Skip to main content

Oregon State Flag An official website of the State of Oregon »

State Agency Energy Savings Program Rulemaking

oregon-shape-image In 2023, the Oregon Legislature passed House Bill 3409, which included several initiatives to increase energy efficiency in existing buildings. Sections 19-21 of the legislation raised the percentage of energy cost savings from efficiency and generation projects that state agencies can retain from 50 percent to 100 percent; cost savings must be deposited in a revolving fund and can only be used for eligible energy and productivity-improving projects.
Summary of Proposed Rule

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.

Statement of Fiscal Impact on Proposed Rule

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.

Any Relevant FAQ Documents

OAR Division 118 – State Agency Energy Savings Program

HB3409 (Sec 19-21)

Rulemaking Advisory Committee Meeting Notes/Recording July 22, 2026 RAC Meeting Minutes
Public Comments Received None received as of yet.

Most Recent Activity
Public comment period is now open through 5:00 p.m. September 25, 2026. Public hearing to be held 1:00 p.m. September 23, 2026. See below for more details.

September 1, 2026: Notice of Proposed Rulemaking Filed and Comments Requested

On August 27, 2026, the Oregon Department of Energy filed a Notice of Proposed Rulemaking with the Oregon Secretary of State for proposed amendments to the rules for administering the State Agency Energy Savings Program.

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:

  • raising the percentage of energy cost savings from efficiency and generation projects that state agencies can retain from 50 percent to 100 percent
  • removing language requiring state agencies to allow their utility to have the right of first refusal for projects under the program
  • streamlining notice and reporting requirements for program participants
  • removing rule language specifying bespoke procurement procedures for the program and clarifies that a state agency that chooses to participate in the program must follow its own and statewide procurement requirements.

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 
Or
Dial in by phone:
503-446-4951
Phone 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 Energy
Attn: Wendy Simons, P&I Rules coordinator
550 Capitol St. NE
Salem, OR 97301


July 22, 2026: State Agency Energy Savings Program Rulemaking Advisory Committee Meeting
The State Agency Energy Savings Program Rulemaking Advisory Committee will meet online Wednesday, July 22, 2026, at 1 p.m.
Join online
Meeting ID: 241 123 550 351 188
Passcode: Pa7WF3ca
Or Call in: 503-446-4951
Phone conference ID: 911 215 039#