Washington Initiative 2066, approved on Nov. 5, 2024, was struck down on March 21 as violating the state constitution’s single-subject rule. A single-subject rule is a state law that requires ballot initiatives to address a single subject, topic, or issue. Judge Sandra Widlan wrote, “… the body of the initiative is so broad and free ranging that it makes it hard to say with any precision what the general topic is.”
Initiative 2066 concerned natural gas regulations, prohibiting legal restrictions or penalties on access to natural gas and requiring gas suppliers—including private and public utilities—to provide natural gas to consumers. The measure also repealed HB 1589, enacted earlier in 2024, which related to large utilities reducing greenhouse gas emissions.
The state’s single-subject rule provides that “No bill shall embrace more than one subject, and that shall be expressed in the title.” The rule was part of the original state constitution. Of the 26 states that allow at least one type of statewide citizen-initiated measure, 16 have a single-subject rule. Since 2010, voters in three states—Arizona, North Dakota, and South Dakota—have decided on constitutional amendments to adopt single-subject rules for ballot initiatives. The constitutional amendments were adopted in Arizona and South Dakota and rejected in North Dakota.
Regarding Initiative 2066, the ballot initiative campaign, Main Street Matters to Washington, received $17.5 million. The largest donor was Brian Heywood, CEO of Taiyo Pacific Partners. The Building Industry Association of Washington (BIAW) and BIAW Member Services Corporation also contributed funds. Opponents, organized as No on 2066, received $5.9 million. The largest donor was the SEIU 775 Ballot Fund. WFSE AFSCME Council 28 and League of Conservation Voters (LCV) Victory Fund were also donors.
Ben Avery, director of the Sierra Club – Washington Chapter, said the court’s ruling sends a “strong message to polluting industries that using unconstitutional and misleading ballot initiatives is a waste of taxpayers’ time and money.” Greg Lane, executive vice president of the BIAW, responded, “Those who want to ban natural gas are trying to force their minority view on the majority of Washingtonians. I fully expect we will prevail at the Supreme Court.” The BIAW stated, “We will continue to use every avenue available, including appealing to the [Washington] Supreme Court.”
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