CBPS Tier 1 compliance

If the building meets at least one of the exemption criteria listed in RCW 19.27A.210(7)(c) (Section Z4.1 of the standard), building owners can apply for compliance through exemption up to three years prior to their scheduled mandatory compliance date.

• Tier 1 buildings over 220,000 sq. ft. can apply for an exemption beginning on June 1, 2023.
• Tier 1 buildings over 90,000 sq. ft. can apply for an exemption beginning on June 1, 2024.
• Tier 1 buildings over 50,000 square feet can apply for exemption beginning on June 1, 2025.

Applications for exemption shall be submitted to Commerce no later than 180 days prior to the mandatory compliance date. Aggregate gross floor area with nonexempt space greater than 20,000 square feet may be required to comply with Tier 2 covered building requirements.

Approved certificates of exemption are only valid for the compliance review cycle for which they were applied. Within six months before the compliance date, building owners who have received exemption approval must certify that the building still meets the eligibility qualifications for the exemption and that there have been no material changes to qualifying conditions. Commerce will provide a one-page declaration for exempted building owners to sign.

A list of acceptable exemption application supporting documentation can be found in:

• Specific exemption guidance documents (CBPS 021A-021G) in the Clean Buildings Library, OR
• Clean Buildings Performance Standard, Annex Z6.7(4)

The application for exemptions can be found through the Clean Buildings Portal. See the CBPS Compliance Portal page for more information on how to access the Portal.

This is a process-oriented standard with long lead times to help keep compliance costs down. It is most cost-effective to start the compliance process as early as possible.

• Check your eligibility and apply for the Early Adopter Incentive Program.
• Timelines will vary. Review an example timeline for buildings over 220k square feet (PDF).

• The Clean Buildings Performance Standard consists of ASHRAE Standard 100-2018 and state amendments WAC 194-50. Follow the link below to gain access to a copy of the integrated standard published by ASHRAE.
  • Clean Buildings Performance Standard – Integrated Document (on Smartsheet)
• Watch training videos and presentations on the Clean Buildings Performance Standard. Start with Clean Buildings 101 (on YouTube) or the WSU RCM Webinar Efficiency through the Clean Buildings Performance Standard.
• Sign up for the Environmental Protection Agency (EPA) training series on using Energy Star Portfolio Manager for benchmarking.
• Explore the Smart Building Center remote learning library.
• Explore the Clean Buildings Support and Resources page and Guidance Document library for tools and resources to assist with compliance.
• Subscribe to the Clean Buildings Bulletin for updates.

• Compliance with the standard can get complicated. Plan ahead and understand the supporting roles needed for compliance.
• Tier 1 compliance requires a qualified person and may require a qualified energy auditor. Click here for defined roles and responsibilities.
• To find a qualified person, check the Support and Resources webpage

The Clean Buildings Portal is where you will submit compliance documentation and can apply for the Early Adopter Incentive Program. Building owners and authorized representatives may create a profile in the state’s Clean Building Portal. See the CBPS Compliance Portal page for more information on how to access the Portal.

• Establish your building performance metric by benchmarking the building.
• Create an account with the Energy Star Portfolio Manager (ESPM).
• Contact your utility provider(s) to integrate your building into ESPM. Understand your utility providers’ role in compliance.
  • Utilities are required to provide energy consumption data to building owners upon request. Large utilities (greater than 25,000 customers) are required to provide this data using ESPM’s automated upload protocol. Smaller utilities are to provide the data to building owners in an Excel document, meeting Energy Star Portfolio Manager specifications (see RCW 19.27a.170).

Benchmarking will help to determine which compliance path to pursue:

1. EUIt path: Meeting an energy use intensity target (EUIt). This metric represents a site-based EUI average for similar building types, and does not represent achieving “net-zero” or other green building certifications;
   • To report compliance using the EUIt compliance path, establish the weather normalized energy use intensity (WNEUI) for each building in ESPM. Within the Portal, create the energy use intensity target (EUIt) for the building in accordance with Annex Z, Section Z6.2. For assistance on how to determine your building’s EUIt, refer to the guidance document How to Determine Energy Use Intensity Target (EUIt) and within the standard Table 7-2a Building Activity Site Energy Targets and Table 7-4 Building Activity Type Definitions Table.
2. Investment Criteria: Utilizing the “investment criteria” pathway, with or without a measured energy use intensity (EUI). This compliance route includes performing an energy audit and implementing all cost-effective efficiency measures.
   • Buildings unable to develop an energy use intensity target (EUIt) cannot use the EUIt compliance path. Instead, they shall use the Investment Criteria compliance path, pursue compliance in accordance with the investment criteria performance metric, and are not required to create an ESPM account.

Paths to compliance: flow charts

1. Compliance Paths (PDF)
2. Compliance by meeting EUIt (PDF)
3. Compliance through investment, with a measurable EUI (PDF)
4. Compliance through investment without a measurable EUI (PDF)

For more information, visit the CBPS Document Library.

Develop and implement the Energy Management Plan (EMP) and associated Operations and Maintenance Program (O&M) for each building as outlined in Sections 5 and 6 of the Clean Building Performance Standard. This step can happen concurrently with benchmarking.

The EMP and O&M program are mandatory requirements for all covered buildings. Implementation of these requirements can begin at any time. The O&M program requirements must be implemented 12 months prior to the mandatory compliance date. There are no required templates. A current EMP and O&M program, which are in compliance with the Clean Building Performance Standard, may be used. In addition, the Energy Management Plan Reporting Tool (PDF) and the Operations and Maintenance Reporting Tool (PDF) must be attached to the successful early compliance applications.

Tip: Designate an energy manager and identify your qualified person. A qualified person requires specific expertise and certification. Select this link for defined roles and responsibilities (PDF).

• Compliance forms description, instructions and location (PDF)

The building owner of a Tier 1 covered building must report compliance with the standard to Commerce in accordance with the initial compliance schedule and every five years thereafter.

Need more time to comply?

Conditional compliance is a temporary compliance method that can be applied to avoid the penalty if the EUIt or Investment Criteria will not be met by the scheduled compliance date. See Annex Z4 for more details. Application for conditional compliance must be submitted a minimum of 180 days prior to the scheduled compliance date. 

Commerce is authorized to impose administrative penalties upon building owners who fail to submit documentation demonstrating compliance. Failure to submit appropriate documentation by the scheduled reporting date will result in progressive penalties by legal notice.

• See Annex Z5 to learn more about violations, assessment of administrative penalties, mitigation and review of penalty decisions.
• Review the Clean Buildings Performance Standard Penalties Estimator (Excel), or on the Support and Resources page.

A dedicated space outside of our scheduled trainings and workshops to connect with our Clean Buildings staff, ask questions, talk through scenarios and more. “Office Hours” are held on the 4th Tuesday of every month from 10:00 a.m. to 11:00 a.m. PT.

• Register to attend a CBPS Office Hour Session (on Zoom)