Benchmark by Region

New York City, New York

NOTE: NYC benchmark ratings are now due May 1, 2012.

The Office of Long Term Planning and Sustainability has extended the due date for benchmarking disclosure reports from May 1, 2011 to August 1, 2011. Disclosure reports filed after this date may be subject to quarterly fines levied by the NYC Department of Finance.

About the Law

NYC Local Law 84 of 2009 requires benchmarking energy and water use in NYC buildings over 50,000 square feet. Covered buildings are required to file an ENERGY STAR Statement of Energy Performance with the NYC Department of Finance by August 1, 2011.

Summary of the Law

The New York City Council amended Chapter 3 of Title 28 of the administrative code with Local Law 84 relating to benchmarking the energy and water efficiency of buildings on December 28, 2009. The Amendment covers buildings as follows:

Kick-off Year Covered Buildings* Benchmark Required Submission Date
2011 > 50,000 gross sf Energy and Water** May 1, 2011 and annually not later than May 1 thereafter

All buildings, regardless of size, are required by the Amendment to utilize the EPA’s ENERGYSTAR Portfolio Manager on-line tool. This tool will provide when applicable energy efficiency percentile ratings between similar buildings nationwide and other indexes of energy and water efficiency as required for disclosure to the Department of Finance.

In the event that a building has tenants to whom it rents or leases space and where those tenant’s spaces are separately metered by a utility company the owner of the building shall request from the tenant and the tenant shall respond to such request from the owner for the tenant’s separately metered energy use for the previous calendar year.

Enforcement: The Office of Long Term Planning and Sustainability has announced that fines of $500 per quarter which were supposed to take effect after May 1 will now take effect after August 1, 2011.

*Covered Buildings: (i) a building that exceeds 50k gross square feet, (ii) two or more buildings on the same tax lot that together exceed 100k gross square feet, (iii) two or more buildings held in the condo form of ownership governed by the same board of managers and that together exceed 100k gross square feet.

**Water benchmarking required providing building equipped with automatic meter reading equipment by the Dept. of Environmental Protection for the entirety of the previous calendar year.

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