Local Law 87 Compliance – Here Is How It Can Help with Your Local Law 97

The Greener, Greater Buildings Plan came into existence in 2009 to enhance the energy efficiency of NYC buildings. Several regulations, including Local Law 87 and Local Law 97, come under this act. Even though LL87 and LL97 are two different laws, complying with one can help with another. Scroll through this article to learn more about LL87 and how it can help in complying with LL97.

Complying with Local Law 87

Large buildings need to fulfill the following for LL87 compliance until they fall under any exception criteria:

1. Energy Audit

Building owners must rely on energy audits to recognize every opportunity to save energy. An Energy Audit needs to assess every base building system. The base building systems include HVAC, hot water, electricity, and lighting systems. A certified energy auditor needs to perform or supervise the audit, and it should be of at least ASHRAE Level 2.

2. Retro-Commissioning

After identifying the deficiencies during the energy audit, building owners should perform retro-commissioning. The purpose of retro-commissioning is to ensure that all building systems follow the stringent measures under section 28-308.3 of local law 87. The criteria under section 28-308.3 include the following:

• HVAC sequencing and calibration of lighting and hot water systems
• Washing, repairing, and maintenance of HVAC equipment, pipes, and boiler room components
• Training of maintenance professionals
• Documentation of permits and manuals for electrical, HVAC, and plumbing equipment

Apart from the criteria mentioned here, retro-commissioning includes various other things. Only certified and approved professionals are eligible for performing retro-commissioning.

3. Energy Efficiency Report

After energy audits and retro-commissioning, building owners need to submit detailed energy efficiency reports. A comprehensive EER for LL87 compliance will include the following:

• Energy saving calculations
• Several initiatives for energy conservation
• How to implement energy efficiency recommendations
• A cost-benefit analysis

The last date for submitting an energy efficiency report is December 31 of the year it is due. If you want to understand the year your report is due, you should check the last digit of your block number. Building owners need to submit the energy efficiency report once every ten years.

LOCAL LAW 97: Carbon Emissions Caps

Part of the Climate Mobilization Act of 2019, Local Law 97 imposes annual caps on carbon emissions for most buildings in New York City that are larger than 25,000 square feet. At its core, the law aims to cut greenhouse gas emissions from buildings by –

• 40% by 2030, and 
• 80% by 2050

Allowable emissions are determined based on a building’s use and total area. Those who exceed their allotted limits have to pay steep penalties — $268 for each metric ton of carbon dioxide that facilities produce in excess of the limit. LL97 is particularly noteworthy as it places more of an emphasis on retrofitting current buildings, incentivizing owners to implement energy-efficient technology, shifting to electrified systems, and investing in other renewables.

Here’s how they stack up against one another –

How the Laws Interact

Although LL87 and LL97 have different mandates and timelines, the two complement each other in practical and strategic ways:

Reports Yield Actionable Insights

The findings from LL87 typically include detailed recommendations that owners can use to make targeted upgrades or improve day-to-day building operations. Upgrading HVAC systems, switching to more efficient lighting, and fine-tuning building controls are just a few examples of changes that not only enhance performance but also help meet LL97’s emissions targets.

Creating a Unified Strategy

Property owners who act early to meet LL87 obligations are in a stronger position to plan strategically for LL97 compliance. By first addressing operational fixes—many of which cost little or nothing and are revealed through LL87 evaluations—owners can reduce their buildings’ emissions right away. This allows for a phased approach, where smaller improvements pave the way for future capital investments required to comply with LL97’s more stringent standards.

Regulatory Sequence

LL87’s requirements for periodic audits and tune-ups can be viewed as an ongoing process of energy performance improvement, while LL97 establishes the performance standard (emissions cap) that buildings must achieve. In this way, LL87 acts as a process-oriented law, and LL97 as an outcome-oriented law.

Compliance Overlap and Distinctions

• Scope: LL87 applies to buildings over 50,000 square feet, while LL97 covers those over 25,000 square feet. Thus, some smaller buildings are subject only to LL97.
  
• Frequency: LL87 compliance is required every ten years, while LL97 compliance is ongoing, with annual reporting and penalties for each year a building exceeds its emissions limit.
  
• Nature of Requirements: LL87 mandates audits and operational corrections but does not require implementation of capital-intensive upgrades. LL97, by contrast, effectively requires whatever measures are necessary to meet the emissions cap, which may include major retrofits or electrification

Relationship Between Local Law 87 and Local Law 97

LL87 is applicable for buildings over 50,000 sq ft. LL87 compliance requires buildings to perform energy efficiency audits and retro-commissioning every 10 years. Non-compliance with local law 87 can cause hefty fines.

Meanwhile, Local Law 97 is focused on reducing greenhouse gas emissions in New York City. The goal is to reduce 80% of carbon emissions in NYC by 2050. When buildings undertake measures to avoid LL87 fines, it automatically puts you on the right path towards Local Law 97 Compliance.

Parting Words

Complying with Local Law 87 and 97 has become a necessity for all building owners. Failing to comply can make building owners pay hefty fines and face various legal consequences. Therefore, it is crucial to find dedicated experts who can help you with LL87 and LL97 compliance.

If you are struggling to comply with these legal requirements, The Cotocon Group can help you. Our expert professionals are aware of the latest requirements of LL87 and LL97 to make your building energy-efficient. From energy auditing to retro-commissioning, our experts can help you with everything. Contact us today!

FAQs:

• When did the NYC LL87 come into existence?

In 2009, the Greener, Greater Buildings Plan came into existence to increase the energy efficiency of all large buildings in NYC. The act introduced various regulations for building owners to optimize and better understand their annual energy and water consumption. Local law 87 was one among those regulations.

• What happens in a retro-commissioning study?

A retro-commissioning study is useful for ensuring that all energy systems in a building are running efficiently. After performing the retro-commissioning study, building owners can undertake different energy conservation measures.

• How much fine is payable for local law 87 non-compliance?

Failing to submit energy efficiency reports on time can lead to a fine of $3000 in the first year. The fine amount goes up to $5000 in consecutive years.

• What are the economic benefits of Local Law 87?

Local law 87 can help building owners enjoy various economic benefits like lower operating costs through energy savings. Additionally, LL87 can help increase the value of a property. With improved energy efficiency, a property will attract tenants looking for sustainable shelters.

• What is the Local Law 87 extension?

Local law 87 extension is available for failed and untimely submissions of energy efficiency reports. Furthermore, the extension is available for buildings undergoing financial hardships. Filing for an extension requires $155, and you will have to submit the extension request by October 1 of the year, when the report should be submitted.