Rulemaking Process

Seattle’s new Building Emissions Performance Standard (BEPS) law (SMC 22.925), signed by Mayor Harrell on Dec. 13, 2023, establishes greenhouse gas emissions targets that larger existing buildings must meet over the next two to three decades. The City’s current phase is developing the Director’s Rule which will contain details such as required documentation, processes for compliance, and other key elements flagged for rulemaking in the BEPS ordinance.

Director’s Rule Process Overview 

Per Seattle Municipal Code a Director's Rule is the required next step to clarify topics such as required documentation, processes for compliance and reporting, and other key elements flagged for rulemaking in the BEPS law. This draft rule covers nearly all rules needed for compliance with BEPS, which starts with the largest buildings reporting by Oct. 1, 2027. Starting in 2031, buildings must meet emissions targets or achieve alternative compliance (unless approved for an extension or exemption).

Public Comment Period

OSE released the draft Rule on June 17, and is now hosting a three-week comment period through July 7 at 5 p.m. PT to solicit input from the public. You can submit your comments in the following ways:

• Using OSE’s online form (preferred)
• Emailing cleanbuildings@seattle.gov (please include “BEPS Public Comment” in the subject line)
• Writing to the Director, Seattle Office of Sustainability & Environment, PO Box 94729, Seattle, WA 98124, postmarked no later than July 7, 2025

When commenting, please list the page number(s) and the section(s) you are commenting on. OSE will review all comments and consider those relevant to rulemaking decisions and topics to develop the final Rule for final adoption. Additional required rulemaking to cover limited topics such as updating emissions factors for 2031–2035 and other elements noted in this draft Rule and specified in SMC 22.925 will take place by Dec. 31, 2027, and at later dates as specified in SMC 22.925.

Rulemaking Public Webinars

OSE hosted two webinars to solicit feedback from stakeholders to inform its drafting of the BEPS Director’s Rule. 

The webinars covered the following topics as they relate to the proposed Rule:

• Webinar #1: Covered buildings, exemptions, Qualified Persons, Benchmarking Verification, compliance with one building, end use deductions, and extensions. Review the slides or watch the recording >
• Webinar #2: Aggregate GHGIT, alternate GHGIT, Alternative Compliance Payments, Multifamily Prescriptive Pathway, penalties and enforcement, and decarbonization plans. Review the slides or watch the recording >

Stakeholder Engagement

BEPS includes many flexible options for compliance and OSE values opportunities for stakeholder participation to help the City further shape and clarify these options. To facilitate this OSE is conducting or planning: 

• A facilitated Technical Rulemaking Workgroup with subject matter experts from multiple sectors to weigh in on options to inform the draft. 
• Facilitated topic-specific focus groups (e.g., affordable housing, decarbonization plans, private building portfolios, and others TBD). 
• Public webinars for feedback on key elements of the draft rule. 
• Continuous opportunities to share written comments. 
• A three-week formal public comment period after the draft rule is released

Rulemaking Timeline 

• Summer and Fall 2024
  • Kick off Technical Rulemaking Workgroup
  • Focused topical meetings
• Winter 2025
  • Technical Rulemaking Workgroup and focused topical meetings as needed 
  • Develop draft rule
• Spring and Summer 2025
  • Rulemaking public webinars
  • Publish final rule draft for official public comment
  • Publish adopted Director’s Rule