16 Sep How to file a Local Law 87 Extension with NYC Department of Buildings
A study published in 2016 stated that New York City buildings contribute to over 60% of the carbon footprint/greenhouse gas (GHG) emissions into the atmosphere in the city. So, in order to control this, New York City is making every effort to protect the environment and reduce the carbon footprint by way of local legislation.
As we all know that New York City local law 87 requires the owners of large, covered buildings including city-owned buildings, to undergo energy audits and retro-commissioning followed by submitting information to the department in the form of energy efficiency reports.
In New York City local law 87 (NYC LL 87), the audit and retro-commissioning information include the following:
The basic team information
General building information
Inventory of existing equipment
Breakdown of energy end-use
Measures identified from the audit to conserve energy
Measures of retro-commissioning
Energy Efficiency Reports (EER) Extended Filing Deadline
Under New York City local law 87 (NYC LL 87) of 2009, it is mandatory for all the building owners to submit an EER which is also known as Energy Efficiency Report. There may be an extension available to them (building owners) to the filing deadline which is October 1 for filing an Energy Efficiency Report (EER).
The duration of an extension is one year and under this law, in which one-year extension, applicants may only apply again for one additional year.
FOR FILING AN EXTENSION
In the case where the building owners are not able to conduct an energy audit as well as retro-commissioning because of 2 factors that are reasonably good faith efforts, or if they (building owners) are experiencing financial difficulties, then they may be eligible and go for an extension. Note that New York City local law 87 (NYC LL 87), requires a $155 extension request.
Building owners can submit an extension request for such buildings with Type 2 (Alt-2) and Type 3 (Alt-3) alterations, that are causing problems in which they are due in compliance during the year. So, it is to be noted that in this case, extension requests will be due by October 1st and the due date shall be extended by 1 year for the property and up to 2 extensions may be granted under this law.
EXTENSIONS ARE AVAILABLE WHEN:
Good Faith Efforts (When Inability to Finish Both Energy Audit and Retro-Commissioning):
If building owners are unable to complete both the energy audit (identifies cost-effective options to save energy) and retro-commissioning process (focuses on fixing what exists in the systems) which are essential for New York City local law 87 (NYC LL 87), regardless of their good faith efforts prior to the report due date. For instance: If for some reason ‘X’ destroyed base building systems and the building is unable to go through NYC Local Law 87 work then a building can only be granted two one-year extensions based on the good faith efforts. So, in this regard, under this provision, the DOB (Department of Buildings) Commissioner may not allow over 2 extensions, each one no longer than a year which must be kept in mind. Also, any extension will not be extended to the scheduled due dates for subsequent (EERs) energy efficiency reports.
Financial Hardship of The Building
Under this provision, extension is available in cases of failed and untimely submissions but not only, as the provision also extends when there is a financial hardship in the building which means when in the case where the building is suffering from any financial condition. In this regard as mentioned earlier, an extension request costs set at $155 which must be registered when the report is due by October 1st.
Below mentioned are the following rules for financial difficulty under NYC Local Law 87:
On the Department of Finance’s annual list of New York City tax lien auction list, property taxes in arrears, and water or wastewater charges that resulted in the property’s inclusion, at least 2 years before an energy efficiency report (EER) to the due date.
The extension form (https://www1.nyc.gov/assets/buildings/pdf/eer2.pdf) must be filed and an email has to be sent to LL87@buildings.nyc.gov before October 1 of the year in which the report with detailed information is due. Not only this but the building owner also must note and ensure by October 1 for an extension is requested by the applicants of every subsequent year. In this case, $155 is the extension request fee.
It is to be noted that the (DoB) Department of Buildings should receive payments through e-mail and to file a complaint, it costs $375 whereas to make an amendment, costs $145.
Ensure to save all your documents in case of emergencies and information regarding extension and it is mandatory after the due date to keep all the records for 11 years.
A punishment of $3000 during the first year and $5,000 each year after that will be imposed in case of failure to comply with New York Local Law 87 (NYC LL 87). It is also to be noted that the implementation of recommendations is not needed by New York Local Law 87 (NYC LL 87).
HERE’S HOW TO FILE:
An email has to be sent with a completed (Energy Efficiency Report) EER2 Application to LL87@buildings.nyc.gov
The Department will ascertain and respond after making confirmation of the receipt and the details provided, as well as the instructions on making the needed filing payment. You can also, visit or contact LL87@NYCsustainability.org for further help or more details.
A relaxation will be there after a successful request also to shift your due date for instance, (from December 31, 2022, to June 30, 2023). (It is to ne noted that owners and property managers of Covered Buildings may file for a 6-month extension who are unable to submit their EER (Energy Efficiency Report) by December 31st this year.)
As mentioned earlier, following reasons shall be given while requesting an extension, as per the DOB (Department of Buildings) and that are good faith efforts (not able to finish Energy Audit and Retro-commissioning and financial hardship):
EER SUBMISSION GUIDANCE
Here is how you can file an Energy Efficiency Report (EER) guide
The Department of Buildings (DOB) provides a detailed information on how to file an Energy Efficiency Report (EER) Guide (in PDF form) in compliance with New York City Local Law 87 (NYC LL 87). The PDF also include a detailed information related to Energy Audit and Retro-commissioning Data Collection Tools, how to defer filing, the Professional Certification Forms, and how to apply for an extension.
You can access the PDF by clicking on this link – https://www1.nyc.gov/assets/buildings/pdf/eer2.pdf