Executive Orders, Legislation and Other Requirements
Here you'll find information about the required energy, water consumption, and environmental management goals for federal facilities. This includes:
Some of the energy and water management goals include the following:
- Reduce energy intensity
- Energy Policy Act of 2005: Reduce facility energy use per square foot by 2 percent per year through the end of 2015 or by 20 percent by the end of FY 2015, relative to 2003 baseline
- Executive Order 13423: Reduce facility energy use per square foot (including industrial and laboratory facilities) by 3 percent per year through the end of 2015 or by 30 percent by the end of FY 2015, relative to 2003 baseline
- Expand use of renewable energy
- Energy Policy Act of 2005: Renewable electricity consumption by the federal government can not be less than:
3 percent in FY 2007-FY 2009
5 percent in FY 2010-FY 2012
7.5 in 2013 and thereafter - Executive Order 13423: At least half of the renewable energy must come from new renewable sources (in service after January 1, 1999)
- Energy Policy Act of 2005: Renewable electricity consumption by the federal government can not be less than:
- Beginning in 2008, reduce water consumption intensity by 2 percent per year through the end of FY 2015 or 16 percent by the end of FY 2015, relative to 2007 baseline
- Electric metering required in federal buildings by 2012
- Buildings to be designed to 30 percent below ASHRAE standard of International Energy Conservation Code unless proven to be not life-cycle cost-effective
- Install 20,000 solar energy systems by 2010
Some of the following documents are available as Adobe Acrobat PDFs. Download Adobe Reader
Legislation & Regulations
Energy Independence and Security Act of 2007
The Energy Independence and Security Act of 2007 (EISA 2007) was signed into law on December 19, 2007. In addition to amending portions of the National Energy Conservation Policy Act (NECPA), EISA 2007 establishes other energy management goals and requirements.
Use of Energy and Water Efficiency Measures in Federal Buildings
Section 432 of the Energy Independence and Security Act of 2007 (EISA 2007) amends section 543 of the National Energy Conservation Policy Act (NEPCA) by adding a new subsection (f) Use of Energy and Water Efficiency Measures in Federal Buildings (42 U.S.C. 8253(f)). The new subsection prescribes a framework for facility energy project management and benchmarking, including:
- Designated "facility energy managers" for ensuring compliance of "covered facilities" subject to the requirements
- "Comprehensive energy and water evaluations"
- Implementation of identified efficiency measures
- Follow-up on implemented efficiency measures
- Web-based tracking system of covered facilities' energy use, evaluations, projects, and follow-up
- Benchmarking
- Summaries of agency implementation status in Office of Management and Budget (OMB) Scorecards
On December 15, 2008, the Secretary of Energy approved the Facility Energy Management Guidelines and Criteria for Energy and Water Evaluations in Covered Facilities (PDF 294 KB) that pertain to the first two items above, designating facility energy managers, defining covered facilities, and comprehensive energy and water evaluations. Anticipating the near-term deadlines of Section 432, a draft of the guidelines was distributed to Federal agencies as part of the fiscal year 2008 annual energy reporting guidance.
As part of their FY 2008 annual reports, agencies were asked to identify their EISA 2007 Section 432 covered facilities and energy manager assignments. These reports are due to DOE on January 5, 2009. Agencies are to report by June 16, 2009 on facilities that have completed comprehensive evaluations in covered facilities during the 2007 and 2008 calendar years and their summary findings. FEMP will provide supplemental guidance for reporting these summary findings in February 2009.
Please contact Chris Tremper, DOE FEMP, 202-586-7632 with questions regarding guidance or reporting requirements.
Energy Policy Act of 2005
The Energy Policy Act of 2005 (PDF 3.1 MB), was signed into law by President Bush on August 8, 2005. Subtitle A, Federal Programs, reestablishes a number of Federal agency goals and contains relevant, amended portions of the National Energy Conservation Policy Act (NECPA). The FEMP Focus Special Issue 2006 provides the pertinent sections of NECPA as amended by EPACT 2005 Sections 101 through 104.
Guidelines Establishing Criteria for Excluding Buildings from the Energy Performance Requirements of Section 543 of the National Energy Conservation Policy Act as Amended by the Energy Policy Act of 2005
These guidelines (PDF 478 KB) fulfill the requirement under Section 543(c)(3) of the National Energy Conservation Policy Act (NECPA) as amended by the Energy Policy Act of 2005 (EPACT). Section 543(c)(3) states that the Secretary of Energy shall issue guidelines that establish criteria for exclusions from the energy performance requirement for a fiscal year, any Federal building or collection of Federal buildings, within the statutory framework provided by the law.
Section 103—Guidance for Electric Metering in Federal Buildings
The Energy Policy Act of 2005, Section 103, requires all Federal agencies to install metering and advanced metering at federal facilities, wherever found to be practicable, by October 31, 2012. This guidance document (PDF 3 MB) provides Federal energy program managers with information and recommendations for meeting the requirements of the law.
Section 104—Procurement of Energy Efficient Products
Section 104 of the Energy Policy Act of 2005 requires federal agencies to procure Energy Star®-qualified or FEMP-designated products. FEMP is in the process of issuing regulatory requirements under this section.
For more information, read the following:
- Notice of Proposed Rule (10 CFR Part 436) (PDF 122 KB)
- RIN Number 1904-AB68 with comments on the rule (PDF 2.3 MB)
Also see FEMP's list of energy-efficient products.
Section 109—Energy Efficiency Standards for New Federal Commercial and Residential Buildings
The U.S. Department of Energy (DOE) has issued a final rule on energy conservation standards for new federal commercial and multi-family high-rise residential buildings and new federal low-rise residential buildings. DOE will be issuing a Notice of Proposed Rulemaking on sustainable design requirements found in Section 109 in the near future.
For more information, read the following:
- Final Rule (10 CFR Parts 433-435) (PDF 131 KB)
- Environmental Assessment (DOE/EA-1463, 2007) (PDF 514 KB)
- Environmental Assessment (DOE/EA-1463, 2006) (PDF 433 KB)
- Docket EE-RM/STD-02-112 with comments on the rule (PDF 3 MB)
Section 203—Federal Purchase Requirement (Renewable Energy)
The U.S. Department of Energy (DOE) has issued guidance specifying the conditions for agencies to meet the EPACT 2005 and EO13423 Requirements for renewable energy use.
For more information, read the following:
- Federal Renewable Energy Requirement Guidance Under EPACT 2005 and Executive Order 13423 (PDF 258 KB)
- Transmittal letter summarizing the Federal Renewable Energy Requirement Guidance (PDF 1.2 MB)
Executive Orders & Related Guidance
Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management
On January 24, 2007, President Bush issued Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," (available from the White House Web site) that strengthens key goals for the federal government. The order sets goals in the areas of energy efficiency, acquisition, renewable energy, toxics reductions, recycling, renewable energy, sustainable buildings, electronics stewardship, fleets, and water conservation. Instructions (PDF 150 KB) for implementing Executive Order 13423 have been issued that define the requirements for the Executive Order as well as strategies for meeting those requirements. DOE has issued guidance to agencies pertaining to the water goal (PDF 210 KB) and renewable energy. FEMP offers many resources to help federal agencies achieve the goals set forth in the new Executive Order. This Executive Order supersedes E.O. 13123 (PDF 103 KB) and its associated guidance (E.O. 13123 Guidance Documents for Federal Agencies (PDF 1.5 MB) and Amended Section 502(e) Guidance, Goal Crediting for Source Energy Declines When Site Energy Use Increases (PDF 28 KB)).
Presidential Directive on Energy and Fuel Conservation by Federal Agencies
Issued on September 26, 2005, this directive calls on federal agencies to take immediate steps to conserve energy and fuels to reduce overall demand and allow extra supplies to be directed towards the hurricane relief effort. Agency headquarters energy coordinators are required to report on their activities under this directive within 30 days of its issue. View FEMP's guidance for this reporting (RTF 193 KB) and the proceedings of an October 4, 2005 conference call on the subject. (RTF 31 KB) A spreadsheet-format response form is also available for agency use. (Excel 97 KB)
Executive Order 13221: Energy-Efficient Standby Power Devices
Executive Order 13221 (PDF 84 KB) calls for Federal agencies to purchase products that use minimal standby power when possible.
For more information, see FEMP's Web site or visit the Standby Power Data Center.
Presidential Directive on Energy Conservation at Federal Facilities
Issued in May 2001, this directive called on Federal agencies to take immediate steps to conserve energy and reduce peak load at their facilities so as to help prevent electricity shortages and outages. Learn what agencies did to reduce peak load in the Secretary of Energy's Report to the President. (PDF 1.1 MB)
Glossary 
Visit the FEMP Glossary for an alphabetized list of commonly used terminology as it relates to federal energy legislation and policy.
Related Resources
Executive Office Memorandums
Memorandum to Substantially Increase Federal Agency Use of Energy Savings Performance Contracting (ESPC) and Utility Energy Savings Contracting (UESC) August 3, 2007 (PDF 922 KB)
Code of Federal Regulations
Title 10 - Energy. CFR Part 436 - Federal Energy Management and Planning Programs (available on the U.S. Government Printing Office Web site)
Federal Acquisition Regulations
FAR 41 - Acquisition of Utility Services (available on the Acquisition Central Web site)
FAR 23.704 - Application to Government-Owned or -Leased Facilities (available on the Acquisition Central Web site)
National Energy Policy
The National Energy Policy Report (available from the White House Web site), released on May 17, 2001, outlines strategies to diversify and increase the U.S. energy supply.
Greening of the Government Report
This report describes not only requirements in law (Resource Conservation and Recovery Act) and in Executive Order 13101, but also the benefits to those achieving compliance. The document is intended not only for Federal agencies but also state and local governments that use Federal funds, and contractors that manage government facilities. (PDF 1.5 MB)
Greening of the White House Report
This report, published in November 1999, summarizes greening measures at the White House and gives an overview of new opportunities. It also includes an environmental history of the White House and a short tour of the buildings that make up the White House complex. This initiative involved hundreds of dedicated people from both within and outside government. A description of how they worked together to develop and implement the Greening Plan is also included in the report, along with a number of helpful resources. (PDF 969 KB)