the code. This includes Initiative-2066, three Washington Superior Court Cases, and a federal Executive Order. You can find summaries of each of these legal efforts, their implications, and current status in our Litigation Tracker, with our recommended actions there and below.

How to proceed in the face of regulatory uncertainty

Planning capital projects amidst regulatory uncertainty is challenging as there may be prolonged litigation at the federal and state levels targeting Washington’s ambitious energy and climate policies. Additionally, there may be investment risks presented by changing energy-related incentives and permitting in an unpredictable regulatory environment. The Washington State Building Code Council (WSBCC) issued a statement indicating, until further notice, projects are to comply with the published 2021 WSEC as it stands. Similarly, Seattle Department of Construction & Inspections (SDCI) has informed PAE that the 2021 Seattle Energy Code (SEC) will be maintained until legal direction is finalized for the state code (upon which the Seattle code is based). WSBCC is endeavoring to consider public comments and proposed changes but adoption of any changes is yet to be determined.

The 2021 WSEC pushes projects towards high-performance electrified design, which has many benefits; high-performance all-electric buildings can reduce operational costs and lend to resilient designs when planned to reduce loads and maximize on-site renewables. All-electric design also comes with new challenges, including complexity in coordination and potentially increased first cost. Navigating new policies and tracking a changing energy code presents yet another hurdle to project teams. PAE recommends that teams conservatively plan for the continued implementation of the energy codes as written. As the legal landscape settles, if restrictions on fossil fuel use relax, projects pursuing all-electric design will be better positioned to value-engineer to fuel-based systems than vice versa.

Get in Contact

Are you interested in learning more about the nitty-gritty of the 2021 WSEC and other code changes in the Northwest? Check out our handy cheat sheet and reach out to Danielle De Castro or Abbie Bullen for more information on the code updates and implications, or to schedule a presentation and discussion with our team.