(1) ORS 469.275 to 469.279 do not require an eligible building owner to take action to comply with ORS 469.275 to 469.279:
(a) If the eligible building owner owns a tier 2 building; or
(b) Before the State Department of Energy adopts an energy performance standard under ORS 469.277, if the eligible building owner owns a tier 1 building.
(2) The department may offer incentives for eligible building owners to voluntarily comply with, or for early compliance with, ANSI/ASHRAE/IES Standard 100 or the energy performance standard the department establishes under ORS 469.277.