According to PLaNYC, the mayor's Office Report on Long-Term Planning & Sustainability, Staten Island has the lowest compliance rate of any borough. Compliance rates are as follows: Manhattan: 83%, Brooklyn: 69%, Queens: 72%, The Bronx: 71% and Staten Island: 39%. The N.Y.C. Greener Greater Buildings Laws consist of four Local Laws enacted in December 2009, which are as follows:
* Local Law 84 - Benchmarking - requires yearly benchmarking of energy and water usage
* Local Law 85 - N.Y.C. Energy Conservation Code - establishes a new ECC that applies to renovations as well as new building construction, with more stringent requirements for achieving energy efficiency
* Local Law 87 - Energy Audits and Retro-commissioning - requires ASHRAE Level II energy audits as well as retro-commissioning of base building systems
* Local Law 88 - Lighting Upgrades and Submetering requires that lighting in commercial buildings be upgraded for energy efficiency and install sub-meters in tenant spaces.
On page 24 of the report, it states, "Over 40% of the properties required to comply with LL84 are located in ManÂhattan, which had the highest compliance rate. The Bronx, BrookÂlyn and Queens each contain between 17% and 20% of the covered properties, and all had similar compliance rates. Staten Island, with the smallest number of covered properties at 2%, had the lowest compliance rates."
Commercial, mixed-use and residential buildings are required to benchmark, such as:
* N.Y.C.-owned buildings 10,000 gross s/f or more
* Buildings 50,000 gross s/f or more
* Two or more buildings on the same tax lot that together exceed 100,000 gross s/f
* Condo ownership or two or more buildings that together exceed 100,000 s/f
* Churches, hospitals, universities and condominium owners associations are NOT exempt from this law.
Exempt buildings are exclusive to:
* City-owned buildings that are 50,000 gross s/f or less participating in an HPD program. This includes federally owned buildings as the USPS.
* Residential property classified in section 1802, subdivision one of the real estate tax law including one, two and three-family homes and co-ops and condos with no more than three dwelling units.
George Crawford, principal of NYG Green Partners said, "These regulations have only recently phased in with the first filing deadline of Dec. 31, 2011 for the Local Law 84 Benchmarking Cycle for 2010. As with anything new and innovative, there is always some confusion the first time around. However, now that the results are in, it's clear that outreach efforts should continue to help property owners become more aware of the compliance requirements of these new Local Laws in order to avoid future fines and violations."
Many owners missed the filing deadlines for both the 2010 and 2011 Benchmarking Cycles and have received fines and violations as a result. It is important for them to note the difference in the requirements for clearing these violations. If an owner missed the first deadline of December 31, 2011 (the 2010 Benchmarking Cycle) all that is required to clear this violation is to pay the $500 fine. No other action is required. However, if an owner missed the May 1, 2012 deadline (the 2011 Benchmarking Cycle) the requirements for clearing this violation are more involved. First the fine must be paid for missing the May deadline. If the May deadline was missed, chances are that the second filing deadline of August 1, 2012 may have also been missed. If this is the case, the building owner can expect to receive a second fine and violation for missing the August deadline on or about November 1, 2012. This fine must also be paid. If an owner still has not filed for the 2011 Benchmarking Cycle, they should do so as soon as possible and before November 1, 2012 to avoid a third round of violations and fines. Fines and violations for missed quarterly deadlines for the 2011 Benchmarking Cycle will continue until the Benchmarking Report for the 2011 Cycle is filed.
It should be noted that the violation forms for failing to file Benchmarking Reports contain provisions for owners to contest their violations. Owners who meet the qualifications to contest should be sure to do so within thirty days of receipt of their violation.
It is also important for owners to note that Benchmarking is required annually. The filing deadline for the 2012 Benchmarking cycle will be in May of 2013."
About NYG Green Partners, LLC
NYG Green Partners is an energy efficiency consultant offering cost-effective strategies for buildings over 50,000 square feet, to help owners meet the requirements of the New York City Greener, Greater Buildings legislation. The company conducts feasibility studies with fast-tracked access to government subsidies in the form of grants, rebates, tax incentives and financing. With an in-house team of expert engineers, lawyers, and analysts, NYG GP implements:
Benchmarking, Energy Star Designation, LEED Certification--and exemptions from requirements of Local Law 87 and related regulations.
Energy Reduction Feasibility Studies, ASHRAE Levels 1-3 Energy Audits, Retro-Commissioning, Lighting Retrofits, Submetering, and Implementation of Energy Conservation Measures.
Strategic Integration of Your Building's Energy Reduction Programs and Compliance with Your Building's Capital Programs, Maintenance, and Operational Needs.
Successful navigation of NYSERDA funded energy audits and retro-commissioning.
The office is located in lower Manhattan and services all boroughs. For information on the GGBLs and green compliance initiatives contact George Crawford at
[email protected]