In 2019, Washington State passed legislation creating the Clean Buildings Performance Standard (CBPS), aimed at improving energy efficiency and reducing greenhouse gas emissions in buildings. As compliance deadlines near, it’s important for long-term care providers to understand how these rules apply to their facilities. 

The CBPS applies to all public and privately owned buildings that fall under the definitions of Tier 1 or Tier 2 covered buildings, with exceptions for federal properties and those owned exclusively by federally recognized tribes. The requirements and timelines vary depending on a building’s square footage and classification tier. 

Tier 1 Covered Buildings 

A Tier 1 covered building is defined as a facility where the total floor area of nonresidential, hotel, motel, or dormitory space exceeds 50,000 gross square feet, excluding parking garages. 

Tier 1 buildings must: 

• Benchmark energy use over time
• Develop an energy management plan 
• Implement an operations and maintenance program 
• Comply with one of two paths: 
• Meet the state’s energy use intensity (EUI) target, or 
• Follow the investment criteria pathway, which includes an energy audit and upgrades 

Key Tier 1 Compliance Deadlines: 

• June 1, 2026 – Buildings larger than 220,000 sq. ft. 
• June 1, 2027 – Buildings between 90,000 and 220,000 sq. ft. 
• June 1, 2028 – Buildings between 50,000 and 90,000 sq. ft. 

Tier 2 Covered Buildings 

Tier 2 buildings include: 

• Nonresidential, hotel, motel, or dormitory buildings between 20,000 and 50,000 gross square feet (excluding parking), and 
• Multifamily residential buildings with more than 20,000 gross square feet (excluding parking) 

While Tier 2 buildings are not currently required to meet specific energy performance targets, they must: 

• Benchmark energy use 
• Implement operations and maintenance best practices 
• Create an energy management plan 

Reporting for Tier 2 buildings begins July 1, 2027. 

How This Impacts Long-Term Care 

Currently, the Department of Commerce categorizes: 

• Skilled nursing facilities and assisted living facilities as Tier 1, and 
• Senior living residential communities as Tier 2 

However, there is still uncertainty around how assisted living facilities with independent living on site or CCRCs are classified. LeadingAge Washington is seeking clarification on how these mixed-use campuses are categorized under the law. 

We strongly encourage members to contact your utility provider for technical support and information on available funding. 

The Department of Commerce is currently conducting rulemaking to define the processes for exemptions and alternative compliance metrics, following legislation passed earlier this year. A known exemption exists for historic buildings, and additional exemptions will be available for “extenuating circumstances.” LeadingAge Washington will continue to monitor these developments closely and will provide members with updates and guidance on how to apply for exemptions as more information becomes available. 

Resources from the Department of Commerce 

• Support & Tools for Building Owners: 
  https://www.commerce.wa.gov/cbps/cbps-support/ 
• Frequently Asked Questions (FAQ): 
  CBPS FAQ Document