Robert Romanoff is president of New York-based Absolute Electric, which for more than 100 years has specialized in the service and installation of electrical systems for commercial and industrial properties. Its teams of professionals can furnish, install and maintain any electrical system in a wide range of project types. Here, he discusses the requirements of Local Law 88 and how it benefits lighting buildings in New York City.
What is a New York City Local Law?
Local Laws are provisions put forth by the New York City Council, which can amend existing laws or provisions or provide for new requirements and/or policies as they see fit. In other words, these are the products of New York City’s legislature.
What is Local Law 88?
Local Law 88 is part of a package of laws known as the Greener Greater Buildings Plan, which were enacted in December 2009 to improve the energy and water efficiency of New York City’s largest existing buildings. This law intends to reduce the impact of lighting on the electric grid in the face of heightened demands posed by the increasingly prevalent electric vehicles and electric utilities, such as electric ranges and heating equipment.
The Council finds that the consumption of energy for lighting and other electrical equipment can be reduced if code-compliant lighting is installed in non-residential spaces, electrical measuring equipment is installed and data on electrical energy use is made available to commercial tenants. Local Law 88 details the requirements for interior residential common spaces and commercial spaces with areas greater than 25,000 square feet to implement energy-efficient lighting solutions as per the NYC Energy Conservation Code for 2025. Commercial interior spaces greater than 25,000 square feet must also implement sub-metering in specific cases and provide monthly energy statements.
What are the specific requirements?
Local Law 88 law requires four modifications to interior lighting arrangements: minimum lighting usage achieved through LED lighting, lighting motion sensors, daylight controls and tenant sub-metering. The requirements for LED lighting constitute the majority of the modifications required to achieve compliance. While not explicitly mentioned in either Local Law 88 or its subsequent additions (Local Laws 132 and 134), only LED lighting can sufficiently satisfy the Department of Buildings’ minimum lighting requirement (in lumens, or light intensity), while consuming less power than that allotted by the power thresholds specified in the NYC Energy Conservation Code. Older fluorescent, halogen, metal halide and incandescent lamp types can only satisfy one of these requirements at a time.
The decreased energy consumption is significant. In one example, a client saved 150,000 kWh over a one-year period. At $0.17 per KWH, that equates to a yearly savings of $25,500. Additionally, LEDs have a much greater lamp life than fluorescents, incandescent and the like. The savings in replacement costs for material and labor is an added bonus. The next requirement stipulated by the law is motion and daylight controls. While LED luminaires are far and away more efficient than their older counterparts, a large portion of the energy expended for general lighting purposes is wasted on lighting areas where it is not needed — for example, a light left on in a closet or a restroom while unoccupied, or a light fixture operating in an area with sufficient borrowed light. In this case, we utilize wireless motion and daylight controls, such as those provided by Lutron.
Existing on/off switches can be replaced with equivalents equipped with passive infrared motion sensors in smaller areas; larger areas can be covered by ceiling-mounted occupancy sensors. Each of these connects to an installed power pack which can either dim or switch light fixtures on and off based on the occupancy of the zone it covers. In areas with access to sufficient daylight (near windows and beneath sunroofs), a daylight sensor can instruct the power pack to perform similar actions in response to fluctuations in the intensity of daylight.
The final major requirement of Local Law 88 stipulates that electric sub-meters must be installed to monitor any commercial tenant with a total floor area equal to or exceeding 5,000 square feet. Shared costs lead to waste. Smart meters allow Con Edison to gain a deeper understanding of a building’s power usage by both area and time of operation.
This portion of the local law ties into another recent law, Local Law 97, which requires commercial properties to install Building Management Systems (BMS) to monitor various equipment. With a BMS, smart meters can be read from a central location (a computer terminal); often, several measurements can be taken to ascertain power usage.
What’s the timeline?
Local Law 88 goes into effect on January 1, 2025. All required lighting upgrades are required to be performed, and changes filed with the Department of Buildings, no later than May 1, 2025, after which penalties will be applied. Additionally, as is the case with Local Law 97 (and other provisions pertaining to energy effi ciency in relation to mechanical devices, piping and ductwork), Prescriptive Energy Conservation Measures (PECMs) reports must be fi led with the Department of Buildings detailing property owners’ plans to achieve compliance.
Are there penalties for noncompliance?
Multiple fines ranging from $1,500 to $10,000 may be levied against non-compliant locations. In some cases, they may be charged annually until compliance is achieved. Specifically, per NYC Administrative Code Section 28-321.3, a total of three $10,000 fi nes can be levied for each of the following failures: failure to fi le a PECMs report, failure to demonstrate compliance with energy-compliant buildings requirements and failure to demonstrate compliance with energy conservation measures. Additionally, failing to provide proof of installation of sub-meters in all required locations will consist of an annual fee of $1,500 until compliance is achieved, in addition to a $500 fi ne per missing location.
How should managers prepare?
Local Law 88 compliance projects can take anywhere from a week to several months, depending on the degree to which the building has already been upgraded, if at all. It is in the building owner’s and property manager’s interest to plan ahead and complete work as soon as possible as lighting components, such as dimming controls and sensors, might be sold out or have long lead times.
Making the required updates will ensure compliance with the new local laws, and in turn you will enjoy the benefit of energy savings and increased reliability across your buildings.
