In the last two months, I have written articles containing basic summaries about New York City’s new Local Law 97, a rule to address Climate Change targeted to existing buildings in NYC with specific greenhouse gas (GHG) emission limits, which is defined by the building’s (and the tenant’s) energy usage. The rule defines 10 different types of buildings (permanent – housing – and temporary – hotels – housing, office, retail, industrial, entertainment, etc.) each with its own GHG emission intensity limit (grams of CO2e per square foot). What is unique about this rule is that the fines for not submitting an annual compliance report and for exceeding one’s limit are very high. Potentially high 6 to low 7 figure annual fines!
The rule goes into effect in 2024; the first annual report is due by May 1, 2025. Fines to follow. That seems like a long way away. But if your building needs to make major changes to meet your limit or to lessen the exceedance and fine, then you may need all of these 4½ years to plan, design, and implement the needed changes. So the first – and perhaps the most important – piece of advice is to start NOW to see where your building stands in 2024 when it comes to LL 97. You may be surprised. In unveiling the rule, NYC emphasized they believed that 80% of existing buildings would comply with their limit based on 2016 benchmarking energy submittals. “Only” 20% of existing buildings would need to upgrade. But that is a little deceptive. Energy usage has been growing tremendously recently as businesses grow and demand for technologies – in most cases – that are energy-intensive to serve customers grows, too. Many of those buildings complying with LL 97 based on 2016 energy usage may get complacent and then learn that energy usage has risen in the intervening years due to many factors, including business growth. One must self-assess and be prepared and vigilant NOW!
LL 97 covers not only landlord-responsible functions (common lighting, elevators, space heating, etc.) but also tenant-responsible energy usage (their lighting, plug load, window AC units, etc.). If you are a landlord, this is the time to reach out to your tenants and get an understanding of total energy usage. NYSERDA’s Commercial Tenant Program is an incentive program providing free energy audits for leased office spaces. 4½ years may be necessary to understand your tenants’ energy needs and work together to manage it better. There has been concern that landlords, concerned with LL 97 compliance, may not renew leases of certain tenants that are high energy users (data centers, 24/7 operations) and encourage new tenants which use less energy to move in.
Once you have assessed your total energy usage and understand who is responsible for what usage and for what functions, you can assess whether you are currently in compliance with LL 97 and project the status in 2024. If your building is likely to exceed their greenhouse gas emission limit in 2024, the energy assessment provides the data to intelligently determine strategies to either comply or minimize the exceedance or fine.
The energy assessment can accurately tell you by how much you exceed the standard and can determine exact energy (and greenhouse gas) reductions to get you down to your limit. Then you can determine which combination of potential energy upgrades is sufficient to meet your LL 97 requirements, taking into consideration cost and side benefits, as well. You have time to plan it out and bring in the right experts to do the job.
Besides reducing your actual credited greenhouse gas emissions by reducing energy usage, LL 97 gives you two other ways to reduce your credited annual greenhouse gas emissions: purchasing renewable energy credits (RECs) and/or emission offsets. RECs are credits one obtains for implementing renewable energy, such as solar or wind project. A deduction from one’s annual building emissions equal to the number of RECs purchased by a building owner as long as the source of the renewable energy credits is considered by NYISO to be a capacity resource located in or directly deliverable into zone J load zone (NYC) for the same reporting calendar year; RECs are solely owned and will not be reused (re-sold) by the building owner, the building that hosts the renewable energy system does not receive a deduction under § 28-320.6.3. Information proving these items must be submitted to the Dept of Buildings with the application.
Emission offsets is procuring greenhouse gas emission credits that are certified by an appropriate board. Such offsets are provided to those who have reduced GHG emissions for an amount beyond that required by regulation. For calendar years 2024-2029, deductions for certified GHG emission offsets will be allowed for up to 10% of the annual building’s emissions limit. The deduction is only allowed for credits generated within the reporting calendar year, publicly registered, and retired (not to be re-sold).
LL 97 also allows a deduction from the reported annual building GHG emissions based on the calculated output of a clean distributed energy resource located at, on, in, or directly connected to the building subject to the report. LL 97 is allowing this portion to be amended based on future research and development.
Again, to summarize, 2024 seems like it’s far away, but given how comprehensive and how onerous LL 97 will be, with huge fines for non-compliance, the time to start evaluating where you stand vis-à-vis this rule is NOW!
CCES has the experts and knowledge of LL 97 to perform that early assessment of whether your building meets your 2024 GHG emission limit or not. If you comply now, we can advise you how to prevent energy creep to better ensure compliance in 2024. If you do not currently comply, we can advise you on cost-effective steps to comply on time and we can manage implementation to ensure you get the reductions in emissions you need. This is an onerous rule and with potential major upgrades needed to avoid high fines, 2024 is not that far away! Contact us today at 914-584-6720 or at karell@ CCESworld.com.