1. (1) Upon selection, each awardee will be required to enter into a performance agreement with the Department which includes, but is not limited to the following components:

   1. (a) Identifying information for building owner and building, including:

      1. (A) Unique Building ID Number (UBID).
      2. (B) Building owner name.
      3. (C) Building owner mailing address;
      4. (D) Covered building address.
   2. (b) Total incentive amount awarded.
   3. (c) For building owners awarded incentives for multiple compliance actions, a list of incentive amounts awarded, broken down by compliance action.
   4. (d) Performance expectations, including deadlines for completion of compliance actions.

   5. (e) Reporting and documentation requirements to demonstrate compliance action completion, including:

      1. (A) If the compliance action is Energy Benchmarking and Reporting, the building owner must submit:

         1. (i) Form A: Application for Oregon BPS compliance or Form G: Grouped Buildings Application for Oregon BPS Compliance
         2. (ii) Form B: Building Activity and Energy Use Intensity Target, and
         3. (iii) Form C: Calculation of Energy Use Intensity.
      2. (B) If the compliance action is an Energy Management Plan (EMP) and Operations & Maintenance Program (O&M), the building owner must submit EMP and O&M checklists using the format provided on the Department’s Building Performance Standard webpage and make EMP and O&M documentation available for the Department to review upon request.
      3. (C) If the compliance action is an Energy Audit, the building owner must submit Form E: Energy Audit using the required format as provided on the Department’s Building Performance Standard webpage.

      4. (D) If the compliance action is achieving compliance, the building owner must submit either:

         1. (i) An updated Form C: Calculation of Energy Use Intensity demonstrating that EUI is equal to or less than EUIt, or
         2. (ii) If the Investment Criteria was followed, an updated Form E: Energy Audit or Form L: Life Cycle Cost Assessment attesting that all cost-effective energy efficiency measures have been installed.
   6. (f) Other requirements and expectations to qualify for disbursement, including copies of utility bills to verify energy consumption data for the covered building, as determined by the Department.
   7. (g) Conditions and process in cases of non-conformance by awardee to terms of performance agreement.

2. (2) To receive an incentive payment, a building owner that has been selected for an incentive must provide evidence that the applicable compliance action has been completed at least one year before the building’s compliance date under the Building Performance Standard program. The following are the dates by which compliance actions must be complete in order to receive an incentive payment:

   1. (a) Tier 1 buildings:

      1. (A) Before June 1, 2027, for buildings equal to or greater than 200,000 square feet.
      2. (B) Before June 1, 2028, for buildings equal to or greater than 90,000 square feet but less than 200,000 square feet.
      3. (C) Before June 1, 2029, for buildings equal to or greater than 35,000 square feet but less than 90,000 square feet.
   2. (b) Before July 1, 2027, for all Tier 2 buildings.
3. (3) A building owner may request incentive payments for each completed compliance action separately.
4. (4) Building owners must notify the Department as soon as practicable of situations which would delay or prevent the completion of a compliance action under a performance agreement.
5. (5) The Department may renegotiate a project deadline in a performance agreement at its discretion in cases where awardees have notified the Department of a delay and have submitted a plan for remedying the causes of the delay. The Department may grant a 90-day extension beyond the applicable early compliance date upon request from the building owner.

6. (6) The following may be causes to terminate a performance agreement:

   1. (a) Failure to notify the Department of project delays in a timely manner.
   2. (b) Failure to submit a plan to remedy the causes of project delays.
   3. (c) Failure to complete one or more compliance actions included in the performance agreement.

Statutory/Other Authority

ORS 469.040 & ORS 469.275-469.291

Statutes/Other Implemented

ORS 469.275-469.291

History

DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025