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
ODOE's Role
The program is administered by the Oregon Department of Energy. ODOE's role includes rulemaking to establish the processes and energy targets to comply with the Oregon BPS as well as managing compliance reporting.
ODOE has been conducting stakeholder outreach to administer this program and hopes to continue to receive input from a variety of perspectives. To support rulemaking, ODOE established an advisory committee that included representatives of eligible building owners, tenants of covered commercial buildings, public utilities, organizations with experience in designing or implementing energy efficiency programs, local governments, organizations that focus on environmental justice, and other stakeholders. Please
sign up for the Oregon BPS distribution list to help keep you informed of program updates. Key program dates are listed below.
Stakeholder Engagement
See our Rulemaking page for more information on public rulemaking meetings and hearings.
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 and ODOE rulemaking pages for key administrative rule dates, public meetings, and comment opportunities as they become available.
Key Dates
General Program Timeline
December 31, 2024
| ODOE rulemaking complete
|
July 1, 2025
| - ODOE to notify Tier 1 and Tier 2 building owners
- ODOE to convene Tier 2 stakeholder group
|
Tier 1 Tier 1 Buildings must comply with the BPS by the following dates. Compliance will generally require either meeting energy use intensity (EUI) targets, meeting conditional compliance requirements that ODOE establishes (such as energy audits, energy investments, and energy management plans) or receiving approval for an eligible exemption allowed under HB 3409.
- 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
- 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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