U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
DEPARTMENTAL REGULATION
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Number: 5500-001 |
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SUBJECT: USDA Facilities Energy and Water Conservation and Utilities Management |
DATE: June 19, 2006 |
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OPI: Office of Procurement & Property Management |
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1 PURPOSE
This regulation establishes the Department of Agriculture (USDA) policy for energy and water conservation and utilities management in USDA facilities in accordance with the requirements of legislation and executive orders, and assigns responsibilities for implementation of this policy. This policy includes guidance on the annual reporting requirements to the Department of Energy (DOE), the Office of Management and Budget (OMB), the Congress and the President.
2 SPECIAL INSTRUCTIONS
This regulation is effective upon issuance and shall be implemented pursuant to the National Energy Conservation Policy Act (NECPA), as amended by the Energy Policy Act of 2005 (EPACT); Executive Order 13123, June 1999, Greening the Government through Efficient Energy Management; and Executive Order 13221, July 2001, Energy Efficient Standby Power Devices.
3 SCOPE
This regulation applies to all USDA (departmental, agency, and/or staff office) facilities in the United States and its possessions and territories, Puerto Rico, and Northern Mariana Islands as specified below:
a USDA owned facilities that consume utilities (energy and/or water).
b Commercially leased facilities where USDA pays directly for utilities.
c GSA-controlled space assigned to USDA where USDA pays directly for utilities.
d The facilities that comprise the USDA Headquarters Complex in which USDA is responsible for paying utilities.
e USDA new facilities construction and/or major renovation projects.
f Other space assignments, such as Fed-to-Fed, leases executed using delegated authority, or leases obtained under special legislative authority, where USDA pays directly for utilities.
4 EXCLUSIONS
The regulation does not apply to:
a USDA facilities that have minimal energy usage per square foot (e.g., sheds, outside parking garages, barns that are not climate controlled).
b USDA leased facilities where the landlord is responsible for paying the utility bills.
c GSA-controlled space assigned to USDA where USDA does not directly pay for utilities.
d Shared and/or free space provided to USDA where USDA does not directly pay utility costs.
5 AUTHORITY
This regulation is
issued in accordance with 7 CFR Part 2 --Delegations
of Authority by the Secretary of Agriculture and General Officers of the Department, SECTiON 2.24, DELEGATIONS to
the Assistant Secretary for Administration.
In accordance with 2.24, the Assistant Secretary for Administration
provides program leadership and coordination for USDA’s energy conservation and
energy efficiency activities, and serves as USDA’s principal Energy
Conservation Officer, pursuant to Executive Order 13123, Greening the Government Through Efficient
Energy Management.
6 BACKGROUND
By both energy legislation and executive orders, the federal government, as the Nation’s largest energy consumer, has been assigned responsibility to significantly improve its energy management. With more than 500,000 buildings, the federal government can lead the Nation in energy efficient building design, construction, and operation. As a major consumer of products and services, the federal Government can demonstrate leadership in promoting energy efficiency, water conservation, and the use of renewable energy products. USDA, with more than 25,000 buildings, can make a significant contribution to this effort.
Federal departments are required to implement the energy management policies of existing energy legislation and Executive Order 13123, and report annually on their implementation progress to the Office of Management and Budget, the Congress, and the President through the Department of Energy. Section 301 of Executive Order 13123 states “each agency’s budget submission to the Office of Management and Budget shall specifically request funding necessary to achieve the goals of this order.”
7 DEFINITIONS
a Advanced Electric Meters (for the purposes of EPACT) are those that have the capability of measuring, recording and communicating data at daily intervals.
b ASHRAE is the American Society of Heating, Refrigeration, & Air Conditioning Engineers.
c Covered USDA Facility refers to facilities described in Section 3 of this Regulation.
d Energy Star Building is a designation and
labeling program co-sponsored by the Department of Energy and the Environmental
Protection Agency to recognize buildings with energy performance meeting
established criteria.
e Facility means any individual building or collection of buildings, grounds, or structure, as well as any fixture or part thereof, including the associated energy- or water-consuming support systems, which is constructed, renovated, or purchased in whole or in part for use by the Department.
f GSA-Controlled Facility means a facility under the U.S. General Services Administration’s custody or control.
g Laboratories for the 21st Century (Labs21)
is a program dedicated to the pursuit of sustainable, high-performance, and
low-energy laboratories. The program is sponsored by the Department of Energy/Federal Energy
Management Program (DOE)(FEMP) and the Environmental Protection Agency (EPA).
USDA encourages the agencies to adopt the Labs21 approach for all new and/or
rehab projects in its laboratories.
h Leadership in Energy and Environmental Design (LEED)
is a recognized energy rating system for sustainable whole building design and
construction. USDA encourages agencies
to use the LEED rating system as a tool in managing new construction projects and
renovation of existing buildings.
i Leased Facility means a facility for which USDA has a right of use and occupancy by virtue of having acquired a leasehold interest.
j New facilities construction and/or major renovation projects are those that start after this departmental regulation takes effect.
k Owned Facility means a facility for which the title is vested in USDA or which will vest automatically under an existing agreement.
l Renewable Energy is electric energy generated
from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current,
and thermal), geothermal, municipal solid waste, or new hydroelectric
generation capacity achieved from increased efficiency or additions of new
capacity at an existing hydroelectric
project.
8 POLICY
The USDA policy is to meet or exceed the goals
specified in applicable energy and water conservation laws, regulations and Executive
Orders by using life-cycle cost-effective approaches at covered USDA facilities. This policy includes, but is not limited to, the following requirements, in which
USDA agencies and staff offices, as applicable, shall:
a In accordance with the Energy Policy Act of 2005 (EPACT):
(1) Achieve EPACT 2005
energy intensity (Btu per gross square foot) mandated reduction goals using FY 2003 as the updated
baseline year of measurement. The
reduction targets are:
Fiscal Year Percentage
Reduction
2006
2
2007
4
2008
6
2009
8
2010
10
2011
12
2012
14
2013
16
2014
18
2015 20
(2) Increase the purchase of electricity from renewable energy sources and/or green power purchases by including provisions for such purchases as a component in all future competitive solicitations for electricity. Specifically, purchase no less than 3% renewable energy each year in FY 2007 through FY 2009; and 5% each year in FY 2010 through FY 2012; and 7.5 % in 2013 and thereafter.
(3) Purchase Energy StarÒ labeled products and FEMP-recommended products. Also, include energy efficient specifications in procurement bids and evaluations.
(4) Design buildings to 30% below current ASHRAE standard or
International Energy Code if lifecycle cost-effective.
(5) Install,
to the maximum extent practicable, advanced electric meters at USDA covered
facilities, other than those commercially leased, by October 1, 2012. Installation of advanced electric meters
shall be conducted in accordance with USDA’s Electric Metering Implementation
Plan.
b In
accordance with Executive Order 13123:
(1) Include
in the agency budget request each year a specific line item for implementing
energy and water efficiency improvements in USDA facilities.
(2) Reduce
greenhouse gas emissions by 30% by 2010 compared to such emissions levels in
1990.
(3) Reduce
the use of petroleum by implementing energy-efficient practices and equipment;
by switching to a less greenhouse gas-intensive, non-petroleum energy source,
such as natural gas or renewable energy sources; by eliminating unnecessary
fuel use; or by other appropriate methods.
(4)
Reduce potable water usage by implementing life cycle
cost-effective water efficiency programs that include a water management and
not less than four separate Water Efficiency Improvement Best Management
Practices (BMPs) published by DOE/FEMP.
c In
accordance with Executive Order 13221:
Purchase equipment that uses no more than one watt of stand-by power, or if impracticable, purchase items with the lowest standby wattage available.
d In accordance with USDA policy established
herein:
Apply
Energy Star Building Design, and/or Laboratories for the 21st
Century (Labs21) approach, and/or design for, at a minimum, a Leadership in
Energy and Environmental Design (LEED) Silver rating, as appropriate, in the design and construction or major
renovation of USDA covered facilities.
9 RESPONSIBILITIES
a The Assistant Secretary for Administration (ASA) serves as the USDA principal Energy Conservation Officer under EPACT and the Senior Energy Executive under E.O. 13123, and is responsible for policy, oversight, coordination and reporting on USDA energy and utilities management, as it relates to facilities. The ASA provides Departmental leadership in Government-wide initiatives pertaining to facility energy and water conservation.
b The Director, OPPM provides program leadership and coordination for USDA’s energy conservation and efficiency activities pursuant to E.O. 13123; develops and administers Departmental energy regulations, policies, standards, and guidelines concerning energy and water efficiency in USDA facilities; and coordinates the preparation, review, analysis, and submission of required department level reports to oversight organizations.
The Director, OPPM monitors departmental progress in meeting the goals and requirements of the following:
(1) Energy Policy Act of 2005 (EPACT)
(2) EO 13123: Greening the Government
through Efficient Energy Management,
1999
(3) EO 13221: Energy Efficient Standby Power Devices, 2001
c Under Secretaries and Assistant Secretaries shall support and ensure compliance with USDA policies outlined in this regulation and ensure implementation of this regulation at facilities under their control.
d Agency Administrators and Staff Office Heads (as applicable) shall support and ensure compliance with USDA policies contained in this regulation, shall implement the provisions of this regulation at each covered facility; and shall:
(1) Direct that each covered facility have an Energy and Water Management Plan documented in accord with the requirements described in Appendix A;
(2) Identify an Agency Facilities Energy Coordinator to prepare the agency’s required annual energy report, implementation plan and scorecard;
(3) Attest, in writing, as to the accuracy of the information reported by the agency for inclusion in the USDA Annual Energy Report, Implementation Plan and Scorecard;
(4)
Provide OPPM with supporting documentation verifying the accuracy of energy consumption data and energy implementation activities reported;
(5) Ensure that agency facilities energy data is entered into the USDA Corporate Property Automated Information System (CPAIS) as appropriate;
(6) Comply with annual reporting deadlines as follows:
The deadline for submission of the Annual Energy Report, Implementation Plan and the Scorecard to OPPM is no later than November 30 each year. This date will facilitate preparation of a comprehensive report from all site locations, which will result in a more complete report from USDA to DOE, OMB, Congress and the President on January 1 each year, as required.
(7) Request funds as needed to implement the mandatory energy requirements by including a line item in the agency annual budget request.
e Agencies shall develop, as applicable, an energy management strategy which will demonstrate the agency’s plan for implementing the provisions and achieving the goals of EPACT, EO 13123, and EO 13221. The strategy shall address, but not be limited to: energy and water conservation measures, greenhouse gas reductions, use of renewable energy, on-site energy generation, green power purchases, purchase of equipment with no more than one watt of stand-by power as available, and the installation of advanced electric meters in buildings that are owned by the agency (in accordance with USDA’s Electric Metering Implementation Plan).
f The OCFO (Associate CFO for Financial Systems) has the Information Technology responsibility for the administrative and financial systems which provide the capabilities to generate utility payments and track energy consumption, based upon utility cost information.
g The Office of Budget and Program Analysis (OBPA) compiles and submits annual agency and departmental budget information required by Office of Management and Budget (OMB) Circular A-11, Exhibit 55, Energy and Transportation Management.
10 REFERENCES
a Executive
Order 13123, Greening the Government Through Efficient Energy Management,
directs federal
agencies to significantly improve energy management to save taxpayer dollars
and reduce emissions that contribute to air pollution. It stresses
accountability and leadership by federal agencies to promote energy
efficiency, water conservation, use of renewable energy products, and helping to foster markets for emerging
technologies.
b Executive Order 13221, Energy
Efficient Standby Power Devices, directs federal agencies to purchase products that use no more than one watt in their
standby power consuming mode, if available, or products with the lowest standby
power wattage, when purchasing commercially available, off-the-shelf
products that use external standby
power devices, or that contain an internal standby power function.
c Public Law 95-619, National Energy Conservation
Policy Act (NECPA), 42 U.S.C. 8201, established requirements for life cycle
cost analysis and retrofitting of federal buildings.
d Energy Policy Act of 2005 (EPACT 2005), established federal energy
management requirements through FY 2015, reauthorized Energy Savings Performance Contracts (ESPCs) through FY 2016, and
added requirements for
electric metering in federal buildings by October 1, 2012.
e 10 CFR Part 434, Energy Code for New
Federal Commercial and Multi-family High Rise Residential Buildings; mandatory
for federal buildings, requires
new federal
buildings to meet certain minimum standards.
f Federal User’s Manual, Performance
Standards for New Commercial and Multifamily High-Rise Residential Buildings,
which explains 10 CFR Part 434 and provides worksheets and summary
certification forms to demonstrate compliance.
g 10 CFR Part 436, Federal Energy
Management and Planning Programs, which sets forth the rules for energy
management and planning programs to reduce energy consumption and promote life
cycle cost-effective investments in building energy systems and energy
conservation measures for federal buildings.
h 41 CFR Subpart 102-74.155, et seq., Energy Conservation, which requires energy-efficient operation of federal buildings.
i 48 CFR Subpart 970.3770-2, Facilities
Management, that describes policy pertaining to compliance with energy
management requirements incorporated into contracts through use of the clause
at 48 CFR Subpart 970.5237-2.
j 48 CFR Chapter 1, Federal Acquisition
Regulation (FAR), Part 41, Acquisition of Utility Services, which provides
policies and procedures for acquisition of utilities services.
k FAR Subpart 23.202, which states the federal government’s policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies.
l Public Law 100-615, Federal Energy
Management Improvement Act of 1988, 42 U.S.C. 8251, which amended NECPA to
establish the Interagency Energy Management Task Force.
m USDA Corporate Property Automated
Information System (CPAIS) is the official USDA corporate system of record for
all USDA owned real property, commercial leased property, and GSA assigned
space.
11 ADDITIONAL INFORMATION
Additional
information on federal
energy requirements and programs, including detailed information on specific
energy definitions and topics addressed in the regulation, can be found at
OPPM’s Facilities Energy webpage at: www.usda.gov/energyandenvironment/facilitiesEnergy/index.htm
and at FEMP’s webpage at: www.eere.energy.gov/femp.
-END-
APPENDIX A
U.S. DEPARTMENT OF AGRICULTURE
ENERGY AND WATER MANAGEMENT PLAN REQUIREMENTS
Agency Energy and
Water Management Plans should be integrated with agency overall facility
management processes, over the facilities’ entire life cycles. These plans are
an integral part of overall real property asset management and utilities
management, and can contribute to reduced operating costs. Each USDA agency must have an Energy and
Water Management Plan for each of its covered facilities incorporating the
components described below.
1 Continuous improvement on an annual basis
using a life cycle cost-effective approach toward:
a Reducing greenhouse gas emissions attributed
to facility energy use by 30% by 2010 compared to such emissions levels in
1990.
b Reducing facilities energy consumption relative to FY 2003 levels according to the table
below:
Fiscal Year Percentage
Reduction
2006
2
2007
4
2008
6
2009
8
2010
10
2011
12
2012
14
2013
16
2014
18
2015
20
c Implementing water conservation programs
which incorporate a minimum of four water efficiency improvement best
management practices published by Department of Energy/Federal Energy Management Program
(DOE)(FEMP). Agencies should establish targets for
implementation of water best management practices at covered facilities so
that, to the extent feasible, 100% of such facilities have these best
management practices in place by 2010.
2 Annual progress of at least 10 percent
toward completing energy and water audits of all covered USDA facilities.
3 Annual progress toward installing in
USDA-owned facilities, all life cycle cost-effective energy and water
conservation measures identified by facility audits.
4 Annual progress toward qualifying office
buildings for the Energy Star®
Building label.
5 Annual progress toward applying the
“Laboratories for the 21st Century” (Labs21) approach for laboratories and designing
for a LEED Silver rating (at a minimum) for all new covered USDA facilities.
6 Apply sustainable whole building design
principles to new facilities. Compliance with 10 CFR 434, Energy Code for New
Federal Commercial and Multi-family High Rise Residential Buildings; mandatory for federal buildings, from
conceptual design through commissioning. Energy efficiency and sustainable
design principles are recommended when designing building alterations.
7 Purchase commercially available, off-the-shelf
products that use external standby power devices, or that contain an internal
standby power function, that use no more than one (1) watt in their standby
power consuming mode, if available, or products with the lowest standby power
wattage.