Seattle Building Energy Compliance Programs

Seattle’s Energy Use Benchmarking Ordinance (SMC 22.920) and Building Emissions Performance Standard (SMC 22.925) establish mandatory requirements for annual energy benchmarking, greenhouse gas (GHG) reporting, third‑party data verification, and long‑term emissions reductions for covered buildings.

These programs are administered by the Office of Sustainability & Environment (OSE) and apply to nonresidential and multifamily buildings over 20,000 square feet (excluding parking). [ci.seattle.wa.us]

Seattle Municipal Code outlines three interrelated compliance programs for large buildings:

1. Energy Benchmarking (SMC 22.920) – annual energy reporting for buildings over 20,000 sq ft.

2. Building Tune‑Ups – periodic operational efficiency improvements for buildings 50,000+ sq ft.

3. Building Emissions Performance Standard (SMC 22.925) – GHG reporting, verification, and emissions targets for buildings 20,000+ sq ft.

1. Energy Use Benchmarking

Who Must Comply?

Compliance is required for:

• Non-residential buildings over 20,000 square feet (excluding parking)

• Multi-family buildings over 20,000 square feet classified as Residential Group R-2

• Applicability depends on 50%+ floor area being residential vs. nonresidential

Exemptions apply to:

• Industrial manufacturing buildings are exempt.

What’s Required?

Building owners must:

• Benchmark energy use and greenhouse gas emissions using ENERGY STAR Portfolio Manager

• Submit annual benchmarking reports

• Update reports by April 1 each year using the prior calendar year’s data

• Provide benchmarking reports within seven days upon request to tenants, buyers, or lenders

• For BEPS-covered buildings (≥20,000 sq ft), benchmarking data must also undergo third-party verification according to size-based deadlines (2027–2030) and then again every compliance interval (2031–2050)

• Utilities must upload energy data within 30 days of owner request

• Tenants must supply needed data within 30 days

Penalties for Non-Compliance

Failure to submit or update required benchmarking reports may result in fines:

• $4,000 for buildings greater than 50,000 square feet

• $2,000 for buildings 50,000 square feet or less

• $500 fine for failure to disclose benchmarking reports

• $500 fine for tenants who fail to provide data

Additional fines apply for failure to disclose benchmarking reports or provide required tenant data

2. Building Emissions Performance Standard (BEPS)

Applicability

Compliance is required for:

• Non-residential and multifamily buildings over 20,000 square feet, except:

  • Industrial buildings

  • Buildings subject to Washington’s state cap under RCW 70A.65

Requirements

Building owners must:

• Reduce greenhouse gas emissions intensity (GHGI) to meet standard GHGITs

• Use verified benchmarking data

• Meet compliance deadlines based on building size

• Achieve net-zero emissions according to ordinance timelines

• Dates escalate every 5 years by building size

• Be aware of Alternative Compliance Options (ACP, Alternate GHGIT, Portfolio/District Campus aggregation)

Once a building reaches net-zero emissions, it must maintain that status in perpetuity. If a building does not maintain that status, there will be very large future fines enforced (e.g., $10/sq ft penalties)

3. Building Tune-ups

Applicability

The tune-up requirement applies to nonresidential buildings over 50,000 square feet, with compliance deadlines phased by building size. Tune‑up ordinance expires Dec 31, 2028.

Requirements

Owners must:

• Conduct periodic building tune-ups

• Have tune-ups performed by a qualified professional

• Correct identified deficiencies

• Submit documentation confirming completion

Tune-ups must be repeated on a recurring cycle as specified by ordinance.