Before the COVID-19 pandemic, executive orders were mostly known in their federal context. However, in the past year, executive orders have come under increased scrutiny at the state level. Debates over coronavirus restrictions have made many state legislatures question executive powers. This year, at least five state legislatures have introduced bills meant to restrict the power of the executive order.

For example, In Indiana, a bill passed allowing the legislature to have oversight over declared states of emergency and other fiscal matters. The Kentucky legislature passed four bills restricting the governor’s powers. These restrictions on governors’ powers and stigmas around executive orders draw attention away from the benefits they often provide.

In the first five months of 2021, USGBC’s advocacy and policy team reviewed over 2,000 executive orders. Many of these executive orders do not just limit restaurant capacities and issue mask mandates—they appoint judges, lower flags to half-mast, and most important, institute initiatives and requirements related to green building and climate change. However, future restrictions on executive powers could limit future orders along these lines.

Some recent examples of executive orders advancing green building and climate goals:

https://www.usgbc.org/articles/how-executive-orders-advance-green-building