Y1.1 Notification to building owners of covered buildings by the AHJ. Based on records obtained from each county assessor and other available information sources, the AHJ must create a database of covered buildings and building owners required to comply with the standard established in accordance with this section. The database may include buildings and building complexes presumed to meet the definition of covered building and multifamily residential buildings greater than 20,000 square feet in floor area.

Y1.1.1 The database will contain information about buildings that may be subject to compliance and their owners. The database will also contain information to assist tracking and reporting on building owner compliance, and incentive application and distribution. Commerce will create a method for tracking building owner notification responses. Each building or building complex will be assigned a unique building identifier.

Y1.2 By July 1, 2025, the AHJ must provide the owners of covered buildings with notification of compliance requirements.

Y1.3 Failure by the AHJ to provide the notification in Section Y1.2 does not release the building owner of the legal obligation to comply with this law. When a covered building undergoes a change of ownership, it is the buyer's responsibility to contact the AHJ and update the covered building's profile.

Y2.1 Correction of errors.Building owners are responsible for reviewing the property and building information provided by the AHJ through notification including, but not limited to, building or building complex ownership details, gross floor area, and other information as identified by the building owner.

Y2.1.1 Correction of errors documentation.Building owners who are notified in error may submit a correction to the AHJ. The correction will be used to document gross floor area (conditioned and unconditioned) and/or building type.

Y3.1 General compliance. The building owner of a Tier 2 covered building must report compliance with the standard to the AHJ in accordance with the compliance schedule established under Section Y3.2 and every five years thereafter. For each reporting date, the building owner must submit documentation to demonstrate that

1. The weather normalized energy use intensity of the Tier 2 covered building measured in a period not to exceed two years prior to the compliance deadline specified in Normative Annex Y, Section Y3.1 compared to the energy use intensity target; and has developed and is maintaining an energy management plan (EMP) in accordance with Section 5, including an operations and maintenance program (O&M) in accordance with Section 6; or

2. The covered building has received Tier 2 covered building conditional compliance from the AHJ; or

3. The covered building is exempt from the standard by demonstrating that the building meets one of the criteria for an exemption.

Y3.2 Compliance schedule. The building owner of a Tier 2 covered building must report the building owner's compliance with the standard to the AHJ in accordance with the appropriate initial compliance date as follows and every five years thereafter.

1. For a building with more than 20,000 gross square feet but less than 50,001 gross square feet and all multifamily residential buildings more than 20,000 gross square feet: July 1, 2027.

2. Covered buildings complying at a campus-level or connected building level shall use the compliance schedule representing the largest covered building. Where the largest building is more than 50,000 gross square feet but less than 90,001 gross square feet: June 1, 2028. Notify the AHJ to update the covered building profile(s) and your compliance deadline.

Y3.2.1 Early compliance option.Building owners may submit for compliance to the AHJ beginning July 1, 2025. Energy use data for developing the net energy consumption of the covered building shall be measured in a period not to exceed two years prior to the submission of compliance documentation. This section expires June 1, 2027.

Y3.2.2 Application for Tier 2 covered building conditional compliance. Applications for Tier 2 covered building conditional compliance must be submitted to the AHJ prior to the compliance date to receive Tier 2 covered building conditional compliance approval.

1. Tier 2 covered building conditional compliance is valid for the EMP and O&M requirements of the standard.

2. Benchmarking is required and shall be reported in application for Tier 2 covered building conditional compliance. Approved applications will receive a revised compliance date of 180 days. Application for Tier 2 covered building conditional compliance is limited to one application per compliance cycle.

Y3.2.3 Application for exemption.Building owners submitting an application for exemption as specified in Section Y4.1 must submit to the AHJ no sooner than two years prior and no later than 180 days prior to the compliance date to receive exemption approval prior to the compliance date.

Y4 Documentation of compliance with the standard. Documentation of compliance shall be submitted to the AHJ demonstrating the building owner has complied with the standard through submission of documentation in accordance with Section Y4.1, Y4.2 or Y4.3.

Y4.1 Documentation of compliance through exemption.Building owners seeking approval of exemption shall submit to the AHJ Section Y6.7 Form H, "Application for Exemption Certificate," documenting the following:

1. Exemption conditions. The building qualifies for one of the exemptions listed in Y4.1(2), and:

a. Exemption verification. Compliance with the exemption must be verified by the owner based on the building as it is to be occupied and operating on the compliance date.

b. Exemption application time frame. Applications for exemptions may be submitted no sooner than two years prior to the compliance date and submitted to the AHJ no later than 180 days prior to the compliance date.

c. Exemption certificate validity. Exemptions certificates are only valid for the current compliance review cycle.

2. Exemptions.Covered buildings are not eligible for exemption from the standards unless they meet at least one of the following criteria:

a. Certificate of occupancy. The building did not have a certificate of occupancy or temporary certificate of occupancy for a consecutive 12-month period within two years prior to the compliance date.

b. Physical occupancy. The building did not have physical occupancy by owner or tenant for at least 50 percent of the conditioned floor area throughout the consecutive 12-month period prior to the building compliance date.

c. Floor area. The sum of the building's gross floor area minus unconditioned and semi-heated spaces, as defined in the Washington State Energy Code, is less than 20,000 square feet.

d. Manufacturing or industrial. More than 50 percent of the gross floor area of the building is used for manufacturing or other industrial purposes, as defined under the following use designations of the Washington state edition of the International Building Code:

i. Factory group F; or

ii. High hazard group H.

e. Agricultural. The building is an agricultural structure.

f. Demolition. The building is pending demolition.

g. Financial hardship. The building meets at least one of the following conditions of financial hardship:

i. The building had arrears of property taxes or water or wastewater charges that resulted in the building's inclusion, within the prior two years, on a city or county's annual tax lien sale list.

ii. The building has a court-appointed receiver in control of the asset due to financial distress.

iii. The building is owned by a financial institution through default by a borrower.

iv. The building has been acquired by a deed in lieu of foreclosure within the previous 24 months.

v. The building has a senior mortgage subject to a notice of default.

vi. The building owner has an immediate and heavy financial need that cannot be satisfied from other reasonable available resources and that is caused by events that are beyond their control.

3. Notification of exemption approved or denied. After documents have been submitted and reviewed, the AHJ will send notification of approval or denial.

a. If the exemption is approved, the AHJ shall notify the applicant stating the application has been approved and update the AHJ records for the building.

b. If the exemption is denied, the AHJ shall notify the applicant stating the application has been denied and update the AHJ records for the building.

i. Requesting hearing for denied exemption. See Section Y5.7 Administrative hearings.

4. Compliance required when exemption denied. When an application for exemption is denied, the building owner must proceed with the process to demonstrate compliance with one of the compliance options in Washington state reporting requirements for building owners in Sections Y4.2 through Y4.5.

Y4.2 Benchmarking.Building owners must provide the following documentation to verify that the building weather normalized EUI is compared to the building EUIt and that the energy management plan (EMP), including the operations and maintenance program (O&M) is complete and being implemented.

1.Form A;

2.Form B; except buildings unable to meet Section 7.2, Determining Energy Target (EUIt);

3.Form C.

Y4.3 Buildings approved for Tier 2 covered building conditional compliance.Building owners seeking approval of Tier 2 covered building conditional compliance for the energy management plan (EMP), including the operations and maintenance (O&M) program shall submit to the AHJ Tier 2 covered building conditional compliance application along with the following documentation:

1. Form A;

2. Form B;

3. Form C.

Once Tier 2 covered building conditional compliance is approved:

4. Documentation to verify that the EMP and O&M is complete and being implemented must be submitted to the AHJ by the revised compliance date.

Y5.1 Authorization. The AHJ is authorized to impose administrative penalties on building owners for failing to submit documentation demonstrating compliance with the requirements of this standard. Failure to submit documentation demonstrating compliance by the scheduled reporting date will result in penalties by legal notice.

Y5.2.1 Notifying owner of failure to demonstrate compliance. The AHJ may issue a NOVCI when a building owner has failed to submit documentation that demonstrates compliance with this standard by the scheduled reporting date.

Y5.2.2 Issuing NOVCI. A NOVCI may be issued for any of the following reasons:

1. Failure to submit a compliance report in the form and manner prescribed by the AHJ.

2. Failure to submit compliance report by the revised compliance date after receiving Tier 2 covered building conditional compliance approval.

3. Failure to provide accurate reporting consistent with the requirements of the standard.

4. Failure to provide a valid exemption certificate.

Y5.2.3 Identifying failure to demonstrate compliance. The AHJ will identify in the NOVCI the section(s) of law, code, or the standard for which the building owner has failed to demonstrate compliance.

Y5.2.4 Specifying time frame to remedy. The NOVCI will specify the time by which the building owner must cure the violation by submitting documentation that demonstrates compliance with the identified section(s) of law, code, or the standard. The AHJ will give the building owner at least 30 calendar days to submit such documentation.

Y5.3.1 Responding to NOVCI.Building owners must respond to a NOVCI within 30 days by meeting one of the following:

1. Compliance: Submitting a compliance report in the form and manner prescribed by the AHJ.

2. Exemption: Submitting an application for exemption in accordance with Section Y4.1 Documentation of compliance through exemption, if applicable;

3. Tier 2 Covered building conditional compliance: Submitting a Tier 2 covered building conditional compliance application in accordance with Section Y4.3 Buildings approved for Tier 2 covered building conditional compliance;

4. Pay penalties: Submitting their intent to pay the penalties by using the form provided by the AHJ; or

5. Request hearing: Submitting a request for an administrative hearing to challenge or mitigate the penalty in accordance with Section Y5.7 Administrative hearings.

Y5.3.2 Missing NOVCI response deadline. If the building owner does not respond within 30 days in accordance with Section Y5.3.1 Responding to the NOVCI, the building owner waives their right to a hearing, and the director or their designee may issue a final order assessing the penalties described in the NOVCI.

Y5.4.1 Penalties for building owners. Failure to submit documentation demonstrating compliance with the standard by the date specified in a NOVCI will result in the assessment of administrative penalties at an amount not to exceed $0.30 per square foot of gross floor area.

Y5.4.1.1 Penalties for building owners pursuing relief. For building owners subject to a NOVCI who respond within 30 days:

1. With documentation demonstrating compliance or successful challenges. For building owners that submit documentation demonstrating compliance or are successful in their challenges:

a. Fines shall be waived.

b. Building owners may be eligible to apply for early adopter incentive program.

2. Without compliance documentation or unsuccessful challenges. For building owners that have not submitted documentation demonstrating compliance by deadline or Tier 2 covered building conditional compliance deadline, or have an unsuccessful challenge:

a. The Tier 2 building owner will be assessed the maximum penalty of amount equal to $0.30 per square foot of gross floor area.

b. Building owners may not be eligible to apply for early adopter incentive program.

c. The AHJ may by rule increase the penalty rates to adjust for the effects of inflation.

Y5.4.1.2 Building owners that choose to pay the fine rather than pursuing compliance.Building owners may choose to respond to the NOVCI by paying the maximum penalty.

1. The Tier 2 building owner will be assessed the maximum penalty of $0.30 per square foot of gross floor area.

2. Building owners may not be eligible to apply for early adopter incentive program.

3. Penalties are assessed for each compliance period.

Y5.4.2 Interest. Interest will accrue on civil penalties pursuant to RCW 43.17.240 if and when the debt becomes past due.

Y5.5.1 Penalties due. Penalties shall become due and payable on the later of:

1. Thirty days after receipt of the final order imposing the penalty; or

2. The date specified in the final order imposing the penalty.

Y5.5.2 Debt collection. If a penalty has not been paid by the due date, the AHJ may assign the debt to a collection agency as authorized by RCW 19.16.500 or take other action to pursue collection as authorized by law. If referred to a collection agency, the AHJ may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee.

Y5.6 Payment of administrative penalties. Penalties will be payable in U.S. funds to the Washington state department of commerce, as specified by the AHJ.

Y5.7.1 Requesting a hearing. A building owner may request an administrative hearing after receiving a NOVCI or after the denial of their application for an exemption by submitting a request within 30 days of the date of a NOVCI or the denial of a timely application for exemption. All requests must be made in writing and filed at the address specified on the NOVCI. For convenience, the AHJ will attach a form titled "Request for Hearing" to the NOVCI that may be used to request an administrative hearing. Requests for hearing must be accompanied by the following:

1. Washington state building ID;

2. Submitted Annex Y Forms A, B, and C.

Y5.7.2 Hearing process. The AHJ may refer matters to the office of administrative hearings (OAH). Administrative hearings will be conducted in accordance with chapter 34.05 WAC, Administrative Procedure Act, chapter 10-08 WAC, Model rules of procedure, and the procedural rules adopted in this chapter. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this section, the procedural rules adopted in this section take precedence.

Y5.7.3 Initial orders to become final orders. Initial orders issued by the presiding officer will become final without further agency action unless, within 20 days,

1. The director determines that the initial order should be reviewed; or

2. A party to the proceeding files a petition for administrative review of the initial order.

Upon occurrence of either event, notice shall be given to all parties to the proceeding.

Y5.7.4 Judicial review. A final order entered pursuant to this section is subject to judicial review pursuant to RCW 34.05.510 through 34.05.598.

Y5.7.5 Collected penalties. Administrative penalties collected under this section must be deposited into the low-income weatherization and structural rehabilitation assistance account created in RCW 70A.35.030 and reinvested into the clean buildings program, where feasible, to support compliance with the standard.

Y6 Compliance forms. The following sections replace Standard 100, Normative Annex C, "Reporting Forms," and provide additional forms specified by rule. Building owners are required to submit the applicable forms and the required supporting information to demonstrate compliance with the standard. These forms replace all referenced forms in this standard. The AHJ will make these forms available in an electronic format for submission to the AHJ.

1. Building identification:

a. WA state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

2. Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

3. Qualified person (if applicable):

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

4. Qualified energy manager (if not the qualified person):

a. Qualified energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address;

j. Qualified energy manager certification number.

5. Energy manager (if different than the qualified person or qualified energy manager):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

6. Summary data:

a. Energy use intensity target (EUIt) (kBtu/ft2/yr) based on completed Section Y6.2 Form B;

b. Measured site EUI (kBtu/ft2) for the compliance year for this building based on Section Y6.3 Form C;

c. Measured weather normalized site EUI (kBtu/ft2) for the compliance year based on Section Y6.3 Form C;

d. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the compliance year for this building from Section Y6.3 Form C;

e. Buildings unable to comply with Section 5.2, building energy monitoring, and complete Section Y6.3 Form C, shall provide a reason statement.

7. Have the energy management requirements of Section 5 been met? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

8. Have the operation and maintenance requirements of Section 6 been met? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

9. Date the audit and economic evaluation was completed (N/A if none required)

• Upload audit reports as specified by Section Y6.4 Form D.

10. We state that this building complies with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of building owner:

• Date:

b. Signature of qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Conditional or final compliance:

• Date:

Y6.2 Building activity and energy use intensity target (EUIt) (Form B). Complete form provided by the AHJ with the following information:

1. Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k Postal code.

2. List the building location climate zone, 4C or 5B. Determine the climate zone using the ASHRAE climate zone map located in Informative Annex G.

a. Buildings located in Climate Zone 5C shall use Climate Zone 4C.

b. Buildings located in Climate Zone 6B shall use Climate Zone 5B.

3. The gross floor area in square feet shall be reported as defined in Section 3.

4. If entire building is single activity/type not listed in Table 7-1, it should be listed as "building without target" on Section Y6.1 Form A. List "energy target" as "N/A" on Section Y6.2 Form B, and Section Y6.2 Form B is considered complete.

5. Fill in fraction of gross floor area (A)i for each activity. For single-activity buildings this is 1.0.

6. Fill in the operating shifts normalization factor (S)i from Table 7-3 for each activity.

7. Fill in the activity energy target (EUIt1)i from Table 7-2 (or table from AHJ) for each activity.

8. Calculate weighted space EUI target (A × S × EUIt1)i for each activity.

9. Add up fraction of floor area and enter sum in "Total fraction of floor area with target," and add up all weighted space EUI targets and enter sum as the "energy target" on Sections Y6.2 and Y6.1 Forms B and A.

10. If more than 50 percent of gross floor area has no target, it should be listed as "building without target" on Section Y6.1 Form A. List "energy target" as "N/A" on Section Y6.2 Form B. For single-activity buildings this is 1.0.

Y6.3 Energy use intensity calculations (Form C).Energy use intensity calculations shall be reported via the U.S. EPA's ENERGY STAR portfolio manager (www.energystar.gov/benchmark). The energy manager is responsible for creating Energy Star portfolio manager record for each building.

Exception to Y6.3:Buildings unable to comply with Section 5.2, building energy monitoring shall demonstrate compliance at the connected buildings level.

The Energy Star portfolio manager building record shall be identical to the building activity/type, fraction floor area, operating shifts (hours of operation), and gross floor area of the building as reported on Form B. All inputs shall be up to date prior to reporting as required in Section Y4, and annually as required in Section 5.1.2.3.

Prior to submitting reports, run the Energy Star portfolio manager data quality checker and make all corrections required to complete the report.

The energy manager shall use the EPA's Energy Star portfolio manager share properties feature and share the property data with the AHJ by enabling the read-only access and exchange data feature.

For each report submitted under Section Y4, the energy manager shall create and submit a report documenting the required data fields listed (below) and other fields deemed necessary by the AHJ for the reporting period. This shall be submitted using the Washington state report specified in Energy Star portfolio manager.

Report fields shall include the following:

• Portfolio manager property ID;

• Portfolio manager parent property ID;

• Property name;

• Parent property name;

• Address 1;

• Address 2;

• City;

• County;

• State/Province;

• Postal Code;

• Primary property type - Self-selected;

• Primary property type - EPA calculated;

• List of all property use types at property;

• Property GFA - Self-reported (ft2);

• Property GFA - EPA calculated (buildings and parking) (ft2);

• Property GFA - EPA calculated (buildings)(ft2);

• Property GFA - EPA calculated (parking)(ft2);

• Largest property use type;

• Largest property use type - Gross floor area (ft2);

• 2nd Largest property use type;

• 2nd Largest property use - Gross floor area (ft2);

• 3rd Largest property use type;

• 3rd Largest property use type - Gross floor area (ft2);

• Year built;

• Occupancy;

• Property notes;

• Property data administrator;

• Property data administrator - Email;

• Last modified date - Property;

• Last modified date - Electric meters;

• Last modified date - Gas meters;

• Last modified date - Nonelectric nongas energy meters;

• Local standard ID(s) Washington state building standard;

• Data center - Energy estimates applied;

• Electricity use - Grid purchase and generated from on-site renewable systems (kWh);

• Electricity use - Grid purchase (kWh);

• Electricity use - Generated from on-site renewable systems and used on-site (kWh);

• Natural gas use (therms);

• Fuel oil #1 use (kBtu);

• Fuel oil #2 use (kBtu);

• Fuel oil #4 use (kBtu);

• Fuel oil #5 and #6 use (kBtu);

• Diesel #2 use (kBtu);

• Kerosene use (kBtu);

• Propane use (kBtu);

• District steam use (kBtu);

• District hot water use (kBtu);

• District chilled water use (kBtu);

• Coal - Anthracite use (kBtu);

• Coal - Bituminous use (kBtu);

• Coke use (kBtu);

• Wood use (kBtu);

• Other use (kBtu);

• Default values;

• Temporary values;

• Estimated data flag - Electricity (grid purchase);

• Estimated data flag - Natural gas;

• Alert - Data center does not have an IT meter;

• Alert - Gross floor area is 0 ft2;

• Alert - Property has no uses;

• Data quality checker - Date run;

• Data quality checker run - ?;

• Alert - Energy meter has less than 12 full calendar months of data;

• Alert - Energy meter has gaps;

• Alert - Energy meter has overlaps;

• Alert - Energy - No meters selected for metrics;

• Alert - Energy meter has single entry more than 65 days;

• Estimated values - Energy;

• Energy Star score;

• National median site energy use (kBtu);

• Site energy use (kBtu);

• Site EUI (kBtu/ft2);

• Weather normalized site energy use (kBtu);

• Weather normalized site EUI (kBtu/ft2);

• Weather normalized site electricity (kWh);

• Weather normalized site electricity intensity (kWh/ft2);

• Weather normalized site natural gas use (therms);

• Weather normalized site natural gas intensity (therms/ft2) energy current date;

• Electricity use - Generated from on-site renewable systems (kWh);

• Electricity use - Generated from on-site renewable systems and exported (kWh);

• Electricity Use - Grid purchase and generated from on-site renewable systems (kBtu);

• Electricity use - Grid purchase (kBtu);

• Electricity use - Generated from on-site renewable systems and used on site (kBtu);

• Natural gas use (kBtu);

• Percent of total electricity generated from on-site renewable systems;

• Cooling degree days (CDD) (°F);

• Heating degree days (HDD) (°F);

• Weather station name;

• Weather station ID.

Y6.4 Energy Audit Forms (Form D). Not applicable for Tier 2 covered buildings.

Form E. Not adopted.

Y6.5 Annex X, Investment Criteria Tool (Form F). Not applicable for Tier 2 covered buildings.

Y6.6 Documentation of a building of historic significance (Form G). Not applicable for Tier 2 covered buildings.

Y6.7 Application for exemption certificate (Form H). Apply for an exemption certificate by submitting the following documentation in the form specified by the AHJ. The application must include the following:

1. Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

2. Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/Province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

3. Building information:

a. Primary building activity from Table 7-1, or a description of the nonlisted building type;

b. Building gross floor area;

c. Building gross conditioned floor area.

4. Reason for exemption: Based on exemptions listed in Section Y4.1(b). A list all of documents enclosed and any facts in support of this application. Provide at least two of the acceptable documents listed below:

a. Municipal or county records;

b. Documents from a qualified person;

c. Construction permit;

d. Certificate of occupancy or application for certificate of occupancy;

e. Demolition permit;

f. Financial statements such as statement of assets; liabilities, capital, and surplus, statement of revenue and expenses; or statement of cash flow;

g. A letter from the building owner stating facts and explaining financial hardships;

h. Other documentation approved by the AHJ.

5. Signature and statement of building owner stating that the authorized representative of the building affirm and attest to the accuracy, truthfulness, and completeness of the statements of material fact provided in this form.

See Normative Annex Z – Washington State Reporting Requirements for:

• Table 7-1 Building Activity Types/Activities

• Table 7-2a Building Activity Site Energy Targets (EUIt1) (I-P Units)

• Table 7-3 Building Operating Shifts Normalization Factor

• Table 7-4 Building Activity Type Definitions Table