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