 What is Local Law 88?
NYC Local Law 88 of 2009 requires property owners to upgrade their lighting systems and install tenant sub-meters. It is part of a package of laws known as the Greener Greater Buildings Plan, which were enacted in December 2009 to improve the energy and water efficiency of New York City’s largest existing buildings.
Which Buildings Need to Comply?
This specific law applies to the following:
- All buildings greater than 25,000 gross square feet.
- Two or more buildings on a single tax lot that, combined, exceed one hundred thousand gross square feet.
- Such two or more buildings in the condominium form of ownership are governed by the same board of managers and exceed 100,000 gross square feet together.
- All landmarked and residential buildings that fall within the definition of a covered building under the law must comply with LL88.
Note: Single to three-family homes and garden-style apartments are exempt from complying with this law.
Benefits of Compliance
- The NYC Energy Conservation Code will continue to be reviewed and updated, and future versions will have more demanding requirements. Therefore, waiting can result in more expensive upgrades.
- LL88 requires upgrades not only for common areas, but for tenant spaces. Lighting upgrades are more disruptive and expensive when tenant spaces are occupied, so property owners can schedule upgrades more effectively by starting earlier.
- Lighting upgrades can be a capital-intensive project, but LL88 allows them to be spread out as several smaller projects, as long as the building has been fully upgraded before Jan. 1, 2025.
Penalties for Non-Compliance
The consequences of non-compliance with LOCAL LAW 88 are as follows:
- A fine of $1,500 per year for each year that a lighting upgrade report is not filed.
- The fine for failing to submit a submeter report is $1,500, and it is assessed once a year until compliance. In addition, an annual $500 fine will be assessed for each covered tenant space without a submeter until all required submeters are installed.
LOCAL LAW 88 Compliance Report
The Law requires an initial report from a registered design professional or a licensed electrician. This report should provide the following information:
- The lighting system in the entire building has been inspected.
- The lighting upgrades you have done are as per the law.
- Each covered tenant space is metered with sub-meters.
This report has to be presented to the NYC Department of Buildings by 1 May 2025.
How to Understand If Your Building Needs a Lighting Upgrade
Local Law 88 mandates that lighting systems comply with the current New York City Energy Conservation Code, which may necessitate upgrades to LED lighting or the inclusion of daylighting or occupant controls.
You do not need to upgrade lighting for:
- Any lighting systems installed on or after July 1, 2010, that met the code at the time of installation.
- Lighting systems in dwelling units, or spaces serving such dwelling units, in occupancy groups R-2 or R-3.
- Lights are within occupancy group A-3, located inside a house of worship.
How to Understand If You Need to Install Sub-Meters
Non-residential and mixed-use board operators and building owners are required to set up electric sub-meters in each significant non-residential occupant space with more than 5,000 sq. ft.
For multi-tenant non-residential buildings (all floors or parts of floors), the following must be provided to each tenant:
- An individual sub-meter
- A sub-meter shared with other tenant spaces on the same floor
- One shared sub-meter for the whole floor
The boards and building owners must also furnish each non-residential tenant with monthly electrical statements. Those bills must specify the electricity usage recorded by the sub-meter for that billing period and the fees.
Tenant spaces that meet one of the following criteria must be submetered:
- One or more floors of a covered building where a single tenant space of 5,000 or more gross square feet is rented or subleased to the same individual.
- A single covered floor of a building in excess of 5,000 gross square feet with spaces leased or sublet to two or more different individual persons.
This applies to both commercial and multifamily properties. But there are some exceptions, including the following:
- Residential units in an apartment house or one- to two-family dwelling with not more than two apartments
- Tenant spaces where electrical consumption is already measured through a dedicated meter.
Tips for Compliance
Building owners should undertake the following measures to comply with LL88:
- Performing a Lighting Audit: Audit your lighting to determine your property’s needs. This will help you discover the areas in your home with the most energy waste and focus on upgrading them first.
- Check for Existing Exemptions: Check if any exemptions apply to your current lighting system.
- Institutionalize an Upgrade Plan: Design a systematic upgrade plan for your lighting system that enables you to monitor progress via meter settings.
- Exit Sign Power: Ensure exit signs use no more than 5 watts.
- LED Installations: Provide energy-efficient LED lights or other approved equally high-efficiency lights (e.g., compact fluorescent lights).
- Use Lighting Control Systems: Most commercial sectors need solutions such as smart lighting, occupancy and daylight harvesting, demand response, and centralized control to optimize energy use.
- Work Lighting Enhancements: Consider including work lighting enhancements in standard lease agreements, where applicable.
- Maintenance Plan: Develop a proactive lighting maintenance plan to help ensure the longevity and performance of your retrofitted lighting system. Avoiding problems through proper upkeep will also extend the total energy savings throughout the year.
- Seek Professional Advice: Work with a lighting consultant or design expert experienced in designing and installing an energy-efficient lighting system for your building’s specific needs.
Conclusion
Complying with LL88 is a great way to make your building more eco-friendly. The Cotocon Group understands the impact buildings have on our environment. We are committed to reducing the carbon footprint of all our projects. One way we do this is by conducting an annual audit of our projects’ energy use, which is a significant factor in a building’s carbon footprint.
To learn more about compliance, contact us. We are a group of highly skilled professionals offering various services such as NYC Local Law Compliance, Energy Audits, Building Commissioning, Retro-Commissioning and other GHG Emission Reduction Services.
