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New York Real Estate Law ReporterFeaturesEnvironmental LawLandlord Tenant LawRegulation

The Impact of Local Law 97

By Matthew Schneid
March 01, 2023

Local Law Number 97 of 2019 (as amended by Local Law Number 147 of 2019, "Local Law 97") was enacted by the City of New York to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050 (See, §28-320 and §28-321 of the Administrative Code). The specific goal of Local 97 is to reduce city-wide carbon emissions by forty percent (40%) by 2030 and a total of eighty percent (80%) by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

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Requirements

Local Law 97 includes specific carbon limits depending on a building's size, property type and the compliance year. Starting in the 2024 calendar year, the law assigns emissions limits for sixty (60) different property types that reflect the wide variation in energy use among buildings. Carbon caps become more stringent over a series of compliance periods, so each building will be allowed to emit less carbon over time in the following periods: 2024-2029, 2030-2034, 2035-2039, 2040-2049, and 2050 and thereafter.

As of Jan. 19, 2023, the New York City Department of Buildings added new rule 103-14 to implement Local Law 97 by establishing the procedures for reporting on complying with annual greenhouse gas emissions limits for buildings. The rules establishes the building emission limits, or emission factors, for different property types and provides the formula for calculating a building's annual emissions limit. The law assigns a "carbon coefficient" to specify the carbon content for each fuel type. A building's annual emissions are determined by combining total energy use for each fuel type multiplied by its corresponding carbon coefficient.

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