134.2.v5.pdf

United States Department of Agriculture Research, Education, and Economics

ARS □ ERS □ NASS □ NIFA

Policies and Procedures

Title: Energy, Water, and Sustainability Policy

Number and Date: P&P 134.2 v.5 Issue Date: July 27, 2022

Originating Office: Facilities Division Approval Date: December 2, 2022

This Replaces: P&P 134.2, Energy, Water, and Sustainability Policy – 03/30/20 and Bulletin 21-134.2, Energy, Water, and Sustainability Policy Update – 5/14/2021

Distribution: All REE Agencies

This P&P provides the Agency's plan to implement the goals and requirements of the Energy Policy Act of 2005 (EPACT 2005), the Energy Independence and Security Act of 2007 (EISA), the Energy Act of 2020, and Executive Order (EO) 14057 – Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.:

This is an official, version controlled document and may be referenced only by hyperlink to the REE Issuances web page. This document may not be reposted

Contents

1. Purpose

2. Background

3 Policy

4. Authorities

5. Responsibilities

6. Definitions

7. Acronyms

8. Procedures

APPENDICES:

Appendix 1 Action Plan

REE Energy Water and Sustainability Plan and Implementation Strategies

1. Management Plan Framework

2. Authorities

2.1 Acts and Executive Orders

2.2 Guidance

2.3 Bulletins, P&Ps, and other issuances

2.4 Metering Guidance

2.5 Energy Efficient Design of New Federal Buildings

2.6 Pay for All Utilities with METTEL BRUIN (or successor system)

3. Roles and Responsibilities

3.1 Facilities Division (FD)

3.1.2. Safety, Health, and Environmental Management Branch (SHEMB)

3.1.3. Capital Investment, Asset Management and Modernization Branch will:

3.1.4. Real Property Management Branch (RPMB) will:

3.1.5. Facilities Energy Manager will:

3.2. Acquisition and Property Division (APD) will:

3.3. NASS, ERS and NIFA

3.4. Responsibilities of Areas

3.5. Responsibilities of Area/Location Energy Managers

3.6. Responsibilities of Locations (These responsibilities include NASS, ERS and NIFA field offices as applicable.)

3.7. Responsibilities of Office of ITSD and Information Technical Specialist (ITSD and ITS)

4. Definitions and Information

Acquisition & Disposal of Real Property

Advanced Metering

Alternative Financing

Alternative Fuel Vehicles (AFV), Flexible Fuel Vehicles (FFV), Hybrid Vehicles, Plug in Hybrid vehicles, Electric vehicles and Neighborhood Electric Vehicles (NEV)

Alternative and Renewable Fuels

Beneficial Landscaping

Biobased Products

Carbon Pollution Free Electricity (CFE)

Climate Change Adaptation vs Mitigation

Commissioning, Re-commissioning and Retro-commissioning

Compliance Tracking System (CTS)

Composting

Curtailment

Demand Response

Demand-Side Management

Electronics Stewardship

Environmental Management System (EMS)

Energy Audit

Energy-Efficient Products

Energy Efficient Lighting

Energy Efficient Design

Energy Star Portfolio Manager

Environmentally Preferable Products

ESPC

Facility

Fossil Fuels

Greenhouse Gas (GHG)

Green Cleaning Products

Hazardous Chemicals

Incentives and Rebates

Integrated Pest Management

Low Emitting Greenhouse Gas Vehicles

Mercury-containing Products

NEPA

Occupancy Sensors

Operation and Maintenance (O & M)

Ozone Depleting Compounds

Recycling

Recycled Products

Renewable Energy

Resilience

Sustainable Building Inventory

Sustainable Leasing

Tax Exemption

UESC

Water Conservation

WaterSenseSM

Management Infrastructure

5. Assessing REE Status

6. Framing strategies for low or no cost compliance with EPACT 2005, the EISA of 2007, Energy Act of 2020, and EO 14057

7. Perform energy/water use audits and re-commissioning/retro- commissioning

8. Investigate building component energy and water saving opportunities and rank

9. Estimate the investment required to comply with EPACT 2005, the EISA of 2007, Energy Act of 2020, and EO 14057

10. Identify facilities that are likely to house the greatest energy savings opportunities and prioritize investments

11. Identify similar facilities that can benefit from similar efforts

12. Track utility costs

13. Provide access to energy savings expertise to Areas and locations

14. Identify sources of funding to accomplish energy savings projects

15. Monitor progress

16. Provide Appropriate Training

Appendix 2

References and Acronyms

Acronyms

Appendix 3

Low Hanging Fruit – Low or No Cost Actions

Appendix 4

Selected Statutory Requirements

Appendix 5

Authorized Signing Officers

Appendix 6

1. Purpose.

The Energy Policy Act of 2005 (EPACT 2005), the Energy Independence and Security Act (EISA) of 2007, the Energy Act of 2020, and Executive Order (EO) 14057 – Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability require executive departments and Federal agencies to conserve energy and water; to design, construct, and maintain sustainable facilities; and procure environmentally preferable products. They set mandatory goals. Follow the Implementing Instructions for Executive Order 14057. This Policy & Procedures (P&P) provides a plan for the Research, Education, and Economics (REE) Mission Area to implement these requirements. It applies to all of REE.

Exclusions

This P&P does not apply to the following facilities:

a) REE facilities that have minimal energy usage per square foot (e.g., sheds, outside parking garages, and barns that are very low electricity and water use and not climate controlled and under thresholds based on size).

b) United States Department of Agriculture (USDA) leased facilities where the landlord is responsible for paying the utility bills.

c) General Services Administration (GSA)-controlled space assigned to REE where REE does not directly pay for utilities.

d) Shared and/or free space provided to REE where REE does not directly pay utility costs.

e) Occupants of these excluded facilities should still conserve energy, water, and resources in any ways available to them, including asking landlords to implement energy and water conservation and sustainability measures.

2. Background

Reducing energy costs is a top priority for REE. The Federal government is the largest consumer of energy in the country. Congress and the President have charged Federal agencies to lead by example by making significant efforts in conservation of energy and water, good stewardship of resources, and by creating sustainable facilities. Meeting this challenge is mandatory.

REE has over 3,300 buildings in 94 locations nation-wide. They include laboratories, offices, greenhouses, agricultural buildings, and bio-containment facilities. Many of 5 these facilities are very energy intensive. About 85 percent of the total cost of ownership of a facility is in operation and maintenance (O&M), and about 40 percent of that (or about 1/3 of the total O&M cost) is utilities. REE also has over 3,100 vehicles. This represents a significant energy expense and an opportunity to save money.

3 Policy

Consistent with REE’s mission and without compromising health and safety, it is REE policy to give energy and water conservation as well as sustainability, prime consideration in the acquisition, use, and disposal of all property and in the performance of all functions. This action will reduce the impact of our activities on the environment and help conserve resources. Efficiency and conservation shall be integrated into the core activities of the Agency. It shall be every employee’s responsibility to ensure that every reasonable effort is made to reduce operating costs and conserve energy, water, and resources.

4. Authorities

EPACT 2005 requires Agencies to:

a) Reduce energy consumption by 2 percent per year through Fiscal Year (FY) 2015 based on FY 2003 consumption levels.

b) Ensure all Federal buildings have advanced electric meters, where cost effective, by the end of FY 2012. (10,000 SF and energy intensive)

c) Ensure all new building designs will be 30 percent more energy efficient than American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) 90.1. (this has been amended from time to time)

d) Routinely use alternative fuel in dual-fueled alternative fuel vehicles (AFVs) unless an alternative fueling station is too far away or too expensive, based on Agency waiver.

EISA requires Agencies to:

a) Reduce energy intensity by 3 percent per year compared to a fiscal year (FY) 2003 baseline.

Reduce energy consumption in buildings by 30 percent by FY 2015.

b) Identify all “covered facilities” that constitute at least 75% of the Department’s facility energy use and designate an energy manager at each.

c) Complete energy evaluations at 25 percent of covered facilities annually and implement identified energy efficiency measures within two years of evaluations.

d) Recommission or retro-commission covered facilities every four years if indicated by an energy audit, to verify that building systems are functioning as designed and properly operated and maintained.

e) Complete comprehensive water evaluations at 25 percent of covered facilities each year and implement identified water-saving measures within two years of evaluations.

f) Track evaluations, projects and benchmarking of covered facilities in DOE’s Compliance Tracking system (CTS). Benchmarking is done with Energy Star Portfolio Manager.

g) At least 30 percent of hot water demand in new or renovated Federal buildings must come from solar water heating if lifecycle cost effective.

h) Reduce vehicle fuel consumption. Reduce petroleum consumption by 20 percent by 10/1/2015 and continuing thereafter, from a FY 2005 baseline.

i) Increase vehicle alternative fuel use by 10 percent by 10/1/2015 and continuing thereafter from a FY 2005 baseline.

j) Increase use of hybrids, Neighborhood Electric Vehicles (NEVs), and more fuel-efficient vehicles.

k) Have at least one renewable fuel pump at each Federal fueling center if they turn over more than 100,000 gallons per year.

l) Use energy efficient new and replacement lighting and bulbs.

m) Reduce fossil fuel generated energy consumption in 2010 – 55 percent, 2015 – a. 65 percent, 2020 – 80 percent, 2025 – 90 percent, and 2030 – 100 percent in new facilities and major renovations.

n) Use a green building certification system.

o) Use energy efficient equipment for replacements.

p) Install advanced metering of natural gas and steam by the end of FY 2016.

q) Lease only Energy Star® buildings when over 10,000 Square Feet (SF).

r) Include energy efficiency and renewable energy in lease language.

s) Purchase appliances requiring less than 1 watt of standby power.

t) Purchase Energy Star® or FEMP designated energy-efficient products.

Note: Continue to make progress on these efforts even though the completion dates have passed.

The Energy Act of 2020 requires Agencies to:

a) Two years after completion of each energy audit, all life cycle cost effective energy or water conservation measures (ECM) must be completed.

b) Use performance contracting to accomplish 50% of ECMs. (ESPCs and UESCs).

c) Agencies must install all life cycle cost effective energy and water conservation measures in owned buildings.

d) To the maximum extent practicable, as soon as practicable after October 1, 2022.

e) Report non-compliance to Congress every two years, beginning January 1, 2022.

f) Requires annual reporting on the status of ESPCs and UESCs including investment values, energy quantity, forecast and comparison to previous forecasts, and divergence.

g) Data Centers must be evaluated for efficiency every four years.

h) Geothermal energy counts as renewable energy.

i) Covered facility designations take water consumption into account as well as energy.

j) Use ISO 50001 certification.

k) EISA Section 432 requires that 25% of covered facilities have an energy audit each year.

Covered facilities are the top 75% of energy consuming locations. The Energy Act of 2020 requires that it be no longer than 4 years between energy audits. l) Identification of ECMs and completion of projects are recorded in the DOE Compliance Tracking System.

m) Install water meters

EO 13990 – Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis

a) Revokes Executive Order 13834 except for Sections 6, 7, and 11.

b) Section 6 states the duties of the Federal Chief Sustainability Officer.

c) Section 7 states the duties of the Heads of Agencies in implementing the policy.

d) Section 11 limits the legal impact of the EO.

e) The underlying Statutes of EO 13834, which are still in force, are listed in Appendix 4 – “Selected Statutory Requirements.”

EO 14008 – Tackling the Climate Crisis at Home and Abroad is summarized as follows:

a) Sec. 204 – Aligns “the management of Federal procurement and real property … to support robust climate action.”

b) Sec. 205 – OMB, CEQ and others to develop plan “revitalizing the Federal Government's sustainability efforts” – due within 90 days (late April).

c) Sec. 206 – Procurement Standards – requires domestic clean energy/energy efficient products.

d) Sec. 211– Requires Agencies to prepare and submit a Climate Action Plan.

e) Sec. 213 – Sustainable Infrastructure – CEQ/OMB to take steps to ensure “Federal infrastructure investment reduces climate pollution.”

Guiding Principles for Sustainable Federal Buildings and Associated Instructions dated December 2020 can be found at https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_buildings.pdf.

a) All new construction and major modernization projects over 10,000 Square Feet must follow the LEED methodology and comply with the Guiding Principles for Sustainable Federal Buildings. (5% must be submitted for certification. Green Globes is an acceptable third-party certification.)

b) All existing facilities will be evaluated every 4 years for compliance with the Guiding Principles for Sustainable Federal Buildings (starting with the FY2021 Annual Energy Report data call)

EO 14057

a) E.O. 14057 outlines a coordinated, whole-of-government approach, along with individual agency goals and actions, to transform Federal procurement and operations to reduce greenhouse gas (GHG) emissions and environmental impacts and secure a transition to clean energy and sustainable technologies. It establishes that the Federal Government will lead by example to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by 2050, using its scale and procurement power.

b) Government wide goals

a. 100percent carbon pollution-free electricity on a net annual basis by 2030,including 50percent 24/7carbon pollution-free electricity.

b. 100percent zero-emission vehicle acquisitions by 2035, including100percent zero emission light-duty vehicle acquisitions by 2027

c. A net-zero emissions building portfolio by 2045, including a 50percent emissions reduction by 2032

d. A 65percent reduction in scope1 and 2 GHG emissions from Federal operations by

2030 from 2008 levels

e. Net-zero emissions from Federal procurement, including a Buy Clean policy to promote use of construction materials with lower embodied emissions https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_buildings.pdf

f. Climate resilient infrastructure and operations; and

g. A climate-and sustainability-focused Federal workforce.

h. Beginning in FY 23

i. CEQ/OMB will conduct annual portfolio management reviews with principal agencies, consisting of meetings with Agency Chief Sustainability Officers and other senior agency leaders to review agency progress toward goals

c) Set Sustainability Goals and Targets

d) Strategies for meeting the energy and water goals:

a. Implement all energy and water conservation measures

b. Install renewable energy

c. Purchase REC sand carbon free electricity

d. Build net zero and 24/7 carbon pollution free electricity facilities.

e. Implement heat pump HVAC and domestic hot water

f. Use geothermal energy

g. Phase out fossil fuel use

h. Purchase ZEVs, EVs and PHEVs and install charging stations (EVSE)

i. Utilize performance contracting

j. Install only high efficiency equipment and appliances mm

k. Practice electronics stewardship

l. Incorporate mass timber construction to reduce embodied carbon.

5. Responsibilities

Responsibility for carrying out the requirements of EPACT 2005, EISA, EA 2020, and EO 14057 falls on the entire mission area. For more detailed responsibilities see Appendix 1.

Acquisition and Property Division (APD)

APD will be responsible for procurement policy including green purchasing, fleet transportation, electronics stewardship, and purchase cards. Procurement policy will include bio-based products, recycling and recycled products, Energy Star® and other energy efficient, environmentally preferable products and water consumption reducing products. Acquisition and Personal Property Division, (APD), Personal Property and Fleet Oversight Branch (PPFOB), is responsible for Fleet Transportation relative to petroleum use, alternative fuels, flex fuel, hybrid vehicles, and maintenance of the Federal Automotive Statistical Tool (FAST) system. APD is the contact for procurement of bulk Gasoline, Fuel Oil (Diesel and Burner), and Kerosene through DLA Energy Enterprise External Business Portal (EEBP) which is mandatory for purchasing over 10,000 gallons annually and optional for less than 10,000 gallons per year.

Facilities Division (FD)

FD will be responsible for overseeing the implementation of EPACT 2005, EISA, EA 2020 and EO 14057 as they relate to major facilities. FD will be responsible for water conservation, reducing use of ozone depleting compounds, renewable energy, environmentally preferable products, and sustainable design. FD will incorporate the 2016 Guiding Principles for Sustainable Federal Buildings into all new construction and modernization over 10,000 SF. The Safety, Health, and Environmental Management Branch (SHEMB) will be responsible for implementing and coordinating the requirements for non-facility ozone depleting compounds and hazardous chemicals and for coordinating the expansion of the Environmental Management system (EMS) program to include EO 14057. Real Property Management Branch (RPMB) will be responsible for maintaining the Corporate Property Automated Information System (CPAIS) and sustainable leasing, acquisition, and disposal of real property. Capital Investment, Asset Management and Modernization Branch will be responsible for incorporating the requirements of this P&P into new construction and major modernization projects under their control.

Guiding Principles

The 2020 Guiding Principles for Sustainable Federal Buildings for existing buildings are:

1. Employ Integrated Assessment, Operation, and Management Principles

2. Optimize Energy Performance

3. Protect and Conserve Water

4. Enhance Indoor Environmental Quality

5. Reduce the Environmental Impact of Materials

6. Assess and Consider Climate Change Risks

The 2020 Guiding Principles for Sustainable Federal Buildings for new construction and modernization are:

1. Employ Integrated Design Principles

2. Optimize Energy Performance

3. Protect and Conserve Water

4. Enhance Indoor Environmental Quality

5. Reduce the Environmental Impact of Materials

6. Assess and Consider Climate Change Risks

See Appendix 1 and https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_buildings.pdf for more information on the 2020 Guiding Principles for Sustainable Federal Buildings. USDA specific checklists are in Appendix 1.

All of FD will be responsible for maintaining a sustainable building inventory based on the 2016 Guiding Principles for Sustainable Federal Buildings and building Operation and Maintenance (O&M) policy and guidance.

The ARS Facilities Energy Manager (FEM) in FD will be responsible for the overall implementation and management of the Energy, Water, and Sustainability Program.

NASS, ERS and NIFA

NASS, ERS and NIFA activities are largely office oriented and conducted in leased space where utilities are included in lease payments. All occupants of these spaces should conserve energy, water, and resources in any manner available to them and encourage landlords to do so as well.

Vehicle and electronics use shall also conform to this policy. The Administrators of NASS, ERS, and NIFA are responsible for their respective agencies’ duties under this policy.

Areas and Locations

Area Administrative Office Directors, Facilities Safety and Real Property Teams and Area Offices and Locations will be responsible for repair and maintenance (R&M) projects, and building authority projects within their delegated authority, use of purchase cards, the National Environmental Policy Act (NEPA) documentation related to facilities, O&M of facilities, record keeping, and reporting. The primary responsibility for green or environmentally preferable purchasing such as Bio-based, Recycled, Energy Star®, FEMP designated, Water Sense SM products, etc., lies on the program offices.

ITSD and Information Technology Specialists (ITS)

ITSD/ITS will practice good electronics stewardship by utilizing EPEAT® and Energy Star® products and implementing IT practices designed to conserve energy. The Chief Information Officer will be responsible for Information Technology (IT) acquisitions in coordination with APD using EPEAT® and Energy Star. ®

6. Definitions

Alternative Fuel is fuel that is substantially not petroleum (oil). Alternative fuel includes renewable fuel [Biodiesel (in a 20 percent or higher blend) or 85 percent ethanol/15 percent gasoline (E85)], natural gas, liquid propane, hydrogen, coal-derived liquid fuel, and electricity. Compressed natural gas (CNG), Liquefied Natural Gas (LNG), and

Liquid Propane Gas (LPG) are alternative fuels. Renewable fuel is produced from biomass or bio-based oils.

A Bio-based or BioPreferredSM product is a product determined by the USDA to be a commercial or industrial product (other than food or feed) that is composed in whole or in significant part, of biological products including renewable, domestic agricultural materials including plant, animal, marine, or forestry materials. They have procurement preference. Renewable fuels are not part of the bio-based program.

Carbon Pollution Free Electricity (CFE) – Electricity purchased or produced without using any fossil fuel. Targets are 100% net annual CFE use by 2030, 50% 24/7 CFE by FY 2030. 24/7 CFE matches energy use on an hourly basis. CFE includes a range of power sources, including renewable energy like solar, wind and hydropower as well as nuclear energy and fossil fuel power plants that capture and store carbon dioxide emissions.

Electronics stewardship involves purchasing, using, and disposing of computers responsibly, according to Federal regulations.

An EMS framework is a continual cycle of planning, implementing, reviewing, and improving to allow an organization to consistently address the effects its operations may have on the environment and support continual improvement. Aspects are examined for their impacts. It is a continuous cycle of improvement which consists of four steps: Plan, Do, Check, and Act.

Environmentally preferable products are products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, product manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal. Bio-based, recycled, energy and water efficient, sustainably harvested, low toxicity, and rapidly renewable products are examples of environmentally preferable products.

Resilience (Energy) is the ability to prepare for and recover from energy disruptions that impact the mission.

Energy Star® is a rating of energy and water efficiency in products in an EPA program.

Energy Star Portfolio Manager is a benchmarking system for buildings in an EPA program.

EPEAT® is an on-line system to help purchasers in the public and private sectors evaluate, compare, and select desktop computers, notebooks, and monitors based on their environmental attributes.

An Energy Savings Performance Contract (ESPC) is a performance contract between an Energy Service Company (ESCO) and a Federal customer. A Utility Energy Service Contract (UESC) is a similar arrangement with a utility. With ESPCs and UESCs, agencies can take advantage of private sector capital to fund energy and water saving equipment and renewable energy systems at Federal facilities. The cost of improvements is paid from the energy savings. Under ESPC authority Agencies can combine funds, obtain state or utility-sponsored rebates for energy-efficient improvements, and can apply for public benefits funds set aside to promote energy efficiency.

A Facility means any building, installation, structure, or other property owned or operated by, constructed for, or leased to the Federal Government. This includes a group of facilities at a single location or multiple locations managed as an integrated operation, and Contractor-operated facilities owned by the Federal Government. It may be a group of buildings or structures that share the same servicing energy and water utilities so that utility data can be aggregated easily. A Covered Facility is one in the top 75% of energy consumption measured at the Department level.

Greenhouse Gases (GHG) include CO2, CH4, SF6, N2O, HFCs, PFCs and other natural or man-made gases in the atmosphere that absorb and emit radiation within the thermal infrared range.

The Green Procurement Compilation (GPC) at https://sftool.gov/greenprocurement, is a comprehensive green purchasing resource designed for Federal contracting personnel and program managers. It consolidates and organizes information from federal environmental programs in one place, saving the user from visiting multiple websites.

https://www.gsa.gov/tools-overview/buying-and-selling-tools/green-procurement-compilation.

Renewable Energy means energy produced by solar, wind, biomass, landfill gas, hydrokinetic, or ocean (including tidal, wave, current, and thermal) resources.

Sustainability is defined as the ability to meet present needs without compromising those of future generations. Sustainability also means incorporating the 2020 Guiding Principles for Sustainable Federal Building as noted earlier. The guiding principles can be found at https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_building s.pdf. If a 3rd party such as USGBC is used to verify sustainability The facility must meet both LEED Silver and the 2020 Guiding Principles.

Additional Definitions and Information are provided in Appendix 1, Section 4.

https://sftool.gov/greenprocurement https://www.gsa.gov/tools-overview/buying-and-selling-tools/green-procurement-compilation https://www.gsa.gov/tools-overview/buying-and-selling-tools/green-procurement-compilation

7. Acronyms

A list of acronyms is provided in Appendix 2.

8. Procedures

FD will issue the REE Energy, Water, and Sustainability Plan, and

Implementation Strategies in which the actions to be taken and the Agency roles and responsibilities will be defined in more detail. (Appendix 1)

Signature for approval: Date of approval:

___________________________ ____1 Dec 2022_____

Nino Fleri Director, Facilities Division

APPENDICES:

Appendix 1 Action Plan

REE Energy Water and Sustainability Plan and Implementation Strategies

1. Management Plan Framework

The overarching framework of the energy, water, and sustainability plan will be an EMS.

Locations will incorporate their responsibilities into their existing EMS. A second level EMS will be implemented at headquarters (HQ). An EMS is a framework that allows an organization to consistently address the effects its operations may have on the environment. It is a continual cycle of planning (plan), implementing (do), reviewing (check), and improving (act) a process. It is based on an examination of cause and effect at each facility where activities may have an impact on the environment.

The consumption of energy and water are additional impacts that can be tracked by the existing EMS framework. This will enhance REE’s overall goal of complying with EO 14057 and other laws.

2. Authorities

2.1 Acts and Executive Orders

2.1.1 EPACT 2005 requires Agencies to:

a) Ensure all Federal buildings have building level advanced electric meters, where cost effective (10,000 Square Feet (SF) or larger and energy intensive is USDA’s working assumption for cost effectiveness), by the end of FY 2012.

b) Ensure all new building designs will be 30 percent more energy efficient than American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) 90.1-2004. (updated from time to time, it is 90.1-2019 at the time of writing)

c) Routinely use alternative fuel in dual-fueled alternative fuel vehicles (AFVs) unless an alternative fueling station is too far away or too expensive, and there is an Agency waiver from DOE.

2.1.2 EISA requires Agencies to:

a.) Reduce vehicle fuel consumption. Reduce petroleum consumption by 20 percent by 10/1/2015 and continue thereafter from a FY 2005 baseline.

b.) Increase vehicle alternative fuel use by 10 percent by 10/1/2015 and continue thereafter from a FY2005 baseline c.) Increase use of hybrids, Neighborhood Electric Vehicles (NEVs), and more fuel-efficient vehicles.

d.) Have at least one renewable fuel pump at each Federal fueling center if they turn over more than 100,000 gallons per year.

e.) Include energy efficiency and renewable energy in lease language.

f.) Use energy efficient new and replacement lighting and bulbs.

g.) Reduce energy consumption in buildings by 30 percent by FY 2015 based on FY 2003.

h.) Have an energy manager for each covered facility.

i.) Perform facility energy audits, water surveys and re-commissioning surveys of covered facilities every four years, and implement energy efficiency improvements within two years.

j.) Reduce fossil fuel generated energy consumption in new facilities and major renovations starting design in 2010 – 55 percent, 2015 – 65 percent, 2020 – 80 percent, 2025 – 90 percent, and 2030 – 100 percent.

k.) Use a green building certification system. (LEED or Green Globes) l.) Use energy efficient equipment for replacements.

m.) Install building level advanced metering of natural gas and steam by the end of FY 2016 where cost effective.

n.) Lease only Energy Star® buildings when over 10,000 SF.

o.) Provide solar hot water heaters for 30 percent of hot water demand in new buildings where life cycle cost effective.

p.) Purchase appliances requiring less than one watt of standby power.

q.) Purchase Energy Star® or FEMP designated energy-efficient products.

r.) Prohibits Federal agencies from acquiring “light-duty motor vehicles Gross Vehicle Weight Rating (GVWR) 8,500 or under, and medium duty passenger vehicles (MDPVs, GVWR between 8,500 and 10,000) that are not low GHG-emitting vehicles” unless there is a “functional needs” exception.

Note: Continue to make progress on these efforts towards stretch goals even though the completion dates have passed or goals have been reached.

2.1.3 The Energy Act of 2020 requires Agencies to:

a) Two years after completion of each energy audit, all life cycle cost effective energy or water conservation measures (ECM) must be completed.

b) Use performance contracting to accomplish 50% of ECMs. (ESPCs and UESCs).

c) Agencies must install all life cycle cost effective energy and water conservation measures in owned buildings.

d) Implement to the maximum extent practicable, as soon as practicable after

October 1, 2022.

e) Report non-compliance to Congress every two years, beginning January 1, 2022.

f) Requires annual reporting on the status of ESPCs and UESCs including investment values, energy quantity, forecast and comparison to previous forecasts, and divergence.

g) Data Centers must be evaluated for efficiency every four years.

h) Geothermal energy counts as renewable energy.

i) Covered facility designations take water consumption into account as well as energy.

j) Use ISO 50001 certification.

k) EISA Section 432 requires that 25% of covered facilities have an energy audit each year. Covered facilities are the top 75% of energy consuming locations. The Energy Act of 2020 requires that it be no longer than 4 years between energy audits.

l) Identification of ECMs and completion of projects are recorded in the DOE Compliance Tracking System. https://www.eisa-432-cts.eere.energy.gov/EISACTS/.

m) Water metering is required.

• The threshold is 25,000 SF for non-water intensive buildings and 1,000 SF for water intensive buildings.

• Water-intensive building types are defined as chiller plants, steam plants, industrial buildings, manufacturing buildings, data centers, lodging, food service, food sales, recreation centers, vehicle wash stations, inpatient health care and hospitals, prisons, vehicle care, laboratories, and irrigation pump houses.

• Each agency shall use, to the maximum extent practicable, advanced meters or advanced metering devices.

• There is a separate prioritization process form energy metering.

EO 13990 – Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis

a) Revokes Executive Order 13834 except for Sections 6, 7, and 11.

b) Section 6 states the duties of the Federal Chief Sustainability Officer.

c) Section 7 states the duties of the Heads of Agencies in implementing the policy.

d) Section 11 limits the legal impact of the EO.

e) The underlying Statutes of EO 13834 are still in force.

EO 14008 – Tackling the Climate Crisis at Home and Abroad is summarized as follows:

a) Sec. 204 – Aligns “the management of Federal procurement and real property … to support robust climate action.”

https://www.eisa-432-cts.eere.energy.gov/EISACTS/ https://www.eisa-432-cts.eere.energy.gov/EISACTS/

b) Sec. 205 – OMB, CEQ and others to develop plan “revitalizing the Federal Government's sustainability efforts” – due within 90 days (late April 2022).

c) Sec. 206 – Procurement Standards – requires domestic clean energy/energy efficient products.

d) Sec. 211– Requires Agencies to prepare and submit a Climate Action Plan.

e) Sec. 213 – Sustainable Infrastructure – CEQ/OMB to take steps to ensure

“Federal infrastructure investment reduces climate pollution.”

Guiding Principles for Sustainable Federal Buildings and Associated Instructions dated December 2020 can be found at https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_building s.pdf. Use USDA specific checklists.

a) All new construction and major modernization projects over 10,000 Square Feet must follow the LEED methodology and comply with the Guiding Principles for Sustainable Federal Buildings. (5% must be submitted for certification. Green Globes is an acceptable third-party certification.)

b) All existing facilities will be evaluated every 4 years for compliance with the Guiding Principles for Sustainable Federal Buildings (starting with the FY2021 Annual Energy Report data call)

EO 14057

a) E.O. 14057 outlines a coordinated, whole-of-government approach, along with individual agency goals and actions, to transform Federal procurement and operations to reduce greenhouse gas (GHG) emissions and environmental impacts and secure a transition to clean energy and sustainable technologies. It establishes that the Federal Government will lead by example to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by 2050, using its scale and procurement power.

b) Government wide goals

a. 100percent carbon pollution-free electricity on a net annual basis by 2030, including 50percent 24/7 carbon pollution-free electricity.

b. 100percent zero-emission vehicle acquisitions by 2035, including

100percent zero emission light-duty vehicle acquisitions by 2027

c. A net-zero emissions building portfolio by 2045, including a 50 percent emissions reduction by 2032

d. A 65percent reduction in scope1 and 2 GHG emissions from Federal operations by 2030 from 2008 levels

e. Net-zero emissions from Federal procurement, including a Buy Clean policy to promote use of construction materials with lower embodied emissions

f. Climate resilient infrastructure and operations; and

g. A climate-and sustainability-focused Federal workforce.

c) Directs the Director of OMB, in coordination with the Chair of CEQ and National Climate Advisor, to issue a memorandum that provides direction on immediate http://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_building http://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_building actions and further requirements to meet the policies and goals of this order M- 22-06, issued December 8, 2022

d) Directs the Chair of CEQ, in coordination with the Director of OMB, to:

a. Issue implementing guidance that provide directions, strategies, and recommended actions to meet the policies and goals of the E.O.

b. Issue building performance standards

c. Consider issuing guidance for agencies to promote sustainable locations for Federal facilities and strengthen the vitality and livability of communities in which Federal facilities are located

e) Submit Annual Sustainability Plans

f) Submit Agency Climate Adaptation Plan and annual updates

g) Section 201 of E.O. 14057 requires each agency head to propose agency-specific targets

a. GHG emissions reductions

b. Carbon pollution-free electricity (CFE)

c. Zero-emission vehicle (ZEV) fleets

d. Net-zero emission buildings, campuses, and installations

e. Energy and water efficiency

h) Initial Target Setting

a. Further guidance for setting individual targets - to be issued by CEQ

b. Tools to assist agencies in project progress and set targets - developed by

DOE-FEMP

c. CEQ will keep agency Chief Sustainability Officers (CSO) and staff apprised of the planned schedule for setting initial agency targets across E.O. goals

d. Targets will be incorporated into annual planning process and where applicable, OMB Scorecard

i) OMB Scorecard: OMB will select agency-established targets and additional performance measures

j) Annual Priority Goal Target and Planning Process

a. Agencies will submit annual strategic plans for the CFE, ZEV, and buildings goals

b. Plans will be streamlined and data driven, using tools and data analysis developed by DOE and GSA

c. CEQ and OMB will review, discuss with agencies where appropriate

d. Not public-facing

e. Internal, collaborative process to assist agencies in developing plans to achieve goals, targets

k) Sustainability Portfolio Management Reviews

a. Beginning in FY 2023

b. CEQ/OMB will conduct annual portfolio management reviews with principal agencies, consisting of meetings with CSOs and other senior agency leaders to review agency progress toward goals

l) Section 4: Sustainability Goals and Targets

m) Each subsection includes the E.O. 14057 goal statement or relevant policy requirement(s), overview of the policy, progress metrics followed by requirements and priority strategies, relevant guidance and technical resources, and any follow-on implementation actions, where applicable: Target, Metrics, Progress Milestones

4.1 –GHG Emissions Reduction

4.2 –Carbon Pollution-Free Electricity

4.3 –Zero-Emission Vehicle Fleet

4.4 –Net-Zero Emissions Buildings, Campuses, and Installations

4.5 –Waste Management

4.6 –Net-Zero Emissions Procurement

4.7 –Climate Resilient Infrastructure

4.8 –Electronics Stewardship

4.9 –Incorporating Environmental Justice

4.10 –Climate- and Sustainability-Focused Workforce

n) Strategies for meeting the energy and water goals:

a. Implement all energy and water conservation measures

b. Install renewable energy

c. Purchase RECs and carbon free electricity

d. Build net zero and 24/7 carbon pollution free electricity f acilities.

e. Implement heat pump HVAC and domestic hot water

f. Use geothermal energy

g. Phase out fossil fuel use

h. Purchase ZEVs, EVs and PHEVs and install charging stations (EVSE)

i. Utilize performance contracting

j. Install only high efficiency equipment and appliances

k. Practice electronics stewardship

l. Incorporate mass timber construction to reduce embodied carbon.

m.

2.2 Guidance

2.2.1 ARS adopts the measures stated in the guidance listed below:

2.2.1.1 Implementing Instructions for Executive Order 14057- Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability [insert link].

2.2.1.2 Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act. https://www.epa.gov/sites/production/files/2015- 08/documents/epa_swm_guidance.pdf

2.2.1.3 Establishing Baseline and Meeting Water Conservation Goals of Executive Order 13423 https://www.epa.gov/sites/production/files/2015-08/documents/epa_swm_guidance.pdf https://www.epa.gov/sites/production/files/2015-08/documents/epa_swm_guidance.pdf https://www.fedcenter.gov/_kd/Items/actions.cfm?action=Show&item_id=14213& de stination=ShowItem

2.2.1.4 Guidance for the Implementation and Follow-up of Identified Energy and Water Efficiency Measures in Covered Facilities -https://www.energy.gov/sites/prod/files/2013/10/f4/eisa_project_guidance.pdf

2.2.1.5 Facility Energy Management Guidelines and Criteria for Energy and Water Evaluations in Covered Facilities – https://www.energy.gov/sites/prod/files/2013/10/f3/eisa_s432_guidelines.pdf

2.2.1.6 Federal Greenhouse Gas Accounting and Reporting Guidance (2016) – https://www.sustainability.gov/pdfs/federal_ghg%20accounting_r eporting- guidance.pdf

2.2.1.7 Guiding Principles for Sustainable Federal Buildings (2020) -https://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_b uildings.pdf.

2.2.1.8 Operations & Maintenance Best Practices Release 3.0 – (Contains Recommissioning (Rcx), Metering and Operation and Maintenance (O&M)) https://www.energy.gov/sites/prod/files/2013/10/f3/omguide_complete.pd f (Being updated)

2.3 Bulletins, P&Ps, and other issuances

The following Bulletins, P&Ps and other issuances shall remain in force until replaced or rescinded:

2.3.1 ARS Facilities Design Standards 242.1 – [under

revision] Available from Facilities Division upon request

2.3.2 Biobased Product Procurement Preference Program DR 5023- 002 -https://www.ocio.usda.gov/sites/default/files/docs/2012/DR5023- 002.htm

2.3.5 USDA Departmental Regulation – Departmental Regulation DR 1070-001 -

U.S. Department of Agriculture Policy Statement on Climate Change Adaptation |

USDA.

2.4 Metering Guidance

2.4.1 Federal Building Metering Guidance at

https://www.energy.gov/sites/prod/files/2014/11/f19/metering_guidance.pdf contains the following instructions:

2.4.1.1. Broadens the 2006 metering guidance.

https://www.fedcenter.gov/_kd/Items/actions.cfm?action=Show&item_id=14213&destination=ShowItem https://www.fedcenter.gov/_kd/Items/actions.cfm?action=Show&item_id=14213&destination=ShowItem https://www.fedcenter.gov/_kd/Items/actions.cfm?action=Show&item_id=14213&destination=ShowItem http://www.energy.gov/sites/prod/files/2013/10/f4/eisa_project_guidance.pdf http://www.energy.gov/sites/prod/files/2013/10/f4/eisa_project_guidance.pdf http://www.energy.gov/sites/prod/files/2013/10/f3/eisa_s432_guidelines.pdf http://www.energy.gov/sites/prod/files/2013/10/f3/eisa_s432_guidelines.pdf http://www.sustainability.gov/pdfs/federal_ghg%20accounting_r http://www.sustainability.gov/pdfs/federal_ghg%20accounting_r http://www.sustainability.gov/pdfs/federal_ghg%20accounting_r http://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_b http://www.sustainability.gov/pdfs/guiding_principles_for_sustainable_federal_b https://www.energy.gov/sites/prod/files/2013/10/f3/omguide_complete.pdf https://www.energy.gov/sites/prod/files/2013/10/f3/omguide_complete.pdf https://www.ocio.usda.gov/sites/default/files/docs/2012/DR5023-002.htm https://www.ocio.usda.gov/sites/default/files/docs/2012/DR5023-002.htm https://www.usda.gov/directives/dr-1070-001 https://www.usda.gov/directives/dr-1070-001 https://www.energy.gov/sites/prod/files/2014/11/f19/metering_guidance.pdf

2.4.1.2 Agency metering plans are to be submitted by November 2015.

2.4.1.3. Recommends how to identify and meter “appropriate” buildings.

2.4.1.4. Almost all buildings are “appropriate.”

2.4.1.5. Prioritize implementation, largest first.

2.4.1.6. Requires energy and water meters.

2.4.1.7. All new buildings must be metered.

2.4.1.8. Incorporate metered data into tracking systems.

2.4.1.9. Guidance on Green Button is being developed.

2.4.2 DOE issued Metering Best Practices: A Guide to Achieving Utility Resource Efficiency, Release 3.0. It can be found at https://www.pnnl.gov/publications/metering-best- practices-guide-achieving-utility-resource-efficiency-release-30.

2.4.3 ARS Metering Guidance:

Reference Guiding Principles, Appendix A - New Construction and Modernization (NC&M) Section “2.0 Optimize Energy Performance:”

• New buildings and major modernization over 25,000 SF must have measurement devices (e.g. advanced meters or advanced meter devices) installed to monitor the electrical energy use for each of the following separately: total electrical energy, HVAC systems, interior lighting, exterior lighting, and receptacle circuits. Data is to be sent and recorded on the Building Management System (BMS) to meet the requirements of monitoring and storage for 36 months.

(See: Criteria 2.1 Energy Efficiency citing 10 CFR parts 433, subpart A that includes section

433.100 (a) (4)(i) which incorporates ASHRAE 90.1-2013 section 8.4.3)

• Individually metered building data (i.e. from ‘building metering’ or ‘building-level meters’) is to be sent in real-time to the ARS meter server if the building is on an ARS network. If the building is not directly connected to the ARS network, individually metered building data is to be sent to the BMS for logging and reporting. An example of a building not directly connected to the ARS network is a building on a university network. Any building-level meters connected to the ARS meter server are to be on a Virtual Local Area Network (VLAN) separate from and in addition to any ‘measuring devices’ used to meet ASHRAE 90.1-2013 (as updated from time to time).

2.5 Energy Efficient Design of New Federal Buildings

https://www.pnnl.gov/publications/metering-best-practices-guide-achieving-utility-resource-efficiency-release-30 https://www.pnnl.gov/publications/metering-best-practices-guide-achieving-utility-resource-efficiency-release-30 https://www.pnnl.gov/publications/metering-best-practices-guide-achieving-utility-resource-efficiency-release-30

2.5.1 For designs that begin design for construction after July 9, 2014 but before November 6, 2016:

Meet 30 percent better than American Society of Heating, Refrigeration and Air- Conditioning Engineers (ASHRAE) Standard 90.1-2010 for designs that begin design for construction after July 9, 2014, but before November 6, 2016.

2.5.2 design for construction began on or after November 6, 2016:

A new DOE rule published in the Federal Register at 80 FR 68757 requires that all new Federal buildings, for which design for construction began on or after November 6, 2016, meet 30% below ASHRAE 90.1-2013. The text of the rule provides alternatives if it is not life cycle cost effective to meet these standards, thus:

2.5.2 Text from 79 Federal Register (FR) 61569:

§433.100 Energy efficiency performance standard.

(3) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after July 9, 2014, to:

(i) Meet ASHRAE 90.1-2010, (incorporated by reference, see §433.3); and

(ii) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2010.

(b) Energy consumption for the purposes of calculating the 30 percent savings shall include space heating, space cooling, ventilation, service water heating, lighting and all other energy consuming systems normally specified as part of the building design except for receptacle and process loads.

(c) If a 30 percent reduction is not life-cycle cost-effective, the design of the proposed building shall be modified so as to achieve an energy consumption level at or better than the maximum level of energy efficiency that is life-cycle cost-effective, but at a minimum complies with paragraph (a) of this section.

Text from 80 FR 68757

433.11 (a)

(4) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after November 6, 2016, but before April 6, 2023 to:

(i) Meet ASHRAE 90.1-2013, (incorporated by reference, see § 433.3); and

(ii) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2013.

(5) New buildings for which design for construction began on or after April 7, 2023, must be 30% better than ASHRAE 90.1 - 2019. (10CFR433-435)

(b) Energy consumption for the purposes of calculating the 30 percent savings requirements shall include the building envelope and energy consuming systems normally specified as part of the building design by ASHRAE 90.1 such as space heating, space cooling, ventilation, service water heating, and lighting, but shall not include receptacle and process loads not within the scope of ASHRAE

90.1 such as specialized medical or research equipment and equipment used in manufacturing processes.

2.5.3 The definition in the rule says, “Design for construction means the stage when the energy efficiency and sustainability details (such as insulation levels, HVAC systems, water-using systems, etc.) are either explicitly determined or implicitly included in a project cost specification.”

2.6 Pay for All Utilities with METTEL BRUIN (or successor system)

2.6.1. All utilities are to be paid for with METTEL BRUIN beginning October 1, 2019. Utilities include electricity, natural gas, fuel oil (except bulk fuel oil over 10,000 gallons see 2.6.4), propane, purchased steam, purchased chilled water, municipal water, sewer and solid waste.

2.6.2. All utility bills are to be sent to METTEL at:

USDA…