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