New York Local Law 97 is legislation that forms part of the existing energy laws, is monitored for compliance by the Department of Building (DOB). The bill applies to buildings 25,000 square feet and larger, or to two or more buildings on the same tax lot together exceeding 50,000 square feet. Excluded from the bill are houses of worship, buildings with one or more rent-regulated units, and other forms of affordable housing. 

3.9.1. Scheduling

Local Law 97 sets greenhouse gas emissions limits for the years 2024 to 2029 and 2030 to 2034. The law establishes targets for carbon-emissions intensity per square foot for buildings based on occupancy class.   

Rent regulated multifamily buildings with at least one rent stabilized apartment will be required to implement a prescriptive list of upgrades by 2024.  

An individual performing or supervising work necessary to conduct the analysis must be: 

  • a registered architect or licensed professional engineer in New York State with appropriate audit or retro-commissioning qualifications, or 
  • a DOB registered energy auditor or retro-commissioning agent with approved training 

3.9.2. Filing

While Local Law 97 establishes guidelines for limiting New York City’s building emissions, many of the specifics have yet to be ironed out.  In addition, the emissions limits are subject to change and lack specific guidelines for 2035 onwards. 

Starting in 2024, buildings will be fined on an annual basis for carbon footprint that exceeds their targets. According to the statute, building owners whose properties exceed the emissions limit are subjected to 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.