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What is New York City- NYC Local Law 33 as Amended by Local Law 95?



Local Law 33 of 20 18 amended the Administrative Code of the City of New York in relation to energy efficiency scores and grades for buildings required to benchmark their energy and water consumption. Energy efficiency scores and grades for these buildings shall be obtained, assigned and disclosed in accordance with the new section §28-309.12 annually, based on benchmarking reporting consistent with Federal energy efficiency standards. An energy efficiency score is the 1-100 ENERGY STAR® Score that a building earns using the United States Environmental Protection Agency's online benchmarking tool, ENERGYSTAR Portfolio Manager ® to compare building energy performance to similar buildings in similar climates. As per Local Law 95 of 2019 grades based on ENERGYSTAR® energy efficiency scores will be assigned as follows:


Score is equal to or greater than 85


B

Score is equal to or greater than 70

but less than 85


C

Score is equal to or greater than 55

but less than 70

D Score is less than 55


F

Building did not submit required

benchmarking information


N

Building exempted from

benchmarking or not covered by the

ENERGYSTAR® program


The energy label will include both a letter grade and the energy efficiency

score for the building.


STEPS TO COMPLIANCE

1. Submit benchmarking data by May 1 of every year.

2. The energy efficiency grade will be made available by the NYC Department of

Buildings through the Building Energy Efficiency Rating label every year on

October 1.

3. Print and display the label in a conspicuous location near each public entrance

within 30 days after October 1 of every year.


Submit benchmarking data by May 1 of every year:

- To find out if you are required to benchmark, please review your property tax

bill from the Department of Finance (DOF) for a section titled One City Built to

Last - Compliance Notification.

You may also review the Covered Buildings List published annually on the

Department of Buildings website for your borough, block and lot (BBL) number.

- Check the Covered Buildings List (CBL) for the BBL number of your property

every year.


The following property types are eligible for an ENERGYSTAR® 1-100 score and will be assigned a letter grade:


- Barracks

- Data center

- Hospital (general medical/ surgical)

- Hotel

- K-12 school

- Medical office

- Multifamily housing

- Office (covers office, bank branch, financial

office, and courthouse)

- Residence hall/ dormitory

- Retail store (covers retail and wholesale

club/ supercenter)

- Senior care community

- Supermarket/ grocery store

- Warehouse (covers distribution center,

non-refrigerated warehouse, and

refrigerated warehouse)

- Wastewater treatment plant

- Worship facility


Buildings exempted from benchmarking or not covered by the ENERGYSTAR® program:


- Multifamily buildings with less than 20 units, enclosed parking, or other property types that are not eligible to receive a 1-100 ENERGYSTAR® Score


- Some mixed-use buildings - a multi-use property can receive the ENERGYSTAR® Score, but these two conditions apply:

1. seventy-five percent (75%) of the Gross Floor Area (GFA) of the property

must be comprised of property types that are eligible for an ENERGYSTAR®

Score

2. more than fifty percent (50%) of the GFA must be comprised of one eligible property type (excluding parking)

- Buildings that contain a data center, television studio, and/ or trading floor that

together exceed ten percent (10%) of the GFA


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