What is NYC Local Law 97?
LL97 is a 2019 NYC law (part of the Climate Mobilization Act) that sets greenhouse gas emissions limits on most buildings over 25,000 square feet, starting in 2024 with stricter limits in 2030, with the goal of reducing building emissions 40% by 2030 and reaching net-zero by 2050.
Which buildings are required to comply with LL97?
LL97 generally covers any building over 25,000 gross square feet, as well as two or more buildings on the same tax lot, or two or more condominium buildings governed by the same board of managers, that together exceed 50,000 gross square feet — square footage is based on NYC Department of Finance (DOF) records. You can look up your property on the DOB's Covered Buildings List to confirm.
When do I need to comply with LL97?
The first compliance period began January 1, 2024 and runs through 2029, with increasingly stringent limits in the 2030–2034 and 2035–2049 periods, and most owners must file an annual emissions report by May 1 covering the prior calendar year, with a grace period through June 30 before late penalties apply.
What do I need to do to be in compliance with LL97?
You'll need to calculate your building's annual greenhouse gas emissions, keep them under your assigned limit, and submit an annual report through the DOB's BEAM portal certified by a Registered Design Professional (such as a licensed engineer or registered architect), pay the LL97 filing fee, and share your building's energy data through Energy Star Portfolio Manager. If your emissions are over the limit, you'll need to invest in efficiency upgrades, electrification, onsite renewables, or eligible offsets to bring them down.
What are the penalties for failure to comply with LL97?
Buildings that exceed their emissions limit face fines of $268 per metric ton of CO above the allowed limit, and failure to file a report triggers a $0.50 per square foot penalty for each month past the May 1 deadline (after the June 30 grace period), while falsifying data can result in penalties of $500,000 or more. Since penalty amounts and deadlines have been adjusted several times through DOB rulemaking, check the DOB's LL97 page frequently.
What's the difference between Article 320 and Article 321, and which one applies to my building?
LL97 has two compliance pathways: Article 320 covers most private buildings and sets specific carbon emissions limits, while Article 321 is a simpler prescriptive pathway available to certain buildings — including those with more than 35% rent-regulated units, Housing Development Fund Corporation (HDFC) co-ops, buildings participating in a federal project-based housing program, NYCHA PACT buildings, and places of worship — that lets owners comply by completing a defined list of energy conservation measures (like lighting and pipe insulation upgrades) instead of hitting a carbon cap.
What incentives or financial help is available to comply with LL97?
NYC and New York State offer significant support, including low-interest loans and financing from NYCEEC, plus incentive programs from NYSERDA, and utility rebates from Con Edison and National Grid for qualifying HVAC, electrification, and efficiency upgrades. Bright Energy Services works with these agencies to help buildings comply with the laws in the most cost effective way.
What is NYC Local Law 88?
Local law 88 of 2009 (LL88), as amended by Local Laws 132 and 134 of 2016, requires certain building owners to upgrade lighting systems and install electrical sub-meters in tenant spaces.
Which buildings need to comply with LL88?
A building that exceeds 25,000 gross square feet; Two or more buildings on the same tax lot that together exceed 100,000 gross square feet; or Two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet.
What types of buildings are exempt from LL88?
Single to three family homes.
Garden-style apartments.
Are landmarked buildings exempt?
Landmarked buildings must comply with LL88 if they meet the definition of a covered building under the law.
Are residential/multifamily buildings required to comply?
Yes, residential/multifamily buildings are subject to LL88 if they meet the definition of a covered building.
What does the law require to submit for compliance?
The law requires a report from a registered design professional (architect or engineer), licensed master electrician, or licensed special electrician. This report must certify that:
- The entire building’s lighting system has been inspected.
- Lighting upgrades have been implemented in accordance with the law.
- Sub-meters have been installed in all covered tenant spaces.
- It also requires the submission of a sample monthly energy statement as proof of sub-metering.
Does my building require a lighting upgrade?
Local Law 88 requires that lighting systems meet the current New York City Energy Conservation Code, which may require upgrades to LED lighting, or the installation of controls such as daylighting, occupancy, or vacancy controls. No lighting upgrade is required for:
- Lighting systems installed on or after July 1, 2010 that are code-compliant at the time of installation.
- Lighting systems in dwelling units, or space serving such dwelling units, in occupancy groups R-2 or R-3.
- Lighting systems within occupancy group A-3 that is within a house of worship.
Is my building required to install submeters?
One of LL88’s core requirements is that large buildings must install electrical submeters in “covered tenant spaces” so that tenants can see, and be billed for, exactly how much electricity they actually use. The logic is straightforward: when people see their real usage, they tend to waste less. Owners of buildings over 25,000 gross square feet must attest that electrical sub meters have been installed for all covered tenant spaces in accordance with the law.
So, what is a “covered tenant space”?
Any building in NYC that exceeds 25,000 gross square feet and:
Has 5,000 gross square feet or more on one or more floors rented to the same person or,
Has a floor larger than 5,000 gross square feet consisting of tenant spaces rented to different people
Each of those tenants must also receive amonthly statementshowing their electricity consumption to be compliant with the law.
Submeter Installation Exceptions
No sub-meter installation is required for dwelling units.
No sub-meter installation is required for a covered tenant space where the electrical consumption for that space is measured by a meter dedicated exclusively to that space.
If there are no covered tenant spaces in the building, you must still file and attest that there are no covered tenant spaces in the building.
Does my building still need to file a report if there are no covered tenant spaces or if there are covered tenant spaces that are already sub-metered?
Yes, a submission is still required and a registered design professional, licensed master electrician, or licensed special electrician must attest that the property is in compliance with LL88.
What are the penalties for failure to complete lighting upgrades?
Failure to file a lighting upgrade report will incur a fine of $1,500. Such penalty will be assessed annually until the compliance report is filed.
What are the penalties for failure to report sub-metering of tenant spaces?
Failure to file a submeter installation report will incur a fine of $1,500 plus $500 for each covered space, and will be assessed annually until such report is filed.
