Development Law Group Update: Oregon Legislature Considers Green Building Bills
3/16/2009

Both chambers of Oregon's legislature are currently considering several bills aimed at reducing the environmental impacts of buildings. These proposals include the following:

HB 3061 directs the Oregon Department of Energy to adopt an energy efficiency rating system for residential and nonresidential buildings. The rating system for nonresidential buildings must be based on the federal Energy Star program, unless the Oregon Energy Department finds it is not appropriate. The rating system must also include requirements for reporting the rating so it is available to potential purchasers of a building. This rating system is to be implemented by January 1, 2011 for new and existing residential buildings, and January 1, 2012 for new and existing nonresidential buildings of at least 20,000 square feet. The Oregon Energy Department must also establish energy performance scores for buildings. This bill was referred to the Speaker's desk on March 9, 2009, but has not yet been assigned to a House committee.

HB 3062 requires the Director of the Oregon Department of Consumer and Business Services to amend the state building code and take other actions to increase energy efficiency and reduce energy consumption in buildings, with the goal of achieving "net zero emissions" by January 1, 2030. Additionally, these building code amendments and other actions must be designed to "ensure" the achievement, by January 1, 2012, of a 30% increase in energy efficiency for nonresidential buildings and a 15% increase in energy efficiency for residential buildings, in each case as compared to the energy efficiency on the effective date of the Act. The Director must also adopt and maintain a separate "aspirational code" to provide optional standards to achieve even higher building energy efficiency and to inform periodic review and amendment of the building code and other standards. This bill was referred to the Speaker's desk on March 9, 2009, but has not yet been assigned to a House committee.

SB 20 requires the Director of the Oregon Department of Consumer and Business Services to adopt design and construction standards to mitigate radon levels in new commercial buildings intended for human occupancy and in new single-family and multifamily residential buildings. These standards are to be applicable in Baker, Hood River, Multnomah, Polk and Yamhill counties and any other county the Director considers appropriate because of local radon levels. The Senate Consumer Protection and Public Affairs Committee held a public hearing on this bill on February 24, 2009.

SB 79 contains the exact same provisions as HB 3061 and HB 3062 (discussed above) except it was introduced as one Senate bill. The Senate Environment and Natural Resources Committee held a public hearing on this bill on January 22, 2009.

SB 675 requires counties and cities to adopt and implement solar access protection ordinances. The ordinance must provide and protect "to the extent feasible" solar access to the south face of buildings during solar heating hours. It must also protect existing solar devices from any new structures and any vegetation that grows after the solar device is installed. This bill was referred to the Senate Environment and Natural Resources Committee on March 9, 2009.

These bills, and in particular SB 79, identical twin of HB 3061 and HB 3062, have economic and technical implications for building owners, occupants and developers. Contact your representatives in the Oregon House and Senate to express your concerns.


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