WAC 194-50-040

4.1.1.1 A covered building or complex of covered buildings, except a building demonstrating compliance through exemption, shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.1.2Tier 1 covered buildings. The qualified person determining compliance shall:

1. Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;

2. Establish the energy use intensity target (EUIt) according to Section 7;

3. Meet requirements of one of the following Sections 4.3.2, 4.3.3, 4.3.4, or 4.3.5; and

4. Submit forms as specified in Normative Annex Z to the AHJ.

4.1.1.3Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall:

1. Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;

2. Establish the energy use intensity target (EUIt) according to Section 7; and

3. Submit forms as specified in Normative Annex Y to the AHJ.

4.1.2.1 A multifamily residential building or complex of multifamily residential buildings, except a building demonstrating compliance through exemption, shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.2.2Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall:

1. Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;

2. Establish the energy use intensity target (EUIt) according to Section 7; and

3. Submit forms as specified in Normative Annex Y to the AHJ.

4.1.3 Buildings with residential and nonresidential activities - Not adopted.

4.1.4.1Participating campuses shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.4.2 Participating campuses. The qualified person determining compliance shall:

1. Determine whether or not the campus seeking compliance has an energy use intensity target (EUIt) according to Section 7;

2. Establish the energy use intensity target (EUIt) according to Section 7;

3. Meet requirements of Section 4.3.2 or 4.3.3;

4. Submit forms in accordance with Normative Annex W to the AHJ; and

5. Submit decarbonization plan as specified in Normative Annex W to the AHJ.

4.2.1 Operations and maintenance. The building manager shall comply with the operations and maintenance (O&M) requirements of Section 6.

4.2.1.1 Tier 1 covered buildings. The qualified person determining compliance shall state in writing on Form A that the operating and maintenance requirements of Section 6 have been met.

4.2.1.2 Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall state in writing on Form A that the operating and maintenance requirements of Section 6 have been met.

4.2.1.3 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, shall state in writing on Form J, that the operating and maintenance requirements of Section 6 have been met. When using the graduated group compliance dates, the O&M program shall be implemented by building size cohort in accordance with:

1. Section Z3.2 for Tier 1 covered buildings;

2. Section Y3.2 for Tier 2 covered buildings; and

3. For participating campuses by July 1, 2030, for buildings not covered and connected to the district energy system.

4.2.1.4 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, may submit a single O&M program. The O&M program implemented for participating campuses through a decarbonization plan shall include all campus buildings. The O&M program implemented at a connected building or campus-level shall include all covered buildings.

4.2.2 Energy management plan. The building manager shall comply with the energy management plan (EMP) requirements of Section 5.

4.2.2.1 Tier 1 covered buildings. The qualified person determining compliance shall state in writing on Form A that the EMP described in Section 5 has been developed and is being maintained as of the date on Form A.

4.2.2.2 Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall state in writing on Form A that the EMP described in Section 5 has been developed and is being maintained as of the date on Form A.

4.2.2.3 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, shall state in writing on Form J, that the EMP described in Section 5 has been developed and is being maintained as of the date on Form J.

4.2.2.4 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, may submit a single EMP. The EMP implemented for participating campuses through a decarbonization plan shall include all campus buildings. The EMP implemented at a connected building or campus-level shall include all covered buildings.

4.3.1.1Measured energy use intensity (EUI). The qualified person for Tier 1 covered buildings, or the qualified energy manager for Tier 2 covered buildings, shall calculate the building's measured energy use intensity (EUI) by completing Form C in accordance with Section 5.2. Buildings unable to meet Section 5.2 shall include the verification specified in Section 9.2.2 in the energy management plan.

4.3.1.2Developed energy use intensity target (EUIt). The qualified person for Tier 1 covered buildings, or the qualified energy manager for Tier 2 covered buildings, shall develop the building's energy use intensity target (EUIt) by completing Form B in accordance with Section 7.2. Buildings unable to meet Section 7.2, and develop the EUIt in accordance with Section 7.2.2 or 7.2.3 of this standard shall report Energy Star portfolio manager national median site EUI.

4.3.2Meeting the energy use intensity target (EUIt). If the Tier 1 covered building's measured weather normalized energy use intensity (WNEUI) is less than or equal to its energy use intensity target (EUIt), the building complies.

4.3.2.1Building does not meet the energy use intensity target (EUIt). For Tier 1 covered building'spursuing compliance with Section 4.3.2, if the measured WNEUI is greater than the EUIt, a qualified energy auditor shall complete an energy audit according to Section 8, and EEMs that will reduce energy use to meet the EUIt shall be implemented according to Section 9.

1. More recently built buildings. For buildings that exceed the energy use intensity target (EUIt) developed in accordance with Section 7.2.1.2, "Additional target for more recently built buildings," but do not exceed the EUIt developed in accordance with Section 7.2.1.1, "Energy use intensity target (EUIt)," the owner may demonstrate compliance by recommissioning the building using the existing-building commissioning process. The commissioning process consists of the following:

a. A certified commissioning provider shall implement the building commissioning process specified by the most recent edition of the Washington State Energy Code (WSEC). The WSEC commissioning process shall be modified by the certified commissioning provider for recommissioning purposes as described in ASHRAE Guideline 0.2-2015 Commissioning Process for Existing Systems and Assemblies and ASHRAE Guideline 1.2-2019 Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies. Buildings receiving certificate of occupancy from a local jurisdiction within two years prior to the compliance date may submit the commissioning report approved by the local code official for the purpose of WSEC compliance requirements in lieu of recommissioning.

b. WSEC exceptions based on mechanical system or service water heating capacity shall not be applied when developing the scope for commissioning. For example, the 2018 WSEC, Section C408.1 General, the exceptions do not apply.

c. All deficiencies found during the commissioning process shall be resolved including corrections and retesting prior to submitting documentation for compliance or conditional compliance.

d. Building owners may omit capital expenditures identified by the commissioning process that are not cost-effective, as documented using the procedures in Normative Annex X.

e. Buildings seeking compliance by recommissioning shall submit a recommissioning report as specified by the AHJ. The WSEC commissioning report approved by a local code official within two years prior to the compliance date will suffice for the documentation of recommissioning.

2. Historical buildings. No individual requirement need be met that would compromise the historical integrity of a building or part of a building designated by a government body for long-term preservation in its existing state, such as historical monuments. EEMs that can be implemented without modifying historical parts of the building shall be implemented as required by this standard. Documentation of historic significance must be provided to the AHJ by submitting Form G in accordance with Normative Annex Z.

3. Newly constructed buildings.Buildings built within five years prior to the compliance date, which complete the commissioning requirements of Section 4.3.2.1, Exception 1.

4.3.2.2 Meeting the EUIt through conditional compliance. Upon completion of all required EEMs implementation, completion of the energy management plan (EMP), and implementation of the operations and maintenance (O&M) program, in accordance with Section Z4.4, a building shall be eligible for conditional compliance which provides delayed verification of compliance.

4.3.2.3 Verification of compliance (meeting the EUIt through conditional compliance). Within 15 months after the completion of Section 4.3.2.1, the weather normalized energy use intensity (WNEUI) shall be recalculated by the energy manager (EM) from 12 consecutive months of measured energy use, and Form A shall be resubmitted to the AHJ. If the building's measured post-implementation WNEUI is less than or equal to the energy use intensity target (EUIt), the building complies with the standard. If the building's measured post-implementation WNEUI is greater than the EUIt, the building does not comply with the standard and the conditional compliance is suspended until either of the following:

a. Submit annual report, in accordance with Section Z4.6 documenting the intent to comply and identifying the additional EEMs implemented that will reduce the subsequently measured WNEUI to less than or equal to the EUIt; or

b. The AHJ revokes conditional compliance.

4.3.3Investment criteria. If the Tier 1 covered building's energy savings, as measured after energy efficiency measures (EEM) implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, the building complies.

4.3.3.1 Energy audit to identify optimized bundle of EEMs.Tier 1 covered building's pursuing compliance with Section 4.3.3, a qualified energy auditor shall conduct an energy audit according to Section 8, and the optimized bundle of EEMs shall be identified according to Section 9.1.1.1.

Exception to 4.3.3.1:Buildings built within five years prior to the compliance date, which complete the commissioning requirements of Section 4.3.2.1, Exception 1.

4.3.3.2 Implement EEMs. The entire optimized bundle of EEMs identified, all EEMs identified with a simple payback, or custom bundle of EEMs shall be implemented, and verification of compliance shall be completed. Buildings with no energy efficiency measures (EEMs) identified in the Level 2 energy audit which have a simple payback period less than or equal to the EEM's expected useful life shall document the simple payback calculation in Form D - Audit Template (and in the EMP), provide a reason statement in application submittal.

1. Conditional compliance. If verification of compliance is not achieved in accordance with Section 4.3.3.3 or 4.3.3.4 by the compliance date, upon completion of the EEM implementation in accordance with Section 9.1.1.1, completion of the energy management plan (EMP), and implementation of the operations and maintenance (O&M) program, in accordance with Section Z4.5, a building shall be eligible for conditional compliance delaying verification of compliance in accordance with Section 4.3.3.5.

2. Historical buildings. No individual requirement need be met that would compromise the historical integrity of a building or part of a building designated by a government body for long-term preservation in its existing state, such as historical monuments. Documentation of historic significance must be provided to the AHJ by submitting Form G in accordance with Normative Annex Z.

4.3.3.3 Verification of compliance (investment criteria for buildings with building energy monitoring in compliance with Section 5.2). If the building complies with Section 4.2 prior to the compliance date, after completion of the EEM implementation, building owners or the qualified person representing the building owner shall submit verification that the energy savings, as measured after EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, and submitted to the AHJ in accordance with Section Z4.3. Energy savings shall be compared at the whole-building consumption level in common units for electricity, fossil fuels, and other sources.

4.3.3.4 Verification of compliance (investment criteria for buildings without building energy monitoring in compliance with Section 5.2). Verification of energy savings using the methods of the International Performance Measurement & Verification Protocol, (IPMVP) Concepts and Options for Determining Energy and Water Savings, Volume I, Options A through D. If the measurement and verification protocol identified any outstanding performance issues, they shall be corrected, and the verification protocol shall be repeated to ensure energy savings estimated in the original audit are realized.

4.3.3.5 Verification of compliance (investment criteria through conditional compliance). If the building complies with Section 4.2, then within 15 months following the completion of the EEM implementation, building owners with conditional compliance or the qualified person representing the building owner may submit verification that the energy savings, as measured after EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings aligning with the energy audit report, and submitted to the AHJ in accordance with Section Z4.5. Energy savings shall be compared at the whole-building consumption level in common units for electricity, fossil fuels, and other sources. If the energy savings, as measured after EEM implementation do not meet or exceed 75 percent of the optimized bundle projected energy savings, or align with the energy audit, the conditional compliance is suspended until one of the following:

1. Submit annual report, in accordance with Section Z4.6 documenting the intent to comply and identifying the additional cost-effective EEMs implemented that will reduce the subsequently measured energy savings of the package of EEMs so that it meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit; or

2. Demonstrate compliance by recommissioning the building using the existing building commissioning process. The commissioning process consists of the following:

a. A certified commissioning provider shall implement the building commissioning process specified by the most recent edition of the Washington State Energy Code (WSEC). The WSEC commissioning process shall be modified by the certified commissioning provider for recommissioning purposes as described in ASHRAE Guideline 0.2-2015, Commissioning Process for Existing Systems and Assemblies, and ASHRAE Guideline 1.2-2019, Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies. Buildings receiving certificate of occupancy from a local jurisdiction within two years prior to the compliance date may submit a commissioning report approved by a local code official in lieu of recommissioning.

b. WSEC exceptions based on mechanical system or service water heating capacity shall not be applied when developing the scope for commissioning. For example, for the 2018 WSEC, Section C408.1, "General," the exceptions do not apply.

c. All deficiencies found during the commissioning process shall be resolved, including corrections and retesting prior to submitting documentation for compliance or conditional compliance.

d. Building owners may omit capital expenditures identified by the commissioning process that are not cost-effective, as documented using the procedures in Normative Annex X.

e. Buildings seeking compliance by recommissioning shall submit a recommissioning report as specified by the AHJ. The WSEC commissioning report approved by a local code official within two years prior to the compliance date will suffice for the documentation of recommissioning.

3. Verification of energy savings using the methods of the International Performance Measurement & Verification Protocol, Concepts and Options for Determining Energy and Water Savings Volume I, options A through D. If the measurement and verification protocol identified any outstanding performance issues, they shall be corrected and the verification protocol shall be repeated to ensure energy savings estimated in the original audit are realized; or

4. The AHJ revokes conditional compliance.

4.3.4 Minimum energy use reduction. If a Tier 1 covered building's measured weather normalized energy use intensity (WNEUI) is reduced a minimum of 15 percent from the baseline WNEUI, the building complies:

1. For the first compliance schedule outlined in Section Z3.2, a building's baseline WNEUI shall be measured from 12 consecutive months of data monitored in a period not to exceed five years prior to the building's scheduled compliance date.

2. For subsequent compliance cycles, the measured WNEUI on Form A from the building's most recent approved compliance application, or other documentation as approved by the AHJ, shall serve as the baseline WNEUI.

3. For buildings with a change of building activity type since the previous compliance cycle, baseline WNEUI shall be measured from 12 consecutive months of data monitored in a period within the updated building activity types.

4.3.4.1 A qualified energy auditor shall conduct an energy audit according to Section 8, and EEMs that will reduce energy use to meet the performance target shall be implemented according to Section 9.

4.3.5 Space heating electrification. If a Tier 1 covered building replaces existing fossil fuel consuming space conditioning equipment with electric heat pump equipment, within five years prior to the building's compliance date, the building complies:

1. A qualified person shall demonstrate the space heating electrification performance target has been met in accordance with Form E.

2. Space heating heat pump(s) shall, at minimum, be designed to meet 90 percent of the building's annual space heating demand.

3. Fossil fuel or electric resistance space heating sources may accommodate for emergency and supplemental space heating for a maximum of 10 percent of the building's annual space heating demand.

4.3.5.1Buildings that implement space heating electrification are not required to perform an energy audit.

4.4.1 Administrative requirements.Building owners shall demonstrate compliance with the standard by following the administrative requirements in Normative Annex Z for Tier 1 covered buildings or Normative Annex Y for Tier 2 covered buildings, including:

• Z2/Y2 "Building owner response to notifications."

• Z3/Y3 "Washington state reporting requirements for building owners."

• Z4/Y4 "Documentation of compliance with the standard."

• Z5/Y5 "Violations, assessment of administrative penalties, mitigation and review of penalty decisions."

• Z6/Y6 "Compliance forms."

• Z7/Y7 "Section 7 tables as modified by Washington state."

4.4.2 Alternative energy targets (EUIt) - Not adopted.