Quick answer · as of
Does Tier 2 apply to my building?
Tier 2 applies if your Washington building has more than 20,000 and no more than 50,000 gross sq ft of commercial, hotel, motel, dormitory or apartment space, not counting the parking garage, or if it is an apartment building over 20,000 sq ft of any size (RCW 19.27A.200, subsection 26). A Tier 2 building must file an energy benchmark, an Energy Management Plan and an Operations and Maintenance program with the state Department of Commerce by July 1, 2027. Federal buildings and buildings owned by federally recognized tribes don't have to comply (Commerce).
Washington Clean Buildings Tier 2, explained in 60 seconds · 1:05 · Transcript
Did you get a letter from the state about Clean Buildings? Most owners did, in July 2025.
It means your building falls under Washington's Clean Buildings law. That's called Tier 2.
It covers commercial buildings over 20,000 and up to 50,000 square feet, and apartment buildings over 20,000.
By July 1, 2027, you have to file an energy benchmark and two plans with the state Department of Commerce.
Miss it, and the fine can reach 30 cents per square foot.
File early, and the state pays you that same 30 cents. That's up to 9,000 dollars on a 30,000 square foot building.
As of November 2026, only about one in thirteen buildings has filed.
Tier Two Partners files it all for you, usually in two to four weeks.
Check yours today. Get a free quote, or book a call with us to learn more, at tiertwopartners.com.
How do I tell if my building is Tier 2, step by step?
- Find the gross floor area. Gross floor area is measured to the outside of the walls and includes lobbies, restrooms, storage, mechanical rooms, break rooms and elevator shafts. It leaves out outside bays and loading docks (RCW 19.27A.200(17)). Your county assessor record or building plans are the usual starting points.
- Subtract the parking garage. Parking garage area never counts toward the Tier 2 size.
- Add up the uses that count: apartment (multifamily), commercial (nonresidential), hotel, motel and dormitory space.
- Compare the total to the thresholds in the table below.
- Confirm against Commerce's list in the Clean Buildings Portal (see below). Commerce built its list from county assessor records, so it can be wrong in either direction.
Which buildings are Tier 2, Tier 1 or not covered?
| Building (floor area not counting parking) | Status |
|---|---|
| Office, retail, school, church or medical office of 20,000 sq ft or less | Not covered |
| Office, retail, hotel or similar of more than 20,000 up to 50,000 sq ft | Tier 2, due July 1, 2027 |
| Commercial building of exactly 50,000 sq ft | Tier 2 (the law says "does not exceed 50,000") |
| Commercial, hotel, motel and dormitory space over 50,000 sq ft | Tier 1 (RCW 19.27A.200(25)), a different set of rules |
| Apartment building over 20,000 sq ft, any size | Tier 2 |
| Apartment building of 20,000 sq ft or less | Not covered |
The word "exceeds" matters: a building of exactly 20,000 sq ft is not Tier 2. Commerce's own schedule puts it the same way: more than 20,000 and less than 50,001 sq ft, plus all multifamily buildings over 20,000 sq ft (Commerce).
What counts as an apartment building for Tier 2?
A multifamily residential building under the Clean Buildings law has sleeping units or more than five dwelling units, lived in mainly by permanent residents (RCW 19.27A.200(19)). Apartment buildings are the one group with no upper limit: a 120,000 sq ft apartment tower is Tier 2, not Tier 1. Who files and who signs: Who files Tier 2 for apartment buildings?
How does Tier 2 treat mixed-use buildings?
Add the apartment, commercial, hotel, motel and dormitory areas together, then leave out parking. If that sum is over 20,000 sq ft, the building is Tier 2 (RCW 19.27A.200(26)). Two examples:
- 12,000 sq ft of ground-floor retail plus 15,000 sq ft of apartments adds up to 27,000 sq ft, so the building is Tier 2, even though neither part is over 20,000 alone.
- 18,000 sq ft of offices over a 10,000 sq ft parking garage counts as 18,000 sq ft, so it is not covered.
If the commercial, hotel, motel and dormitory space alone is over 50,000 sq ft, the building is Tier 1, because Tier 1 counts those uses and not apartments (RCW 19.27A.200(25)).
Does unheated space or a warehouse still count?
Yes for the size test, but it may qualify the building for an exemption. Gross floor area counts unheated space, so a 30,000 sq ft warehouse is on the list. Under Annex Y, section Y4.1 of WAC 194-50-160, a Tier 2 building can be exempted if its floor area, minus unconditioned and semi-heated space, is under 20,000 sq ft. Other exemptions cover buildings more than half used for manufacturing or industry, low occupancy, agricultural structures, buildings pending demolition and financial hardship. An exemption isn't automatic: the owner applies on Commerce's Form H no later than 180 days before the deadline, about January 2, 2027. Details: Washington Clean Buildings Tier 2 law, explained
How do I check Commerce's list for my building?
Commerce mailed Tier 2 notification letters on July 1, 2025, each with a one-time code for the Clean Buildings Portal (Portal user guide, August 2026).
- Sign in to the Clean Buildings Portal with a Secure Access Washington (SAW) account.
- Open the Tier 2 Data Pool tab and search by owner, address or keyword. Try other spellings (Street or St, North or N) if nothing comes up.
- Click Confirm Ownership on your building. If a listed building isn't yours, click Deny Ownership.
- If the size or use is wrong, update the gross floor area on the Building Details page, or send Commerce a correction. Annex Y, section Y2.1 lets an owner notified in error document the right floor area or building type.
- If you can't find your building, or you own a covered building and never got a letter, click Need Help? to open a Commerce customer support ticket.
The rules follow the building's size and use, so a missing letter doesn't take a covered building off the hook.
What about condos and buildings on one property?
- Condos: for a condo building, the "building owner" is the owners' association (CBPS 017). Tier Two Partners has condo buildings on hold while Commerce confirms how privately owned units are treated; you can join the waitlist from the building check.
- Several buildings on one site: each building is measured on its own. Buildings can be grouped to comply together only if they share energy meters on contiguous property, share a campus district energy system, or form a K-12, college, prison or hospital campus (Portal user guide). Exemptions apply building by building, never to a group (Annex Y, Y4.1).
My building is Tier 2. What now?
File by July 1, 2027, and claim the incentive while money is left. Filing can earn up to $0.30 per eligible sq ft from your utility, and not filing can cost a fine of up to $0.30 per sq ft. On a 30,000 sq ft building, that is up to $9,000 either way. What to file: What Tier 2 owners must file by July 1, 2027
Tier Two Partners files the whole thing for you: utility data, benchmark, Energy Management Plan, Operations and Maintenance program, a Qualified Energy Manager's review and signature, and the incentive application. Our fee is $0.15 per eligible sq ft for one building, down to $0.10 at 20 or more, with the Qualified Energy Manager included: no separate QEM fee. Every provider's fee, ours included, is owed whether or not the utility pays the incentive, because the fee pays for the filing itself. Not sure of your size? Enter what you know in our building check and we'll confirm it.