Local Law 88 (LL88) refers to a New York City law aimed at improving energy efficiency in buildings. It was enacted to address the significant impact that buildings have on energy consumption and greenhouse gas emissions in the city. Here are the key points related to Local Law 88 compliance and its purpose:
Local Law 88 Compliance
LL88 requires certain buildings in New York City to submit energy benchmarking reports and undergo periodic energy audits and retro-commissioning. These audits and retro-commissioning are meant to identify opportunities for energy efficiency improvements and ensure that building systems are functioning optimally.
- Energy Benchmarking
Under LL88, buildings must report their annual energy and water consumption data using the ENERGY STAR Portfolio Manager or an equivalent benchmarking tool. This data is used to compare the energy performance of buildings and identify those that may be candidates for energy efficiency upgrades.
- Energy Audits
Buildings covered by LL88 must undergo an energy audit, typically every ten years. These audits are conducted by qualified professionals who assess the building’s energy use, identify energy-saving opportunities, and recommend improvements.
- Retro-commissioning
Retro-commissioning involves testing, adjusting, and optimizing building systems to ensure they operate efficiently and meet the current needs of the building occupants. Buildings must conduct retro-commissioning at least once every ten years.
- Covered Buildings
LL88 applies to buildings larger than 50,000 gross square feet or buildings with two or more buildings on the same tax lot with a combined gross square footage greater than 100,000 square feet. Certain city-owned buildings are also subject to the law.
Purpose of Local Law 88
The primary objective of LL88 is to reduce energy consumption and greenhouse gas emissions from buildings, which are significant contributors to climate change and environmental degradation. By requiring energy benchmarking, energy audits, and retro-commissioning, the law aims to:
Raise Awareness
By benchmarking energy usage, building owners become more aware of their building’s energy performance and can compare it to similar buildings, driving them to take action to improve efficiency.
Identify Energy Efficiency Opportunities
The energy audits and retro-commissioning processes help identify specific areas where energy-saving improvements can be made, such as upgrading HVAC systems, lighting, insulation, and other building components.
Support City’s Climate Goals
NYC has ambitious sustainability and climate goals, including reducing greenhouse gas emissions and achieving carbon neutrality. Local Law 88 aligns with these goals by targeting one of the significant sources of emissions in the city – buildings.
By complying with Local Law 88, building owners and managers can not only contribute to a more sustainable environment but also potentially reduce operating costs and enhance the comfort and well-being of occupants. Keep in mind that regulations and laws may change over time, so I recommend verifying with the latest sources to get the most up-to-date information on LL88 compliance.
Why Was NYC Local Law 88 Enacted?
NYC Local Law 88 was enacted in December 2009 as part of the Greener Greater Buildings Plan. The law has two main requirements:
- Lighting upgrades: All non-residential buildings greater than 25,000 square feet must upgrade their lighting systems to meet current New York City Energy Conservation Code standards. This includes the installation of more efficient lighting fixtures, such as LEDs, and the use of occupancy sensors and other controls to reduce energy use when spaces are unoccupied.
- Submetering: All non-residential buildings greater than 25,000 square feet must install electrical sub-meters for each large non-residential tenant space greater than 5,000 square feet. This will allow tenants to track their own energy use and make informed decisions about how to reduce their costs.
The law was enacted for several reasons, including:
- To reduce energy consumption and greenhouse gas emissions in New York City buildings.
- To improve the energy efficiency of non-residential buildings.
- To give tenants more control over their energy use and costs.
- To provide incentives for building owners to make energy efficiency improvements.
The compliance deadline for both the lighting and sub-metering requirements is January 1, 2025.
Benefits of NYC Local Law 88
- It is estimated that the law will save New York City over 100 million kilowatt-hours of electricity annually, which will reduce greenhouse gas emissions by over 100,000 tons per year.
- The law will also save building owners and tenants money on their energy bills.
- The law will help to improve the air quality in New York City.
Overall, NYC Local Law 88 is a significant piece of legislation that will help to make New York City a more sustainable city.
Local Law 88 Penalties for Non-Compliance
The penalties for non-compliance with LL88
- Lighting upgrades: Failure to upgrade the lighting system to meet current code standards will result in a fine of $3,000 for the first year, and $5,000 for each subsequent year until the building is in compliance.
- Submetering: Failure to install sub-meters for large tenant spaces will result in a fine of $3,000 for the first year, and $5,000 for each subsequent year until the building is in compliance.
In addition to the fines, the Department of Buildings may also issue a stop-work order if a building is found to be in violation of Local Law 88. This means that the building owner will be prohibited from making any further changes to the building until the violations are corrected.
The penalties for non-compliance with Local Law 88 are significant, so it is important for building owners to take steps to ensure that their buildings are in compliance. There are a number of resources available to help building owners comply with the law, including the Department of Buildings website and the NYC Energy Efficiency Partnership.
Additional details about the penalties for non-compliance with LL 88
- The penalties are assessed per building, not per violation.
- The penalties are cumulative, meaning that if a building is out of compliance for multiple years, the fines will be assessed for each year.
- The penalties are not capped, so a building owner could potentially be fined a significant amount of money if they are out of compliance for a long period of time.
It is important to note that the penalties for non-compliance with LL88 are enforced by the Department of Buildings. If a building owner is found to be in violation of the law, the Department of Buildings will issue a notice of violation. The building owner will then have a certain amount of time to correct the violation before the penalties are assessed.
If you are a building owner and you are not sure whether your building is in compliance with Local Law 88, you should contact the Department of Buildings for more information.
How To Comply with Local Law 88?
There are a few steps that building owners can take to comply with Local Law 88:
Assess the current lighting system
The first step is to assess the current lighting system in the building to determine whether it meets the requirements of Local Law 88. This can be done by a qualified lighting engineer or electrician.
Make necessary upgrades
If the lighting system does not meet the requirements, the building owner will need to make necessary upgrades. This may include replacing old lighting fixtures with more efficient LED fixtures, installing occupancy sensors, or using other controls to reduce energy use when spaces are unoccupied.
Install sub-meters
If the building has large tenant spaces greater than 5,000 square feet, the building owner will need to install sub-meters for those spaces. This will allow tenants to track their own energy use and make informed decisions about how to reduce their costs.
File a compliance report
Once the lighting upgrades and sub-meters have been installed, the building owner will need to file a compliance report with the Department of Buildings. This report will need to include documentation of the upgrades and sub-meters, as well as a statement from a qualified lighting engineer or electrician certifying that the building is in compliance with Local Law 88.
Some additional resources that may be helpful for building owners who are seeking to comply with Local Law 88
- Department of Buildings website
The Department of Buildings website has a section dedicated to Local Law 88 that includes information about the law, compliance requirements, and resources for building owners.
- NYC Energy Efficiency Partnership
The NYC Energy Efficiency Partnership is a program that provides technical assistance and financial incentives to help building owners improve the energy efficiency of their buildings.
- Lighting Upgrade NYC
Lighting Upgrade NYC is a website that provides information about lighting upgrades and resources for building owners who are seeking to make their buildings more energy efficient.
Also Read: Local Law 87
Content Source:
- https://www.thecotocongroup.com/nyc-local-law-88/
- https://www.nyc.gov/html/gbee/html/plan/ll88.shtml