NYC LOCAL LAW 84 of 2009

ENERGY BENCHMARKING

NYC Local Law 84 of 2009 (LL84) mandates buildings over 50,000 square feet or groups of buildings on a single lot larger than 100,000 square feet to comply with annual energy benchmark reporting. As one of the New York City Greener, Greater Buildings Planthe law brings transparency for Energy and Water Usage and informs building owners and tenants on how to make their buildings more efficient. This applies to all covered buildings within the five boroughs.

What does Energy Benchmarking mean?

It is a process of measure, track, and report buildings’ energy and water consumption using a benchmarking tool. LL84 compliance requires building owners to use ENERGY STAR Portfolio Manager. This tool calculates an ENERGY STAR score as well as Greenhouse Gas (GHG) emissions based on a building’s information and utility data. The ENERGY STAR score will be used to define the building’s Energy Efficiency Rating, or Energy Grade as per NYC Local Law 95.

 

Buildings where tenant space is separately metered by utility company need to submit tenant’s metered energy and water usage data. Non-compliance to Local Law 84 Benchmarking subjects to a fine of $500 per quarter.

How are YOU impacted?

Local Law affects you if you own a building that is larger than 25,000 square feet, and If you have two or more buildings larger than 25,000 square feet in the same plot.

You are required to comply with the deadline and submit the reports by May 1st of each year. However, if you miss the deadline, the next quarterly compliance is on August 1st, November 1st & February 1st.

 

What are the fines like?

Non compliance is deemed severely penal with fines of $500 upon missing the first deadline. Failure to meet consequent deadlines will also be met with additional fines of $500 for each time, making it a total of $2000 worth of penalty.

 

How to Comply?

The first step is to report energy and water consumption and usage patterns to EPA’s Portfolio Manager, which requires the submission of unique reports per building. This tool calculates an ENERGY STAR score as well as Greenhouse Gas (GHG) emissions based on a building’s information and utility data. The ENERGY STAR score will be used to define the building’s Energy Efficiency Rating, or Energy Grade as per NYC Local Law 95.

Buildings where tenant space is separately metered by utility companies need to submit tenant’s metered energy and water usage data. Non-compliance to Local Law 84 Benchmarking subjects to a fine of $500 per quarter.

What benefits does Energy Benchmarking create?

It renders a better understanding of how energy efficient your building is comparing to others in the same occupancy group.

 

More importantly, building owners can use energy benchmarking to check their building’s GHG emissions and prepare for NYC Local Law 97 compliance. The law puts a cap on covered buildings’ GHG emissions, effective in 2025. Buildings that exceed a pre-determined emission limit will pay fines at $268 per metric tons of energy-related carbon dioxide annually for the exceeded emissions. Therefore, it’s important to discover any energy deficiency and keep your building’s GHG emissions below the limits ahead of time.

 

It’s recommended to conduct quarterly energy benchmarking, so that building owners can track GHG emissions and identify any factors that causing high energy usage and emissions immediately. When your building’s energy consumption lowers and earns an ENERGY STAR score of 75 or higher, your building will be qualified to pursue ENERGY STAR certification, which has been approved that can increase your building’s value and achieve high occupancy rate.

Challenging Violations

If you feel like you are being unlawfully and unjustly penalized, you have the provision of challenging it by filling out a Benchmarking Violation Challenge Form and mailing it to ‘sustainability@buildings.nyc.gov’.

We, The Cotocon Group, can help you manage your compliance for NYC Local Law 84, save operation expenses and make your building competitive in the marketplace. Our strategic & technical services simply NYC sustainability initiatives & compliances. We will ensure that your compliance meets all requirements from compiling data to submitting the energy and water benchmarking report to NYC Department of Finance.

Worried about the fines? Call Us Now!