The Department of Commerce is hosting the final two rulemaking workshops for small business owners to provide their perspectives, expertise, and insights on the final drafts of the Clean Buildings program details.

Workshop #5 – Tier 1 Amendments

Register for Workshop #5 on *New date* Aug. 24, 2023, 10am-Noon.  The draft language for Tier 1 amendments may include new definitions from recently passed legislation, clarifying language, and allowances such as the lighting survey allowances.

Workshop #6 – Tier 2 Comprehensive Draft Review

There will be four opportunities to participate in the Comprehensive Draft Review. This final workshop will include a comprehensive review of all proposed rules and incorporates some of the comments collected throughout the rulemaking process. Click on the links below to register.

Request for Comments: Proposed Tier 2 program requirements

On July 13, the Clean Buildings team hosted a rulemaking workshop for likely Tier 2 buildings that discussed the Annex Y and administration requirements, including exemptions, compliance documents, and penalties.  They are seeking public input and comments on these topics which will be summarized at the Aug. 24, 2023, rulemaking workshop.

School buildings with 20K sq ft or more of covered space are encouraged to submit comments (deadline extended) to be included in the workshop discussion. Please take some time to review the items below before submitting comments:

Points of focus for K12 Schools

As the intent as stated in the rules “In passing SB 5722, it was the intent of the legislature to extend existing building benchmarking, energy management, and operations and maintenance planning requirements of smaller commercial and multifamily residential buildings in order to reduce greenhouse gas emissions in the buildings sector.

Schools are not and should in no way be considered “small commercial buildings”.

RCW 19.27A.250 outlines several details that the customer support program should provide to small business owners:

  • enhanced technical support, such as benchmarking assistance and assistance in developing energy management and operations and maintenance plans, for tier 2 covered buildings whose owners typically do not employ dedicated building managers including, but not limited to, multifamily housing, child care facilities, and houses of worship.
  • prioritize underresourced buildings with a high energy use per square foot, buildings in rural communities, buildings whose tenants are primarily small businesses, and buildings located in high-risk communities according to the department of health’s environmental health disparities map.
In addition, the legislation conveys that “the department may adopt rules related to the imposition of an administrative penalty not to exceed 30 cents per square foot upon a tier 2 covered building owner for failing to submit documentation demonstrating compliance with the requirements of this subsection.