CBPS Compliance Services Washington | Avoid Penalties
CBPS compliance Deadline: Avoid continued penalties or fines by filing your report today!
Frequently Asked Questions
Frequently Asked Questions
What is CBPS compliance?
CBPS (Clean Buildings Performance Standard) is a Washington State energy efficiency law that requires certain commercial buildings to meet energy performance targets. Compliance helps reduce energy costs, lower emissions, and avoid state penalties.
Clean buildings are essential to meeting our state energy goals. 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. The law also provides Tier 1 and Tier 2 incentives to encourage building owners to make energy efficiency improvements earlier than required.
Who Required to comply with CBPS?
All public and privately owned buildings, which meet the definition of a Tier 1 or Tier 2 covered building are subject to the requirements of the Clean Buildings Performance Standard (except for federal buildings and buildings belonging exclusively to federally recognized tribes).
What’s the difference between Tier 1 and Tier 2?
Tier 1 :
- Buildings greater than 50,000 square feet
- Does not include multifamily residential buildings
- Requirements: Benchmarking, energy management plan (EMP), operations and maintenance (O&M) program and performance metric
- Mandatory compliance begins in 2026 for buildings over 220,000 square feet
Tier 2 :
- Buildings greater than 20,000 to 50,000 square feet
- Includes multifamily residential buildings greater than 20,000 square feet
- Requirements: benchmarking, energy management plan (EMP) and operations and maintenance (O&M) program
- Mandatory reporting July 1, 2027
Are there additional incentive funds available for Tier 1 and Tier 2 buildings?
Yes, see the CBPS Incentives & Savings page for more information
What is a Public Building?
Public Buildings are buildings owned by State Agencies, School and Health Districts, Colleges and Cities, Municipalities and Counties (this does not include buildings owned by a non-profit, even if the non-profit is funded by a public agency).
Is this the same as 'Clean Buildings'?
Yes, CBPS refers to the Washington Clean Buildings Performance Standard law. It’s the same regulation, just using the official acronym.
What is the Clean Buildings Portal?
The Clean Buildings Portal is a database of all covered buildings. It provides building owners with a secure system to manage their building’s compliance with the Clean Buildings Performance Standard and submit applications to the Early Adopter Incentive Program. Please note: Features for Tier 2 will not be available until after July 2025.
What can I do to get started with compliance?
Compliance with the Clean Buildings Performance Standard is different depending on the size of your building. Tier 1 is buildings greater than 50,000 sf. Tier 2 is buildings greater than 20,000 sf to 50,000 sf and all multifamily buildings greater than 20,000 sf.
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For more information on CBPS Tier 1 requirements visit Washington State Department of Commerce
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For more information on CBPS Tier 2 requirements visit Washington State Department of Commerce
What are the penalties for not coming under compliance?
For Tier 1, the maximum penalty is $5,000 plus an amount based on the duration of any continuing violation. The additional amount for a continuing violation may not exceed $1.50 per square foot. For more details, refer to Z5.4 Assessment of Administrative Penalties in the Clean Buildings Performance Standard.
For Tier 2, the maximum penalty is $0.30 per square foot. For more details, refer to Y5.4 Assessment of Administrative Penalties in the Clean Buildings Performance Standard.
Commerce also has a penalty calculator: CBPS 015- CBPS Penalties Estimator.xlsx | Powered by Box. Penalties are assessed for each 5-year compliance period.
How long does compliance prep take?
Preparation time varies by building size and complexity, but typically ranges from 3-12 months. Starting early is key to avoiding rushed decisions and penalties.
Do churches or other non-profits need to comply with the Standard?
If a building owned by a church or non-profit meets the definition of a Tier 1 or Tier 2 covered building, it will need to comply.
Does my building need to be submetered to comply with the Standard?
Tier 1 covered building: No, a building is not required to be submetered to comply with the Standard. Please review the submetering documentation for additional information. Tier 1 covered buildings subject to the Standard, that are not independently metered and thus cannot measure an energy use intensity (EUI), may either use the Section 5.2.1.1 connected building reporting pathway, or comply with the investment criteria, as follows.
Tier 1 covered buildings that share energy meters with other covered and/or not-covered buildings shall either:
1. Submeter: Report each individual covered building, which would require submetering, demonstrating compliance through the EUIt compliance pathway or through the investment criteria compliance pathway, or
2. Shared Meters: Report as grouped buildings, keeping the shared metering, demonstrating compliance at the connected building level through the EUIt compliance pathway. Connected building level compliance via the investment criteria compliance pathway is not allowed.
Tier 2 covered building: Owners of Tier 2 covered buildings may choose to submeter their building’s energy use, but it is not required. Those that share energy meters with other buildings shall report energy benchmarking data at the connected building level.
Who must comply with Washington CBPS?
CBPS applies to commercial and multifamily buildings in Washington over 20,000 square feet. Tier 1 covers non-residential buildings over 50,000 sq ft. Tier 2 covers non-residential buildings from 20,001 to 50,000 sq ft and all multifamily buildings over 20,000 sq ft.
When is the first Tier 1 deadline?
June 1, 2026 for non-residential buildings over 220,000 sq ft. June 1, 2027 for 90,001 to 220,000 sq ft. June 1, 2028 for 50,001 to 90,000 sq ft.
When must my O&M program be running?
What are the penalties?
Tier 1 penalties are $5,000 plus $1.00 per square foot per year, accumulated daily for up to 18 months. Tier 2 penalties are a flat $0.30 per square foot and are not prorated.
What incentives are available?
Tier 1 Early Adopter Incentive: $2.00 per sq ft plus $0.05 per kBTU saved over 15 EUI, capped at 50% of efficiency measure cost. Tier 2 Early Adopter Incentive: base $0.30 per sq ft; enhanced up to $0.75 per sq ft. Clean Building Performance Grants are also available for qualifying public and private buildings.
Do multifamily buildings count?
Yes. All multifamily buildings over 20,000 square feet are Tier 2 covered buildings. Non-residential buildings are split between Tier 1 and Tier 2 by size.
Do I need to comply if my building is exempt?
You must still document the exemption. Common exemptions include agricultural, industrial, and certain mixed-use buildings below the threshold. We confirm exemptions in writing and file the required documentation.