[USCC] Fwd: President Bush Orders Federal Agencies to Strengthen their Management of Environmental, Energy and Transportation Activities

[Jim McNelly]

>>
>>*   President Bush Orders Federal Agencies to Strengthen their 
>>Management of Environmental, Energy and Transportation Activities - 
>>On January 24, the White House issued a News Release, titled 
>>"Executive Order: Strengthening Federal Environmental, Energy, and 
>>Transportation Management," which requires each agency to take many 
>>actions with set objectives and deadlines - The complete text of 
>>the News Release is posted at 
>><http://www.whitehouse.gov/news/releases/2007/01/20070124-2.html>http://www.whitehouse.gov/news/releases/2007/01/20070124-2.html 
>>- Some of the specific actions that Agency heads are required to 
>>achieve, unless they request and receive a waiver, include:
>>      *   improve energy efficiency and reduce greenhouse gas 
>> emissions of the agency, through reduction of energy intensity by 
>> (i) 3 percent annually through the end of fiscal year 2015, or 
>> (ii) 30 percent by the end of fiscal year 2015, relative to the 
>> baseline of the agency's energy use in fiscal year 2003;
>>      *   ensure that (i) at least half of the statutorily required 
>> renewable energy consumed by the agency in a fiscal year comes 
>> from new renewable sources, and (ii) to the extent feasible, the 
>> agency implements renewable energy generation projects on agency 
>> property for agency use;
>>      *   beginning in FY 2008, reduce water consumption intensity, 
>> relative to the baseline of the agency's water consumption in 
>> fiscal year 2007, through life-cycle cost-effective measures by 2 
>> percent annually through the end of fiscal year 2015 or 16 percent 
>> by the end of fiscal year 2015;
>>      *   require in agency acquisitions of goods and services (i) 
>> use of sustainable environmental practices, including acquisition 
>> of biobased, environmentally preferable, energy-efficient, 
>> water-efficient, and recycled-content products, and (ii) use of 
>> paper of at least 30 percent post-consumer fiber content;
>>      *   ensure that the agency (i) reduces the quantity of toxic 
>> and hazardous chemicals and materials acquired, used, or disposed 
>> of by the agency, (ii) increases diversion of solid waste as 
>> appropriate, and (iii) maintains cost-effective waste prevention 
>> and recycling programs in its facilities;
>>      *   ensure that (i) new construction and major renovation of 
>> agency buildings comply with the Guiding Principles for Federal 
>> Leadership in High Performance and Sustainable Buildings set forth 
>> in the Federal Leadership in High Performance and Sustainable 
>> Buildings Memorandum of Understanding (2006), and (ii) 15 percent 
>> of the existing Federal capital asset building inventory of the 
>> agency as of the end of fiscal year 2015 incorporates the 
>> sustainable practices in the Guiding Principles;
>>      *   ensure that, if the agency operates a fleet of at least 
>> 20 motor vehicles, the agency, relative to agency baselines for 
>> fiscal year 2005, (i) reduces the fleet's total consumption of 
>> petroleum products by 2 percent annually through the end of fiscal 
>> year 2015, (ii) increases the total fuel consumption that is 
>> non-petroleum-based by 10 percent annually, and (iii) uses plug-in 
>> hybrid (PIH) vehicles when PIH vehicles are commercially available 
>> at a cost reasonably comparable, on the basis of life-cycle cost, 
>> to non-PIH vehicles; and
>>      *   ensure that the agency (i) when acquiring an electronic 
>> product to meet its requirements, meets at least 95 percent of 
>> those requirements with an Electronic Product Environmental 
>> Assessment Tool (EPEAT)-registered electronic product, unless 
>> there is no EPEAT standard for such product, (ii) enables the 
>> Energy Star feature on agency computers and monitors, (iii) 
>> establishes and implements policies to extend the useful life of 
>> agency electronic equipment, and (iv) uses environmentally sound 
>> practices with respect to disposition of agency electronic 
>> equipment that has reached the end of its useful life.
>>      *   implement within the agency sustainable practices for (i) 
>> energy efficiency, greenhouse gas emissions avoidance or 
>> reduction, and petroleum products use reduction, (ii) renewable 
>> energy, including bioenergy, (iii) water conservation, (iv) 
>> acquisition, (v) pollution and waste prevention and recycling, 
>> (vi) reduction or elimination of acquisition and use of toxic or 
>> hazardous chemicals, (vii) high performance construction, lease, 
>> operation, and maintenance of buildings, (viii) vehicle fleet 
>> management, and (ix) electronic equipment management;
>>      *   implement within the agency environmental management 
>> systems (EMS) at all appropriate organizational levels to ensure 
>> (i) use of EMS as the primary management approach for addressing 
>> environmental aspects of internal agency operations and 
>> activities, including environmental aspects of energy and 
>> transportation functions, (ii) establishment of agency objectives 
>> and targets to ensure implementation of this order, and (iii) 
>> collection, analysis, and reporting of information to measure 
>> performance in the implementation of this order;
>>      *   establish within the agency programs for (i) 
>> environmental management training, (ii) environmental compliance 
>> review and audit, and (iii) leadership awards to recognize 
>> outstanding environmental, energy, or transportation management 
>> performance in the agency;
>>      *   within 30 days after the date of this order (i) designate 
>> a senior civilian officer of the United States, compensated 
>> annually in an amount at or above the amount payable at level IV 
>> of the Executive Schedule, to be responsible for implementation of 
>> this order within the agency, (ii) report such designation to the 
>> Director of the Office of Management and Budget and the Chairman 
>> of the Council on Environmental Quality, and (iii) assign the 
>> designated official the authority and duty to (A) monitor and 
>> report to the head of the agency on agency activities to carry out 
>> subsections (a) and (b) of this section, and (B) perform such 
>> other duties relating to the implementation of this order within 
>> the agency as the head of the agency deems appropriate;
>>      *   ensure that contracts entered into after the date of this 
>> order for contractor operation of government-owned facilities or 
>> vehicles require the contractor to comply with the provisions of 
>> this order with respect to such facilities or vehicles to the same 
>> extent as the agency would be required to comply if the agency 
>> operated the facilities or vehicles;
>>      *   ensure that agreements, permits, leases, licenses, or 
>> other legally-binding obligations between the agency and a tenant 
>> or concessionaire entered into after the date of this order 
>> require, to the extent the head of the agency determines 
>> appropriate, that the tenant or concessionaire take actions 
>> relating to matters within the scope of the contract that 
>> facilitate the agency's compliance with this order;
>>      *   A Federal Environmental Executive designated by the 
>> President shall head the Office of the Federal Environmental 
>> Executive, which shall be maintained in the Environmental 
>> Protection Agency for funding and administrative purposes ... the 
>> Federal Environmental Executive shall: (a) monitor, and advise the 
>> Chairman of the Council on, performance by agencies of functions 
>> assigned by sections 2 and 3 of this order; (b) submit a report to 
>> the President, through the Chairman of the Council, not less often 
>> than once every 2 years, on the activities of agencies to 
>> implement this order; and (c) advise the Chairman of the Council 
>> on the Chairman's exercise of authority granted by subsection 4(c) 
>> of this order.
>>
>>http://www.whitehouse.gov/news/releases/2007/01/20070124-2.html
>>
>>For Immediate Release
>>
>>Office of the Press Secretary
>>
>>January 24, 2007
>>
>>Executive Order: Strengthening Federal Environmental, Energy, and 
>>Transportation Management
>>
>>By the authority vested in me as President by the Constitution and 
>>the laws of the United States of America, and to strengthen the 
>>environmental, energy, and transportation management of Federal 
>>agencies, it is hereby ordered as follows:
>>
>>Section 1. Policy. It is the policy of the United States that 
>>Federal agencies conduct their environmental, transportation, and 
>>energy-related activities under the law in support of their 
>>respective missions in an environmentally, economically and 
>>fiscally sound, integrated, continuously improving, efficient, and 
>>sustainable manner.
>>
>>Sec. 2. Goals for Agencies. In implementing the policy set forth in 
>>section 1 of this order, the head of each agency shall:
>>
>>(a) improve energy efficiency and reduce greenhouse gas emissions 
>>of the agency, through reduction of energy intensity by (i) 3 
>>percent annually through the end of fiscal year 2015, or (ii) 30 
>>percent by the end of fiscal year 2015, relative to the baseline of 
>>the agency's energy use in fiscal year 2003;
>>
>>(b) ensure that (i) at least half of the statutorily required 
>>renewable energy consumed by the agency in a fiscal year comes from 
>>new renewable sources, and (ii) to the extent feasible, the agency 
>>implements renewable energy generation projects on agency property 
>>for agency use;
>>
>>(c) beginning in FY 2008, reduce water consumption intensity, 
>>relative to the baseline of the agency's water consumption in 
>>fiscal year 2007, through life-cycle cost-effective measures by 2 
>>percent annually through the end of fiscal year 2015 or 16 percent 
>>by the end of fiscal year 2015;
>>
>>(d) require in agency acquisitions of goods and services (i) use of 
>>sustainable environmental practices, including acquisition of 
>>biobased, environmentally preferable, energy-efficient, 
>>water-efficient, and recycled-content products, and (ii) use of 
>>paper of at least 30 percent post-consumer fiber content;
>>
>>(e) ensure that the agency (i) reduces the quantity of toxic and 
>>hazardous chemicals and materials acquired, used, or disposed of by 
>>the agency, (ii) increases diversion of solid waste as appropriate, 
>>and (iii) maintains cost-effective waste prevention and recycling 
>>programs in its facilities;
>>
>>f) ensure that (i) new construction and major renovation of agency 
>>buildings comply with the Guiding Principles for Federal Leadership 
>>in High Performance and Sustainable Buildings set forth in the 
>>Federal Leadership in High Performance and Sustainable Buildings 
>>Memorandum of Understanding (2006), and (ii) 15 percent of the 
>>existing Federal capital asset building inventory of the agency as 
>>of the end of fiscal year 2015 incorporates the sustainable 
>>practices in the Guiding Principles;
>>
>>(g) ensure that, if the agency operates a fleet of at least 20 
>>motor vehicles, the agency, relative to agency baselines for fiscal 
>>year 2005, (i) reduces the fleet's total consumption of petroleum 
>>products by 2 percent annually through the end of fiscal year 2015, 
>>(ii) increases the total fuel consumption that is 
>>non-petroleum-based by 10 percent annually, and (iii) uses plug-in 
>>hybrid (PIH) vehicles when PIH vehicles are commercially available 
>>at a cost reasonably comparable, on the basis of life-cycle cost, 
>>to non-PIH vehicles; and
>>
>>(h) ensure that the agency (i) when acquiring an electronic product 
>>to meet its requirements, meets at least 95 percent of those 
>>requirements with an Electronic Product Environmental Assessment 
>>Tool (EPEAT)-registered electronic product, unless there is no 
>>EPEAT standard for such product, (ii) enables the Energy Star 
>>feature on agency computers and monitors, (iii) establishes and 
>>implements policies to extend the useful life of agency electronic 
>>equipment, and (iv) uses environmentally sound practices with 
>>respect to disposition of agency electronic equipment that has 
>>reached the end of its useful life.
>>
>>Sec. 3. Duties of Heads of Agencies. In implementing the policy set 
>>forth in section 1 of this order, the head of each agency shall:
>>
>>(a) implement within the agency sustainable practices for (i) 
>>energy efficiency, greenhouse gas emissions avoidance or reduction, 
>>and petroleum products use reduction, (ii) renewable energy, 
>>including bioenergy, (iii) water conservation, (iv) acquisition, 
>>(v) pollution and waste prevention and recycling, (vi) reduction or 
>>elimination of acquisition and use of toxic or hazardous chemicals, 
>>(vii) high performance construction, lease, operation, and 
>>maintenance of buildings, (viii) vehicle fleet management, and (ix) 
>>electronic equipment management;
>>
>>(b) implement within the agency environmental management systems 
>>(EMS) at all appropriate organizational levels to ensure (i) use of 
>>EMS as the primary management approach for addressing environmental 
>>aspects of internal agency operations and activities, including 
>>environmental aspects of energy and transportation functions, (ii) 
>>establishment of agency objectives and targets to ensure 
>>implementation of this order, and (iii) collection, analysis, and 
>>reporting of information to measure performance in the 
>>implementation of this order;
>>
>>(c) establish within the agency programs for (i) environmental 
>>management training, (ii) environmental compliance review and 
>>audit, and (iii) leadership awards to recognize outstanding 
>>environmental, energy, or transportation management performance in the agency;
>>
>>(d) within 30 days after the date of this order (i) designate a 
>>senior civilian officer of the United States, compensated annually 
>>in an amount at or above the amount payable at level IV of the 
>>Executive Schedule, to be responsible for implementation of this 
>>order within the agency, (ii) report such designation to the 
>>Director of the Office of Management and Budget and the Chairman of 
>>the Council on Environmental Quality, and (iii) assign the 
>>designated official the authority and duty to (A) monitor and 
>>report to the head of the agency on agency activities to carry out 
>>subsections (a) and (b) of this section, and (B) perform such other 
>>duties relating to the implementation of this order within the 
>>agency as the head of the agency deems appropriate;
>>
>>(e) ensure that contracts entered into after the date of this order 
>>for contractor operation of government-owned facilities or vehicles 
>>require the contractor to comply with the provisions of this order 
>>with respect to such facilities or vehicles to the same extent as 
>>the agency would be required to comply if the agency operated the 
>>facilities or vehicles;
>>
>>(f) ensure that agreements, permits, leases, licenses, or other 
>>legally-binding obligations between the agency and a tenant or 
>>concessionaire entered into after the date of this order require, 
>>to the extent the head of the agency determines appropriate, that 
>>the tenant or concessionaire take actions relating to matters 
>>within the scope of the contract that facilitate the agency's 
>>compliance with this order;
>>
>>(g) provide reports on agency implementation of this order to the 
>>Chairman of the Council on such schedule and in such format as the 
>>Chairman of the Council may require; and
>>
>>(h) provide information and assistance to the Director of the 
>>Office of Management and Budget, the Chairman of the Council, and 
>>the Federal Environmental Executive.
>>
>>Sec. 4. Additional Duties of the Chairman of the Council on 
>>Environmental Quality. In implementing the policy set forth in 
>>section 1 of this order, the Chairman of the Council on Environmental Quality:
>>
>>(a) (i) shall establish a Steering Committee on Strengthening 
>>Federal Environmental, Energy, and Transportation Management to 
>>advise the Director of the Office of Management and Budget and the 
>>Chairman of the Council on the performance of their functions under 
>>this order that shall consist exclusively of (A) the Federal 
>>Environmental Executive, who shall chair, convene and preside at 
>>meetings of, determine the agenda of, and direct the work of, the 
>>Steering Committee, and (B) the senior officials designated under 
>>section 3(d)(i) of this order, and (ii) may establish subcommittees 
>>of the Steering Committee, to assist the Steering Committee in 
>>developing the advice of the Steering Committee on particular subjects;
>>
>>(b) may, after consultation with the Director of the Office of 
>>Management and Budget and the Steering Committee, issue 
>>instructions to implement this order, other than instructions 
>>within the authority of the Director to issue under section 5 of 
>>this order; and
>>
>>(c) shall administer a presidential leadership award program to 
>>recognize exceptional and outstanding environmental, energy, or 
>>transportation management performance and excellence in agency 
>>efforts to implement this order.
>>
>>Sec. 5. Duties of the Director of the Office of Management and 
>>Budget. In implementing the policy set forth in section 1 of this 
>>order, the Director of the Office of Management and Budget shall, 
>>after consultation with the Chairman of the Council and the 
>>Steering Committee, issue instructions to the heads of agencies concerning:
>>
>>(a) periodic evaluation of agency implementation of this order;
>>
>>(b) budget and appropriations matters relating to implementation of 
>>this order;
>>
>>(c) implementation of section 2(d) of this order; and
>>
>>(d) amendments of the Federal Acquisition Regulation as necessary 
>>to implement this order.
>>
>>Sec. 6. Duties of the Federal Environmental Executive. A Federal 
>>Environmental Executive designated by the President shall head the 
>>Office of the Federal Environmental Executive, which shall be 
>>maintained in the Environmental Protection Agency for funding and 
>>administrative purposes. In implementing the policy set forth in 
>>section 1 of this order, the Federal Environmental Executive shall:
>>
>>(a) monitor, and advise the Chairman of the Council on, performance 
>>by agencies of functions assigned by sections 2 and 3 of this order;
>>
>>(b) submit a report to the President, through the Chairman of the 
>>Council, not less often than once every 2 years, on the activities 
>>of agencies to implement this order; and
>>
>>(c) advise the Chairman of the Council on the Chairman's exercise 
>>of authority granted by subsection 4(c) of this order.
>>
>>Sec. 7. 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. 8. 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 
>>10, 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 10, 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 10.
>>
>>(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 submit to the President, through the 
>>Chairman of the Council, a request for an exemption of an agency 
>>activity, and related personnel, resources, and facilities, from this order.
>>
>>Sec. 9. Definitions. As used in this order:
>>
>>(a) "agency" means an executive agency as defined in section 105 of 
>>title 5, United States Code, excluding the Government Accountability Office;
>>
>>(b) "Chairman of the Council" means the Chairman of the Council on 
>>Environmental Quality, including in the Chairman's capacity as 
>>Director of the Office of Environmental Quality;
>>
>>(c) "Council" means the Council on Environmental Quality;
>>
>>(d) "environmental" means environmental aspects of internal agency 
>>operations and activities, including those environmental aspects 
>>related to energy and transportation functions;
>>
>>(e) "greenhouse gases" means carbon dioxide, methane, nitrous 
>>oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
>>
>>(f) "life-cycle cost-effective" means the life-cycle costs of a 
>>product, project, or measure are estimated to be equal to or less 
>>than the base case (i.e., current or standard practice or product);
>>
>>(g) "new renewable sources" means sources of renewable energy 
>>placed into service after January 1, 1999;
>>
>>(h) "renewable energy" means energy produced by solar, wind, 
>>biomass, landfill gas, ocean (including tidal, wave, current and 
>>thermal), geothermal, municipal solid waste, or new hydroelectric 
>>generation capacity achieved from increased efficiency or additions 
>>of new capacity at an existing hydroelectric project;
>>
>>(i) "energy intensity" means energy consumption per square foot of 
>>building space, including industrial or laboratory facilities;
>>
>>(j) "Steering Committee" means the Steering Committee on 
>>Strengthening Federal Environmental, Energy, and Transportation 
>>Management established under subsection 4(b) of this order;
>>
>>(k) "sustainable" means to create and maintain conditions, under 
>>which humans and nature can exist in productive harmony, that 
>>permit fulfilling the social, economic, and other requirements of 
>>present and future generations of Americans; and
>>
>>(l) "United States" when used in a geographical sense, means the 
>>fifty states, the District of Columbia, the Commonwealth of Puerto 
>>Rico, Guam, American Samoa, the United States Virgin Islands, and 
>>the Northern Mariana Islands, and associated territorial waters and airspace.
>>
>>Sec. 10. General Provisions. (a) This order shall be implemented in 
>>a manner consistent with applicable law and subject to the 
>>availability of appropriations.
>>
>>(b) Nothing in this order shall be construed to impair or otherwise 
>>affect the functions of the Director of the Office of Management 
>>and Budget relating to budget, administrative, or legislative proposals.
>>
>>(c) This order is intended only to improve the internal management 
>>of the Federal Government and is not intended to, and does not, 
>>create any right or benefit, substantive or procedural, enforceable 
>>at law or in equity by a party against the United States, its 
>>departments, agencies, instrumentalities, entities, officers, 
>>employees or agents, or any other person.
>>
>>Sec. 11. Revocations; Conforming Provisions. (a) The following are revoked:
>>
>>(i) Executive Order 13101 of September 14, 1998;
>>
>>(ii) Executive Order 13123 of June 3, 1999;
>>
>>(iii) Executive Order 13134 of August 12, 1999, as amended;
>>
>>(iv) Executive Order 13148 of April 21, 2000; and
>>
>>(v) Executive Order 13149 of April 21, 2000.
>>
>>(b) In light of subsection 317(e) of the National Defense 
>>Authorization Act for Fiscal Year 2002 (Public Law 107 107), not 
>>later than January 1 of each year through and including 2010, the 
>>Secretary of Defense shall submit to the Senate and the House of 
>>Representatives a report regarding progress made toward achieving 
>>the energy efficiency goals of the Department of Defense.
>>
>>(c) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, 
>>is amended by striking "Executive Order 13148 of April 21, 2000" 
>>and inserting in lieu thereof "other executive orders".
>>
>>GEORGE W. BUSH
>>
>>THE WHITE HOUSE,
>>
>>January 24, 2007.
>>
>># # #
>>
>>
>>
>>The above information was sent to you by:
>>
>>Jack Cooper
>>
>>Food Industry Environmental Network, LLC (FIEN, LLC) - see 
>>http://www.fien.com - FIEN, LLC is a regulatory and policy e-mail 
>>update service for the agriculture and food industry which is 
>>operated as a partnership by:
>>
>>Jack L. Cooper
>>Food Industry Environmental Network, LLC
>>33 Falling Creek Court, Silver Spring, Maryland 20904
>>Phone: 301 384 8287 --- E- Mail: JLC at fien.com
>>and
>>Cindy Roberts
>>Food Industry Environmental Network, LLC
>>1464 Harvard St. NW, Suite 14
>>Washington, DC 20009-4610
>>Phone: 202 669 6951 --- E-Mail: CAR at fien.com