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
Senate Bill 79
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to energy use of buildings.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Building' means a residential or a nonresidential
building.
(b) 'Energy Star program' means the program developed by the
United States Environmental Protection Agency and the United
States Department of Energy pursuant to 42 U.S.C. 6294a.
(2)(a) The State Department of Energy shall adopt an energy
efficiency rating system for buildings that reflects the actual
energy efficiency of buildings.
(b) The department may adopt a rating system for greenhouse gas
emissions or integrate a greenhouse gas emissions rating system
into the energy efficiency rating system adopted by the
department under paragraph (a) of this subsection.
(3) The department may adopt a simplified energy efficiency
rating system that can be used at the time a building is listed
for sale or rent.
(4) The department shall base the energy efficiency rating
system for nonresidential buildings required under subsection
(2)(a) of this section upon the Energy Star program unless the
department finds that the program is not appropriate for Oregon's
needs.
(5) In developing the energy efficiency rating system required
under subsection (2)(a) of this section, the department shall
adopt rules that include, but are not limited to:
(a) Criteria for excluding buildings from the energy efficiency
rating system;
(b) The method by which the rating is determined;
(c) Requirements for reporting the rating so that the rating is
available to potential purchasers of a building; and
(d) Qualifications and other requirements for persons
responsible for determining ratings and assigning ratings to
buildings. + }
SECTION 2. { + The energy efficiency rating system adopted by
the State Department of Energy under section 1 of this 2009 Act
shall be implemented by:
(1) January 1, 2011, for new and existing residential
buildings.
(2) January 1, 2012, for new and existing nonresidential
buildings that have an aggregate floor area of at least 20,000
square feet. + }
SECTION 3. { + (1) The State Department of Energy shall
establish a system of energy performance scores for residential
and nonresidential buildings.
(2) The Director of the State Department of Energy shall
appoint and convene an advisory group to make recommendations
regarding the establishment of energy performance scores for
residential and nonresidential buildings. The advisory group
shall include, but not be limited to, members of the general
public and individuals with experience in real estate and in
energy efficiency.
(3) In establishing an energy performance score, the
department, working with the advisory group, shall consider, but
not be limited to consideration of, the following:
(a) Estimated cost per building to establish energy performance
scores;
(b) Reliability of energy performance scores in helping to
achieve overall energy efficiency goals;
(c) Simplicity and ease of understanding energy performance
scores; and
(d) The success of pilot programs for energy performance scores
and similar energy efficiency rating tools in Oregon and other
states. + }
SECTION 4. { + Section 5 of this 2009 Act is added to and made
a part of ORS chapter 455. + }
SECTION 5. { + (1) As used in this section:
(a) 'Carbon-neutral' means the use of energy conserving
building design, energy generation and carbon offsets to
counteract the effect of greenhouse gas emissions caused by
building operation.
(b) 'Net zero emissions building' means a site for one or more
buildings, that are owned by the same person, that:
(A) Have a net energy consumption of zero on a calendar year
basis; or
(B) Are carbon-neutral on a calendar year basis.
(2) The Legislative Assembly finds that:
(a) Oregon should encourage the achievement of net zero
emissions building construction in this state by January 1, 2030;
(b) It is appropriate for the state to adopt a set of uniform
energy conservations standards designed to achieve, to the extent
practicable, net zero emissions buildings by January 1, 2030; and
(c) Energy conservation standards should be updated
periodically to reflect the effect of changing technology on the
practicability of achieving net zero emissions buildings.
(3) The Director of the Department of Consumer and Business
Services, in consultation with the State Department of Energy,
shall amend the state building code or advisory codes and take
any actions the director finds appropriate to adopt, implement,
administer, enforce and amend economically and technically
feasible standards for the purpose of achieving increases in
building energy efficiency and reductions in commercial and
residential energy consumption, with a goal of achieving net zero
emissions by January 1, 2030.
(4) The director shall adopt and maintain an aspirational code
separate from the state building code or advisory codes. The
aspirational code shall contain any economically and technically
feasible optional standards that might achieve higher energy
efficiency than the standards described in subsection (3) of this
section. The director shall periodically review the standards
described in subsection (3) of this section. The periodic review
shall include, but need not be limited to, consideration of the
aspirational code optional standards for adoption as amendments
to the standards described in subsection (3) of this section.
(5) In carrying out the duties imposed under subsections (3)
and (4) of this section, the director is subject to ORS chapter
183 but, notwithstanding any provision of ORS 446.003 to 446.200,
446.395 to 446.420, 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, is not subject to advisory board advice, approval,
consultation, determinations, evaluations, recommendations or
review. To the extent necessary to carry out subsections (3) and
(4) of this section, the director may:
(a) Amend, approve, modify, reconcile, reject, repeal or
suspend any code, specification or standard of the department or
an advisory board under the state building code or a specialty
code;
(b) Amend, approve, modify, reconcile, reject, repeal or
suspend any policy, practice, program or rule of the department
or of any advisory board; and
(c) Approve, condition, limit, reject or suspend the use of any
material, method or product for building construction.
(6) Notwithstanding ORS 455.125, 455.450 or 455.895, if a
standard adopted under this section conflicts with a standard
imposed by an advisory board, a person complying with the
standard adopted under this section is not subject to any
sanction for violation of the conflicting standard of the
advisory board.
(7) This section does not limit any authority of the director
under ORS 455.525, 455.570 or 455.575. The date described in
subsections (2) and (3) of this section does not limit the
authority of the director to adopt, maintain or amend standards
under subsection (3) or (4) of this section, or act under
subsection (5) of this section, after that date. + }
SECTION 6. { + The Director of the Department of Consumer and
Business Services shall design the amendments to the state
building code and other actions taken by the director under
section 5 (3) of this 2009 Act to ensure the achievement of:
(1) An increase in nonresidential building energy efficiency of
30 percent by January 1, 2012, compared to the nonresidential
building energy efficiency on the effective date of this 2009
Act; and
(2) An increase in residential building energy efficiency of 15
percent by January 1, 2012, compared to the residential building
energy efficiency on the effective date of this 2009 Act. + }
SECTION 7. { + Section 6 of this 2009 Act is repealed January
2, 2012. + }
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