I always thought that the line in a wedding ceremony “If anyone feels these two should not be married, speak now or forever hold your peace” was weird. Who would procrastinate until the very last moment in front of a room full of people to protest? Who would be invited that would love the bride and groom so little that they are willing to interrupt what is supposed to be their happiest day? It is alien to me.
When my fiancé (now my husband) and I were writing our ceremony, he cheekily proposed that we should add a bit to our wedding in which one of his actor buddy’s would stand up and yell “I object!”. At that point the best man would pull a prop gun from his tuxedo á la James Bond and shoot objector. He would fall to the floor and remain there while we completed the rest of the ceremony. For a myriad of reasons, we did not do that at our wedding, but the point remains, the line is strange.
Which brings me to Oregon’s Building Performance Standard.
Oregon’s Building Performance Standard (BPS) for multifamily buildings, enacted through House Bill 3409 (2023) and administered by the Oregon Department of Energy (ODOE), aims to reduce energy consumption and greenhouse gas emissions in existing large buildings. Multifamily buildings 35,000 square feet and larger fall under “Tier 2” of the BPS. While Tier 1 buildings (primarily non-residential) have mandatory EUI (Energy Use Intensity) targets and deadlines, Tier 2 multifamily buildings currently only have a mandatory reporting requirement. Their compliance standards are to be recommended by ODOE to the legislature by 2030. Owners of Tier 2 multifamily buildings must benchmark their buildings’ energy use and submit this data by July 1, 2028.
For Tier 1 buildings, failure to report energy data can result in a civil penalty of up to $5,000 plus up to $1 per square foot per year. Non-compliance with EUI targets after reporting can lead to penalties of up to $1,500 plus up to $0.20 per square foot per year, with warnings issued before fines are imposed. While specific penalties for Tier 2 multifamily buildings’ eventual performance targets are not yet established, the current focus is on mandatory reporting and data collection to pave the way for future performance requirements.
The biggest challenge to most property owners with respect to BPS is not the act of reporting, but the act of compliance with the target metrics. Specifically, how to pay for any improvements they need to make to their assets. ODOE understands this challenge for both Tier 1 and Tier 2 buildings and are in the commentary period regarding this program. Here is a link. The commentary period runs from June 2 to July 3, 2025.
Based on a recent webinar hosted by ODOE, the intention is that Tier 1 and Tier 2 properties have concurrent access to a state-supplied pool of funds to support upgrades needed for compliance. The compliance support program ends when the funds run out.
If you own or are a manager of properties in the state of Oregon, I encourage you to review the proposed plan to see if you accept the set up or if you have any comments. In my conversation with ODOE, they would like to hear from our industry and welcome our feedback. Please give your future self the luxury of reviewing this rulemaking now. If you have anything to say about it, speak now or forever hold your peace.
