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 Energy 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 will require many large commercial buildings to enhance energy management practices and implement efficiency measures to meet energy use targets and will be modeled after ASHRAE Standard 100
The program will be administered by the Oregon Department of Energy. ODOE's role will include rulemaking to establish the processes and energy targets to comply with the Oregon BPS as well as managing compliance reporting.
ODOE will be conducting stakeholder outreach to administer this program and hopes to receive input from a variety of perspectives. To support rulemaking, ODOE will establish an advisory committee that includes 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 the department identifies. Please sign up for the Oregon BPS distribution list to help keep you informed of program updates. Key program dates are listed below.
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 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
- 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
Click image to enlarge