330-260-0040 Incentives for Commercial and Public Buildings and Multifamily Housing (1) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $3,000 per eligible structure if: (a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced; (b) The alteration, restoration, or replacement is complete; (c) The structure meets the Oregon Structural Specialty Code in effect as specified by OAR 330-260-0040(5) and as administered by Oregon’s Building Codes Division and local jurisdictions, including all energy efficiency requirements; (d) The commercial or public building, or multifamily housing structure or facility is 25,000 square feet or less in conditioned space; and (e) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including all energy efficiency requirements. (2) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $4,000 per eligible structure if: (a) The structure is located in the same lot or parcel as the original structure being altered, restored, or replaced; (b) The alteration, restoration, or replacement is complete; (c) The structure meets the Oregon Structural Specialty Code in effect as specified by OAR 330-260-0040(5) and as administered by Oregon’s Building Codes Division and local jurisdictions, including all energy efficiency requirements; (d) The commercial or public building, or multifamily housing structure or facility is 25,001 square feet or more in conditioned space; and (e) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including all energy efficiency requirements. (3) An owner of a multifamily housing structure or facility providing housing to low-income households may qualify for an additional incentive to any they may qualify for under OAR 330-260-0040(1) or (2). The incentive will be determined based upon the number of multifamily units in the designed structure being rebuilt. An incentive of $500 per unit is available, not to exceed $18,000 for the property. (4) To be a qualified multifamily housing structure or facility under OAR 330-260-0040(3), the owner or developer must be currently qualified under one of the following programs offered through the Oregon Housing and Community Services Department and be approved for an incentive by the Director of the Oregon Department of Energy: (a) A housing capital funding offering issued through a Notice of Funding Availability. (b) Low Income Housing Tax Credits. (c) Oregon Multifamily Energy Program. (d) Conduit/Pass-Through Revenue Bond Financing Program. (e) Local Innovation and Fast Track Housing Program. (f) Loan Guarantee Program and General Guarantee Program. (g) Oregon Rural Rehabilitation Loan Program. (h) Low Income Weatherization Assistance Program. (i) Wildfire programs developed via HB 5006 of the 2021 Oregon Legislative Session. (5)(a) For building permit applications submitted prior to October 1, 2021, the 2019 Oregon Zero Energy Ready Commercial Code (OZERCC) or applicable statewide alternate methods is in effect. (b) For building permit applications submitted on or after October 1, 2021, the 2021 Oregon Energy Efficiency Specialty Code (OEESC) is in effect. (6) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $5,000 per eligible structure, in addition to the amount they may be eligible to receive under OAR 330-260-0040(1) if: (a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced; (b) The alteration, restoration, or replacement is complete; (c) The structure is participating in an above energy code building program, as specified in OAR 330-260-0040(8); (d) The commercial or public building, or multifamily housing structure or facility is 25,000 square feet or less in conditioned space; (e) Any required inspections have been completed following completion of an above energy code building program; and (f) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including energy efficiency standards. (7) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $6,000 per eligible structure in addition to the amount they may be eligible to receive under OAR 330-260-0040(2) if: (a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced; (b) The alteration, restoration, or replacement is complete; (c) The structure is participating in an above energy code building program, as specified in OAR 330-260-0040(8); and (d) The commercial or public building, or multifamily housing structure or facility is 25,001 square feet or more in conditioned space; (e) Any required inspections have been completed following completion of an above energy code building program; and (f) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including energy efficiency standards. (8) Qualifying above energy code building programs include: (a) Energy Trust of Oregon’s New Buildings Program. (b) Bonneville Power Administration’s Commercial New Multifamily Construction Program. (c) Consumer Owned Utility energy efficiency commercial programs verifying commercial structures are 10 percent more energy efficient or greater than code on a site energy consumption basis. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022