Federal Lawsuit filed to keep natural gas
A coalition of building trades unions, business organizations, home builders, homeowners and others has filed a Federal challenge to Washington State's Building Code Council’s new rules restricting the use of natural gas and propane in new construction.
The suit follows a ruling by the Ninth Circuit Federal Court of Appeals that says that energy policy decisions lie only with the Federal Government and cannot be preempted by State or Local regulations. In its decision, the Court ruled the federal Energy Policy and Conservation Act expressly preempts state and local regulations concerning the energy use of many natural gas appliances. By preventing such appliances from using natural gas, the Berkeley building code violated the Act. Because Washington is under the jurisdiction of the 9th Circuit Court of Appeals, a final decision on this issue binds this state as well as the parties to the case in California.
New rules essentially eliminate natural gas and propane choice
The new Washington State energy code currently requires builders to install heat pumps for space and water heating in all new buildings built after July 1, 2023. These changes – along with new restrictions on natural gas companies’ ability to offset the cost of running natural gas lines to new homes—essentially eliminate the ability for homeowners to choose natural gas for cooking, fireplaces and other uses, all in direct conflict with the Legislature’s actions in the 2022 legislative session.
Costly and dangerous
The Building Industry Association of Washington (BIAW) estimates adding a heat pump along will raise the cost of construction by just under $10,000. Eastern Washington residents, who frequently lose power during frigid winter months will be particularly hard hit.
The rule allows natural gas and propane to be used for backup heating, but installing both natural gas/propane and electrical appliances adds another additional $2,400 to homes where owners choose to supplement heat out of choice or necessity.