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The Washington State Clean Buildings Performance Standard

The Washington Clean Buildings Performance Standard, also known as the CBPS, was signed into law in May 2019, expanded in 2022, and augmented in 2026. The law required the Washington State Department of Commerce (Commerce) to develop and implement an energy performance standard for existing covered buildings, multifamily buildings, and campus district energy systems.  It does so by establishing energy efficiency and reporting standards for buildings above 20,000 sq. ft. of conditioned gross floor area. Additionally, the Act provides incentives to encourage energy efficiency improvements ahead of the first compliance periods. For more information on the law and how to comply, visit the Washington State Department of Commerce.  

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This standard is mandatory for all buildings that fall into either of the following two categories located in Washington State.

  • A Tier 1 covered building (formerly known as a covered commercial building) is a building where the sum of nonresidential, hotel, motel, and dormitory floor area exceeds 50,000 gross square feet, excluding the parking area. Mandatory compliance and reporting for Tier 1 covered buildings begins June 2026 for buildings greater than 220,000 sq ft. Federal buildings and buildings owned by federally recognized tribes are not required to comply with the standard.  For more information, please refer to Dept of Commerce website on Tier 1 compliance.
  • A Tier 2 building is a building where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet but does not exceed 50,000 gross square feet, excluding the parking area. Tier 2 covered buildings include multifamily residential buildings with floor areas equal to or exceeding 50,000 gross square feet, excluding the parking area. Federal buildings and buildings owned by federally recognized tribes are not required to comply with the standard. Please refer to the Dept of Commerce website on Tier 2 compliance for more information.

If your building can be categorized as a Tier 1 or a Tier 2 building, this applies to your building.  Compliance is specific to the building Tier.  For more information on the definition and difference between Tier 1 and Tier 2 buildings, please visit the  CBPS frequently asked questions (PDF) on the Clean Buildings home page.

The Washington State Department of Commerce will send letters to building owners and any relevant next steps.

Tier 1 and Tier 2 building owners have been notified. If you cannot find your notification letter, the Dept. of Commerce can send you a new one if you fill out this form.

If you have questions about being notified and think you were notified in error, please contact the Dept. of Commerce at 360-725-3105 or visit their webpage and fill out a customer support form.

Compliance starts with benchmarking your building’s energy use. Benchmarking helps you understand how much energy your building uses and, for Tier 1 buildings, whether it meets its energy use intensity target.

Tier 1 buildings must benchmark their energy use and develop:

  1. An energy management plan
  2. An operations and maintenance program.

Tier 1 buildings must also meet the applicable energy performance requirements. If a building does not meet its energy use intensity target, the owner may need to complete an ASHRAE Level II energy audit or use another compliance pathway available under the state standard. More information can be found at Tier 1 Compliance – Washington State Department of Commerce.

Tier 2 buildings must:

  1. Benchmark and track the building’s energy use.
  2. Develop and implement an energy management plan.
  3. Develop and implement an operations and maintenance program.

Tier 2 buildings do not currently have an energy performance target requirement. The first compliance and reporting deadline is July 1, 2027. For more information, visit Tier 2 Compliance – Washington State Department of Commerce.

Building owners may also qualify for an exemption, extension, or other compliance pathways, depending on their circumstances. The Washington State Department of Commerce has updated its rules and guidance for these options. If a building owner does not comply, the State may levy fines.  Commerce’s website has a penalties estimator that may help you determine what fines your building might face.

Compliance dates are organized based on the floor area of buildings subject to the law. Building owners must comply every five (5) years after their first compliance date.

Tier 1 Covered Buildings Compliance Deadline:

  • June 1, 2026 – More than 220,000 sq. ft.
  • June 1, 2027 – More than 90,000 sq. ft. but less than 220,001 sq. ft
  • June 1, 2028 – More than 50,000 sq. ft. but less than 90,001 sq. ft

Tier 2 Covered Buildings Compliance Deadline:

  • July 1, 2027 – More than 20,000 sq. ft. but less than 50,001 sq. ft., and All Multifamily residential buildings more than 20,000 sq. ft.

Benchmarking with Energy Star Portfolio Manager

The Clean Buildings Law requires buildings to report their energy performance using Energy Star Portfolio Manager when consumption reporting is possible. Prior to compliance, benchmarking can help determine which compliance path building owners may pursue. Tacoma Power must provide aggregated, building-level electric consumption data to the building owner or a duly authorized building owner representative. If a building owner elects to appoint a representative, the owner must complete a release form authorizing the representative.

To start the utility data collection process, see our resource page and sign-up process:

Energy Star Portfolio

Additional Resources

In some instances, building owners may need to upgrade equipment to comply with the law. Tacoma Power offers a range of energy conservation rebates and incentives to help offset investment costs.

We can also provide a high-level walk-through to help identify potential opportunities. However, the assessment will not satisfy the energy audit requirements of the Clean Buildings Law, and we do not provide funding for energy audits.

To support building owners who need to improve their building energy performance, Commerce will administer the Early Adopter Incentive Program that began July 1, 2021.

To see if your project may be eligible, visit Clean Buildings – Early Adopter Incentive Program.

Tacoma Power’s Energy Star Portfolio Manager

Tacoma Power Business Rebates

Washington State Department of Commerce Clean Buildings

Compliance information

Additional Building Owner Support