City input needed: New clean buildings performance rules in the making

New clean buildings standard will impact Tier 2 building owners. AWC strongly encourages cities to learn about the new requirements and to participate in the current rulemaking by submitting comments or testifying at the Nov. 21 public hearing.

The Dept. of Commerce has asked building owners to participate in the rulemaking process for the state’s recently expanded Clean Buildings Performance Standard. The expansion applies to buildings between 20,000 and 50,000 square feet, adding a new second tier that includes multi-family buildings. Building owners to whom the new standards apply will be responsible for conducting energy management planning and reporting, and may face financial penalties for noncompliance.

A Tier 2 covered building is a commercial 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 also include multifamily residential buildings where floor areas are equal to or exceed 50,000 gross square feet, excluding the parking garage area.

The first phase of the law is not a performance standard. It will require reporting on benchmarking, energy management plans and operations and maintenance programs for Tier 2 buildings. Compliance and reporting for the new tier are expected July 1, 2027.

The expansion bill also includes an incentive program with an additional $150 million available for Tier 2 buildings at a rate of $.30 cents per square foot.

The new law requires Commerce to complete rulemaking by December 1. There is still time to provide input to Commerce at the public hearing on November 21.

Rulemaking timeline:

• Deadline to submit comments: Sept. 29, 2023
  • Stakeholder comment form
  • Stakeholder comments dashboard
• Commerce files the CR 102: October (TBD)
• Public hearing: November 21
• Commerce files the CR 103: November (TBD)
• Rules adopted: December 31

Commerce will collect comments throughout the rulemaking process. (For Commerce to consider comments before filing the CR 102 they must have been submitted before Sept 29.) You can submit your comments and input using the Public Comment Form. All comments received will be posted on the Public Comment Summary Report. Commerce asks that commenters review the workshop materials and recording (September 7 recording) before submitting written comments.

View the clean buildings website and the details of the new law to learn more.

Other resources

• Tier 2 Incentive Program Development Workshop Contact List
• Early Adopter Incentive Program homepage
• WAC 194-50