NAVIGATING HB 1257
HISTORY OF HB 1257
The Clean Buildings Act was passed in 2019 and amended in 2022 with the expansion bill to address greenhouse gas emissions related to the built environment. According to the WA State Department of Commerce, buildings account for 27% of all greenhouse gas emissions in WA state and are the fastest growing emission source. Phased compliance is set to begin in 2026.
REQUIREMENTS OF HB 1257*
1. Benchmark building energy use intensity (EUI) for each building in portfolio to determine compliance path (Most facilities/ buildings will pursue EUI path)
a.) EUI is a ratio of a building net energy use over the gross floor area.
a.) is ratio of building net energy use over the floor area.
b.) Submit 12 months of consecutive data to establish benchmark.
c.) Tier 1 buildings are to meet an average energy use intensity target.
c.) Tier 1 buildings are to meet an average energy use intensity target.
2. Create an Operations and Maintenance (O&M) Manual for each building in portfolio (Due 12 months prior to compliance deadline)
3. Create an Energy Management Plan (EMP) for each building in portfolio (Due at compliance deadline)
*Alternate compliance pathways exist, but what is listed here are the general compliance pathways that will apply to most projects.
TIER 1
Non-residential buildings greater than 220,000 SF
Non-residential buildings greater than 90,000 SF but less than 220,000 SF
Non-residential buildings greater than 50,000 SF but less than 90,000 SF
TIER 2
Buildings greater than 20,000 SF but less than 50,000 SF and all multifamily residential
*On average, OAC has found that it takes 3-6 months to gather the required utility documentation to begin the benchmarking process and to assemble a functional O&M Program. During documentation prep, teams should set up Energy Star Portfolio Manager, work with utility companies to upload energy data, and gather information for the O&M Program. buildings >20,000 SF
VIOLATION & ENFORCEMENT
WA State Department of Commerce is authorized to impose administration 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. (Rule of Thumb: max fees in a 5-year period include a $5,000 base fee plus $1.50/sf of building space. For example, a 100,000 SF building can expect max fees in a 5-year period up to $155,000.)