CAG hears legal update: King County judge struck down I‑20‑66; appeal expected, county monitoring guidance

During project updates at the April 7 Clark County Community Advisory Group meeting, county staff summarized the current legal status of Initiative 20‑66 (voter-approved initiative limiting local regulation of natural gas): a King County Superior Court judge ruled on March 21, 2025, that I‑20‑66 is unconstitutional. Staff said that ruling will likely be appealed and could reach the Washington State Supreme Court; the timing and final outcome remain unknown.

Staff guidance to the group: Jenna, speaking for county staff, told the advisory group that the draft climate element policies the CAG was being asked to vote on were written to be consistent with both House Bill 1181 and Initiative 20‑66 as understood by the Department of Commerce guidance. County staff said they are continuing to monitor the case and department guidance and that depending on final legal outcomes, the county may need to take extra steps on building- and energy-related policies.

Why it matters: I‑20‑66 would constrain local authority to prohibit, penalize or discourage natural gas use. A final appellate outcome could limit the scope of local energy and building approaches that the county can require; staff advised the CAG that they were not making changes immediately while the legal process proceeds.

What staff said to CAG members: Staff added a clarifying phrase to the first goal in the draft policy list — "in accordance with all applicable laws" — to reflect the legal uncertainty and to ensure the policies read as compliant with whatever laws apply once litigation concludes.

Ending: Staff asked members to proceed with voting on the policy package as drafted and noted they would report back and revise policies if the court appeal or Department of Commerce guidance required changes.