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NPGA SUES WASHINGTON STATE IN FEDERAL COURT

Written on: May 22, 2023

From the National Propane Gas Association Bobtail

On May 17, NPGA joined a coalition of like-minded trade associations and companies as plaintiffs in filing a federal lawsuit against Washington state.

In 2021, the Washington Governor introduced a bill to require the state energy code to eliminate gas infrastructure for space and water heating in new residential and commercial construction and rebuilds. That bill did not pass. In 2022, the Governor introduced a different bill requiring the state energy code to include specific net energy consumption standards. Again, it did not pass. Working around the legislative process, the Washington State Building Code Council (SBCC), made up of Governor-appointed members, adopted backdoor amendments to the state code to require heat pumps. As such, if not stopped via the legal system, on July 1, 2023, space and water heating in Washington state will be required to be provided by heat pumps.

In late February 2023, a coalition (including NPGA and PPGA member Blue Star Gas and with additional financial backing by NPGA and PPGA) filed a state court action. That matter is pending. With the recent U.S. Court of Appeals for the Ninth Circuit decision in Berkeley, CA—and because we believe the Washington SBCC’ s changes are similar in nature to Berkeley’s—a separate coalition filed a parallel lawsuit in Federal court. NPGA is a named plaintiff.

If you have questions, please contact NPGA President and CEO, Stephen Kaminski at skaminski@npga.org.

lpg