Local Law 87 Compliance
Local Law 87 (LL87) mandates that buildings over 50,000 gross square feet undergo periodic energy audit and retro-commissioning measures, as part of the Greener, Greater Buildings Plan (GGBP). The intent of this law is to inform building owners of their energy consumption through energy audits, which are surveys and analyses of energy use, and retro-commissioning, the process of ensuring correct equipment installation and performance.
In addition to benchmarking annual energy and water consumption, energy audits and retro-commissioning will give building owners a much more robust understanding of their buildings’ performance, eventually shifting the market towards increasingly efficient, high-performing buildings.
In summary, LL87’s energy audit and retro-commissioning process requires the following:
- Determine if a building needs to comply, and what year it is due.
- Conduct an energy audit and retro-commissioning of base building systems and complete an Energy Efficiency Report (EER) electronically.
- Submit the EER once every ten years to the City by December 31.
How to Comply
In order to achieve LL87 Compliance, owners of covered buildings as designated by the Covered Buildings List must submit their Energy Efficiency Reports (EER) to the City by December 31 of the year they are due, once every ten years.
EER is due
|Last digit of
tax block number
Information used from http://www.nyc.gov/html/gbee/html/plan/ll87.shtml
If the LL87 Deadline is not met by December 31st, a Major Class 2 violation will be issued which may result in a penalty of $3000 the first year and $5000 for each additional year after. Violations may be challenged via the EER Violation Challenge form seen below.
Typically, the DOB will only dismiss violations for properties they deem to have a legitimate reason (property transfer, square foot dispute, change in ownership, etc). Essentially, the Department of Buildings puts full responsibility on the owners to have this filed in a sufficient time frame, and asking for forgiveness will usually lead to the following response:
“Building owners are notified on their property tax bill three years prior and one year prior to being due for Local Law 87/09. The Department of Buildings also sent a reminder
Property owners who have received a violation for failing to submit an EER and who believe that their building does not meet the criteria to comply may email the Department of Finance at firstname.lastname@example.org or email@example.com to request an update in their records or for further clarification.
Owners needing to resolve a violation can do so by mailing payment to the NYC DOB. Violation disputes can be addressed at LL87@buildings.nyc.gov.
LL87 Compliance Steps
Yadav Solutions, Inc has performed over 800 successful compliance submissions for our clients. Our clients include Cushman and Wakefield, Douglas Elliman, Macy's, Newmark Knight Frank, and Olmstead Properties. We've worked with a wide range of building owners from small mom-and-pop companies, to large commercial buildings including hotels and hospitals.
What is an Energy Audit Composed of?
- Utility data analysis (24 consecutive months)
- Staff interviews to determine occupancy patterns and comprehension of systems
- Identification and Analysis of HVAC-R Systems, Electrical, Envelope
- Measure / Test equipment and sensors to observe responses
- Data Logging on key pieces of HVAC equipment (AHU fans, distribution pumps, etc)
- Identification of ECM (energy conservation measures) for increased efficiency opportunities
- Energy Savings Calculations - Either Energy model or Spreadsheet
- Cost estimation / Financial calculations
- Report writing and presentation of information
Our services for Local Law 87 are as follows. These are also the minimum services needed to comply with the law in case anyone gives you a proposal with either more or less than what is needed:
- Request Benchmarking Data and Utility Bills. Discuss any important aspects of the building with client.
- Comprehensive ASHRAE Level II On-Site Energy Study.
- Retro-commissioning and Testing of all HVAC and building systems.
- Instruct client as to any work to be done (Work is not always needed).
- Receive proof of completion for Retro-commissioning measures (invoices, receipts, photos, etc). Return to the site to verify completion.
- Report Generation/Calculations/Creation of MS Word Documents.
- Complete Asset Score Tool (online portal submitted to DOB)
- Complete RCx Tool (Excel Sheet template provided by DOB).
- File EERC1 & EERC2 and Stamp. Have client sign.
- Submit all documents to the city and conduct a final review before submission.
- Receive confirmation letter for passing initial review.
- Receive and remit payment stub for filing fee ($375.00) to DOB.
- Wait for a response from DOB (Up to 6-10 months later) for comprehensive review.
- About 5% or less of a highly qualified design firm’s submissions will be pulled.
- About 20% or more of a sub-par firm’s submissions will be pulled.
- Yadav Solutions 2017 comprehensive submissions pulled percentage – 75/2*100 = 2.67%
Our talented staff of engineering professionals carry credentials such as CEM – Certified Energy manager (AEE), CBCP – Certified Building commissioning professional (AEE), CDSM – Certified Demand side manager (AEE), BPI-MFBA – Building performance institutes multifamily building analyst (BPI), PE – Professional Engineer (NYS), DCEP – Data Center Energy Practitioner (Lawrence Berkley NL).
Call us today for a free consultation!
Energy Benchmarking (LL84/LL33)
The NYC Benchmarking Local Law 84 requires owners of buildings 50,000 square feet and up to annually measure their energy and water consumption in a process called benchmarking. Local Law 33 (LL33) amended the Administrative Code of the City of New York by expanding the list of buildings required to benchmark to include all NYC buildings 25,000 square feet and up.
The law requires users to enter their annual energy and water use in the online tool Portfolio Manager and use the tool to submit data to the City. The data given shows energy and water consumption compared to similar buildings and tracks annual progress.
Benchmarking data is also disclosed publicly used in various reports and resources.
Building owners are subject to LL84 Penalties if usage data is not submitted by May 1st of every year. The below chart illustrates the various LL84 Penalties that are issued out quarterly.
|February 1 (of the following year)||$500|
|Total Annual Penalty for Non-Compliance||$2,000.00|
The annual benchmarking process consists of the following steps:
- Check the Covered Buildings List for your property every year.
- Set up an account in ENERGY STAR Portfolio Manager if you do not have one.
- Enter or review building characteristics and uses.
- Collect whole building energy data from utilities (Common areas and Tenant aggregated data).
- Record your energy and water usage in Portfolio Manager.
- Confirm and enter BBL and BIN information.
- Check your data for errors and completeness ensuring that all required metrics have populated.
- Submit usage data to the City by May 1st through Portfolio Manager.
Local Law 97NYC Local Law 97 of 2019 (Bill 1253) Carbon Reduction for New York City Building energy and emissions performance – a requirement to retrofit for existing buildings.
In April of 2019, The NYC Urben Green Council passed one of the most ambitious and innovative legislative packages ever considered by any major city to combat the increasing threat of climate change, which focuses on reducing and eliminating carbon and Green House Gas emissions.
Our team is trained to identify measures related to excessive energy loss, equipment functionality, and safety concerns that can ultimately increase your bottom line and save on high fuel bills.
Furthermore, these types of energy efficiency upgrades will help you comply with the recently adopted Local Law 97. This law mandates that buildings with high GHG Emissions implement energy savings measures to reduce their energy usage. This is a highly aggressive energy savings law like no other seen before, and it has strict requirements for buildings to retrofit their existing equipment in order to scale back on energy use.
"New York City’s building emissions law, Local Law 97 of 2019, is arguably the largest disruption of the NYC real estate industry. In order to meet the challenges ahead, we must do retrofits differently, and at scale. New technologies and new business models will be needed, and labor and professional services must significantly ramp up."
"The new law places buildings on path to meet the city’s goal to reduce overall carbon emissions 80 percent by 2050. Buildings represent nearly 70 percent of those emissions."
"Our research found that retrofitting steam systems in New York City buildings larger than 5,000 square feet would cut that sector’s carbon emissions by 26 percent."
Common upgrade options for increased energy efficiency include upgrading to TRV’s for steam system, and LED upgrades. Incentives for these upgrades are available through ConEdison/NYSERDA and our firm can assist with these incentives if desired.
Lastly, our team of engineers are experts in identifying the below-mentioned items, which were taken directly for the LL97 Law.
§ 28-321.2.2 Prescriptive energy conservation measures.By December 31, 2024, the owner of acovered building shall ensure that the following energy conservation measures have been implemented where applicable:
- Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements
- Repairing all heating system leaks
- Maintaining the heating system, including but not limited to ensuring that system component parts are clean and in good operating condition
- Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators
- Insulating all pipes for heating and/or hot water
- Insulating the steam system condensate tank or water tank
- Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points
- Replacing or repairing all steam traps such that all are in working order
- Installing or upgrading steam system master venting at the ends of mains, large horizontal pipes, and tops of risers, vertical pipes branching off a main
- Upgrading lighting to comply with the standards for new systems set forth in section 805 of the New York city energy conservation code and/or applicable standards referenced in such energy code on or prior to December 31, 2024. This provision is subject to exception1 in section 28-310.3, provided that July 1, 2010 is replaced by January 1, 2020 for the purposes of this section
- Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation
- Installing timers on exhaust fans
When conducting an LL97 audit, our final deliverables include a list of ECM Measures (related to methods for increased energy efficiency for short-term and long-term payback options) and RCx Measures (related to excessive energy loss, safety concerns, and functionality of equipment) being delivered to the client. Yadav Solutions, Inc. will also be happy to discuss these measures further with the client to elaborate on their recommendations, implementation options, and potential rebate savings.
Local Law 33
LL33 is now the third amendment to the longstanding Local Law 84 requirement to benchmarking energy data.
The new amendment will require building owners to post an energy score grade on the outside of their buildings within 30 days of receiving their score starting in 2020, which is based on the scale below. The grade will, of course, be reflective of energy consumption for the previous calendar year.
Scores will be made available by 10/1 in the DOB NOW portal. Scores will be required to be posted before 10/31. A fine in the amount of $1,250 will be issued yearly for any buildings that fail to post their score.
As per Local Law 95 of 2019 grades based on Energy Star energy efficiency scores will be assigned as follows:
- score is equal to or greater than 85;
- score is equal to or greater than 70 but less than 85;
- score is equal to or greater than 55 but less than 70;
- score is less than 55;
- for buildings that didn’t submit required benchmarking information;
- for buildings exempted from benchmarking or not covered by the Energy Star program.
The energy label will include both a letter grade and the building’s energy efficiency score.
The law also indicates that audits will be taking place to ensure that appropriate information is entered and shall involve an appropriate sample size of buildings as determined by the department.
LL33 ties in directly with other energy conservation requirements to ultimately make NYC a greener city such as LL88 (a requirement to upgrade common areas to LEDs by 2025) and LL97.
ASHRAE Audit Level III Components
- Conduct PEA
- Conduct walk-through survey
- Identify low-cost/no-cost recommendations
- Identify capital improvements
- Review mechanical and electrical (M&E) design and condition and O&M practices
- Measure key parameters
- Analyze capital measures (savings and costs, including interactions)
- Meet with owner/operators to review recommendations
- Conduct additional testing/monitoring
- Perform detailed system modeling
- Provide schematic layouts for recommendations
- Estimate savings from utility rate change
- Compare EUI to EUIs of similar sites
- Summarize utility data
- Estimate savings is EUI were to meet target
- Estimate low-cost/no-cost savings
- Calculate detailed end-use breakdown
- Estimate capital project costs and savings
- Complete building description and equipment inventory
- Document general description of considered measures
- Recommend measurement and verification (M&V) method
- Perform financial analysis of recommended EEMs
- Write detailed description of recommended measures
- Compile detailed EEM cost estimates – Contractor estimates
- Detailed scope of work
- Mechanical Design
- Contractor walkthrough
- Bid selection
- Project commencement
- Construction milestone management
- Develop commissioning plan
- Startup and testing
- Commissioning completion
- Data logging device deployment
- Logger/monitoring milestone timeline
- Data logger retrieval
- Verification analysis
- Utility analysis comparison
- Light meter
- Temperature humidity gauge
- Combustion analyzer
- Data loggers – temperature/humidity
- Data loggers – light readings (on/off)
- Data loggers – air handler fans
- Data loggers – boiler efficiency monitoring
- Water systems – ultrasonic flow meter
- Air systems – hot wire anemometer for duct traversing
- Large voltage/amperage ammeter
- Rotational tachometer
- Flash drive for BMS system data