Article 321: Energy Conservation Requirements for Certain Buildings

Article 321: Energy Conservation Measure Requirements for Certain Buildings

• 28-321.1 Definitions.

As used in this article, the following terms shall have the following meanings:

COVERED BUILDING. The term "covered building" means a building that is

(i) a rent regulated accommodation,

(ii) a building whose main use or dominant occupancy is classified as occupancy group A-3 religious house of worship,

(iii) owned by a housing development fund company organized pursuant to the business corporation law and article 11 of the New York state private housing finance law, or

(iv) a building that participates in a project-based federal housing program and, as it appears in the records of the department of finance, such building

(i) exceeds 25,000 (2322.5 m 2 ) gross square feet, or

(ii) is one of two or more buildings on the same tax lot that together exceed 50,000 gross square feet (4645 m 2 ), or

(iii) is one of two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 50,000 gross square feet (4645 m 2 ).

Exceptions:

1. 1. Real property, not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than 25,000 gross square feet (2322.5 m 2 ), as certified by a registered design professional to the department.
   2. An industrial facility primarily used for the generation of electric power or steam.

RENT REGULATED ACCOMMODATION. The term "rent regulated accommodation" means a building in which more than 35% of dwelling units are required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2020/116, 11/17/2020, eff. 11/17/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

28-321.2 Required energy conservation measures for certain buildings.

A covered building must comply with either section 28-321.2.1 or section 28-321.2.2.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)

28-321.2.1 Energy compliant buildings.

The owner of a covered building shall demonstrate that, for calendar year 2024, the annual building emissions of such covered building did not exceed what the applicable annual building emissions limit would be pursuant to section 28-320.3.2 if such building were a covered building as defined in article 320 of this chapter.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)

28-321.2.2 Prescriptive energy conservation measures.

By December 31, 2024, the owner of a covered building shall ensure that the following energy conservation measures have been implemented where applicable:

1. Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements;
2. Repairing all heating system leaks;
3. Maintaining the heating system, including but not limited to ensuring that system component parts are clean and in good operating condition;
4. Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators;
5. Insulating all pipes for heating and/or hot water;
6. Insulating the steam system condensate tank or water tank;
7. Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points;
8. Replacing or repairing all steam traps such that all are in working order;
9. 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;
10. Upgrading lighting to comply with the standards for new systems set forth in section C405 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 exception 1 in section 28-310.3;
11. Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation;
12. Installing timers on exhaust fans; and
13. Installing radiant barriers behind all radiators.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

28-321.3 Reports.

By May 1, 2025, an owner of a covered building shall submit a report to the department to demonstrate compliance with this section in accordance with section 28-321.3.1 or section 28-321.3.2.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)

28-321.3.1 Energy compliant buildings reports.

The owner of a covered building shall file with the department a report, certified by a registered design professional, prepared in a form and manner and containing such information as specified in rules of the department, that for calendar year 2024 such building was in compliance with the applicable building emissions limit established pursuant to section 28-320.3.2.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)

28-321.3.2 Prescriptive energy conservation measures reports.

A retro-commissioning agent, as defined in article 308, shall prepare and certify a report in a form and manner determined by the department. The report shall include such information relating to the completion of the prescriptive energy conservation measures as shall be set forth in the rules of the department including, at a minimum:

1. Project and team information:
   1. Building address.
   2. Experience and certification of persons performing the prescriptive energy conservation measures and any staff involved in the project.
   3. Name, affiliation, and contact information for persons performing the prescriptive energy conservation measures, owner of building, and facility manager of building.
2. Building information:
   1. List of all HVAC, domestic hot water, electrical equipment, lighting, and conveyance equipment types serving the covered building.

(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)