THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release October 5, 2009
EXECUTIVE ORDER
FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY,
AND ECONOMIC PERFORMANCE
By the authority vested in me as President by theConstitution and the laws of the United States of America, andto establish an integrated strategy towards sustainability inthe Federal Government and to make reduction of greenhouse gasemissions a priority for Federal agencies, it is hereby orderedas follows:
Section 1. Policy. In order to create a clean energyeconomy that will increase our Nation's prosperity, promoteenergy security, protect the interests of taxpayers, andsafeguard the health of our environment, the Federal Governmentmust lead by example. It is therefore the policy of theUnited States that Federal agencies shall increase energyefficiency; measure, report, and reduce their greenhouse gasemissions from direct and indirect activities; conserve andprotect water resources through efficiency, reuse, and stormwatermanagement; eliminate waste, recycle, and prevent pollution;leverage agency acquisitions to foster markets for sustainabletechnologies and environmentally preferable materials, products,and services; design, construct, maintain, and operate highperformance sustainable buildings in sustainable locations;strengthen the vitality and livability of the communities inwhich Federal facilities are located; and inform Federalemployees about and involve them in the achievement of thesegoals.
It is further the policy of the United States that toachieve these goals and support their respective missions,agencies shall prioritize actions based on a full accountingof both economic and social benefits and costs and shall drive continuous improvement by annually evaluating performance,extending or expanding projects that have net benefits, andreassessing or discontinuing under-performing projects.
Finally, it is also the policy of the United States thatagencies' efforts and outcomes in implementing this order shallbe transparent and that agencies shall therefore disclose resultsassociated with the actions taken pursuant to this order onpublicly available Federal websites.
Sec. 2. Goals for Agencies. In implementing the policy setforth in section 1 of this order, and preparing and implementingthe Strategic Sustainability Performance Plan called for insection 8 of this order, the head of each agency shall:
(a) within 90 days of the date of this order, establish andreport to the Chair of the Council on Environmental Quality (CEQChair) and the Director of the Office of Management and Budget(OMB Director) a percentage reduction target for agency-wide
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reductions of scope 1 and 2 greenhouse gas emissions in absoluteterms by fiscal year 2020, relative to a fiscal year 2008baseline of the agency's scope 1 and 2 greenhouse gas emissions.Where appropriate, the target shall exclude direct emissions fromexcluded vehicles and equipment and from electric power producedand sold commercially to other parties in the course of regularbusiness. This target shall be subject to review and approvalby the CEQ Chair in consultation with the OMB Director undersection 5 of this order. In establishing the target, the agencyhead shall consider reductions associated with: (i) reducing energy intensity in agency buildings; (ii) increasing agency use of renewable energy andimplementing renewable energy generation projectson agency property; and (iii) reducing the use of fossil fuels by: (A) using low greenhouse gas emitting vehiclesincluding alternative fuel vehicles; (B) optimizing the number of vehicles in the agencyfleet; and (C) reducing, if the agency operates a fleet of atleast 20 motor vehicles, the agency fleet's totalconsumption of petroleum products by a minimum of2 percent annually through the end of fiscal year2020, relative to a baseline of fiscal year 2005; (b) within 240 days of the date of this order andconcurrent with submission of the Strategic SustainabilityPerformance Plan as described in section 8 of this order,establish and report to the CEQ Chair and the OMB Director apercentage reduction target for reducing agency-wide scope 3greenhouse gas emissions in absolute terms by fiscal year 2020,relative to a fiscal year 2008 baseline of agency scope 3emissions. This target shall be subject to review and approvalby the CEQ Chair in consultation with the OMB Director undersection 5 of this order. In establishing the target, the agencyhead shall consider reductions associated with: (i) pursuing opportunities with vendors andcontractors to address and incorporateincentives to reduce greenhouse gas emissions(such as changes to manufacturing, utility ordelivery services, modes of transportationused, or other changes in supply chainactivities); (ii) implementing strategies and accommodations fortransit, travel, training, and conferencingthat actively support lower-carbon commutingand travel by agency staff; (iii) greenhouse gas emission reductions associatedwith pursuing other relevant goals in thissection; and (iv) developing and implementing innovative policiesand practices to address scope 3 greenhouse gasemissions unique to agency operations;
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(c) establish and report to the CEQ Chair and OMB Directora comprehensive inventory of absolute greenhouse gas emissions,including scope 1, scope 2, and specified scope 3 emissions(i) within 15 months of the date of this order for fiscal year 2010, and (ii) thereafter, annually at the end of January,for the preceding fiscal year. (d) improve water use efficiency and management by: (i) reducing potable water consumption intensity by2 percent annually through fiscal year 2020, or26 percent by the end of fiscal year 2020,relative to a baseline of the agency's waterconsumption in fiscal year 2007, byimplementing water management strategiesincluding water-efficient and low-flow fixturesand efficient cooling towers; (ii) reducing agency industrial, landscaping,and agricultural water consumption by 2 percentannually or 20 percent by the end of fiscalyear 2020 relative to a baseline of theagency's industrial, landscaping, andagricultural water consumption in fiscal year2010; (iii) consistent with State law, identifying,promoting, and implementing water reusestrategies that reduce potable waterconsumption; and (iv) implementing and achieving the objectivesidentified in the stormwater managementguidance referenced in section 14 of thisorder; (e) promote pollution prevention and eliminate waste by: (i) minimizing the generation of waste andpollutants through source reduction; (ii) diverting at least 50 percent of non-hazardoussolid waste, excluding construction anddemolition debris, by the end of fiscal year2015; (iii) diverting at least 50 percent of constructionand demolition materials and debris by the endof fiscal year 2015; (iv) reducing printing paper use and acquiringuncoated printing and writing paper containingat least 30 percent postconsumer fiber; (v) reducing and minimizing the quantity of toxicand hazardous chemicals and materials acquired, used, or disposed of; (vi) increasing diversion of compostable and organicmaterial from the waste stream; (vii) implementing integrated pest management andother appropriate landscape managementpractices;
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(viii) increasing agency use of acceptable alternativechemicals and processes in keeping with theagency's procurement policies; (ix) decreasing agency use of chemicals where suchdecrease will assist the agency in achievinggreenhouse gas emission reduction targetsunder section 2(a) and (b) of this order; and (x) reporting in accordance with the requirementsof sections 301 through 313 of the EmergencyPlanning and Community Right-to-Know Act of1986 (42 U.S.C. 11001 et seq.); (f) advance regional and local integrated planning by: (i) participating in regional transportationplanning and recognizing existing communitytransportation infrastructure; (ii) aligning Federal policies to increase theeffectiveness of local planning for energychoices such as locally generated renewableenergy; (iii) ensuring that planning for new Federalfacilities or new leases includes consideration of sites that are pedestrianfriendly, near existing employment centers,and accessible to public transit, andemphasizes existing central cities and, inrural communities, existing or planned towncenters; (iv) identifying and analyzing impacts from energyusage and alternative energy sources in allEnvironmental Impact Statements andEnvironmental Assessments for proposals fornew or expanded Federal facilities under theNational Environmental Policy Act of 1969, asamended (42 U.S.C. 4321 et seq.); and (v) coordinating with regional programs forFederal, State, tribal, and local ecosystem,watershed, and environmental management; (g) implement high performance sustainable Federal buildingdesign, construction, operation and management, maintenance, anddeconstruction including by: (i) beginning in 2020 and thereafter, ensuringthat all new Federal buildings that enter theplanning process are designed to achieve zero-net-energy by 2030; (ii) ensuring that all new construction, majorrenovation, or repair and alteration ofFederal buildings complies with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings (GuidingPrinciples); (iii) ensuring that at least 15 percent of theagency's existing buildings (above 5,000 grosssquare feet) and building leases (above 5,000
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gross square feet) meet the Guiding Principlesby fiscal year 2015 and that the agency makesannual progress toward 100-percent conformancewith the Guiding Principles for its buildinginventory; (iv) pursuing cost-effective, innovative strategies,such as highly reflective and vegetated roofs,to minimize consumption of energy, water, andmaterials; (v) managing existing building systems to reducethe consumption of energy, water, andmaterials, and identifying alternatives torenovation that reduce existing assets'deferred maintenance costs; (vi) when adding assets to the agency's realproperty inventory, identifying opportunitiesto consolidate and dispose of existing assets,optimize the performance of the agency's real-property portfolio, and reduce associatedenvironmental impacts; and (vii) ensuring that rehabilitation of federally ownedhistoric buildings utilizes best practices andtechnologies in retrofitting to promote long-term viability of the buildings; (h) advance sustainable acquisition to ensure that95 percent of new contract actions including task and deliveryorders, for products and services with the exception ofacquisition of weapon systems, are energy-efficient (Energy Staror Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., ElectronicProduct Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic orless-toxic alternatives, where such products and services meetagency performance requirements; (i) promote electronics stewardship, in particular by: (i) ensuring procurement preference for EPEAT-registered electronic products; (ii) establishing and implementing policies toenable power management, duplex printing,and other energy-efficient orenvironmentally preferable features on alleligible agency electronic products; (iii) employing environmentally sound practiceswith respect to the agency's disposition ofall agency excess or surplus electronicproducts; (iv) ensuring the procurement of Energy Star andFEMP designated electronic equipment; (v) implementing best management practices forenergy-efficient management of servers andFederal data centers; and
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(j) sustain environmental management, including by: (i) continuing implementation of formalenvironmental management systems at allappropriate organizational levels; and (ii) ensuring these formal systems areappropriately implemented and maintained toachieve the performance necessary to meetthe goals of this order. Sec. 3. Steering Committee on Federal Sustainability. The OMB Director and the CEQ Chair shall: (a) establish an interagency Steering Committee (SteeringCommittee) on Federal Sustainability composed of the FederalEnvironmental Executive, designated under section 6 of ExecutiveOrder 13423 of January 24, 2007, and Agency Senior SustainabilityOfficers, designated under section 7 of this order, and thatshall: (i) serve in the dual capacity of the SteeringCommittee on Strengthening FederalEnvironmental, Energy, and TransportationManagement designated by the CEQ Chairpursuant to section 4 of ExecutiveOrder 13423; (ii) advise the OMB Director and the CEQ Chair onimplementation of this order; (iii) facilitate the implementation of each agency'sStrategic Sustainability Performance Plan; and (iv) share information and promote progress towardsthe goals of this order; (b) enlist the support of other organizations within theFederal Government to assist the Steering Committee in addressingthe goals of this order; (c) establish and disband, as appropriate, interagencysubcommittees of the Steering Committee, to assist the SteeringCommittee in carrying out its responsibilities; (d) determine appropriate Federal actions to achieve thepolicy of section 1 and the goals of section 2 of this order; (e) ensure that Federal agencies are held accountable forconformance with the requirements of this order; and (f) in coordination with the Department of Energy's FederalEnergy Management Program and the Office of the FederalEnvironmental Executive designated under section 6 of ExecutiveOrder 13423, provide guidance and assistance to facilitate thedevelopment of agency targets for greenhouse gas emissionreductions required under subsections 2(a) and (b) of this order. Sec. 4. Additional Duties of the Director of the Office of Management and Budget. In addition to the duties of the OMB Director specified elsewhere in this order, the OMB Directorshall:
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(a)
review and approve each agency's multi-year StrategicSustainability Performance Plan under section 8 of this orderand each update of the Plan. The Director shall, where feasible,review each agency's Plan concurrently with OMB's review andevaluation of the agency's budget request;
(b)
prepare scorecards providing periodic evaluation ofFederal agency performance in implementing this order and publishscorecard results on a publicly available website; and
(c)
approve and issue instructions to the heads of agenciesconcerning budget and appropriations matters relating toimplementation of this order.
Sec. 5. Additional Duties of the Chair of the Council on
Environmental Quality. In addition to the duties of the CEQChair specified elsewhere in this order, the CEQ Chair shall:
(a)
issue guidance for greenhouse gas accounting andreporting required under section 2 of this order;
(b)
issue instructions to implement this order, in additionto instructions within the authority of the OMB Director to issueunder subsection 4(c) of this order;
(c)
review and approve each agency's targets, inconsultation with the OMB Director, for agency-wide reductionsof greenhouse gas emissions under section 2 of this order;
(d)
prepare, in coordination with the OMB Director,streamlined reporting metrics to determine each agency's progressunder section 2 of this order;
(e)
review and evaluate each agency's multi-year StrategicSustainability Performance Plan under section 8 of this order andeach update of the Plan;
(f)
assess agency progress toward achieving the goalsand policies of this order, and provide its assessment of theagency's progress to the OMB Director;
(g)
within 120 days of the date of this order, provide thePresident with an aggregate Federal Government-wide target forreducing scope 1 and 2 greenhouse gas emissions in absolute termsby fiscal year 2020 relative to a fiscal year 2008 baseline;
(h)
within 270 days of the date of this order, provide thePresident with an aggregate Federal Government-wide target forreducing scope 3 greenhouse gas emissions in absolute terms byfiscal year 2020 relative to a fiscal year 2008 baseline;
(i)
establish and disband, as appropriate, interagencyworking groups to provide recommendations to the CEQ for areas ofFederal agency operational and managerial improvement associatedwith the goals of this order; and
(j)
administer the Presidential leadership awards program,established under subsection 4(c) of Executive Order 13423, torecognize exceptional and outstanding agency performance withrespect to achieving the goals of this order and to recognizeextraordinary innovation, technologies, and practices employedto achieve the goals of this order.
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Sec. 6. Duties of the Federal Environmental Executive. The Federal Environmental Executive designated by the President tohead the Office of the Federal Environmental Executive, pursuantto section 6 of Executive Order 13423, shall: (a) identify strategies and tools to assist Federalimplementation efforts under this order, including through thesharing of best practices from successful Federal sustainabilityefforts; and (b) monitor and advise the CEQ Chair and the OMB Directoron the agencies' implementation of this order and their progressin achieving the order=s policies and goals. Sec. 7. Agency Senior Sustainability Officers. (a) Within 30 days of the date of this order, the head of each agency shalldesignate from among the agency's senior management officials aSenior Sustainability Officer who shall be accountable for agencyconformance with the requirements of this order; and shall reportsuch designation to the OMB Director and the CEQ Chair. (b) The Senior Sustainability Officer for each agency shallperform the functions of the senior agency official designated bythe head of each agency pursuant to section 3(d)(i) of ExecutiveOrder 13423 and shall be responsible for: (i) preparing the targets for agency-wide reductionsand the inventory of greenhouse gas emissionsrequired under subsections 2(a), (b), and (c) ofthis order; (ii) within 240 days of the date of this order, andannually thereafter, preparing and submitting tothe CEQ Chair and the OMB Director, for theirreview and approval, a multi-year StrategicSustainability Performance Plan (SustainabilityPlan or Plan) as described in section 8 of thisorder; (iii) preparing and implementing the approved Planin coordination with appropriate offices andorganizations within the agency including theGeneral Counsel, Chief Information Officer,Chief Acquisition Officer, Chief FinancialOfficer, and Senior Real Property Officers,and in coordination with other agency plans,policies, and activities; (iv) monitoring the agency's performance and progressin implementing the Plan, and reporting theperformance and progress to the CEQ Chair andthe OMB Director, on such schedule and in suchformat as the Chair and the Director mayrequire; and (v) reporting annually to the head of the agency onthe adequacy and effectiveness of the agency'sPlan in implementing this order. Sec. 8. Agency Strategic Sustainability Performance Plan. Each agency shall develop, implement, and annually update anintegrated Strategic Sustainability Performance Plan thatwill prioritize agency actions based on lifecycle return
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on investment. Each agency Plan and update shall be subject toapproval by the OMB Director under section 4 of this order.With respect to the period beginning in fiscal year 2011 andcontinuing through the end of fiscal year 2021, each agency Planshall:
(a)
include a policy statement committing the agency tocompliance with environmental and energy statutes, regulations,and Executive Orders;
(b)
achieve the sustainability goals and targets, includinggreenhouse gas reduction targets, established under section 2 ofthis order;
(c)
be integrated into the agency's strategic planningand budget process, including the agency's strategic plan undersection 3 of the Government Performance and Results Act of 1993,as amended (5 U.S.C. 306);
(d)
identify agency activities, policies, plans,procedures, and practices that are relevant to the agency'simplementation of this order, and where necessary, provide fordevelopment and implementation of new or revised policies, plans,procedures, and practices;
(e)
identify specific agency goals, a schedule, milestones,and approaches for achieving results, and quantifiable metricsfor agency implementation of this order;
(f)
take into consideration environmental measures as well as economic and social benefits and costs in evaluating projectsand activities based on lifecycle return on investment;
(g)
outline planned actions to provide information aboutagency progress and performance with respect to achieving thegoals of this order on a publicly available Federal website;
(h)
incorporate actions for achieving progress metricsidentified by the OMB Director and the CEQ Chair;
(i)
evaluate agency climate-change risks andvulnerabilities to manage the effects of climate change on theagency's operations and mission in both the short and long term;and
(j)
identify in annual updates opportunities forimprovement and evaluation of past performance in order to extendor expand projects that have net lifecycle benefits, and reassessor discontinue under-performing projects.
Sec. 9. Recommendations for Greenhouse Gas Accounting andReporting. The Department of Energy, through its Federal EnergyManagement Program, and in coordination with the EnvironmentalProtection Agency, the Department of Defense, the GeneralServices Administration, the Department of the Interior, theDepartment of Commerce, and other agencies as appropriate, shall:
(a)
within 180 days of the date of this order develop andprovide to the CEQ Chair recommended Federal greenhouse gasreporting and accounting procedures for agencies to use incarrying out their obligations under subsections 2(a), (b), and
(c)
of this order, including procedures that will ensure thatagencies:
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(i) accurately and consistently quantify and account
for greenhouse gas emissions from all scope 1,
2, and 3 sources, using accepted greenhouse gas
accounting and reporting principles, and
identify appropriate opportunities to revise the
fiscal year 2008 baseline to address significant
changes in factors affecting agency emissions
such as reorganization and improvements in
accuracy of data collection and estimation
procedures or other major changes that would
otherwise render the initial baseline
information unsuitable;
(ii) consider past Federal agency efforts to reduce
greenhouse gas emissions; and
(iii) consider and account for sequestration and
emissions of greenhouse gases resulting from
Federal land management practices;
(b) within 1 year of the date of this order, to ensure
consistent and accurate reporting under this section, provide
electronic accounting and reporting capability for the Federal
greenhouse gas reporting procedures developed under
subsection (a) of this section, and to the extent practicable,
ensure compatibility between this capability and existing Federal
agency reporting systems; and
(c) every 3 years from the date of the CEQ Chair's
issuance of the initial version of the reporting guidance, and
as otherwise necessary, develop and provide recommendations to
the CEQ Chair for revised Federal greenhouse gas reporting
procedures for agencies to use in implementing subsections 2(a),
(b), and (c) of this order.
Sec. 10. Recommendations for Sustainable Locations for
Federal Facilities. Within 180 days of the date of this order,
the Department of Transportation, in accordance with its
Sustainable Partnership Agreement with the Department of Housing
and Urban Development and the Environmental Protection Agency,
and in coordination with the General Services Administration, the
Department of Homeland Security, the Department of Defense, and
other agencies as appropriate, shall:
(a) review existing policies and practices associated with
site selection for Federal facilities; and
(b) provide recommendations to the CEQ Chair regarding
sustainable location strategies for consideration in
Sustainability Plans. The recommendations shall be consistent
with principles of sustainable development including prioritizing
central business district and rural town center locations,
prioritizing sites well served by transit, including site design
elements that ensure safe and convenient pedestrian access,
consideration of transit access and proximity to housing
affordable to a wide range of Federal employees, adaptive reuse
or renovation of buildings, avoidance of development of sensitive
land resources, and evaluation of parking management strategies.
Sec. 11. Recommendations for Federal Local Transportation
Logistics. Within 180 days of the date of this order, the
General Services Administration, in coordination with the
Department of Transportation, the Department of the Treasury,
the Department of Energy, the Office of Personnel Management,
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and other agencies as appropriate, shall review current policiesand practices associated with use of public transportation byFederal personnel, Federal shuttle bus and vehicle transportationroutes supported by multiple Federal agencies, and use ofalternative fuel vehicles in Federal shuttle bus fleets, andshall provide recommendations to the CEQ Chair on how thesepolicies and practices could be revised to support theimplementation of this order and the achievement of its policiesand goals. Sec. 12. Guidance for Federal Fleet Management. Within 180 days of the date of this order, the Department of Energy,in coordination with the General Services Administration, shallissue guidance on Federal fleet management that addresses theacquisition of alternative fuel vehicles and use of alternativefuels; the use of biodiesel blends in diesel vehicles; theacquisition of electric vehicles for appropriate functions;improvement of fleet fuel economy; the optimizing of fleets tothe agency mission; petroleum reduction strategies, such as theacquisition of low greenhouse gas emitting vehicles and thereduction of vehicle miles traveled; and the installation ofrenewable fuel pumps at Federal fleet fueling centers. Sec. 13. Recommendations for Vendor and Contractor Emissions. Within 180 days of the date of this order, theGeneral Services Administration, in coordination with theDepartment of Defense, the Environmental Protection Agency,and other agencies as appropriate, shall review and providerecommendations to the CEQ Chair and the Administrator of OMB'sOffice of Federal Procurement Policy regarding the feasibilityof working with the Federal vendor and contractor community toprovide information that will assist Federal agencies in trackingand reducing scope 3 greenhouse gas emissions related to thesupply of products and services to the Government. These recommendations should consider the potential impacts on theprocurement process, and the Federal vendor and contractorcommunity including small businesses and other socioeconomicprocurement programs. Recommendations should also explore thefeasibility of: (a) requiring vendors and contractors to register with avoluntary registry or organization for reporting greenhouse gasemissions; (b) requiring contractors, as part of a new or revisedregistration under the Central Contractor Registration or othertracking system, to develop and make available its greenhouse gasinventory and description of efforts to mitigate greenhouse gasemissions; (c) using Federal Government purchasing preferences orother incentives for products manufactured using processes thatminimize greenhouse gas emissions; and (d) other options for encouraging sustainable practices andreducing greenhouse gas emissions. Sec. 14. Stormwater Guidance for Federal Facilities. Within 60 days of the date of this order, the EnvironmentalProtection Agency, in coordination with other Federal agenciesas appropriate, shall issue guidance on the implementation ofsection 438 of the Energy Independence and Security Act of 2007(42 U.S.C. 17094).
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Sec. 15. Regional Coordination. Within 180 days of the
date of this order, the Federal Environmental Executive shall
develop and implement a regional implementation plan to support
the goals of this order taking into account energy and
environmental priorities of particular regions of the
United States.
Sec. 16. Agency Roles in Support of Federal Adaptation
Strategy. In addition to other roles and responsibilities of
agencies with respect to environmental leadership as specified
in this order, the agencies shall participate actively in the
interagency Climate Change Adaptation Task Force, which is
already engaged in developing the domestic and international
dimensions of a U.S. strategy for adaptation to climate change,
and shall develop approaches through which the policies and
practices of the agencies can be made compatible with and
reinforce that strategy. Within 1 year of the date of this
order the CEQ Chair shall provide to the President, following
consultation with the agencies and the Climate Change Adaptation
Task Force, as appropriate, a progress report on agency actions
in support of the national adaptation strategy and
recommendations for any further such measures as the CEQ Chair
may deem necessary.
Sec. 17. Limitations. (a) This order shall apply to
an agency with respect to the activities, personnel, resources,
and facilities of the agency that are located within the
United States. The head of an agency may provide that this order
shall apply in whole or in part with respect to the activities,
personnel, resources, and facilities of the agency that are not
located within the United States, if the head of the agency
determines that such application is in the interest of the
United States.
(b) The head of an agency shall manage activities,
personnel, resources, and facilities of the agency that are
not located within the United States, and with respect to which
the head of the agency has not made a determination under
subsection (a) of this section, in a manner consistent with the
policy set forth in section 1 of this order to the extent the
head of the agency determines practicable.
Sec. 18. Exemption Authority.
(a) The Director of National Intelligence may exempt
an intelligence activity of the United States, and related
personnel, resources, and facilities, from the provisions of this
order, other than this subsection and section 20, to the extent
the Director determines necessary to protect intelligence sources
and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement
activities of that agency, and related personnel, resources, and
facilities, from the provisions of this order, other than this
subsection and section 20, to the extent the head of an agency
determines necessary to protect undercover operations from
unauthorized disclosure.
(c) (i) The head of an agency may exempt law enforcement,
protective, emergency response, or military
tactical vehicle fleets of that agency from the
provisions of this order, other than this
subsection and section 20.
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(ii) Heads of agencies shall manage fleets to which
paragraph (i) of this subsection refers in a
manner consistent with the policy set forth in
section 1 of this order to the extent they
determine practicable.
(d) The head of an agency may exempt particular agency
activities and facilities from the provisions of this order,
other than this subsection and section 20, where it is in the
interest of national security. If the head of an agency issues
an exemption under this section, the agency must notify the CEQ
Chair in writing within 30 days of issuance of the exemption
under this subsection. To the maximum extent practicable, and
without compromising national security, each agency shall strive
to comply with the purposes, goals, and implementation steps in
this order.
(e) The head of an agency may submit to the President,
through the CEQ Chair, a request for an exemption of an agency
activity, and related personnel, resources, and facilities, from
this order.
Sec. 19. Definitions. As used in this order:
(a) "absolute greenhouse gas emissions" means total
greenhouse gas emissions without normalization for activity
levels and includes any allowable consideration of sequestration;
(b) "agency" means an executive agency as defined in
section 105 of title 5, United States Code, excluding the
Government Accountability Office;
(c) "alternative fuel vehicle" means vehicles defined
by section 301 of the Energy Policy Act of 1992, as amended
(42 U.S.C. 13211), and otherwise includes electric fueled
vehicles, hybrid electric vehicles, plug-in hybrid electric
vehicles, dedicated alternative fuel vehicles, dual fueled
alternative fuel vehicles, qualified fuel cell motor vehicles,
advanced lean burn technology motor vehicles, self-propelled
vehicles such as bicycles and any other alternative fuel vehicles
that are defined by statute;
(d) "construction and demolition materials and debris"
means materials and debris generated during construction,
renovation, demolition, or dismantling of all structures and
buildings and associated infrastructure;
(e) "divert" and "diverting" means redirecting materials
that might otherwise be placed in the waste stream to recycling
or recovery, excluding diversion to waste-to-energy facilities;
(f) "energy intensity" means energy consumption per square
foot of building space, including industrial or laboratory
facilities;
(g) "environmental" means environmental aspects of internal
agency operations and activities, including those aspects related
to energy and transportation functions;
(h) "excluded vehicles and equipment" means any vehicle,
vessel, aircraft, or non-road equipment owned or operated by an
agency of the Federal Government that is used in:
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(i) combat support, combat service support, tacticalor relief operations, or training for suchoperations; (ii) Federal law enforcement (including protectiveservice and investigation); (iii) emergency response (including fire and rescue);or (iv) spaceflight vehicles (including associatedground-support equipment); (i) "greenhouse gases" means carbon dioxide, methane,nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride; (j) "renewable energy" means energy produced by solar,wind, biomass, landfill gas, ocean (including tidal, wave,current, and thermal), geothermal, municipal solid waste, ornew hydroelectric generation capacity achieved from increasedefficiency or additions of new capacity at an existinghydroelectric project; (k) "scope 1, 2, and 3" mean; (i) scope 1: direct greenhouse gas emissions fromsources that are owned or controlled by theFederal agency; (ii) scope 2: direct greenhouse gas emissionsresulting from the generation of electricity,heat, or steam purchased by a Federal agency;and (iii) scope 3: greenhouse gas emissions from sourcesnot owned or directly controlled by a Federalagency but related to agency activities such asvendor supply chains, delivery services, andemployee travel and commuting; (l) "sustainability" and "sustainable" mean to create andmaintain conditions, under which humans and nature can exist inproductive harmony, that permit fulfilling the social, economic,and other requirements of present and future generations; (m) "United States" means the fifty States, the District ofColumbia, the Commonwealth of Puerto Rico, Guam, American Samoa,the United States Virgin Islands, and the Northern MarianaIslands, and associated territorial waters and airspace; (n) "water consumption intensity" means water consumptionper square foot of building space; and (o) "zero-net-energy building" means a building that isdesigned, constructed, and operated to require a greatly reducedquantity of energy to operate, meet the balance of energy needsfrom sources of energy that do not produce greenhouse gases, andtherefore result in no net emissions of greenhouse gases and beeconomically viable. Sec. 20. General Provisions. (a) This order shall be implemented in a manner consistentwith applicable law and subject to the availability ofappropriations.
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(b)
Nothing in this order shall be construed to impair orotherwise affect the functions of the OMB Director relating tobudgetary, administrative, or legislative proposals.
(c)
This order is intended only to improve the internalmanagement of the Federal Government and is not intended to,and does not, create any right or benefit, substantive orprocedural, enforceable at law or in equity by any party againstthe United States, its departments, agencies, or entities, itsofficers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,October 5, 2009.
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Office of the Press Secretary
For Immediate Release October 5, 2009
EXECUTIVE ORDER
FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY,
AND ECONOMIC PERFORMANCE
By the authority vested in me as President by theConstitution and the laws of the United States of America, andto establish an integrated strategy towards sustainability inthe Federal Government and to make reduction of greenhouse gasemissions a priority for Federal agencies, it is hereby orderedas follows:
Section 1. Policy. In order to create a clean energyeconomy that will increase our Nation's prosperity, promoteenergy security, protect the interests of taxpayers, andsafeguard the health of our environment, the Federal Governmentmust lead by example. It is therefore the policy of theUnited States that Federal agencies shall increase energyefficiency; measure, report, and reduce their greenhouse gasemissions from direct and indirect activities; conserve andprotect water resources through efficiency, reuse, and stormwatermanagement; eliminate waste, recycle, and prevent pollution;leverage agency acquisitions to foster markets for sustainabletechnologies and environmentally preferable materials, products,and services; design, construct, maintain, and operate highperformance sustainable buildings in sustainable locations;strengthen the vitality and livability of the communities inwhich Federal facilities are located; and inform Federalemployees about and involve them in the achievement of thesegoals.
It is further the policy of the United States that toachieve these goals and support their respective missions,agencies shall prioritize actions based on a full accountingof both economic and social benefits and costs and shall drive continuous improvement by annually evaluating performance,extending or expanding projects that have net benefits, andreassessing or discontinuing under-performing projects.
Finally, it is also the policy of the United States thatagencies' efforts and outcomes in implementing this order shallbe transparent and that agencies shall therefore disclose resultsassociated with the actions taken pursuant to this order onpublicly available Federal websites.
Sec. 2. Goals for Agencies. In implementing the policy setforth in section 1 of this order, and preparing and implementingthe Strategic Sustainability Performance Plan called for insection 8 of this order, the head of each agency shall:
(a) within 90 days of the date of this order, establish andreport to the Chair of the Council on Environmental Quality (CEQChair) and the Director of the Office of Management and Budget(OMB Director) a percentage reduction target for agency-wide
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reductions of scope 1 and 2 greenhouse gas emissions in absoluteterms by fiscal year 2020, relative to a fiscal year 2008baseline of the agency's scope 1 and 2 greenhouse gas emissions.Where appropriate, the target shall exclude direct emissions fromexcluded vehicles and equipment and from electric power producedand sold commercially to other parties in the course of regularbusiness. This target shall be subject to review and approvalby the CEQ Chair in consultation with the OMB Director undersection 5 of this order. In establishing the target, the agencyhead shall consider reductions associated with: (i) reducing energy intensity in agency buildings; (ii) increasing agency use of renewable energy andimplementing renewable energy generation projectson agency property; and (iii) reducing the use of fossil fuels by: (A) using low greenhouse gas emitting vehiclesincluding alternative fuel vehicles; (B) optimizing the number of vehicles in the agencyfleet; and (C) reducing, if the agency operates a fleet of atleast 20 motor vehicles, the agency fleet's totalconsumption of petroleum products by a minimum of2 percent annually through the end of fiscal year2020, relative to a baseline of fiscal year 2005; (b) within 240 days of the date of this order andconcurrent with submission of the Strategic SustainabilityPerformance Plan as described in section 8 of this order,establish and report to the CEQ Chair and the OMB Director apercentage reduction target for reducing agency-wide scope 3greenhouse gas emissions in absolute terms by fiscal year 2020,relative to a fiscal year 2008 baseline of agency scope 3emissions. This target shall be subject to review and approvalby the CEQ Chair in consultation with the OMB Director undersection 5 of this order. In establishing the target, the agencyhead shall consider reductions associated with: (i) pursuing opportunities with vendors andcontractors to address and incorporateincentives to reduce greenhouse gas emissions(such as changes to manufacturing, utility ordelivery services, modes of transportationused, or other changes in supply chainactivities); (ii) implementing strategies and accommodations fortransit, travel, training, and conferencingthat actively support lower-carbon commutingand travel by agency staff; (iii) greenhouse gas emission reductions associatedwith pursuing other relevant goals in thissection; and (iv) developing and implementing innovative policiesand practices to address scope 3 greenhouse gasemissions unique to agency operations;
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(c) establish and report to the CEQ Chair and OMB Directora comprehensive inventory of absolute greenhouse gas emissions,including scope 1, scope 2, and specified scope 3 emissions(i) within 15 months of the date of this order for fiscal year 2010, and (ii) thereafter, annually at the end of January,for the preceding fiscal year. (d) improve water use efficiency and management by: (i) reducing potable water consumption intensity by2 percent annually through fiscal year 2020, or26 percent by the end of fiscal year 2020,relative to a baseline of the agency's waterconsumption in fiscal year 2007, byimplementing water management strategiesincluding water-efficient and low-flow fixturesand efficient cooling towers; (ii) reducing agency industrial, landscaping,and agricultural water consumption by 2 percentannually or 20 percent by the end of fiscalyear 2020 relative to a baseline of theagency's industrial, landscaping, andagricultural water consumption in fiscal year2010; (iii) consistent with State law, identifying,promoting, and implementing water reusestrategies that reduce potable waterconsumption; and (iv) implementing and achieving the objectivesidentified in the stormwater managementguidance referenced in section 14 of thisorder; (e) promote pollution prevention and eliminate waste by: (i) minimizing the generation of waste andpollutants through source reduction; (ii) diverting at least 50 percent of non-hazardoussolid waste, excluding construction anddemolition debris, by the end of fiscal year2015; (iii) diverting at least 50 percent of constructionand demolition materials and debris by the endof fiscal year 2015; (iv) reducing printing paper use and acquiringuncoated printing and writing paper containingat least 30 percent postconsumer fiber; (v) reducing and minimizing the quantity of toxicand hazardous chemicals and materials acquired, used, or disposed of; (vi) increasing diversion of compostable and organicmaterial from the waste stream; (vii) implementing integrated pest management andother appropriate landscape managementpractices;
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(viii) increasing agency use of acceptable alternativechemicals and processes in keeping with theagency's procurement policies; (ix) decreasing agency use of chemicals where suchdecrease will assist the agency in achievinggreenhouse gas emission reduction targetsunder section 2(a) and (b) of this order; and (x) reporting in accordance with the requirementsof sections 301 through 313 of the EmergencyPlanning and Community Right-to-Know Act of1986 (42 U.S.C. 11001 et seq.); (f) advance regional and local integrated planning by: (i) participating in regional transportationplanning and recognizing existing communitytransportation infrastructure; (ii) aligning Federal policies to increase theeffectiveness of local planning for energychoices such as locally generated renewableenergy; (iii) ensuring that planning for new Federalfacilities or new leases includes consideration of sites that are pedestrianfriendly, near existing employment centers,and accessible to public transit, andemphasizes existing central cities and, inrural communities, existing or planned towncenters; (iv) identifying and analyzing impacts from energyusage and alternative energy sources in allEnvironmental Impact Statements andEnvironmental Assessments for proposals fornew or expanded Federal facilities under theNational Environmental Policy Act of 1969, asamended (42 U.S.C. 4321 et seq.); and (v) coordinating with regional programs forFederal, State, tribal, and local ecosystem,watershed, and environmental management; (g) implement high performance sustainable Federal buildingdesign, construction, operation and management, maintenance, anddeconstruction including by: (i) beginning in 2020 and thereafter, ensuringthat all new Federal buildings that enter theplanning process are designed to achieve zero-net-energy by 2030; (ii) ensuring that all new construction, majorrenovation, or repair and alteration ofFederal buildings complies with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings (GuidingPrinciples); (iii) ensuring that at least 15 percent of theagency's existing buildings (above 5,000 grosssquare feet) and building leases (above 5,000
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gross square feet) meet the Guiding Principlesby fiscal year 2015 and that the agency makesannual progress toward 100-percent conformancewith the Guiding Principles for its buildinginventory; (iv) pursuing cost-effective, innovative strategies,such as highly reflective and vegetated roofs,to minimize consumption of energy, water, andmaterials; (v) managing existing building systems to reducethe consumption of energy, water, andmaterials, and identifying alternatives torenovation that reduce existing assets'deferred maintenance costs; (vi) when adding assets to the agency's realproperty inventory, identifying opportunitiesto consolidate and dispose of existing assets,optimize the performance of the agency's real-property portfolio, and reduce associatedenvironmental impacts; and (vii) ensuring that rehabilitation of federally ownedhistoric buildings utilizes best practices andtechnologies in retrofitting to promote long-term viability of the buildings; (h) advance sustainable acquisition to ensure that95 percent of new contract actions including task and deliveryorders, for products and services with the exception ofacquisition of weapon systems, are energy-efficient (Energy Staror Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., ElectronicProduct Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic orless-toxic alternatives, where such products and services meetagency performance requirements; (i) promote electronics stewardship, in particular by: (i) ensuring procurement preference for EPEAT-registered electronic products; (ii) establishing and implementing policies toenable power management, duplex printing,and other energy-efficient orenvironmentally preferable features on alleligible agency electronic products; (iii) employing environmentally sound practiceswith respect to the agency's disposition ofall agency excess or surplus electronicproducts; (iv) ensuring the procurement of Energy Star andFEMP designated electronic equipment; (v) implementing best management practices forenergy-efficient management of servers andFederal data centers; and
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(j) sustain environmental management, including by: (i) continuing implementation of formalenvironmental management systems at allappropriate organizational levels; and (ii) ensuring these formal systems areappropriately implemented and maintained toachieve the performance necessary to meetthe goals of this order. Sec. 3. Steering Committee on Federal Sustainability. The OMB Director and the CEQ Chair shall: (a) establish an interagency Steering Committee (SteeringCommittee) on Federal Sustainability composed of the FederalEnvironmental Executive, designated under section 6 of ExecutiveOrder 13423 of January 24, 2007, and Agency Senior SustainabilityOfficers, designated under section 7 of this order, and thatshall: (i) serve in the dual capacity of the SteeringCommittee on Strengthening FederalEnvironmental, Energy, and TransportationManagement designated by the CEQ Chairpursuant to section 4 of ExecutiveOrder 13423; (ii) advise the OMB Director and the CEQ Chair onimplementation of this order; (iii) facilitate the implementation of each agency'sStrategic Sustainability Performance Plan; and (iv) share information and promote progress towardsthe goals of this order; (b) enlist the support of other organizations within theFederal Government to assist the Steering Committee in addressingthe goals of this order; (c) establish and disband, as appropriate, interagencysubcommittees of the Steering Committee, to assist the SteeringCommittee in carrying out its responsibilities; (d) determine appropriate Federal actions to achieve thepolicy of section 1 and the goals of section 2 of this order; (e) ensure that Federal agencies are held accountable forconformance with the requirements of this order; and (f) in coordination with the Department of Energy's FederalEnergy Management Program and the Office of the FederalEnvironmental Executive designated under section 6 of ExecutiveOrder 13423, provide guidance and assistance to facilitate thedevelopment of agency targets for greenhouse gas emissionreductions required under subsections 2(a) and (b) of this order. Sec. 4. Additional Duties of the Director of the Office of Management and Budget. In addition to the duties of the OMB Director specified elsewhere in this order, the OMB Directorshall:
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(a)
review and approve each agency's multi-year StrategicSustainability Performance Plan under section 8 of this orderand each update of the Plan. The Director shall, where feasible,review each agency's Plan concurrently with OMB's review andevaluation of the agency's budget request;
(b)
prepare scorecards providing periodic evaluation ofFederal agency performance in implementing this order and publishscorecard results on a publicly available website; and
(c)
approve and issue instructions to the heads of agenciesconcerning budget and appropriations matters relating toimplementation of this order.
Sec. 5. Additional Duties of the Chair of the Council on
Environmental Quality. In addition to the duties of the CEQChair specified elsewhere in this order, the CEQ Chair shall:
(a)
issue guidance for greenhouse gas accounting andreporting required under section 2 of this order;
(b)
issue instructions to implement this order, in additionto instructions within the authority of the OMB Director to issueunder subsection 4(c) of this order;
(c)
review and approve each agency's targets, inconsultation with the OMB Director, for agency-wide reductionsof greenhouse gas emissions under section 2 of this order;
(d)
prepare, in coordination with the OMB Director,streamlined reporting metrics to determine each agency's progressunder section 2 of this order;
(e)
review and evaluate each agency's multi-year StrategicSustainability Performance Plan under section 8 of this order andeach update of the Plan;
(f)
assess agency progress toward achieving the goalsand policies of this order, and provide its assessment of theagency's progress to the OMB Director;
(g)
within 120 days of the date of this order, provide thePresident with an aggregate Federal Government-wide target forreducing scope 1 and 2 greenhouse gas emissions in absolute termsby fiscal year 2020 relative to a fiscal year 2008 baseline;
(h)
within 270 days of the date of this order, provide thePresident with an aggregate Federal Government-wide target forreducing scope 3 greenhouse gas emissions in absolute terms byfiscal year 2020 relative to a fiscal year 2008 baseline;
(i)
establish and disband, as appropriate, interagencyworking groups to provide recommendations to the CEQ for areas ofFederal agency operational and managerial improvement associatedwith the goals of this order; and
(j)
administer the Presidential leadership awards program,established under subsection 4(c) of Executive Order 13423, torecognize exceptional and outstanding agency performance withrespect to achieving the goals of this order and to recognizeextraordinary innovation, technologies, and practices employedto achieve the goals of this order.
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Sec. 6. Duties of the Federal Environmental Executive. The Federal Environmental Executive designated by the President tohead the Office of the Federal Environmental Executive, pursuantto section 6 of Executive Order 13423, shall: (a) identify strategies and tools to assist Federalimplementation efforts under this order, including through thesharing of best practices from successful Federal sustainabilityefforts; and (b) monitor and advise the CEQ Chair and the OMB Directoron the agencies' implementation of this order and their progressin achieving the order=s policies and goals. Sec. 7. Agency Senior Sustainability Officers. (a) Within 30 days of the date of this order, the head of each agency shalldesignate from among the agency's senior management officials aSenior Sustainability Officer who shall be accountable for agencyconformance with the requirements of this order; and shall reportsuch designation to the OMB Director and the CEQ Chair. (b) The Senior Sustainability Officer for each agency shallperform the functions of the senior agency official designated bythe head of each agency pursuant to section 3(d)(i) of ExecutiveOrder 13423 and shall be responsible for: (i) preparing the targets for agency-wide reductionsand the inventory of greenhouse gas emissionsrequired under subsections 2(a), (b), and (c) ofthis order; (ii) within 240 days of the date of this order, andannually thereafter, preparing and submitting tothe CEQ Chair and the OMB Director, for theirreview and approval, a multi-year StrategicSustainability Performance Plan (SustainabilityPlan or Plan) as described in section 8 of thisorder; (iii) preparing and implementing the approved Planin coordination with appropriate offices andorganizations within the agency including theGeneral Counsel, Chief Information Officer,Chief Acquisition Officer, Chief FinancialOfficer, and Senior Real Property Officers,and in coordination with other agency plans,policies, and activities; (iv) monitoring the agency's performance and progressin implementing the Plan, and reporting theperformance and progress to the CEQ Chair andthe OMB Director, on such schedule and in suchformat as the Chair and the Director mayrequire; and (v) reporting annually to the head of the agency onthe adequacy and effectiveness of the agency'sPlan in implementing this order. Sec. 8. Agency Strategic Sustainability Performance Plan. Each agency shall develop, implement, and annually update anintegrated Strategic Sustainability Performance Plan thatwill prioritize agency actions based on lifecycle return
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on investment. Each agency Plan and update shall be subject toapproval by the OMB Director under section 4 of this order.With respect to the period beginning in fiscal year 2011 andcontinuing through the end of fiscal year 2021, each agency Planshall:
(a)
include a policy statement committing the agency tocompliance with environmental and energy statutes, regulations,and Executive Orders;
(b)
achieve the sustainability goals and targets, includinggreenhouse gas reduction targets, established under section 2 ofthis order;
(c)
be integrated into the agency's strategic planningand budget process, including the agency's strategic plan undersection 3 of the Government Performance and Results Act of 1993,as amended (5 U.S.C. 306);
(d)
identify agency activities, policies, plans,procedures, and practices that are relevant to the agency'simplementation of this order, and where necessary, provide fordevelopment and implementation of new or revised policies, plans,procedures, and practices;
(e)
identify specific agency goals, a schedule, milestones,and approaches for achieving results, and quantifiable metricsfor agency implementation of this order;
(f)
take into consideration environmental measures as well as economic and social benefits and costs in evaluating projectsand activities based on lifecycle return on investment;
(g)
outline planned actions to provide information aboutagency progress and performance with respect to achieving thegoals of this order on a publicly available Federal website;
(h)
incorporate actions for achieving progress metricsidentified by the OMB Director and the CEQ Chair;
(i)
evaluate agency climate-change risks andvulnerabilities to manage the effects of climate change on theagency's operations and mission in both the short and long term;and
(j)
identify in annual updates opportunities forimprovement and evaluation of past performance in order to extendor expand projects that have net lifecycle benefits, and reassessor discontinue under-performing projects.
Sec. 9. Recommendations for Greenhouse Gas Accounting andReporting. The Department of Energy, through its Federal EnergyManagement Program, and in coordination with the EnvironmentalProtection Agency, the Department of Defense, the GeneralServices Administration, the Department of the Interior, theDepartment of Commerce, and other agencies as appropriate, shall:
(a)
within 180 days of the date of this order develop andprovide to the CEQ Chair recommended Federal greenhouse gasreporting and accounting procedures for agencies to use incarrying out their obligations under subsections 2(a), (b), and
(c)
of this order, including procedures that will ensure thatagencies:
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(i) accurately and consistently quantify and account
for greenhouse gas emissions from all scope 1,
2, and 3 sources, using accepted greenhouse gas
accounting and reporting principles, and
identify appropriate opportunities to revise the
fiscal year 2008 baseline to address significant
changes in factors affecting agency emissions
such as reorganization and improvements in
accuracy of data collection and estimation
procedures or other major changes that would
otherwise render the initial baseline
information unsuitable;
(ii) consider past Federal agency efforts to reduce
greenhouse gas emissions; and
(iii) consider and account for sequestration and
emissions of greenhouse gases resulting from
Federal land management practices;
(b) within 1 year of the date of this order, to ensure
consistent and accurate reporting under this section, provide
electronic accounting and reporting capability for the Federal
greenhouse gas reporting procedures developed under
subsection (a) of this section, and to the extent practicable,
ensure compatibility between this capability and existing Federal
agency reporting systems; and
(c) every 3 years from the date of the CEQ Chair's
issuance of the initial version of the reporting guidance, and
as otherwise necessary, develop and provide recommendations to
the CEQ Chair for revised Federal greenhouse gas reporting
procedures for agencies to use in implementing subsections 2(a),
(b), and (c) of this order.
Sec. 10. Recommendations for Sustainable Locations for
Federal Facilities. Within 180 days of the date of this order,
the Department of Transportation, in accordance with its
Sustainable Partnership Agreement with the Department of Housing
and Urban Development and the Environmental Protection Agency,
and in coordination with the General Services Administration, the
Department of Homeland Security, the Department of Defense, and
other agencies as appropriate, shall:
(a) review existing policies and practices associated with
site selection for Federal facilities; and
(b) provide recommendations to the CEQ Chair regarding
sustainable location strategies for consideration in
Sustainability Plans. The recommendations shall be consistent
with principles of sustainable development including prioritizing
central business district and rural town center locations,
prioritizing sites well served by transit, including site design
elements that ensure safe and convenient pedestrian access,
consideration of transit access and proximity to housing
affordable to a wide range of Federal employees, adaptive reuse
or renovation of buildings, avoidance of development of sensitive
land resources, and evaluation of parking management strategies.
Sec. 11. Recommendations for Federal Local Transportation
Logistics. Within 180 days of the date of this order, the
General Services Administration, in coordination with the
Department of Transportation, the Department of the Treasury,
the Department of Energy, the Office of Personnel Management,
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and other agencies as appropriate, shall review current policiesand practices associated with use of public transportation byFederal personnel, Federal shuttle bus and vehicle transportationroutes supported by multiple Federal agencies, and use ofalternative fuel vehicles in Federal shuttle bus fleets, andshall provide recommendations to the CEQ Chair on how thesepolicies and practices could be revised to support theimplementation of this order and the achievement of its policiesand goals. Sec. 12. Guidance for Federal Fleet Management. Within 180 days of the date of this order, the Department of Energy,in coordination with the General Services Administration, shallissue guidance on Federal fleet management that addresses theacquisition of alternative fuel vehicles and use of alternativefuels; the use of biodiesel blends in diesel vehicles; theacquisition of electric vehicles for appropriate functions;improvement of fleet fuel economy; the optimizing of fleets tothe agency mission; petroleum reduction strategies, such as theacquisition of low greenhouse gas emitting vehicles and thereduction of vehicle miles traveled; and the installation ofrenewable fuel pumps at Federal fleet fueling centers. Sec. 13. Recommendations for Vendor and Contractor Emissions. Within 180 days of the date of this order, theGeneral Services Administration, in coordination with theDepartment of Defense, the Environmental Protection Agency,and other agencies as appropriate, shall review and providerecommendations to the CEQ Chair and the Administrator of OMB'sOffice of Federal Procurement Policy regarding the feasibilityof working with the Federal vendor and contractor community toprovide information that will assist Federal agencies in trackingand reducing scope 3 greenhouse gas emissions related to thesupply of products and services to the Government. These recommendations should consider the potential impacts on theprocurement process, and the Federal vendor and contractorcommunity including small businesses and other socioeconomicprocurement programs. Recommendations should also explore thefeasibility of: (a) requiring vendors and contractors to register with avoluntary registry or organization for reporting greenhouse gasemissions; (b) requiring contractors, as part of a new or revisedregistration under the Central Contractor Registration or othertracking system, to develop and make available its greenhouse gasinventory and description of efforts to mitigate greenhouse gasemissions; (c) using Federal Government purchasing preferences orother incentives for products manufactured using processes thatminimize greenhouse gas emissions; and (d) other options for encouraging sustainable practices andreducing greenhouse gas emissions. Sec. 14. Stormwater Guidance for Federal Facilities. Within 60 days of the date of this order, the EnvironmentalProtection Agency, in coordination with other Federal agenciesas appropriate, shall issue guidance on the implementation ofsection 438 of the Energy Independence and Security Act of 2007(42 U.S.C. 17094).
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Sec. 15. Regional Coordination. Within 180 days of the
date of this order, the Federal Environmental Executive shall
develop and implement a regional implementation plan to support
the goals of this order taking into account energy and
environmental priorities of particular regions of the
United States.
Sec. 16. Agency Roles in Support of Federal Adaptation
Strategy. In addition to other roles and responsibilities of
agencies with respect to environmental leadership as specified
in this order, the agencies shall participate actively in the
interagency Climate Change Adaptation Task Force, which is
already engaged in developing the domestic and international
dimensions of a U.S. strategy for adaptation to climate change,
and shall develop approaches through which the policies and
practices of the agencies can be made compatible with and
reinforce that strategy. Within 1 year of the date of this
order the CEQ Chair shall provide to the President, following
consultation with the agencies and the Climate Change Adaptation
Task Force, as appropriate, a progress report on agency actions
in support of the national adaptation strategy and
recommendations for any further such measures as the CEQ Chair
may deem necessary.
Sec. 17. Limitations. (a) This order shall apply to
an agency with respect to the activities, personnel, resources,
and facilities of the agency that are located within the
United States. The head of an agency may provide that this order
shall apply in whole or in part with respect to the activities,
personnel, resources, and facilities of the agency that are not
located within the United States, if the head of the agency
determines that such application is in the interest of the
United States.
(b) The head of an agency shall manage activities,
personnel, resources, and facilities of the agency that are
not located within the United States, and with respect to which
the head of the agency has not made a determination under
subsection (a) of this section, in a manner consistent with the
policy set forth in section 1 of this order to the extent the
head of the agency determines practicable.
Sec. 18. Exemption Authority.
(a) The Director of National Intelligence may exempt
an intelligence activity of the United States, and related
personnel, resources, and facilities, from the provisions of this
order, other than this subsection and section 20, to the extent
the Director determines necessary to protect intelligence sources
and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement
activities of that agency, and related personnel, resources, and
facilities, from the provisions of this order, other than this
subsection and section 20, to the extent the head of an agency
determines necessary to protect undercover operations from
unauthorized disclosure.
(c) (i) The head of an agency may exempt law enforcement,
protective, emergency response, or military
tactical vehicle fleets of that agency from the
provisions of this order, other than this
subsection and section 20.
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(ii) Heads of agencies shall manage fleets to which
paragraph (i) of this subsection refers in a
manner consistent with the policy set forth in
section 1 of this order to the extent they
determine practicable.
(d) The head of an agency may exempt particular agency
activities and facilities from the provisions of this order,
other than this subsection and section 20, where it is in the
interest of national security. If the head of an agency issues
an exemption under this section, the agency must notify the CEQ
Chair in writing within 30 days of issuance of the exemption
under this subsection. To the maximum extent practicable, and
without compromising national security, each agency shall strive
to comply with the purposes, goals, and implementation steps in
this order.
(e) The head of an agency may submit to the President,
through the CEQ Chair, a request for an exemption of an agency
activity, and related personnel, resources, and facilities, from
this order.
Sec. 19. Definitions. As used in this order:
(a) "absolute greenhouse gas emissions" means total
greenhouse gas emissions without normalization for activity
levels and includes any allowable consideration of sequestration;
(b) "agency" means an executive agency as defined in
section 105 of title 5, United States Code, excluding the
Government Accountability Office;
(c) "alternative fuel vehicle" means vehicles defined
by section 301 of the Energy Policy Act of 1992, as amended
(42 U.S.C. 13211), and otherwise includes electric fueled
vehicles, hybrid electric vehicles, plug-in hybrid electric
vehicles, dedicated alternative fuel vehicles, dual fueled
alternative fuel vehicles, qualified fuel cell motor vehicles,
advanced lean burn technology motor vehicles, self-propelled
vehicles such as bicycles and any other alternative fuel vehicles
that are defined by statute;
(d) "construction and demolition materials and debris"
means materials and debris generated during construction,
renovation, demolition, or dismantling of all structures and
buildings and associated infrastructure;
(e) "divert" and "diverting" means redirecting materials
that might otherwise be placed in the waste stream to recycling
or recovery, excluding diversion to waste-to-energy facilities;
(f) "energy intensity" means energy consumption per square
foot of building space, including industrial or laboratory
facilities;
(g) "environmental" means environmental aspects of internal
agency operations and activities, including those aspects related
to energy and transportation functions;
(h) "excluded vehicles and equipment" means any vehicle,
vessel, aircraft, or non-road equipment owned or operated by an
agency of the Federal Government that is used in:
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(i) combat support, combat service support, tacticalor relief operations, or training for suchoperations; (ii) Federal law enforcement (including protectiveservice and investigation); (iii) emergency response (including fire and rescue);or (iv) spaceflight vehicles (including associatedground-support equipment); (i) "greenhouse gases" means carbon dioxide, methane,nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride; (j) "renewable energy" means energy produced by solar,wind, biomass, landfill gas, ocean (including tidal, wave,current, and thermal), geothermal, municipal solid waste, ornew hydroelectric generation capacity achieved from increasedefficiency or additions of new capacity at an existinghydroelectric project; (k) "scope 1, 2, and 3" mean; (i) scope 1: direct greenhouse gas emissions fromsources that are owned or controlled by theFederal agency; (ii) scope 2: direct greenhouse gas emissionsresulting from the generation of electricity,heat, or steam purchased by a Federal agency;and (iii) scope 3: greenhouse gas emissions from sourcesnot owned or directly controlled by a Federalagency but related to agency activities such asvendor supply chains, delivery services, andemployee travel and commuting; (l) "sustainability" and "sustainable" mean to create andmaintain conditions, under which humans and nature can exist inproductive harmony, that permit fulfilling the social, economic,and other requirements of present and future generations; (m) "United States" means the fifty States, the District ofColumbia, the Commonwealth of Puerto Rico, Guam, American Samoa,the United States Virgin Islands, and the Northern MarianaIslands, and associated territorial waters and airspace; (n) "water consumption intensity" means water consumptionper square foot of building space; and (o) "zero-net-energy building" means a building that isdesigned, constructed, and operated to require a greatly reducedquantity of energy to operate, meet the balance of energy needsfrom sources of energy that do not produce greenhouse gases, andtherefore result in no net emissions of greenhouse gases and beeconomically viable. Sec. 20. General Provisions. (a) This order shall be implemented in a manner consistentwith applicable law and subject to the availability ofappropriations.
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(b)
Nothing in this order shall be construed to impair orotherwise affect the functions of the OMB Director relating tobudgetary, administrative, or legislative proposals.
(c)
This order is intended only to improve the internalmanagement of the Federal Government and is not intended to,and does not, create any right or benefit, substantive orprocedural, enforceable at law or in equity by any party againstthe United States, its departments, agencies, or entities, itsofficers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,October 5, 2009.
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