HB1257, CBPS, Clean Buildings Act, Expansion Law - What’s the Difference?
Many similar, related, and overlapping terms have been created by the Clean Buildings Performance Standard lawmaking and rulemaking processes. HB1257, Clean Buildings Act, Clean Buildings Performance Standard - What’s the difference between them?
Here’s the short version: HB1257 is the House bill that was signed in 2019, then becoming the Clean Buildings Act. The Clean Buildings Act grants power to the Department of Commerce to develop the Clean Buildings Performance Standard (CBPS). In March 2022, SB5722, an addition and amendment to the Clean Buildings Act, was signed and is known as the Clean Buildings Expansion Law. Buildings covered by the 2022 Expansion Law are known as Tier 2 buildings, while the buildings covered by the 2019 Clean Buildings Act are Tier 1 buildings. Both sets of buildings will be covered by the Clean Buildings Performance Standard once the Department of Commerce completes Tier 2 rulemaking in December.
Want the long version? Here's the rundown of what, exactly, each of these terms refers to:
HB1257 refers to a Washington State House Bill introduced in the State legislature in 2019. The bill proposed changes to the Revised Code of Washington (RCW), amending and adding to Chapter 19.27A. Upon signing by the Governor in March 2019, the bill became the Clean Buildings Act.
The Clean Buildings Act refers to the additions and revisions to the RCW 19.27A, Energy Related Building Standards. The Clean Buildings Act grants power to the Department of Commerce to create rules and describe how building owners must comply with the law by amending the Washington Administrative Code. This addition, WAC 194-50 is the Clean Buildings Performance Standard.
The Clean Buildings Performance Standard (CBPS) refers to WAC 194-50, and is the Standard with which building owners must comply. The Clean Buildings Performance Standard is under the authority of the Department of Commerce.
The Clean Buildings Expansion Law refers the changes made to RCW 19.27A when SB5722 was signed into law in March, 2022. The Clean Buildings Expansion Law adds Tier 2 buildings to the requirements in RCW 19.27A, and tasks the Department of Commerce with rulemaking for these buildings. This rulemaking is underway, to be completed in December. These rules will amend WAC 194-50 and be added under the Clean Building Performance Standard.
Tier 1 buildings are buildings covered by the Clean Buildings Performance Standard as a result of the original Clean Buildings Act signed in 2019. These are commercial buildings over 50,000 square feet.
Tier 2 buildings are buildings which were added to RCW 19.27A when the Expansion Law was enacted in 2022. Tier 2 buildings are commercial buildings between 20,000 and 50,000 square feet and multifamily residential buildings over 20,000 square feet, and will be covered by the Clean Buildings Performance Standard after the Department of Commerce completes rulemaking in December.
