WHEREAS, despite much progress in energy conservation efforts, there remains a considerable need and opportunity for improving the efficient use of energy consumed by State-owned and operated buildings and facilities, which can significantly decrease the State's overall energy-related expenses and the need for public funds for such purposes;
WHEREAS, the barriers to energy conservation in State-owned and operated buildings and facilities must be addressed by a combination of actions that include new fiscal incentives, improved administrative procedures, centralized budgeting and fiscal control, and expanded technical assistance;
WHEREAS, programs directed towards increasing energy efficiency in State-owned and operated buildings and facilities are currently administered or supported by numerous State agencies, and the effectiveness of these programs and the efficient use of limited Federal, State and other funds available for energy conservation in these facilities would be enhanced greatly through increased coordination among such agencies;
WHEREAS, Section 5-107 of the Energy Law authorizes the State Energy Office to promulgate energy use standards for the purchase, lease, use or maintenance of State buildings and equipment; and
WHEREAS, government should operate as an example to all New Yorkers that energy efficiency improves productivity, provides equal, if not better, service at lower cost, and has widespread environmental benefits;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby direct the State Energy Office, in cooperation with the Division of the Budget, the Office of General Services, the Interagency Energy Managers Association and other State agencies as indicated herein, to undertake a State Facilities Energy Conservation Program, which will establish and implement a plan to undertake energy efficiency and conservation measures and reduce energy costs in State buildings and operations.
I. Purpose and Objectives. The purpose of this Order is to establish a program which will strengthen the State's commitment to achieve energy cost reductions and efficiency improvements in State-owned and operated buildings and facilities.
To that end, the State shall institute a State Facilities Energy Conservation Program (Program) which shall be headed by the State Energy Office, in cooperation with the Division of the Budget, the Office of General Services, the Interagency Energy Managers Association and other State agencies as appropriate. The principal objectives of the Program shall be to:
* Achieve an overall reduction of the State's energy consumption in its buildings and facilities of 20 percent by the year 2000;
* Identify and implement cost effective energy conservation improvements in all State-owned and operated buildings and facilities;
* Institute incentives for reducing energy operating costs and encouraging State agencies to continually make investments in energy efficiency improvements;
* Establish priorities among energy efficiency improvements to insure that available funds are used first for those energy projects which will achieve the greatest energy and cost savings to the State;
* Streamline and accelerate the process for evaluating, approving and implementing energy efficiency projects;
* Expand options for financing energy projects by maximizing the use of non-state funding sources for energy efficient capital improvements; and
* Establish clear responsibility for undertaking energy conservation activities within and among agencies to insure a continuing commitment to energy cost reduction.
II. Program Description. A. Submission of Annual Plans. 1. Each State agency that operates State-owned buildings shall prepare in cooperation with the Division of the Budget an annual Plan for identifying and implementing energy efficiency improvements with simple payback periods of five years or less, thereby reducing energy consumption in such agency's existing buildings and contributing to the overall reduction in State building energy consumption of 20 percent by the year 2000. Contributions to such overall State goal may vary among agencies depending, in part, on each agency's energy consumption and implementation of energy conservation measures prior to the issuance of this Executive Order. Agency shall mean any State department, agency, board, commission, bureau, office or division. The Plans shall be prepared in accordance with the format to be specified by the State Energy Office and shall contain at least such information as set forth in the Memorandum being issued by the Commissioner of Energy contemporaneously herewith, and any amendments thereto.2. Each agency shall prepare its first annual Plan in cooperation with the Division of the Budget by August 1, 1990 and shall prepare such Plans annually thereafter. Each agency may, however, be required to submit pertinent information to the State Energy Office prior to such date in accordance with the milestones established by the State Energy Office pursuant to Section III.A. of this Executive Order. The Division of the Budget shall consider the annual Plans in making its annual budget recommendations to the Governor.B. Technical Assistance Studies and Energy Audits. Technical assistance studies or energy audits shall be conducted on all buildings not previously the subject of such a study or audit, as specified in the aforementioned Memorandum being issued by the Commissioner of Energy, within five years after the date of this Executive Order. Updates of previously conducted technical assistance studies or audits shall also be conducted in accordance with the aforementioned Memorandum. Each agency shall be responsible for assuring that the required technical assistance studies and audits are conducted and shall, to the extent possible, take advantage of audit and technical assistance services available through utility programs, the State Facilities Energy Conservation Program as funded by petroleum overcharge restitutionary funds, and the Federal Institutional Conservation Program. The State Energy Office shall also provide training to agencies interested in conducting their own audits.
III. State Energy Office Program Responsibilities. The State Energy Office shall:
A. Provide technical assistance to State agencies in preparing their annual Plans. In cooperation with the Interagency Energy Managers Association and the Division of the Budget, the State Energy Office shall develop guidelines within 60 days after the date of this Executive Order, with respect to the form and content of annual Plans. Such guidelines shall also contain interim milestone requirements to ensure that agencies will be able to comply fully with the August 1 annual Plan filing date and with the best available data.B. Review annual Plans and prepare a statewide report indicating whether, based on such Plans, the 20 percent statewide goal can be achieved or should be revised; identify the overall impact of the program to date, including in cooperation with the Division of the Budget and the affected agencies, an estimate of the value of energy savings achieved by each agency to date and expected to be achieved within the next fiscal year; and recommend areas for potential improvement. The report shall be submitted to the Governor, Legislature and the Division of the Budget.C. Provide technical assistance to agency personnel in identifying cost effective energy efficiency projects and funding resources, and training on energy efficient operational and maintenance procedures. The State Energy Office shall continue to fund eligible technical assistance studies and energy efficiency projects from funds appropriated for the State Facilities Energy Conservation Program from petroleum overcharge restitutionary funds, and from funds available for the Federal Institutional Conservation Program. The State Energy Office shall also continue to provide information to agencies on commonly occurring energy conserving opportunities that could be implemented on a widespread basis.D. In cooperation with the Division of the Budget, assist agencies in identifying and maximizing the use of non-state financing resources. Such potential resources include petroleum overcharge restitutionary funds, the Federal Institutional Conservation Program, utility energy conservation programs and energy performance contracts through private sector financing.E. With the assistance of the Division of the Budget, pursue the establishment of a dedicated revolving fund using non-state resources, for investments in energy saving opportunities in State buildings.F. Monitor each agency's performance toward achieving the goals set forth in its annual Plan, accounting for such factors as energy unit cost increases and changes in facility use, and determine the effectiveness of the program in meeting the overall State goal of 20 percent energy consumption reduction. Agencies shall provide information to the State Energy Office as necessary to comply with the Energy Office's monitoring responsibilities.IV. Division of the Budget Program Responsibilities.A. Annual Plans shall be reviewed by the Division of the Budget, with the assistance of the State Energy Office. The content of the annual Plans and the respective agencies' compliance with the goals contained in their Plans shall be taken into consideration when preparing each year's agency budget. If an agency continuously fails to meet the objectives of the Program, the Division of the Budget shall review such agency's Plan and budget to assure that available resources have been fully utilized.B. The Division of the Budget, in its annual budget recommendations, shall specifically identify the energy efficiency activities that are to be funded within individual agency capital budgets. To insure that the State's funds for energy projects achieve the greatest benefit to the state, the Division of the Budget shall review the priorities for energy efficiency efforts being proposed in individual agency Plans. Cost effective energy efficiency projects with the potential for significant energy savings and with simple payback periods of five years or less shall be given priority in funding recommendations and implementation.C. The Division of the Budget shall update and reissue Budget Bulletins E-1002 and E-1004 which provide guidance for energy conservation in State buildings including fiscal incentives for achievement.V. Office of General Services Program Responsibilities.A. The Office of General Services, which provides support services to other agencies in design and construction, shall, in cooperation with the State Energy Office and the Interagency Energy Managers Association, institute methods to accelerate the identification and implementation of energy efficiency projects. Simplified review and expedited processing of contractual documents shall be implemented. Such proposed methods and procedures shall be provided to the Division of the Budget by the Office of General Services within 180 days of the date of this Executive Order and shall be updated as required. It is recommended that the State University Construction Fund, the Dormitory Authority and the Facilities Development Corporation also review their methods and procedures and institute appropriate modifications to accelerate the identification and implementation of energy efficiency projects in their respective areas.B. With the assistance of the State Energy Office, the Office of General Services shall evaluate its property leasing practices to determine whether such practices should be revised to better achieve energy conservation in buildings leased by the State and to enable the State to benefit from the implementation of energy efficiency projects in such buildings.VI. Individual Agency Responsibilities. A. To ensure accountability, coordinate activities and enhance information sharing among building personnel and agency staff, each agency shall, within 30 days of the date of this Executive Order, designate an energy manager who shall be responsible for identifying cost effective energy saving operational maintenance procedures and energy efficiency projects, identifying appropriate funding sources for cost effective energy efficiency projects, seeking approval for project implementation and monitoring energy-related activities within that agency's buildings. Agency energy managers shall also ensure that information on energy projects is shared with other agencies and that the agency participates in the Interagency Energy Managers Association.B. Agency energy managers shall be those individuals within the agencies that typically have responsibility for building operations. Each energy manager shall be an individual who shall have access to the agency head and who can command the cooperation of both administrative and program staffs. Each State building or community of buildings, such as a State campus or facility, shall also have a designated facility energy coordinator to insure appropriate communications on energy related issues between the central agency and their field facilities.C. To encourage the active participation of all agency personnel and units, each agency shall develop and implement an employee and/or facility awards program for energy conservation. The awards program may include incentives and awards such as certificates of appreciation to employees taking special initiative to reduce energy costs, as well as special recognition awards for buildings or facilities that have achieved significant reductions in energy usage.VII. Compliance with State Lighting Efficiency Standards. Each State agency that operates existing State-owned buildings consuming an average of 5,000 kwh/month or more for lighting shall be required to file with the State Energy Office by April 1, 1991 a statement of compliance with the State Lighting Efficiency Standards (Energy Law, Article 8). The Office of General Services, in consultation with the Energy Office, shall develop procedures to assist agencies in complying with the required filing.
VIII. Appliance Efficiency Standards. The State Energy Office shall, after consultation with the Commissioner of the Office of General Services, establish cost-effective efficiency standards for appliances and other energy using products commonly purchased by the State, which shall exceed any applicable requirements of Article 16 of the Energy Law. The State Energy Office shall prepare a list of covered appliances and products, and corresponding minimum efficiency levels. Minimum efficiency standards shall be established for commercial air conditioners, motors and lamps, in addition to any appropriate appliance or product covered by Article 16. No new or replacement appliances or products shall be purchased by the State which do not meet or exceed the standards established pursuant to this paragraph, and no building design or specifications for new construction or substantial renovation of State-owned buildings shall incorporate covered appliances or products which do not meet or exceed such standards.
Signed: Mario M. CuomoDated: January 2, 1990
[FN*] [Revoked and superseded by Executive Order No. 111 (George E. Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.132