Climate Mobilization Act
Carbon Emissions Caps and Energy Performance Requirements – Buildings over 25,000 sq.ft.
The New York City Council overwhelmingly passed the Climate Mobilization Act in April 2019. There are eleven pieces of legislation that are part of the Act, but the centerpiece of this legislation is Local Law 97, which sets a carbon emissions limit for NYC buildings greater than 25,000 square feet —placing requirements and also presenting opportunities for NYC’s building owners.
Climate change is primarily driven by greenhouse gas (GHG) emissions. New York City’s climate change goal “80 x 50” is to reduce our carbon emissions 80% by 2050. NYC Local Law 97 requires large and medium-sized buildings, which account for nearly a third of all greenhouse gas emissions in the city, to significantly reduce their emissions.
Before 2030, buildings with more than 25,000 sq. ft. need to reduce their carbon emissions by 40%, and 80% by 2050. The City will enforce significant annual fines starting in 2024. These fines will increase every five years until the goals are reached. The very worst performing buildings will have to act by 2024 to curb their emissions. But all buildings greater than 25,000 sq. ft. should have a carbon reduction plan in place by 2024.
LL97 Carbon Emission Limits are More Stringent Every 5 Years
The centerpiece of this new legislation is Local Law 97, which sets a carbon emissions limit with annual non-compliance penalties for NYC buildings greater than 25,000 square feet — placing requirements and presenting opportunities for NYC’s building owners.
- LL92/19 – requires that roofs of certain small buildings have green roof and solar PV
- LL93/19 – requires posting information regarding green roofs on DOB’s website
- LL94/19– requires that roofs of certain large buildings have green roof and solar PV
- LL95/19– Energy Efficiency Letter Grades. Amends LL33/18 to include buildings greater than 25,000 sq ft. See LL33/18 below.
- LL96/19– establishes a Property Assessed Clean Energy (PACE) loan program (probably not available to condominiums)
- LL96/19 FAQ
- LL97/19 – Building Energy and Carbon Emissions Limits (i.e. annual financial penalties)
- LL97/19 – LL147/19 Technical Amendment
- LL97/19 – LL116/20 Amends LL147/19 “rent regulated accommodation” to buildings with more than 35% of dwelling units rent regulated. It also allows buildings with at least one rent regulated dwelling unit to delay LL97 compliance until 2026.
- LL97 Rule Adopted January 19, 2023
- LL97/19 is in the NYC Administrative Code, with all amendments included, as Article 320 and Article 321.
LL33/18 New Energy Efficiency Grade Legislation (amended by LL95/19)
- LL33/18 Benchmarking Energy and Water Use and Disclosure of Energy Efficiency Scores and Grades. The new Energy Efficiency Grade is determined by a building’s Energy Star score, which is generated by the annual LL84/09 Benchmarking
The building grade must be displayed in a conspicuous location in a public entrance of the building within 30 days of October 1, 2020. Failure to do so will result in an annual fine of $1,250. The Energy Efficiency Grade Posting is available for download from the NYC Department of Buildings DOB NOW Public Portal.