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 by designing all newly constructed or renovated facilities to perform a minimum of 20 percent better than the energy conservation provisions of the state building code.

(2) Reporting monthly energy use for existing buildings over 5,000 square feet using more than 10,000 Btus/square foot/year to a database specified by the department.

Statutory/Other Authority: ORS 276.900 - 276.915, Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

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 improves energy performance compared to the state building code by 20 percent or more, that makes use of renewable energy resources where practical, and that incorporates all cost-effective energy efficiency measures.

(24) “High performance target energy use” means a target energy use index for a building or building type as determined by the department, such as the ASHRAE Standard 100 Building Activity Energy Target.

(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) "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.

(28) "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.

(29) "Present value" means the value of a financial cost or benefit, discounted to current dollars using discounting factors and methods approved by the department.

(30) “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.

(31) “Renovation” means an addition to, alteration of, or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems accounts for 50 percent or more of the facility’s total energy use.

(32) “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.

(33) "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.

(34) "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.]

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

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. The agency shall notify the department of a building project prior to the release of the Request for Proposals (RFP) for contracting/design services. 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.

(2) Class 2 Buildings. The agency shall notify the department and may request a list of recommended ECMs and services applicable to the building.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

330-130-0040
Procedures for Class 1 Buildings

(1) The SEED process follows typical design process steps as the organizing principle. 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 that 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 RFP and contract. The RFP and the contract's statement of work must include a reference to building a “highly energy efficient facility” as defined in these rules and to the SEED process. The department may develop language for the agency to use for including 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 building 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 will 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 commissioning report (if applicable) must be submitted to the department.

(f) Training. Training must be provided for building operators and a training plan must be incorporated into the performance verification plan. The training should parallel the operations manual prepared for the owner. It is highly recommended that instruction on the design intent and operation of the building as a system also be offered to the owners and occupants of the new facility.

(7) Occupancy Phase:

(a) Monitoring. 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 (i.e., if actual energy use is more than 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 findings to the department.

(b) Buildings not meeting energy use goals. 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 above target energy use. 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 energy 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 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 OAR 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) Building commissioning; and

(d) Providing resource conservation management assistance and training as needed or requested by the agency.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

330-130-0050
Procedures for Class 2 Buildings

(1) Role of the agency.

(a) The agency must notify the department of Class 2 projects.

(b) The agency shall determine that the design incorporates 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. The agency, with assistance from the design team as necessary, shall provide preliminary benefit/cost results for each ECM implemented.

(c) The agency must send the list of energy efficiency measures included in the building design to the department.

(d) Upon completion of construction, the agency must send a list of the measures that were actually installed in the building to the department.

(2) Role of the department. The department shall be available to the agency to advise or suggest potential energy saving measures.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

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.

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
History:
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

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) 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.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 1-2002, f. 5-8-02, cert. ef. 5-13-02
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

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 shall prepare a biennial report to the legislature prior to the legislative session of every odd-numbered year.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

330-130-0080
Procedures for Monitoring the Reduction in Energy Use by State Agencies

(1) Annual energy use per square foot shall be tracked for all state owned buildings over 5,000 square feet with an annual energy use exceeding 10,000 Btus/square foot/year. The department may exempt specific buildings from reporting energy use, if deemed appropriate, i.e., if the building is to be closed or sold in the near future.

(2) Agencies must report energy use on monthly intervals into the ENERGY STAR Portfolio Manager (ESPM) database, or other database as specified by the department. Energy shall be reported for each separate building or facility. When energy reporting for individual facilities is not possible due to existing energy metering configurations, such as for a campus, facilities may be grouped into a common meter for reporting purposes. Electricity and heating fuels must be tracked separately for each calendar year and entered into the database no later than March 31 of the following year.

(3) When significant changes of facility size or use takes place, each agency must notify the department of the change and is responsible for making revisions to their respective ESPM account.

(4) 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.

(5) If the building energy use exceeds the high performance target energy use for that building category, the agency shall investigate the reason for exceeding the target. The agency shall develop a plan that outlines all modifications, procedures and changes that need to be introduced until the target is met and maintained. The agency shall monitor progress and modify the plan as necessary each year until the target is reached and shall report the plan annually to the department.

(6) If a building category does not have an established target EUI, the agency shall work with the department to identify a reasonable energy use target for the building.

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01

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 the SEED program rules. Agencies must only select persons or firms that have been prequalified by the department to perform energy analysis and energy savings performance contracting (ESPC) services.

(a) Energy analyst

(A) The department shall establish a list of pre-qualified energy analysts through a solicitation process that uses qualifications-based scoring criteria to determine a person’s ability to perform building energy analysis.

(B) Agencies that wish to hire a person or firm that has not been previously prequalified by the department must request pre-approval from the department for exemption from this requirement. Only energy analysts that meet the qualifications as described in the SEED Program Guidelines will be considered eligible for exemption from prequalification.

(b) Energy Savings Company (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 projects typically undertaken by state agencies; and

(ii) The financial strength to effectively guarantee energy savings and performance for ESPC projects, or the ability to secure necessary funding to effectively guarantee energy savings under an ESPC.

(B) Pre-qualification process: The department will 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 ESCO 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. A state agency planning to enter into an ESPC must request RFPs from a minimum of three firms on the pre-qualified list.

(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) 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.

(c) Only use ESPC for projects that save energy and water resources.

(d) Only use ESPC for existing buildings that are two or more years old.

(e) Limit eligible contracting activities to:

(A) Technical energy audit;

(B) Project development plan;

(C) Design and construction;

(D) Measurement and verification;

(E) Energy savings guarantee(s)

(f) Not combine service agreements with an ESPC contract. All service agreement contracts must be mutually exclusive.

(g) Only solicit department-qualified ESCOs as the second step of a two-step process for final selection of an ESCO for ESPC services.

(h) At a minimum, the agency’s solicitation process must include a technical facility profile, pre-proposal walk-through, and an interview process.

(4) Agencies may;

(a) Select qualifications-based evaluation factors that outweigh price factors.

(b) Contract with a third party for commissioning and measurement and verification services.

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

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.

(a) 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.

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
History:
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

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.

Statutory/Other Authority: ORS 276.910
Statutes/Other Implemented: ORS 276.910
History:
DOE 12-2010, f. & cert. ef. 10-1-10