In order to comply with New York City’s Local Law 87 (LL87), you first need to determine if your building falls under the mandates of LL87. If your building is included in the category covered buildings as designated by the Covered Buildings List, you must submit your Energy Efficiency Reports(EER) to the City of New York by December 31 of the year they are due. You are then responsible for submitting a new report to the city again once every 10 years.
A complete EER includes:
- EERC1 (Professional Certification: Energy Auditor and Owner Statements) form
- Energy Audit Tool
- EERC2 (Professional Certification: Retro-Commissioning Agent and Owner Statements) form
- Retro-Commissioning Tool
Starting with the calendar year 2013, the first EERs for covered buildings were due in the calendar year with the last digit of the building’s tax block number corresponding to the year the report is due, as represented by the chart below. Your building’s energy audit and retro-commissioning work must be completed before you file your EER.
|Year first EER is due
|Last digit of tax block number
In addition to the EER, to fully comply with LL87, you must pay a filing fee. These fees include:
You are exempt from energy audits if your building:
- Earned a U.S. Environmental Protection Agency (EPA) ENERGY STARcertification for at least two of the three years prior to filing an EER,
- Earned the Leadership in Energy and Environmental Design(LEED) for Existing Buildings certification within four years prior to submitting an EER, or
- Falls under the category of simple buildings (without central cooling or chilled water systems) that complete six out of seven “simple retrofits”:
- Individual heating controls
- Common area and exterior lighting in compliance with the New York City Energy Conservation Code(NYCECC)
- Low-flow fixtures
- Insulated pipes
- Insulated hot water tanks
- Front-loading washing machines
- Cool roofs
You are exempt from retro-commissioning measures if your building:
- Has been certified under the LEED for Existing Buildings rating system within two years before filing the EER, and
- Has earned both LEED points for Existing Building Commissioning – Analysis and Existing Building Commissioning – Implementation.
New York City is authorized to issue a violation for any listed building that has not filed an EER by December 31 of the year in which the EER is due. Failure to submit your EER by December 31 will result in a Class 2 violation and a penalty of $3,000 for the first year. Continued failure to file will result in additional violations on an annual basis of $5,000 for each subsequent year. The city will not accept outstanding EERs until penalties are paid in full.
If you have any more questions about completing or submitting your Energy Efficiency Report, contact our experts today, and we’ll be happy to provide answers.