Benchmarking Standards for New York City Buildings

Our Mission‑Driven Approach in New York City
Building Performance Standards for New York City, NY (Local Law 97)
Performance Metrics
Annual greenhouse gas (GHG) emissions (tCO2e/sq. ft.)
Performance Targets/Standards
Targets change every five years to allow fewer building emissions. Building emissions limits are set for each building by multiplying the corresponding building type’s building emissions intensity limit (in tCO2e/sq. ft.) by the building’s gross square floor area (in sq. ft.). Greenhouse gas emissions (building emissions) for a building are calculated by multiplying the total energy consumption of each fuel type consumed on the building’s premise (utility electricity, natural gas, #2 and #4 fuel oils, district steam, other; all in kBtu) by the corresponding greenhouse gas coefficient for that fuel type (in tCO2e/ kBtu) and totaling the resulting emissions.
Compliance Pathways
Buildings must meet the standard annually, but buildings can use RECs and offsets to compensate for going over the emissions limits. Additionally, the City is studying a carbon trading system so buildings that do not meet the annual emissions limits could buy credits from buildings that are below the limits.
Exemptions
• Single family homes; • Industrial facility used for generating electric power or steam;Dwellings less than three stories consisting of attached, detached, or semi-detached housing for which owners are responsible for HVAC and hot water; • City buildings; • NYC Housing Authority buildings; • Rent-regulated accommodation; • Real estate owned by religious corporations and used as a place of public worship; • Property owned by a housing development fund organized pursuant to article 11 of the Private Housing Finance Law.
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New York City Building Energy Performance Standards
Policy Name
Sustainable Buildings NYC (Local Law 97)
Year Enacted
2019
Covered Buildings
Comm & MF buildings ≥ 25,000 sq. ft.
Compliance Cycle
Covered buildings must comply annually beginning in 2024. Emissions limits become increasingly stringent every five years.
Enforcement
Exceeding annual building emissions limit: Civil penalty of not more than an amount equal to the difference between the building emissions limit for such year and the reported building emissions for such year, multiplied by $268. Failure to file a report: Penalty no more than an amount equal to the gross floor area of such covered building, multiplied by $0.50, for each month that the violation is not corrected within the 12 months following the reporting deadline; provided, however, that an owner shall not be liable for a penalty for a report demonstrating compliance with the requirements of this article if such report is filed within 60 days of the date such report is due. False statement: Fine of not more than $500,000 or imprisonment of no more than 30 days, or both, in addition to a civil penalty of not more than $500,000.