Milrose Guide to Comply: Local Laws 84, 87 and 88

New York City’s 2009 Greener, Greater Buildings Plan (GGBP) contains a series of energy efficiency laws (Local Laws 84, 85, 87 and 88) that aim to reduce greenhouse gas emissions from new and existing buildings. Earlier this month, City Council voted to expand Local Laws 84 and 88 to cover mid-sized buildings – adding approximately 10,000 properties to NYC’s benchmarking pool. Read on to find out the new and existing requirements for Local Laws 84, 87 and 88.

LOCAL LAW 84

Related Milrose Article: Marching Toward Energy Benchmark Goals

Requirements

Local Law 84 requires buildings on the Covered Buildings List to take part in the benchmarking process—meaning that the buildings’ energy and water consumption must be monitored via an online benchmarking tool.

Buildings in the following categories must take part in the LL84 benchmarking program:

Most buildings over 50,000 square feet
All city-owned building over 10,000 square feet
Multiple private-sector buildings on one lot that, combined, exceed 100,000 square feet

*OCTOBER 2016 UPDATE*

The New York City Council approved lowering the building threshold from 50,000 square feet to 25,000 square feet. This change is expected to go into effect in 2018.

Who conducts the benchmarking?

Benchmarking should be conducted by the owner, or the owner can hire a representative to conduct the benchmarking on their behalf.

Timeline for Compliance

The data collected during this benchmarking process must be submitted to the city annually, before May 1^st each year.

Penalties for Non-Compliance

Fines will be distributed to individuals who do not submit their buildings’ data on time. The penalty is $500. Additional violations of $500 will be issued on a quarterly basis until the building complies.

LOCAL LAW 87

Related Milrose Article: Ins-n-Outs of Energy Efficiency Reports

Requirements

Local Law 87 requires energy audits of base building systems for buildings on the Covered Buildings List. These energy audits must be filed every 10 years and must include audits of the building envelope, HVAC systems, conveying systems, electrical systems, and lighting. Local Law 87 also requires owners to complete a retro-commissioning of these base systems.

Timeline for Compliance

Energy efficiency reports must be filed every 10 years and are due on years when the last digit of the year and the last digit of the building’s tax block are the same (i.e. reports for covered building in tax block 786 are due in 2016, 2026, etc.). After this report is filed, owners have four years to complete their energy audits and retro commissioning.

Penalties for Non-ComplianceFailure to comply with these requirements will result in a $3,000 penalty the first year, with $5,000 in additional penalties for each year afterwards until the building complies.

LOCAL LAW 88

Requirements

Local Law 88 requires buildings on the Covered Buildings List to upgrade their lighting in order to meet the standards of the current New York City Energy Conservation Code.

LL88 also requires that Covered Buildings install electrical sub-meters for:

Non-residential tenant space 10,000 gross square feet or more
Floors larger than 10,000 gross square feet consisting of 2 or more tenant spaces

Under LL88, sub-metered spaces must submit monthly energy statements.

*OCTOBER 2016 UPDATE*

The New York City Council approved lowering the buildings threshold to 25,000 square feet and cutting the commercial tenant spaces threshold from 10,000 square feet to 5,000 square feet. The update also requires lighting upgrades in common spaces of multifamily buildings.

Timeline for Compliance

By January 1, 2025, tenant sub-meters must be installed and lighting upgrades must be completed. A registered design professional, a licensed electrician, and the building owner must prepare a report certifying that this work is complete.

If you have questions or needed clarification on how to comply with any of New York City’s Local Laws, please contact Milrose Consultants and we’ll be happy to assist you.