Federal Judge Upholds Washington Energy Codes

A federal judge in Tacoma, Washington, has upheld the state’s right to regulate the overall energy efficiency of buildings, even if complying with such codes could involve the purchase of equipment that is more efficient than federal regulations require.

According to federal law, states may set building codes, but the federal government sets efficiency standards for appliances, such as HVAC equipment; states may not preempt the federal government by setting appliance codes that exceed federal standards. While the new Washington building efficiency rules passed in November 2009 do not directly preempt federal appliance codes, the Building Industry Association of Washington filed suit against the Washington State Building Code Council in May 2010, claiming that the updated codes effectively set higher-than-federal standards on HVAC equipment. The judge disagreed, however, saying that there are other ways to comply with the code aside from purchasing high-efficiency equipment, such as improving insulation.

The new state standards apply only to new construction and are expected to increase both residential and commercial building efficiency 15%–18%.

– Paula Melton