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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF ENERGY

 

DIVISION 63

VOLUNTARY BUILDING ENERGY RATING SYSTEMS

330-063-0000

Purpose and Scope

These rules establish requirements of using a voluntary energy performance score system for the purpose of evaluating:

(1) Energy conservation and energy efficiency of new and existing residential buildings in Oregon; and

(2) Energy use in new and existing commercial buildings in Oregon.

Stat. Auth.: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Stats. Implemented: 2009 OL Ch. 750 & ORS 469.703
Hist.: DOE 6-2010, f. & cert. ef. 7-1-10; DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0010

Definitions

For the purposes of these rules, unless otherwise specified, the following definitions shall apply:

(1) “Asset rating” means a representation of the building’s energy efficiency or energy use generated by modeling under standardized weather and occupancy conditions.

(2) “Building” means any enclosed structure created for permanent use as a residence, a place of business, or any other activities whether commercial or noncommercial in character.

(3) “Building energy assessment” means a determination of a building’s energy use and energy efficiency by analyzing the building’s physical systems and assuming certain operational characteristics.

(4) “Commercial building” means a structure of which more than 50 percent of usable square footage is used or intended for use in the exchange, sale, or storage of goods, or the provision of services.

(5) “Department” means the State Department of Energy created under ORS 469.030.

(6) “Director” means the Director of the State Department of Energy appointed under ORS 469.040.

(7) “Energy performance score system” means a technical and administrative framework for producing and reporting metrics that describe the energy consumption, generation and efficiency of a building.

(8) “Home” means a residential building.

(9) “Home energy assessor” has the meaning given that term in ORS 701.527.

(10) “Home energy performance score” has the meaning given that term in ORS 701.527.

(11) “Home energy performance score system” means an energy performance score system designed and used for residential buildings and which meets the requirements of OAR 330-063-0015(1).

(12) “Operational rating” means a representation of a building’s energy use generated by measuring actual energy consumption taking into consideration all physical systems and their operation.

(13) “Physical systems” means any energy-consuming equipment integrated in the building design, function or operation.

(14) “Residential building” has the same meaning as “residential structure” as defined in ORS 701.005.

Stat. Auth.: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Stats. Implemented: 2009 OL Ch. 750 & 469.703
Hist.: DOE 6-2010, f. & cert. ef. 7-1-10; DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0015

Home Energy Performance Score System Requirements

(1) A home energy performance score system must:

(a) Generate a home energy performance score that meets the requirements of section (2);

(b) Generate a home energy performance report that meets the requirements of sections (3) and (4);

(c) Incorporate building energy assessment software, the output of which must be used to derive the information presented on the home energy performance report;

(d) Provide or specify required training in the use of the home energy performance score system for home energy assessors; and

(e) Establish minimum performance standards for quality assurance.

(2) A home energy performance score must be an asset rating that is based on physical inspection of the home or design documents used for the home’s construction.

(3) A home energy performance report must include the following information, which must be presented on a single side of a single page if the report if formatted for printing:

(a) The home energy performance score described in section (2) and an explanation of the score;

(b) An estimate of the total annual energy used in the home in retail units of energy, by fuel type;

(c) An estimate of the total annual energy generated by on-site solar electric, wind electric, hydroelectric, and solar water heating systems in retail units of energy, by type of fuel displaced by the generation;

(d) An estimate of the total monthly or annual cost of energy purchased for use in the home in dollars, by fuel type, based on the current average annual retail energy price of the utility serving the home at the time of the report;

(e) The current average annual utility retail energy price in dollars, by fuel type, used to determine the costs described in subsection (d) of this section;

(f) At least one comparison home energy performance score that provides context for the range of possible scores. Examples of comparison homes include, but are not limited to, a similar home with Oregon’s average energy consumption, the same home built to Oregon energy code, and the same home with certain energy efficiency upgrades.

(g) The name of the entity that assigned the home energy performance score and that entity’s Construction Contractors Board license number if such a license is required by law;

(h) The date the building energy assessment was performed; and

(i) The statement “This report meets Oregon’s Home Energy Performance Score standard.” Reports generated by home energy performance score systems that have not been approved for use in Oregon according to OAR 330-063-0020 may not include this statement.

(4) Additional information that may be presented in a home energy performance report includes, but is not limited to:

(a) A list of recommended energy efficiency upgrades for the building;

(b) A hypothetical home energy performance score representing the score the building would be expected to receive upon completion of the energy efficiency upgrades in subsection (4)(a);

(c) The estimated amount of carbon dioxide equivalent (CO2e) emissions, in metric tons, resulting from the energy used in the home based on the carbon intensity, as reported on the department website, of the electricity provided by the electric utility that serves the home, natural gas and other fuel types used in the home.

Stat. Auth.: ORS 469.703 & 469.040
Stats. Implemented: ORS 469.703
Hist.: DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0020

Review and Approval of a Home Energy Performance Score System

(1)(a) The director will appoint a stakeholder panel to recommend to the director whether to approve home energy performance score systems for use in Oregon.

(b) Members of the stakeholder panel may serve terms up to five years. Members may include but are not limited to:

(A) A chair from the Oregon Department of Energy;

(B) A representative from Energy Trust of Oregon;

(C) A representative from the U.S. Department of Energy;

(D) A representative from a provider of building energy assessment software;

(E) A representative from each home energy performance score system approved for use in Oregon;

(F) A representative from an investor-owned electric utility;

(G) A representative from a consumer-owned electric utility;

(H) A representative from a natural gas utility;

(I) A representative from the residential construction industry;

(J) A representative from the real estate industry;

(K) A representative from the appraisal industry; and

(L) A representative from an entity that provides training for building energy assessments.

(c) In its review of a home energy performance score system, the stakeholder panel must review all required elements of the home energy performance score system listed in OAR 330-063-0015.

(d) The stakeholder panel may recommend to the director criteria for approval of home energy performance score systems, criteria for approval of training and certification programs or work experience, and revisions to OAR 330-063-0015 that specify criteria for content and format of a standard energy metrics label to be included in all home energy performance reports.

(e) The stakeholder panel may develop a charter and operating procedures. The stakeholder panel must provide its recommendations to the director in writing and must include a description of any dissenting views of panel members. Recommendations should be based on consensus when possible.

(2) Except as provided in section (3), home energy performance score systems must meet the requirements of OAR 330-063-0015, be reviewed by the stakeholder panel and be approved by the director prior to being used to assign home energy performance scores to homes in Oregon.

(a) An entity seeking approval for use of a home energy performance score system in Oregon must submit to the department a written request for review and approval. The request must include:

(A) A copy of or an internet link to the building energy assessment software used by the home energy performance score system;

(B) A sample of the home energy performance report generated by the home energy performance score system;

(C) A copy of test results demonstrating the accuracy of the building energy assessment software used by the home energy performance score system; and

(D) Other information that may be necessary for the stakeholder panel to make a recommendation to the director.

(b) Within 120 days of the department’s receipt of a complete request, the stakeholder panel must complete its review of the home energy performance score system and provide its written recommendation to the director. If the stakeholder panel is unable to make a recommendation to the director within 120 days, department staff will make a recommendation to the director.

(c) Within 60 days of the director’s receipt of the stakeholder panel’s recommendation, the director will decide whether the home energy performance score system is approved for use in Oregon and provide that decision, including reasons for denying approval if approval is denied, in writing to the applicant. In deciding whether to approve a home energy performance score system for use in Oregon, the director will consider:

(A) Whether the system meets the requirements for home energy performance score systems in OAR 330-063-0015;

(B) The recommendation of the stakeholder panel, as well as dissenting views raised by one or more panel members;

(C) The test results of the building energy assessment software used by the home energy performance score system;

(D) The degree and nature of use of the system in the marketplace; and

(E) Any other information the director determines is necessary to make a decision whether to approve.

(3)(a) The following home energy performance score systems are approved for use in Oregon until January 1, 2016, without undergoing the review and approval process described in section (2):

(A) Energy Trust of Oregon EPS® in effect May 1, 2014;

(B) U.S. Department of Energy Home Energy Score in effect May 1, 2014; and

(C) Residential Energy Services Network Home Energy Rating System in effect May 1, 2014.

(b) No later than January 1, 2016, home energy performance score systems listed in subsection (3)(a) must meet the requirements of OAR 330-063-0015, and the provider of a home energy performance system listed in subsection (3)(a) must seek approval for the system’s continued use in Oregon by submitting to the department a written request for review and approval according to subsection (2)(a). After the department has received the complete request, the home energy performance system may continue to be used in Oregon until the director has provided a decision whether to approve in writing to the applicant. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c).

(4) The provider of a home energy score system that has been approved for use in Oregon must submit to the department a new written request for review and approval every time a substantive revision is made to the approved system. The request for review and approval must include supporting documentation describing the revision. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). A home energy performance score system that has undergone a substantive revision may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval for the use of the revised system. Substantive revisions include significant changes to the building energy assessment methodology, significant changes to the derivation of the home energy performance score or the scale on which it is presented, and significant changes to the training and quality assurance requirements for home energy assessors.

(5) The department may, at any time, request from the provider of an energy performance score system documentation demonstrating that no substantive revisions have been made to the home energy performance score system since the system was last approved for use in Oregon. The provider must comply with the department’s request within 60 days. If the provider cannot demonstrate that no substantive revisions have been made to the system since it was last approved, the provider must submit to the department a written request for review and approval that includes documentation describing the. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). The system may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval.

Stat. Auth.: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Stats. Implemented: 2009 OL Ch. 750 & ORS 469.703
Hist.: DOE 6-2010, f. & cert. ef. 7-1-10; DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0025

Training Requirements for Home Energy Assessors

Individuals producing home energy performance scores must:

(1) Be certified as a home energy assessor by the Oregon Construction Contractors Board if required by ORS 701.529;

(2) Have completed training in the software program used to produce the score; and

(3) Have successfully completed one of the following training and certification programs:

(a) Training and certification as a Building Performance Institute Building Analyst or Home Energy Professional Energy Auditor;

(b) Training and certification from the Residential Energy Services Network as a Home Energy Rater;

(c) Training and certification from the Oregon Training Institute as a Residential Energy Analyst; or

(d) Other training and certification program or work experience approved by the department. Requests for such approval must be submitted to the department in writing. The department may request information about the training and certification program or work experience from the requestor and will provide an approval decision to the requestor within 120 days of receipt of all requested information.

Stat. Auth.: ORS 469.703 & 469.040
Stats. Implemented: ORS 469.703
Hist.: DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0030

Reporting Home Energy Performance Score Data

Home energy assessors must report to the department, at least annually, in a manner specified by the department, the following information about each home in Oregon to which they assigned a home energy performance score, unless the department is able to obtain the information from another source:

(1) The zip code and city from the home’s site address, but not the street address;

(2) The characteristics of the home that were input into the building energy assessment software; and

(3) All information required by OAR 330-063-0015(3) to be in the home energy performance report.

Stat. Auth.: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Stats. Implemented: 2009 OL Ch. 750 & ORS 469.703
Hist.: DOE 6-2010, f. & cert. ef. 7-1-10; DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

330-063-0040

Energy Performance Score System Standards for Commercial Buildings

(1) Persons producing energy performance scores must have completed training in the building energy assessment software and energy performance score system used to produce the score.

(2) Building energy assessment software used to produce the score must be approved the U.S. Department of Energy.

(3) An energy performance score for an existing commercial building must be an operational rating based upon the actual energy usage of the building and shall utilize utility data.

(4) An energy performance score for a new commercial building must be an asset rating based on the projected energy consumption of the building and may include a physical inspection of the building.

(5) An energy performance score must include an explanation of the score and the assumptions used to derive the score, the date of the score, and the name of the person that produced the score.

(6) Commercial energy use must be displayed in annual Kbtu per square foot as determined by approved energy modeling methods, using standard occupancy profiles for the building type. The annual energy consumption of each fuel (electricity, natural gas, oil, propane, etc) must be displayed in retail units.

(7) Energy performance score reports may include:

(a) A benchmark score based on a similar building built to state building code standards, a similar building that represents Oregon or national average energy consumption, or any other comparable building; and

(b) The estimated amount of carbon dioxide equivalent (CO2e) emissions, in metric tons, associated with the building’s energy consumption based on the carbon intensity, as reported on the department’s website, of the electricity provided by the electric utility that serves the building, natural gas and other fuel types used in the building.

Stat. Auth.: 2009 OL Ch. 750
Stats. Implemented: 2009 OL Ch. 750
Hist.: DOE 6-2010, f. & cert. ef. 7-1-10; DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

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