School building energy perf.

AN ACT Relating to allowing school districts to request 1
extensions to state energy performance standard deadlines for K-12 2
school buildings; and amending RCW 19.27A.210. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 19.27A.210 and 2023 c 291 s 3 are each amended to 5
read as follows: 6
(1)(a) By November 1, 2020, the department must establish by rule 7
a state energy performance standard for covered commercial buildings.8
(b) In developing energy performance standards, the department 9
shall seek to maximize reductions of greenhouse gas emissions from 10
the building sector. The standard must include energy use intensity 11
targets by building type and methods of conditional compliance that 12
include an energy management plan, operations and maintenance 13
program, energy efficiency audits, and investment in energy 14
efficiency measures designed to meet the targets. The department 15
shall use ANSI/ASHRAE/IES standard 100-2018 as an initial model for 16
standard development. The department must update the standard by July 17
1, 2029, and every five years thereafter. Prior to the adoption or 18
update of the standard, the department must identify the sources of 19
information it relied upon, including peer-reviewed science.20
S-0264.1
SENATE BILL 5190
State of Washington 69th Legislature 2025 Regular Session
By Senators Wellman, Conway, Shewmake, Bateman, Riccelli, Hasegawa,
Saldaña, Lovick, Krishnadasan, Nobles, Salomon, and C. Wilson
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Early Learning & K-12 Education.
p. 1 SB 5190
(2) In establishing the standard under subsection (1) of this 1
section, the department: 2
(a) Must develop energy use intensity targets that are no greater 3
than the average energy use intensity for the covered commercial 4
building occupancy type with adjustments for unique energy using 5
features. The department must also develop energy use intensity 6
targets for additional property types eligible for incentives in RCW 7
19.27A.220. The department must consider regional and local building 8
energy utilization data, such as existing energy star benchmarking 9
data, in establishing targets for the standard. Energy use intensity 10
targets must be developed for two or more climate zones and be 11
representative of energy use in a normal weather year;12
(b) May consider building occupancy classifications from ANSI/13
ASHRAE/IES standard 100-2018 and the United States environmental 14
protection agency's energy star portfolio manager when developing 15
energy use intensity targets; 16
(c) May implement lower energy use intensity targets for more 17
recently built covered commercial buildings based on the state energy 18
code in place when the buildings were constructed;19
(d)(i) Must adopt a conditional compliance method that ensures 20
that covered commercial buildings that do not meet the specified 21
energy use intensity targets are taking action to achieve reduction 22
in energy use, including investment criteria for conditional 23
compliance that ensure that energy efficiency measures identified by 24
energy audits are implemented to achieve a covered commercial 25
building's energy use intensity target. The investment criteria must 26
require that a building owner adopt an implementation plan to meet 27
the energy intensity target or implement an optimized bundle of 28
energy efficiency measures that provides maximum energy savings 29
without resulting in a savings-to-investment ratio of less than 1.0, 30
except as exempted in (d)(ii) of this subsection. The implementation 31
plan must be based on an investment grade energy audit and a life-32
cycle cost analysis that accounts for the period during which a 33
bundle of measures will provide savings. The building owner's cost 34
for implementing energy efficiency measures must reflect net cost, 35
excluding any costs covered by utility or government grants. The 36
implementation plan may exclude measures that do not pay for 37
themselves over the useful life of the measure and measures excluded 38
under (d)(ii) of this subsection. The implementation plan may include 39
phased implementation such that the building owner is not required to 40
p. 2 SB 5190
replace a system or equipment before the end of the system or 1
equipment's useful life; 2
(ii) For those buildings or structures that are listed in the 3
state or national register of historic places; designated as a 4
historic property under local or state designation law or survey; 5
certified as a contributing resource with a national register listed 6
or locally designated historic district; or with an opinion or 7
certification that the property is eligible to be listed on the 8
national or state registers of historic places either individually or 9
as a contributing building to a historic district by the state 10
historic preservation officer or the keeper of the national register 11
of historic places, no individual energy efficiency requirement need 12
be met that would compromise the historical integrity of a building 13
or part of a building; 14
(e) Must provide an alternative compliance pathway for an owner 15
of a state campus district energy system, in accordance with RCW 16
19.27A.260, and more broadly for the owner of any campus district 17
energy system that is approved by the department to opt-in in 18
accordance with RCW 19.27A.260(6); 19
(f) Must guarantee that the owner of a state campus district 20
energy system is not required to implement more than one energy 21
management plan and more than one operations and maintenance plan for 22
the campus; 23
(g) Must guarantee that a state campus district energy system, as 24
defined in RCW 19.27A.260, and all buildings connected to a state 25
campus district energy system, are in compliance with any 26
requirements for campus buildings to implement energy efficiency 27
measures identified by an energy audit if: 28
(i) The energy audit demonstrates the energy savings from the 29
state campus district energy system energy efficiency measures will 30
be greater than the energy efficiency measures identified for the 31
campus buildings; and 32
(ii) The state campus district energy system implements the 33
energy efficiency measures. 34
(3) Based on records obtained from each county assessor and other 35
available information sources, the department must create a database 36
of covered commercial buildings and building owners required to 37
comply with the standard established in accordance with this section.38
(4) By July 1, 2021, the department must provide the owners of 39
covered buildings with notification of compliance requirements.40
p. 3 SB 5190
(5) The department must develop a method for administering 1
compliance reports from building owners. 2
(6) The department must provide a customer support program to 3
building owners including, but not limited to, outreach and 4
informational material, periodic training, phone and email support, 5
and other technical assistance. 6
(7) The building owner of a covered commercial building must 7
report the building owner's compliance with the standard to the 8
department in accordance with the schedule established under 9
subsection (8) of this section and every five years thereafter. For 10
each reporting date, the building owner must submit documentation to 11
demonstrate that: 12
(a) The weather normalized energy use intensity of the covered 13
commercial building measured in the previous calendar year is less 14
than or equal to the energy use intensity target; or15
(b) The covered commercial building has received conditional 16
compliance from the department based on energy efficiency actions 17
prescribed by the standard; or 18
(c) The covered commercial building is exempt from the standard 19
by demonstrating that the building meets one of the following 20
criteria: 21
(i) The building did not have a certificate of occupancy or 22
temporary certificate of occupancy for all 12 months of the calendar 23
year prior to the building owner compliance schedule established 24
under subsection (8) of this section; 25
(ii) The building did not have an average physical occupancy of 26
at least 50 percent throughout the calendar year prior to the 27
building owner compliance schedule established under subsection (8) 28
of this section; 29
(iii) The sum of the building's gross floor area minus 30
unconditioned and semiconditioned spaces, as defined in the 31
Washington state energy code, is less than 50,000 square feet;32
(iv) The primary use of the building is manufacturing or other 33
industrial purposes, as defined under the following use designations 34
of the international building code: (A) Factory group F; or (B) high 35
hazard group H; 36
(v) The building is an agricultural structure; or37
(vi) The building meets at least one of the following conditions 38
of financial hardship: (A) The building had arrears of property taxes 39
or water or wastewater charges that resulted in the building's 40
p. 4 SB 5190
inclusion, within the prior two years, on a city's or county's annual 1
tax lien sale list; (B) the building has a court appointed receiver 2
in control of the asset due to financial distress; (C) the building 3
is owned by a financial institution through default by a borrower; 4
(D) the building has been acquired by a deed in lieu of foreclosure 5
within the previous 24 months; (E) the building has a senior mortgage 6
subject to a notice of default; or (F) other conditions of financial 7
hardship identified by the department by rule. 8
(8)(a) A building owner of a covered commercial building must 9
meet the following reporting schedule for complying with the standard 10
established under this section: 11
(((a))) (i) For a building with more than 220,000 gross square 12
feet, June 1, 2026; 13
(((b))) (ii) For a building with more than 90,000 gross square 14
feet but less than 220,001 gross square feet, June 1, 2027; and15
(((c))) (iii) For a building with more than 50,000 gross square 16
feet but less than 90,001 square feet, June 1, 2028.17
(b) A school district may request to extend a K-12 school 18
building's compliance date beyond the scheduled date established in 19
(a) of this subsection. A request to extend must be submitted to the 20
department prior to a building's scheduled compliance date and 21
include a noncompliance mitigation plan that demonstrates the school 22
district is taking action to achieve compliance. An extension granted 23
pursuant to this subsection is valid for 10 years beyond the 24
building's scheduled compliance date and may not be renewed.25
(9)(a) The department may issue a notice of violation to a 26
building owner for noncompliance with the requirements of this 27
section. A determination of noncompliance may be made for any of the 28
following reasons: 29
(i) Failure to submit a compliance report in the form and manner 30
prescribed by the department; 31
(ii) Failure to meet an energy use intensity target or failure to 32
receive conditional compliance approval; 33
(iii) Failure to provide accurate reporting consistent with the 34
requirements of the standard established under this section; and35
(iv) Failure to provide a valid exemption certificate.36
(b) In order to create consistency with the implementation of the 37
standard and rules adopted under this section, the department must 38
reply and cite the section of law, code, or standard in a notice of 39
violation for noncompliance with the requirements of this section 40
p. 5 SB 5190
when requested to do so by the building owner or the building owner's 1
agent. 2
(10)(a) The department is authorized to impose an administrative 3
penalty upon a building owner for failing to submit documentation 4
demonstrating compliance with the requirements of this section. The 5
penalty may not exceed an amount equal to $5,000 plus an amount based 6
on the duration of any continuing violation. The additional amount 7
for a continuing violation may not exceed a daily amount equal to $1 8
per year per gross square foot of floor area. The department may by 9
rule increase the maximum penalty rates to adjust for the effects of 10
inflation. 11
(b) The department may not impose an administrative penalty upon 12
a school district that submits a request to extend a K-12 school 13
building's compliance date as authorized in subsection (8)(b) of this 14
section.15
(11) Administrative penalties collected under this section must 16
be deposited into the low-income weatherization and structural 17
rehabilitation assistance account created in RCW 70A.35.030.18
(12) The department must adopt rules as necessary to implement 19
this section, including but not limited to: 20
(a) Rules necessary to ensure timely, accurate, and complete 21
reporting of building energy performance for all covered commercial 22
buildings; 23
(b) Rules necessary to grant extensions to school districts as 24
authorized in subsection (8)(b) of this section;25
(c) Rules necessary to enforce the standard established under 26
this section; and 27
(((c))) (d) Rules that provide a mechanism for appeal of any 28
administrative penalty imposed by the department under this section.29
(13) Upon request by the department, each county assessor must 30
provide property data from existing records to the department as 31
necessary to implement this section. 32
(14) By January 15, 2022, and each year thereafter through 2029, 33
the department must submit a report to the governor and the 34
appropriate committees of the legislature on the implementation of 35
the state energy performance standard established under this section. 36
The report must include information regarding the adoption of the 37
ANSI/ASHRAE/IES standard 100-2018 as an initial model, the financial 38
impact to building owners required to comply with the standard, the 39
amount of incentives provided under RCW 19.27A.220 and 19.27A.230, 40
p. 6 SB 5190
and any other significant information associated with the 1
implementation of this section. 2
--- END ---
p. 7 SB 5190