WA Dept of Commerce

In 2019 the Clean Buildings bill was signed into law, expanded in 2022, and augmented in 2023. The objective is to lower costs and pollution from fossil fuel consumption in the state’s existing covered buildings, multifamily buildings, and campus district energy systems.

How BOC Can Help

The standard defines several roles. BOC Level II fulfills the requirements of the role of a Qualified Person as defined in the standard. If you have already completed the BOC Level II training and fulfill the experience requirements, your credential must be current to qualify. If you need help bringing your credential up to date, please contact our BOC Help Desk. If you are interested in earning the BOC Level II credential to assume the role of a Qualified Person, our BOC schedule for WA is available, or contact the BOC Help Desk for more information about upcoming courses.

What Buildings are Affected by the CBPS?

Tier 1:

Tier 1 covered buildings (formerly known as covered commercial building) are buildings, 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.

Tier 2:  

Tier 2 buildings are buildings 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.

What are the requirements?

Tier 1:

  • Benchmark by measuring and tracking energy use in a building over time.
  • Implement an operations and maintenance (O&M) program in accordance with the standard.
  • Create an energy management plan (EMP).
  • Tier 1 covered buildings must also meet an energy performance metric by either:
    • Meeting an energy use intensity target (EUIt). This metric represents a site-based energy use intensity (EUI) average for similar building types, and does not represent achieving “net-zero” or other green building certifications;
    • Utilizing the “investment criteria” pathway. This compliance route includes performing an energy audit and implementing all cost-effective efficiency measures (EEM).

Tier 2:

  • Benchmarking by measuring and tracking energy use in a building over time.
  • Implementing an operations and maintenance program.
  • Creating an energy management plan.

What are the compliance deadlines?

Tier 1 covered buildings reporting schedule:

  • 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 reporting schedule:

  • 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.

Necessary Qualifications

Tier 1:

Qualified Person

A person having training, expertise and three years professional experience in building energy use analysis and any of the following:

  1. A licensed professional architect or engineer in the state of Washington;
  2. A person with Building Operator Certification (BOC) Level II by Building Potential;
  3. A commissioning professional certified by an ANSI/ISO/IEC 17024:2012 accredited organization;
  4. A qualified energy auditor;
  5. A person with South Seattle College Sustainable Building Science Technology Bachelor of Applied Science degree, or as approved as equivalent by the AHJ.

Tier 2:

Qualified Energy Manager

An individual designated by the building owner who:

  1. Has two years of experience, including educational and/or professional experience, with commercial building operations and/or building energy management in addition to successful completion of clean buildings tier 2 training program (in development) as specified by the AHJ; or
  2. Meets the definition of a qualified person.

Do you have questions about the standard?

The Smart Buildings Center offers a technical assistance helpdesk to support facility personnel responsible for their building’s compliance with the standard.  Learn more.