B1 Compliance pathways. Compliance pathways represent different ways that can be used to demonstrate that covered buildings (a building, complex of buildings, or grouped buildings) comply with the Clean Buildings Performance Standard (CBPS, standard). Additionally, for each building the building owner or its authorized representative shall complete an energy management plan (EMP), implement an operations and maintenance (O&M) program, perform energy monitoring (benchmark), and determine an energy use intensity target (EUIt), if possible, or report the national median site EUI as calculated by the Energy Star portfolio manager account.
EXCEPTION: | If a covered building is unable to comply with one of the following compliance pathways by the compliance date, for a Tier 1 covered building see Exceptions to Z3.2 Extension or for a Tier 2 covered building see Exceptions to Y3.2 Extension. |
B1.1 General requirements.
B1.1.1 Section 4.2 Energy management plan and operations and maintenance program;
B1.1.2 Section 4.3.1 Measured EUI and developed EUIt:
B1.1.2.1 Section 5.2 Building energy monitoring;
B1.1.2.2 Section 7.2.1 Determining energy use intensity target (EUIt).
B2 Compliance pathways for Tier 1 covered buildings. For each Tier 1 covered building (a building, complex of buildings, or grouped buildings), the building owner must choose a compliance pathway to demonstrate compliance with the Clean Buildings Performance Standard. Each building shall comply with Section B1.1 General requirements and shall demonstrate compliance with the performance target using one of the following compliance pathways:
B2.1 Compliance through exemptions.Tier 1 covered buildings pursuing compliance through exemption shall demonstrate eligibility qualifications for the exemption and must comply with Section Z4.1 Documentation of compliance through exemption by compliance deadline. Tier 1 covered buildings complying through exemption are not required to comply with the sections outlined in Section B1.1 General requirements.
Exception to B2.1:Tier 1 covered buildings complying with Section Z4.1 (2)(i) Compliance light exemption must still comply with Section B1.1 General requirements.
B2.2 Meeting the EUIt compliance pathway.Buildings pursuant to meeting the EUIt compliance pathway shall demonstrate the building's measured weather normalized energy use intensity (WNEUI) is less than or equal to the building's energy use intensity target (EUIt) and must comply with the following requirements of the standard:
B2.2.1 Section B1.1 General requirements;
B2.2.2 Section 4.3.2 Meeting the energy use intensity target (EUIt);
B2.2.3 Section 8.2.1 Meeting the EUIt or Section 8.2.2 Building does not meet the EUIt - Energy audit overall process;
B2.2.4 Section 9.1.1 Requirements and Section 9.2.1 Verification of implemented EEMs - Meeting the EUIt;
B2.2.5 Section Z4.2 Documentation of compliance for meeting the EUIt.
B2.3 Investment criteria compliance pathway.
B2.3.1 Investment criteria - Optimized bundle.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway through the optimized bundle shall implement an optimized bundle of energy efficiency measures (EEMs), verify the energy savings, as measured after the optimized bundle EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, and shall comply with the following requirements of the standard:
B2.3.1.1 Section B1.1 General requirements;
B2.3.1.2 Section 4.3.3 Investment criteria;
B2.3.1.3 Section 8.2.3 Investment criteria - Energy audit overall process;
B2.3.1.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;
B2.3.1.5 Section X2.1 Optimized bundle;
B2.3.1.6 Section Z4.3 Documentation of compliance for investment criteria.
B2.3.2 Investment criteria - Install all identified EEMs with simple payback.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway by installing all identified EEMs shall implement all 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, verify the energy savings, as measured after all identified EEM implementation, meets or exceeds 75 percent of the energy savings projected in the energy audit and shall comply with the following requirements of the standard:
B2.3.2.1 Section B1.1 General requirements;
B2.3.2.2 Section 4.3.3 Investment criteria;
B2.3.2.3 Section 8.2.3 Investment criteria - Energy audit overall process;
B2.3.2.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;
B2.3.2.5 Exceptions to Section X2.1(1) Implement all EEMs;
B2.3.2.6 Section Z4.3 Documentation of compliance for investment criteria.
B2.3.3 Investment criteria - No identified EEMs with simple payback.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway 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, and shall comply with the following requirements of the standard:
B2.3.3.1 Section B1.1 General requirements;
B2.3.3.2 Section 4.3.3 Investment criteria;
B2.3.3.3 Section 8.2.3 Investment criteria - Energy audit overall process;
B2.3.3.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;
B2.3.3.5 Section X2.3.1 Level 2 audit; and Exceptions to Section X2.1(2), "No identified EEMs with simple payback";
B2.3.3.6 Section Z4.3 Documentation of compliance for investment criteria.
B2.3.4 Investment criteria - Custom bundle.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway through the custom bundle shall identify the optimized bundle of energy efficiency measures (EEMs), verify the energy savings, as measured after the custom bundle EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report and demonstrating that the custom bundle equivalent achieves the same or more energy savings, and shall comply with the following requirements of the standard:
B2.3.4.1 Section B1.1 General requirements;
B2.3.4.2 Section 4.3.3 Investment criteria;
B2.3.4.3 Section 8.2.3 Investment criteria - Energy audit overall process;
B2.3.4.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;
B2.3.4.5 Exceptions to Section X2.1(3) Custom bundle;
B2.3.4.6 Section Z4.3 Documentation of compliance for investment criteria.
B2.4 Conditional compliance - Temporary compliance method.Buildings pursuing the conditional compliance temporary compliance method shall implement all energy use reduction strategies and install all EEMs required by the standard prior to the compliance date. Buildings approved for conditional compliance are allowed additional time to demonstrate reduction in energy use through energy monitoring and compliance with the performance target. Conditional compliance applies to the following compliance pathways:
B2.4.1 Section B2.2 Meeting the EUIt compliance pathway;
B2.4.2 Section B2.3.1 Investment criteria - Optimized bundle;
B2.4.3 Section B2.3.2 Investment criteria - Install all identified EEMs with simple payback;
B2.4.4 Section B2.3.4 Investment criteria - Custom bundle;
B2.4.5 Section B2.5 Phased implementation for investment criteria through conditional compliance. Phased implementation applies to Section B2.3.1, B2.3.2, and B2.3.4.
B2.5 Phased implementation for investment criteria through conditional compliance.Buildings pursuing the phased implementation for investment criteria compliance pathway through conditional compliance are not required to replace a system or equipment before the end of the system or equipment's remaining useful life and shall comply with the investment criteria requirements of the standard, listed in Section B2.3 Investment criteria compliance pathway.
B2.5.1 Section B1.1 General requirements;
B2.5.2 Section 4.3.3 Investment criteria;
B2.5.3 Section 8.2.3 Investment criteria - Energy audit overall process;
B2.5.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;
B2.5.5 Normative Annex X Investment criteria;
B2.5.6 Section Z4.5 Documentation of compliance for investment criteria through conditional compliance;
B2.5.7 Section Z4.5.1 Phased implementation for investment criteria through conditional compliance.
B2.6 Minimum energy use reduction.Buildings pursuing the minimum energy use reduction compliance pathway shall demonstrate the measured weather normalized energy use intensity (WNEUI) is reduced a minimum of 15 percent from the baseline WNEUI measured from 12 consecutive months of data monitored in a period not to exceed five years prior to the building compliance date, and shall comply with the following requirements of the standard:
B2.6.1 Section B1.1 General requirements;
B2.6.2 Section 4.3.4 Minimum energy use reduction;
B2.6.3 Section 8.2.4 Minimum energy use reduction - Energy audit overall process;
B2.6.4 Section 9.1.1 Requirements; and Section 9.2.3 Verification of implemented EEMs - Minimum energy use reduction;
B2.6.6 Section Z4.7 Documentation of compliance for minimum energy use reduction.
Note: | Section 4.3.4 Minimum energy use reduction expires after the 2046 - 2048 compliance cycles. |
B2.7 Space heating electrification.Buildings pursuing the space heating electrification compliance pathway shall replace existing fossil fuel consuming space conditioning equipment with electric heat pump equipment, within five years prior to the building's compliance date. Space heating heat pump(s) shall, at minimum, be designed to meet 90 percent of the building's annual heating demand as required by the Washington state building codes. Buildings must comply with the following requirements of the standard:
B2.7.1 Section B1.1 General requirements;
B2.7.2 Section 4.3.5 Space heating electrification;
B2.7.3 Section 8.2.5 Space heating electrification - Energy audit overall process;
B2.7.4 Section 9.1.1 Requirements; and Section 9.2.4 Verification of implemented EEMs - Space heating electrification;
B2.7.5 Section Z4.8 Documentation of compliance for space heating electrification.
Note: | Section 4.3.5 Space heating electrification is valid for only one compliance cycle. |
B3 Compliance pathways for Tier 2 covered buildings.
For each Tier 2 covered building (a building, complex of buildings, or grouped buildings), the building owner must choose a compliance pathway to demonstrate compliance with the Clean Buildings Performance Standard. Each building shall comply with Section B1.1 General requirements and shall demonstrate compliance using one of the following compliance pathways:
B3.1 Compliance through exemptions.Tier 2 covered buildings pursuing compliance through exemption shall demonstrate eligibility qualifications for the exemption and comply with Section Y4.1 Documentation of compliance through exemption of the standard. Tier 2 covered buildings complying through exemption are not required to comply with the sections outlined in Section B1.1 General requirements.
B3.2 Tier 2 covered buildings compliance pathway.Tier 2 covered buildings shall measure and report the building weather normalized energy use intensity (WNEUI) and compare it to the building energy use intensity target (EUIt) and comply with the following requirements of the standard:
B3.2.1 Section B1.1 General requirements;
B3.2.2 Section Y4.2 Documentation of compliance for Tier 2 covered buildings.
[Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-180, filed 7/21/26, effective 8/21/26.]