The penalty math
Miss your CBPS deadline and the WA Department of Commerce sends you a bill: $5,000 up front, plus $1.00 per square foot per year until you comply.
100,000 SF building: $5,000 + $100,000 = $105,000 in year one. Every year after: another $100,000. No cap.
A 300,000 SF office tower that stays noncompliant pays $305,000 the first year and $300,000 every year after that. These are not theoretical numbers. They are written into HB 1257 and enforced by Commerce.
Is your building covered?
CBPS covers most nonresidential commercial buildings in Washington: offices, retail, schools, warehouses, hospitals, hotels, and multifamily buildings in certain size ranges. The deadlines are staggered by size:
| Tier | Building size | Deadline | Must meet EUI target? |
|---|---|---|---|
| Tier 1 | Over 220,000 SF | June 1, 2026 | Yes |
| Tier 1 | 90,001 to 220,000 SF | June 1, 2027 | Yes |
| Tier 1 | 50,001 to 90,000 SF | June 1, 2028 | Yes |
| Tier 2 | 20,001 to 50,000 SF (nonresidential), multifamily 50,000+ SF | July 1, 2027 | No (benchmark + EMP filing only) |
Tier 1 buildings must hit an EUI target set by building type. EUI is Energy Use Intensity: your total annual energy divided by gross square footage, in kBtu/SF/yr. It covers all fuel sources (electricity, gas, steam). Each building type has its own target.
Tier 2 buildings must benchmark energy use and file an Energy Management Plan, but they do not have to meet an EUI target.
If your building is over 220,000 SF and nonresidential, the June 1, 2026 deadline is yours.
What you need to do before June 1
Five steps. Start now.
- Confirm your square footage and look up the EUI target for your building type in the CBPS tables.
- Pull 12 months of utility data (electricity, gas, any other sources) and benchmark your current EUI in ENERGY STAR Portfolio Manager.
- Compare your EUI against the target. If you are already below it, document it and prepare your compliance filing. You are done.
- If you are above the target, size the gap. Operational changes and lighting upgrades can close smaller gaps in weeks. Major mechanical work (chillers, boilers, HVAC controls) takes one to two years.
- Hire a Qualified Person under CBPS to prepare your Energy Management Plan and file your compliance documentation with Commerce.
How long does compliance take?
Benchmarking and gap analysis: two to four weeks, depending on how fast you can pull utility records.
If your building already meets the EUI target, you file paperwork. That is it.
If it does not, the timeline depends on the gap. Operational and lighting fixes take a few months. Full mechanical system replacements take one to two years.
Eight weeks is enough time to benchmark, identify the gap, and start a plan. It is not enough time to finish a mechanical retrofit. If you have not started, the cost of waiting another month is real.