75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 600
A-Engrossed
Senate Bill 79
Ordered by the Senate April 8
Including Senate Amendments dated April 8
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Directs State Department of Energy to adopt energy
efficiency rating system to be implemented for residential and
nonresidential buildings by specified dates. - }
{ - Directs Director of State Department of Energy to convene
advisory group to assist in establishing energy performance
scores for residential and nonresidential buildings. - }
{ - Directs Director of Department of Consumer and Business
Services to take certain actions to achieve increases in building
energy efficiency. Directs director to adopt aspirational code
related to building energy efficiency. - }
{ + Creates Task Force on Energy Performance Scores. Directs
task force to submit report to interim committee of Legislative
Assembly by October 1, 2010. Sunsets task force on convening of
next regular biennial legislative session.
Directs Director of the Department of Consumer and Business
Services to adopt Reach Code. Specifies that Reach Code is
alternative to state building code. Requires Reach Code to
provide more energy-efficient construction standards and methods
than state building code.
Directs director to take certain actions to achieve increases
in building energy efficiency.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to energy use of buildings; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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