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Lawsuit challenges WA state over natural gas restrictions

Natural gas stoves, which are used in about 40% of homes in the U.S., emit air pollutants such as nitrogen dioxide, carbon monoxide and fine particulate matter. New Washington state rules that would restrict the use of natural gas and propane in new residential and commercial construction have prompted a lawsuit against the agency that approved them. (Dreamstime)
By Joel Donofrio Yakima Herald-Republic

YAKIMA – New state rules that would restrict the use of natural gas and propane in new residential and commercial construction have prompted a lawsuit against the agency that approved them.

Officials with the Building Industry Association of Washington announced that more than 20 plaintiffs, including trade unions, home builders, HVAC installers, energy companies and new homeowners, filed the lawsuit against the State Building Code Council on Tuesday in Thurston County Superior Court.

“These overreaching rules were approved by an unelected body with no legitimate authority,” said Jackson Maynard, general council for the building industry group. “This suit has united folks impacted by the costly and illegal rules across traditional political, economic and geographic boundaries.”

Neil Hartman, government affairs director for the Washington State Association of UA Plumbers, Pipefitters and HVAC service technicians, said the new heating rules would increase energy and home building costs for consumers while costing workers jobs.

“The State Building Code Council approved these rules despite the fact the Legislature rejected them,” Hartman said. “We joined the lawsuit to hold them accountable.”

Building industry officials said the lawsuit alleges the state council approved the rules without legislative authority and violated the state’s Administrative Procedure Act. It further alleges the council ignored cost studies and feasibility reports in making its decision.

State officials have 20 days to file a response to the lawsuit.

Heat pumps required

The natural gas restriction questions were raised last fall as the council hosted public hearings on new building codes requiring heat pumps, how they can be powered, and how the rules would be enforced. One of those public hearings was Sept. 29 in Yakima.

Heat pumps use a compressor, pumps and fans to move heat inside the home when outdoor temperatures are cold, and push heat outside when temperatures are hot. They are primarily powered by electricity, while most furnace systems use natural gas.

Under the code changes, heat pumps could be powered by electricity or natural gas, but many in the housing industry believe the new rules – which take effect July 1 – will lead to fewer homes being built, higher costs for potential homeowners and an overwhelmed electric power grid in Washington.

The council addressed the heat pump issue as part of its regular, every-three-years review of state building codes. The council has 15 voting members, appointed by the governor, with six of them required to live east of the Cascades. It includes chairman Tony Doan, who lives in Yakima County.

After thousands of written comments and hundreds of public hearing comments on the heat pump rules, a divided council approved the new rules by a 9-5 vote in November.

Advocates of the rule changes believe heat pumps are more energy efficient and will reduce the use of fossil fuels. They also touted the health and safety benefits of electric heat pumps.

The new SBCC-approved rules allow natural gas and propane to be used for backup heating in new homes. But the builders group said installing both natural gas/propane and electrical appliances can add $2,400 or more in cost.