On December 9, 2009, the Governor's Office received a recommendation from the Joint Administrative Rules Committee to suspend adoption and implementation of the rules adopted by the State building Code Council on November 20, 2009. The Governor declined to suspend these amendments.
DATE: January 8, 2010
Narda Pierce
General Counsel
to the Governor
January 8, 2010
The Honorable Bob Hasegawa, Chair
The Honorable Joel Kretz, Vice-Chair
Joint Administrative Rules Review Committee
Post Office Box 40600
Olympia, WA 98504-0600
Dear Representative Hasegawa and Representative Kretz:
On December 9, 2009, you sent me a letter on behalf of the
Joint Administrative Rules Review Committee pursuant to RCW 34.05.640(3)(a). This letter recommends that I suspend the
amendments to the State Energy Code recently approved by the
Building Code Council. The only authority provided to the
governor under this law is to suspend an existing rule until
ninety days after the expiration of the next regular
legislative session. Any suspension would expire by law on
June 9, 2010. The State Energy Code amendments are not
effective until July 1, 2010. Therefore, any suspension under
RCW 34.05.640(3)(a) would have no effect.
Your letter notes the Committee's strong support of thoughtful
and informed progress toward improved energy efficiency in our
buildings, wherever practicable. The Climate Action Team
recommended that the 2009 Building Code Council revisions to
the State Energy Code achieve a 30 percent reduction in new
building energy use. Thereafter, the Building Code Council
conducted an intensive process involving numerous
stakeholders, evaluated the costs and benefits of proposed
changes, and made changes that took these factors into
account. The amendments the Building Code Council determined
would best serve the citizens of the state will generally
achieve a 15 percent reduction in new building energy use. I
am pleased with this incremental progress toward energy
efficiency. As the 2009 Legislature found, energy efficiency
"will save money, create good local jobs, enhance energy
security, reduce pollution that causes global warming, and
speed economic recovery while reducing the need to invest in
costly new generation."
Respect for the Legislature's oversight function over agencies
and programs will require the Building Code Council to provide
more focused information for your review before the amendments
become effective. The upcoming legislative session will
provide an excellent opportunity for the Building Code Council
to provide any information you need to evaluate the value and
impacts of the amendments. I looking forward to working with
you and other legislators as we move forward on this issue and
other issues of interest to the citizens of the State of
Washington.
Sincerely,
Christine O. Gregoire
Governor
cc: Peter DeVries, Chair, SBCC
Jon Napier, Vice-Chair, SBCC
Tim Nogler, Managing Director, SBCC
Sandra Adix, SBCC, AAG
Senator Holmquist
Senator McCaslin
Senator Tom
Representative Dammeier
Representative Kelley
Representative Kristiansen
Representative Ormsby
Reviser's note: The typographical error in the above material occurred in the copy filed by the Office of the Governor and appears in the Register pursuant to the requirements of RCW 34.08.040.