Commerce filed an emergency rule change (WSR 23-05-101) effective Feb. 15, 2023. The emergency rule states that applications for exemptions may be submitted no sooner three years prior to the compliance date and submitted to Commerce no later than 180 days prior to the compliance date. If buildings meet one of the exemption criteria in RCW 19.27A.210(7)(c), building owners can now apply for an exemption three years prior to their scheduled compliance date. Tier 1 buildings over 220,000 sq. ft. can apply for an exemption beginning on June 1, 2023. Tier 1 buildings over 90,000 sq. ft. can apply for an exemption beginning on June 1, 2024. Tier 1 buildings over 50,000 square feet can apply for exemption beginning on June 1, 2025. Within six months before the compliance date, building owners who have received exemption approval must certify that the building still meets the eligibility qualifications for the exemption and that there have been no material changes to qualifying conditions. Commerce will provide a one-page declaration for exempted building owners to sign.