CBPS Compliance Services Washington | Avoid Penalties
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Incentives & Penalties
Claim the Incentive. Avoid the Penalty.
Incentives & Penalties
Claim the Incentive. Avoid the Penalty.
CBPS Incentives and Penalties
Commerce offers incentives and grants to building owners who are required to comply with the Clean Buildings Performance Standard (CBPS). These funds can help cover some compliance costs, perform energy audits, or pay for the necessary projects and services to meet the CBPS requirements. The initiatives aim to reduce energy consumption, lower operational costs, improve indoor air quality, alleviate community energy burdens, and decrease greenhouse gas emissions in the building sector.
Non-compliance can trigger substantial fines, especially for larger properties, and penalties can accumulate quickly. Owners who delay action risk facing enforcement measures that could severely impact their bottom line. Compliance isn’t optional, it’s a requirement.
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Tier Classification
Not Covered
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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
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.
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