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Energy Audits and Retro-Commissioning
An Energy Audit is a survey and analysis of energy use in a building with the purpose of identifying opportunities to reduce the amount of energy consumed without negatively affecting the operations. Retro-commissioning is the process of ensuring that the energy systems in an existing building are installed as per the design intentions, functionally tested, and capable of being operated and maintained, according to the owner’s operational needs.
Requirements
Applicable commercial, mixed-use and residential buildings must submit an Energy Efficiency Report (EER) once every ten years. Owners are obligated to submit their EER in the calendar year in which the last digit of the year coincides with the last digit of the building’s tax block number.
Energy Efficiency Report Submission
Energy Efficiency Reports may now be submitted. Please consult the Service Notice for details. Submittals should be sent to LL87@buildings.nyc.gov.
Local Law 87 of 2009 Updates
Below are the reporting tools for Energy Efficiency Reports
Energy Audit Template Tool:
U.S. Department of Energy’s Asset Score Audit Template
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Select Audit Template once logged in
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On the right of your screen, Select Audit Report and NYC Energy Efficiency Report
The NYC Department of Buildings (DOB) will now be utilizing this U.S. Department of Energy’s Asset Score Audit Template as the Energy Audit Data Collection Tool for LL87/09 energy audit reporting requirements.
To access the audit template, please follow the following four steps:
The Quick Start Guide is a resource available to help users understand the process of using and submitting the Audit Template.
Retro-Commissioning Reporting Tool
Note: The Excel based Retro-Commissioning Tool (above) must be submitted for buildings submitting in 2020 and onward.
(If the Department has granted permission to submit in 2020 or onward using the previous 2012 Rule, submit the older version of the Retro-Commissioning Tool which may be requested by sending an email to LL87@buildings.nyc.gov).
Violations
Failure to submit an EER is a Major (Class 2) violation which may result in a penalty of $3000 in the first year and $5000 for each additional year until the EER is submitted to the department. The Department will not accept any outstanding EER submission if outstanding penalties are not paid in full.
Local Law 87 of 2009: Violations for Non-Compliance
Local Law 87 of 2009 requires owners of applicable, mixed-use and residential buildings to submit an Energy Efficiency Report (EER) once every ten years. Non-compliance is subject to DOB violations.
Properties That Must Comply with EER Requirements
Buildings that meet any of the following characteristics – based exclusively upon ownership information records of the NYC Department of Finance – must submit an EER:
- Buildings greater than 50,000 gross square feet
- A tax lot containing two or more buildings that, together, exceed 100,000 gross square feet
- Two or more buildings held in a condominium form of ownership that, together, are larger than 100,000 gross square feet
Exemptions from Reporting Requirements
If you believe your property is erroneously listed on the Covered Buildings List, contact DOF at benchmarking@finance.nyc.gov to dispute any of the following: square footage of the building, number of buildings on a tax lot, ownership, address or mailing information. Please include the following in the email:
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borough, block, and lot number of the building
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contact information: name, email address or/and telephone number
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reason for dispute.
Additionally, a Request To Update (RTU) property’s Gross Square Footage form may be submitted via the NYC Department of Finance online portal for the following reasons:
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If a building owner believes the property is erroneously listed on the LL84/LL133 (Benchmarking) or the Local Law 87 (Energy Audits and Retro-commissioning) Covered Buildings List (CBL); or
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If there is an issue with the data on the CBL for the property, resulting in a discrepancy with the submission.
To access the online form, please follow the steps below:
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Log into the portal using your NYC.ID account credentials (create a new account, if necessary).
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Select the RTU form that corresponds with the appropriate tax class (2 or 4) for your property. The tax class can be found under the Property Info section for the BBL (Borough, Block and Lot) number at www.nyc.gov/nycproperty.
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Input your borough, block, and lot numbers to verify your property and update the RTU form. Gross Square Footage is Line 5 on the form and you should input what you believe is most accurate for your property.
It is encouraged, but not mandatory, to have an architect’s letter submitted with the completed RTU to provide an official document for the DOF’s assessor to work with.
When you file an RTU online, you will receive a confirmation receipt for your records.
Note: Determinations regarding submitted RTUs are made exclusively by the Department of Finance
Resolving a Violation
- Pay the penalty for failure to submit an EER by mail. Mail payment to:
NYC Department of Buildings
Sustainability Enforcement (EERV)
280 Broadway, 3rd Floor
New York, NY 10007
- Penalties are $3,000 for the first year of non-submittal and $5,000 for each additional year; these are cumulative
- Payment must be made by certified/bank check or money order made to the NYC Department of Buildings, as per Title 1 of the Rules of the City of New York §103-07(m)
- Include a copy of the Notice of Violation
Challenging a Violation
If you believe a violation was issued incorrectly, complete the Local Law 87/2009 Energy Audits & Retro-Commissioning Violation Challenge Form and – within 30 days of the violation’s postmark date –email it to LL87@buildings.nyc.gov. For questions about a violation, call (212) 393-2475.Email questions to LL87Questions@buildings.nyc.gov.
Extensions
To apply for an extension, fill in the EER2 Form: Application for Extension to File an Energy Efficiency Report, sign the form, scan the form, and email it to LL87@buildings.nyc.gov. The Department will notify you by email when the application has been received and send you instructions on how to mail in the payment.Deferrals
Local Law 87 of 2009 allows building owners otherwise required to submit an Energy Efficiency Report (EER) by December 31 to defer their filing. The deadline to file the Application to Defer Filing an Energy Efficiency Report is December 31.
Deferrals are permitted when an applicant can demonstrate that the property meets current New York City Energy Conservation Code (NYCECC) requirements.
Eligibility for a Deferral Extension
To be eligible for a deferral, a building must meet one of the following qualifications:
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The building is less than 10 years old (at the commencement of the first calendar year it is due to comply) and all base building systems comply with the NYCECC
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The building has undergone substantial rehabilitation (as certified by a registered design professional) within the ten year period prior to the assigned calendar year in which the report is due. At the start of such calendar year, all base building systems must be in compliance with the NYCECC in effect for new buildings constructed on or after July 1, 2010 or in effect on the date of such substantial rehabilitation, whichever is later.
How to Apply to Defer Filing
- Fill in the form EER1: Application to Defer Filing an Energy Efficiency Report
- Sign, scan, and email the EER1 LL87@buildings.nyc.gov, with documentation proving that the base building systems comply with the NYCECC
- Proof of compliance with the Energy Code can be provided the procedures outlined in the Energy Analysis How to Guide . Also, please see the Professional Statement for more information
- The Department will email you when the application has been received and will send payment instructions.
Email questions to LL87Questions@buildings.nyc.gov.
Approved Agency Qualifications
All individuals performing or supervising the Energy Audit and Retro-commissioning studies for inclusion in an Energy Efficiency Report must be either a registered design professional (a Professional Engineer or Registered Architect licensed in the state of New York) with the appropriate qualifications for Energy Audits or Retro-commissioning services.
Individuals performing energy audits and retro-commissioning CANNOT be on the staff of the building being audited or retro-commissioned.
Email questions to LL87Questions@buildings.nyc.gov.
Fees
| Filing Type |
Fee |
| Initial filing (EER/Deferral) | $375.00 |
| Extension request | $155.00 |
| Amendments | $145.00 |
Helpful Links
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Local Law 87/09 Rule Amendment Only §3 and §10 of the rule go into effect on 8/4/19. The rest of the rule is effective 1/1/20