Beginning January 1, 2018, the City of Portland requires that all homes being sold in the City of Portland obtain a Home Energy Score at the time of listing. New home builders using Energy Trust of Oregon's EPS™ scoring system may apply for a waiver until the end of 2019 (more info on that process below).
The Home Energy Score (HES) is an energy rating developed by the U.S. Department of Energy that scores the house on a scale from 1 to 10, and also provides the consumer with a yearly estimated cost of energy and a set of recommended upgrades with a payback of 10 years or less. A "10" is the most energy efficient score on the HES scale, while a home with a score of "1" is least energy efficient. Earth Advantage does not provide the home energy assessment service to generate Home Energy Scores. We do contract with the City of Portland as the Quality Assurance provider and train Home Energy Assessors. To learn more about the City of Portland Home Energy Score program, visit www.PDXHES.com.
Homes that have received Earth Advantage certification or an Energy Trust of Oregon Energy Performance Score (EPS) prior to January 1, 2018 do not satisfy the City's new requirement.
To determine if a home address needs an HES, go to Portland Maps (www.portlandmaps.com) and if the jurisdiction says "Portland" as the city then the home must a) obtain an HES or b) obtain a waiver if it's being marketed for sale after January 1 and receiving an EPS. If the site address is not listed on Portland City Maps, or it's not clear what jurisdiction it's in, contact City of Portland Home Energy Score for clarification at hesinfo@portlandoregon.gov.
For new home builders in the City of Portland there is a waiver process so the Energy Performance Score (EPS) on those homes marketed for sale in 2018 are deemed compliant with the City of Portland program and will not require an HES at the time of listing. However, those builders of EPS homes obtaining the waiver still must abide by all disclosure requirements in the HES program. This means they'll have to use the EPS score in all public marketing, advertising and RMLS listings, including having EPS scorecards printed and available in the finished home while it's on the market. (You are always welcome to contact our Earth Advantage Education Team at education@earthadvantage.org if you'd like more information or support on marketing and listing homes in RMLS.) Sellers and builders of private sales, such as a home sale directly between individuals and custom built homes, are exempt from the HES requirement if they were never marketed for sale to the general public. The waiver application for builders of newly constructed EPS homes must be received 10 days before listing the home publicly for sale.
If the home is currently being built and getting an EPS, the builder can apply for the waiver (see "More Info" and "Apply" button halfway down the page) to allow the EPS to be compliant with policy instead of Home Energy Score. The builder has two options to submit the waiver:
a) You can submit a waiver for each newly constructed home address they certify to the Energy Trust of Oregon's EPS program.
or
b) If you are a home builder who builds exclusively high performance homes through the using Energy Trust of Oregon's EPS™ scoring system, you are eligible for a one-time waiver of all work completed within the program. Energy Trust will be coordinating these applications for submission. Reach out to your Energy Trust contact to make sure that you are included. We recommend Earth Advantage builders pursue this option.
Additional language regarding the builder waiver process, taken directly from section 4 of the Administrative Rules for the City of Portland HES on page 9, is copied here:
4. Waivers for High Performance Homes
a. Homebuilders or sellers building high performance homes for sale and using scoring products that are not compliant with Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon's Home Energy Performance Score Standard may apply for a waiver to continue the use of their existing process for a period of two years after January 1, 2018, or until the waiver is determined by the Director to be unnecessary for homebuilders to comply with the requirements of these administrative rules. The waiver allows homebuilders or sellers currently using Energy Performance Scores (EPS) on high performance newly constructed homes to temporarily continue the use of EPS.
b. To obtain a waiver, the homebuilder must submit a written request to the Director to waive some of the requirements of these administrative rules for a newly constructed Covered Building. The homebuilder may batch multiple newly constructed homes together on a single waiver request. Homes must be identified by the six-digit Property ID that begins with a letter (ex. RXXXXXX). Property ID numbers are available at www.portlandmaps.com. Homebuilders must indicate on the waiver request whether or not each property will be subdivided as part of the project.
c. The written request must include proof of participation in the Energy Trust of Oregon New Homes program.
d. If a homebuilder can demonstrate that they only build newly constructed homes under the Energy Trust of Oregon New Homes program, a High-Performance Homes Waiver may be provided for the firm to cover all newly constructed homes.
e. The waiver request must be received by the Director no later than 10 business days prior to the date of listing the newly constructed Covered Building for sale. Requests may be submitted by:
i. Program website located here: https://www.portlandoregon.gov/bps/75262, or
ii. Email with the subject "City of Portland Home Energy Score Program New Home Waiver Request" to HESinfo@portlandoregon.gov, or
iii. Hard copy to:
Attn: City of Portland Home Energy Score Program New Home Waiver Request
Portland Bureau of Planning and Sustainability
1900 SW 4th Ave. Room 7100
Portland, OR 97201
Upon receipt of the waiver request, the Director will provide a receipt to acknowledge receiving the request. The City reserves the right to verify documentation within 10 business days and will issue a written decision when denying a request for waiver. The absence of any written response is an approval of the request.
f. The waiver does not exempt the homebuilder, seller or designated representative from all requirements of these administrative rules. Instead, the waiver, if issued by the Director, allows the applicant to forego the requirement to obtain a Home Energy Performance Report and instead the applicant must include the statement in all public real estate listings that, "This home is an Energy Trust of Oregon EPS home. This high performance new home was built to perform better than the Oregon Energy Code and therefore the builder has been granted a waiver from the City of Portland Home Energy Score program requirement."