CBPS Compliance Services Washington | Avoid Penalties
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CBPS Incentives and Penalties
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Tier Classification
Not Covered
- Compliance Deadline
N/A
- Required Personnel
N/A
Required Personnel
Find Certified Professional
Compliance Documentation
Next Steps
Washington CBPS Early Adopter Incentives
The Washington State Department of Commerce offers substantial financial incentives to building owners who proactively comply with Clean Buildings Performance Standard requirements.
Tier 1 Early Adopter Incentive Program:
Requirements:
- Building must be 15+ EUI above target
- Achieve full CBPS compliance
- Meet Energy Use Intensity target (EUIt)
Tier 2 Early Adopter Incentive Program:
The Tier 2 Early Adopter Incentive Program, covers buildings between 20,000 – 50,001 sq ft, including multifamily residential buildings over 20,000 sq ft. A total of $150 million has been allocated for Tier 2 incentives, with Commerce partnering with Washington State utilities to pay these incentives to building owners. Commerce will review and approve compliance and incentive applications, and the incentive will be paid by the building’s utility provider on a first-come, first-served basis.
Requirements:
Energy benchmarking, Energy Management Plan (EMP), and Operations & Maintenance (O&M) program only. No energy performance target required.
Washington CBPS Non-Compliance Penalties
If you do not comply with Washington State CBPS there can be thousands in associated penalties.
Tier 1 Non-Compliance Penalties:
- Maximum penalty per compliance cycle: $5,000 plus $1.50 per square foot.
- Ongoing violations: $5,000 plus $1.00 per square foot per year, calculated daily for up to 18 months.
- Deadlines based on Square Footage
Requirements:
- Building must be 15+ EUI above target
- Achieve full CBPS compliance
- Meet Energy Use Intensity target (EUIt)
Tier 2 Non-Compliance Penalties:
- Maximum penalty per compliance cycle: $0.30 per square foot (flat fee).
- To avoid penalties and qualify for incentives, an Energy Management Plan (EMP) and Operations & Maintenance (O&M) program must be fully implemented by July 1, 2026.
Requirements:
- Building must be 15+ EUI above target
- Achieve full CBPS compliance
- Meet Energy Use Intensity target (EUIt)
Additional Seattle Requirements:
- Building owners may also be subject to the Seattle Building Emissions Performance Standard, which carries higher penalties.
- Combined noncompliance with both standards could result in penalties exceeding $20,000 plus $4.50 per square foot. For details and compliance guidance, refer to the Seattle Building Emissions Performance Standard documentation.
Requirements:
Energy benchmarking, Energy Management Plan (EMP), and Operations & Maintenance (O&M) program only. No energy performance target required.
Frequently Asked Questions
Are there additional incentive funds available for Tier 1 and Tier 2 buildings?
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).
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