Oregon Building Performance Standard: who’s covered and when it’s due

Oregon passed HB 3409 in 2023, and the Oregon Department of Energy (ODOE) now runs a Building Performance Standard for larger commercial buildings. Here’s the short version, from ODOE’s own FAQ.

Who’s covered

• Tier 1: 35,000 sq ft or more of hotel, motel and nonresidential space (parking garages excluded).
• Tier 2: nonresidential, hotel or motel buildings over 20,000 and up to 35,000 sq ft, plus multifamily, hospitals, schools, university buildings, dorms and senior care buildings 35,000 sq ft and up.

Deadlines

• Tier 1, 200,000 sq ft and up: June 1, 2028
• Tier 1, 90,000–200,000 sq ft: June 1, 2029
• Tier 1, 35,000–90,000 sq ft: June 1, 2030
• Tier 2: July 1, 2028

Penalties

ODOE says a Tier 1 building that fails to report can face a civil penalty of up to $5,000 plus up to $1 per square foot per year. There are currently no Tier 2 penalties.

Money to help

ODOE’s Building Energy Reduction Incentive (BERI) pays up to $100,000 per Tier 1 building and $50,000 per Tier 2 building for efficiency measures. Round 2 closes December 11, 2026, or sooner if funds run out.

How we help

We offer Oregon compliance services through our Senior Energy Manager, who is qualified to do this work in Oregon. We don’t hold an Oregon contractor license, so we don’t do installation work there. Oregon compliance.