| | | 8/6/2025 | ODOE staff have filed permanent rules with the Secretary of State establishing the Oregon Building Performance Standards Incentive Program, marking the conclusion of this rulemaking. As part of the rulemaking process ODOE invited public comment on the draft rules and made several changes to the draft rules based upon input received, including: - Clarifying that buildings that are exempt from the Building Performance Standard program are not eligible for the incentive program.
- Limiting each building owner to a maximum of two applications and two incentive awards under the program while allowing the Department discretion to increase these limits based upon available funding.
- Deleting a provision giving priority to buildings not in Energy Trust of Oregon service territory while adding a provision giving priority to multi-tenant buildings not in a “qualified utility territory" (a utility serving a multi-tenant building that is not in a “qualified utility territory" would not be required to provide aggregated energy consumption data for a whole building).
- Adding a provision giving priority to multifamily affordable housing as well as a definition of “multifamily affordable housing".
- Deleting language providing that the Department may give priority to applications for Tribal buildings, due to Tribal buildings being outside the scope of the BPS.
- Clarifying language regarding an applicant's ability to request a contested case to appeal a determination by the Department under the program.
The rules are effective August 5, 2025. ODOE expects to publish an opportunity announcement for the incentive program in late August, with the application period open for 45 days, and encourages building owners and others interested in the incentive program to sign up for email notifications. | | BPSIncentive | Yes | 12/1/2028 | |
| | | 7/1/2025 | The Oregon Department of Energy has filed a hearing notice with the Oregon Secretary of State in the Building Performance Standards Incentive Program rulemaking. The proposed rules would implement House Bill 3409 (2023), sections 14(2) and 17, codified as ORS 469.285 (2) and 469.291, that directs the Oregon Department of Energy to establish by rule a program that would award incentives for early and voluntary compliance actions under the Building Performance Standard program. The rules establish eligibility criteria, set incentive rates for different compliance actions on a square foot basis with caps for different categories of buildings, and outline the application, review, performance agreement, and compliance processes for the incentive program. ODOE invites public comment on the draft rules. Incentive awards under the proposed rules would assist the owners of covered buildings with compliance activities such as: energy benchmarking and reporting; development of energy management plans; development of operation and maintenance programs; energy audits; and investments in energy-saving measures to achieve compliance. June 2, 2025, 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 by sending comments to the mail or email addresses below. Comments on these rules will be accepted through Thursday, July 3, 2025, at 5 p.m. After review and consideration of public comments, ODOE plans to file permanent rules to establish the Building Performance Standards Incentive Program in late July, with the application period opening in early August 2025. Public Hearing Details: Date/Time: Tuesday, July 1, 2025 1:00 PM
Location: Virtual via Webex Materials: 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 | | BPSIncentive | Yes | 12/1/2028 | |
| | | 6/23/2025 | The Energy Facility Siting Council requests public comments on the proposed changes to its siting amendment rules found in OAR 345 Division 27. Public comments must be received by 5 p.m. on Friday, August 1, 2025.The proposed rulemaking language is intended to, among other things:- Improve the consistency and clarity of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
- Improve the siting amendment process by reducing outdated requirements, such as requiring printed copies of all documents.
- Improving the siting amendment process by removing the need to determine which "track" an amendment process qualifies for and instead making a single track that is more flexible in nature.
- Improving how the public participates in the siting amendment process, by replacing the challenging contested case process with a process that provides the public with quicker feedback on their comments and an opportunity to remedy or improve their comments before the Council considers a Final Order.
There are significant proposed changes to this rule (more than can be listed here). Complete text of the proposed draft rules and other supporting materials are available to download:The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database found at: https://secure.sos.state.or.us/oard/PUBLIC COMMENTS
A public comment period on the proposed rule change is now open. All written comments must be received by 5 p.m. on Friday August 1, 2025, to be considered.
ODOE has an 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 rulemaking project, select “Amendment Rulemaking" from the drop-down menu in the middle of the screen and then 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 HEARINGAn opportunity for oral comments will be provided at a rulemaking hearing on July 18, 2025, at 8:45 a.m. The hearing will be held in person at the Meitner Room on the first floor of the 550 Capitol St. building in Salem, OR 97301.Please visit https://www.tinyurl.com/EFSCRulemaking for more information. ADDITIONAL INFORMATIONIf you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman: tom.jackman@energy.oregon.gov.
| | EFSC24 | Yes | 12/31/2028 | |
| | | 5/28/2025 | The Energy Facility Siting Council and the Nuclear Safety and Emergency Preparedness Team plan to hold their first Rulemaking Advisory Committee (RAC) meeting for the Radioactive Transport Fee rulemaking on May 28, 2025, from 9 -11 a.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 Details:
May 28, 2025 | 9 -11 a.m. | Advisory Committee Meetings | RadTransFee | Yes | 6/1/2027 | |
| | | 4/29/2025 | The Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its third meeting virtually on Tuesday, April 29, 2025, from 1 to 4 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 | 12/31/2028 | |
| | | 4/2/2025 | At its meeting on March 21, 2025, the Energy Facility Siting Council adopted updates to the rules governing the submission of application material required to help the Council determine whether its standards for the siting of energy facilities have been met. This update to the rules – found primarily in Divisions 21 and 24 of OAR 345 – does three things: - Moves application information requirements from OAR 345 Division 21 to the applicable Council standard located in Division 22, 23, and 24.
- Revises exhibit naming to be easier for all parties to understand where relevant application information is located.
- Updated rule references to match the newly amended rules.
Please see the staff reports and materials below for additional information.March 21 2025, Council Meeting, Agenda Item C: | | AP2 | Yes | 4/2/2027 | |
| | | 3/21/2025 | At its meeting on March 21, 2025, Council initiated informal rulemaking proceedings on the Exemption Rulemaking. As laid out in ORS 469.320(2), certain energy facilities may be exempt from the requirement to obtain a site certificate. This rulemaking would evaluate several outstanding policy questions related to exemptions, including: whether the Council may impose conditions on an exemption; ongoing monitoring and reporting requirements for exempt facilities; and the process for loss of an exemption. Staff intends to develop draft language internally and will make this language available for public comment at a future time to be announced. In the meantime, anyone interested in providing staff their thoughts on this rulemaking can reach out to Tom Jackman, EFSC Rules Coordinator, at tom.jackman@energy.oregon.gov.
Please see the staff reports and materials below for additional information.
March 21 2025, Council Meeting, Agenda Item E | | EFSCExemption | Yes | 4/1/2027 | |
| | | 3/21/2025 | At its meeting on March 21, 2025, Council initiated informal rulemaking proceedings on the Modernization Rulemaking. The intended scope of this rulemaking is to consider various ways to modernize the Council and Department's application process, including an examination of hard copy submission requirements, notice requirements—including specific notice requirements for the Department of Defense—and the possibility of requiring applicants and certificate holders to submit GIS data for energy facilities. Staff plans to use this informal rulemaking period to research additional possibilities for minor improvements to the rules throughout Oregon Advisory Rules Chapter 345, focusing on potentially outdated or unnecessary steps and requirements in the siting process. Staff intends to develop draft language internally and will make this language available for public comment at a future time to be announced. In the meantime, anyone interested in providing staff their thoughts on this rulemaking can reach out to Tom Jackman, EFSC Rules Coordinator, at tom.jackman@energy.oregon.gov. Please see the staff reports and materials below for additional information.
March 21 2025, Council Meeting, Agenda Item F | | EFSCModern | Yes | 4/1/2027 | |
| | | 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 | |
| | | 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 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
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 | |
| | | 10/25/2024 | Council voted to adopt amendments to the Carbon Monetary Offset Rules on October 25, 2024. The final rules were filed with the Secretary of State and became operative on October 30.
| | Carbon2024 | Yes | 10/30/2026 | |
| | | 10/25/2024 | Council voted to adopt amendments to the Reactor Reporting Rules
on October 25, 2024. The final rules were filed with the Secretary of State and became operative on October 30.
| | Reactor | Yes | 10/30/2026 | |
| | | 10/25/2024 | The Oregon Department of Energy charges radioactive transport permit holders a fee for each placarded shipment that travels through the state, including both medical and industrial shipments; the fees are set in rule by the Energy Facility Siting Council in OAR 345, Division 60. The fees go primarily toward training first responders and other emergency personnel along the state's transport corridors. Staff are working with the Nuclear Safety and Emergency Preparedness team to update the fee collection process as well as the amounts assessed, which has not happened for over 30 years.
| | RadTransFee | Yes | 10/25/2027 | |
| | | 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
| | 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 | |
| | | 9/20/2024 | The Tribal Government rulemaking is intended to evaluate various options to encourage and improve communication between the applicant and all tribes who might be impacted by the siting of an energy project. The intent of this rulemaking is to identify the most appropriate requirements that balance the often-competing interests of efficiency of process and protection of resources. The outcome will ideally address both of these areas, as identifying important resources earlier in the process can better protect them while simultaneously avoiding unnecessary delays that can result from important resources being brought to light later in the process.
| | EFSCTribalComm | Yes | 9/20/2027 | |
| | | 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 | |
| | | 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 | |
| | | 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 | |