Professional Documents
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Int. No.
A LOCAL LAW
To amend the New York city charter and the administrative code of the city of New York, in
relation to the commitment to achieve certain reductions in greenhouse gas emissions by 2050
1 Section 1. Chapter 26 of the New York city charter is amended by adding a new section
4 office of building energy performance. The office shall be headed by a director who shall report
5 to the commissioner. The duties of the office shall include, but not be limited to:
7 performance legislation and policies for existing buildings, new construction and major
8 renovations;
9 2. Creating annual building energy assessment protocols and requiring building owners to
10 submit annual building energy assessments to illustrate compliance with energy limits
14 5. Determining penalties for buildings that are noncompliant with applicable energy
15 limits;
16 6. Overseeing the review and revision of any building energy performance assessment
17 methodology, building energy limits, goals and timeframes to meet any limits or goals;
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18 7. Establishing alternative methods of compliance for building energy limits, including
19 any requests for hardship waivers, green power purchasing, trading efficiencies, credit for
20 beneficial electrification, and alternative compliance for covered buildings with rent regulated
22 8. Working with and utilizing recommendations from the advisory board established
24 (a) Establish building emissions intensity limits for individual buildings plus any
25 additional limits on the use of fossil fuels in individual buildings where applicable. Such limits
26 shall include technical, financial and implementation tools and standards of building energy
28 (b) Establish and implement a building use energy metric pursuant to paragraph 1 of
30 b. City agencies, including but not limited to the mayor’s office of long-term planning
32 preservation and development and the department of citywide administrative services shall
33 cooperate with the office as requested by the director. Such cooperation shall include, but not be
34 limited to, detailing agency staff to assist office staff consistent with agency and office functions
35 and reporting to the office on building energy performance issues and related enforcement
36 efforts.
37 § 2. Title 26 of the administrative code of the city of New York is amended by adding a
39 CHAPTER 23
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41 § 26-2301 Definitions. As used in this section:
42 Administering agency. The term “administering agency” means the office of building
43 energy performance established by section 651 of the New York city charter.
44 Building emissions. The term “building emissions” means greenhouse gas emissions as
45 expressed in metric tons of carbon dioxide equivalent emitted as a result of operating a covered
46 building and calculated in accordance with rules promulgated by the administering agency.
47 Building emissions intensity. The term “building emissions intensity” means, for a covered
48 building, the number obtained by dividing the building emissions by such building’s gross floor
49 area, expressed in metric tons of carbon dioxide equivalent per square foot per year.
50 Covered building. The term “covered building” means (i) a building that exceeds 25,000
53 Fossil fuel. The term “fossil fuel” means a fuel consumed through a combustion process
54 that is associated with the creation of a heating and/or cooling byproduct that includes, but is not
55 limited to steam, hot water, or chilled water, that is consumed on the premises of a covered
56 building.
57 Green energy source. The term “green energy source” means a source of energy that is:
58 1. A qualified energy resource, as such term is defined in section 45 of title 26 of the United
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62 Metric tons of carbon dioxide equivalent. The term “metric tons of carbon dioxide
63 equivalent” means the global standard unit in carbon accounting to quantify greenhouse gas
65 Occupancy group. The term “occupancy group” means the classification assigned to a
66 building or a space within a building in accordance with the New York city building code or the
68 Registered design professional. The term “registered design professional” has the same
71 housing accommodation with a legal regulated rent pursuant to the rent stabilization law of 1969
74 administering agency upon the effective date of this section, in January of 2029, and in January of
75 2039 to provide advice and recommendations to the administering agency pursuant to meet the
76 goals of section 26-2303. The director of the administering agency, or the designee of such
79 chairperson, 12 of the members of such advisory board shall be appointed by the mayor or the
80 mayor’s designee, and 12 of the members of such advisory board shall be appointed by the speaker
81 of the council. To the extent practicable, the advisory board shall include representatives of (i)
82 engineers; (ii) architects; (iii) building owners and managers; (iv) the construction trades; (v) the
83 energy industry; (vi) the public utilities industry; (vii) the green energy industry; (viii) residential
84 and commercial tenants; (ix) the business sector; (x) environmental advocacy organizations; (xi)
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85 environmental justice organizations; (xii) academic research institutions; and (xiii) other persons
87 b. The advisory board shall convene smaller working groups, as necessary, to issue
88 recommendations to the administering agency. Such working groups shall meet at least quarterly
89 until the completion of each report. If there is a vacancy on the working group, the vacancy shall
90 be replaced by an appointment in the same manner the position was originally filled. Such
93 including, but not limited to, the use of a different metric beginning in 2024 or change in
94 calculation of such limits based on specific building use within an occupancy group. Such report
95 may also include proposed requirements for fossil fuel reductions for buildings using a
96 disproportionate amount of fossil fuels and methods for rewarding energy savings during peak
97 energy demand periods. Such report shall include recommendations to ensure staggered
98 compliance of the energy use reductions, including but not limited to a phased timeline for
99 compliance. This report shall be submitted to the administering agency no later than December 31,
100 2019.
101 2. A report and recommendations reviewing the feasibility of methods for alternative
102 compliance, including but not limited to waivers, purchasing of green power, issuing credit for
103 beneficial electrification, and alternative compliance for covered buildings containing one or more
104 rent regulated accommodations for the purpose of maintaining affordable housing. This report
105 shall be submitted to the department no later than December 31, 2019.
106 § 26-2303 Building emissions intensity limits. a. On and after January 1, 2022 a covered
107 building shall not have a building emission intensity higher than the annual building emission
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108 intensity limit for such building as determined in accordance with this section based on the
110 1. For calendar years 2022 and 2023 the building emissions intensity limit shall be
112 (a) For occupancy groups A, E, H, U: multiply 0.008886 by the corresponding gross floor
114 (b) For occupancy groups B, I, M: multiply 0.008552 by the corresponding gross floor area
115 (sf);
116 (c) For occupancy groups F, S: multiply 0.005170 by the corresponding gross floor area
117 (sf);
118 (d) For occupancy group R: multiply 0.007010 by the corresponding gross floor area (sf);
119 and
120 (e) For buildings with spaces classified in more than one occupancy group the sum of the
121 calculated values from subparagraphs (a) through (d) of this paragraph, as applicable for each
122 space.
123 2. For calendar years 2024 through 2029 the building emissions intensity limit shall be
124 calculated as follows, or determined in consultation with the advisory board and the office of long
125 term planning and sustainability and set by rule by the department, provided that such limits shall
126 not be less restrictive than the limit for the calendar year preceding the establishment of such limits
128 (a) For occupancy groups A, E, H, U: multiply 0.004439 by the corresponding gross floor
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130 (b) For occupancy groups B, I, M: multiply 0.004850 by the corresponding gross floor area
131 (sf);
132 (c) For occupancy groups F, S: multiply 0.001374 by the corresponding gross floor area
133 (sf);
134 (d) For occupancy group R: multiply 0.004339 by the corresponding gross floor area (sf);
135 and
136 (e) For buildings with spaces classified in more than one occupancy group the sum of the
137 calculated values from sub-paragraphs (a) through (d) of this paragraph as applicable for each
138 space.
139 3. No later than January 1, 2021 the department, in consultation with the advisory board,
140 shall establish building emission intensity limits applicable for calendar years 2030 through 2039
141 and building emission intensity limits applicable for calendar years 2040 through 2049. Such limits
142 established shall not be less restrictive than the limit for the calendar year preceding the
143 establishment of such limits pursuant to this paragraph. Such limits shall be set to achieve an
144 average building emission intensity for all covered buildings of no more than 0.0014 tCO2e/sf/yr
145 by 2050.
146 4. No later than January 1, 2025 the department, in consultation with the advisory board,
147 shall establish building emissions intensity limits applicable for calendar years commencing on
148 and after January 1, 2050. Such limits shall not be less restrictive than the limits established for
149 the calendar year commencing January 1, 2049 and shall achieve an average building emissions
150 intensity for all covered buildings of no more than 0.0014 tCO2e/sf/yr.
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151 b. By May 1, 2023, and by May 1 of every year thereafter, the owner of a covered building
152 shall file with the department a report, certified by a registered design professional, that for the
154 1. In compliance with the applicable building emissions intensity limits established
156 2. Not in compliance with such applicable building emissions intensity limits and the
158 c. In 2055, the administering agency shall prepare and submit to the mayor and the speaker
159 of the council recommendations whether to continue any of the requirements of this section.
160 § 26-2304 Rules. The department may amend, adopt or promulgate any such rules,
161 regulations, fees, penalties or procedures as may be necessary to effectuate compliance with any
163 § 26-2305 Assistance. The administering agency shall establish and maintain a program
164 for assisting owners of covered buildings in complying with this section, as well as expand existing
165 programs established to assist owners in making energy efficiency improvements and purchasing
167 § 26-2306 Buildings containing rent regulated accommodations. If the report submitted
168 pursuant to subdivision b of section 26-2303 by the owner of a covered building that contains one
169 or more rent regulated accommodations indicates that such building exceeds the building
170 emissions intensity limits established by this section for the previous calendar year, within 120
171 days of the submission of such report, a minimum of 40 percent of energy used by such building
172 shall be derived from green energy sources. By May 1 of the following year and every year
173 thereafter until such building is in compliance with § 26-2303, the owner shall, in addition to the
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174 report required by § 26-2303, submit to the department a second report certifying that a minimum
175 of 40 percent of energy used by such building is derived from green energy sources. Such report
176 shall be submitted in a form and manner established by the administering agency and shall be
178 § 26-2307 Penalties. The owner of a covered building that does not meet the requirements
179 of section 26-2303 or section 26-2306, as applicable, shall be subject to a civil penalty for each
180 year until such building meets such requirements. The civil penalty for each such year shall be
182 a. An owner of a covered building that does not contain one or more rent regulated
183 accommodations who has submitted a report pursuant to section 26-2303 which indicates that such
184 building has exceeded its building emission intensity limit shall be liable for a civil penalty of not
185 more than an amount equal to the difference between the building emissions intensity limit and
186 the reported building energy use, multiplied by the building’s gross floor area, multiplied by $268
187 b. An owner of a covered building containing one or more rent regulated units who has (i)
188 submitted a report pursuant to section 26-2303 which indicates that such building has exceeded its
189 building emission intensity limit and (ii) submitted a report pursuant to section 26-2306 which
190 indicates that less than 40 percent of energy used by such building is derived from green energy
191 sources shall be liable for a civil penalty of not more than an amount equal to the difference
192 between the building emissions intensity limit and the reported building energy use, multiplied by
194 c. An owner of a covered building who does not submit a report required by section 26-
195 2303 or section 26-2306, as applicable, shall be liable for a civil penalty of not more than an
196 amount equal to the building emissions intensity limit of such building multiplied by 10, multiplied
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197 by such building’s gross floor area, multiplied by $268; provided, however, that no civil penalty
198 shall accrue for a report demonstrating compliance with the requirements of this section if such
199 report is filed within 60 days of the date such report is due.
200 d. It shall be unlawful to knowingly make a material false statement in a report or other
201 submission filed with the administering agency or the department, pursuant to this section. A
202 violation of this paragraph shall be a misdemeanor and subject to a fine of not more than $500,000
203 or imprisonment of not more than 30 days or both such fine and imprisonment. A person who
204 violates this subdivision shall also be liable for a civil penalty of not more than $500,000.
205 e. Civil penalties provided for by this section may be recovered in a proceeding before the
206 environmental control board. Administrative summonses returnable to the environmental control
207 board for violations of this section may be issued by the department or by an agency designated
209 f. Civil penalties provided for by this section may also be recovered in an action by the
211 g. The administering agency may establish by rule a schedule of fees that shall be paid
212 upon the filing of a report or an application for a variance pursuant to this section. Such schedule
213 may also include a fee for the late filing such report.
214 § 26-2307 Carbon Trading Study. The administering agency shall conduct a study on the
215 feasibility of a citywide carbon trading scheme and submit a report with the findings of such study
216 to the mayor and the speaker of the council within one year of the effective date of this section.
217 Such study shall include methods to encourage investment in environmental justice communities.
NKA/APB
10/19/2018
3:02pm
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