| | | 1/22/2025 | The Oregon Department of Energy filed final rules with the Secretary of State on January 22, 2025. This rulemaking made permanent a temporary rule that expands the eligibility criteria for incentive for low- and moderate income tenants and expands the methods that owners of rental housing where a member of a federally recognized Tribe resides can qualify for higher rebates and grants. The rulemaking also made permanent a temporary rule outlining the transfer of funding from the Community Heat Pump Deployment Program to the Oregon Rental Home Heat Pump Program. The rulemaking added a provision to allow a contractor to request reinstatement of a rebate reservation, if a heat pump was installed and passed final inspection prior to the reservation expiring, but the rebate was not claimed prior to the expiration date. The rule also allows for this provision to apply to rebate reservations that were denied for this reason, from the start of the program to the date the rules are in effect. The rulemaking went into effect January 27, 2025.
| | ORHHP | Yes | 1/22/2028 | Completed |
| | | 12/31/2024 | 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: - No. 38 fast food restaurant was changed from 266/282 to 308/326
- No. 43 fast food was changed from 266/282 to 308/326
- No. 44 restaurant/cafeteria was changed from 281/293 to 325/340
- No. 46 restaurant was changed from 281/293 to 325/340
- No. 49 other - restaurant/bar was changed from 281/293 to 325/340
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.
| | BPS | Yes | 12/1/2028 | |
| | | 12/18/2024 | Oregon's Energy Facility Siting Council (Council) requests public comment on proposed amendments to the reorganization of application information requirements affecting OAR 345, divisions 021 through 024. The proposed rule language pulls application information requirements from division 021 and places those information requirements next to their associated Council standards in divisions 022 through 024. The goal is to reduce the number of places a reader needs to review to decide what information needs to be submitted for Council to conclude that a given standard has been met. Please note that this rulemaking is not an attempt to update the application information requirements themselves, just to move them to a more logical location. The substance of the application information requirements will be examined in future rulemakings as part of the “Phase 3" effort to update the rules that govern EFSC's siting process. The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database. PUBLIC COMMENTS
A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 p.m. on Wednesday February 5, 2025. ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. To comment on this project, select “Application Process Phase 2" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written comments may also be submitted by mail or email to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov
RULEMAKING HEARING
An opportunity for oral comments will be provided at a rulemaking hearing on January 17, 2025, at approximately 9:00 a.m. You have two options to attend the hearing: In Person
Oregon Department of Energy
Meitner Room, First floor
550 Capitol St. NE
Salem, OR 97301 Remote Access
Join via Webex
Passcode: EFSC
Or call in: +1-650-479-3208
Phone Conference ID: 2660 854 4117 ADDITIONAL INFORMATION
If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov.
| | AP2 | Yes | 12/1/2028 | |
| | | 12/16/2024 | ODOE will host a virtual rulemaking hearing to accept oral testimony on amendments to the draft rules for the Oregon Rental Home Heat Pump Program. The draft rules reflect temporary amendments to the rules that went into effect in August 2024, as well as a proposed amendment to allow contractors to request reinstatement of rebate funds, in certain situations. These rules will be effective on January 27, 2025
Hearing Details Monday, December 16, 2024 | 10 a.m. Hearing Materials: | | ORHHP | Yes | 12/1/2028 | |
| | | 11/13/2024 | 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 AM
Location: Virtual via Webex
Join Meeting via Webex
Webinar number: 2660 731 7362
Webinar password: energy (363749 when dialing from a phone or video system)
Join by phone: +1-650-479-3208
Access code: 266 073 17362
Materials: Draft Oregon-specific amendments to ASHRAE Standard 100:
Submit written comments to: Email: wendy.simons@energy.oregon.gov
Mailing address:
Oregon Department of Energy
Attention: Building Performance Standards Program
550 Capitol St. NE, 1st Floor
Salem, OR 97301
| | BPS | Yes | 12/1/2028 | |
| | | 10/29/2024 | ODOE staff have filed permanent rules with the Secretary of State establishing the Energy Efficient Technologies Information and Education Grant Program, marking the conclusion of this rulemaking. The program will provide grants for projects delivering information and technical training to new and existing workers and contractors to conduct energy efficient installations and renovations. The rules lay out program processes for the distribution of funding from the Energy Efficient Technologies Information and Training Fund established by House Bill 3409 (2023). ODOE made minor changes to the draft rules that were published in the hearing notice for clarification and to fix typographical errors; these changes are noted in the rule summaries in the final filing with the Secretary of State. Additionally, ODOE made the following changes to the draft rules in response to either public comments or recent experiences in other ODOE incentive programs: - OAR 330-290-0060(2): Added language specifying that the Department may consider awarding additional administrative costs where an applicant can demonstrate that those costs are essential to implementing a successful program and that ODOE may provide further guidance about ineligible administrative costs in the funding opportunity announcement.
- OAR 330-290-0100(3): Changed language specifying that grantees must repay funds not used in accordance with the performance agreement to instead allow for discretion by the Department in situations where, for instance, a grantee has misinterpreted a rule or performance agreement requirement.
| | EETIG | Yes | 12/1/2028 | |
| | | 10/15/2024 | 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 | | BPS | Yes | 12/1/2028 | |
| | | 9/26/2024 | The Oregon Department of Energy will hold a public hearing on Thursday, September 26, 2024 at 10 a.m. to receive public comments on rules establishing the Energy Efficient Technologies Information and Education Grant Program. The program will provide grants for projects delivering information and technical training to new and existing workers and contractors to conduct energy efficient installations and renovations. The draft rules lay out program processes for the distribution of funding from the Energy Efficient Technologies Information and Education Fund established by House Bill 3409 (2023). In addition to the opportunity to present comments at the public hearing, you may submit comments by email or mail to the addresses listed below. The public comment period will close on September 26, 2024, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Materials: Submit written comments to: Email: wendy.simons@energy.oregon.gov Mailing address:
Oregon Department of Energy
Attention: Energy Efficient Technologies Grant Program
550 Capitol St. NE, 1st Floor
Salem, OR 97301
Public Hearing Details: Date/Time: Thursday, September 26, 2024 10:00 am
Location: Virtual via Webex
Join Meeting via Webex: https://oregondepartmentofenergy.webex.com/oregondepartmentofenergy/j.php?MTID=mc12b7b7e073f2b320459666c649717a3
Webinar number: 2662 779 5970
Webinar password: energy (363749 when dialing from a phone or video system)
Join by phone: +1-650-479-3208 United States Toll
Access code: 266 277 95970
| | EETIG | Yes | 12/1/2028 | |
| | | 9/26/2024 | A Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its second meeting virtually on Thursday, September 26, 2024, from 9 a.m. to 12 p.m. The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting.
| | EFSC24 | Yes | 12/1/2028 | |
| | | 9/20/2024 | At its meeting on September 20, 2024, the Energy Facility Siting Council adopted updates to the rules governing its contested case process. This update to the rules – found in Division 15 of OAR 345, Rule 400 through 480 – does five things: - Reorders and reorganizes the rules to better match the flow of the contested case process.
- Updates the rules to reflect adoption of the Office of Administrative Hearing's model rules for contested cases.
- Improves the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
- Improves the clarity of the rules by providing or enhancing definitions where appropriate. This includes changes designed to enhance the readability of the rules, such as a reduced use of acronyms.
- Improves the efficiency of the contested case process by providing additional guidance to all parties and prospective parties who are affected by these rules.
The permanent rules became effective on October 1, 2024. The revised rules are available from the Secretary of State's Oregon Administrative Rules Database.
| | ConCase | Yes | 12/1/2028 | |
| | | 9/11/2024 |
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: | | BPS | Yes | 12/31/2026 | |
| | | 9/4/2024 | The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, September 4, 2024 at 1 p.m. | | BPS | Yes | 12/1/2026 | |
| | | 8/28/2024 | Building Performance Standards Tier 2 Advisory Committee Meeting to be held Wednesday, August 28 at 1 p.m.
| | BPS | Yes | 12/1/2028 | |
| | | 8/23/2024 | The Oregon Department of Energy filed final rules with the Secretary of State on August 23, 2024. The rulemaking amended language to align the rules with legislative changes and assist in the implementation of these changes. The changes related to advance disbursement of grant funds, changing from a single preliminary advance disbursement to two advance disbursements with differing requirements, and amending several definitions. The rulemaking went into effect September 16, 2024.
| | CREP2024 | Yes | 8/23/2028 | Completed |
| | | 8/23/2024 | The
Oregon Department of Energy filed temporary rules with the Secretary of State
on August 23, 2024. This rulemaking facilitated access to incentives that
benefit members of federally recognized Tribes that opted not to pursue a grant
through the Community Heat Pump Deployment Program. The temporary rules were
effective from August 26, 2024 through February 14, 2025.
| | ORHHP | No | 12/31/2028 | Completed |
| | | 8/22/2024 | The Oregon Department of Energy will hold a virtual meeting on Thursday, August 22 to discuss proposed administrative rules for the Energy Efficient Technologies Information and Education Grant Program. The program will provide grants for projects delivering information and technical training to new and existing workers and contractors to conduct energy efficient installations and renovations. The proposed rules will lay out program processes for the distribution of funding from the Energy Efficient Technologies Information and Education fund established by HB 3409 (2023). The Oregon Department of Energy is seeking feedback from the public on the proposed administrative rules. Written comments on the proposed rules can be provided to the program team via email and should be submitted by 5 p.m. Friday August 23, 2024. A recording of the August 22 public meeting and the presentation will be made available following the meeting.
Meeting Details: Date/Time: Thursday, August 22, 2024 | 11:00 AM Location: Virtual via Webex
| | EETIG | Yes | 12/1/2028 | |
| | | 8/21/2024 | The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, August 21, 2024 at 1 p.m. | | BPS | Yes | 12/1/2028 | |
| | | 8/5/2024 | The Oregon Department of Energy filed final rules with the Secretary of State on August 5, 2024. The rulemaking adjusted annual reporting requirements for entities awarded a grant under the program, improved the clarity of the rules, and allowed for allocation of the entirety of the fund. Additionally, a rule was added that allows for an amendment to a performance agreement, which will allow for adaptability of the program, when necessary. The rulemaking went into effect August 6, 2024.
| | CHPD | Yes | 8/5/2028 | Completed |
| | | 7/30/2024 | The Energy Facility Siting Council (Council) requests public comment on proposed amendments to its reactor reporting rules found at OAR 345-030-0010.
Oregon State University and Reed College both operate Training, Research, Isotopes and General Atomic (TRIGA) Class nuclear research reactors. Like other nuclear installations, the research reactors operate under licenses issued by the Nuclear Regulatory Commission, and the Council provides state level monitoring and oversight of the facilities as provided by their site certificates and the administrative rules in OAR chapter 345, division 030. This rulemaking is intended to increase consistency with federal reporting and notification requirements.
This rulemaking modifies the annual reporting deadline for operators of research reactors and the timing of reporting done due to certain types of incidents that may occur.
PUBLIC COMMENTS
A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on Monday August 26, 2024, to be considered.ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed at: https://odoe.powerappsportals.us/SitingPublicComment/To comment on this project, select “Reactor Reporting Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment.Written comments may also be submitted by mail or email by sending them to:EFSC Rules Coordinator Oregon Department of Energy 550 Capitol St. NE Salem, OR 97301 Email: EFSC.rulemaking@energy.oregon.govRULEMAKING HEARING There is currently no public hearing scheduled for this rulemaking.
ADDITIONAL INFORMATION If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov.
Files: | | Reactor | Yes | 12/31/2028 | |
| | | 7/30/2024 | The Energy Facility Siting Council (Council) requests public comment on proposed amendments to the carbon monetary offset rule found at OAR 345-024-0580. Council has been directed in statute (ORS 469.503(2)(c)(C)) to set a carbon monetary offset rate that is based on the empirical evidence of the cost of carbon offsets. Based on an analysis of the market rate for carbon offsets, this rulemaking increases the existing carbon monetary offset rate by approximately fifty percent.PUBLIC COMMENTSA public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on Monday August 26, 2024, to be considered.ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed at: https://odoe.powerappsportals.us/SitingPublicComment/ To comment on this project, select “Carbon Monetary Offset" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment.Written comments may also be submitted by mail or email by sending them to:EFSC Rules Coordinator Oregon Department of Energy 550 Capitol St. NE Salem, OR 97301 Email: EFSC.rulemaking@energy.oregon.govRULEMAKING HEARING An opportunity for oral comments will be provided at a rulemaking hearing on August 23, 2024, at approximately 8:45 am. You have two options to attend the hearing:In Person Maxwell Event Center 145 N. First Place Hermiston, OR 97838Remote Access Join on your computer, mobile app (WebEx), or room device: https://tinyurl.com/Aug2024EFSC| Passcode: EFSCOr call in (audio only): +1 408-418-9388| Phone Conference ID: 233 0592 5172ADDITIONAL INFORMATION If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov.
Files:
| | Carbon2024 | Yes | 12/31/2028 | |
| | | 7/19/2024 | At its meeting on July 19, 2024, the Energy Facility Siting Council initiated formal proceedings to adopt proposed amendments to the reactor reporting rules found in OAR 345 Division 30 Rule 0010. Please see the staff reports and materials below for additional information.July 19 2024, Council Meeting, Agenda Item E | | Reactor | Yes | 12/31/2028 | |
| | | 7/19/2024 | At its meeting on July 19, 2024, the Council initiated formal proceedings to adopt proposed amendments to the Carbon Monetary Offset Rules found in OAR 345 Division 24 Rule 0580. Please see the staff reports and materials below for additional information.July 19 2024, Council Meeting, Agenda Item D
| | Carbon2024 | Yes | 12/31/2028 | |
| | | 7/17/2024 | The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, July 17, 2024 at 1 p.m. Join meeting via Webex
Or
Join by phone: 408-418-9388
Webinar number (access code): 2344 611 8614
Webinar password: energy (363749 from phones)
| | BPS | Yes | 12/1/2026 | |
| | | 7/9/2024 | ODOE is accepting written comments on amendments to the administrative rules for the Oregon Rental Home Heat Pump Program. You can submit your comments by email or mail to the addresses listed below. The public comment period will close on July 26, 2024, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Materials: Email: Community.HeatPump@energy.oregon.gov Mailing address:
Oregon Department of Energy
Attention: Community Heat Pump Deployment Team, Energy Development Services Division
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information:
Sign up to receive future email updates about the program and the rulemaking. For more information, contact: Community.HeatPump@energy.oregon.gov.
| | ORHHP | Yes | 12/1/2028 | |
| | | 6/26/2024 | The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, June 26, 2024 at 1 p.m. Join meeting via Webex
Or
Join by phone: 408-418-9388
Webinar number (access code): 2347 802 8461
Webinar password: energy (363749 from phones)
| | BPS | Yes | 12/1/2026 | |
| | | 6/26/2024 | A Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project has been formed and will hold its first meeting virtually on Wednesday, June 26, 2024, from 10 a.m. to 12 p.m. The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting.
Meeting Materials:
| | EFSC24 | Yes | 12/1/2028 | |
| | | 6/26/2024 | ODOE is accepting written comment on amendments to the administrative rules for the Community Heat Pump Deployment Program. The draft rules reflect changes initially proposed in April, 2024. You can submit your comments by email or mail to the addresses listed below. The public comment period will close on July 22, 2024, at 5 p.m. Comments received after this date will not be considered in the rulemaking process.
Materials: Email: community.heatpump@energy.oregon.gov
Mailing address:
Oregon Department of Energy
Attention: Community Heat Pump Deployment Team, Energy Development Services Division.
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information:
Sign up to receive future email updates about the program and the rulemaking. For more information, contact: community.heatpump@energy.oregon.gov.
| | CHPD | Yes | 12/1/2028 | |
| | | 6/26/2024 | ODOE is accepting written comment on amendments to the administrative rules for the Community Renewable Energy Grant Program. The draft rules reflect changes initially proposed in June, 2024. You can submit your comments by email or mail to the addresses listed below. The public comment period will close on August 6, 2024, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Materials: Email: community.grants@energy.oregon.gov
Mailing address:
Oregon Department of Energy
Attention: Community Renewable Energy Grants Team, Energy Development Services Division.
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information:
Sign up to receive future email updates about the program and the rulemaking.
For more information, contact: community.grants@energy.oregon.gov
| | CREP2024 | Yes | 12/1/2028 | |
| | | 6/16/2024 | The Oregon Department of Energy filed final rules with the Secretary of State on June 16, 2024. The rulemaking added a new residential building code in the eligibility requirements for incentives for residential structures. The rulemaking went into effect June 14, 2024.
| | WPR | Yes | 6/16/2028 | Completed |
| | | 6/16/2024 | The
Oregon Department of Energy filed final rules with the Secretary of State on
June 16, 2024. The rulemaking added a new residential building code in the
eligibility requirements for incentives for residential structures. The
rulemaking went into effect June 14, 2024.
| | EEWR2024 | Yes | 12/31/2028 | Completed |