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Rulemaking for 1.5% Green Energy Technology in Public Buildings

Implementation of 2013 House Bill 3169

Rulemaking Overview

The 2013 Oregon Legislature passed House Bill 3169, which updates the existing requirement for a public body constructing or renovating a building to spend 1.5% of the total contract price on green energy technology. HB 3169 became effective immediately upon passage July 2, 2013.
HB 3169 updates the following elements of the 1.5% green energy technology requirement. In some cases, the updated requirements had already been established by administrative rule.
  • Eligible and ineligible technologies
  • On- and off-site installation options
  • Deferral of funds to a future project
  • Reporting requirements
The Oregon Department of Energy conducted rulemaking to align the administrative rules with the changes included in House Bill 3169. During this rulemaking, ODOE staff also made editorial changes to the existing rule language in order to clarify the process that public bodies must follow to comply with the requirement. ODOE filed final revised rules om December 23, 2013.

Permanent Rules

Permanent rules filed for 1.5 Percent Green Energy in Public Buildings

The Oregon Department of Energy filed permanent rules for 1.5 Percent Green Energy in Public Buildings Monday, Dec. 23, 2013. The rule amendments are in effect upon filing Dec. 23, 2013.

These permanent rule amendments revise the requirements for public bodies to spend 1.5 percent of the total contract price for the construction, renovation or major remodel of a public building, pursuant to House Bill 3169 passed by the 2013 Oregon Legislative Assembly. Amendments relate to requirements for installing green energy technology at an alternate site, deferring funds to a future project, and reporting project information. Additionally, amendments include editorial changes to clarify the roles and process for determining if green energy technology is appropriate at a site. A new section describing outreach to public bodies is adopted.

Rulemaking Meetings

Public Hearing
Wednesday, December 11, 2013
9 a.m.
Oregon Department of Energy
625 Marion St. NE
Salem, OR 97301
Call-in option:
1-877-336-1829, access code 1073769
Meeting Materials: Stakeholders may provide oral comments on the draft rules at the hearing, and are also encouraged to provide written comments by the deadline of 5 p.m. on December 11, 2013
Advisory Committee Meeting
Monday, October 7, 2013
9 a.m. – noon
Local Government Center, Room 113
1201 Court St NE,
Salem, OR 97301
Call-in option:
1-877-336-1829, access code 1073769
Meeting Materials: Stakeholders are asked to provide written comment on the draft rules by 5 p.m. on October 3. Send comments to kacia.brockman@state.or.us. At the meeting we will review the proposed rule changes, discuss stakeholder feedback, and request stakeholder input on the fiscal impact of the rule changes on state agencies, local governments, the public, and small businesses
Current Program Rules

http://www.oregon.gov/_layouts/images/icpdf.pngCurrent 1.5% Green Energy Technology Rules (OAR 330-135)