Owners: how do we get the data we need to comply?
Building Performance and Emissions Standards require owners to collect tenant data, or face real monetary penalties, but what happens if owners can’t legally access that data?
How do building owners access the data they need to comply; because as of now, an inability to access tenant data is not an excuse for non-compliance.
Let’s look at the Clean Buildings Act and Seattle’s BEPS.
Washington’s Clean Buildings Act
RCW 19.27A.170 (8) For any covered commercial building with three or more tenants, an electric or gas utility must, upon request of the building owner, provide the building owner with aggregated monthly energy consumption data without requiring prior consent from tenants.
If a building has three or fewer occupants, building owners need to secure permission from account holders to authorize release of data - leases are a great way to confirm this authorization.
Seattle’s Building Emissions Performance Standard (BEPS)
Seattle has a general call out for cooperation among landlords and tenants:
Seattle Municipal Code Chapter 22.925.130.B. Unless otherwise restricted by state or City regulations, tenants shall allow building owners access to mechanical systems and utility information as necessary to comply with the terms of this Chapter 22.925.
Avoid administrative headaches by updating leases to clarify data format, cost sharing, confidentiality, quality assurance, and other tenant data considerations.
And if that doesn’t work, there is a more specific carve-out for obstreperous tenants:
Seattle Municipal Code Chapter 22.925.180.B
B.If the Director determines that a tenant has failed to allow access to mechanical systems or provide utility information to a building owner as required under Section 22.925.130, the Director may, in addition to any other remedy authorized by law or equity, impose a fine on the tenant as follows. For tenant spaces with a gross floor area: 1.Greater than 20,000 square feet, a fine of $2.50 per square foot for low-income housing or low-rent housing, $7.50 per square foot for a multifamily building activity type that is not low-income housing or low-rent housing, and $10 per square foot for all other building activity types, shall be imposed. 2.Greater than or equal to 5,000 square feet but not more than 20,000 square feet, a fine of $2,500 shall be imposed. 3.Less than 5,000 square feet, a fine of $500 shall be imposed.
The bottom line: leases are a great way to avoid penalties and ensure that owners can access the utility data they need to comply with Building Performance and Emissions Standards.
This is common sense, but bears repeating: this blog is intended for informational purposes and does not contain or convey legal advice. The law is inherently fact specific. General information, including this blog, should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you. Climate Aligned Law is licensed in Washington state.