10 May The Cost of Compliance vs The Cost of Local Law 97 Fines!

New York City always looks forward to innovating and maintaining sustainability. This holds true even when it comes to tackling climate change, and Local Law 97 is proof of that. The regulation attempts to bring down carbon emission limits of buildings exceeding 25,000 sq km in the city. 

However, property owners often shy away from implementing the necessary measures for compliance because of the associated costs. This article will discuss whether it’s worth neglecting the law to save on finances. 

Expenses for LL97 Compliance

Some of the possible expenses associated with NYC LL97 compliance are as follows:

• Hiring an Energy Auditor

You should figure out whether the law covers your building. If yes, you will have to hire an energy auditor. They will help in studying your property’s performance and benchmarking its current emission limits. Energy auditors also help in understanding whether an establishment will violate the limits of the regulation in the future. 

• Upgrades and Retrofits

If your establishment is above its prescribed emission limits, you will have to implement different strategies. The best one is taking the GHG emissions under the cap. To do that, you can consider the following upgrades:

• Using solar panels as an energy source
• Fitting windows for greater energy efficiency
• Converting regular light fixtures into LEDs
• Leveraging electric power systems over gas

Upgrading energy efficiency in properties can result in reduced expenses, an uptick in real estate value, and a boost in attractiveness in the marketplace. Therefore, adhering to these standards is not just a requirement but a chance for significant financial benefits and a decrease in ecological footprint.

How to Save Costs

If you fail to follow the regulations, you will face penalties for non-compliance. Before we get into the details of that, let us discuss how you can save costs while undertaking measures to adhere to Local Law 97 New York:

Early Planning

Preparation for adherence should begin well in advance. Property owners should initiate the process by gaining a thorough understanding of the emissions profile of their building and pinpointing areas where enhancements can be implemented.

Choosing the Right Compliance Measures

There are numerous approaches that can be taken to decrease emissions, such as implementing energy-efficient upgrades, improving insulation, and incorporating renewable energy sources. It is important to perform a comprehensive evaluation to determine the most effective measures for each individual property.

Each building possesses unique characteristics, and compliance strategies should be customized accordingly. Property owners should integrate a mix of approaches, including energy-efficient technologies, changes in behavior, and operational enhancements, in order to meet the emission limits.

Budgeting 

Adhering to the regulation requires a financial commitment. Property owners should develop a detailed budget for the necessary upgrades and enhancements. In certain cases, there may be incentives and grants available to help offset some of the expenses.

Seeking Financial Aid

For eligible property owners, there are opportunities for rebates, subsidy programs, and tax benefits. Additionally, due to the enactment of the Climate Mobilization Act, C-PACE loans have become feasible. These loans are made accessible to building owners for the purpose of financing energy-efficient enhancements and renovations. 

These loans typically have lengthy durations, fixed interest rates, and low interest rates based on the lifespan of the enhancements and renovations being financed. Under certain circumstances, the yearly savings in energy expenses can partially offset the annual expense of these loans. 

Moreover, the repayment of this C-PACE loan is done through property tax payments for the property. They are unable to accelerate, thereby increasing their value in the face of rising interest rates and operating costs.

Working with compliance experts will help you discover the right financing solutions and incentives for building upgrades. While it might come with upfront expenses, you will be able to avoid annual fines. 

Penalties for Non-Compliance

If you don’t comply with the requirements of NYC Local Law 97, you are likely to face the following penalties:

• Fines for Going Beyond Emission Limits

Building owners will face consequences if the emissions of their properties rise above the prescribed limits. The penalty amount will depend on the limit of the increase. You are likely to face severe fines for going too higher than the specific emission limits. The minimum fine amount is $268 per metric ton for the exceeded amount. 

• Fines for Missed Deadlines

Following the regulation’s requirements is not enough. You need to fulfill them within the specified time to avoid fines and other legal consequences. Take appropriate measures to bring down your emission limits within the required timeframe. 

• Fines for Failing to Submit Reports on Time

Buildings complying with the standard pathway need to submit a one-time annual report by May 2025. Those following the 2026 and 2035 Pathways need to start filing their annual reports from the fifth of the respective years. Remember that you will also have to bear fines for fabricating false emission reports. 

Ending Note

If you fail to adhere to LL97 guidelines, it won’t just bring down financial consequences on property owners. Non-compliance will also degrade the value of your establishment in the real estate market. Moreover, it will degrade your reputation in the property market. So, seek Local Law 97 compliance consulting services from The Cotocon Group and adhere to all the requirements without any trouble. 

FAQs:

• Who should abide by LL97?

All NYC establishments with a gross area of more than 25,000 square feet need to stick to this law. Every building has to remain under the annual carbon intensity limits as per its type. 

• What is the connection between LL97 and LL87? 

LL87 offers guidelines for achieving full compliance with LL97. By carrying out retro-commissioning measures following an energy assessment, affordable carbon reduction solutions will be effectively addressed.

• How does LL97 relate to LL95?

LL95 mandates that buildings larger than 25,000 square feet must display their energy efficiency grade at their main entrances. This grade is calculated based on the building’s ENERGY STAR PORTFOLIO Manager score, which is determined by analyzing the annual benchmarking data on energy usage.