Section 455.535 - Exercise of departmental authority and discretion to aid in reduction of greenhouse gas emissions; priorities and departmental decision making; actions and consultations; goal setting; investigations; approval of advisory boards and committees; reports; update of Reach Code; rules(1) The Department of Consumer and Business Services shall, after obtaining approval from the appropriate advisory board and as the department's responsibilities relate to efficiency or resiliency in buildings:(a) Exercise any and all authority and discretion the department has available under applicable law to help to facilitate, at a minimum, emissions reductions consistent with the greenhouse gas emissions reduction goals specified in ORS 468A.205;(b) In addition to the department's existing responsibilities, prioritize and take such actions as are necessary to accelerate reductions in greenhouse gas emissions, including but not limited to rulemaking processes; and(c) Consider and integrate the prevention or reduction of impacts from climate change and the state's greenhouse gas emissions reduction goals into the department's planning, budgeting, investment and policy-making decisions, which must involve, at a minimum:(A) Prioritizing actions that reduce greenhouse gas emissions in a cost-effective manner;(B) Prioritizing actions that help vulnerable populations and environmental justice communities, as defined in ORS 469A.400, adapt to impacts from climate change; and(C) Consulting with the Environmental Justice Council when evaluating priorities the department sets and actions the department takes to adapt to and mitigate the impacts from climate change.(2)(a) In addition to the general directives specified in subsection (1) of this section, the department, after obtaining approval from the appropriate advisory board, shall contribute to the state's achievement of greenhouse gas emissions reduction goals and the mitigation of impacts from climate change by: (A) Setting goals for improved energy efficiency in buildings for each code development cycle; and(B) Investigating the potential benefits and the feasibility of updating building ventilation standards and of specifying standards for air cleaners present in building mechanical systems and in occupied indoor spaces.(b) To carry out the directives specified in paragraph (a)(A) of this subsection, the Department of Consumer and Business Services shall:(A) Obtain the approval of the department's advisory boards and committees and consult with the State Department of Energy to specify energy efficiency goals for new residential and commercial construction that aim to achieve by 2030, at each new residential or commercial building site, at least a 60 percent reduction in annual energy consumption from standards specified in the statewide building code and applicable specialty codes that were in effect in 2006, excluding consumption of electricity in transportation or in powering appliances or other loads that the statewide building code or specialty codes do not regulate;(B) Consult with the State Department of Energy and seek approval of the appropriate advisory boards to identify metrics derived from best practices and academic research to inform updates to the statewide building code and applicable specialty codes specifying a baseline for, and achievable reductions in, energy consumption;(C) Report not later than December 31 of every third year, beginning with December 31, 2023, to an interim committee of the Legislative Assembly related to the environment concerning: (i) The Department of Consumer and Business Services' evaluation of progress toward achieving the goals the department specifies under subparagraph (A) of this paragraph; and(ii) Options for achieving the goals over the course of the subsequent three updates to the statewide building code and applicable specialty codes;(D) Outline and evaluate for feasibility in the report described in subparagraph (C) of this paragraph a range of available options for achieving steady progress toward the goals described in subparagraph (A) of this paragraph over the course of scheduled updates to the statewide building code and applicable specialty codes that occur up until 2030; and(E) Update the Reach Code described in ORS 455.500 through rulemaking and after obtaining approval from the appropriate advisory boards to reflect incremental progress toward the goals specified in subparagraph (A) of this paragraph each time the Department of Consumer and Business Services updates the statewide building code and applicable specialty codes.(3) In carrying out the directives set forth in this section, the Department of Consumer and Business Services shall consider industry standards including, where appropriate, standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.Added by 2023 Ch. 442, § 6 455.535 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section 7, chapter 442, Oregon Laws 2023, provides:
Sec. 7. The Department of Consumer and Business Services shall, no later than December 31, 2024, report to an interim committee of the Legislative Assembly related to the environment. The report under this section shall include the department's findings and recommendations on options for, and the feasibility of, reducing greenhouse gas emissions that result from materials used in building construction, based on the findings of the department and after consultation with the Department of Environmental Quality, including:
(1) Studying the use of lower carbon materials in the statewide building code or applicable specialty code; or
(2) Other means for reducing greenhouse gas emissions attributable to building materials that the Department of Consumer and Business Services identifies after consultation with the Department of Environmental Quality. [2023 c. 442, § 7]