Advancing Green Buildings: Washington’s Clean Buildings Law and Green Building Practices Local Governments Can Adopt - Part 1

Local governments cite a number of reasons for supporting green building practices, from an interest in mitigating climate impacts on community members to encouraging healthy living environments. This this 2-part blog series looks at how local governments can advance green building practices. The first blog covers the common components of green building programs and the second will share various methods localities are using to reduce greenhouse gas (GHG) emissions and promote green buildings — from building design, operation, and maintenance.

Background

The Clean Buildings Performance Standard was enacted through the Clean Buildings Act (The Act) in 2019 and required the Washington State Department of Commerce (Commerce) to set building energy performance standards primarily for commercial buildings larger than 50,000 SF, known as tier 1 buildings. In 2021, the law evolved to include tier 2 buildings, or smaller commercial buildings (20,001–50,000 SF) and multi-family buildings greater than 20,000 SF. 

The Act included incentives and requirements to encourage energy efficiency in new and existing buildings, such as energy efficiency standards, retrofit incentives, utility programs, and building codes. The Act also includes reporting requirements to benchmark and calculate building energy use intensity (EUI) (by a qualified person).

• Buildings larger than 50,000 SF (tier 1 buildings) can either meet an energy use intensity target (EUIt) based on the site-based EUI average using benchmarking tools like ENERGY STAR Portfolio Manager or the “investment criteria” pathway, which includes performing and energy audit and implementing energy efficiency measures.
• Buildings categorized as tier 2 buildings are not currently required to meet an EUIt but must calculate the EUIt and track energy use over time.

Finally, all buildings are required to develop an energy management plan and implement and operation and maintenance (O&M) program. From 2021–2026, Commerce administrated the voluntary efficiency incentive program and, starting in 2026, the standard will be implemented as a mandatory requirement.

In 2023, HB 1181 was adopted to formally incorporate climate goals into the Growth Management Act and require that local comprehensive plans include a climate element with resilience and GHG sub-elements — See RCW 36.70A.070(9).

Several counties and cities have set their own emission reduction targets to meet the state’s climate goals, and buildings are increasingly a part of this discussion. In Washington, residential and commercial buildings account for 27% of statewide GHG emissions, but as the state’s population grows, the demand for residential and commercial buildings will continue to rise. Implementing green building practices can help to meet statewide GHG reduction goals while also allowing for growth.

Green Building: Definition and Program Components

A green building can be defined as a resource-efficient form of construction that integrates environmental considerations into every phase of the building life cycles — from design and construction to operation and maintenance — and has minimal impact on the environment.

Common components of a green building program include use of a rating system, an educational focus, realistic targets, and equity considerations.

Use of an existing green building rating systems

Instead of starting from scratch, some jurisdictions utilize nationally recognized standards to assess and certify the environmental performance of buildings. Green building rating systems are a great opportunity to advance energy efficiency and electrification. They also encourage developers and local agencies to think beyond electrification and include other elements such as resource conservation, healthy materials, indoor air quality, lead hazard reduction, and more.

For example, the King County Green Building Ordinance has set the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) as the main green building rating system for its program. However, to also encourage flexibility and innovation, the county acknowledges alternative green building rating systems such as:

• Built Green
• Evergreen Sustainable Development Standard
• Salmon Safe
• Living Building Challenge

Implement an educational component

Education is critical in increasing awareness of green building and sustainable development to the wider public as well as providing guidance to city or county departments to carry out these standards and incentive programs. Public support of green building practices can also lead to the effective implementation of other resource-conservation measures like recycling, energy efficiency, and water conservation.

As part of Bellevue’s Clean Buildings Incentive Program, the city offers technical guidance, trainings, and program services to support the implementation of the city’s Sustainable Bellevue Environmental Stewardship Plan and to be in compliance with Commerce’s Clean Buildings Performance Standard.

The Living Building Challenge, a certification program of the International Living Future Institute, includes an education and inspiration component requiring buildings “provide educational materials about the operation and performance of the project to the occupants and the public” (see LBC 4.1 Program Manual). This includes a Living Building Challenge Case study, an annual open day for the public, and a copy of the building’s O&M manual.

Green building rating systems like The Living Building Challenge and LEED also offer courses for anyone to understand key requirements of the specific certification.

Set realistic targets and goals

Setting targets and goals at the planning and design stage is a key component of realizing green building goals. Specifically, applicants are highly encouraged to select and notify all local development review and permitting staff of the selected or intended green building program as early as possible, preferably during the pre-development review stage.

It is also important to track sustainability measures by setting minimum performance standards. For example, the King County Green Building Ordinance requires county-owned or -financed capital projects to meet minimum performance requirements for energy, emissions, stormwater management, and the diversion of construction and demolition materials from the county waste stream.

Integrate equity considerations

It important for jurisdictions to implement equity in their green building policies because Black, Indigenous and People of Color (BIPOC) communities often face greater environmental and health burdens from fossil fuel use, associated with buildings, due to systemic inequalities in housing, infrastructure, and social services. This increases BIPOC communities’ exposure to pollutants and may result in limited access to energy-efficient housing.

Equitable green building policies can help ensure all communities are better prepared to withstand environmental changes and have access to sustainable living. One way to do this is to make green building financing options and incentives accessible to low-income and marginalized communities, as the upfront costs of clean/green buildings acts as a real barrier to new development.

Seattle’s Driving Accelerated Climate Action is developing a clean energy workforce to advance climate justice, as well as a city workgroup to research how to lower the upfront operating costs required to build and maintain affordable housing.

Another example is Bellingham’s Climate Action Plan and Green Building Incentive Program. The city's green building program incentivizes the development of solar projects to provide affordable energy to low-income households as well as the construction of affordable housing that meets green building standards.

Conclusion and Resources

Phasing out fossil fuels is critical to improving human and ecological health and resilience. In addition to statewide policies, locally developed programs, policies, tools, and incentives are critical to meeting local, state, and national climate goals.

Part 2 of this blog series will highlight specific local government policies, programs, and incentives to advance green building practices. Here are additional resources:

• King County Department of Natural Resources and Parks: Building Integrative Process to Policy Development
• Seattle Office of Sustainability & Environment: Seattle Clean Building Accelerator
• Washington State Department of Commerce
  • History of the Clean Buildings Performance Standard
  • Support and Resources