LEED® EB Buildings get exemptions
WHAT BUILDING OWNERS SHOULD KNOW ABOUT
NEW YORK CITY’S NEW ENERGY LAW
On December 9, 2009 The New York City Council and the Mayor’s office passed a set of four groundbreaking bills known as the “Greener, Greater Buildings Plan” that aims to reduce the energy consumption and carbon footprint of New York City’s existing buildings. The electricity, heat and hot water used by buildings in New York City represents 75% of the city’s greenhouse gas emissions. The law affects buildings over 50,000sf, creates a stricter energy code and requires building owners to perform energy audits, lighting upgrades and annual energy and water use benchmarking. Below is a summary of the 4 bills and how they will affect building owners and tenants.
To download a PDF of this summary click HERE
ENERGY AUDITS, RETRO-COMMISSIONING, AND RETROFITS
Applies to:
- Privately owned buildings over 50,000sf, OR
- Two buildings on the same lot with a combined area over 100,000sf, OR
- Condominiums owned by the same board with a combined area over 100,000sf OR
- Buildings over 10,000sf where the City pays part or all of the electricity bills
Exemptions
Exemptions from energy audit
- Energy Star® label for 2 of the 3 years prior to report date
- LEED® for Existing Buildings (LEED®-EB) certification within 4 years of report date
- Energy efficiency at least 25 points higher than average building using LEED® methodology
Exemptions from retro-commissioning
- LEED EB certification within 2 years of report date AND
Building MUST receive the LEED® Credits EA2.1 and EA2.2
Requirements
Complete energy audit
ASHRAE Level 2 energy audit of Base building systems including HVAC, lighting, hot water, and building envelope to identify potential energy efficiency improvements. Potential improvements including equipment upgrades or replacement, insulation, and weatherization will be reported along with simple payback periods to aid in the prioritization of recommended measures. Implementation of recommended measures is NOT required by this legislation for privately owned buildings.
Complete retro-commissioning (RCx)
A qualified retro-commissioning agent will conduct onsite testing of all base building systems and perform recommended tuning and adjustments to optimize building system performance.
File Energy Efficiency Report
Building owners must file the Energy Efficiency Report, which includes reports from the Energy Audit and Retro-Commissioning, with the DOB.
Schedule
Energy Efficiency Report is due every 10 years starting in 2013. Report due dates are determined by a building’s block number. Buildings that are less than 10 years old or that have undergone major renovation and comply with the NYCECC can defer reporting by 10 years.
Link to Legislation Text Int. 967: Energy Audits, Retro-Commissioning, and Retrofits
ENERGY AND WATER EFFICIENCY BENCHMARKING
Applies to:
- Privately owned buildings over 50,000sf, OR
- Two buildings on the same lot with a combined area over 100,000sf, OR
- Condominiums owned by the same board with a combined area over 100,000sf OR
- Buildings over 10,000sf where the City pays part or all of the electricity bills
Requirements
Report building energy and water use data
Collect and input building operations data including energy and water consumption into the EPA’s online Energy Star® Portfolio Manager Tool or other eligible tool as per the Office of Long Term Planning and Sustainability.
Schedule
Benchmark scores must be reported by May 1st annually.
Beginning May 1st, 2010 for City Buildings
Beginning May 1st, 2011 for privately owned buildings.
Link to Legislation Text Int. 476: Benchmarking
LIGHTING UPGRADES AND SUBMETERING
Applies to:
- Privately owned buildings over 50,000sf, OR
- Two buildings on the same lot with a combined area over 100,000sf, OR
- Condominiums owned by the same board with a combined area over 100,000sf OR
- Buildings over 10,000sf where the City pays part or all of the electricity bills
Exemptions
- Residential dwelling units
- Assembly spaces in houses of worship
Requirements
Upgrade Lighting Systems
All lighting systems in commercial buildings including common areas and tenant spaces must be upgraded to comply with NYCEC energy code. Residential common area lighting systems must also be upgraded to comply.
Install Submeters
Submeters must be installed to measure the electricity use of every commercial tenant over 10,000sf or per floor, whichever is smaller.
Issue Monthly Electrical Statements to Tenants
Monthly statements must be issued to each tenant showing their electricity consumption and associated charges.
File a report with the DOB
A registered design professional, a licensed master, or special electrician must file a report with the DOB certifying that sub-meters have been installed in all covered tenant spaces.
Schedule
Lighting upgrades, submeter installations, DOB report filing completed by January 1, 2025
Link to Legislation Text Int. 973: Lighting Upgrades & Submetering
CREATION OF NEW YORK CITY ENERGY CONSERVATION CODE (NYCECC)
Applies to:
- All commercial and residential buildings
Exemptions
- State or National Historic Buildings
- Buildings designated by the Landmarks Preservation Commission
Requirements
All additions, alterations, renovations and repairs to comply with NYCECC.
Regardless of the scale of work performed, it will need to conform to the NYCECC. Areas not included in the renovation do not need to conform.
Schedule
Beginning July 1, 2010 this law will apply to all work for which DOB construction document approval is required.
Link to Legislation Text Int. 564: NYC Energy Conservation Code
CodeGreen™ is a sustainable building consultancy based in New York City. The firm provides LEED® certification services, Energy Star® consulting, energy audits, retro-commissioning, and sustainable operations program development. CodeGreen™ is currently greening over 60 million square feet of property throughout the country, and has achieved LEED® certification for over 8 million square feet of space in New York City, including 60% of the LEED® EB certified commercial office buildings in the City.
Contact CodeGreen for an analysis of how the new energy law will affect your property
phone 212.564.7972



