NYC Energy Conservation Code
by Evan Parganos

The NYC Energy Conservation Code went into effect on July 1, 2010. The new code incorporates the existing New York State Energy Code with several “amendments,” known as Local Laws.  Highlights of each local law are summarized below.

Local Law 85

• The 50% rule (if you were renovating less than 50% of the building, new modifications didn’t have to comply with code) no longer applies. All new modifications now need to comply with NYC ECC.
• The statement of energy compliance needs to be on all drawings filed with DOB (commonly known as COMCheck and RESCheck).

Local Law 84

• Requires benchmarking of electricity and water consumption on annual basis. This is done by building owners or their representatives using online DEP database/interface.
• This applies to buildings greater than 50,000 square feet (certain city-owned buildings are exempt; others are not, based on certain criteria)
• For affected city buildings, benchmarking started 5/1/2010.
• For affected non-city buildings, benchmarking must be complete by 5/1/2011.

Local Law 87

• Energy Efficiency Reports (EER’s) are required every 10 years, beginning in 2013.
• Affected Buildings
  • Exceeding 50,000 gross square feet; or
  • Two or more buildings on the same tax lot that together exceed 100,000 gross square feet; or
  • Two or more buildings, held in condominium ownership and managed by the same board of managers, that together exceed 100,000 gross square feet.
• Exemptions
• If it meets “financial hardships” as defined in LL
• If it achieved LEED ratings between January 1, 2006, and December 28, 2009, the effective date of the legislation;
• If it meets six of the seven criteria for the definition of a “simple building.”
  1. Individual heating controls
  2. Common area lighting in compliance with NYC ECC
  3. Low flow faucets/shower heads
  4. Pipe insulation is on heating or hot fluid pipes
  5. Domestic HWH or tanks insulated to R-8 min
  6. Common area Washing machines are front loading
  7. Cool roof is in use
• If it is classified as Class 1 pursuant to Subdivision 1 of Section 1802 of the Real Property Tax Law of New York State.
• If it met certain criteria for voluntarily undergoing an energy audit and retro-commissioning prior to December 28, 2009.
• Retro commissioning
  • Required to be done before filing the EER but not more than 4 years prior.
  • Certified as completed by the preparer of the EER.

Local Law 88

• Requires lighting upgrades to Current NYC ECC standards.
• Not required for residence (R-2 and R-3) or hallways, laundry rooms, boiler room, etc.
• Not required in house of worship (A-3).
• Upgrades are required if your building is required to file the EER for LL 87.
• Lighting upgrades are being brought about mainly because of the EER and retro commissioning from other LL 87.
• Submeter tenant spaces by 1/1/2025 for electricity

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