Local Law 97 – Carbon Emission Limit

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Local Law 97

Carbon Emission Limit

Local Law 97 establishes emissions restrictions for buildings greater than 25,000 square feet, which will reduce carbon emissions by at least 40% by 2030 and more than 80% by 2050.

This ordinance is expected to reduce carbon emissions in New York City by 6 million tons by 2030, the equivalent of taking 1.3 million cars off the road. By 2030, it will have created 26,700 green jobs and avoided 50 to 130 premature deaths and 150 hospital visits. LL97 will enhance air quality in New York City, shielding residents from dangerous pollution that has been related to asthma, emphysema, and other health problems.

Although Local Law 97 (LL97) does not take effect until 2024, decisions made now will have a significant impact on buildings’ capacity to comply with the law. Given the law’s long-term capital planning requirements, building decision makers need to know immediately if the law applies to their structures and, if so, what alternative compliance pathways are open to them. Owners can also coordinate compliance with routine replacement or refinancing cycles.

What buildings need to comply?

  • Buildings that exceed 25,000 square feet
  • Two or more buildings on the same tax lot that together exceed 50,000 square feet
  • Two or more buildings owned by a condo association that are governed by the same board of managers and that together exceed 50,000 square feet.

Compliance:

The most prominent and best option is implementing energy conservation measure requirements for certain buildings. If opting for the alternative compliance pathway, building owners are required to submit a report prepared by a retro-commissioning agent demonstrating that they have implemented the appropriate energy conservation measures outlined below. Other alternatives are:

  • Purchase greenhouse gas offsets, also known as carbon offsets, to deduct up to 10% of a given building’s emissions.
  • Greenhouse gas emissions trading. Although, this is not a guaranteed pathway in the near-term.

Violations for Non-Compliance

Beginning in 2025, an owner of a covered building who submits a report indicating that the building has exceeded its annual building emissions limit will be subject to a civil penalty equal to the difference between the building emissions limit and the reported building emissions for that year, multiplied by $268.

Conservation Measures

Buildings with emissions higher than prescribed limits must ensure that certain energy conservation measures have been conducted where applicable. These measures include and are not limited to:

  • Upgrade Lighting
    Upgrading lighting to comply with the standards for new systems set forth inthe New York City Energy Conservation Code and/or applicable standards referenced in such energy code on or prior to December 31, 2024
  • Insulate Pipes
    Insulating all pipes for heating and/or hot water.
  • Install Timers
    Installing timers on exhaust fans.
  • Weatherization
    Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation.
  • Water Heating
    Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements.
  • Heating System
    Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points.
  • Temperature Controls
    Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators.
  • Water Tank
    Insulating the steam system condensate tank or water tank.
  • Steam System
    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.

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