In its quest to meet goals set in NYC’s 80×50 initiative, the City Council passed several new laws regarding buildings and sustainability. There are new requirements for construction, postings and signage, green roofs and more.
Starting in 2024, the biggest part of the CMA — Local Law 97 — will kick in, requiring covered buildings to adhere to specific emission limits depending on their size. While this law is the farthest away timewise in terms of enforcement, it’s possibly the most complex and difficult to comply with. Failure to meet the required standards could result in substantial fines — some as high as six figures.
We had the chance to speak with energy and building expert Steven Winter Associates, and we learned several key points about the new regulation package, including what you should focus on to minimize fines across your portfolio. Here’s how your team can start tackling these new requirements today:
First Things First — What’s On Deck?
Some of the new laws, such as Local Law 33, go into effect as early as next year. For the first time, building owners will have to post their energy letter grades “in a conspicuous location near each public entrance,” according to the law. Failing to comply will result in violations and fines.
Based on previous energy scores, it’s projected that 39% of buildings citywide may receive “D” grades, compared to 26% of buildings with “A” grades.
Benchmarking data for the previous year is due each May. After submitting your data by May 1, be on the lookout for your resulting grade and grade poster. Stay tuned for any city announcements, and make sure your grade is posted at each public entrance once you’ve received it.
Undergoing Construction? Be Aware
If you’re currently undertaking or planning any construction projects, make sure your consultants and contractors are aware of the latest sustainability rules. Local Laws 92 and 94 mandate sustainable roofing zones for work involving the replacing of an entire existing roof deck or roof assembly. It’s possible that more existing buildings may have to comply with this policy in the future, but for now, make sure you know the construction projects that fall into or out of this scope.
Make a Plan, & Stick to It
With some exceptions for qualifying buildings, Local Law 97 isn’t prescriptive. The city wants you to curb emissions and will provide some resources to help, but it won’t tell you the exact steps to get it done. Additionally, what works for some buildings may not work for others. It’s possible your portfolio plan may involve different people, routines and equipment.
That said, if your emissions plan includes employee-driven tasks (performing regular work, logging and reviewing energy data), it’s critical you have a way to track whether or not these things are actually happening. You’ll want to measure emissions results directly against the work your staff is doing, and you’ll need to ensure the work is actually being performed.
While 2024 seems like a long way away right now, it’s never a bad idea to start reviewing options with your energy consultant now, and determine the best ways to prevent outsized fines at all your buildings. The sooner you start preparing, the less likely you are to be hit with major penalties.
Kristen Hariton
SiteCompli
53 West 23rd Street
New York, NY 10010
kristen.hariton@sitecompli.com
646-257-4250
