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DEPARTMENT OF ENERGY

 

DIVISION 130
ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES
330-130-0010
Purpose
These rules prescribe
procedures to promote the design, construction and renovation of highly energy efficient
buildings owned and operated by state agencies by:
(1) Minimizing
energy use by incorporating the Optimum Energy Conservation Measures Package as
defined in these rules into the final building design; and
(2) Reducing
agency energy use by 20 percent in existing buildings by the year 2015 compared
to the year 2000.
Stat. Auth.:
ORS 276.900 - 276.915, Ch. 26, OL 2008 HB 3612

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08;
DOE 5-2011, f. & cert. ef. 6-27-11

330-130-0020
Definitions
(1) "Agency"
means the authorized state agency, board, commission, department or division which
has the authority to enter contracts, finance the construction, purchase, renovation,
or leasing of buildings or other structures for use by the State of Oregon.
(2) "Agency
contact" means a lead person appointed by the agency who is responsible to coordinate
all State Energy Efficient Design related business with the Oregon Department of
Energy, such as project notifications, interagency agreements, invoice and payment,
project coordination, guideline updates and advisory recommendations.
(3) "Baseline
building" means the basic building conceived by the agency and the design team.
The baseline building incorporates the standard design features of typical buildings
of the same usage and meets the prescriptive or performance requirements of the
Oregon Energy Efficiency Specialty Code according to criteria established in the
State Energy Efficient Design Program Guidelines.
(4) "Benefit-to-Cost
Ratio (BCR)" means the present value of Energy Conservation Measure benefits divided
by the present value of incremental Energy Conservation Measure costs.
(a) The
Energy Conservation Measure benefit is the difference between the present values
of the operating cost of the baseline building and the operating cost of the baseline
building with the Energy Conservation Measure added.
(b) The
incremental Energy Conservation Measure cost is the difference between the present
values of the capital cost of the baseline building and the capital cost of the
baseline building with the Energy Conservation Measure added.
(5) "Biennial
report" means the report summarizing the progress toward achieving the goals of
ORS 276.900 through ORS 276.915.
(6) Building
Class:
(a) "Class
1 Building" means all:
(A) New
buildings, additions, or renovations of 10,000 or more square feet of heated or
cooled floor area; and
(B) Building
additions that increase the size of an existing building to 10,000 or more square
feet of heated or cooled floor area and renovations to buildings of 10,000 or more
square feet of heated or cooled floor area, which significantly affect:
(i) The
existing mechanical or control system; or
(ii) At
least two of the following energy systems: interior lighting, building envelope,
domestic hot water, or special equipment.
(iii)
Only those systems identified in (i) and (ii) that are significantly affected are
subject to procedures outlined in 330-130-0040.
(b) "Class
2 Building" means all new buildings or renovations of less than 10,000 square feet
of heated or cooled floor area except for new buildings, structures, or facilities
of any size which have no energy using systems.
(7) "Building
model" means a computer model, which calculates annual building energy use. The
Oregon Department of Energy shall approve hourly building models, simplified hourly
building models and the approach to modeling Energy Conservation Measure energy
savings above the baseline building as established in the State Energy Efficient
Design Program Guidelines. The building model for all Class 1 Buildings must be
an hourly building model, except for certain Class 1 buildings as approved by the
Oregon Department of Energy where simplified hourly building modeling or prescriptive
packages established in the State Energy Efficient Design Program Guidelines may
be used.
(8) "Capital
construction cost" means the cost of current and future building investments including
construction, design, administration, major replacement, and salvage values. Costs
of compliance with these rules may also be included.
(9) “Commissioning
agent” is an individual or firm that has demonstrated experience commissioning
Heating, Ventilating, and Air Conditioning (HVAC) mechanical systems and HVAC control
systems, commercial and industrial mechanical technologies, lighting controls, and
testing and balancing of air and water systems.
(10) “Contracting
agency” means the agency entering into a contract for facility construction
or renovation.
(11)
“Department” means the Oregon Department of Energy.
(12) "Design team" means
the architect(s), engineer(s), and other professionals who are responsible for the
design of the new building or renovation.
(13) “Director”
means the director of the department.
(14) “Energy
Use Index (EUI)” is a calculated index that describes a building’s energy
use in relation to a metric, generally square feet, such as kBtu/ft2 –yr or
kWh/ft2 –yr.
(15) "Energy
analysis report" means a report prepared by an energy analyst, under the direction
of a professional engineer or licensed architect, recommending an Optimum Energy
Conservation Measure Package for a Class 1 building. The report must include:
(a) Department
State Energy Efficient Design forms;
(b) A
summary of recommendations;
(c) A
baseline building description;
(d) Energy
Conservation Measure descriptions with analysis results;
(e) Energy
Conservation Measure savings calculations; and
(f) Energy
Conservation Measure cost estimates.
(16) "Energy
analyst" means the individual who prepares the building energy analysis and the
energy analysis report under the direction of a professional engineer or licensed
architect who reports to the project architect or agency.
(17) “Energy
auditor” is an individual or firm that has demonstrated experience performing
comprehensive analysis of a building’s energy using systems, and performs
benefit to cost analysis of energy efficiency measures.
(18) "Energy
Conservation Measure (ECM)" means a measure designed to reduce energy use, including
alternative energy systems which replace conventional fuels with renewable resources.
ECMs must not conflict with applicable codes and other professional standards.
(19) "ECM
Package" means two or more ECMs combined for analysis.
(20) “Energy
Service Company (ESCO)” means a company, firm or other legal person with the
demonstrated technical, operational, financial and managerial capabilities to design,
install, construct, commission, manage, measure and verify, and otherwise implement
ECMs and other work in building systems or building components that are directly
related to the ECMs in existing buildings and structures.
(21) “Energy
Services Performance Contract (ESPC)” means a public improvement contract
between a contracting agency and a qualified energy service company for the identification,
evaluation, recommendation, design, and construction of ECMs, including a Design
Build Contract, that guarantees the energy savings performance.
(22) "Energy
systems performance verification plan" means a plan that outlines how the building's
energy systems are to be tested during the construction phase and how the building's
performance is to be verified with long-term monitoring during occupancy.
(23) “Highly
efficient facility” means a facility that is designed, built and operated
according to these State Energy Efficient Design rules, that makes use of renewable
energy resources where practical, that incorporates all cost-effective energy efficiency
measures, and exceeds the requirements of the Oregon Energy Efficiency Specialty
Code.
(24) “Leadership
in Energy Efficient Design (LEED)” is an internationally recognized green
building certification system, providing third-party verification that a building
or community was designed and built using strategies intended to improve performance
in metrics such as energy savings, water efficiency, greenhouse gas emissions reduction,
improved indoor environmental quality, and stewardship of resources and sensitivity
to their impacts.
(25) “Measurement
and verification (M&V)" means, as used in ESPC Procurement, the examination
of installed ECMs using the International Performance Measurement and Verification
Protocol or process, to monitor and verify the operation of energy using systems
pre-installation and post-installation.
(26) "Net
Present Value Savings (NPVS)" means the difference between the present values of
the capital and operating costs of the baseline building and the capital and operating
costs of the baseline building with the ECM added.
(27) “OEESC”
means the Oregon Energy Efficiency Specialty Code adopted pursuant to OAR 918-460-0500.
(28) "Operating
cost" means the costs for energy, fuel, annual and periodic maintenance, supplies,
consumables, and other operating items associated with ECMs, such as water and sewer,
during the life of the building.
(29) "Optimum
ECM Package" means the ECM package which incorporates all reasonable cost-effective
ECMs and which meets the following conditions:
(a) Each
ECM included in the package has a BCR greater than 1.0 when modeled independently.
(b) The
ECM package has a BCR greater than 1.0.
(c) The
ECM Package has the highest NPVS of the analyzed ECM packages.
(30) “Oregon
Reach Code” is a set of construction standards adopted under ORS 455.490 to
455.595.
(31) "Present
value" means the value of a financial cost or benefit, discounted to current dollars
using discounting factors and methods approved by the department.
(32) “Renewable
energy resource” includes, but is not limited to, on-site generation of energy
for use in the building from the following sources:
(a) Straw,
forest slash, wood waste or other wastes from farm or forest land, nonpetroleum
plant or animal based biomass, ocean wave energy, solar energy, wind power, water
power or geothermal energy; or
(b) A
hydroelectric generating facility that obtains all applicable permits and complies
with all state and federal statutory requirements for the protection of fish and
wildlife and:
(A) That
does not exceed 10 megawatts of installed capacity; or
(B) Qualifies
as a research, development or demonstration facility.
(c) The
purchase of renewable energy certificates does not qualify as a renewable energy
resource.
(33) “SEED”
means State Energy Efficient Design Program as defined in ORS 276.900 through ORS
276.915 under the heading State Agency Facility Energy Design.
(34) "SEED
Program Guidelines" are guidelines developed by the department with assistance from
an advisory committee that consists of representatives from interested agencies,
design professionals, consulting engineers and utilities.
(35) "Simple
payback" means the estimated ECM cost divided by the estimated first year ECM energy,
operating, and maintenance savings.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08;
DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0025
Alternate
Compliance Paths
(1) If an agency
intends to seek LEED certification, or build to the Oregon Reach Code or build to
some other substantially equivalent national standard for a building project the
following shall apply:
(a) The
agency must notify the department in writing of their intention to seek LEED certification,
or build to the Oregon Reach Code or build to a substantially equivalent national
standard. When an agency wishes to build to a substantially equivalent national
standard, the department must agree and certify in writing that the standard is
“substantially equivalent” before the agency can proceed.
(b) The
agency must comply with energy consumption analysis and review requirements of the
SEED Program Guidelines;
(c) The agency must provide
documentation to the department throughout the design, construction and post-occupancy
phases to verify that all SEED requirements are met as specified in the SEED Program
Guidelines; and
(d) Agencies following the
LEED path must achieve a minimum of 12 points in the Energy and Atmosphere Credit
Number 1 Category (Optimize Energy Performance).
(2) A
donated building is exempt from the SEED rules until the agency assumes the title
to the building.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 276.900 - 276.915

Hist.:
DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0030
Notification
When the building
class has been determined during the pre-design or programming phase of a building
project, the following procedures shall be followed:
(1) Class
1 Buildings. Before the design team is selected, the agency and the department may
enter into an interagency agreement which outlines the procedures as shown in OAR
330-130-0040, the hourly rates to be charged by the department and the related statement
of work. The agency contact shall coordinate with the department to set-up the initial
meeting early in the pre-design or programming phase of a building project. The
interagency agreement may include expanded services under OAR 330-130-0040(9).
(2) Class
2 Buildings. The agency shall contact the department for consultation and request
a list of recommended ECMs and services applicable to the building.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2003, f. & cert. ef. 1-10-03;
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0040
Procedures for Class 1 Buildings
(1) The SEED
process follows typical design process steps as the organizing principle. If the
agency is accustomed to using different phases or terminology, or if the project
does not fit the suggested steps, an alternative plan may be developed between the
department and the agency.
(2) Meetings
in this section of these rules may be eliminated or combined with other meetings
as deemed appropriate by the department.
(3) Pre-Design
or Programming Phase. The purpose of the SEED process is to ensure early involvement
so energy efficiency is an integral part of the building design.
(a) Initial
Meeting. Early in the pre-design or programming phase, the agency and the department
shall meet to:
(A) Discuss
the scope of the project;
(B) Define
the role of the department including, but not limited to, the level of involvement,
decision authority on behalf of the owner, and relationship with contractors. The
department shall be notified of all meetings where significant review of or final
decisions about energy systems are anticipated.
(C) Develop
the request for proposal (RFP) and contract. The RFP and the contract's statement
of work must include a reference to building a “highly efficient facility”
as defined in these rules and to the SEED process. The department may develop language
the agency may use to include energy efficient design in the request for proposals
and the contract for architectural and engineering services. Upon request, the department
will review or comment on the RFP, contract or energy qualifications of proposals
as an expanded service under section (9).
(D) The
agency must hire an energy analyst as described in OAR 330-130-0090(2)(a).
(b) Schematic
Design Phase:
(A) Energy
Planning Session. Early in the Schematic Design Phase, the agency, design team,
department and energy analyst shall meet to further define the items in the list
below:
(i) Project
design;
(ii) Construction
schedule;
(iii)
Energy goals of the project
(iv) Design
criteria;
(v) Integrated
energy design approach;
(vi) Energy
systems performance verification plan; and
(vii)
Modeling approach.
(B) Preliminary
Investigation. Working with the agency and the design team, the energy analyst must
prepare a comprehensive list of ECMs to capture significant opportunities for building
energy savings. Two weeks before the scoping process (under section (2)(c)), the
agency must deliver to the department the following items:
(i) Description
of the baseline building and its energy-using systems;
(ii) List
of proposed ECMs;
(iii)
Approach and tools for modeling;
(iv) Initial
plans;
(v) Design
intent;
(vi) Description
of operating criteria; and
(vii)
Results of preliminary modeling effort, if any.
(c) Scoping
Process. The department, the agency, the design team, and the energy analyst shall
select the ECMs for analysis. If needed, further refinement of the modeling effort
may be discussed and decided upon.
(4) Design
Development Phase:
(a) Baseline
and individual ECM analysis. The energy analyst shall use the building model for
baseline building analysis and individual ECM analysis. The energy analyst may use
fully documented manual calculations for simple, non-interactive ECMs and may eliminate
potential ECMs with preliminary estimates of costs and savings if the simple payback
is greater than the equipment life.
(b) Metering
Plan. The agency, in consultation with the energy analyst, the design team and the
department, must specify what types of utility meters are to be installed and what
system is to be used to monitor the building's energy use. Where practical, sub-metering
shall be provided on major energy-using equipment or systems. This Metering Plan
must be incorporated in the energy systems performance verification plan.
(c) Interim
Submittal and Review. Two weeks before the ECM Review Meeting, the agency must submit
to the department the preliminary energy analysis report. The department must review
the preliminary energy analysis report and provide its written or verbal comments
and recommendations to the agency prior to the ECM review meeting. The following
items must be submitted as part of the preliminary energy analysis report:
(A) Narrative
describing the baseline building and the proposed ECMs;
(B) Tables
showing energy use for the baseline building and the building with proposed ECMs;
(C) Baseline
building model input and output;
(D) List
of eliminated ECMs and calculations;
(E) Analysis
results for individual ECMs; and
(F) Metering
plan.
(d) ECM
Review Meeting. The department, the agency, the design team, and the energy analyst
shall meet to review and agree on the results in the preliminary energy analysis
report.
(5) Construction
Documents Phase:
(a) Implementation
of Cost-Effective Measures. The agency must incorporate the Optimum ECM Package
into the final building design.
(b) Submittal
of Construction Documents. The agency shall provide the department with construction
documents in sufficient detail to verify that the Optimum ECM Package will be included
in the final construction documents and specifications no later than at 90 percent
design completion. This submittal must also include the preliminary energy systems
performance verification plan.
(c) The
department shall review this submittal and forward its written findings and recommendations
to the agency within 10 working days after receiving the documents, if practicable.
(6) Construction Phase:
(a) Contractor Submittals
and Substitutions. The design firm shall ensure that contractor equipment submittals,
requests for substitutions and change orders adhere to the ECM design intent. The
design firm must send any substitutions or submittals that differ from the ECM design
intent to the department for review.
(b) Final
Report Submittal. The agency shall deliver the final energy analysis report containing
the Optimum ECM Package and projected energy use to the department for review.
(c) Delivery
of the department findings. The department shall review the report and forward its
written findings and recommendations to the agency within 10 working days after
receiving the report, if practicable.
(d) Site
Inspections. To verify that ECMs are installed correctly and operating efficiently,
the department or its representative may make walk-through site inspections during
the installation of ECMs.
(e) Performance
verification. The energy systems performance verification plan must be carried out
and a copy of the test reports must be submitted to the department.
(f) Training.
It is recommended that instruction on the design intent and operation of the building
as a system be offered to the owners and operators of the new facility. This may
be part of the energy systems performance verification plan. The training should
parallel the operations manual prepared for the owner.
(7) Occupancy
Phase:
(a) Monitoring.
At completion of functional testing (approximately two months after occupancy begins),
a meeting may be held between the agency, building operator, general contractor,
commissioning agent, and energy analyst to review building energy use. Actual building
operation will be compared with assumptions made in the final design phase energy
analysis. If significant differences in schedules, equipment, operation, etc. exist,
a calibrated energy model must be submitted at the discretion of the department
(if actual energy use is outside five percent (+/-) of predicted energy use). During
the first 18 months into occupancy, energy use by the building systems must be monitored
and compared with the modeling results. If significant differences between the actual
energy use and the model predictions result, the agency must investigate to find
the cause, so that:
(A) An
adjustment can be made to the operation of the building; or
(B) An
explanation for the difference can be found that is acceptable to the agency and
the department. The agency must send its finding to the department.
(b) Non-compliance.
If, after monitoring the building for 18 months, the building's performance does
not meet the projected energy use because of reasons reported under (7)(a), the
agency shall submit an energy conservation plan to the department within 90 days
after reporting the non-compliance. This plan will outline the modifications to
be made until monitoring shows that the building meets the projected energy use,
or all reasonable attempts to reduce the energy use have been made. A report of
these remedial actions must be submitted to the department.
(c) SEED
Award. The department shall give the SEED Award to the agency if the building complies
with these SEED rules, is a "highly efficient facility," and meets the criteria
for the SEED award as determined in the SEED Program Guidelines.
(8) Waiver.
The director of the department may waive part of these rules when an agency cannot
comply due to extenuating circumstances such as a conflict with federal requirements,
for health or safety reasons, or the building has been designated a historic site.
(9) Expanded
Services. Expanded services are services provided by the department that are outside
the scope of OAR 330-130-0010 through 330-130-0100. Such services may include, but
are not limited to:
(a) Acting
as the owner's agent on energy issues;
(b) Modeling
during various phases of the design process and when the building is occupied;
(c) Participating
on design teams and providing services for building projects following an alternate
compliance path as specified in OAR 330-130-0025;
(d) Building
commissioning; and
(e) Providing
resource conservation management assistance and training as needed or requested
by the agency.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2003, f. & cert. ef. 1-10-03;
DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0050
Procedures for Class 2 Buildings
(1) Role of the
agency. The agency shall determine that the design incorporates all required prescriptive
ECMs or all reasonable cost-effective ECMs. ECMs or ECM packages with a Simple Payback
shorter than equipment life shall be considered cost-effective for Class 2 Buildings.
(2) Role
of the department. The department has accepted the Oregon Reach Code as a prescriptive
package of measures deemed to result in the definition of a highly efficient facility
for Class 2 Buildings. The department shall also be available to the agency to advise
or suggest potential energy saving measures.
(3) Project
Reporting. The agency shall provide the department with the list of all measures
or packages installed in the building.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2003, f. & cert. ef. 1-10-03;
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0055
Procedure for Leased Buildings
The department,
in consultation with the agencies, shall establish guidelines for incorporating
energy efficiency requirements into lease agreements of 10 years or more to be phased
in as current leases expire or as agencies enter into new agreements.
Stat. Auth.:
Ch. 26, OL 2008 HB 3612

Stats.
Implemented: ORS 276.900 - 276.915

Hist.:
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0060
Service Charges
Charges to the
agency by the department for services shall be as follows:
(1) Class
1 Buildings:
(a) The
charges by the department to the agency will be based on an hourly rate for the
actual hours worked on the project. Hourly rates charged by the department and invoiced
to the agency will include salary, other payroll expenses, the federally allowed
indirect rate for the department, staff travel expenses, other service or supply
costs, and administrative costs. Invoices may be submitted to the agency by the
department monthly commencing one month after notification. Invoices will provide
the hours of service and the hourly rate. The maximum charge shall be calculated
at $0.002 for each dollar of capital construction cost unless otherwise agreed to
in writing by the agency and the department.
(b) The
department will invoice the agency for all final charges within 60 days following
the completion of its work as described in these rules. To ensure the agency receives
the final invoice prior to closing their construction accounts, the department may
invoice in advance for final building inspections and post-occupancy energy use
tracking.
(2) Class
2 Buildings. No charge unless the agency chooses to enter into an interagency agreement
with the department.
(3) Charges
do not include design team or energy analyst services. The agency must obtain these
services directly. Charges include all services provided by the department or their
representative in fulfilling the requirements described in these rules. Charges do not include
services such as described in section 330-130-0040(9) "Expanded Services" provided
by the department.
(4) The director may waive
charges for special circumstances including, but not limited to, demonstration or
pilot projects.
(5) All
charges are subject to review and adjustment by the director of the department.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2002, f. 5-8-02, cert. ef. 5-13-02;
DOE 1-2003, f. & cert. ef. 1-10-03; DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08;
DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0070
Department
Administrative Procedures
(1) The department
shall provide information and administer the program to ensure the program is in
accordance with these rules.
(2) Under
special circumstances, the director may waive certain requirements under these rules,
provided the intent of the program as described in statute is maintained.
(3) The
department has developed guidelines, which contain recommended procedures, instructions,
and information relating to these rules. The department shall solicit agency comments
on the guidelines on a biennial basis and revise the guidelines as appropriate.
(4) The
department shall compile information about agency participation and ECM implementation
into a database. The department shall make database information available to agencies
and use the data in evaluating agency compliance with the objectives of ORS 276.900
through ORS 276.915.
(5) The
department, the Oregon Department of Administrative Services and the Oregon University
System shall jointly prepare a biennial report to the legislature on January 1 of
every odd-numbered year.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 1-1990, f. & cert. ef. 4-2-90; DOE 1-1998, f. & cert. ef. 3-26-98; DOE
4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08;
DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0080
Procedures for Monitoring the Reduction in Energy Use by State Agencies
In order to review
whether an agency meets the requirement to reduce the amount of use of energy by
at least 20 percent from the amount used by the agency in the 2000 calendar year
or the first 12 month period for which reliable energy use data exists, the following
rules for tracking energy use apply.
(1) Energy
use shall be tracked on a monthly basis using billing data. Electricity and heating
fuels shall be tracked separately. The use of standard commercially available software
for uniform tracking is recommended.
(2) Agencies
must report and enter energy use on an annual basis into the State Energy Use Database
http://saeuc.wesd.org.
(3) Energy
use per square foot of conditioned space shall be tracked, where applicable. Where
square footage is not applicable, another metric by which to compare annual energy
use must be used in consultation with the Department.
(4) Weather
adjustments relative to the base year 2000 are allowed if:
(a) The
adjustments follow a standard process developed by the department through the SEED
Program Guidelines; and
(b) Both
the raw and revised usage is reported.
(5) When
significant changes of facility size or use takes place, adjustments to the baseline
energy consumption may be made.
(6) It
is recommended that sub-metering of buildings and/or major energy consuming equipment
is added where advisable and feasible in order to get better data on energy use
and facilitate better energy management of the facilities.
(7) To
assure that the 20 percent energy use reduction by 2015 goal is met, interim energy
reduction goals shall apply:
(a) 10
percent reduction in energy use by the agency by December 31, 2010; and
(b) 15
percent reduction in energy use by the agency by December 31, 2012.
(8) If
an agency fails to achieve and maintain the required percent reduction by the dates
in (7)(a) and (7)(b), the following rules apply:
(a) The
agency must notify the department that it failed to achieve or maintain the required
percent energy savings by June 30th of each subsequent year.
(b) Within
90 days of such notification, the agency must submit to the department a corrective
plan to reduce energy use by the required percent. The plan must:
(A) Outline
all modifications, procedures, and changes that need to be introduced until the
target is met and maintained; and
(B) The
plan shall be in a format described in the SEED Program Guidelines.
(c) The
agency may request the department to provide technical assistance in developing
this corrective plan. In the event that the agency requests assistance, the agency
must compensate the department's costs for assistance in preparation or review of
the plan.
(d) The
agency must implement the corrective plan within six months from the date of approval
by the department. The agency shall monitor progress, report to the department,
and modify the plan as necessary every six months, until the target reduction is
achieved.
(e) This
conservation plan and the results of remedial action(s) must be included in the
biennial report to the legislature, to be jointly prepared by the department, the
Oregon Department of Administrative Services and the Oregon University System.
Stat. Auth.:
ORS 276.900 - 276.915

Stats.
Implemented: ORS 469

Hist.:
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01; DOE 1-2003, f. & cert. ef. 1-10-03;
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0090
Pre-qualification for persons performing Energy Analysis and Energy Savings Performance Contracting Services
(1) The department
shall establish criteria to prequalify persons or firms to execute the provisions
of this bill. Agencies must only select persons or firms that have been prequalified
by the department to perform energy analysis and energy savings performance contracting
services.
(2) Agencies
that wish to hire a person or firm that has not been previously prequalified by
the department must request approval from the department for exemption from this
requirement. Only licensed professional architects and engineers are considered
eligible for exemption from prequalification.
(a) Energy
analyst
(A) The
department shall establish a list of pre-qualified energy analysts through an open
RFP process that uses qualifications-based scoring criteria to determine a person’s
ability to perform building energy analysis.
(B) An
agency may hire an energy analyst not on the approved list provided the energy analyst
is a licensed engineer or architect and meets the qualifications of the energy analyst
described in the SEED Program Guidelines. All energy analysis reports must be stamped
by a licensed engineer or architect.
(b) ESCO
(A) A
qualifying firm will have demonstrated expertise in the following areas:
(i) A
prior record of successfully performing ESPCs on projects involving existing buildings
and structures that are comparable to the project under consideration by the contracting
agency; and
(ii) The
financial strength to effectively guarantee energy savings and performance under
the ESPC for the project in question, or the ability to secure necessary financial
measures to effectively guarantee energy savings under an ESPC for that project.
(B) Pre-qualification
process: The department must utilize a Request for Qualifications (RFQ) process
as the first step in a two-part process to pre-qualify energy service companies
to perform energy savings performance contracting services.
(C) RFQ proposal evaluation
process: For ESPC proposal evaluations, the department shall establish qualifications-based
evaluation factors that outweigh price-related factors, due to the fact that the
RFQ process is the first step of a two-step process used to establish a list of
pre-qualified firms that a contracting agency must choose from for distribution
of RFPs.
(3) Agencies
must adhere to the following requirements for ESPC projects:
(a) Only
select persons or firms that have been pre-qualified by the department to provide
energy savings performance contracting services.
(b) The
agency must use the department’s template contract documents for all phases
of the ESPC contract.
(c) Only
utilize ESPC for comprehensive facility retrofits that include energy efficiency
projects for two or more energy using systems. These systems must contribute to
at least 50 percent of a facility’s total energy use.
(d) Only
use ESPC for projects that save energy and water resources.
(e) Only
use ESPC for existing buildings that are two or more years old.
(f) Limit
eligible contracting phases to:
(A) Phase
I parts A and B for the technical energy audit and project development plan;
(B) Phase
II Design Build contract; and
(C) Phase
III for the energy savings guarantee and measurement and verification contract.
(g) Not
combine service agreements with an ESPC contract. All service agreement contracts
must be mutually exclusive.
(h) Advertise
a simplified RFP as the second step of a two-step process for final selection of
an ESCO for ESPC services.
(i) Only
distribute RFPs to ESCOs that have been pre-qualified by the department.
(j) At
a minimum, the RFP must include a technical facility profile, mandatory pre-proposal
walk-through, and an interview process.
(k) Select
qualifications-based evaluation factors that outweigh price factors.
(l) Contract
with a third party for commissioning and measurement and verification services.
(m) Select
a pre-qualified ESCO for third party commissioning or measurement and verification
services associated with the ESPC project.
Stat. Auth.:
Ch. 26, OL 2008 HB 3612

Stats.
Implemented: ORS 276.900 - 276.915

Hist.:
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0100
Pre-qualification for persons performing Energy Commissioning, Auditing, and Performance Verification Services
(1) The department
shall establish criteria to pre-qualify persons or firms to execute the provisions
of this bill. Agencies may select persons or firms that have been pre-qualified
by the department to perform auditing, commissioning, and performance verification
services for energy systems.
(2) Energy
Auditor:
(a) The
department shall maintain a list of pre-qualified energy auditing firms. This list
must be established through an open RFP process using a qualification-based scoring
criteria to determine a person’s or firm’s ability to perform energy
audits in existing buildings.
(b) A
qualifying firm must demonstrate expertise in the following areas:
(A) Commercial
and industrial technology;
(B) Energy
auditing equipment, heating, ventilating, and air conditioning systems;
(C) Lighting
design;
(D) Energy
efficiency technology; and:
(E) Preventative
maintenance procedures.
(c) Agencies
may use the department’s list of pre-qualified energy auditors for the selection
of a person or firm to perform energy conservation measure analysis of existing
buildings.
(3) Commissioning
Agent
(a) The
department maintains a list of pre-qualified commissioning firms. This list will
be established through an open RFP process that uses a qualifications-based scoring
criteria to determine a person’s or firm’s ability to perform commissioning
of energy using systems in new and existing buildings.
(b) At
least one individual employed by the firm must be a member of a building commissioning
professional association such as Building Commissioning Association (BCA), National
Environmental Balancing Bureau (NEBB), or Associated Air Balance Council (AABC).
(c) Agencies
may use the department’s list of pre-qualified commissioning agents for the
selection of a person or firm to perform commissioning services for energy efficiency
projects in new and existing buildings.
(4) Measurement
and verification.
(5) Agencies
may select from the list of pre-qualified ESCOs described in OAR 330-130-0090(2)(b)
or the list of commissioning agents described in OAR 330-130-0100(3) for the measurement
and verification of implemented energy efficiency measures.
Stat. Auth.:
Ch. 26, OL 2008 HB 3612

Stats.
Implemented: ORS 276.900 - 276.915

Hist.:
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11
330-130-0500
Use of Fuel Cell Power Systems
(1) This rule establishes the criteria for agencies to use when comparing fuel cell power systems to other equipment options as required by ORS 276.910.
(2) State agencies who are constructing or renovating a Class 1 building with an identified requirement for emergency backup power or with critical power application shall compare and evaluate, in collaboration with the design team, available equipment options, including fuel cell power systems, to meet the identified need. The evaluation shall include, but not be limited to:
(a) An evaluation of the emissions over the expected life cycle of the system, including the estimated activity related to standby, testing, maintenance, fueling, and operational activity. An agency may, if the information is available, consider the emissions generated during manufacturing and shipping of the equipment, including its components.
(b) A comparison and documentation demonstrating that the agency considered the environmental impact for the following:
(A) Nitrous Oxide;
(B) Sulfur Oxide;
(C) Carbon Monoxide;
(D) Carbon Dioxide;
(E) Other regulated particulates; and
(F) Any other pollutant identified by the agency.
(c) A comparison of the life cycle costs of all equipment under consideration, which may include estimates of acquisition, installation and commissioning, siting and permitting, maintenance, fueling and decommissioning and training costs; and
(d) An analysis of the ability of the systems to meet the design and stress needs of the application, the availability of fuel over the life cycle of the system and the availability of service support, maintenance and parts during system life cycle.
Stat. Auth.: ORS 276.910

Stats. Implemented: ORS 276.910

Hist.: DOE 12-2010, f. & cert. ef. 10-1-10

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