Residential and commercial buildings play a significant role in Washington State’s greenhouse gas (GHG) footprint. In 2021, these buildings accounted for approximately 26 percent of statewide GHG emissions when electricity consumption is included. In response, the Washington State Legislature charged the Department of Commerce with implementing the Clean Buildings Performance Standard (CBPS), a sweeping policy designed to reduce energy use and emissions across existing large buildings while improving long-term operational efficiency.
As compliance deadlines approach, building owners across the state are grappling with a central question: does CBPS apply to my building, and if so, what do I need to do?
This article provides a practical overview of CBPS applicability, common exemptions, compliance requirements, and recommended next steps.
Determining Applicability: Size Matters
The foundation of CBPS applicability is gross floor area (GFA). Under the rule, gross floor area is defined as the total number of square feet measured between the exterior surfaces of a building’s enclosing walls. This includes not only occupied spaces like offices or production areas, but also supporting spaces such as lobbies, restrooms, mechanical rooms, equipment storage areas, break rooms, and elevator shafts. Notably, parking garages are excluded.
CBPS categorizes buildings into two tiers:
- Tier 1 Buildings include nonresidential buildings greater than 50,000 square feet.
- Tier 2 Buildings include nonresidential buildings between 20,000 and 50,000 square feet, as well as multifamily residential buildings equal to or greater than 20,000 square feet.
Applicability is evaluated on a per-building basis, not by total campus or facility size. This distinction is critical for sites with multiple structures, as some individual buildings may fall under CBPS while others do not.
Owners who believe they own a covered building but have not yet received a Building Owner Notification Letter from the Department of Commerce can submit a request through Commerce’s online notification portal to confirm their status.
Understanding Exemptions: Limited but Important
The CBPS exemptions are narrower than many building owners initially expect. There are no exemptions for data centers, standalone laboratories, or standalone warehouses, regardless of energy intensity or operational constraints.
One of the most commonly applied exemptions involves manufacturing or industrial buildings. A building may qualify for exemption if more than 50 percent of its gross floor area is classified as Factory Group F or High Hazard Group H under the Washington State edition of the International Building Code. However, exemptions are not automatic. Building owners must submit an Application for Exemption Certificate to Commerce and provide documentation substantiating the exemption claim.
Acceptable documentation includes items such as municipal or county records, certificates of occupancy, construction permits, letters from qualified professionals, financial records, or other evidence approved by the Department. In practice, this can include photographs demonstrating manufacturing activity, narratives attesting to building use, or business records linking production activity to the building address.
Timing is critical. Exemption applications must be submitted no sooner than two years and no later than 180 days before the applicable compliance date. For Tier 2 buildings, that deadline is January 2, 2027. Tier 1 buildings follow a tiered submission window tied to their compliance schedule, spanning from December 2025 through December 2027.
It is also important to note that mixed-use buildings are frequently misunderstood. If administrative offices or warehouses are housed within the same building as manufacturing operations, the building may qualify for exemption. However, standalone office buildings or warehouses located on a manufacturing campus are evaluated independently and may still be subject to CBPS.
Compliance Requirements: What Covered Buildings Must Do
Once a building is determined to be non-exempt, owners must prepare to meet CBPS compliance requirements, which vary slightly by tier.
Tier 1 Buildings
Tier 1 compliance is phased based on building size:
- June 1, 2026 for buildings greater than 220,000 square feet
- June 1, 2027 for buildings between 90,000 and 220,000 square feet
- June 1, 2028 for buildings between 50,000 and 90,000 square feet
Tier 1 buildings must complete several core requirements:
- Energy Benchmarking Owners must upload at least 12 consecutive months of net energy use data into ENERGY STAR Portfolio Manager to calculate a weather normalized site energy use intensity (WNEUI).
- Operations and Maintenance Program This program ensures that building systems operate efficiently throughout their service life and aligns with documented maintenance practices.
- Energy Management Plan (EMP) The EMP is a living document outlining how the organization manages energy performance and indoor environmental quality, including planned improvements.
- Energy Performance Metric Buildings must either meet an established energy use intensity target (EUIt) based on building activity type or comply through the investment criteria pathway, which requires an ASHRAE Level 2 energy audit and implementation of cost-effective energy efficiency measures. Special provisions apply to data centers, which do not have EUIt targets and must comply exclusively through the investment criteria pathway, including energy audits, life cycle cost analysis, and verification of savings.
Grant funding opportunities are available for privately owned Tier 1 buildings, and the Request for Application is due March 4, 2026.
Tier 2 Buildings
Tier 2 buildings face a single compliance deadline: July 1, 2027.
The compliance requirements largely mirror Tier 1, including benchmarking, operations and maintenance, and an energy management plan. However, Tier 2 buildings are not required to meet an energy performance metric. This makes early planning especially valuable, as benchmarking and documentation can often be completed with relatively modest effort compared to performance upgrades.
Practical Next Steps for Building Owners
With implementation underway, proactive planning is key. Building owners should consider the following steps:
- Evaluate Applicability Assemble a list of all buildings and confirm gross floor areas using drawings, plans, or assessor records.
- Assess Exemption Eligibility For buildings larger than 20,000 square feet, evaluate whether manufacturing, industrial, or other exemptions may apply, and initiate exemption applications early where appropriate. Standalone administrative buildings within large industrial complexes generally do not qualify for these exemptions.
- Plan for Compliance For non‑exempt buildings, owners should confirm applicable compliance deadlines and begin assembling required benchmarking data, operations and maintenance documentation, and energy management plans. Drawing on our experience supporting clean building standards in states such as Colorado, Massachusetts and New York, Trinity helps building owners navigate compliance requirements, streamline documentation, and plan strategically for long‑term performance improvements.
- Engage Qualified Professionals CBPS compliance requires involvement from qualified persons and, for certain compliance pathways, qualified energy auditors with specific credentials and experience. Trinity’s team includes professionals who meet the qualified person criteria and can serve as a Qualified Energy Manager (QEM) to prepare compliance documentation. Trinity has substantial experience supporting clients with similar requirements in other jurisdictions that have implemented Building Performance Standards, including New York City, Boston, and Cambridge.
Trinity Consultants is here to help! If your facility needs support with CBPS, please contact Nancy Liang in Trinity’s Seattle office at 425.966.2973.
