Washington Clean Buildings Law
The Washington Clean Buildings Act, also known as the Clean Buildings Law, was signed into law in May 2019, expanded in 2022, and augmented in 2023. 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 accomplishes this objective 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.
Sign up for email updates from the Washington State Commerce Department- Does this apply to my building?
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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 garage 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 garage area. Tier 2 covered buildings include multifamily residential buildings with floor areas equal to or exceeding 50,000 gross square feet, excluding the parking garage 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.
- How will building owners be notified?
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The Washington State Department of Commerce will send letters to building owners and any relevant next steps.
Tier 1 building owners have already been notified, and Tier 2 notifications are scheduled for July 2025.
If you have questions about being notified and think you were notified in error, please contact Dept of Commerce at 360-725-3105 or visit their webpage and fill out a customer support form.
- How to comply
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Compliance with the law requires several steps. First, building owners must develop two plans: an energy management plan and an operations and maintenance plan.
In addition, Tier 1 buildings will either need to meet an energy performance standard OR meet the law by conducting energy audits and implementing cost-effective energy conservation measures. Newly constructed buildings must meet more stringent performance requirements. More information can be found at Tier 1 Compliance – Washington State Department of Commerce.
Tier 2 buildings will need to benchmark their buildings by tracking, measuring, and monitoring energy use in a building over time. Tier 2 buildings may need to comply with a performance requirement in the future. Tier 2 rules are still undergoing final revisions, so for the most up-to-date information, please visit Tier 2 Compliance – Washington State Department of Commerce.
In select cases, building owners may obtain exemptions, e.g., for industrial facilities, but an exemption must be filed and approved by Commerce. If a building owner does not comply, the State may levy fines. There is a penalties estimator on Commerce’s website that may help determine what the fines for your building might be.
- Compliance Dates
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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, a release form authorizing the representative must be completed.
To start the utility data collection process, see our resource page and sign-up process:
Energy Star Portfolio- Tacoma Power financial incentive programs
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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.
- Early adopter incentive program
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To support building owners who need to improve their building energy performance, Commerce will administer the Early Adopter Incentive program that begins July 1, 2021. To see if your project may be eligible, visit Clean Buildings – Early Adopter Incentive Program.
- Washington State Grants
- Additional resources
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Tacoma Power’s Energy Star Portfolio Manager
Washington State Department of Commerce Clean Buildings