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?
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Owners whose emissions limits have been lowered have the option of:
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Following either the original limits based on New York City Building Code occupancy groups
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The limits based on ESPM property types
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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.