Current through Register Vol. 46, No. 39, September 25, 2024
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.]
