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 ordinance elements (e.g., timeline for extension requests, documentation required) as well as to address specific rulemaking elements. The Office of Sustainability and Environment (OSE) envisions that a successful rulemaking process will engage stakeholders and maintain the stringency of BEPS, while explaining how to use the flexible compliance options in a readable final Director’s Rule. 

Rulemaking Public Webinars

OSE is hosting two webinars to solicit feedback from stakeholders to inform its drafting of the Building Emissions Performance Standard (BEPS) Director’s Rule. The second webinar is on May 22 from 11 a.m.–1 p.m.

The webinars will cover 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.

Content will not be repeated, so please attend or watch both if you wish to receive all information. Webinar recordings and slides will be posted online a few days after the events. 

The rulemaking webinars precede an upcoming formal 3-week comment period, where OSE will invite the public to give input on the draft Director’s Rule. More information on exact dates for that will be available towards the outset of the comment period.

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 2025
  • Rulemaking public webinars
  • Publish final rule draft for official public comment
  • Publish adopted Director’s Rule

Opportunities for Public Comment 

We welcome your questions about the process or comments. Please submit your comment via this form.