Local Law 87: Energy Audits & Retro- Commissioning
What New York City Building Owners need to know before taking decision
What is Local Law 87/09?
Local Law 87 of 2019 as amended requires owners of covered buildings to undergo energy audits and retro-commissioning every ten years to optimize energy performance of building, identify energy-saving measures and ensure building systems are operating efficiently.
What is an Energy Audit – LL87/09?
- An Energy Audit is a systematic process of survey and analysis of energy use in a building with the purpose of identifying opportunities by developing and improving the base building systems to reduce the amount of energy consumed without negatively affecting the operations and achieving energy savings.
- The scope and process of the energy audit for building that exceeds 50,000 gross square feet must be at a minimum equivalent to the procedures, requirements, and reporting described for Level II energy audit in accordance with ANSI/ASHRAE/ACCA Standard 211- 2018- for Commercial Building Energy Audits, and NYC LL87/09 Rule Amendment 2019.
- During an assessment, an energy auditor looks comprehensively at all areas of a building, such as how well it’s insulated, the effectiveness of heating and cooling equipment, lighting, and indoor air quality.
What is Retro-Commissioning?
- Retro-commissioning is the process of ensuring that the energy systems in an existing building are installed as per the design intentions, functionally tested, and capable of being operated and maintained, according to the owner’s operational needs.
- In addition, optimizing the energy efficiency of existing base building systems through the identification and correction of deficiencies in such systems, including but not limited to repairs of defects, cleaning, adjustments of valves, sensors, controls or programmed settings, and/or changes in operational practices.
The Retro-Commissioning provider shall ensure that the items listed in LL87/09, and LL87/09 Rule Amendments 2019 are addressed.
Check the Covered Buildings List and Department of Finance Tax Bills to determine if a property needs to comply.
As it appears in the records of the NYC Department of Finance (DOF):
- Buildings greater than 50,000 gross square feet
- A tax lot containing two or more buildings that together exceed 100,000 gross square feet
- Two or more buildings held in a condominium form of ownership that together are larger than 100,000 gross square feet.
What are Base Building Systems?
The systems or subsystems of a building that use energy and/or impact energy consumption including:
- HVAC (Heating, Ventilation and Air Conditioning Systems)
- Electrical and Lighting Systems
- Domestic Hot Water Systems
- Building Envelope
- Conveying Systems
Certain base building Systems are not required to comply with LL 87 and described in Local Law 87 of 2019.
Who can do this work as the Auditor and/or Retro-Cx Agent?
- NYS Registered Design Professionals (PE or RA) can act as the Auditor and/or Retro-cx Agent if they have the required certification(s) OR they can supervise a team that has an individual with the required certification(s) as described in LL87/09 Rule Amendment 2019.
- For retro-cx, a certified Refrigerating System Operating Engineer or a licensed High Pressure Boiler Operator can be substituted for the Registered Design Professional (RDP).
- The energy auditor or retro-cx agent performing or supervising may not be on the staff of the building being audited/retro-commissioned
Who is the Owner?
- The owner of record of a covered building, except that in the case of a net lease of an entire building for a term of 49 years or more, inclusive of renewal options.
- The term owner shall refer to the net lessee and in the case of a covered building held in cooperative or condominium form of ownership.
- The term owner shall refer to the board of managers in the case of a condominium and the board of directors in the case of a cooperative apartment corporation.
Requirements
Owners are obligated to file and submit an Energy Efficiency Report (EER), summarizing the findings and recommendations of an energy audit and related retro-commissioning measures, in the calendar year in which the last digit of the year coincides with the last digit of the building’s tax block number.
What is the process for submitting an EER?
Building owners need to submit EER by 12/31 of the building’s filing year.
- The filing year is the calendar year that coincides with the last digit of the building’s tax block number.
- Hire a professional to conduct energy audit and retro-commissioning activities.
- Allow enough time for a service provider to complete the work.
- The energy audit shall be completed no earlier than four years prior to the date on which the covered building’s energy efficiency report is filed with the department.
Implementation & Enforcement
- NYC Department of Buildings is responsible for implementation and enforcement.
- Implementation includes processing and reviewing submissions of Energy Efficiency Reports, Extension Requests, Deferral Requests, Violation, Penalty, and Challenge to violation.
- Fees:
Initial Filing Fee: $375
Extension Request Fee: $155
Amendment Fee: $145
- Failure to comply with LL87/09 and submit an acceptable EER by December 31 of the building’s filing year in which such report is due is a Major (Class 2) violation which may subject properties to fines of $3,000 the first year and $5,000 for each additional year until the EER is submitted to the department. The department will not accept any outstanding EER submission if outstanding penalties are not paid in full.
You should choose our Local Law 87 Compliance Consulting firm because we offer the highest quality of technical expertise and support to the client and resolve the problems of building systems with our highly skilled and knowledgeable representatives to ensure a smooth and successful journey towards decarbonization, energy savings, reduced costs and ability to complete projects on schedule.
Avoid penalties and achieve compliance
Email: info@egsc.energy to get connected with us
Contact Us