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Local Law 97: Emissions Law Overview

Requirements, Coverage, Reporting, Penalties, and Amendments

Local Law 97 of 2019

  • Designed to greatly reduce building operational carbon emissions toward a goal of net zero by 2050.
    • Most buildings over 25,000 square feet are required to meet new energy efficiency and greenhouse gas emissions limits as of 2024, with stricter limits coming into effect in 2030
    • The goal is to reduce the emissions produced by the city’s largest buildings 40 percent by 2030 and 80 percent by 2050.
    • Local Law 97 of 2019 was amended by Local Law 147 of 2019, and additional amendments have followed.
      • Part of Mayor Bill de Blasio’s Green New Deal

How will this change affect building owners?

  • Owners whose emissions limits have been lowered have the option of:

    1. Following either the original limits based on New York City Building Code occupancy groups

    2. The limits based on ESPM property types

Requirements and Coverage

Local Law 97 applies to buildings that:

  • Are larger than 25,000 square feet
  • Two or more buildings on the same tax lot that together exceed 50,000 square feet
  • Two or more buildings owned by a condo association that together exceed 50,000 square feet

Key requirements include:

  • Annual emissions reporting starting May 1, 2025
  • Meeting specific emissions limits based on building type and square footage
  • Installing building energy management systems
  • Maintaining detailed records of energy consumption

Penalties and Fines

Non-compliance can result in significant penalties:

  • $268 per metric ton of emissions exceeding the building's limit
  • Additional fines for failure to submit reports ($0.50 per square foot per month)
  • Penalties for submitting false reports can reach up to $500,000

 

Local Law 147 of 2019 (amends 97)

  • Amendment:
    • Allows a building to get an adjustment to its emissions limit for the years 2024-2029
    • The adjustment will be 70% of the building’s 2018 emissions.
  • To qualify for this adjustment:
    • The building's emissions in 2018 must exceed the 2024 emissions limit by more than 40%.
    • The excess emissions must be due to a special circumstance related to the building's use
  • Purpose:
    • Gives more flexibility and additional time for buildings to meet emissions limits if they meet specific criteria
  • Deadline:
    • Buildings seeking this adjustment must submit their application by January 1, 2025.