Washington Clean Buildings · Tier 2 guide
Got a Clean Buildings letter from Commerce? What to do next
A notice from the Washington State Department of Commerce about the Clean Buildings Performance Standard can look alarming. It usually means one thing: state records list your building as a possible covered building. Here is how to read it and what to do, step by step.
Why you got it
State law tells Commerce to build a list of covered buildings and their owners from county assessor records and to notify owners of their requirements (RCW 19.27A.210; RCW 19.27A.250 for Tier 2). Assessor records can be out of date or wrong, so a notice means your building may be covered, not that it definitely is.
Five next steps
- Don't ignore it, and don't panic. Tier 2 reports are due July 1, 2027. Tier 2 buildings must benchmark and have an Energy Management Plan and an O&M program, but they are not required to meet an energy target at this time (Commerce, Tier 2 compliance).
- Check the facts. Tier 2 generally means nonresidential space over 20,000 and up to 50,000 gross sq ft, or a multifamily building over 20,000 gross sq ft, parking garage excluded. Try our free Tier 2 calculator or read Is my building Tier 2?
- Confirm (or deny) ownership in the Clean Buildings Portal. Commerce's Tier 2 Data Pool tab lets owners confirm buildings they own and deny ones they don't. See our Portal walkthrough.
- Check for an exemption. Exemptions include no certificate of occupancy, low physical occupancy, unconditioned space, financial hardship and more. Applications are due no later than six months before the compliance date (so by about January 1, 2027) (Commerce, Tier 2 compliance).
- Start early. You'll need 12 months of energy data in ENERGY STAR Portfolio Manager and a Qualified Energy Manager (QEM). Follow our Tier 2 checklist.
What if you do nothing?
Commerce can issue progressive penalties by legal notice; for Tier 2, Commerce states penalties cannot exceed $0.30 per sq ft (Commerce, Tier 2 compliance). Details in Tier 2 deadline, penalties and incentive.
The upside: an incentive
Buildings that comply early may qualify for Commerce's Tier 2 Early Adopter Incentive, paid by participating utilities, first-come and not guaranteed. See how much is left.
Who to call
Commerce runs free CBPS office hours on the 4th Tuesday of each month, 10 to 11 a.m. PT, and offers phone and email support (Commerce, Tier 2 compliance). You can also ask us for a free Building Snapshot.
Quick answers
Does a Commerce Clean Buildings letter mean I will be fined?
No. It means state records list your building as possibly covered. Penalties apply only if a covered building does not report compliance by its deadline (July 1, 2027 for Tier 2).
What if the letter is about a building I no longer own?
Use the Deny Ownership option on the Tier 2 Data Pool tab in the Clean Buildings Portal, or open a support ticket with Commerce.
What if my building is under 20,000 square feet?
It is likely not Tier 2. Confirm the gross floor area (excluding parking) and contact Commerce if its records are wrong.
Official sources
Want to know where your building stands?
Send us a building name or address and we'll reply with a free one-page Building Snapshot: our preliminary assessment of likely Tier 2 status from public information (for the owner or QEM to confirm), the deadline, the potential maximum penalty, an incentive estimate and a to‑do list. If you go ahead, we prepare draft documents on Commerce's templates for your QEM to review, revise, approve and submit.