Sue Lani Madsen: Inslee puts affordable housing in peril with focus on climate

Building codes are intended to protect the public health, safety and welfare. In Washington, the State Building Code Council has become a policy arm of the governor’s office, attempting to accomplish through the code what climate change alarmists cannot accomplish directly through the Legislature.

The council is made up of 15 appointed members. Two recent appointments for slots representing residential and commercial construction were made outside of the process spelled out in RCW 19.27.070. The recognized trade associations whose nominees were ignored have sued.

Five members of the council are currently serving as “lame ducks,” with terms which expired in January 2022. A sixth position representing the interests of individuals with a physical disability has been left unfilled for at least three years, according to Spokane County Commissioner Al French. His term on the SBCC representing Eastern Washington counties expires in January 2023. “Diane Glenn (former SBCC chair) really understood how these rules are going to impact entry level and low-income housing,” French said. “This SBCC is working aggressively to eliminate natural gas as a fuel source.”

Glenn, a former residential builder who now provides special inspection and energy code compliance services, was renominated by the Building Industry Association of Washington to represent residential construction. Gov. Jay Inslee replaced her with Anthony Maschmedt, owner of Dwell Development + Design/Build in Seattle. Dwell is described on its website as “ultra green” and specializing in “super cool homes that lead the home energy efficient market.”

If the SBCC was still serving its original role as a technical advisory council focused on public health and safety, the upcoming gubernatorial appointment opportunities would list the applications under the “Government Operations and Public Safety” tab. They are instead listed under “Climate and Energy.”

“It’s not about building safety anymore, it’s about climate change and energy efficiency,” said French, an architect and developer. He sees problems when the cost-benefit analysis shows “spending more dollars to achieve a smaller return. That’s where we’re at now. We have priced a significant part of our population out of home ownership.”

SBCC decisions impose a regressive tax on housing. Two of Dwell’s newest net-zero ready super cool homes recently sold for $1.35 million dollars each. Building a more than million-dollar home to be net zero ready adds relatively little to the cost, but “the last energy code update added $20,000 to an average starter home,” said Joel White, executive director of the Spokane Homebuilders Association. “It’s a much higher percentage of the total construction.” He believes the next update will continue the pattern if unchecked by the Legislature.

Democrats in the Legislature aren’t checking, they’re doubling down. Under Engrossed Substitute House Bill 1770, “the state building code council shall further define and include net-zero ready measures in the code adoption process” beyond the current energy code. It’s a back door effort to accomplish through the SBCC what Rep. Alex Ramel, D-Bellingham, has been unable to accomplish through the Legislature or his local City Council – banning natural gas for heating.

The House floor debate in the wee hours of Super Bowl Sunday morning highlighted two visions. Republicans pointed out disproportionate impact on middle-class Washingtonians caught in the affordable housing crisis. We’re short 250,000 homes in the state, and adding thousands of dollars to the cost of a home and to public housing isn’t a solution, said Rep. J.T. Wilcox, R-Yelm. “Whose family will not have a home as a result of this bill?”

Ramel insisted we can confront the climate crisis and “building right the first time is an obvious solution.”

Faced with two perceived crises, we need to listen to Thomas Sowell’s advice from his classic 1986 book, “A Conflict of Visions: Ideological Origins of Political Struggles,” in which he writes “There are no solutions. There are only trade-offs.”

It is appropriate for these trade-offs to be debated in legislative bodies, county commissions and city councils. Passing the buck to the SBCC to disappear into the relatively obscure rulemaking process disenfranchises voters.

We do have a climate challenge, although models disagree on timelines and scientists continue to debate magnitude, causation and correlation among the many variables. But we absolutely, positively have an affordable housing crisis. We don’t need complex modeling to see it coming, just math. We have more households than we have houses and apartments to hold them.

Theoretically the governor’s appointments representing 15 categories of stakeholders defined by the Legislature are sufficient to protect the interests of a diverse public. But when a council organized for public safety is converted to a climate policy committee and appointments are made on political allegiance, it doesn’t work.

“This is a political goal. When the economics outpace the goal then you have to ask yourself if you should adjust the goal. This governor and this (building code) council have not asked that question.” said French. “You’d think a Democratic governor would be concerned about how his polices are impacting low-income people and communities of color, but he’s not.”

Contact Sue Lani Madsen at rulingpen@gmail.com.