330-135-0031 Energy Use Efficiency Performance Requirements (1)(a) A contracting agency may only expend any portion of the amount required under ORS 279C.520(2)(b) on energy use efficiency improvements if the available area-weighted average total solar resource fraction (TSRF) at the site of the public building is 75 percent or less, notwithstanding the conditions presented under subparagraph (b). (b) If the agency is pursuing active or passive solar as a green energy technology and the following conditions exist, then the contracting agency may determine that green energy technology is appropriate for the public building and expend as much as half of the required 1.5% of total contract price expenditure on energy use efficiency in accordance with ORS 279C.527(4)(a). This is due to the site having both been determined to be appropriate for green energy technology, but also meeting the TSRF criteria for some areas of the site under ORS 279C.527(4)(a)(A) for energy use efficiency to be an eligible alternative. (i) Sufficient portions of the available roof area and ground area have a TSRF greater than 75 percent such that the contracting agency can meet at least half of their 1.5 percent expenditure obligation on green energy technology; and (ii) the contracting agency has not yet met and cannot meet their total 1.5 percent of total contract price expenditure obligation using the available area with a TSRF greater than 75 percent; and (iii) the TSRF of the remaining areas are 75 percent or less; and (iv) the contracting agency has requested from the department a technical review of its analysis and determination in accordance with OAR 330-135-0052 (2) Energy use efficiency improvements achieved by designing, engineering and constructing, reconstructing or renovating the public building, or by installing devices, technologies, and other measures must reduce or offset the building’s energy use by the following amounts, as demonstrated by either a performance and energy consumption comparison to the measure-specific prescriptive energy code requirement or by whole building energy modeling prepared under the direction of a licensed professional engineer. The contracting agency shall submit documentation, calculations, energy models, or other information to ODOE as requested to document and demonstrate energy use efficiency improvement. (a) For measure-specific prescriptive comparisons: envelope components, heating equipment, ventilation equipment, air conditioning equipment, domestic hot water equipment, or lighting, performance must be improved beyond the measure-specific prescriptive energy code requirement to reduce annual energy consumption for that equipment or energy end-use by at least 20 percent. Individual components or systems that are improved by this amount meet the performance requirements. (b) For whole-building performance comparisons: (i) For local or special government bodies, the proposed public building must reduce or offset the whole-building’s energy consumption by at least 20 percent as compared to the baseline building. The baseline and proposed buildings must be modeled according to the requirements of the energy code. (ii) For state government bodies, the proposed public building must reduce or offset the whole-building energy consumption by an amount that exceeds the requirements of OAR 330-130 by least 10 percent. The proposed and baseline building must be modeled according to the requirements as defined in the State Energy Efficient Design (SEED) Guidelines. (3) The system(s) used to achieve energy use efficiency must be commissioned by a third-party commissioning agent. Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 297C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, adopt filed 12/20/2017, effective 12/20/2017