JLARC opens review of Clean Buildings Performance Standard for state‑owned large buildings

JLARC staff presented the scope and objectives April 8 for an expedited review of the Clean Buildings Performance Standard as it applies to state‑owned tier 1 buildings and K‑12 schools. The review will focus on buildings over 220,000 square feet that must comply first under the statute and on whether compliance costs, savings and funding mechanisms are feasible for state agencies and districts.

Zach Freeman told the committee the study will assess building characteristics, how much was spent on compliance, energy savings from implemented measures, and what funding sources paid for improvements. Staff explained they will focus on tier 1 buildings that must comply by June 2026 because those dates fall within JLARC's study timeline and because the program requires benchmarking and, in some cases, energy audits and follow‑up projects.

Members asked whether state agencies or school districts face fines or would be granted leniency if they lack funding to comply; Freeman said the Department of Commerce may issue fines for noncompliance but early Commerce guidance suggested limited enforcement for agencies attempting but unable to comply due to funding constraints — and JLARC will examine enforcement and whether fines are occurring in practice. Committee members also asked whether JLARC will use meter data or audit assumptions to calculate savings; staff said they will use metered energy data where available but the amount of data will vary by building.

Members raised concerns about the size of potential compliance costs and workforce constraints for narrowly timed compliance deadlines. One member noted the University of Washington campus work as an example of high capital needs and asked whether JLARC could provide a universe estimate of costs for the focal cohort; staff said they intend to capture the full cost of compliance for the state‑owned and K‑12 cohort within scope but that other building categories will not be covered in this review.

Staff will report back with analysis and contact information for the study team; JLARC did not take action beyond approving the scope and receiving questions at the meeting.