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The Oregon Legislature adopted amendments to the State Agency Energy Savings program under Oregon Laws 2023, chapter 442 (House Bill 3409, sections 19-21), codified in ORS 469.752-.756. House Bill 3409 increased the amount of energy cost savings that a state agency may retain from 50 percent to 100 percent for energy efficiency, cogeneration, and renewable energy generation projects. The state agency's net energy cost savings would go into a revolving fund to be administered by the agency and used for energy efficiency, technology, or infrastructure improvements, rather than reverting to the General Fund as usually required. Additionally, the bill removed the requirement that state agencies provide the utility serving their location the "right of first refusal" to construct or purchase power from a project under the program.
This program was established in 1991, with the most recent rulemaking activity occurring in 1994. To ODOE's knowledge, no state agencies have taken advantage of this program since its inception. The proposed rule language changes would implement the changes made by House Bill 3409 and make several updates to streamline reporting and notification requirements and to reflect current state procurement requirements and practices.
The Oregon Department of Energy expects that the adoption of these rules will have minimal fiscal and economic impact. The program implemented by the rules, the State Agency Energy Savings program, applies to all Oregon state agencies although participation is voluntary. State agencies that choose to participate will benefit by their ability to deposit energy cost savings in a revolving fund for future energy-saving projects while retaining their current budget allocation for energy costs. However, participation will require staff hours to fulfill the notification, reporting, and other administrative costs associated with program participation. The Department anticipates that state agencies will only choose to participate in the program if energy cost savings outweigh these notification, reporting, and administrative costs. Conversations with stakeholders indicate that state agency buildings have a substantial backlog of potential cost-effective energy projects. The program has the potential to increase the number of these projects implemented in the state, causing lower energy bills for state agencies and potentially saving General Fund dollars over time.
ODOE worked with rulemaking advisory committee participants to streamline notification, reporting, and administrative requirements for program participants. However, the economic and administrative impacts for an agency to participate will not be fully apparent until agencies attempt to implement eligible projects and establish revolving funds as provided in these rules. Administrative costs will likely differ among agencies, while initial projects could require more work hours than later projects which will benefit from the learnings in early projects. Some agencies already have experience operating revolving funds for other purposes, while revolving funds will be new for others. ODOE anticipates that future rulemaking may be necessary to fine tune the administrative aspects of the program and keep program implementation costs as low as possible while preserving participant accountability.
OAR Division 118 – State Agency Energy Savings Program
HB3409 (Sec 19-21)
ODOE staff filed permanent rules with the Secretary of State on October 22, 2026, amending the State Agency Energy Savings Program, which marks the conclusion of this rulemaking. No public comments were offered during the public comment period and public hearing. No changes have been made in the final rules to the version that ODOE published in the Notice of Public Rulemaking.The rules are effective October 23, 2026.
The proposed amendments to Oregon Administrative Rules Division 330-118 would implement changes made to the program by House Bill 3409 (2023) in addition to other changes to modernize and simplify program rules which were last amended in 1994. Proposed changes include:
The Oregon Department of Energy will hold a public hearing on the proposed rule amendments on Wednesday, September 23, 2026, at 1:00 p.m. The hearing will be held remotely via Microsoft Teams with the option of joining by telephone. Members of the public may provide oral comments at the hearing or submit written comments to ODOE.
Join the meeting online OrDial in by phone:503-446-4951Phone conference ID: 289 211 677#
Written comments must be received by 5:00 p.m., September 25, 2026. Comments may be submitted by email to wendy.simons@energy.oregon.gov or mailed to:
Oregon Department of EnergyAttn: Wendy Simons, P&I Rules coordinator550 Capitol St. NESalem, OR 97301
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