OAR 330-063-0020: Review and Approval of a Home Energy Performance Score System

(1)(a) The director will appoint a stakeholder panel to recommend to the director whether to approve home energy performance score systems for use in Oregon. (b) Members of the stakeholder panel may serve terms up to five years. Members may include but are not limited to: (A) A chair from the Oregon Department of Energy; (B) A representative from Energy Trust of Oregon; (C) A representative from the U.S. Department of Energy; (D) A representative from a provider of building energy assessment software; (E) A representative from each home energy performance score system approved for use in Oregon; (F) A representative from an investor-owned electric utility; (G) A representative from a consumer-owned electric utility; (H) A representative from a natural gas utility; (I) A representative from the residential construction industry; (J) A representative from the real estate industry; (K) A representative from the appraisal industry; and (L) A representative from an entity that provides training for building energy assessments. (c) In its review of a home energy performance score system, the stakeholder panel must review all required elements of the home energy performance score system listed in OAR 330-063-0015. (d) The stakeholder panel may recommend to the director criteria for approval of home energy performance score systems, criteria for approval of training and certification programs or work experience, and revisions to OAR 330-063-0015 that specify criteria for content and format of a standard energy metrics label to be included in all home energy performance reports. (e) The stakeholder panel may develop a charter and operating procedures. The stakeholder panel must provide its recommendations to the director in writing and must include a description of any dissenting views of panel members. Recommendations should be based on consensus when possible. (2) Home energy performance score systems must meet the requirements of OAR 330-063-0015, be reviewed by the stakeholder panel and be approved by the director prior to being used to assign home energy performance scores to homes in Oregon. (a) An entity seeking approval for use of a home energy performance score system in Oregon must submit to the department a written request for review and approval. The request must include: (A) A copy of or an internet link to the building energy assessment software used by the home energy performance score system; (B) A sample of the home energy performance report generated by the home energy performance score system; (C) A copy of test results demonstrating the accuracy of the building energy assessment software used by the home energy performance score system; and (D) Other information that may be necessary for the stakeholder panel to make a recommendation to the director. (b) Within 120 days of the department’s receipt of a complete request, the stakeholder panel must complete its review of the home energy performance score system and provide its written recommendation to the director. If the stakeholder panel is unable to make a recommendation to the director within 120 days, department staff will make a recommendation to the director. (c) Within 60 days of the director’s receipt of the stakeholder panel’s recommendation, the director will decide whether the home energy performance score system is approved for use in Oregon and provide that decision, including reasons for denying approval if approval is denied, in writing to the applicant. In deciding whether to approve a home energy performance score system for use in Oregon, the director will consider: (A) Whether the system meets the requirements for home energy performance score systems in OAR 330-063-0015; (B) The recommendation of the stakeholder panel, as well as dissenting views raised by one or more panel members; (C) The test results of the building energy assessment software used by the home energy performance score system; (D) The degree and nature of use of the system in the marketplace; and (E) Any other information the director determines is necessary to make a decision whether to approve. (3) The provider of a home energy score system that has been approved for use in Oregon must submit to the department a new written request for review and approval every time a substantive revision is made to the approved system. The request for review and approval must include supporting documentation describing the revision. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). A home energy performance score system that has undergone a substantive revision may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval for the use of the revised system. Substantive revisions include significant changes to the building energy assessment methodology, significant changes to the derivation of the home energy performance score or the scale on which it is presented, and significant changes to the training and quality assurance requirements for home energy assessors. (4) The department may, at any time, request from the provider of an energy performance score system documentation demonstrating that no substantive revisions have been made to the home energy performance score system since the system was last approved for use in Oregon. The provider must comply with the department’s request within 60 days. If the provider cannot demonstrate that no substantive revisions have been made to the system since it was last approved, the provider must submit to the department a written request for review and approval that includes documentation describing the revisions. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). The system may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval.