Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS
Section 330-135-0020 - Subject Building Projects

Universal Citation: OR Admin Rules 330-135-0020

Current through Register Vol. 63, No. 9, September 1, 2024

(1) These rules apply to any permanent building(s) which will be owned, partially owned or controlled by a contracting agency and which is either:

(a) Used for conducting public business; or

(b) Used or occupied by employees of the contracting agency on a regular basis for a significant part of their work.

(2) Subject public building projects are new capital construction projects for which the total contract price is $5,000,000 or more for a single building or a group of buildings on the same site and major renovations for which the total contract price is $5,000,000 or more and at least 50 percent of the insured value of the building.

(3) The amendments to these rules made pursuant to HB 2496 and effective January 1, 2020 apply to procurements that a contracting agency first advertises or otherwise solicits or, if the contracting agency did not advertise or otherwise solicit the procurement, to public contracts into which the contracting agency enters on or after January 1, 2020. Procurement solicitations, procurements or contracts that occur before January 1, 2020 shall be subject to the rules in effect on the date of procurement solicitation or if the contracting agency did not advertise or otherwise solicit the procurement, to public contracts into which the contracting agency enters on the date into which the contract was entered. If an agency will install green energy technology or an eligible alternative under the amendments effective January 1, 2020 in order to meet the 1.5 percent spending obligation for procurements or contracts on or after January 1, 2020, then an agency may also apply that same technology to meet the 1.5 percent obligation for procurements that occurred before January 1, 2020 and are part of the same total contract price. The amendments to these rules effective January 1, 2020 do not nullify or remove any requirement for green energy technology or an alternative that was in effect and applicable before January 1, 2020. For purpose of these rules, "procurement" has the meaning set forth in ORS 279A.010(1)(w).

(4) Public improvement projects that are not buildings are not required to comply with these rules. Projects that are not subject to these rules include, but are not limited to:

(a) Group U occupancies as defined in Section 312 of the 2019 Oregon Structural Specialty Code.

(b) Motor pool lots, parking lots not associated with a building, highways, bridges, sewers, fishponds, fish ways, and similar non-architectural structures.

(c) Buildings that house public industrial processes where only a small portion of the square footage houses employees of the contracting agency, such as: maintenance sheds, and water and waste water facilities including reservoirs, dams, conduit, pipe, pumps, wells, collection basins, pump stations, controls and other buildings primarily used for the purpose of water or waste water treatment.

(5) Airports, as defined in ORS 836.005, are not considered public buildings for the purposes of these rules.

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)

Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)

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