Executive Order 88

Executive Order 88

Executive Order 88 states that "by April 1, 2020, all Affected State Entities* shall collectively reduce the average EUI* in State-owned and managed buildings by at least 20% from a baseline of the average EUI of such buildings for the State fiscal year 2010/2011."


Executive Order 88 states that all "Affected State Entities" must comply with the following:

(1) Benchmarking.  For each State fiscal year, each Affected State Entity shall measure the energy use in State-owned and managed buildings having an area greater than 20,000 square feet.  Buildings on master-metered campuses shall be benchmarked at the campus level until they are sub-metered at the building level, after which point those buildings shall be benchmarked at the building level. All benchmarking shall be completed by the Office for Capital Facilities (OCF) at System Administration.  OCF will request information from campuses in order to complete this.

(2) Audits.  Buildings that receive low benchmark scores, as defined by the Guidelines, shall undergo an American Society of Heating, Refrigeration, and Air-Conditioning Engineers ("ASHRAE") Level II energy audit, or any other comparable audit that the CMIT approves.  Campuses that have above-average EUIs or poor benchmark scores, as defined by the Guidelines, or are otherwise prioritized by the Affected State Entities and the CMIT, shall undergo a campus-wide ASHRAE Level II energy audit or any other comparable audit approved by the CMIT.  In addition the energy efficiency measures, the audits shall identify opportunities for cost-effective on-site renewable generation and high-efficiency combined heat power.

(3) Required Capital Projects and Energy Optimization Measures.  Affected State Entities shall implement a cost-effective portfolio of measures identified and recommended in the audit and shall complete or make substantial progress toward completion of such measures within two years of completion of the audit.  A portfolio may include, but shall not be limited to, no-and low-cost operational improvements, retrocommissioning, capital energy efficiency retrofits, on-site renewable and high-efficiency combined heat and power, and other measures identified by the CMIT.

(4) Submetering.  Affected State Entities shall work with the CMIT to prioritize sub-metering for all relevant energy sources of buildings larger than 100,000 square feet on a master-metered campus to identify ways to finance such sub-metering.  All buildings having an area larger than 100,000 square feet on master-metered campuses shall be sub-metered for all fuels and other energy sources by December 31, 2016, to enable individual building benchmarking, unless the Affected State Entity that owns or operates the building can demonstrate to the CMIT that it is not cost-effective or feasible to do so.

(5) Incorporating Energy Efficiency Analysis in the Capital Planning Process.  As part of the capital planning process, all Affected State Entities shall include an energy efficiency analysis in the design phase of all capital project plans.  The capital project should include energy efficient measures or technologies determined to be the most cost-effective, as defined by the Guidelines.

(6) Credits.  Affected State Entities may receive credit towards the Target for increasing energy efficiency in leased space.  In addition, Affected State Entities may receive credit towards meeting the Target for installing on-site renewable generation if the host site for such renewable generation has deployed all cost-effective energy efficiency improvements consistent with the goals of this Executive Order.  Affected State Entities shall consult with and apply to the CMIT concerning such credits.

(7) Reporting.  No later than October 1st of each calendar year, each Affected State Entity shall submit all information requested by the CMIT on all State-owned and managed buildings having an area over 20,000 square feet, as well as any other information related to assessing compliance with this Executive Order.

All deadlines can be found in Appendix C in the Guidelines of Executive Order 88.

Helpful Links

Solar Informational Webinar Recording

Build Smart NY EO 88 Guidelines
Build Smart NY Annual Status Report
Build Smart NY Preliminary O&M Plan
Build Smart NY Baseline Energy Report

Capital Facilities