Realtors ask Tumwater to pause proposed mandatory home‑energy score at listing, cite RCW 82.46.037

Two representatives of the Thurston County Realtors Association told the Tumwater City Council during public comment that a proposed ordinance requiring a home energy score before listing a residential property may be inconsistent with state law and could materially affect housing affordability and real estate transactions.

Dawn Baker, president of the Thurston County Realtors Association, said the organization supports energy efficiency in principle but opposes moving forward with a listing‑time mandate without more engagement and analysis. She warned that inspection or administrative requirements that add cost or delay closings could pose barriers for first‑time buyers, seniors on fixed incomes and other vulnerable households, and urged the council to “pause the ordinance” and undertake broader stakeholder engagement.

Jennifer Trinit, executive officer of the same association, said she submitted a question to city administration and other jurisdictions about whether a mandatory pre‑listing home energy score would implicate RCW 82.46.037, which restricts jurisdictions from imposing listing‑triggered requirements. Trinit said she had received no substantive response to date and asked the city to confirm that any proposal complies with state law before progressing an ordinance.

City Administrator Paul Simmons replied that staff had received the question, were coordinating with legal counsel, and would include a formal response in the next week’s work session.

What’s next: The city committed to present a response from legal staff at an upcoming work session, per the administrator’s remarks. If staff and counsel find statutory conflict, council may opt to revise or pause the ordinance; if no conflict is found, staff may proceed with additional stakeholder engagement as requested by the Realtors Association.

Sources: Public comment by Dawn Baker (Thurston County Realtors Association) and Jennifer Trinit (executive officer, Thurston County Realtors Association); response by City Administrator Paul Simmons.