CBPS Tier 1 compliance

The compliance deadline for Tier 1 buildings greater than 220,000 square feet is June 1, 2026.

If you’re the owner of a building subject to the Clean Buildings Performance Standard (CBPS) and have not yet started the compliance process, please begin now and develop a plan to meet the CBPS requirements for your building. Buildings that don’t meet the requirements by the compliance deadline may face a penalty. Check out the FAQ for Tier 1a (220K+ SF).

• Is your building exempt? If the building meets at least one of the exemption criteria listed in Section Z4.1 of the CBPS, it’s not too late to apply for exemption. Apply for exemption through the Clean Buildings Portal.
• If you submitted compliance applications, when should you expect a response? Commerce is experiencing an increase in application submittals, and we’ll review applications in the order they are received. We will be prioritizing applications from buildings greater than 220,000 square feet.
• Are you interested in applying for one of the newly proposed compliance pathways or exemptions? You can now apply for one of the new compliance pathways or exemption categories. Applications are available on the Clean Buildings Portal.
• Are you interested in applying for an extension? Building owners can apply for an extension up to six months before or after the compliance deadline. Applications are available on the Clean Buildings Portal.
• Penalties: Commerce is obligated by law to assess administrative penalties if a building owner doesn’t obtain an approved compliance or exemption application or receive an extension. But our primary goal is to foster compliance, not impose penalties. We’re committed to supporting building owners throughout the process and facilitating progress toward meeting CBPS requirements. Buildings receiving an approved extension within six months of the compliance date will not be penalized if they meet compliance within the extension timeframe. Building owners can choose to pay penalties in lieu of compliance. Penalties will be assessed at the maximum amount of $5,000 plus $1.50 per square foot of gross floor area.
• When will penalties be issued? Commerce hasn’t established a timeline for sending the Notice of Violation and Opportunity to Correct (NOVC – the first notice) yet. These notifications are intended to encourage building owners to act now in submitting compliance or exemption applications or apply for an extension instead of being penalized. Our priority is to ensure building owners have the opportunity to meet the standard.
• Why start now? If a building owner doesn’t receive an extension or does not obtain an approved compliance or extension application, administrative penalties will be assessed through Notice of Violation and Intent to Assess Administrative Penalties (NOVI) (second notice).
  • Responding to the NOVI with a noncompliance mitigation plan in accordance with the standard may reduce fines. Please refer to Section Z5 of the standard for details about the assessment of administrative penalties and the appeals process for Tier 1 covered buildings.
• Compliance support: Commerce Clean Buildings staff is here to help building owners define a path to compliance and identify available financial incentives. There’s also other no-cost assistance including utility accelerator/navigator programs and the Smart Buildings Center help desk.
• Questions? Contact the Clean Buildings Team using the customer support form.

Building owners may request a two-year extension on compliance dates by submitting an application to Commerce through the Clean Buildings Portal between six months before and six months after the required compliance date. Extensions can last two years. Review Exceptions to Z3.2: Extension section of the CBPS for additional details or CBPS 044- Extension Guidance Document (PDF).

When submitting your extension application, it must include documentation supporting the reason for the extension, the extension reporting tool (PDF), and demonstrate that at least one of the following criteria applies:

• Circumstances beyond your control, the effects of which could not have been avoided by exercising reasonable diligence, which substantially interfere with compliance efforts or schedule
• Recent change of ownership
• Financial restrictions
• New construction, additions, or major remodels
• EMP and O&M are complete, but additional time is needed to meet performance targets
• Performance target is met, but additional time is needed to implement EMP and O&M.

Before pursuing compliance, check if your building can qualify for an exemption.Exemptions are applied at the individual building level. Exemptions cannot be applied for as a group or portfolio.

Building owners or their authorized representative can apply for exemption up to three years before the scheduled mandatory compliance date. A qualified person (as defined in the CBPS) is not needed to apply. You can find the exemption application on the Clean Buildings Portal. See the CBPS Compliance Portal page for more information on how to access the Portal.

Once approved, exemption certificates are valid only for the current compliance cycle. The initial compliance schedule is established under Section Z3.2 and repeats every five years thereafter. Applications for exemption shall be submitted to Commerce no later than six months before the mandatory compliance date. Building owners applying for exemption greater than six months before the compliance date must recertify building eligibility confirming that their building still meets the exemption criteria and that no significant changes have affected its exemption status.

Please review Normative Annex section Z4.1 of the CBPS for additional details. Tier 1 covered buildings are eligible for exemption from the standards if they meet one or a combination of multiple exemptions (a through d) affecting more than 50% of the building’s square footage, of the following criteria:

a. No certificate of occupancy

b. No physical occupancy

c. Unconditioned and  semi-heated space

d. Manufacturing or industrial

i. Factory group F or

ii. High hazard group H

e. Agricultural

f. Demolition

g. Financial hardship.

h. National security.

i. Compliance light. The following extenuating conditions will exempt buildings from complying with the performance target, but are still required to benchmark, develop and implement the EMP and develop and implement the O&M.

i. Historic integrity.

ii. Significant loss in assessed value. Non-exempt space

For a list of acceptable supporting documentation for the exemption application, refer to:

• Specific exemption guidance documents (CBPS 021A-021G) in the Clean Buildings Library, OR

• Clean Buildings Performance Standard, Normative Annex Z6.7(4)

This is a process-oriented standard designed to help manage compliance costs effectively, particularly with long lead times. To minimize expenses, it is best to begin the compliance process as early as possible. Review example timelines for Tier 1 buildings (PDF). Please note that timelines may vary.

Don’t forget to check your eligibility and apply for the Early Adopter Incentive Program!

Tier 1 covered buildings greater than 220,000: If you’re the owner of a building subject to the Clean Buildings Performance Standard (CBPS) and have not yet started the compliance process, please begin now and develop a plan to meet the CBPS requirements for your building. Here is more information on the compliance options. There may still be time to apply for an extension. Buildings that don’t meet the requirements by the compliance deadline may face a penalty. Check out the FAQ for Tier 1a (220K+ SF).

• Read: Download a copy of the Clean Buildings Performance Standard. Ensure that you have the 2026 version of the CBPS. Follow the link below to gain access to a copy of the integrated standard at no cost.
  • Clean Buildings Performance Standard – Integrated Document (Smartsheet Form)
• Watch: There are training videos and recorded presentations on the Clean Buildings Performance Standard found in our CBPS Rulemaking, Trainings and Workgroup page. If you’re unfamiliar with the CBPS, start with Clean Buildings 101 (YouTube).
• Learn:
  • Sign up for the Environmental Protection Agency (EPA) training series on using Energy Star Portfolio Manager for benchmarking.
  • 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.
  • Stay up to date by subscribing to the Clean Buildings Bulletin for updates.

Meeting the compliance standard can get complex. Plan ahead and know the supporting roles needed for compliance. Tier 1 compliance requires a qualified person and may require a qualified energy auditor. See defined building compliance roles and responsibilities. To find a qualified person or qualified energy auditor, check out the Support and resources webpage for a directory.

The Clean Buildings Portal serves as the central platform for submitting compliance, extension, and exemption applications, as well as applications for the Early Adopter Incentive Program. Building owners and authorized representatives can create a profile in the state’s Clean Buildings Portal. For additional information, visit CBPS Compliance Portal page or review the first-time access guide (PDF)..

The CBPS requires owners of Tier 1 covered buildings to benchmark their building’s net energy use using the U.S. EPA’s ENERGY STAR® Portfolio Manager® (ESPM). ESPM is the industry standard for tracking building benchmarking data and is offered at no cost to consumers.

Energy benchmarking for the CBPS is the process of tracking and analyzing a building’s energy use and comparing it to its past performance, other similar buildings and to the appropriate energy use intensity target (EUIt) as documented in Table 7-2a (PFD) of the CBPS. Benchmarking is an essential process for determining which compliance pathway performance metric to pursue in an effort to comply with the CBPS.

To get started, review CBPS 027- Benchmarking for the Clean Buildings Performance Standard (PDF). This guide gives building owners a step-by-step process for energy benchmarking. If you cannot measure your energy use intensity (EUI) or benchmark your building, go to Step 7 to determine your compliance pathway.

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, with or without tenants. 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).

Building owners of Tier 1 covered buildings must choose a compliance pathway to demonstrate compliance with the Clean Buildings Performance Standard. To learn more about the options, check out Informative Annex B Compliance Pathways or CBPS 010 T1 Compliance Pathways (PDF) to help guide you. Each building must comply with general requirements and demonstrate compliance with the performance metric using one of the following compliance pathways:

1. Meeting the Energy Use Intensity Target (EUIt)
2. Investment Criteria with one of the following compliance methods (only one option is required):
   1. Investment criteria- optimized bundle
   2. Investment criteria- install all identified energy efficiency measures (EEMs) with simple payback
   3. Investment criteria- no identified energy efficiency measures (EEMs) with simple payback
   4. Investment criteria- Custom Bundle
3. Minimum Energy Use Reduction
4. Space Heating Electrification Compliance

If you’re unable to measure your EUI, the building owner will have the option to pursue compliance through the investment criteria or space heating electrification compliance pathways.

If the building has a measurable  EUI, any of the pathways listed above can be pursued. If the building’s EUI is less than or equal to the target established in accordance with the standard, the simplest compliance pathway to pursue is Meeting the EUIt. For more information, visit the CBPS Document Library.

Develop and implement the Energy Management Plan (EMP) and associated Operations and Maintenance (O&M) Program for each building as outlined in Sections 5 and 6 of the Clean Building Performance Standard. This step can happen concurrently with benchmarking. Review CBPS 037- Energy Management Plan and Operations and Maintenance Guidance (PDF) to help you get started.

There are mandatory reporting tools: Energy Management Plan Reporting Tool (PDF) and the Operations and Maintenance Reporting Tool (PDF) which outline the requirements in the standard and function as a checklist to assist in compliance. These completed forms must be attached to the successful compliance applications.

The EMP and O&M program are mandatory requirements for all covered buildings. Implementation of these requirements can begin at any time prior to applying for compliance.  

The EMP template and the O&M Program Development Tool (below) are available and can be used to help you get started. The use of the template and tool are not required. You’re welcome to use other templates or an existing document (EMP and O&M program), if they meet the requirements of the CBPS.

• Energy Management Plan Template (Word)

The EMP template acts as a framework for building energy management planning in relation to the requirements of the CBPS. This optional resource can be used by building owners, authorized representatives, energy managers or qualified persons to guide the creation of the energy management plan for Tier 1 or Tier 2 covered buildings. An EMP outlines an organization’s goals for their building’s energy performance, tracks actual energy use of the building, reports historical energy use intensity (EUI) metrics compared to the building’s energy use intensity target (EUIt), and incorporates O&M protocols to ensure the building is operating as efficiently as possible.

• O&M Program Development Tool (Excel)

The O&M Program Development Tool was developed to assist building owners with documenting and tracking a building’s equipment and system inventory and maintenance tasks associated with their equipment. This Excel-based tool allows building personnel to track common equipment types and tasks as well as create their own customizable equipment and preventative maintenance requirements. Watch the simple or detailed tutorial on how to navigate the tool:

• O&M Program Development Tool Detailed Tutorial
• O&M Program Development Tool Simple Tutorial

Commerce accepts compliance applications through the Clean Buildings Portal. The building owner of a Tier 1 covered building must report compliance with the CBPS to Commerce in accordance with the initial compliance schedule and every five years thereafter. Review the Clean Buildings Portal User Guide (starting on page 31) for a step-by-step guide on how to submit a compliance application.

• Clean Buildings Portal User Guide (PDF)
• Compliance forms description, instructions and location (PDF)

Building owners that need more time to comply have two options:

• Apply for an extension (PDF): Tier 1 covered buildings are eligible for a two-year compliance date extension. Applications are accepted no sooner than six months prior to and up to six months after the applicable compliance date. The application must include documentation supporting the reason for the extension.
• Apply for conditional compliance. Conditional compliance is a temporary compliance method that might help avoid the penalty by delaying the verification of compliance for the Meeting the EUIt or Investment Criteria performance target. This approach might be viable if all energy efficiency measures (EEMs) are implemented, all other compliance work is complete, and only more time is needed to perform the verification of compliance for the performance target. This method requires annual reporting until full compliance is demonstrated. See Normative Annex Z4 of the CBPS 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. If you fail to submit the proper documentation by the deadline, you will receive legal notices about increasing penalties.

Buildings that don’t comply may eventually face a fine of up to $5,000 plus an amount based on the duration of any continuing violation, not to exceed a daily amount equal to $1.50 per square foot for one year. Late fees may also be assessed.

The program goal isn’t to issue penalties. The objective is to help building owners save energy and money while meeting the state’s climate and public health goals.

• See Normative Annex Z 5 of the CBPS 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 find more information, tools and assistance 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)