Building Performance Standards Rulemaking

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).

For more information about individual rulemaking topics, click on the corresponding link below to jump to that item.

Past Rulemaking:

Building Performance Standards Incentive Program Establishment

Summary of Proposed Rule	These rules 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 to the owners of covered commercial buildings under the Building Performance Standard program
Statement of Fiscal Impact on Proposed Rule	Minimal fiscal and economic impact for building owners who choose to apply for incentives, consisting of administrative work to complete a short application form.
Any Relevant FAQ Documents	Final rules filed with the Oregon Secretary of State
Rulemaking Advisory Committee Meeting Notes/Recording	N/A
Public Comments Received	Public comments received
Most Recent Activity	ODOE staff filed permanent rules with the Secretary of State establishing the Oregon Building Performance Standards Incentive Program, marking the conclusion of this rulemaking. The rules are effective August 5, 2025.

August 6, 2025: ODOE Files Permanent Rules Establishing Building Performance Standards Incentive Program
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. > Final rules filed with the Oregon Secretary of State Public comments received
July 1, 2025: Building Performance Standards Incentive Program Rulemaking Public Hearing
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: Hearing Notice and Draft Rules Meeting Recording 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

Building Performance Standards Program Establishment

December 31, 2024: ODOE Files Permanent Rules Establishing Building Performance Standards Program
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. Final rules filed with Oregon Secretary of State Public comments received and ODOE responses Energy Use Intensity Targets
November 13, 2024: Building Performance Standards Rulemaking Public Hearing
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: Hearing Notice and Draft Rules Meeting Recording Draft Oregon-specific amendments to ASHRAE Standard 100: Oregon BPS Draft Rules Section 1-9 Standard 100-2024 Other Appendices A-P Appendix W Participating Campus District Energy Systems Appendix X Investment Criteria Appendix Y Tier 2 Covered Buildings Reporting Requirements Appendix Z Tier 1 Covered Buildings Reporting Requirements EUI Targets - Table 7-2 from Appendix Z EUI Targets Methodology Utility Data Aggregation 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
October 15, 2024: Building Performance Standards Program Rulemaking Advisory Committee Meeting
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 Meeting Presentation 1 Meeting Presentation 2 Meeting Recording
September 11, 2024: Building Performance Standards Rulemaking Public Meeting
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: Agenda Meeting Presentation Draft EUI Targets Meeting Recording Meeting Q&A
September 4, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, September 4, 2024 at 1 p.m. Meeting Agenda Meeting Recording
August 28, 2024: Building Performance Standards Advisory Committee Meeting
Building Performance Standards Tier 2 Advisory Committee Meeting to be held Wednesday, August 28 at 1 p.m. Meeting Presentation Meeting Recording
August 21, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, August 21, 2024 at 1 p.m. Meeting Agenda Meeting Recording
July 17, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, July 17, 2024 at 1 p.m. Meeting Agenda Meeting Recording
June 26, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, June 26, 2024 at 1 p.m. Meeting Agenda Meeting Recording
June 5, 2024: Building Performance Standards Public Rulemaking Meeting
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 Meeting Materials: Agenda Meeting Presentation Draft Rules Tier 2 Advisory Committee Interest Form Meeting Recording
May 22, 2024: Building Performance Standards Rulemaking Advisory Committee
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, May 22, 2024 at 1 p.m. Meeting Agenda Comment Portal Meeting Recording
April 24, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
The Building Performance Standards Rulemaking Advisory Committee will meet on Wednesday, April 24, 2024 at 1 p.m. Meeting Agenda Meeting Recording
February 21, 2024: Building Performance Standards Rulemaking Advisory Committee Meeting
Building Performance Standards Rulemaking Advisory CommitteeWednesday, February 21, 2024 1:30-2:30 Meeting Materials: Meeting Agenda Meeting Presentation Meeting Recording

Resources

To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy at least 72 hours before the meeting at 1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.