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Thurston County hears hours of public comment on proposed Home Energy Score ordinance; legal review pending

Thurston County Board of County Commissioners · February 18, 2026
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Summary

Hundreds of residents and stakeholders urged both adoption and a pause of a proposed mandatory Home Energy Score at time of listing. Supporters called it a modest, information-providing step on county climate goals; real-estate groups warned of costs, timing and legal risks. The board closed public comment pending prosecuting attorney review.

Thurston County commissioners heard more than a dozen in-room and online speakers Marching through both pro- and anti-positions at a public hearing on a proposed mandatory Home Energy Score (HES) ordinance. County staff said more than 250 people responded to an outreach survey, that two cities (Tumwater and Olympia) are considering related ordinances, and that if adopted the county would have one year to stand up a regional HES program before the requirement takes effect.

The ordinance would require a Department of Energy–style Home Energy Score when a home is listed, with private-sector certified assessors conducting the evaluations. CPED staff said the first year after adoption would be used to develop a certified assessor workforce, conduct outreach to residents and real-estate professionals, finalize implementation procedures and set up monitoring.

Why it matters: Supporters said a standardized HES gives buyers consistent, comparable information about expected utility costs and carbon footprint, which can prompt energy-efficiency investments and inform mortgage and resale decisions. Opponents, including several local brokers and the Thurston County Realtors Association, warned a mandatory time-of-listing requirement could add transaction costs, delay sales, strain assessor capacity and risk violating state law on listing-triggered requirements. The county’s prosecuting attorney will review statutory questions raised at the hearing before the board proceeds.

Stakeholder views were sharply divided. Dawn Baker, president of the Thurston County Realtors Association, asked the board to pause the ordinance and ‘‘conduct thorough due diligence and engage stakeholders, including the real estate community in a meaningful way before advancing a mandate,’’ saying members are on the front lines of housing affordability and remain unconvinced the draft as written addresses enforcement, liability and timing concerns. She said the association did not formally support a mandatory HES.

Several supporters urged adoption. TJ Johnson, an environmental professional and longtime resident, said federal climate action has weakened and local governments must step in. ‘‘This ordinance fills a void in leadership,’’ he said, adding that a one-year implementation window could address workforce and procedural gaps. Other speakers — including members of labor, environmental groups, homeowners who retrofitted their houses, and advocates citing Portland and other cities’ experience — said costs are modest relative to home prices and that HES programs have produced useful market signals elsewhere.

Health and safety concerns also surfaced. Heidi Barrientes, a tenant and habitability stakeholder, submitted a proposed ‘‘moisture, mold and habitability’’ addendum and urged assessors to include two low-cost checks (a fan function test and visual moisture assessment) so energy-efficiency work does not create moisture or mold hazards; she cited RCW 59.18.060 on mold and habitability in tenant housing.

Cost and exemptions: Witnesses reported a range of assessor fees (witnesses and cited reports put fees at roughly $119–$350 in other jurisdictions) and some speakers noted the draft ordinance includes exemptions for households below 80% of area median income. Proponents cited Portland data showing many assessors and low average costs; opponents argued that assessor availability and additional closing‑time steps could delay sales for sellers who must move quickly.

Next steps: County staff told the board that prosecuting attorney input had been requested but could not be scheduled before the hearing; the board did not take action on the ordinance and closed the public hearing after a motion carried. Staff said the board expects counsel input shortly and could decide as soon as the next day whether to advance the ordinance to a formal board consideration and vote.

The public comment record and related materials remain posted on the Thurston County website and staff noted city partners in Tumwater and Olympia are also scheduled to consider related measures in upcoming meetings.