November 15, 2024

Erik Jennings Co-Authors WA Clean Buildings Act Compliance Explainer for MRSC Insight Blog

A new article co-authored by Pacifica Partner Erik Jennings details how owners and tenants of public buildings can utilize their lease agreements as a tool for compliance with Washington’s Clean Buildings Act (the Act), which requires buildings to meet certain energy performance standards in an effort to reduce greenhouse gas emissions.

Erik, a partner in Pacifica’s Real Estate Practice Group, wrote the article for the Municipal Research and Services Center Insight Blog with Nicole DeNamur, owner of climate-focused law firm Climate Aligned Law.

In the article, “Leases: A Critical Tool for Clean Buildings Act Compliance,” they note that building performance standards (BPS) statutes such as the Act are so new that “traditional” leases “do not even contemplate the unique regulatory and technical issues associated with BPS requirements.”

“Entities that own or lease space in buildings covered by the Act need to understand compliance issues and penalties and manage associated risks and opportunities through updated lease language,” Erik and Nicole write.

Follow the link below to read their explanation of the key BPS-related issues germane to the landlord-tenant relationship, including legal compliance, energy budgets, capital expenditures, allocation of penalties, and more. Erik and Nicole also offer public agency representatives suggestions for next steps as they consider how to leverage leases to comply with the Act and other BPS laws.

“Leases: A Critical Tool for Clean Buildings Act Compliance”