CBPS compliance Deadline: Avoid continued penalties or fines by filing your report today!
Frequently Asked Questions
Frequently Asked Questions
What is Oregon BPS compliance?
The Oregon Building Performance Standard (Oregon BPS) is a mandatory program that aims to bring
awareness about building energy use to owners of existing commercial buildings, and to reduce
energy use and utility costs for less efficient buildings.
The State of Oregon adopted new energy performance requirements for commercial and multifamily buildings. These are in addition to Portland’s commercial energy reporting requirements; here is what commercial property owners need to know.
Who Required to comply with Oregon BPS?
All public and privately owned buildings, which meet the definition of a Tier 1 or Tier 2 covered building are subject to the requirements of the Buildings Performance Standard.
What’s the difference between Tier 1 and Tier 2 and Special Tier 2 ?
Tier 1 :
- Buildings greater than 35,000 square feet
- Does not include multifamily residential buildings
- Requirements: Benchmarking, energy management plan (EMP), operations and maintenance (O&M) program and performance metric
- Mandatory compliance begins in 2026 for buildings over 220,000 square feet
Tier 2 :
- Buildings greater than 20,000 to 35,000 square feet
- It includes Nonresidential, Hotel, or Motel
- Tier 2 buildings are required to report Energy Use Intensity and Energy Use Intensity Targets by their July 1, 2028, compliance date
Special Tier 2 :
- Buildings equals or greater than 35,000 square feet
- It includes Multifamily, Hospital, School, University, Dormitory, Barracks, Prison, Residential/Senior Care Facility
- Tier 2 buildings are required to report Energy Use Intensity and Energy Use Intensity Targets by their July 1, 2028, compliance date
What can I do to get started with compliance?
Compliance with the Buildings Performance Standard is different depending on the size of your building. Tier 1 is buildings greater than 35,000 sf. Tier 2 is buildings greater than 20,000 sf to 35,000 sf and all multifamily buildings greater than 20,000 sf.
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For more information on Oregon BPS Tier 1 requirements visit Oregon State Department of Commerce
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For more information on Oregon BPS Tier 2 requirements visit Oregon State Department of Commerce
What is Oregon BPS?
Oregon’s Building Performance Standard was established by HB 3409 in 2023. Rules under ORS 330-300, based on ASHRAE Standard 100 with Oregon amendments, were published January 1, 2025.
Who is a Tier 1 building?
Tier 1 covers commercial buildings greater than 35,000 square feet. Tier 1 buildings must meet EUIt targets. First compliance deadline is June 1, 2028 for buildings over 200,000 sq ft.
Who is a Tier 2 building?
Tier 2 covers commercial buildings from 20,000 to 35,000 sq ft and all multifamily buildings over 20,000 sq ft. Tier 2 must submit a data report by July 1, 2028 and every five years thereafter. There is no performance target and no penalty in the first cycle.
What is EUIt?
EUIt is the energy use intensity target set by ODOE for each property type and climate zone. Tier 1 buildings must meet or beat their EUIt by their compliance deadline.
What penalties apply?
Tier 1 non-compliance penalties are $5,000 plus $1 per square foot per year. Tier 2 has no performance target in the first compliance cycle, so there is no non-compliance penalty during that cycle.
When do I need an ASHRAE Level 2 audit?
If your Tier 1 building is expected to exceed EUIt, you must report that at least 180 days before your compliance deadline and complete an ASHRAE Level 2 audit to identify cost-effective efficiency measures.
What incentives are available?
ECAPP covers up to 100% of Tier 2 compliance costs and up to 50% of Tier 1 costs. BERI funds retrofits in covered buildings. Energy Trust of Oregon also offers a no-cost BPS Pathway resource.