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What is the Washington Clean Buildings Act?
The Washington Clean Buildings Act is the state law that makes owners of commercial buildings over 20,000 sq ft, and apartment buildings over 20,000 sq ft, measure and manage their buildings' energy use. It was passed in 2019 as House Bill 1257 and widened in 2022 by Senate Bill 5722, and it lives in RCW 19.27A.200 to 19.27A.250. Buildings over 50,000 sq ft are Tier 1 and must meet an energy target. Smaller commercial buildings and apartment buildings are Tier 2 and must file an energy benchmark and two plans by July 1, 2027, and owners who file can get up to $0.30 per sq ft back.
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.
Why did Washington pass the Clean Buildings Act?
To cut energy use and greenhouse gas emissions from buildings. In the 2019 law, the Legislature found that energy efficiency had already lowered customer bills and reduced air pollution and emissions, and that buildings were the place to get more of it (2019 c 285, section 1). The law tells the state Department of Commerce to set an energy performance standard that "maximize[s] reductions of greenhouse gas emissions from the building sector" (RCW 19.27A.210, subsection 1(b)). The rules themselves are Commerce's, in WAC 194-50.
What is the difference between Tier 1 and Tier 2?
Tier 1 is big commercial buildings that must hit an energy target; Tier 2 is mid-size commercial and apartment buildings that must report and plan, but don't have to hit a target yet.
| Tier 1 | Tier 2 | |
|---|---|---|
| Which buildings | Commercial, hotel, motel and dormitory space over 50,000 sq ft, not counting parking (RCW 19.27A.200(25)) | Commercial, hotel, motel, dormitory and apartment space over 20,000 and up to 50,000 sq ft, plus apartment buildings over 20,000 sq ft of any size (RCW 19.27A.200(26)) |
| What owners must do | Meet an energy use intensity target, or follow an approved plan to get there (RCW 19.27A.210) | File a 12-month energy benchmark, an Energy Management Plan and an Operations and Maintenance program (RCW 19.27A.250) |
| Deadline | June 1, 2026 (over 220,000 sq ft), June 1, 2027 (90,001 to 220,000), June 1, 2028 (50,001 to 90,000) (RCW 19.27A.210(8)) | July 1, 2027, then every five years |
| Fine for not filing | Up to $5,000 plus up to $1 per sq ft per year while it continues (RCW 19.27A.210(10)) | Up to $0.30 per sq ft per five-year cycle (WAC 194-50-160, Annex Y, Y5) |
| Early filing incentive | 85 cents per sq ft for meeting the target early (RCW 19.27A.220(8)(a)) | $0.30 per eligible sq ft for filing (RCW 19.27A.220(8)(b)), from a $150 million fund |
Not sure which one your building is? Step by step, with mixed-use examples: Does Tier 2 apply to my building?
What does the Clean Buildings Act require of a Tier 2 owner?
Three things, filed in Commerce's Clean Buildings Portal by July 1, 2027 (RCW 19.27A.250(3) and (4)):
- An energy benchmark: at least 12 consecutive months of whole-building energy use in ENERGY STAR® Portfolio Manager®, with an energy target worked out by a Qualified Energy Manager. Utilities must give owners whole-building data on request (RCW 19.27A.170).
- An Energy Management Plan for tracking and cutting the building's energy use.
- An Operations and Maintenance program, running when you file.
Tier 2 buildings don't have to meet their energy target yet. Commerce must adopt Tier 2 performance standards by December 31, 2030, and they can't take effect before the end of the Legislature's 2031 session (RCW 19.27A.250(5)). The full list, form by form: What Tier 2 owners must file by July 1, 2027
How many buildings are behind?
Most of them. Commerce's June 2026 report to the Legislature showed 131 of 1,380 of the largest Tier 1 buildings, those over 220,000 sq ft, compliant or pre-approved for exemption, with their June 1, 2026 deadline at hand (CBPS Annual Legislative Report, Table 2). For Tier 2, Commerce counted 1,313 of 17,398 buildings compliant on October 15, 2026, about 1 in 13. Why so few owners have filed, and why it's easier than they think: Why do most building owners not file Tier 2?
Does the Clean Buildings Act pay owners to comply?
Yes. Tier 2 owners who file can get $0.30 per eligible square foot from their utility, up to $9,000 on a 30,000 sq ft building (RCW 19.27A.220(8)(b)). The money comes from a $150 million fund that pays in the order applications arrive (RCW 19.27A.230), and over $138 million was left as of September 24, 2026 (Commerce). Owners who don't file can be fined the same $0.30 per sq ft instead. The law in full, with exemptions and extensions: Washington Clean Buildings Tier 2 law, explained
How does Tier Two Partners get a Tier 2 building compliant?
We do the whole filing for you, and your part takes about 10 minutes. You add your building, connect your utility account, answer a few questions and sign once. We pull your energy data, build the benchmark, Energy Management Plan and Operations and Maintenance program, have a Qualified Energy Manager review and sign, and file your compliance and your incentive application together, typically 2 to 4 weeks after your information is in (EST.).
Our price is $0.15 per eligible square foot for one building, down to $0.10 for 20 or more, with the Qualified Energy Manager included: one fee, no separate QEM bill. On a 30,000 sq ft building that's $4,500 all in against up to $9,000 in incentive. Every provider's fee, ours included, is owed whether or not the incentive is paid, because the fee pays for the filing itself.