LL97 (Local Law 97) and Other Local Laws
The Building Owner's Guide to New York City Emissions & Energy Policies
"There is no historical precedent for the ambitious changes on the bulk power system envisioned by policymakers."
New York Independent System Operator (NYISO) - 2019
New York Independent System Operator (NYISO) - 2019
In 2019, New York City passed Local Law 97 also know as LL97 and The Climate Mobilization Act, and New York State passed The Climate Leadership and Community Protection Act. Both of these laws are unprecedented building greenhouse gas emissions and statewide energy policies that will directly impact commercial, industrial and institutional building owners in variety of a ways. Many unanswered questions and confusion exist with both LL97 and the Climate Leadership Act as the policies have yet to be fully defined or implemented or continue to be modified. Moreover, the policies are often in conflict with themselves, practical operational options or financial interests of building owners. Since building owners can’t put things on “hold” until these policies are fully clarified and operable, this website has been created to provide insight and information:
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Download New York City LL97 - Climate Mobilization Act here... |
Local Law 97 and other Local Laws in New York City focus on climate change, however there can be no discussion about reducing CO2 and greenhouse gas emissions or carbon neutrality without considering energy and electricity production and distribution. In fact, NYC policies ultimately envision total electrification: the elimination of all fossil fuels for heating, cooking, manufacturing, electricity production, transportation…everything. Moving down this path of deep decarbonization will clearly impact life, business and society as we know it today. The information and resources we provide here are intended to help you make informed decisions regarding emissions, energy, electricity, sustainability and resiliency for your building. Our effort is help supply relevant information and solutions to enable New York City's energy transition.
Stay Informed
Committees, panels, regulation clarifications and other pertinent aspects of the Climate Mobilization Act (CMA) continue to be developed. Check in here regularly for updates and breaking news on developments that may directly impact your building or business...or, sign up to get news and policy alerts by email. |
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Latest New York Emissions & Energy News for Building Owners
January 6, 2023 - Proposed new rule for the implementation of Local Law 97 has been promulgated by the Department of Buildings and becomes effective January 19, 2023. This rule addresses compliance with the Law, including the following:
Download New Rule
October 6, 2022 - The Department of Buildings issued new proposed rules for the implementation of Local Law 97. The proposed rules include some substantial changes from the original law such as aligning property type definitions with the Energy STAR Portfolio Manager rather than the NYC tax code, increasing and decreasing emissions limits for various property types and reducing the emissions coefficient for purchased electricity by half but not until 2030. DOB has these changes on a fast track as the public hearing is scheduled for October 14, 2022. See the details for submitting comments are included in the proposed rules download.
New Rules Announcement
Download proposed new rules
May 28, 2022 - Office of Building Energy and Emissions Performance (OBEEP) Annual Outreach Report issued. Download here...
webpage
May 27, 2022 - Mayor Adams raises questions and issues about the details of LL97 while some building owners are suing the city over the building emissions regulations.
New Mayor Comments on LL97
Building Owners File LL97 Lawsuit
December 15, 2021 - The New York City Council passed legislation to phase fossil fuels out of new construction starting in 2024 which will require new buildings to be all-electric with some exceptions, including laboratories, laundromats, hospitals, crematoriums and commercial kitchens. The new legislation also calls for The Office of Long-Term Planning and Sustainability to produce two studies by 2023:
Legislation text
June 16, 2021 - The closing of the first PACE (Property Assessed Clean Energy) loan in New York City was announced June 16, 2021. While commercial PACE or CPACE programs have been available throughout New York State for some time, this is a first in New York City. CPACE financing is not specifically detailed in LL97, however a New York City version of PACE financing has been anticipated for some time in order to facilitate building emissions reduction efforts.
May 21, 2021 - On May 21, 2021, the New York Department of Buildings (DOB) launched a new website called “Sustainable Buildings” to provide information and advice to property owners who must comply with LL97/2019 and LL147/2019. https://www1.nyc.gov/site/sustainablebuildings/index.page
The website provides very basic information on the greenhouse gas emissions regulations, building benchmarking and two maps to identify “Covered Buildings” and their Energy Star ratings. In addition, the website provides a phone number to the NYC Sustainability Help Center: (212) 566-5584.
There is still no sign of DOB creating an Office of Building Energy and Emissions Performance (OBEEP) as required by LL97.
April 9, 2021 - We have been waiting nearly two years for the creation of the Office of Building Energy and Emissions Performance (OBEEP) which is responsible for administering Local Law 97/2019 (LL97). While we haven’t seen OBEEP yet, there are some signs of activity from the Department of Buildings (DOB). On April 9, 2021, DOB issued an announcement about building owners’ applications for adjustments to emissions limits:
“Building owners will be allowed to submit requests for certain adjustments to their buildings emissions limits. Starting in Spring of 2021, owners may submit applications to the Department of Buildings (DOB) for adjustments due to excessive emissions, special uses, or for adjustments for not-for-profit healthcare or hospital facilities. Other adjustments will be available at a later date, as these are currently being considered by the Working Groups and Advisory Board.”
Please note that the last day to submit an application for adjustment is June 30,2021.
For additional information see:
DOB Service Announcement: https://www1.nyc.gov/assets/buildings/pdf/ll97_adjustments_appl_sn.pdf
Adjustment Details: https://www1.nyc.gov/site/sustainablebuildings/requirements/adjustments.page
January 25, 2021 - Governor Andrew Cuomo's proposed state budget includes language that could potentially allow New York City property owners to meet all of their LL97 emissions targets by purchasing renewable energy credits (RECs) from Upstate wind and solar sites. The proposed legislation could enable NYC property owners meet their emissions obligations under LL97 without making any modifications to their buildings or operations until 2030, and perhaps beyond. Significant pushback is expected from City and activist groups.
July 19, 2020 - (updated February 19, 2021) There has (still) been no announcement of the formation of the Office of Building Energy and Emissions Performance (OBEEP), which is responsible for "Overseeing implementation of building energy and emissions performance laws and
policies for existing buildings, new construction and major renovations". This is a problem for property owners since OBEEP is charged with clarifying and addressing the missing elements of LL97.
November 25, 2019 - Local Law 33 of 2018 requires owners of covered building to display their building’s energy efficiency grade in a conspicuous location near each public entrance the building starting in 2020. The Department of Buildings (DOB) is holding a public meeting concerning its proposal to amend its Rule relating to the annual reporting of energy and water use by individual “covered” buildings. Among the amendments proposed is a $1,250 penalty for failure to post energy efficiency grades. Read more…
October 1, 2019 - While not directly connected to the Climate Mobilization Act, the FDNY's 3 Rule, RCNY 608-01 entitled “Outdoor Stationary Storage Battery Systems" has gone into effect on this date. This rule sets forth the long-awaited requirements for use of large-scale outdoor battery energy storage systems in New York City, more...
September 5, 2019 - NYSERDA is promulgating new and more stringent energy code for municipalities to implement in lieu of the 2020 Energy Conservation Construction Code of New York State. Participation by municipalities is optional, but the stated purpose is to aid in reducing energy consumption and greenhouse gas emissions, more...
August 26, 2019 - NYC has made public the 2017 building efficiency benchmarking data for more than 36,000 buildings, more...
- explains how to report emissions for multiple buildings on one tax lot, or on more than one tax lot if the buildings share energy service;
- outlines compliance requirements for owners of new buildings, buildings that have changed ownership, buildings that are undergoing full demolition, and buildings that have changed property type, for the purposes of reporting to the Department;
- establishes the building emission limits, or emission factors, for different property types for 2024 to 2029, 2030 to 2034, 2035 to 2039, and 2040 to 2049, and for 2050 and beyond;
- provides the formula for calculating a building's annual GHG emissions limit;
- sets forth the GHG coefficients for energy sources not specified in Article 320, including on-site combustion or consumption of fuels;
- provides the methodology for establishing a GHG coefficient for utility electricity based on time of use;
- provides the methodology for establishing a GHG coefficient for campus-style electric systems and other campus-style energy systems;
- provides the methodology for establishing a GHG coefficient for certain distributed energy resources;
- explains how to calculate a building's annual GHG emissions and how to determine a building's gross floor area for the purpose of reporting to the Department;
- establishes that deductions from reported emissions for renewable energy credits (RECs), pursuant to Section 28-320.3.6 of the Administrative Code, are limited to emissions attributed to the consumption of utility supplied electricity; and
- establishes deductions from reported emissions for certain clean distributed energy resources.
Download New Rule
October 6, 2022 - The Department of Buildings issued new proposed rules for the implementation of Local Law 97. The proposed rules include some substantial changes from the original law such as aligning property type definitions with the Energy STAR Portfolio Manager rather than the NYC tax code, increasing and decreasing emissions limits for various property types and reducing the emissions coefficient for purchased electricity by half but not until 2030. DOB has these changes on a fast track as the public hearing is scheduled for October 14, 2022. See the details for submitting comments are included in the proposed rules download.
New Rules Announcement
Download proposed new rules
May 28, 2022 - Office of Building Energy and Emissions Performance (OBEEP) Annual Outreach Report issued. Download here...
webpage
May 27, 2022 - Mayor Adams raises questions and issues about the details of LL97 while some building owners are suing the city over the building emissions regulations.
New Mayor Comments on LL97
Building Owners File LL97 Lawsuit
December 15, 2021 - The New York City Council passed legislation to phase fossil fuels out of new construction starting in 2024 which will require new buildings to be all-electric with some exceptions, including laboratories, laundromats, hospitals, crematoriums and commercial kitchens. The new legislation also calls for The Office of Long-Term Planning and Sustainability to produce two studies by 2023:
- A study on the feasibility and cost of various technologies such as heat pumps for use in small and large buildings, and
- A study on the resiliency of the city’s electrical distribution grid, and transmission lines into the city in relation to the anticipated use of such grid and lines for the implementation of this local law.
Legislation text
June 16, 2021 - The closing of the first PACE (Property Assessed Clean Energy) loan in New York City was announced June 16, 2021. While commercial PACE or CPACE programs have been available throughout New York State for some time, this is a first in New York City. CPACE financing is not specifically detailed in LL97, however a New York City version of PACE financing has been anticipated for some time in order to facilitate building emissions reduction efforts.
May 21, 2021 - On May 21, 2021, the New York Department of Buildings (DOB) launched a new website called “Sustainable Buildings” to provide information and advice to property owners who must comply with LL97/2019 and LL147/2019. https://www1.nyc.gov/site/sustainablebuildings/index.page
The website provides very basic information on the greenhouse gas emissions regulations, building benchmarking and two maps to identify “Covered Buildings” and their Energy Star ratings. In addition, the website provides a phone number to the NYC Sustainability Help Center: (212) 566-5584.
There is still no sign of DOB creating an Office of Building Energy and Emissions Performance (OBEEP) as required by LL97.
April 9, 2021 - We have been waiting nearly two years for the creation of the Office of Building Energy and Emissions Performance (OBEEP) which is responsible for administering Local Law 97/2019 (LL97). While we haven’t seen OBEEP yet, there are some signs of activity from the Department of Buildings (DOB). On April 9, 2021, DOB issued an announcement about building owners’ applications for adjustments to emissions limits:
“Building owners will be allowed to submit requests for certain adjustments to their buildings emissions limits. Starting in Spring of 2021, owners may submit applications to the Department of Buildings (DOB) for adjustments due to excessive emissions, special uses, or for adjustments for not-for-profit healthcare or hospital facilities. Other adjustments will be available at a later date, as these are currently being considered by the Working Groups and Advisory Board.”
Please note that the last day to submit an application for adjustment is June 30,2021.
For additional information see:
DOB Service Announcement: https://www1.nyc.gov/assets/buildings/pdf/ll97_adjustments_appl_sn.pdf
Adjustment Details: https://www1.nyc.gov/site/sustainablebuildings/requirements/adjustments.page
January 25, 2021 - Governor Andrew Cuomo's proposed state budget includes language that could potentially allow New York City property owners to meet all of their LL97 emissions targets by purchasing renewable energy credits (RECs) from Upstate wind and solar sites. The proposed legislation could enable NYC property owners meet their emissions obligations under LL97 without making any modifications to their buildings or operations until 2030, and perhaps beyond. Significant pushback is expected from City and activist groups.
July 19, 2020 - (updated February 19, 2021) There has (still) been no announcement of the formation of the Office of Building Energy and Emissions Performance (OBEEP), which is responsible for "Overseeing implementation of building energy and emissions performance laws and
policies for existing buildings, new construction and major renovations". This is a problem for property owners since OBEEP is charged with clarifying and addressing the missing elements of LL97.
November 25, 2019 - Local Law 33 of 2018 requires owners of covered building to display their building’s energy efficiency grade in a conspicuous location near each public entrance the building starting in 2020. The Department of Buildings (DOB) is holding a public meeting concerning its proposal to amend its Rule relating to the annual reporting of energy and water use by individual “covered” buildings. Among the amendments proposed is a $1,250 penalty for failure to post energy efficiency grades. Read more…
October 1, 2019 - While not directly connected to the Climate Mobilization Act, the FDNY's 3 Rule, RCNY 608-01 entitled “Outdoor Stationary Storage Battery Systems" has gone into effect on this date. This rule sets forth the long-awaited requirements for use of large-scale outdoor battery energy storage systems in New York City, more...
September 5, 2019 - NYSERDA is promulgating new and more stringent energy code for municipalities to implement in lieu of the 2020 Energy Conservation Construction Code of New York State. Participation by municipalities is optional, but the stated purpose is to aid in reducing energy consumption and greenhouse gas emissions, more...
August 26, 2019 - NYC has made public the 2017 building efficiency benchmarking data for more than 36,000 buildings, more...
New York City Emissions RegulationsVertical Divider
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New York's Emissions & Energy Future |
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New York City Emissions Regulations History
New York City Local Law 97 - Climate Mobilization Act OneNYC 2050 New York Emissions & Energy ResourcesLinks to detailed text and information on New York City and New York State emissions and energy regulations, policy, plans and associated documentation, including:
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The folks who manage New York's electrical grid say this about the forthcoming emissions & energy changes: "There is no historical precedent for the ambitious changes on the bulk power system envisioned by policymakers." What are these unprecedented changes? What do they mean? Read about the plans for New York's emissions and energy future...
Confused about climate change?See what makes up the global carbon cycle and how humans play a role in the flow of carbon throughout the environment
What do you know about New York emissions?Compared to the other states, New York State...
Future-Proofing Buildings & BusinessesNo one knows exactly what lies ahead with LL97 regarding building emissions or energy situation under the Climate Leadership Act. However, there are prudent actions building and business owners can take that can help improve today's operations as well as mitigate the changes will inevitably come. Check out steps to help future-proof building and business operations.
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