Lawmakers propose loosening heat pump requirement for homeowners rebuilding after Spokane County fires

Two Spokane County state lawmakers who represent areas devastated by the Gray and Oregon Road fires in August are preparing to ask the Legislature for looser building codes to help wildfire victims trying to rebuild homes.

Reps. Mike Volz and Suzanne Schmidt announced last week they will introduce a bill in the 2024 legislative session proposing to dial back new building code regulations for all people trying to reconstruct property damaged by wildfires this year. If passed, the bill would cover impacted property owners that apply for building permits before June 2025.

“Rebuilding and recovery is painful enough without the addition of burdensome regulations that were adopted this summer, right before the fires that devastated many parts of Spokane County,” wrote Volz, R-Spokane. “… The new regulations imposed already this year by the state building code council – and those that may yet be imposed before the end of the year – potentially add tens of thousands of dollars to the cost of rebuilding.”

One change the State Building Code Council made last year was the near-requirement that, starting in March 2024, newly constructed homes not use natural gas as a primary energy source for heat if they have access to electricity and can install heat pumps. If homeowners opt to use natural gas over heat pumps, they must pay for other construction upgrades that would improve the energy efficiency of their home but could be more costly. Volz and Schmidt argue heat pumps will cost their constituents more money to install than gas furnaces.

Volz, who represents the 6th Legislative District which includes Medical Lake and other areas devastated by the Gray fire, said talking to people impacted by the fires inspired the ideas. Some homeowners who lost homes and want to rebuild have told him that the heat pump requirement could boost the cost between $20,000 and $50,000 .

“It will delay their ability to rebuild,” Volz said.

Volz plans to pre-file a bill in early December for the Legislature’s consideration, he said.

Schmidt, who represents the 4th District that includes portions of northern Spokane County devastated by the Oregon Road fire, said she attended community meetings and heard people who live off the grid with generators were concerned about rebuilding under the new construction rules.

“What we’re hearing from experience is it’s two to three years before we get rebuilt,” said Schmidt, R-Spokane Valley. “That’s what inspired the legislation for me – I wanted to do something that could help these people to rebuild based on the permit that they had in place at the time that they lost their home.”

Schmidt also said heat pumps are less effective in colder climates like Eastern Washington.

Mike Faulk, spokesman for Gov. Inslee’s office, said in an email that experts “beg to differ” on the argument that heat pumps aren’t effective in colder climates. Faulk cited a Yale Climate Connections study that found most cold-climate heat pumps can run at total capacity until the outdoor temperature gets to 5 degrees Fahrenheit or below.

“It will still heat your home at those lower temperatures, but not necessarily keep it as warm as you may typically like,” reads the study. “That’s where backup heat sources come in.”

State Rep. Timm Ormsby, who represents central Spokane, said he has not read the proposal because an official draft has not yet been released.

“I don’t want to pre-judge without reading the bill,” he said.

Ormsby, D-Spokane, added that state building codes have historically drawn controversy.

“Folks look for opportunities to weaken some of those standards for a wide variety of reasons – whether it’s energy or safety or anything,” he said.” If you’re going to build a new home, putting in a new heat pump doesn’t seem like that big of a deal. But I’m not in that position and I don’t know the proposed legislation.”

State Sen. Majority Leader Andy Billig, D-Spokane, said he can’t speak on the proposed bill because there isn’t a public draft to read yet. He said he has been focused on gathering recovery money from the state for those impacted by August’s Gray and Oregon Road fires, particularly to help with debris clean-up. Much of the funding so far has come from the state Emergency Management Division, he said.

“That’s what was identified to me – by the mayor of Medical Lake and the county – as the top priority,” Billig said. “Working with the governor’s office, we were able to get some emergency funds. And then during the session there may be a need for some additional funding.”

Billig, who represents central Spokane , said getting debris cleaned up before snowfall has been a top priority in the wildfire recovery efforts. Heavy rain or snow could cause chemicals in debris to seep into the water table, he said, and cause dangerous pollution.

The senator said some people with insurance got help paying for debris cleanup. But for those without insurance, funding quick cleanup efforts has been a “real public interest.”

“Not policy bills, but funding to help with recovery – that has been my focus,” Billig said. “The request that I’ve received from the people that have been impacted is for funding. I’ve been responsive to the requests from the people impacted.”

Volz and Schmidt said they are finalizing the draft of their bill and will have it ready to go on the first day of the 2024 legislative session Jan. 8.