What You Need To Know - LL97
What is Local Law 97?
New York City enacted Local Law 97 (LL97) in 2019 as part of the Climate Mobilization Act, with the main goal of achieving carbon neutrality by 2050. Local Law 97 establishes carbon emission limits for NYC’s largest buildings. Covered buildings that exceed annual emissions limits will face an annual financial penalty of $268 per ton of CO2 equivalent over the limit based on 2024 energy usage and emissions. Emissions are calculated based on tons of CO2 equivalent per square foot.
When does Local Law 97 come into effect?
The first LL97 compliance period is in 2024, with stricter limits coming into effect in 2030. According to a 2022 city analysis, 11% of buildings required to comply with the law exceeded emissions limits for the 2024-2029 compliance period, and 63% exceeded limits for the 2030-2034 period.
What buildings does Local Law 97 apply to?
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Buildings over 25,000 gross square feet
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Two or more buildings on the same tax lot that together are over 50,000 gross square feet
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Two or more buildings owned by a condo association that are governed by the same board of managers and that exceed 50,000 gross square feet
How to comply with Local Law 97?
First, is to determine if your facility falls under Article 320 (General Covered Buildings) or Article 321 (Special Case Covered Building) from the following.
How to comply with Article 321?
For Article 321, there are two compliance paths:
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Performance-Based Pathway - Energy compliant building report is certified by a Registered Design Professional (RDP) and shows that the building's calculated emissions for 2024 were under the emission limits for the calendar year 2030.
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Prescriptive Pathway - A compliance report by a qualified Retro-Commissioning (RCx) agent and demonstrates the completion of the 13 Prescriptive Energy Conservation Measures (PECM).
For more information, please contact our office to provide you with a free consultation on which pathway is the best for your property.
How to comply with Article 320?
For Article 320, there are five possible compliance paths:
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None-covered Building - A detailed review with the Department of Finance (DOF) is required to confirm whether the building will fall within the covered building or not based on the GSF.
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Excepted Building - No action is required. However, if the building is altered such that exception no longer applies, then it will become subject to LL97 beginning with the first full calendar year following completion of the alteration.
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2026 Rent Regulated less than 35% - Not obligated to comply with LL97 emission limits until CY2026, i.e., reporting due date of May 1, 2027.
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2035 Income Restricted Extension - Not obligated to comply with LL97 emission limits until CY2035, i.e., reporting due date of May 1, 2036.
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Article 320 Typical Pathway - File an annual emission report that reflects the LL97 emission compliance for that cover year.
For more information, please contact our office to provide you with a free consultation on which pathway is the best for your property.
How do I determine my LL97 emission limit and level?
LL97 emission limit is calculated based on the emission limits for each of the space uses per a prescribed emissions factor for the building.
LL97 emission level is calculated based on the energy types that are consumed annually and the prescribed emission coefficient published by NYC.
For more information, please contact our office to provide a free consultation on calculating the LL97 emission level for your property.
