1. If a building is less than 10 years old, is it automatically exempt from both the energy audit and the retro-commissioning?
For new buildings (NBs) with a First Temporary Certificate of Occupancy that is less than ten years old at the time the building is due to comply with Local Law 87/09, owners do not need to submit an EER or a Request for Deferral.
For existing buildings that are undergoing Type 1 Alterations (Alt-1), owners must submit a Request for Deferral and proof of compliance with the NYC Energy Code (NYCECC) that was in effect at the time of application approval of the alteration. Proof of compliance must include all lesser and included permits affecting base building systems. EER1 form (Application to Defer Filing) must be submitted with substantial documentation such as completed EN1 Energy Cost Budget Worksheet, EN sheets from the plans, and input/output results of ComCheck or energy modeling, as applicable.For buildings that are undergoing Type 2 (Alt-2) and Type 3 (Alt-3) alterations, which are causing difficulty with compliance during the year in which they are due, owners should submit an extension request. Extension requests are due by October 1st. The due date for the property would then be extended by one year. Up to two extensions may be granted.
2. Is it acceptable to continue using the previous Excel based Energy Audit Data Collection Tool?
For reporting year 2018, use of the newer web-based U.S. Department of Energy’s Asset Score Audit Template was optional. The Department continued to accept the previous Excel-based Energy Audit Data Collection Tool for reporting year 2018.
Beginning with reporting year 2019, use of the newer web-based U.S. Department of Energy’s Asset Score Audit Template is required and the Department is no longer accepting the previous Excel-based Energy Audit Data Collection Tool.
The Retro-commissioning Data Collection Tool continues to be Excel-based until otherwise notified.
3. How are the Current Facility Requirements (CFR) established for a facility undergoing retro-commissioning?
It shall be the responsibility of the retro-commissioning agent to develop, document, and define the Current Facility Requirements (CFR) for the facility. The Retro-commissioning agent must consider the following to develop, document, and define the CFR:
The CFR document should include acceptable seasonal operational setpoints, adequate operating (occupied and non-occupied) schedules, satisfied load conditions under which the equipment operates, indoor environmental quality requirements and the desired equipment efficiencies of the base building systems and sub-systems.
The established CFR should be substantiated by references that may include: ASHRAE fundamentals, heating, ventilation, and air conditioning (HVAC) systems and equipment, and applications handbooks, ANSI references, Illuminating Engineering Society (IES) lighting handbooks, New York City Housing Maintenance Code (HMC), New York City Building Code (BC) and/or manufacturer’s guidelines. The CFR cannot be based on the needs of operation that may have resulted due to deficiently-performing equipment or historic operations.
4. If a building achieves LEED certification under the new LEED v4.1 for Existing Buildings Operations & Maintenance, is it exempt from retro-commissioning requirements under LL87?
Buildings that achieve LEED certification under the LEED v4.1 O+M existing buildings rating system are NOT exempt from the retro-commissioning requirements under LL87/09.
The new LEED v4.1 does not include the following designated points for Existing Building Commissioning, required for compliance with the exception in the law:
For large files, it is recommended to use the following link to create the account and upload those larger files that cannot be transmitted via email to firstname.lastname@example.org:
It is important to notify the department of the uploaded files by sending an email to email@example.com with reference number of the EER in the subject line, after you have utilized this method.
A cooperative corporation that owns multiple covered buildings located on different tax block numbers may consolidate all such energy efficiency reports into one EER, disaggregated by covered building, due no later than the year in which the last energy efficiency report would be due.
It shall be noted that both the reporting tools and the reports (energy audit and retro-commissioning) must have disaggregated information for each covered building or group of covered buildings sharing a base building system. Applicant to list all BBL#s and corresponding BIN#s for the multiple covered buildings, under the same cooperative cooperation, on “Multiple Building Reporting Form”. The owner/owner’s representative must sign and date “Owner’s Statement” section of the form. Completed form to be submitted by December 31st of the calendar year in which the earliest covered building is due to comply. Email completed form to firstname.lastname@example.org with “Multiple Buildings Report” in the subject heading.
Only an owner or owner’s representative (with permission from the owner) may inquire about a particular building by an email request to LL87@buildings.nyc.gov. A notarized letter from the building owner is required.
8. What is the scope of LL87/09 work associated with energy auditing and retro-commissioning of systems owned by tenants?
The scope of the energy audit and retro-commissioning for LL87/09 compliance is limited to base building systems only. Base building systems do not include systems or subsystems owned by tenants (other than a net lessee for a term of 49 years or more, inclusive of renewal options), condominium unit owners or cooperative unit shareholders, or a system for which a tenant bears full maintenance responsibility and that is within the tenant’s leased space and/or exclusively serves such leased space.
9. What certifications are required to be eligible to submit for LL87/09?
Please refer to the updated version of the rule located on the bottom of the LL87/09 (https://www1.nyc.gov/assets/buildings/rules/1_RCNY_103-07_prom_details_date.pdf)
Only buildings that are classified as Class 1 pursuant to subdivision 1802 of the real property tax law of the State of New York are exempt from complying with LL87/09 requirements to file an EER. Such buildings are 1, 2 or 3 family dwellings that are not condominiums or 1, 2 or 3 family condominiums of 3 stories or less. Class 1 status of any building may be verified by the tax bill issued by the Department of Finance.
Please send payments to:
NYC Department of Buildings
Sustainability Enforcement Unit 3rd Fl
New York, NY 10007
12. My building is not a new building and is over 50,000 square feet, however, does not appear on the Covered Buildings List. Why?
The Covered Buildings List is compiled by the Department of Finance. You may contact the Department of Finance at Benchmarking@finance.nyc.gov for further clarification.
13. Are violations issued for Failure to Submit an EER listed on the DOB website?
You may review violations issued for Failure to Submit an EER on the Department’s Buildings Information System.
14. How do the energy audit requirements apply to (non-residential) condominium buildings in NYC when relevant systems may be under the control of individual condominium owners vs the condominium association? Who is ultimately responsible for submitting the reports to the Department?
The condominium board is responsible. Please refer to Local Law 87/09 for definitions of “owner” and “Base Building Systems.”