HomeMy WebLinkAboutOrd. 20743ORDINANCE NO. 20743
AN ORDINANCE ESTABLISHING A RESIDENTIAL ENERGY
PERFORMANCE DISCLOSURE REQUIREMENT; ADDING SECTIONS 6.760,
6.765, 6.770, 6.775, 6.780 AND 6.785 TO THE EUGENE CODE, 1971; AND
PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The heading titled "Residential Energy Performance Disclosure" and Sections
6.760, 6.765, 6.770, 6.775, 6.780 and 6.785 are added to the Eugene Code, 1971, to provide as
follows:
Residential Energy Performance Disclosure
6.760 Residential Energy Performance Disclosure -Purpose.
The purpose of the Residential Energy Performance Disclosure program is to provide
information to potential homebuyers about the energy performance of dwelling units listed for
sale. This information is designed to enable more knowledgeable decisions about the full costs
of operating a home and to motivate investments in home improvements that lower utility bills,
reduce carbon emissions, and increase comfort, safety, and health for homeowners and
occupants.
6.765 Residential Energy Performance Disclosure -Administration.
The city manager may adopt administrative rules pursuant to section 2.019 of this code for the
implementation, administration, interpretation, and enforcement of sections 6.760 through
6.785, including but not limited to the process for seeking an exemption under section 6.780, the
process for City enforcement pursuant to section 2.018 of this code and, to the extent that funds
are available, the establishment of a financial assistance program for owners subject to section
6.775.
6.770 Residential Energy Performance Disclosure -Definitions.
For purposes of sections 6.760 through 6.785 of this code, the following words and phrases
mean:
City manager. The City Manager of the City of Eugene or their designee.
Dwelling unit. A space that provides complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. For
example, one dwelling unit could encompass an entire detached stand-alone structure (such as
a house or a detached accessory dwelling), one dwelling unit could be attached to one other
dwelling unit (such as one half of a duplex or an attached accessory dwelling), and one dwelling
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unit could be part of the same structure as several other dwelling units (such as one townhouse
or rowhouse).
Home energy performance assessor. An individual who is certified as a home energy assessor
by the Oregon Construction Contractors Board to prepare home energy performance reports
and assign home energy performance scores for residential buildings.
Home energy performance report. A document that includes a dwelling unit's home energy
performance score, the dwelling unit's estimated energy use and energy costs and
recommended improvements, and that:
(1) Is prepared by a home energy performance assessor using the U.S. Department of
Energy Home Energy Score scoring system;
(2) Complies with all home energy performance score reporting requirements adopted by
the Oregon Department of Energy; and
(3) Includes the statement ''This report meets Oregon's Home Energy Performance Score
standard."
Home energy performance score. A numeric asset rating that is included in a home energy
performance report prepared by a home energy performance assessor using the U.S.
Department of Energy Home Energy Score scoring system. It is a representation of a dwelling
unit's expected energy use under standardized weather and occupancy conditions that is based
on a physical inspection of a dwelling unit or the design documents used for its construction.
Owner. Any individual or entity possessing title to a dwelling unit that is publicly listed for sale or
their legal representative, including but not limited to a licensed real estate agent. For purposes
of the imposition of penalties for violation of the Residential Energy Performance Disclosure
requirements, an "owner" is a "responsible person."
Publicly list. To advertise a dwelling unit for sale in printed media, an internet posting, a
Regional Multiple Listing Service (RMLS) listing, or a publicly displayed sign.
Responsible person. See definition of "owner."
Sale. The conveyance of title to real property as a result of the execution of a real property sales
contract. "Sale" does not include transfer of title pursuant to inheritance, marriage, divorce,
condemnation, involuntary transfer of title resulting from default on an obligation secured by real
property, or any other change of title affected by operation of law.
Scoring system. The online Home Energy Score tool offered by the U.S. Department of Energy.
6.775 Residential Energy Performance Disclosure -Requirements.
(1) Unless exempt pursuant to section 6.780, prior to publicly listing any dwelling unit, the
owner shall obtain a home energy performance report and score for the dwelling unit from a
home energy performance assessor.
(2) At all times while a dwelling unit is publicly listed for sale, the owner shall:
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(a) Include a valid home energy performance report and score for the dwelling unit in all
real estate listings that include the dwelling unit;
(b) Provide a copy of a valid home energy performance report and score for the dwelling
unit to all licensed real estate agents working to sell the dwelling unit on the owner's
behalf; and
(c) Provide a means for prospective buyers that are viewing the dwelling unit in person
to immediately obtain a copy of a valid home energy performance report and score for the
dwelling unit.
6. 780 Residential Energy Performance Disclosure -Exemptions.
The city manager shall grant an exemption from the requirements of section 6.775 on any of the
following bases:
(1) At the time of the dwelling unit's public listing, limitations on the applicability of the scoring
system prevent the production of a report and score for the specific type of dwelling unit;
(2) The dwelling unit will be sold through:
(a) A trustee's sale;
(b) A deed-in-lieu of foreclosure sale; or
(c) A pre-foreclosure sale in which owner has reached an agreement with the mortgage
holder to sell the property for an amount less than the amount owed on the mortgage;
(3) The dwelling unit qualifies for sale at public auction or acquisition by a public agency due
to arrears for property taxes;
(4) A court appointed receiver is in control of the dwelling unit due to financial distress;
(5) The senior mortgage on the dwelling unit is subject to a notice of default;
(6) The dwelling unit has been approved for participation in Oregon Property Tax Deferral for
Disabled and Senior Homeowners; or
(7) The dwelling unit has most recently been used for nonresidential commercial purposes
and is being advertised solely for nonresidential commercial purposes.
6.785 Residential Energy Performance Disclosure -Invalidation / Expiration of Home
Energy Performance Report and Score.
A home energy performance report and score shall be invalid after they have expired. The
report and score expire for purposes of section 6.775 on the following date, whichever occurs
first:
(1) The date on which a change is made to the square footage of the dwelling unit;
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(2) The date on which a permanent improvement or alteration is made to the dwelling unit that
affects its energy consumption, efficiency or generation, including but not limited to : changing
the installed heating or cooling system , installing a new water heater, changing the windows,
adding or changing insulation, adding a solar photovoltaic system ; or
(3) Eight years after the date on which the home energy performance assessor performed the
assessment on which the home energy report and score were based .
Section 2. The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code , 1971 , to the provisions added, amended or repealed herein .
Section 3. Notwithstanding Section 32 of the Eugene Charter of 2002, this Ordinance
shall take effect on [six months from date Mayor signs].
Passed by the City Council this
28 th day of October, 2026
I
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Approved by the Mayor this
1--1 day of October, 2026
Mayor