Countdown to 2025: Preparing Your NYC Property for Local Law 97 Compliance"
This week we wanted to remind you that building owners of certain “Covered Buildings” must start to comply with NYC Local Law 97 of 2019 (“LL 97”), which became effective on November 15, 2019, and sets limits on the greenhouse gas emissions starting in 2024. The goal of LL 97 is to help New York City reduce, by at least 40%, its greenhouse gas emissions from buildings by the year 2030 and achieve net zero emissions by 2050.
Covered Buildings include the following building types:
- a building that exceeds 25,000 gross square feet
- two or more buildings on the same tax lot that together exceed 50,000 square feet
- two or more condominium buildings governed by the same board of managers and that together exceed 50,000 square feet.
For certain buildings, including those designated as affordable housing, prescriptive measures that are proven to reduce energy consumption must be implemented before and reported on in 2025. Below is a link to the DOB site which gives you more information on the alternative prescriptive measures available to certain types of buildings.
https://www.nyc.gov/site/sustainablebuildings/requirements/affordable-housing.page
Property Owners of Covered Buildings will be required to file a report with the NYC Department of Buildings (“DOB”) by May 1, 2025 detailing their annual greenhouse gas emissions and then by May 1 of every year after. The report must be certified by a registered design professional. Buildings that are required to undertake prescriptive measures (e.g. Affordable Housing) will also be required to submit a report of compliance with DOB by May 1, 2025. Below is a link to the DOB site which gives you more information on the filing requirements.
https://www.nyc.gov/site/sustainablebuildings/ll97/local-law-97.page
Starting in 2025, an owner of a Covered Building who submits a report indicating that their building exceeded its annual building emissions limit will be liable for a civil penalty of not more than an amount equal to the difference between the building emissions limit for such year and the reported building emissions for such year, multiplied by $268.
Additionally, starting in 2025, building owners that fail to submit their report on their buildings energy usage can face fines up to $20,000.00.
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