CBPS Tier 2 compliance

Before pursuing compliance, check if your building can qualify for an exemption. Exemptions are applied at the individual building level. Exemptions cannot be applied for as a group or portfolio.

Building owners or their authorized representative can apply for exemption up to two years before the scheduled mandatory compliance date. A qualified person or qualified energy manager (as defined in the CBPS) is not needed to apply. You can find the exemption application on the Clean Buildings Portal. See the CBPS Clean Buildings Portal page for more information on how to access the Portal.

Once approved, exemption certificates are valid only for the current compliance cycle. The initial compliance schedule is established under Section Y3.2.1 and repeats every five years thereafter. Applications for exemption shall be submitted to Commerce no later than six months before the mandatory compliance date.

Please review Section Y4.1 of the CBPS for additional exemption details or CBPS 028 – Tier 2 Compliance through exemption (PDF).Tier 2 covered buildings are eligible for exemption from the standards if they meet one or a combination of multiple exemptions (a through d) affecting more than 50% of the building’s square footage, of the following criteria:

1. No certificate of occupancy
2. No physical occupancy
3. Unconditioned and semi-heated space
4. Manufacturing or industrial
   • Factory group F or
   • High hazard group H
5. Agricultural
6. Demolition
7. Financial hardship
8. National security

For a list of acceptable supporting documentation for the exemption application, refer to:

• Clean Buildings Performance Standard, Normative Annex Y6.7(4)
• Specific exemption guidance documents (CBPS 021A-021G) in the  CBPS Document Library, OR

This is a process-oriented standard designed to help manage compliance costs effectively, particularly with long lead times. To minimize expenses, it is best to begin the compliance process as early as possible. Review example timelines for Tier 2 buildings (PDF). Please note that timelines may vary.

Don’t forget to check your eligibility and apply for the Tier 2 Early Adopter Incentive Program!

• Read: Download a copy of the Clean Buildings Performance Standard (CBPS). Ensure that you have the 2026 version of the CBPS. Follow the link below to gain access to a copy of the integrated standard at no cost.
  • Clean Buildings Performance Standard – Integrated Document (form)
• Watch: There are training videos and recorded presentations on the Clean Buildings Performance Standard found in our CBPS Rulemaking, Trainings and Workgroup page. If you’re unfamiliar with the CBPS, start with Clean Buildings 101 (You Tube).
• Learn:
  • Sign up for the Environmental Protection Agency (EPA) training series on using Energy Star Portfolio Manager for benchmarking.
  • Explore the support, resources and guidance to assist with compliance in CBPS Support page and CBPS Document Library page.
  • Stay up to date by subscribing to the Clean Buildings Bulletin for updates.

• Meeting the compliance standard can get complex. Plan ahead and know the supporting roles needed for compliance. Tier 2 compliance requires a qualified energy manager. See defined building compliance roles and responsibilities in CBPS 017 – Roles and Responsibilities (PDF).
• Commerce offers free qualified energy manager training on-demand, in-person, or live virtual sessions. Visit the Qualified Energy Manager Training page through Smart Buildings Center for registration and a directory of qualified energy managers in your area.
• Check out the BEACON Fellows page. An energy fellow may be able to provide you assistance with compliance.

The Clean Buildings Portal serves as the central platform for submitting compliance, extension, and exemption applications, as well as applications for the Early Adopter Incentive Program. Building owners and authorized representatives can create a profile in the state’s Clean Buildings Portal. For additional information, visit Clean Buildings Portal page or review the CBPS 025 – Initial Access to the Clean Buildings Portal (PDF).

Tier 2 Data Pool Instructions – Confirm Ownership:  

On the Tier 2 Data Pool tab building owners can confirm or deny ownership of buildings. For first-time users, you will land on the Tier 2 Data Pool tab and associated Tier 2 covered buildings will display. For those that already have Portal Access, navigate to the Tier 2 Data Pool tab in the navy menu bar. 

Confirm Ownership: Click the individual checkbox(es) to select building(s) or click the checkbox in the blue header to select all. Once you have selected and highlighted your building(s), click the Confirm Ownership button. 

• The Confirm Ownership Validation box pops-up. Confirm owner in Owner to Assign box, to select an alternative eligible owner, click the drop-down menu.  
• If you do NOT find the Organization needed to confirm ownership, click the Cancel button to close the pop-up and on the Tier 2 Data Pool page click the Need Help? button to take you to a Customer Support Ticket.  
• Once ownership is confirmed, buildings will be listed on the Buildings tab. Navigate to the Buildings tab, if you are the owner, you should now see the buildings on Buildings list. If you are not the owner, you may need to get Shared Access for specific buildings to appear on your Buildings list. 

Deny Ownership: If buildings are listed that you no longer own or never owned, you can deny ownership to release buildings back into the Data Pool. 

• On the Tier 2 Data Pool tab: Click the individual checkbox(es) to select building(s) or click the checkbox in the blue header to select all. Once you have selected and highlighted the building(s), click the Deny Ownership button. You may only deny ownership for buildings in your organization. 

Don’t see your building in the Data Pool?  

• Navigate to the Buildings tab, to see if the building is present there 
• If ownership is not already confirmed, you can do so on the Buildings tab, Building Details page by clicking on the WA Building ID.  
• If building is NOT listed on the Buildings tab, return to the Tier 2 Data Pool tab  
• Use the Search feature to find buildings. You can search by Owner, Address, or keyword. 

Need Help? Didn’t locate your building? Click the Need Help? button on the Tier 2 Data Pool tab to take you to a Customer Support Ticket.

The CBPS requires owners of Tier 2 covered buildings to benchmark their building’s net energy use using the U.S. EPA’s ENERGY STAR® Portfolio Manager® (ESPM). ESPM is the industry standard for tracking building benchmarking data and is offered at no cost to consumers.

Energy benchmarking for the CBPS is the process of tracking and analyzing a building’s energy use and comparing it to its past performance, other similar buildings and to the appropriate energy use intensity target (EUIt) as documented in Table 7-2a of the CBPS. See CBPS 018 – Building Activity Types, Definitions, Targets, and Shift Normalization (PDF) for compiled information from Tables 7-1 through 7-4. Benchmarking is an essential process for determining the energy use intensity of the Tier 2 covered building.

To get started, review CBPS 027- Benchmarking for the Clean Buildings Performance Standard (PDF). This guide gives building owners a step-by-step process for energy benchmarking. If you cannot measure your energy use intensity (EUI) or benchmark your building, go to Step 7 to determine your compliance pathway.

Contact your utility provider(s) to integrate your building into ESPM. Understand your utility providers’ role in compliance. Utilities are required to provide energy consumption data to building owners upon request, with or without tenants. Large utilities (greater than 25,000 customers) are required to provide this data using ESPM’s automated upload protocol. Smaller utilities are required to provide the data to building owners in an Excel document, meeting Energy Star Portfolio Manager specifications (see RCW 19.27a.170).

Develop the energy use intensity target (EUIt) for the building by completing Form B in accordance with Section 7.2 of the standard or use the CBPS 019 EUIt pre-calculator (Excel). Buildings unable to develop the EUIt in accordance with this section shall report Energy Star Portfolio Manager’s national median site energy use intensity (EUI).

The EUIt shall be developed by the qualified energy manager (QEM). A QEM shall calculate the gross floor area, select the applicable activity type, determine the building’s operating shift normalization factor, and enter the data in Form B located in the Clean Buildings Portal.

Energy use intensity targets are based on building activity types listed in Table 7-1. Listed building activity types have assigned EUIt available in Table 7-2a. Shift normalization factors are listed in Table 7-3. Definitions of building activity types are listed in Table 7-4. Each of these tables are located in Normative Annex Z of the standard. See CBPS 018 – Building Activity Types, Definitions, Targets, and Shift Normalization (PDF) for a compilation of the building activity types, energy use intensity targets, shift normalization factors, and building definitions. See CBPS 029 – Tier 2 How to Determine the EUIt (PDF) for additional guidance.

Develop and implement the Energy Management Plan (EMP) and associated Operations and Maintenance (O&M) Program for each building as outlined in Sections 5 and 6 of the Clean Building Performance Standard. This step can happen concurrently with benchmarking. Review CBPS 037- Energy Management Plan and Operations and Maintenance Guidance (PDF) to help you get started.

There are mandatory reporting tools: Energy Management Plan Reporting Tool (PDF)and the Operations and Maintenance Reporting Tool (PDF)which outline the requirements in the standard and function as a checklist to assist in compliance. These completed forms must be attached to the successful compliance applications.

The EMP and O&M program are mandatory requirements for all covered buildings. Implementation of these requirements can begin at any time prior to applying for compliance.  

The EMP template and the O&M Program Development Tool (below) are available and can be used to help you get started. The use of the template and tool are not required. You’re welcome to use other templates or an existing document (EMP and O&M program), if they meet the requirements of the CBPS.

• Energy Management Plan Template (Word)

The EMP template acts as a framework for building energy management planning in relation to the requirements of the CBPS. This optional resource can be used by building owners, authorized representatives, energy managers, qualified persons, or qualified energy managers to guide the creation of the energy management plan for Tier 1 or Tier 2 covered buildings. An EMP outlines an organization’s goals for their building’s energy performance, tracks actual energy use of the building, reports historical energy use intensity (EUI) metrics compared to the building’s energy use intensity target (EUIt), and incorporates O&M protocols to ensure the building is operating as efficiently as possible.

• O&M Program Development Tool (Excel)

The O&M Program Development Tool was developed to assist building owners with documenting and tracking a building’s equipment and system inventory and maintenance tasks associated with their equipment. This Excel-based tool allows building personnel to track common equipment types and tasks as well as create their own customizable equipment and preventative maintenance requirements. Watch the simple or detailed tutorial on how to navigate the tool:

• O&M Program Development Tool Detailed Tutorial
• O&M Program Development Tool Simple Tutorial

Commerce accepts compliance applications through the Clean Buildings Portal. The building owner of a Tier 2 covered building must report compliance with the standard to Commerce by July 1, 2027, and every five years thereafter. Commerce is accepting early compliance.

Review the Clean Buildings Portal User Guide for a step-by-step guide on how to submit a compliance application.

• Compliance forms description, instructions and location (PDF)

• Clean Buildings Portal User Guide (PDF)

Building owners may request a two-year extension on compliance dates by submitting an application to Commerce through the Clean Buildings Portal between six months before and six months after the required compliance date. Extensions can last two years. Review Exceptions to Y3.2: Extension section of the CBPS for additional details or CBPS 044- Extension Guidance Document (PDF).

When submitting your extension application, it must include documentation supporting the reason for the extension, the extension reporting tool (PDF), and demonstrate that at least one of the following criteria applies:

• Circumstances beyond your control, the effects of which could not have been avoided by exercising reasonable diligence, which substantially interfere with compliance efforts or schedule
• Recent change of ownership
• Financial restrictions
• New construction, additions, or major remodels
• Benchmarking is complete, but additional time is needed to complete the EMP and O&M

Commerce is authorized to impose administrative penalties upon building owners who fail to submit documentation demonstrating compliance. Failure to submit appropriate documentation by the scheduled reporting date will result in progressive penalties by legal notice.

• See Annex Y5 to learn more about violations, assessment of administrative penalties, mitigation and review of penalty decisions.
• Assessment of penalties for non-compliance cannot exceed $0.30 per square foot.

A dedicated space outside of our scheduled trainings and workshops to connect with our Clean Buildings staff, ask questions, talk through scenarios and more. “Office Hours” are held on the 4th Tuesday of every month from 10:00 a.m. to 11:00 a.m. PT.

• Register to attend a CBPS Office Hour Session (on Zoom)