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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 the
Constitution and the laws of the United States of America, and
to establish an integrated strategy towards sustainability in
the Federal Government and to make reduction of greenhouse gas
emissions a priority for Federal agencies, it is hereby ordered
as follows:
Section 1. Policy. In order to create a clean energy
economy that will increase our Nation’s prosperity, promote
energy security, protect the interests of taxpayers, and
safeguard the health of our environment, the Federal Government
must lead by example. It is therefore the policy of the
United States that Federal agencies shall increase energy
efficiency; measure, report, and reduce their greenhouse gas
emissions from direct and indirect activities; conserve and
protect water resources through efficiency, reuse, and stormwater
management; eliminate waste, recycle, and prevent pollution;
leverage agency acquisitions to foster markets for sustainable
technologies and environmentally preferable materials, products,
and services; design, construct, maintain, and operate high
performance sustainable buildings in sustainable locations;
strengthen the vitality and livability of the communities in
which Federal facilities are located; and inform Federal
employees about and involve them in the achievement of these
goals.
It is further the policy of the United States that to
achieve these goals and support their respective missions,
agencies shall prioritize actions based on a full accounting
of both economic and social benefits and costs and shall drive
continuous improvement by annually evaluating performance,
extending or expanding projects that have net benefits, and
reassessing or discontinuing under-performing projects.
Finally, it is also the policy of the United States that
agencies’ efforts and outcomes in implementing this order shall
be transparent and that agencies shall therefore disclose results
associated with the actions taken pursuant to this order on
publicly available Federal websites.
Sec. 2. Goals for Agencies. In implementing the policy set
forth in section 1 of this order, and preparing and implementing
the Strategic Sustainability Performance Plan called for in
section 8 of this order, the head of each agency shall:
(a) within 90 days of the date of this order, establish and
report to the Chair of the Council on Environmental Quality (CEQ
Chair) 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 absolute
terms by fiscal year 2020, relative to a fiscal year 2008
baseline of the agency’s scope 1 and 2 greenhouse gas emissions.
Where appropriate, the target shall exclude direct emissions from
excluded vehicles and equipment and from electric power produced
and sold commercially to other parties in the course of regular
business. This target shall be subject to review and approval
by the CEQ Chair in consultation with the OMB Director under
section 5 of this order. In establishing the target, the agency
head shall consider reductions associated with:
(i) reducing energy intensity in agency buildings;
(ii) increasing agency use of renewable energy and
implementing renewable energy generation projects
on agency property; and
(iii) reducing the use of fossil fuels by:
(A) using low greenhouse gas emitting vehicles
including alternative fuel vehicles;
(B) optimizing the number of vehicles in the agency
fleet; and
(C) reducing, if the agency operates a fleet of at
least 20 motor vehicles, the agency fleet’s total
consumption of petroleum products by a minimum of
2 percent annually through the end of fiscal year
2020, relative to a baseline of fiscal year 2005;
(b) within 240 days of the date of this order and
concurrent with submission of the Strategic Sustainability
Performance Plan as described in section 8 of this order,
establish and report to the CEQ Chair and the OMB Director a
percentage reduction target for reducing agency-wide scope 3
greenhouse gas emissions in absolute terms by fiscal year 2020,
relative to a fiscal year 2008 baseline of agency scope 3
emissions. This target shall be subject to review and approval
by the CEQ Chair in consultation with the OMB Director under
section 5 of this order. In establishing the target, the agency
head shall consider reductions associated with:
(i) pursuing opportunities with vendors and
contractors to address and incorporate
incentives to reduce greenhouse gas emissions
(such as changes to manufacturing, utility or
delivery services, modes of transportation
used, or other changes in supply chain
activities);
(ii) implementing strategies and accommodations for
transit, travel, training, and conferencing
that actively support lower-carbon commuting
and travel by agency staff;
(iii) greenhouse gas emission reductions associated
with pursuing other relevant goals in this
section; and
(iv) developing and implementing innovative policies
and practices to address scope 3 greenhouse gas
emissions unique to agency operations;
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(c) establish and report to the CEQ Chair and OMB Director
a 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 by
2 percent annually through fiscal year 2020, or
26 percent by the end of fiscal year 2020,
relative to a baseline of the agency’s water
consumption in fiscal year 2007, by
implementing water management strategies
including water-efficient and low-flow fixtures
and efficient cooling towers;
(ii) reducing agency industrial, landscaping,
and agricultural water consumption by 2 percent
annually or 20 percent by the end of fiscal
year 2020 relative to a baseline of the
agency’s industrial, landscaping, and
agricultural water consumption in fiscal year
2010;
(iii) consistent with State law, identifying,
promoting, and implementing water reuse
strategies that reduce potable water
consumption; and
(iv) implementing and achieving the objectives
identified in the stormwater management
guidance referenced in section 14 of this
order;
(e) promote pollution prevention and eliminate waste by:
(i) minimizing the generation of waste and
pollutants through source reduction;
(ii) diverting at least 50 percent of non-hazardous
solid waste, excluding construction and
demolition debris, by the end of fiscal year
2015;
(iii) diverting at least 50 percent of construction
and demolition materials and debris by the end
of fiscal year 2015;
(iv) reducing printing paper use and acquiring
uncoated printing and writing paper containing
at least 30 percent postconsumer fiber;
(v) reducing and minimizing the quantity of toxic
and hazardous chemicals and materials
acquired, used, or disposed of;
(vi) increasing diversion of compostable and organic
material from the waste stream;
(vii) implementing integrated pest management and
other appropriate landscape management
practices;
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(viii) increasing agency use of acceptable alternative
chemicals and processes in keeping with the
agency’s procurement policies;
(ix) decreasing agency use of chemicals where such
decrease will assist the agency in achieving
greenhouse gas emission reduction targets
under section 2(a) and (b) of this order; and
(x) reporting in accordance with the requirements
of sections 301 through 313 of the Emergency
Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.);
(f) advance regional and local integrated planning by:
(i) participating in regional transportation
planning and recognizing existing community
transportation infrastructure;
(ii) aligning Federal policies to increase the
effectiveness of local planning for energy
choices such as locally generated renewable
energy;
(iii) ensuring that planning for new Federal
facilities or new leases includes
consideration of sites that are pedestrian
friendly, near existing employment centers,
and accessible to public transit, and
emphasizes existing central cities and, in
rural communities, existing or planned town
centers;
(iv) identifying and analyzing impacts from energy
usage and alternative energy sources in all
Environmental Impact Statements and
Environmental Assessments for proposals for
new or expanded Federal facilities under the
National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.); and
(v) coordinating with regional programs for
Federal, State, tribal, and local ecosystem,
watershed, and environmental management;
(g) implement high performance sustainable Federal building
design, construction, operation and management, maintenance, and
deconstruction including by:
(i) beginning in 2020 and thereafter, ensuring
that all new Federal buildings that enter the
planning process are designed to achieve zero-
net-energy by 2030;
(ii) ensuring that all new construction, major
renovation, or repair and alteration of
Federal buildings complies with the Guiding
Principles for Federal Leadership in High
Performance and Sustainable Buildings (Guiding
Principles);
(iii) ensuring that at least 15 percent of the
agency’s existing buildings (above 5,000 gross
square feet) and building leases (above 5,000
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and other agencies as appropriate, shall review current policies
and practices associated with use of public transportation by
Federal personnel, Federal shuttle bus and vehicle transportation
routes supported by multiple Federal agencies, and use of
alternative fuel vehicles in Federal shuttle bus fleets, and
shall provide recommendations to the CEQ Chair on how these
policies and practices could be revised to support the
implementation of this order and the achievement of its policies
and 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, shall
issue guidance on Federal fleet management that addresses the
acquisition of alternative fuel vehicles and use of alternative
fuels; the use of biodiesel blends in diesel vehicles; the
acquisition of electric vehicles for appropriate functions;
improvement of fleet fuel economy; the optimizing of fleets to
the agency mission; petroleum reduction strategies, such as the
acquisition of low greenhouse gas emitting vehicles and the
reduction of vehicle miles traveled; and the installation of
renewable fuel pumps at Federal fleet fueling centers.
Sec. 13. Recommendations for Vendor and Contractor
Emissions. Within 180 days of the date of this order, the
General Services Administration, in coordination with the
Department of Defense, the Environmental Protection Agency,
and other agencies as appropriate, shall review and provide
recommendations to the CEQ Chair and the Administrator of OMB’s
Office of Federal Procurement Policy regarding the feasibility
of working with the Federal vendor and contractor community to
provide information that will assist Federal agencies in tracking
and reducing scope 3 greenhouse gas emissions related to the
supply of products and services to the Government. These
recommendations should consider the potential impacts on the
procurement process, and the Federal vendor and contractor
community including small businesses and other socioeconomic
procurement programs. Recommendations should also explore the
feasibility of:
(a) requiring vendors and contractors to register with a
voluntary registry or organization for reporting greenhouse gas
emissions;
(b) requiring contractors, as part of a new or revised
registration under the Central Contractor Registration or other
tracking system, to develop and make available its greenhouse gas
inventory and description of efforts to mitigate greenhouse gas
emissions;
(c) using Federal Government purchasing preferences or
other incentives for products manufactured using processes that
minimize greenhouse gas emissions; and
(d) other options for encouraging sustainable practices and
reducing greenhouse gas emissions.
Sec. 14. Stormwater Guidance for Federal Facilities.
Within 60 days of the date of this order, the Environmental
Protection Agency, in coordination with other Federal agencies
as appropriate, shall issue guidance on the implementation of
section 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, tactical
or relief operations, or training for such
operations;
(ii) Federal law enforcement (including protective
service and investigation);
(iii) emergency response (including fire and rescue);
or
(iv) spaceflight vehicles (including associated
ground-support equipment);
(i) “greenhouse gases” means carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride;
(j) “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;
(k) “scope 1, 2, and 3” mean;
(i) scope 1: direct greenhouse gas emissions from
sources that are owned or controlled by the
Federal agency;
(ii) scope 2: direct greenhouse gas emissions
resulting from the generation of electricity,
heat, or steam purchased by a Federal agency;
and
(iii) scope 3: greenhouse gas emissions from sources
not owned or directly controlled by a Federal
agency but related to agency activities such as
vendor supply chains, delivery services, and
employee travel and commuting;
(l) “sustainability” and “sustainable” mean 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;
(m) “United States” 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;
(n) “water consumption intensity” means water consumption
per square foot of building space; and
(o) “zero-net-energy building” means a building that is
designed, constructed, and operated to require a greatly reduced
quantity of energy to operate, meet the balance of energy needs
from sources of energy that do not produce greenhouse gases, and
therefore result in no net emissions of greenhouse gases and be
economically viable.
Sec. 20. General Provisions.
(a) This order shall be implemented in a manner consistent
with applicable law and subject to the availability of
appropriations.
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(b) Nothing in this order shall be construed to impair or
otherwise affect the functions of the OMB Director relating to
budgetary, 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 any party against
the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,
October 5, 2009.
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