City of Seattle

Building Emissions Performance Standard

Updated Dec 13, 2023

What is it?

Seattle’s Building Emissions Performance Standard (BEPS) was signed into law December 13, 2023 and sets greenhouse gas emissions targets for buildings over 20,000 square feet.

Seattle’s BEPS uses a framework similar to Washington’s Clean Buildings Performance Standard to set greenhouse gas intensity (GHGI) targets for buildings based on their size and space use type. It requires incrementally lower compliance targets on a 5-year cycle with the goal being net-zero carbon emissions by 2050 or earlier. The first reporting deadline will be October 1, 2027, and the first deadline for meeting GHGITs will be October 1st, 2031.

Who is affected?

BEPS covers nonresidential and multifamily buildings over 20,000 square feet in the City of Seattle.

This is consistent with buildings required to comply with Seattle’s Energy Benchmarking & Reporting and the Clean Buildings Performance Standard.

BEPS divides buildings into nonresidential, multifamily, and portfolios/campus configurations with different timelines for each group and depending on building size.

What is required for compliance?

All buildings must have previous benchmarking in Portfolio Manager reviewed by a qualified person, and submit a BEPS qualified person’s report to the Seattle Office of Sustainability & Environment. Buildings are expected to meet their greenhouse gas intensity target (GHGIT) but there are many alternative compliance options.

All submission components must be completed by a qualified person and submitted by the building owner. The qualified person may be required to complete a training course similar to training required for Seattle Building Tune-Ups.

Submission for compliance must include an energy benchmarking verification report completed by a qualified person who is not the person who prepared and submitted the benchmarking report for Seattle’s Energy Benchmarking Law. Additionally, the qualified person must complete a greenhouse gas emissions report for the building. This report will contain:

  • the facilities GHGI and calculated GHGIT using BEPS emissions factors (Portfolio Manager emissions factors are not compliant)

  • documentation of the actions completed to meet the GHGIT

  • documentation of any alternate compliance option, extensions, exemptions, or end-use reductions used in calculations

  • a report of all major mechanical equipment, their age, and fuel sources

  • a plan for meeting GHGI targets in future compliance cycles

The Building Emissions Performance Standard also offers the following alternative compliance options in certain cases.

  • All-electric buildings are assumed compliant and are not required to document meeting their GHGIT.

  • Alternative compliance payments are permitted for the 2031-2035 compliance cycle.

  • Building owners with portfolios or campuses may use an aggregate GHGIT.

  • Multifamily buildings may choose one of a handful of prescriptive energy saving options in lieu of meeting the GHGIT for the first three compliance cycles.

  • Affordable housing is exempt from meeting GHGIT through 2035.

  • Custom alternative compliance plans are permitted for extenuating circumstances.

  • Other exemptions, extensions, and deductions are available.

To learn more about BEPS’ requirements and alternative pathways check out the full draft of the proposed legislation or read OSE’s guide to the Standard.

Sershon Systems can help determine the best compliance path for your building that also meets the requirements for the Clean Buildings Performance Standard. Contact Sershon Systems to find a direct and comprehensive path to legislative compliance.

What are the penalties?

Penalties for noncompliance with BEPS are $3.33/square foot for nonresidential buildings and $2.50/square foot for multifamily buildings.

Flat fines of $15,000 and $7,500 may also be assessed for failure to report and inaccurate reporting. Penalties assessed by OSE are not inclusive of any penalties assess by the Department of Commerce for noncompliance with the Clean Buildings Performance Standard. Aggregate penalties for non-compliance with both performance standards could total up to $20,000 plus over $4.50 per square foot every 5 years.

What's the timeline?

The first reporting deadlines will be on October 1st between 2027 and 2030 depending on building size and type. Full compliance begins the following cycle.

Deadlines for Seattle BEPS

Buildings >220,000 sf

  • reporting deadline Oct 1st, 2027

  • compliance deadline Oct 1st, 2031

  • non-residential reaching net zero Oct 1st, 2041, multifamily reaching net-zero Oct 1st, 2046

Buildings 90,000 sf - 220,000 sf

  • reporting deadline Oct 1st, 2027

  • compliance deadline Oct 1st, 2032

  • non-residential reaching net zero Oct 1st, 2042, multifamily reaching net-zero Oct 1st, 2047

Buildings 50,000 - 90,000 sf

  • reporting deadline Oct 1st, 2028

  • compliance deadline Oct 1st, 2033

  • non-residential reaching net zero Oct 1st, 2043, multifamily reaching net-zero Oct 1st, 2048

Buildings 30,000 - 50,000 sf

  • reporting deadline Oct 1st, 2029

  • compliance deadline Oct 1st, 2034

  • non-residential reaching net zero Oct 1st, 2044, multifamily reaching net-zero Oct 1st, 2049

Buildings 20,000 - 30,000 sf

  • reporting deadline Oct 1st, 2030

  • compliance deadline Oct 1st, 2035

  • non-residential reaching net zero Oct 1st, 2045, multifamily reaching net-zero Oct 1st, 2050

Timeline from the Office of Sustainability & Environment’s Guide to Proposed Policy.

Compliance is required on a 5-year cycle with incrementally lower compliance targets, with nonresidential buildings reaching net zero by 2045 and multifamily housing reaching net zero by 2050.

For nonresidential buildings between 50,000 and 220,000 square feet, the BEPS reporting and compliance deadlines will follow the Clean Buildings Performance Standard deadline by only three months. Building owners will benefit from considering both pieces of legislation simultaneously. Partnering with Sershon Systems ensures a comprehensive, practical compliance plan that doesn’t miss a thing.

Seattle Building Tune-ups will sunset after the 2026 reporting cycle and be replaced by the Building Emissions Performance Standard.

How does it overlap with Clean Buildings?

Seattle BEPS is built on a framework similar to CBPS, adding to and complementing it. Building owners will benefit from complying with both concurrently.

The Clean Buildings Performance Standard went into effect for commercial buildings over 50,000 square feet in 2021, and is under development for commercial buildings 20,000 - 50,000 square feet and multifamily residential buildings (Tier 2 buildings) with rulemaking set to be complete in December 2023.

Seattle’s BEPS is designed to complement and add to the Clean Buildings Performance Standard. The same ENERGY STAR Portfolio Manager profile can be used for compliance to both standards, and both standards rely on weighted space us type targets. Complying with both Standards in the same process will benefit building owners by creating efficiencies in both compliance processes.

To identify your compliance deadlines for both laws, use Sershon Systems’ Find My Deadlines tool which covers CBPS, BEPS, Seattle Energy Benchmarking, and Seattle Building Tune-Ups timelines.

Sershon Systems specializes in the nuts and bolts sustainability legislation compliance and focuses on getting your building to compliance efficiently, practically, and with a plan that will last through the next compliance cycle and beyond. Check out Sershon Systems targeted services or contact page where you’ll always reach a CBPS qualified person.

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