EXECUTIVE DIRECTIVE No. 2009 - 4

IMPLEMENTATION OF RECOMMENDATIONS OF THE MICHIGAN CLIMATE ACTION COUNCIL

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, the world's scientific community has concluded with a very high level of confidence that emissions of carbon dioxide, methane, and other greenhouse gases are causing the Earth's climate to warm;

WHEREAS, a warmer climate could have severe economic and environmental impacts on this state;

WHEREAS, the State of Michigan can play an important role in meeting the challenge of global climate change while simultaneously spurring economic growth;

WHEREAS, Michigan has the natural resources, industrial and technology infrastructure, and skilled workforce to be a worldwide exporter of the solutions necessary to transition to a low carbon economy;

WHEREAS, the Michigan Climate Action Council that was created under Executive Order 2007-42 has compiled and submitted to the Governor a comprehensive Climate Action Plan that includes, among other things, specific recommendations for reducing greenhouse gas emissions in Michigan;

WHEREAS, the actions recommended by the Michigan Climate Action Council for reducing greenhouse gas emissions in Michigan can achieve positive economic and environmental benefits for the state, including, but not limited to, reduced costs, increased energy efficiency, improved air and water quality, the conservation of natural resources, and the creation of jobs and diversification of Michigan's economy;

WHEREAS, it is estimated that the recommendations of the Michigan Climate Action Council could also result in overall net cumulative savings in Michigan of more than $10 billion between 2009 and 2025, with additional significant cost savings between 2020 and 2050;

WHEREAS, the magnitude and the urgency of the challenge of global climate change will require action on the part of government, business, and the general public;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, direct:

I. DEFINITIONS

As used in this Directive:

A. "Climate Action Plan" means the comprehensive final report developed by the Michigan Climate Action Council and submitted to the Governor under Executive Order 2007-42. 

B. "Department of Environmental Quality" or "Department" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

C. "Greenhouse gas" means a gas from a human-generated activity that traps heat within the atmosphere of the earth causing climate change, including, but not limited to, carbon dioxide, methane, nitrous oxide, ozone, and fluorinated gases.

D. "Michigan Climate Action Council" means the council created under Executive Order 2007-42.

II. GREENHOUSE GAS EMISSIONS REDUCTION GOALS

A. As recommended by the Michigan Climate Action Council in its Climate Action Plan, it shall be the goal of the State of Michigan to achieve a 20% reduction in greenhouse gas emissions below 2005 baseline levels by 2020 and an 80% reduction in greenhouse gas emissions below 2005 baseline levels by 2050.

B. The Department of Environmental Quality shall develop a formal performance tracking mechanism to gauge progress toward achieving the greenhouse gas emissions reduction goals identified above.  Beginning in July 2012, and annually thereafter, the Department will report in writing to the Governor and the Legislature on the progress of the State of Michigan in attaining the greenhouse gas emission reduction goals in Section II.A of this Directive.

III. IMPLEMENTATION OF CLIMATE ACTION PLAN RECOMMENDATIONS

A. Consistent with the recommendations of the Michigan Climate Action Council in its Climate Action Plan, the State of Michigan can and shall take the following actions to address the adverse impacts of climate change on our state and economy:

1. In consultation with the Michigan Economic Development Corporation, the Department of Environmental Quality shall conduct, or have conducted on its behalf, a macro-economic analysis of the recommendations identified by the Michigan Climate Action Council in its Climate Action Plan through the use of regional economic modeling and other appropriate evaluative tools.  The macro-economic analysis will provide valuable information in prioritizing the recommendations identified in the Climate Action Plan.

2. The Department of Energy, Labor, and Economic Growth will accelerate plans to revise existing building codes to adopt higher energy efficiency standards for existing and newly constructed industrial, institutional, municipal, commercial and residential buildings. 

3. The Department of Transportation will continue to implement and expand on Congestion Mitigation programs to reduce vehicular congestion in major urban areas, including, to the maximum extent feasible, expanding the use of Intelligent Transportation Systems, identifying and improving key bottlenecks, constructing modern roundabouts where justified by traffic volumes and safety needs, and promoting the development of intermodal freight terminals.

4. The Department of Management and Budget and the Department of Transportation will together develop a Truck Idling Program for the state fleet of motor vehicles, buses and heavy-duty equipment. 

5. With the assistance of the Department of Environmental Quality, the Department of Management and Budget will develop an Eco-Driver Program for all employees using state vehicles.  This program will include the development of written and electronic education and training materials designed to maximize vehicle fuel economy by educating drivers on how driving patterns, vehicle technologies, and vehicle maintenance can impact a vehicle's fuel economy.  The Eco-Driver Program should be developed to serve as a model for the later development of an Eco-Driver Program that can be made available to the general public.

6. The Michigan Department of Agriculture will expand, to the maximum extent feasible, the Michigan Conservation & Climate Initiative and expand the advice offered by its conservation technical corps to include implementation of carbon sequestration practices. 

7. The Department of Environmental Quality shall pursue federal and other available sources of funding to conduct, or have conducted on its behalf, analyses on adaptation and, based on this research, determine the need for developing adaptation plans for Michigan.

8. The Department of Environmental Quality shall endeavor to partner with one or more signatory communities to the United States Conference of Mayors Climate Protection Agreement to co-host a conference on climate change.  This conference should provide information about the Climate Action Plan, increase awareness of climate change issues, and provide guidance on the development of local climate change programs and initiatives.

9. The Departments of Environmental Quality and Natural Resources shall designate appropriate representatives to participate in the Tribal-State Climate Change Forum established under the June 11, 2009 Intergovernmental Accord between the Tribal Leaders of the Federally Recognized Indian Tribes in Michigan and the Governor of the State of Michigan to Address the Crucial Issue of Climate Change.  The purpose of the Forum is to share information, develop analyses, and propose action plans to address global warming through methods including, but not limited to, pollution control, alternative clean energy technologies, and conservation.

IV. MISCELLANEOUS

A. The Department of Environmental Quality shall coordinate state efforts to implement this Directive.

B. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Department, or to any member or representative of the Department, any necessary assistance required by the Department, or any member or representative of the Department, in the performance of the duties of the Department so far as is compatible with its, his, or her duties.  Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Department.

C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Directive shall not abate by reason of the taking effect of this Directive.

D. The invalidity of any portion of this Directive shall not affect the validity of the remainder of the Directive.

This Directive is effective immediately.

Given under my hand this 29th day of July in the year of our Lord, two thousand nine.

____________________________________
JENNIFER M. GRANHOLM
GOVERNOR