President Signs Executive Order 13514: Federal Leadership In

President Signs Executive Order 13514: Federal Leadership in Environmental, Energy, and Economic Performance Recently signed Executive Order 13514 (EO 13514) strives to improve energy efficiency and environmental performance in federal agencies. This article provides an overview of the EO, summarizes its other key provisions and their time frame for implementation, and offers some conclusions about EO 13514 in practice.

Overview of Executive Order 13514 On October 5, 2009, President Obama signed a sweeping new executive order with far-reaching ramifications for federal energy conservation and environmental policy. Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, strengthens requirements set forth by the Energy Independence and Security Act (EISA), the Energy Policy Act of 2005, and Executive Order 13423. It contains a virtual potpourri of initiatives for federal agencies to implement, including requirements related to the following topics: • Energy efficiency • Greenhouse gas emission mitigation • Water conservation • Waste management and recycling • Green procurement • Pollution prevention • Fleet management • Livable communities • Transparency in government

Unlike many other executive orders, which typically contain only general directions for federal policy, EO 13514 contains considerable detail such as specific goal-setting, inventorying, and reporting requirements. For example—and of particular importance—EO 13514 requires every federal agency to establish quantitative greenhouse gas (GHG) reduction targets and to develop policies and programs to achieve them. EO 13514 also requires federal agencies to do all of the following: • Reduce vehicle fleet petroleum use 30% by 2020. • Improve water efficiency 26% by 2020. • Achieve 50% recycling and waste diversion by 2015. • Meet sustainability requirements across 95% of all applicable contracts. • Implement the 2030 net-zero-energy building requirement. • Develop and carry out integrated strategic sustainability performance plans.

Summary of Executive Order 13514 Table 1 below summarizes the key provisions of the Executive Order. EO 13514 contains requirements for action by every federal agency. However, the Council on Environmental Quality (CEQ) and the Office of Management and Budget (OMB) have specific oversight roles regarding the EO. Such specific oversight roles are indicated in the table. Some provisions have specific quantified compliance targets and time frames, which are also indicated in the table. Where no time frame is indicated, federal agencies are supposed to begin implementing that provision immediately.

Table 1. Key Provisions of Executive Order 13514 Implementation Time frame from EO Topic Section Summary signing GHG reduction 2[a] Each federal agency must establish a percentage January 2010 targets for direct reduction target for Scope 1 GHG emissions and energy- (direct) and Scope 2 GHG emissions (energy- related generation)* to be achieved by 2020 emissions GHG reduction 2[b] Each federal agency must establish a percentage June 2010 targets for reduction target for Scope 3 GHG emissions indirect (indirect impacts)* to be achieved by 2020 emissions Agency-wide 2[c] Each federal agency must establish and report to January 2011 GHG CEQ and OMB a comprehensive inventory of GHG inventories emissions Improve water 2[d] Each federal agency must improve water use No later than 2020 use efficiency efficiency by reducing potable water consumption (or a 2% annual by 26%, reducing non-potable water usage by 20%, reduction) promoting water reuse, and implementing storm water management guidance Pollution 2[e] Each federal agency must promote pollution No later than 2015 prevention prevention and eliminate waste by minimizing waste generation, diverting 50% of non-hazardous solid waste, diverting 50% construction and demolition waste, and reducing paper usage by 30% and other reduction programs Regional and 2[f] Each federal agency must advance regional and None specified local integrated local integrated planning by participating in regional planning transportation planning efforts, aligning federal policies to enhance local planning, ensuring federal facilities and leases promote transit-oriented

Implementation Time frame from EO Topic Section Summary signing development, and evaluating the impacts of energy usage and alternative energy sources in NEPA documents for federal facilities High 2[g] Each federal agency must: performance Implement high performance sustainable building No later than 2030 sustainable (HPSB) design; and ensure construction, (beginning in 2020) buildings operation, management, maintenance, and (HPSB) destruction achieves zero-net energy consumption by complying with High Performance and Sustainable Building Guiding Principles No later than 2015, with ongoing Retrofit at least 15% of existing buildings to meet progress toward the above principles, and make progress toward 100% 100% Sustainable 2[h] Each federal agency must ensure that 95% of new None specified acquisition contracts for products and services (except weapon (e.g., systems) are energy efficient (e.g., ENERGY government STAR), water efficient, bio-based, environmentally contracting) preferable, non-ozone depleting; contain recycled content; and are non-toxic or a low-toxic alternatives Electronics 2[i] Each federal agency must promote electronic None specified stewardship stewardship by purchasing qualified electronic products, establishing energy-efficient usage, employing environmentally sound disposal practices, implementing best management practices, and implementing Environmental Management Systems Steering 3 The OMB Director and the CEQ Chair shall None specified Committee on establish an interagency Steering Committee on Federal Federal Sustainability to oversee implementation of Sustainability this EO, share information among agencies, and enlist the support of other organizations within the federal government to achieve the goals of the EO Director of OMB 4 The OMB Director shall review and approve each None specified additional duties agency’s Strategic Sustainability Performance Plan (see also section 8) and prepare “scorecards” to periodically evaluate performance in implementing the EO

Implementation Time frame from EO Topic Section Summary signing

Additionally, the OMB director shall issue instructions to agencies concerning budget and appropriate matters relating to the EO Chair of CEQ 5 The CEQ Chair shall issue guidance for the GHG- None specified additional duties related provisions of the EO, work with OMB on the reporting metrics, and review and evaluate each agency’s Strategic Sustainability Performance Plan

Additionally the Chair must provide the President February 2010 for with an aggregate federal government-wide target Scope 1 and 2; for Scope 1, 2, and 3 GHG reductions June 2010 for Scope 3 Federal 6 The Federal Environmental Executive shall identify None specified Environmental strategies and tools to assist in implementing the Executive EO and will monitor and advise CEQ and OMB on its implementation Senior 7 The head of each federal agency shall designate a November 2009 Sustainability Senior Sustainability Officer to oversee the EO Officers within the agency; each Senior Sustainability Officer shall be responsible for developing agency targets required by the EO, preparing the Strategic Sustainability Performance Plan, and monitoring and reporting about implementation of the EO Strategic 8 Each federal agency must develop, implement, and June 2010 Sustainability annually update an integrated Strategic Performance Sustainability Performance Plan subject to the Plan approval by the OMB Director under section 4

With respect to the period beginning in fiscal year 2011 and continuing through the end of fiscal year 2021, each agency plan must achieve the sustainability goals and targets established in section 2 Greenhouse 9 The Department of Energy must provide: gas accounting Recommended federal GHG reporting and April 2010 and reporting accounting procedures for all Scope 1, 2, and 3 sources to the CEQ Chair for agencies to use in carrying out obligations under subsections 2(a), (b), and (c) of the EO

Implementation Time frame from EO Topic Section Summary signing

Electronic accounting and reporting capability for October 2010 the federal GHG reporting procedures developed in this section

Recommendations to the CEQ Chair for revised Every 3 years from Federal GHG reporting procedures for agencies date of issuance of to use in implementing subsections 2(a), (b), and initial guidance (and (c) of the EO as otherwise needed) Sustainable 10 The Department of Transportation must review April 2010 locations for existing policies and practices associated with site federal facilities selection for federal facilities and provide recommendations to the CEQ Chair regarding sustainable locations strategies for consideration in Sustainability Plans Federal local 11 The General Services Administration must review April 2010 transportation current federal policies and practices associated logistics with use of public transportation and provide recommendations to the CEQ Chair on how these policies and practices could be revised to support implementation of the EO Federal fleet 12 The Department of Energy must issue guidance on April 2010 management federal fleet management that addresses use of alternative fuel, electric and low GHG-emitting vehicles, reduction of vehicle miles traveled and installation of renewable fuel pumps Vendor and 13 The General Services Administration must provide April 2010 contractor recommendations to the CEQ Chair and the emissions Administrator of the OMB’s Office of Federal Procurement Policy regarding feasibility of working with the federal vendor and contractor community to provide information to help track and reduce Scope 3 GHG emissions related to supply of products and services to the government Stormwater 14 The EPA must issue guidance on implementation December 2010 guidance for of Section 438 of the Energy Independence and federal facilities Security Act of 2007 Regional 15 The Federal Environmental Executive shall develop April 2010 coordination and implement a regional implementation plan to support the goals of this EO

Implementation Time frame from EO Topic Section Summary signing Agency roles in 16 The agencies shall participate in the interagency October 2010 support of Climate Change Adaptation Task Force, and the federal CEQ Chair shall provide to the President, following adaptation consultation with the Task Force, a progress report strategy and recommendations for further measures in support of U.S. strategy for adaptation to climate change Limitations 17 The head of an agency may provide that this order None specified apply in whole or in part to the activities, personnel, resources, and facilities of the agency not located within the U.S., if the head of the agency determines that such application is in the interest of the U.S. Exemption 18 The Director of National Intelligence may exempt None specified authority certain U.S. intelligence activities from the provisions of this order

The head of an agency may exempt law enforcement activities and activities in the interest of national security from the provisions of this order; if the head of an agency issues an exemption in the interest of national security, the agency must notify the CEQ Chair in writing within 30 days of issuance of the exemption

The head of an agency may submit to the President, through the CEQ Chair, a request for an exemption of an agency activity from this order. Notes: * Section 19 of the EO, “Definitions,” provides definitions of the different types of GHG emissions and other terms used in the EO.

Meeting the Challenge As Table 1 illustrates, federal agencies will face considerable new responsibilities to achieve the goals and targets outlined in Executive Order 13514. The timeframe for implementing the above objectives is aggressive and agencies will need to identify the critical path forward, and deploy resources accordingly. Unlike federal regulations, an executive order applies only to the internal operation of the federal government and does not necessarily have the force and effect of law. Nor can it establish requirements for non-federal entities or individuals. Nevertheless, because federal agencies have such a key role in environmental policy-making, EO

13514 will undoubtedly have a strong influence on non-federal entities as well. In fact, this appears to be precisely what President Obama hopes will happen when he declares in the preamble: 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.

Climate change, energy efficiency, and sustainability have been core competencies of ICF since the mid-1980s. More than 250 of our employees have experience advising public and private-sector clients to help develop GHG emission inventory and mitigation plans, sustainability strategies and tracking systems; ICF staff are recognized experts in energy, waste management, water conservation, transportation, green procurement, staff engagement, and environmental management systems (EMS). ICF is uniquely qualified to assist federal agencies with implementation of the EO 13514, with the staff centered in the DC-metro area and throughout the country. For additional information, please contact Diana Pape at 202.862.1123 or Marian Van Pelt at 202.862.1129 at ICF International. Please also visit our Green Government page with resources and more information about our services related to federal sustainability, including EO 15314 and its implementation.