Chapter 26 Oregon Laws 2008 Special Session
AN ACT
HB 3612
Relating to state agency energy use; creating new provisions; amending
ORS 276.900, 276.905 and 276.915; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 276.900 is amended to read:
276.900. It is the
policy of the State of Oregon that facilities to be constructed or purchased by
authorized state agencies be designed, constructed, renovated and operated so
as to minimize the use of [nonrenewable]
energy resources and to serve as models of energy efficiency.
SECTION 2.
ORS 276.905 is amended to read:
276.905. As used in ORS
276.900 to 276.915, unless the context requires otherwise:
[(1) “Alternative energy system” means solar, wind, geothermal, heat
recovery or other systems which use a renewable resource and are
environmentally sound.]
(1) “Alternative
energy system” means an environmentally sound energy system that uses power
derived from renewable resources including, but not limited to, the sun, wind,
geothermal sources and heat recovery.
(2) “Authorized state
agency” means [any] a state
agency, board, commission, department or division that is authorized to finance
the construction, purchase or renovation of [buildings or other structures] a facility that is or will [to] be used by the State of
(3) “Cost-effective”
means that an energy resource, facility or conservation measure during its life
cycle results in delivered power costs to the ultimate consumer no greater than
the comparable incremental cost of the least cost alternative new energy
resource, facility or conservation measure. Cost comparison shall include, but
need not be limited to:
(a) Cost escalations and
future availability of fuels;
(b) Waste disposal and
decommissioning costs;
(c) Transmission and
distribution costs;
(d) Geographic, climatic
and other differences in the state; and
(e) Environmental
impact.
(4) “Energy conservation
measure” means a measure primarily designed to reduce the use of [nonrenewable] energy resources in a [state-owned] facility.
(5) “Energy consumption
analysis” means the evaluation of all energy systems and components by demand
and type of energy including the internal energy load imposed on a major
facility by its occupants, equipment and components and the external energy
load imposed on a major facility by the climatic conditions of its location. “Energy
consumption analysis” includes, but is not limited to:
(a) The comparison of a
range of alternatives that is likely to include all reasonable, cost-effective
energy conservation measures and alternative energy systems;
(b) The simulation of
each system over the entire range of operation of a major facility for a year’s
operating period;
(c) The evaluation of
energy consumption of component equipment in each system considering the
operation of such components at other than full or rated outputs; and
(d) The consideration of
alternative energy systems.
(6) “Energy savings
performance contract” has the meaning given that term in ORS 279A.010.
[(6)] (7) “Energy systems” means all utilities, including but
not limited to heating, [air
conditioning, ventilating,] cooling, ventilation, lighting and the
supply of domestic hot water.
(8) “Facility” means
a building or other structure owned or controlled by an authorized state agency
that is used or occupied by employees of the authorized state agency or that is
used for conducting public business.
[(7)] (9) “Major facility” means [any state-owned building having] a facility that has 10,000
square feet or more of usable floor space.
[(8)] (10) “Renovation” means [any] an addition to, alteration of or repair of a facility [which will involve addition to or alteration
of] that adds to or alters the facility’s energy systems, provided
that the affected energy systems account for 50 percent or more of the facility’s
total energy use.
SECTION 3.
ORS 276.915 is amended to read:
276.915. (1) An
authorized state agency may construct or renovate a facility only if the
authorized state agency determines that the design incorporates all reasonable
cost-effective energy conservation measures and alternative energy systems. The
determination by the authorized state agency shall include consideration of
indoor air quality issues and operation and maintenance costs.
(2) Whenever an
authorized state agency determines that [any]
a major facility is to be constructed or renovated, the authorized
state agency shall cause to be included in the design phase of the
construction or renovation a provision that requires an energy consumption
analysis [identifying all reasonable
cost-effective energy conservation measures and alternative energy systems]
to be prepared for the facility under the direction of a professional engineer
or licensed architect or under the direction of a person that is
prequalified in accordance with this section. The authorized state
agency and the State Department of Energy shall agree to the list of energy
conservation measures and alternative energy systems [to be analyzed] that the energy consumption analysis will
include. The energy consumption analysis and facility design shall
be delivered to the State Department of Energy during the design development
phase of the facility design. The State Department of Energy shall review the energy
consumption analysis and forward its findings to the authorized state
agency within 10 working days after receiving the energy consumption
analysis, if practicable.
(3) The State Department
of Energy, in consultation with [the
Oregon Department of Administrative Services and the
(a) Include a simplified
and usable method for determining which energy conservation measures and
alternative energy systems are cost-effective. The method shall reflect the
energy costs of the utility serving the facility.
(b) Prescribe procedures
for determining if a facility design incorporates all reasonable cost-effective
energy conservation measures and alternative energy systems.
(c) Establish fees
through which an authorized state agency will reimburse the State Department of
Energy for [its] the department’s
review of energy consumption analyses and facility designs and [its] the department’s reporting
tasks. [Such] The fees imposed
[shall] may not exceed 0.2
percent of the capital construction cost of the facility[. The fees shall] and must be included in the energy
consumption analysis required in subsection (2) of this section. The State
Department of Energy may provide for a waiver of fees and reviews if the
authorized state agency demonstrates that the facility will be designed and
constructed in a manner that incorporates only cost-effective energy
conservation measures or in a manner that exceeds the energy conservation
provisions of the state building code by 20 percent or more.
(d) Periodically define
highly efficient facilities. A facility constructed or renovated after June 30,
2001, shall exceed the energy conservation provisions of the state building
code by 20 percent or more, unless otherwise required by rules adopted under
this section.
[(e) Require an authorized state agency to reduce the amount of use of
nonrenewable energy by at least 10 percent from the amount used by the state
agency in the 2000 calendar year.]
(e) Establish
guidelines for implementing subsection (4) of this section.
(f) Establish guidelines
for incorporating energy efficiency requirements into lease agreements of 10 or
more years to be phased in as current lease agreements expire or as new lease
agreements are entered into, allowing reasonable time for the owner to
implement the requirements of this section.
(g) Establish criteria
by which the State Department of Energy determines that a person is
prequalified to perform work in accordance with this section.
(4) Before June 30,
2015, an authorized state agency shall reduce the total amount of energy the
authorized state agency uses in the authorized state agency’s owned facilities
by at least 20 percent from a baseline amount the State Department of Energy
determines by rule based on usage in calendar year 2000.
(5) An authorized state
agency shall report annually to the State Department of Energy concerning
energy use in the authorized state agency’s facilities. The State Department of
Energy shall specify by rule the form and content of and deadlines for the
reports.
(6) [The State Department of Energy shall require
state agencies] An authorized state agency that [fail] fails to achieve and
maintain a [10 percent reduction on and
after June 30, 2003,] 20 percent reduction in energy use on and after
June 30, 2015, shall [to] submit
biennial energy conservation plans to the State Department of Energy. The State
Department of Energy shall specify by rule the form and content of and
deadlines for the energy conservation plans.
(7) The State
Department of Energy by rule may require mandatory prequalification as a
condition for a person to submit a bid or proposal to perform the following
work for an authorized state agency:
(a) Direct an energy
consumption analysis for an authorized state agency under subsection (2) of
this section, unless the person is a licensed professional engineer or
architect;
(b) Enter into an energy
savings performance contract; or
(c) Perform energy
audits, building commissioning, monitoring and verification services and other
services related to the operation and management of a facility’s energy
systems, except for architectural, engineering and land surveying services as
defined in ORS 279C.100.
(8) The State Department
of Energy may recover from authorized state agencies the costs associated with
administering the provisions of this section, including costs associated with
adopting rules, maintaining a state energy use database and prequalifying a
person under this section.
[(4)] (9) The State Department of Energy, the Oregon
Department of Administrative Services and the Oregon University System shall
jointly prepare a biennial report summarizing the progress toward achieving the
goals of this section. The biennial report shall be made available to the
public.
SECTION 4. (1)
The amendments to ORS 276.900, 276.905 and 276.915 by sections 1 to 3 of this
2008 Act become operative 90 days following the effective date of this 2008
Act.
(2) The Director of the
State Department of Energy may take any action before the operative date set
forth in subsection (1) of this section that is necessary to enable the
director to exercise, on and after the operative date, all the duties,
functions and powers conferred on the director by the amendments to ORS
276.900, 276.905 and 276.915 by sections 1 to 3 of this 2008 Act.
SECTION 5. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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