Many municipalities are instituting building performance standards (BPS) to drive emission reductions and energy efficiency in larger commercial buildings. New York City was one of the first municipalities in the nation to pass their BPS, known as Local Law 97 or LL97. LL97 requires the city to cut emissions 40 percent by 2030 and 80 percent by 2050 from 2005 levels.
Owners of most buildings larger than 25,000 square feet in NYC, including co-op and condo boards, must reduce their buildings’ carbon emissions beginning this year, or face fines that could reach tens of thousands of dollars. The annual emission reports deadline is in May, 2025. Roughly 80% of buildings within the scope of LL97 are expected to comply already for 2025, however, by 2030 it’s expected that only 20% of covered buildings will meet the more stringent 2030 emissions reductions requirements, unless significant building retrofits are completed.
NYC Department of Buildings (DOB) had 11 staff devoted to LL97 at the beginning of 2024. Today, there are 38 enforcement staff, and another 20 yet to be filled positions. This represents a serious commitment to LL97 enforcement. There are, however, legal battles occurring as well. A state court suit seeks to block LL97. The city is trying to get the suit dismissed on appeal, by December.
While LL97 sets overall building decarbonization targets, NYC has passed additional laws to drive specific retrofit actions:
- LL88 was passed in 2009 and requires lighting upgrades and sub-metering. Non-resi buildings greater than 25,000 sq. ft. must upgrade lighting to meet current energy codes, and meet sub-metering requirements. LL88 actions help achieve LL97 compliance.
- LL132 & LL134 were passed in 2016 and revised LL88. They expand LL88 to include common areas of multi-family residential buildings.
More information about NYC’s expansion of LL97 enforcement staff can be found here and here.
Special thanks to Chris Primous for sharing this information.
Image: https://locallaw97guide.com
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