What is NYC Local Law 88: Lighting Upgrades & Sub-Metering?

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Local Law 88 Compliance: Upgrade Your Building’s Energy Efficiency by 2025

Local Law 88 of 2009, along with its expansions through Local Laws 132 and 134 of 2016, mandates significant energy efficiency upgrades for New York City buildings. Residential buildings exceeding 25,000 square feet in common areas and all non-residential buildings over 25,000 square feet must upgrade their lighting systems to comply with the New York City Energy Conservation Code standards by 2025. This law aims to reduce energy consumption and enhance sustainability in large buildings across the city.

Furthermore, Local Law 88 requires non-residential buildings greater than 25,000 square feet to install electrical sub-meters for each large tenant space exceeding 5,000 square feet. These sub-meters facilitate detailed energy tracking and management, and building owners must provide monthly energy statements to these tenants.

Key Compliance Requirements:

  • Lighting Upgrades: All qualifying buildings must update their lighting systems to meet the latest NYC Energy Conservation Code standards.
  • Electrical Sub-Metering: Installation of sub-meters in non-residential tenant spaces over 5,000 square feet to monitor energy usage.
  • Monthly Energy Statements: Non-residential tenants must receive monthly reports on their energy consumption.

Compliance Timeline and Reporting:

  • Deadline: The compliance deadline for both lighting and sub-metering requirements is January 1, 2025.
  • Reporting Requirements:
    • Reports documenting the installation of tenant sub-meters and the completion of lighting upgrades must be filed with the NYC Department of Buildings by January 1, 2025.
    • Separate reports, one certifying the sub-meter installations and another certifying that the lighting upgrades are complete, must be prepared by a registered design professional (professional engineer, PE or registered architect, RA), a licensed master or special electrician.
    • These reports must be filed by the building owner with the NYC Department of Buildings on or before the compliance deadline.

Benefits of Compliance:

  • Energy Efficiency: Reduced energy consumption leading to lower utility bills.
  • Sustainability: Contribution to NYC’s environmental goals and reduced carbon footprint.
  • Enhanced Tenant Relations: Providing tenants with energy usage data promotes transparency and encourages energy-saving behaviors.

Key Requirements of NYC Local Law 88

Lighting Upgrades: Covered buildings must install or modify all lighting systems to meet the New York City Energy Conservation Code once by January 1, 2025. The upgrade must meet current new systems standards for maximum interior lighting power allowances, lighting controls (interior lighting controls, light reduction controls and automatic lighting shutoff), tandem wiring, exit signs, and exterior lighting. These requirements are found in section 805 of the New York City Energy Conservation Code and the standards referenced by the code, where applicable. Buildings are not required to upgrade the lighting all at once; it can be done space by space, floor by floor, etc. However, the work must meet the requirements set forth in the New York City Energy Conservation Code that is in effect at the time of the upgrade. If the New York City Energy Conservation Code changes after lighting upgrades are completed, additional upgrades are not required.

 

Sub-meters: Covered buildings must install one or more sub-meters for each: non-residential tenant space of 10,000 gross square feet or more on one or more floors let or sublet to the same person floor larger than 10,000 gross square feet consisting of tenant spaces let or sublet to two or more different persons For these sub-metered tenant spaces, each tenant must be provided with a monthly statement showing the amount of electricity measured by the sub-meter and any amount charged to the tenant or subtenant for electricity. For cases where there are multiple tenants on a floor covered by one sub-meter, the monthly statement must include the electrical consumption for the area covered by the sub-meter and the percentage of that area that is leased by the tenant.

Meter Upgrades Require Planned Approach

Similar to lighting upgrades, meter upgrades are more disruptive while using tenant spaces. Hence, we highly advise a planned approach. Additionally, approval of a phased upgrade allows building owners to plan meter upgrades for when tenants move out. One can use both manual and automatic meters to achieve Local Law 88 NYC compliance, and each has benefits and drawbacks.

  • Yes, it’s true that manual meters are less expensive. However, it is laborious and time-consuming to operate them as each must be read by hand. Tenants find it increasingly challenging to monitor their usage unless they are proficient in reading manual meters.
  • Although automatic meters are more expensive initially, they are simpler to use because data can be accessed from a distance. Another option is to develop a platform that lets renters monitor their usage in real-time.

Metering does not immediately save energy, but when their power usage data is easily accessible, tenants are more inclined to be energy-conscious. Larger renters are also more motivated to save power when they have separate meters since they do not bear the consequences of other tenants’ excessive usage, and they keep all the savings from their energy-saving measures. Upgraded automatic meters with the ability to track data from several locations at once are called multi-channel meters. Although the installation cost per meter area is around 25% less, you need careful planning because it impacts many tenant areas at once.

Exceptions: 

  • Let’s say a lighting system complies with the NYC Energy Conservation Code standards. Even more, let’s say it complies with applicable standards outlined in the code for new systems. In that case, there is no need for an upgrade. 
  • Let’s say the lighting power densities in any NY space are enclosed/installed with permanent floor-to-ceiling partitions and/or closable doors. Now, if it complies with the standards of the NYC energy conservation code and/or three applicable standards outlined in the code for new systems, then no upgrade is necessary.  
  • The lighting systems in residential properties falling under occupancy groups R-2 or R-3, as well as any areas that service them, such as boiler rooms, laundry rooms, and hallways, do not need to be upgraded. When a place of worship has a space that falls under occupancy category A-3, there is no need to upgrade the lighting system.

NYC Local Law 88: Which Properties Must Comply?

According to the law, a mixed-use structure is referred to as a “covered building” and comprises:

  • Structures more than 25,000 square feet.
  • A tax lot shared by two or more buildings totaling more than 100,000 sq ft.
  • A minimum of two condominium complexes totaling more than 100,000 sq ft and under common board governance.

 LL 88 does not apply to buildings with R-2 or R-3 occupancy classifications. The New York City Department of Buildings (DOB) must still receive a lighting report from exempt buildings and buildings that are currently in compliance with the legislation, proving their exemption.

Commercial Tenants Account For a Significant Portion of the Building’s Emissions and Energy Use: How To Deal

In mixed-use residential complexes, usage is usually monitored by a single electricity meter. Given this, many properties charge regular rates to non-residential tenants—typically, commercial businesses—regardless of the tenant’s actual consumption.

If energy-use data rather than a fixed monthly charge were made accessible to these enterprises, they would probably cut back on their power use. They can use a BTU meter or a comparable tool to submeter commercial tenant utilities, such as gas, water, and other systems, in addition to electricity.

This will give precise statistics on power usage trends and divide expenses between residential and non-residential renters. The installation of these meters will assist owners in understanding and assigning carbon emissions in advance of LL97 emissions caps in 2024, even though Local Law 88 doesn’t mandate it.

Owners must ensure that commercial tenants, whether they operate a supermarket or a community center, are making every effort to minimize their power usage. Additionally, installing a sub-meter will facilitate the tracking and computation of the commercial tenant’s share of the building’s overall energy consumption.

 

Local Law 88 Fines

Local Law 88 imposes fines on building owners who fail to meet specific requirements related to lighting upgrades and electrical sub-meters in tenant spaces. Let’s break it down:


Lighting Upgrade Report


Building owners need to file reports detailing any upgrades made to their lighting systems. If they don’t submit these reports, they’re fined $1,500 every year until they comply. Basically, if they don’t tell the city what changes they’ve made to their lights, they get hit with a hefty fine that keeps adding up until they do.


Electrical Sub-meter Installation

 

  • Failure to File Report: Owners must also report on the installation of electrical sub-meters in tenant spaces. If they don’t submit this report, they face the same $1,500 annual penalty until they comply.
  • Failure to Install Sub-meters: In addition to the report, owners must actually install these sub-meters. If they don’t, they’re fined $500 per uninstalled sub-meter each year until they install them all. Essentially, if they don’t put in these meters as required, they’re charged $500 for each one they miss, and the charges keep coming until they’re all in place.

LL88 Compliance Becomes Simpler and Faster With The Cotocon Group 

Don’t know how to comply with Local Law 88?  The Cotocon Group is here to help.

Investing in power-efficient lighting systems can save costs and reduce power usage and carbon emissions. To offer multifamily residential complexes around NYC comprehensive LED lighting services, The Cotocon Group collaborates with top engineers and consultants.

Boards and building owners must hire experts who can schedule the work at different times to minimize disturbances to tenants and residents, provide access to financial incentives to defray project expenses, and provide a high level of support to expedite installation and timely completion.

We at The Cotocon Group are aware of our clients’ hectic schedules. We handle it for you because you don’t have time to understand and stay current on all of the NYC Energy Compliance rules. 

We’re dedicated to developing individualized sustainable plans that meet the demands of our customers. Get in touch with us right now to collaborate with a reliable energy consultant in NY!