Local Law 97 Compliance

Local Law 97: Greenhouse Gas Emissions Reduction

What New York City Building Owners need to know before taking decision

What is Local Law 97/19?

The New York City Local Law 97 of 2019 as amended (LL97) requires most covered buildings over 25,000 gross square feet to meet new GHG emissions limits beginning in 2024, with stricter limits coming into effect in 2030.

The goal is achieving a 40 percent reduction in aggregate greenhouse gas emissions from covered buildings by calendar year 2030 and net zero in 2050 relative to the emissions for 2005.

  • Local Law 97 of 2019 (LL97) is consisted of Articles (320 and 321).
  • LL97’s Article 320 covers most private buildings with corresponding rule 1RCNY § 103-14, Building Energy and Emissions Limits (Local Law 97).
  • LL97’s Article 321covers certain affordable housing and houses of worship with corresponding rule 1RCNY § 103-17, Energy Conservation Measure Requirements for Certain Buildings that are not covered under Article 320 (Local Law 97).

  • Articles 320 and 321 require covered buildings to file a report with the Department by May 1, 2025, detailing their annual GHG emissions and then by May 1 of every year after. The report must be certified by a registered design professional.

What is a Covered Building?

Covered building, as it appears in the records of the NYC Department of Finance (DOF), determines whether a building may be subject to LL97 compliance. 

LL97 covers:

  1. A building that exceeds 25,000 gross square feet.
  2. Two or more buildings on the same tax lot that together exceed 50,000 square feet.
  3. Two or more condominium buildings governed by the same board of managers and that together exceed 50,000 square feet.

Exceptions:

  • Certain buildings are not required to comply with LL 97 and described in Local Law 97 of 2019.
  • Check with the NYC Department of Buildings (DOB) Greenhouse Gas Emissions Reduction (LL97) website requirements or include DOB required information and send your question  to ghgemissions@buildings.nyc.gov if you believe your property qualifies for an exception.

When will Local Law 97 be implemented?

How do building owners ensure compliance with Local Law 97?

The Covered Buildings Lists (CBLs)

The preliminary covered buildings lists (CBLs), compiled by the Department using Department of Finance (“DOF”) data and that reflect the Department’s records for compliance requirements of each building under LL97.

The presence or absence of any property on any of these CBLs cannot be construed to relieve a building owner from compliance with LL97 or any other applicable law. These lists have been compiled using preliminary data and are intended as a preliminary reference only and are subject to change. 

  1. All properties subject to Local Law 97
    If a building appears on this list (LL97 All Properties CBL) and does not appear on any of the other lists, the building is subject to Article 320 of Local Law 97 beginning January 1, 2024, with the first report due May 1, 2025.
  • Covered buildings subject to Article 320 pursuant to section 28-320.3.10.1 (LL 97 2026 Rent Regulated Properties) CBL, where at least one dwelling unit, but not more than 35% of all units are rent regulated  (regardless of any income restrictions)

They comply with LL97 emission limits beginning January 1, 2026.

The initial annual report would use 2026 benchmarking data with the first report due May 1, 2027.

  • Covered buildings subject to Article 320 pursuant to section 28-320.3.9 ( LL97 2035 Income Restricted Properties) CBL, where at least one income-restricted rental unit. They comply with LL97 emission limits beginning  January 1, 2035. The initial annual report would use 2035 benchmarking data with the first report due May 1, 2036).
  • Covered Buildings that are subject to Article 321 (Certain Categories of Affordable Housing and Houses of Worship) prescribed in section 28-321.1, (LL97 Article 321CBL), more than 35% of dwelling units are rent regulated accommodation (regardless of any income restrictions), including a one-time report due May 1, 2025.

Article 321 compliance can be achieved by submitting a timely report that follows one of two pathways:

  • The Performance-based Pathway (section 28-321.2.1, “Energy compliant buildings”) report is certified by a Registered Design Professional (RDP) and shows that the building’s calculated emissions for 2024 were under the emissions limit for calendar year 2030, using the 2030 emissions coefficients, as described in section 28-320.3.2 and expanded upon in 1 RCNY §103-14.
  • The Prescriptive Pathway report is certified by a qualified retro-commissioning (“RCx”) agent and demonstrates the completion (or non-applicability) of the 13 Prescriptive Energy Conservation Measures (“PECMs”) listed in section 28- 321.2.2.

Unless a deadline extension is granted by the Department, the one-time Article 321 compliance report is due by May 1, 2025.

For covered buildings that are subject to Article 321, prescribed in section28-321.2.2 where a building owner chooses to follow the Prescriptive Energy Conservation Measures path, the following must be fully implemented where applicable at no later than December 31, 2024:

  1. Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements.
  2. Repairing all heating system leaks.
  3. Maintaining the building’s heating system, including but not limited to ensuring that system component parts are clean and in good operating condition.
  4. Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators.
  5. Insulating all pipes for heating and/or hot water.
  6. Insulating the steam system condensate tank or water tank.
  7. Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points.
  8. Replacing or repairing all steam traps such that all are in working order.
  9. Installing or upgrading steam system master venting at the ends of mains, large horizontal pipes, and tops of risers, vertical pipes branching off a main.
  10. Upgrading lighting to comply with the standards for new systems set forth in section 805 of the New York city energy conservation code and/or applicable standards referenced in such energy code on or prior to December 31, 2024. This provision is subject to exception 1 in section 28-310.3, provided that July 1, 2010, is replaced by January 1, 2020, for the purposes of this section.
  11. Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation.
  12. Installing timers on exhaust fans.
  13. Installing radiant barriers behind all radiators.

LL97 GHG Emissions Violations

Violations for Non-Compliance

For buildings subject to Article 320:

  1. A covered building owner must submit the annual building emissions report on the due date.
    Penalty for noncompliance = (Gross Floor Area x $0.50) per each month that the violation is not corrected within the 12 months following the reporting deadline.
  • A covered building must meet the annual emissions limit for that building.
    Penalty for noncompliance = ((Actual Reported Building Emissions – Building Emissions Limit) x $268) per year

For buildings subject to Article 321:

  1. A covered building owner must submit the compliance report on the due date. Penalty for noncompliance = $10,000
  • A covered building must demonstrate compliance with one of the two compliance pathways. Penalty for noncompliance = $10,000

Why should you choose us?

You should choose our Local Law 97 Compliance Consulting firm because we offer the highest quality of technical expertise and support to the client, 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

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