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).
The Building Performance Standard policy for commercial buildings addresses energy use and emissions from existing commercial buildings, which account for nearly 20% of energy use in Oregon. It requires many large commercial buildings to enhance energy management practices and implement efficiency measures to meet energy use targets. Oregon’s Building Performance Standard is based on ASHRAE Standard 100-2024, with Oregon-specific amendments. The integrated document – Oregon Building Performance Standard, Powered by ANSI/ASHRAE/IES Standard 100-2024 – includes the modifications for application to Oregon’s program requirements.
See Program FAQs
Program Information
Large commercial building compliance will be phased in based on building size. Additionally, commercial buildings are divided into tiers based on building type:
Tier 1 building means: a building in which the sum of gross floor area for hotel, motel and nonresidential use equals or exceeds 35,000 square feet, excluding any parking garage.
Tier 2 building" means:
- A building with gross floor area, excluding any parking garage, that equals or exceeds 35,000 square feet and that is used as a multifamily residential building, a hospital, a school, a dormitory or university building; or
- A building in which the sum of gross floor area for hotel, motel and nonresidential use exceeds 20,000 square feet but does not exceed 35,000 square feet, excluding any parking garage.
Please continue to refer to this page, the rulemaking page, and the stakeholder engagement page for key administrative rule dates, public meetings, and comment opportunities as they become available.
Compliance Deadlines
Tier 1 covered buildings reporting schedule:
- June 1, 2028 – Tier 1 Buildings equal to greater than 200,000 square feet
- June 1, 2029 – Tier 1 Buildings equal to greater than 90,000 square feet but less than 200,000 square feet
- June 1, 2030 – Tier 1 Buildings equal to greater than 35,000 square feet but less than 90,000 square feet
Tier 2 covered buildings reporting schedule:
- July 1, 2028 – Tier 2 building owners must report energy data to ODOE
- July 1, 2029 – ODOE to evaluate Tier 2 building data
- October 1, 2030 – ODOE to report on recommendations for an energy performance standard for Tier 2 buildings
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Who Needs to Comply
Tier 1 ComplianceThe Building Performance Standard (BPS) is mandatory for Tier 1 covered buildings in the state of Oregon.
Tier 2 ComplianceEnergy reporting and benchmarking is mandatory for Tier 2 covered buildings in the state of Oregon.
How to ComplyTier 1 and Tier 2 buildings have different BPS reporting and compliance requirements.
IncentivesThe BPS incentive program is still under construction. An official rulemaking period will begin shortly.