The CAPR Bill Reading Team has Found a Bill that will Harm Property Rights, Privacy!

by Cindy Alia 12/9/24

The CAPR Bill Reading Team has found a bill that will damage your privacy, property values, and independence!  We are reading bills with an eye toward protecting your freedoms in life, liberty, and property!

House Bill 1015 AN ACT Relating to energy labeling of residential buildings; adding a new section to chapter 19.27A RCW; adding a new section to chapter 43.21F RCW; and creating a new section.  is a bill that would mandate energy assessment.  "The legislature finds that improving the energy efficiency of, and reducing greenhouse gas emissions from, existing residential buildings, including detached single-family homes, is critical to meeting the state's climate goals."

This bill would amend RCW 19.27A ENERGY RELATED BUILDING STANDARDS, and RCW 43.21F STATE ENERGY OFFICE.

The bill would create a burden on housing availability that would be costly to owners and potential buyers, limiting the housing market.  In the name of climate, your privacy and ability to own and manage your property would be impaired through energy assessment mandates.

While the word may is used in the bill text, "may" can easily be changed to "shall" this session or in future sessions making this bill a threat to your property rights.  The amendments would delegate the authority of the legislature to cities and counties in as yet unspecified processes.  HB 1015 should include mechanisms ensuring uniform standards or require state oversight to mitigate any disparities in the creation of WACs or ordinances. This would help uphold equal protection while respecting local autonomy.

Washington State HB 1015 carries implications of over-reaching harms and disparities on a property right.  HB 1015 is not compliant with the Washington State Constitution. There exist in the bill language allowing potential regulatory burdens on property sellers, concerns about uniform application across jurisdictions, and equal protection challenges if local governments implement disparate standards.

The need for consistent guidelines to avoid unequal treatment is not included in bill language, and the bill does not align with constitutional principles under Articles I, Section 12, and XI, Section 11.  Under Article I, Section 12 of the Washington State Constitution, the "Equal Protection" clause prohibits laws that result in discriminatory treatment among individuals or groups in similar situations.  Article XI, Section 11 (Local Police Powers): allows cities and counties to enact local regulations unless inconsistent with general laws.  There is no language in the bill text to support consistency in local regulation, and in fact the text contains language related to income that would create unequal protections that would result in discriminatory treatment under the law which could be related to income or geographic location.  

HB 1015 mandates energy performance disclosures for home sellers. While it does not involve physical taking, it imposes regulatory requirements potentially burdening property owners resulting in exaction of a regulatory nature.  

CAPR cautions the legislature against creating unconstitutional burdens and mandates upon property owners, and cautions those represented by the legislature to speak to legislators and make sure they are educated about and aware of the takings represented in HB 1015!