The requirements of LL86 can apply to work in projects where construction is managed through city agencies as well as to projects where construction is managed through non-city entities, such as cultural organizations, state agencies, and private developers. The trigger for LL86 is city funding: in order to be subject to any of the law's requirements the project must receive $10 million or more in city funds, or, in cases where a project will receive less than $10 million of city funding, the city funding contribution must be greater than or equal to 50% of the project cost. With the exception of work in buildings or spaces with dominant occupancies of residential, high hazard, industrial, or outdoor assembly and equipment, work in buildings and spaces of all occupancy groups are covered by the law. For work that occurs in buildings or spaces in covered occupancies, the law’s requirements fall into the four basic categories summarized below.
First, the law requires that work that involves any combination of a new building, an addition to an existing building, or substantial reconstruction of an existing building in a covered occupancy with construction costs of $2 million or more must achieve a minimum LEED rating level using one of the version 3 LEED® 2009 green building rating systems developed by the USGBC. A minimum LEED® Certified rating level is required for work in health and educational occupancies and a minimum LEED® Silver rating level is required for work in buildings or spaces of all other covered occupancies.
Second, the provisions require that work that is subject to the LEED® rating level requirement with construction costs of $12 million or more must also reduce energy costs by a minimum of 20 to 30% below those incurred by following the minimum requirements of the NYS energy code. Whether the minimum energy cost reduction is 20%, 25%, or 30% depends on construction cost of the work, occupancy type or the building or space involved, and the simple payback of energy efficiency measures that are feasible for the project.
Third, for projects with work that is not subject to the LEED® rating level requirement but that still includes the installation or upgrade of certain types of HVAC and lighting systems, a minimum 5 to 10% energy cost reduction is required below the energy costs that would be incurred by following the minimum requirements of the NYS energy code. Boiler upgrade or replacement work with construction costs of $2 million or more and lighting system work with construction costs of $1 million or more in buildings or spaces within a covered occupancy must reduce energy cost by a minimum of 10%. HVAC comfort control work with construction costs of $2 million or more in buildings or spaces within a covered occupancy must reduce energy cost by a minimum of 5%.
Fourth, a minimum 30% potable water use reduction below the standards of the U.S. Environmental Protection Agency Energy Policy Act of 1992 (EPAct 1992) is required for domestic plumbing replacement and upgrade work with construction costs of $0.5 million or more in a building or space within a covered occupancy, whether or not such work is also subject to LEED® rating level requirements or energy cost reduction requirements for specific systems.
Several tools have been developed to further clarify and detail the provisions and procedures of LL86. These include the following: