NAVIGATING HB 1390
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HISTORY OF HB 1390 The Clean Buildings Act was passed in 2019 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 Buildings emissions in WA state and are the fastest-growing emission source. To curb GREENHOUSE these emissions, the legislature passed HB 1257 in 2019 to create an energy GAS performance standard for non-residential buildings and approved further EMISSIONS Waste expansions in 2022. HB 1390 was passed in 2023, amending the Clean Buildings Act and continuing the effort in Washington State to decarbonize campus buildings to achieve the state’s climate goals. This bill applies to campus energy Agriculture systems which are defined as a collection of buildings served by a district heating, cooling, water reuse, or power system. HB 1390 offers an alternative compliance Industrial pathway to the state energy performance standard as outlined in HB 1257.
27%
44%
Transportation
3% 7%
19%
Credit: WA State Department of Commerce
WHO DOES THIS APPLY TO? 1. Mandatory for state campus district energy systems. • A state campus district energy system is defined as a collection of 5 or more buildings with more than 100,000 square feet of combined conditioned space owned by the state of Washington or any publicly owned properties that include a public-private partnership. 2.
Optional for campus district energy systems.
• A campus district energy system is defined as a collection of 3 or more buildings with more than 100,000 square feet of combined conditioned space owned by a private entity or a public-private partnership where the public entity owns the building and the private entity owns the energy system. COMPLIANCE TIMELINE REQUIREMENTS TASK
DEADLINE
Begin developing a decarbonization plan which includes identifying EUI targets for the campus
June 30, 2024 to June 30, 2025
Submit final decarbonization plan
June 30, 2025
Submit Energy Management Plan (EMP) and Operations & Maintenance Manual (O&M) in accordance with the reporting schedule: Tier 1: >220,000 sq. ft. Tier 1: >90,000 sq. ft but less than 220,001 sq. ft. Tier 2: >20,000 sq. ft but less than 50,001 sq. ft. & all multifamily residential buildings >20,000 sq. ft. Tier 1: >50,000 sq. ft. but less than 90,001 sq. ft.
June 1, 2026 June 1, 2027 July 1, 2027 June 1, 2028
Submit EMP and O&M for buildings not covered
July 1, 2030
Submit decarbonization plan progress report
Every 5 years after June 30, 2025
Submit decarbonization plan completion report
July 1, 2040
Notify Commerce of Participation
VIOLATION AND 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/s will result in progressive penalties by legal notice. (Rule of Thumb: max fees in a 1-year period include a $5,000 base fee plus $1.00/sf of building space. For example, a 100,000 SF building can expect a max fee of up to $105,000 annually.)