We know everyone has been talking about Local Law 97 for years now, but now that the filing deadline is rapidly approaching, the complexities of the compliance process are coming to light. Filing for LL97 is multi-step process that will require substantial time from the building owner and PE/RA to sign off. If you haven’t started this process, you need to start now! All three local laws that are due this year (LL97, 88 and 84) have very finicky requirements. CodeGreen has been helping building owners comply with NYC’s energy laws since 2009 and we understand how to deal with the DOB and the level of detail required to file correctly. Based on our experience, we have put together some notes and tips that should help you be better prepared. If you need additional help, please reach out to us. CodeGreen is registered with the DOB to sign off and submit all of these laws.
For all three laws (LL84, 88, 97)
- The laws apply to privately owned buildings of ALL types over 25,000sf in all 5 boroughs.
- Buildings bought/sold in 2024 or new buildings that received their certificate of occupancy in 2024 can get an exemption from 2025 filing. If this applies to you, but your building is still on the Covered Building Lists (each law has its own CBL), submit backup documentation to the DOB to get the 2025 submission waived.
Local Law 84 Annual Benchmarking:
- This year’s deadline has been extended from May 1, 2025 to June 30th (Extension to August 30th is available for $60)
- DOB LL84 Covered Building List is HERE
- New in 2025, complying with LL84 now requires that ESPM profiles be SHARED with the DOB. This replaces the old ESPM “submit” process.
- If your property is subject to LL97 and LL88, the ESPM profile “Data Administrator” must be one of the three email addresses (owner, owner rep., service rep) entered in DOB NOW portal for the filing fee payment. (Finding the ESPM Data Administrator may be a bigger headache than you realize)
- Fine for not complying by deadline: $500 per quarter
Local Law 88 Lighting and Submetering:
- Deadline has been extended from Jan 1, 2025 to June 30th, 2025 (Extension to August 30th is available for $60). LL88 is only due in 2025. Once you comply you do not need to file in future years.
- LL88 Covered Building List HERE
- Filing is performed through same “BEAM” portal used for LL97 and can be submitted at same time as LL97 to save on filing fees
- Requires all commercial tenants over 5,000sf to be submetered (or directly metered by the utility) for electricity and receive monthly statement showing their electric consumption
- Requires lighting systems in all non-residential spaces to be upgraded at any point since July 2010 to meet the code at the time of installation. This includes all spaces in commercial buildings including tenants, retail, office, etc. It also includes all shared spaces in multi-family buildings (does not include inside dwelling units).
- Notes:
- Confirming that all lighting systems comply with this law is VERY time consuming: reviewing old drawings, building permits, walkthroughs etc
- Even if you believe your building complies with both portions of this law, you STILL need to file through DOB’s confusing BEAM portal and get a Registered Design Professional (Professional Engineer or Registered Architect) to sign-off.
- Fines for LL88 noncompliance: (fines for lighting and submetering are independent)
- Lighting: Fine for not submitting report: $1,500 annually until submitted; fine for having ANY portion of the building not meet the lighting and controls requirements: $1,500 per year until remedied
- Submetering: Fine for not submitting report: $1,500 annually until submitted; fine for each tenant space not properly submetered: $500 per tenant annually until corrected
Local Law 97 – Emissions Limits:
- This year’s deadline has been extended from May 1, 2025 to June 30th (Extension to August 30th is available for $60)
- Fine for missing the deadline is VERY serious: $0.50/sf per month (clock starts on May 1 even if you had applied for extension)
- Fines for exceeding the emissions limits are $268/mtCO2e per year
- Filing requires DOB Now and BEAM Portal
- Compliance with LL97 is by Building (BIN in NYC parlance), not by BBL (Borough, Block, Lot) which is used for LL84. Your BBL might have multiple BINs even if you consider it to be a single building. Review the CBL to make sure you know how many BINs the City is expecting on your filing. If you disagree with the number of BINs, you can submit a ticket to correct them.
- If your BBL has multiple buildings, you will need to create a Parent ESPM Profile for the BBL and a Child ESPM Profile for each building and submit them together in a single LL97 filing in the BEAM portal.
- DOB Covered Building List HERE that indicates if a BBL must comply with LL97 and which pathway below they need to follow (note it is possible for buildings on a single lot to follow different pathways)
Buildings are assigned to one of three compliance pathways based on the presence of rent regulated apartment units:
- “Article 321” Buildings – Buildings with >35% rent-regulated units: must perform a set of prescriptive measures by 2025 compliance deadline (or meet Article 320 limits by 2025 deadline)
- “2026 Pathway” – Buildings with 1-35% rent-regulated units: must meet Article 320 emissions limits, but starting in 2026 with first filing due in 2027
- “Article 320” Buildings – All other buildings not included above: must meet emissions limits based on ESPM spaces in 2024 with first filing due in 2025
DOB created two submission pathways (independent of the “compliance” pathways above):
- “Simple” Submission: a LL97 submission that has a single building on the lot and no deductions or adjustments. Some additional supplemental material upload required.
- “Complex” Submission: a LL97 submission that has any of the following: multiple buildings on a lot; shared energy across multiple buildings or lots; campus energy systems; time of use emissions; Distributed Energy Resources (solar, batteries, etc); beneficial electrification; cogen. These require substantial supplemental material, drawings, etc to be uploaded.
Additional Notes and tips:
- Even if your building is below the 2024 emissions limits you STILL need a PE/RA to stamp and submit for compliance which involves multiple convoluted steps across multiple city web portals.
- Your PE/RA needs to register and be approved by the DOB to submit LL97 through the BEAM Portal.
- The ESPM profile “Data Administrator” must be one of the three email addresses (owner, owner rep., service rep) entered in DOB NOW for the filing fee payment.
- Make sure the building address in the ESPM profile matches the address in the City’s Bisweb portal EXACTLY (not the address on the CBL).
- Check if your buildings have any onsite solar. We’ve seen that most people don’t track onsite solar properly in ESPM. Onsite solar generation can be deducted from the building’s electric usage when calculating LL97 emissions regardless of who owns it (tenant, landlord, leased, community solar, etc) and regardless of who retains the RECs.
If you have any questions about any of these laws, contact us at info@codegreen.com
