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PA Bulletin, Doc. No. 98-556

THE GOVERNOR

Title 4--ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

[4 PA. CODE CH. 5]

[Executive Order No. 1998-1]

[28 Pa.B. 1746]

Governor's Green Government Council

March 25, 1998

   Whereas, the Constitution of the Commonwealth declares that the people of the Commonwealth have the right to clean air, pure water, and the preservation of the natural, scenic, historic, and aesthetic values of the environment; that Pennsylvania's public natural resources are the common property of all the people, including generations yet to come; and that the Commonwealth, as trustee of these resources, shall conserve and maintain them for the benefit of all the people (Pa. CONST. Art. I, § 27); and

   Whereas, Pennsylvania's economy, health and safety, and quality of life of its citizens are dependent on the careful stewardship of resources, a healthy economy and the development of technologies to enable economic growth while improving the Commonwealth's environment; and

   Whereas, the Commonwealth has long recognized its own responsibility for cleaning up Pennsylvania's environment, specifically under Executive Order 1973-9, Environmental Protection by State Agencies, which addresses compliance by all agencies with environmental laws and regulations and minimizing pollution in building design and construction, and Executive Order 1980-3, Life Cycle Costing, which requires agencies to use life cycle costing for building construction and major equipment acquisition; and

   Whereas, in January 1996, Pennsylvania established the Office of Pollution Prevention and Compliance Assistance within the Department of Environmental Protection to spearhead efforts to assist Pennsylvania's businesses and industries to achieve economic savings while improving environmental quality; and

   Whereas, Commonwealth agencies can demonstrate their commitment to improving the environment by using Strategic Environmental Management to realize economic savings and environmental enhancement; and

   Whereas, with the approach of the twenty-first century, the Commonwealth's government needs to join Pennsylvania business and industry in shifting its environmental expectations beyond compliance toward the goal of zero emissions achieved through pollution prevention and energy efficiency; and

   Whereas, Commonwealth agencies, through their management practices, can have quantifiable, positive environmental, and economic impacts;

   Now, Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby establish the Governor's Green Government Council (hereinafter referred to as ''Council'').

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 5.  COUNCILS AND COMMITTEES

Subchapter OOO.  GOVERNOR'S GREEN GOVERNMENT COUNCIL

Sec.

5.951.Purpose of the Governor's Green Government Council (Council).
5.952.Responsibilities of the Governor's Green Government Council (Council).
5.953.Composition of the Governor's Green Government Council (Council).
5.954.Responsibilities of Commonwealth agencies.
5.955.Responsibilities of the Department of Environmental Protection.
5.956.Cooperation with other Commonwealth entities.
5.957.Environmental compliance.
5.958.Funding.

§ 5.951.  Purpose of the Governor's Green Government Council (Council).

   The purpose of the Council is to, cooperatively across agency jurisdictions, facilitate the incorporation of environmentally sustainable practices, including strategic environmental management, into Commonwealth government's planning, operations, and policymaking and regulatory functions, and to strive for continuous improvement in environmental performance with the goal of zero emissions. Strategic Environmental Management includes an environmental management system with a strong pollution prevention and energy efficiency program, effective community involvement, measurable economic and environmental performance goals, environmental accounting and life cycle analysis.

§ 5.952.  Responsibilities of the Governor's Green Government Council (Council).

   (a)  The Council is responsible for providing advice and assistance in the preparation and review of agency Green Plans and the implementation of initiatives undertaken to fulfill these plans.

   (b)  The Council is responsible for providing advice and assistance in prioritizing initiatives undertaken to incorporate environmentally sustainable practices into Commonwealth government's planning, operations, policymaking and regulatory functions and to strive for continuous improvement in environmental performance with the goal of zero emissions.

§ 5.953.  Composition of the Governor's Green Government Council (Council).

   (a)  The Council consists of the following members, each of whom shall be appointed by and serve at the pleasure of the Governor:

   (1)  The Secretaries of the Departments of Environmental Protection and General Services, who chair the Council jointly.

   (2)  Other individuals the Governor may appoint.

   (b)  Independent agencies shall be invited and encouraged to participate fully in the Council's efforts to foster the incorporation of environmentally sustainable practices throughout Commonwealth government.

§ 5.954.  Responsibilities of Commonwealth agencies.

   (a)  Each executive agency, and all independent agencies participating voluntarily in the initiative under this subchapter, shall develop an annual plan, to be known as a green plan, outlining the actions the agency will take in the coming year to incorporate environmentally sustainable practices into its planning, operations, policymaking, and regulatory functions and to strive for continuous improvement in environmental performance with the goal of zero emissions. The green plan will also include the measures to be used to evaluate the effectiveness of the agency's actions. To facilitate their incorporation into the annual budget process, these plans shall be submitted to the Council for advice and assistance on or before June 1 of each year.

   (b)  Each agency shall assign a deputy secretary or individual in an equivalent position to be responsible to the agency head for overseeing agency activity directed toward incorporating environmentally sustainable practices into the agency's management and operations.

   (c)  Each agency shall identify a green team leader responsible for assuring the development and implementation of the agency's activities to incorporate environmentally sustainable practices into their management and operations and assign resources, as necessary, to support them.

   (d)  Initially, participating Commonwealth agencies shall focus on planning and operations, particularly energy efficiency, including building design and management, procurement of environmentally friendly commodities and services, vehicle purchases and management and recycling.

   (e)  All agencies under the Governor's jurisdiction shall cooperate fully with the Governor's Green Government Council (Council) and provide staff assistance and information as needed for the Council to carry out its functions effectively.

§ 5.955.  Responsibility of the Department of Environmental Protection.

   The Department of Environmental Protection shall assemble the individual agencies' green plans and submit them, together with an executive summary, including a progress report, to the Governor on or before September 1 of each year.

§ 5.956.  Cooperation with other Commonwealth entities.

   The Governor's Green Government Council (Council) shall cooperate with other Commonwealth entities, including the 21st Century Environment Commission; the Privatize, Retain, Innovate, Modify and Eliminate Initiative (PRIME); and the Governor's Market Development Task Force for Recycled Materials. The Council shall use information from these entities in developing the Commonwealth's Green Plan and shall, in turn, provide them with information.

§ 5.957.  Environmental compliance.

   Commonwealth agencies shall ensure that their government facilities and activities comply with applicable Federal and Commonwealth environmental laws and regulations. Source reduction and resource efficiency, including energy efficiency, shall, when feasible, be used to achieve compliance.

§ 5.958.  Funding.

   Each agency shall provide sufficient funds to develop and implement its green plan.
Governor

   Fiscal Note:  GOV 98-1. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 98-556. Filed for public inspection April 10, 1998, 9:00 a.m.]



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