In 2023, the Oregon Legislature passed House Bill 3409, establishing an Energy Performance Standard policy for commercial buildings, often referred to as a Building Performance Standard (BPS).
ODOE staff have filed permanent rules with the Secretary of State establishing the Oregon Building Energy Performance Standards Program, marking the conclusion of this rulemaking. The rules adopt the 2024 version of ASHRAE Standard 100 with Oregon-specific amendments.
As part of the rulemaking process ODOE invited public comment on both the draft rules and the draft amendments to 2024 ASHRAE Standard 100 referenced in the draft rules. While no changes were made to the draft rules, the Department made several changes to the draft amendments to 2024 ASHRAE Standard 100 based upon public comments received. The most substantive changes were focused on utility data aggregation and Energy Usage Intensity (EUI) targets for restaurants and fast-food services.
Utility data aggregation was originally set out in “Normative Appendix V: Utility Data Aggregation" to require a consumer-owned or investor-owned utility with at least three percent of Oregon's electricity or gas sales to combine usage data from multiple utility accounts at the same building and provide this collective usage data to the qualified data recipient. Based on public comments, this type of utility is now defined as a “qualified utility" and a requirement was added that a qualified utility must also serve at least 50,000 customers. It should be noted that the aggregation threshold for accounts has not changed, and data aggregation is only required for buildings with three or more nonresidential accounts and five or more residential accounts.
The second substantive change was made to Energy Usage Intensity (EUI) targets for the restaurant sector. Based on evaluation of available data, the following EUI targets in climate zones 4C/5B have been changed for the following building types:
Less substantive changes to the rules included rephrasing language for clarity, noting that a table listing equipment expected useful life will be available for download from the ODOE BPS webpage, and adding a definition for historic buildings.
The Building Energy Performance Standard program rules are effective January 1, 2025. ODOE will post the Oregon version of the 2024 ASHRAE Standard 100 on its website as soon as the final document is available and will notify all stakeholders on the Department's email distribution list for the program.
The Oregon Department of Energy has filed a hearing notice with the Oregon Secretary of State in the Building Performance Standards rulemaking. As directed by House Bill 3409 from the 2023 legislative session, the draft rules would adopt the 2024 version of ASHRAE Standard 100 with Oregon-specific amendments. Links to the draft amendments to customize ASHRAE Standard 100 for Oregon are provided below. ODOE invites public comment on both the draft rules and the draft amendments to ASHRAE Standard 100.
House Bill 3409 directed the Oregon Department of Energy to adopt building energy performance standards for Oregon in consultation with a rulemaking advisory committee which has met seven times since February 2024. ODOE also held public meetings December 13, 2023, and March 21, June 5, and September 11, 2024, via webinar; information from these public meetings, including presentations, is available on the ODOE BPS program webpage and rulemaking webpage.
October 1, 2024, marks the beginning of the formal public comment period for the rulemaking process. Members of the public are invited to comment on the draft rules and draft amendments using the comment portals listed at the top of this webpage, or by sending comments to the mail or email addresses below. Comments on these rules will be accepted through Friday, November 15, 2024, at 5 p.m. After review and consideration of public comments, ODOE plans to file permanent rules to establish the Building Performance Standards program by the end of the year, with the rules becoming effective January 1, 2025.
Public Hearing Details:
Date/Time: Wednesday, November 13, 2024 | 10:00 AMLocation: Virtual via WebexJoin Meeting via WebexWebinar number: 2660 731 7362Webinar password: energy (363749 when dialing from a phone or video system)Join by phone: +1-650-479-3208Access code: 266 073 17362
Materials:
Draft Oregon-specific amendments to ASHRAE Standard 100:
Submit written comments to:
Email: wendy.simons@energy.oregon.govMailing address:Oregon Department of EnergyAttention: Building Performance Standards Program550 Capitol St. NE, 1st FloorSalem, OR 97301
ODOE has been working with a Rulemaking Advisory Committee to draft administrative rules for the Building Performance Standards program. ODOE recently filed draft rules and issued public notice of the rulemaking public comment period which will be open until November 15. The intention of the October 15 public meeting is to provide a final overview of RAC and ODOE activity and draft rules, including energy use intensity targets, energy data aggregation, Tier 1 and Tier 2 building reporting requirements, and next steps for implementation.
Meeting Details
Tuesday, October 15, 2024 | 1:00 PM
The Oregon Department of Energy will hold a public meeting to accept feedback on preliminary draft administrative rules for Oregon's Building Performance Standards program on Wednesday, September 11, from 10 a.m. - 12 p.m.
Meeting Materials:
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, September 4, 2024 at 1 p.m.
Building Performance Standards Tier 2 Advisory Committee Meeting to be held Wednesday, August 28 at 1 p.m.
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, August 21, 2024 at 1 p.m.
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, July 17, 2024 at 1 p.m.
Join meeting via WebexOrJoin by phone: 408-418-9388 Webinar number (access code): 2344 611 8614 Webinar password: energy (363749 from phones)
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, June 26, 2024 at 1 p.m.
Join meeting via WebexOrJoin by phone: 408-418-9388 Webinar number (access code): 2347 802 8461 Webinar password: energy (363749 from phones)
ODOE has been working with a Rulemaking Advisory Committee to begin drafting administrative rules to administer the BPS program. The intention of this public meeting is to consolidate ODOE and RAC work through May and provide an opportunity for public stakeholders to provide input on the draft rules to date. Oregon’s BPS is based on ASHRAE Standard 100-2024 – ODOE and the RAC have been using this standard as a model. This public meeting will review Chapters 1 through 6 of ODOE’s draft rules / ASHRAE Standard 100.
Meeting Details:
Wednesday, June 5, 2024 | 1-3pm
Join meeting via WebexWebinar number: 2342 693 2185Webinar password: energy (363749 from phones and video systems)OrJoin by Phone: 408-418-9388 Access code: 2342 693 2185
Commenting
An opportunity for public comment will be provided during the meeting. Comments can also be submitted via the following links:
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