NYC LOCAL LAW 133 (LL133)
In October – 2016, NYC passed Local Law 133/16 amending the benchmarking law. The list of buildings required to benchmark has been significantly expanded and now includes mid-sized buildings measuring 25,000 square feet or larger. Owners of these mid-sized building must benchmark for the first time by May 1st, 2018, and then by May 1st of every succeeding year.
To submit benchmarking reports, The Cotocon Group will register property/s with the Environmental Protection Agency (EPA), and then enter their utilities data spanning from January 1st to December 31st of the previous year into the EPA’s Energy Star Portfolio Manager.
As always, failure to comply with the law will result in a violation. Any property on the Covered Buildings List that has not submitted a benchmarking report by the May 1st deadline will receive a Notice of Violation from the NYC Department of Buildings and be fined $500. Continued failure to benchmark will result in a $500 penalty being issued each quarter, up to a maximum of $2,000 fined per year.
BENCHMARKING ENERGY AND WATER USE
- LL133 covers buildings only in NYC’s five boroughs: Manhattan, The Bronx, Queens, Brooklyn & Staten Island
- Buildings must be 25,000 square feet or larger
- LL133 requires the measurement & benchmarking of building energy & water use, and the submittal of the results to the City of New York
- Benchmarking reveals the relative efficiency of underlying systems, enabling owners, managers, and prospective buyers and tenants to evaluate operational performance in comparison to similar buildings.
- Each year between January 1st and April 31st data must be collected and submitted for the prior year
- The owner is responsible for reporting results to the Department of Building (DOB)
- The owner must request tenant energy data in January, using the Mayor’s Office of Long-Term Planning and Sustainability (OLTPS) form, and the tenant has until February 15th (or the day s/he moves out, if earlier) to report such information
- Owners must maintain records for three years. Incomplete tenant data does not exempt the building from compliance