Quick answer · as of
What does a Tier 2 building have to file, and by when?
If your Washington building is a Tier 2 building, you must file three things with the Department of Commerce through its Clean Buildings Portal by July 1, 2027: an energy benchmark from ENERGY STAR® Portfolio Manager®, an Energy Management Plan, and a running Operations and Maintenance program. You don't have to hit an energy target yet, but you do have to calculate one.
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.
Is your building Tier 2?
A Tier 2 building is a Washington building in one of two groups, under Commerce's definition (CBPS 030):
- Commercial buildings (offices, retail, hotels, motels, dormitories and similar) over 20,000 and up to 50,000 square feet.
- Apartment and other multifamily buildings over 20,000 square feet, with no upper limit (who files for apartment buildings).
Parking garage area doesn't count toward the size. Federal buildings and buildings owned by federally recognized tribes don't have to comply. Mixed-use buildings, exactly 20,000 sq ft and other edge cases: Does Tier 2 apply to my building?. The statute and rule behind all this: Washington Clean Buildings Tier 2 law, explained.
What does a Tier 2 owner have to file?
A Tier 2 owner reports these through Commerce's Clean Buildings Portal:
- An energy benchmark. At least 12 months in a row of energy use, from a period no older than two years before the deadline, entered in ENERGY STAR Portfolio Manager (the federal government's free benchmarking tool). Your utility has to give you the data on request; large utilities upload it to Portfolio Manager for you (RCW 19.27A.170).
- An energy use intensity target (EUIt). A number for how much energy a building like yours should use per square foot, worked out by a Qualified Energy Manager from the tables in the state standard. Tier 2 buildings must report it but don't have to meet it yet. Buildings permitted on or after July 1, 2016 use a target 15% lower.
- An Energy Management Plan. A written plan for how the building's energy use will be tracked and improved.
- An Operations and Maintenance (O&M) program. Commerce requires this to be in place and running when you file, not just written down. Most buildings with a regular HVAC service contract already do much of it.
These go into the Portal as Forms A, B and C. There is no PDF to download: the forms are pages inside the Portal application (CBPS 016).
Who has to sign a Tier 2 filing?
Three people sign in the Portal, each from their own login: the building owner (or someone the owner authorizes, such as a property manager), an Energy Manager, and a Qualified Energy Manager (CBPS 017).
What happens if you don't file?
You can be fined up to $0.30 per square foot, the same rate as the incentive. Here's how it works under the state rule (WAC 194-50-160, Annex Y, Section Y5):
- After July 1, 2027, Commerce can send you a notice of violation. You get at least 30 days to respond.
- If you file within that time, the fine is waived and you may still be able to apply for the incentive.
- If you don't file by the date in the notice, or you choose to just pay, the fine is the maximum: $0.30 per square foot of gross floor area. You also may not be able to get the incentive, and the fine can repeat every five-year compliance cycle.
- The fine can't be passed on to tenants who are cooperating with you.
- A two-year extension is possible for set reasons, such as buying the building within 12 months of the deadline or financial hardship. You apply between six months before and six months after July 1, 2027.
- If you think your building is exempt, the exemption application must reach Commerce by January 2, 2027 (180 days before the deadline) to be approved in time.
So on a 35,000 sq ft building, not filing could mean a fine of up to $10,500 on top of missing an incentive of up to $10,500 (EST.). The notice, your options in the 30 days, appeals and extensions are covered in Missed the Tier 2 deadline or got a notice of violation?
Why file early?
Commerce runs an early adopter incentive of up to $0.30 per square foot for Tier 2 buildings that comply. Your utility pays it, from a $150 million state fund that is paid out first come, first served (Tier 2 Incentive Guidebook). Commerce says a payment can be partial or zero if your utility lacks the tax credit to fund it, so no one can promise the money. Applications are accepted through June 1, 2030, but the fund can run out before then. Which square feet count, how to apply and how it's paid: Tier 2 early adopter incentive.
For a 35,000 sq ft building, $0.30 per square foot would be $10,500 (EST., before any utility limits). How long the whole process takes: How long does Tier 2 compliance take?
How can you get it done?
You can do this yourself, hire an energy consultant, or use a filing service. Compare the time and cost of each.
Tier Two Partners prepares all of it from your utility bills and your maintenance company's service report, has a Qualified Energy Manager review and sign, and files it for you. Most owners spend 1 to 3 hours in total (EST.).