The ruling threw a monkey wrench into SBCC’s new rules passed last year requiring heat pumps for space and water heating in all new residential and commercial construction in Washington
Brett Davis
The Center Square Washington
The Washington State Building Code Council (SBCC) at a Wednesday special meeting, passed two motions related to the 9th Circuit Court of Appeals ruling earlier this year in California Restaurant Association v. City of Berkley that found federal law preempts state and local restrictions on the use of natural gas.
The 9th Circuit’s ruling threw a monkey wrench into SBCC’s new rules passed last year requiring heat pumps for space and water heating in all new residential and commercial construction in Washington – that is, an effective ban on traditional HVAC systems and natural gas. The new rules were set to take effect on July 1.
In one motion, the SBCC voted to give the first official notice needed to start rulemaking actions designed to make sure the new codes are in accordance with the 9th Circuit Court’s ruling. In the other motion, the SBCC voted to delay implementing the new codes, per emergency rules, for 120 days starting on June 30.
SBCC member Kjell Anderson explained the rationale for the two motions.
“I realize that a code delay has significant impact on industry, and I wouldn’t entertain the idea lightly, but when the Berkeley decision was handed down it became obvious that the council was under the geographical jurisdiction of the 9th Circuit,” he said at the virtual meeting. “We need to comply with their ruling or else leave ourselves and our building officials open to legal risk.”
Boosters of the new rules claim they are a cost-effective step in reducing carbon emissions across the state by burning less fossil fuels as part of the fight against climate change.
Others have criticized the proposal on the grounds it will increase the purchase price of a home, while expressing skepticism about the electric grid’s ability to handle the additional load. According to a recent Building Industry Association of Washington news release, Washington’s new energy codes add a minimum of $9,200 to the cost of a new home.
That conflict was reflected in testimony from members of the public.
Larry Andrews of Andrews Mechanical in Spokane said he was in favor of delaying the new energy codes.
“And all this highfalutin heat pump stuff sounds really good, but when it’s in actual use – it’s been in the field some period of time – the people that are suffering are everyone of us in this state, because many of the projects I am having to go back on right now are costing umpteen hundreds of thousands of dollars to bring them back to where they could be,” he said. “And this technology that’s available is still in the learning stage, but it was brought forth like it’s the cream on top of the cake, which it isn’t.”
Richland’s Lora Rothbone had a different take.
“I just want to ask that you do not reduce or eliminate the authority of the State Building Code Council,” she said.
Rothbone went on to say, “My understanding is their working towards making buildings more energy efficient, primarily by these heat pumps that are new technology, do work well in cold climates, and because of our hydroelectric power here, there really isn’t a reason to be using natural gas.”
Brian Ludwig of INNOVA Architects, Inc. in Tacoma staked something of a middle-ground approach.
“I fully understand the interest in reducing demand or focus on fossil fuel dependency,” he said. “I do support the idea of delaying the adoption until there is a full legal understanding and industry understanding of the ramifications of this direction.”
This report was first published by The Center Square Washington.
Also read:
- Ahead of spring, gas prices on the rise in Washington stateWashington state drivers may have noticed an increase in the price at the pump recently.
- King’s Way Christian student, teacher hope they have solved 165-year-old math problemKing’s Way Christian High School student Sarah Crider and her teacher Shawn Hillstrop have been working on the Riemann Hypothesis for the past two years, and they are hoping they have found a solution.
- MORE feds’ censorship scheming revealed in unnerving new reportOne part of the scheming by the federal government to censor information it dislikes has been uncovered and revealed in a new report by Mike Benz, Allum Bokhari and Oscar Buynevich at the Foundation for Freedom Online.
- Council Chair Gary Medvigy to deliver virtual State of the County addressClark County Council Chair Gary Medvigy will present the 2024 State of the County address in a video to be released on Wed., March 27.
- 18th Quilt Show set for March 23-24 at North Clark Historical MuseumThe North Clark Historical Museum will be the site of the 18th Quilt Show on Sat., March 23 (10 a.m.-4 p.m.) and Sun., March 24 (noon-4 p.m.).
- Prairie High School receives national recognition for commitment to students with disabilitiesFor its sustained efforts to bring together students with and without disabilities, Prairie High School has been named a National Banner Unified Champion School by Special Olympics.
- Vancouver’s State of the City and Council Community Forum set for MondayCity of Vancouver Mayor Anne McEnerny-Ogle and members of the Vancouver City Council will host the 2024 State of the City and Council Community Forum at 6 p.m. Mon., March 18.