Department of Corrections and Community Supervision

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NYS Comptroller


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Department of Corrections and Community Supervision
Compliance With Executive Order 88: Energy Efficiency in State Buildings

Issued: January 30, 2020
Link to full audit report 2019-S-33
Link to 180-day response

To determine if the Department of Corrections and Community Supervision (DOCCS) has developed targets and plans to effectively meet its contributions toward Executive Order 88 (EO 88) and complied with EO 88 Guidelines. The audit covered the period from April 1, 2014 through October 17, 2019.

About the Program
EO 88, issued on December 28, 2012, is the centerpiece of BuildSmart NY– the Executive’s program for pursuing energy efficiency in certain New York State government buildings while advancing economic growth, environmental protection, and energy security in the State. EO 88 is intended to accomplish broader State policy goals, such as reducing State government utility expenses, fostering investment in smart buildings, protecting the environment and public health by reducing the emissions of greenhouse gases and other pollutants, and supporting economic growth by creating green jobs and stimulating the marketplace for clean energy and energy-efficient products and services. EO 88 mandated a 20 percent collective improvement in the energy performance of all covered agencies and authorities by April 1, 2020.

Key Findings
Generally, DOCCS has developed targets and plans to contribute toward EO 88 and has complied with the Guidelines. However, DOCCS did not submeter all buildings greater than 100,000 gross square feet by December 31, 2016, as required. Furthermore, only 6 of 159 total planned submeters were connected to a monitoring and control system capable of real-time monitoring of energy use and providing alerts to facility staff, as required, by the December 31, 2017 deadline. DOCCS officials stated they did not meet the submetering deadline because they are installing more meters than required. In addition, a major design change was made after the contract was awarded, causing some delays in project delivery and meter integration. Because of the delays, DOCCS will not accomplish its full projected 23.05 percent energy reduction until well after the April 1, 2020 deadline.

Key Recommendation
Continue implementing capital projects that reduce energy usage, as resources allow.

State Government Accountability Contact Information:
Audit Director: Brian Reilly
Phone: (518) 474-3271; Email:
Address: Office of the State Comptroller; Division of State Government Accountability; 110 State Street, 11th Floor; Albany, NY 12236