75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 79
LC 600/SB 79-4
SENATE AMENDMENTS TO
SENATE BILL 79
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
April 8
On page 1 of the printed bill, line 2, after 'buildings '
insert '; and declaring an emergency'.
Delete lines 4 through 27 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + (1) There is created the Task Force
on Energy Performance Scores, consisting of 13 members. The
Governor shall appoint to the task force:
' (a) An owner or manager of a commercial office building;
' (b) A contractor specializing in the construction of
residential structures;
' (c) A contractor specializing in the construction of
commercial structures;
' (d) A representative of the utility industry;
' (e) An architect or an engineer;
' (f) A representative of an organization that provides
financial incentives to building owners;
' (g) A homeowner or a property association manager;
' (h) An individual who studies, advocates for or specializes
in energy efficiency or green building design;
' (i) A representative of a community college as defined in ORS
341.005, a state institution of higher education listed in ORS
352.002 or a private institution of higher learning located in
Oregon;
' (j) A representative of a trade association for the real
estate industry or a related industry;
' (k) A member of, or the representative of an organization for
members of, a licensed building trade that performs work as part
of commercial or residential construction;
' (L) A representative of the Public Utility Commission; and
' (m) A commercial building energy consultant.
' (2) The task force shall:
' (a) Study and evaluate energy use in new and existing
commercial and residential buildings in Oregon;
' (b) Develop recommendations for a voluntary energy
performance scoring system for use in new and existing commercial
and residential buildings; and
' (c) Make recommendations regarding the implementation of a
statewide mandatory energy performance scoring system for new and
existing commercial and residential buildings.
' (3) In carrying out the duties described in subsection (2) of
this section, the task force shall give consideration to the
following:
' (a) Energy performance scoring methods that are used in
Oregon or have been adopted by other municipalities, states or
nations;
' (b) The estimated costs per building to obtain an energy
performance score;
' (c) The identification of a consistent methodology for
determining an energy performance score;
' (d) The reliability of the energy performance score and the
relationship of the score to the goal of reducing energy
consumption in buildings;
' (e) Necessary qualifications or other criteria for persons
responsible for determining the energy performance score of a
building;
' (f) The features for a uniform score publication method to
make scores readily available to potential building purchasers
and the public;
' (g) The ability to compare energy performance scores;
' (h) The availability of state or local governments or private
entities to timely conduct energy performance scores; and
' (i) Any other matters the task force believes would enhance
the creation of an energy performance scoring system.
' (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
' (5) Official action by the task force requires the approval
of a majority of the members of the task force.
' (6) The task force shall elect one of its members to serve as
chairperson.
' (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (8) The task force shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the task force.
' (9) The task force may adopt rules necessary for the
operation of the task force.
' (10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee of the
Legislative Assembly related to energy no later than October 1,
2010.
' (11) The State Department of Energy and the Department of
Consumer and Business Services shall cooperate in providing staff
support to the task force.
' (12) Members of the task force are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the State Department of Energy or the Department
of Consumer and Business Services for purposes of the task force.
' (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
' { + SECTION 2. + } { + The Task Force on Energy
Performance Scores shall make any recommendations for a voluntary
energy performance scoring system described in section 1 (2)(b)
of this 2009 Act in time for the State Department of Energy to
adopt the recommendations by rule no later than July 1, 2010. + }
' { + SECTION 3. + } { + Section 1 of this 2009 Act is
repealed on the date of the convening of the next regular
biennial legislative session. + }
' { + SECTION 4. + } { + Sections 5 to 7 of this 2009 Act
are added to and made a part of ORS chapter 455. + }
' { + SECTION 5. + } { + (1) The Director of the Department
of Consumer and Business Services, in consultation with the
appropriate advisory boards, shall adopt, amend and administer a
code separate from the state building code, to be known as the
Reach Code. The director shall design the code to increase energy
efficiency in buildings that are newly constructed,
reconstructed, altered or repaired.
' (2) The Reach Code shall be a set of statewide optional
construction standards and methods that are economically and
technically feasible, including any published generally accepted
codes and standards newly developed for construction or for the
installation of products, equipment and devices. When adopting or
amending the code, the director, in consultation with the
appropriate advisory boards, shall:
' (a) Review generally accepted codes and standards that
achieve greater energy efficiency than the energy efficiency
required by the state building code; and
' (b) Review technical components of generally accepted
construction documents as the director considers necessary to
address federal, state and local financial incentives and
advances in construction methods, standards and technologies.
' (3) When amending the state building code under ORS 455.030,
the director shall consider whether any of the standards and
methods contained in the Reach Code should be removed from the
Reach Code and adopted in the state building code.
' (4) The inclusion of a standard or method for construction or
for the installation of products, equipment or devices in the
Reach Code:
' (a) Does not alter any licensing or certification
requirements under ORS 446.003 to 446.200, 446.225 to 446.285,
447.010 to 447.156, 460.005 to 460.175, 479.510 to 479.945 or
480.510 to 480.670 or this chapter or ORS chapter 693 or
Department of Consumer and Business Services rules;
' (b) Exempts products, equipment and devices from product
certification requirements under ORS 447.010 to 447.156 and
479.510 to 479.945 and the state building code; and
' (c) Requires that a municipality administering and enforcing
a building inspection program under ORS 455.148 or 455.150 must
recognize and accept the standard, method, installation, product,
equipment or device if a person applies to construct,
reconstruct, alter or repair a building in conformance with the
Reach Code. + }
' { + SECTION 6. + } { + The Director of the Department of
Consumer and Business Services, subject to the approval of the
appropriate advisory boards, shall adopt rules establishing
uniform energy conservation standards for inclusion under the
state building code. The director shall design the energy
conservation standards to increase energy efficiency in buildings
that are newly constructed, reconstructed, altered or repaired.
The director shall periodically review the energy conservation
standards of the state building code and propose updates to the
standards as the director considers necessary to reflect changing
technology in energy efficiency and to encourage continual
improvements in building energy efficiency in accordance with
section 7 of this 2009 Act. In reviewing the energy conservation
standards, the director shall consider the target standards
described in the Architecture 2030 organization's 2030 Challenge
and may consider other available nationally recognized energy
conservation standards. + }
' { + SECTION 7. + } { + (1) As used in this section,
'energy efficiency ' means the use of construction and design
standards, construction methods, products, equipment and devices
to increase efficient use of, and reduce consumption of,
electricity, natural gas and fossil fuels in buildings undergoing
new construction, reconstruction, alteration or repair.
' (2) The Director of the Department of Consumer and Business
Services, after consultation with the State Department of Energy
and subject to the approval of the appropriate advisory boards,
shall adopt amendments to the state building code under ORS
455.030 to increase energy efficiency in buildings that are newly
constructed, reconstructed, altered or repaired. In adopting the
amendments, the director shall consider generally accepted model
codes, products and product standards, the Reach Code adopted
under section 5 of this 2009 Act and other available data to
evaluate codes and standards that promote energy efficiency in
buildings.
' (3) The director, in consultation with the appropriate
advisory boards, shall develop a schedule for the periodic review
of energy efficiency standards and shall establish goals for
increasing the level of energy conservation achieved by the use
of energy efficiency standards contained in the state building
code and the Reach Code. In establishing goals and the schedule
for periodic review of standards under this section, the director
shall consider the publication schedule of generally accepted
construction codes and standards. If the director determines that
the adopted review schedule or energy efficiency goals are not
practicable for economic or technical reasons, the director may
amend the schedule or goals as the director considers
appropriate. + }
' { + SECTION 8. + } { + Sections 5 to 7 of this 2009 Act
become operative January 1, 2010. + }
' { + SECTION 9. + } { + (1) The Director of the Department
of Consumer and Business Services, subject to the approval of the
appropriate advisory boards, shall adopt amendments to the state
building code under ORS 455.030 that are reasonably estimated to
achieve:
' (a) An increase in energy efficiency of nonresidential
buildings of between 15 and 25 percent by January 1, 2012,
compared to nonresidential building energy efficiency on the
effective date of this 2009 Act. The director shall design the
code amendments to achieve the energy efficiency increase through
mandatory requirements for the new construction, reconstruction,
alteration or repair of nonresidential buildings. To the extent
the director considers practicable, the director shall base the
requirements on the American Society of Heating, Refrigerating
and Air-Conditioning Engineers standard 90.1-2007 (I-P Edition),
Energy Standard for Buildings Except Low-Rise Residential
Buildings, as amended and in effect on the effective date of this
2009 Act.
' (b) An increase in energy efficiency of residential buildings
of between 10 and 15 percent by January 1, 2012, compared to
residential building energy efficiency on the effective date of
this 2009 Act. The director shall design the code amendments to
achieve the energy efficiency increase through mandatory
requirements that new construction, reconstruction, alteration or
repair of residential buildings uses a greater number of the
energy efficiency techniques described in the Low-Rise
Residential Dwelling Code than the number of techniques required
under that code on the effective date of this 2009 Act.
' (2) The director shall adopt initial rules under this section
in time for the rules to become effective on January 1, 2010. + }
' { + SECTION 10. + } { + Section 9 of this 2009 Act is
repealed January 2, 2012. + }
' { + SECTION 11. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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