Oregon Building Performance Standards

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.

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:

1. 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

2. 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.

Tier 1

• 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​

A civil penalty the State Department of Energy imposes may not exceed $5,000 plus an amount for the duration of a continuing violation, which may not exceed a daily amount that the department calculates by multiplying $1 per year per square foot of gross floor area of the tier 1 building that is the subject of the department’s notice.

• Oregon's Building Performance Standards

• Oregon's House Bill 3409 for Energy Efficiency in Buildings

• Oregon's Building Performance Standards Public Stakeholder Meeting Presentation

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