Energy Consulting
NYC Energy Audits - Lower Operating Costs & Comply with the Law (LL87)
All buildings in New York City over 50,000 square feet will be required to perform retro-commissioning of systems and submit an energy efficiency report based on a building energy audit (Local Law 87). Bright Power's experienced auditors can make it as easy as possible for you to meet these requirements, while putting a valuable financial evaluation in your hands.
The building's retro-commissioning must be performed no more than four years prior to filing the energy efficiency report. Qualifying buildings must submit energy efficiency reports starting in 2013, according to last digit of building tax block number. (If tax block number ends in “3”, report due 2013; ends in “4”, due 2014, etc.) Compliance is required every ten years thereafter. There are benefits to starting as soon as possible so that you can take control of your energy usage sooner.
Qualifying buildings will also be required to submit an annual energy benchmark. Our benchmarking software, EnergyScoreCards™ can support this requirement, in addition to providing intuitive monthly reports on your energy usage and spotlight opportunities for energy savings.
Please contact Phil Vos at 212-803-5868 ext. 2013 or info@brightpower.com today if you would like more information.
The summary below is intended to provide only a digest and timeline of the City’s requirements. Click here to read the complete Local Law 87.
Summary of New York City’s Energy Auditing and Retro-Commissioning Requirement
(Int. No. 0967-A, signed into law by Mayor Bloomberg 12/28/09)
Qualifying buildings must submit energy efficiency reports starting in 2013, according to last digit of building tax block number. (If tax block number ends in “3”, report due 2013; ends in “4”, due 2014, etc.) Required every ten years thereafter. Before submitting an energy efficiency report, the owner is obliged to have an energy audit performed by an appropriate energy auditor. (Sect. 28-308.2) The energy audit on which the energy efficiency report is based should be completed no more than four years prior to the report filing date. (Section 28-308.2.2) Retro-commissioning of systems must be performed no more than four years prior to filing the energy efficiency report, by or under the supervision of a retro-commissioning agent. (Section 28-308.3)
Schedule for Submitting Energy Efficiency Report and Exceptions: An energy efficiency report must be filed during the calendar year when it is due, and every tenth year thereafter. Buildings less than 10 years old at the beginning of the first reporting year, or whose rehabilitation in the previous 10 years has brought building systems into compliance with the New York City Energy Conservation Code, may defer an energy report for 10 years after the first reporting year. (Section 28-308.4)
Early submission options: An audit completed between January 1, 2006 and December 27, 2009 that complies with ASHRAE Level II, was performed under a NYPA or NYSERDA contract or by a NYSERDA Flex Tech contractor, and is certified by a registered design professional, will satisfy the early reporting option. (Section 28-308.7.1.1) An early compliance audit completed after 12/28/2009 must be performed under the supervision of a registered design professional, and meet the requirements of an ASHRAE Level II audit. (Section 28-308.7.1.2) An owner may submit an energy efficiency report, including audit and retro-commissioning report, in a year before it is actually due, starting in 2013. The next required report shall be due in the tenth calendar year after the first assigned due date. (Sect. 28-308.7)
Exceptions to Audit Requirement. No energy audit is required if:
- building has earned an ENERGY STAR® for two of three years prior to the energy efficiency report due date;
- there is no ENERGY STAR® program for the building type, but a registered design professional certifies that for two of the past three years the building’s performance has been 25+ points better than an average building of its type under the LEED 2009 ratings for Existing Buildings;
- the building has received certification under the LEED for Existing Buildings rating system within the four years prior to the energy efficiency report due date;
- if a building complies with efficiency standards for six of the following seven:
individual heating controls common area and exterior lighting low flow faucets and shower heads pipe insulation domestic hot water insulation front-loading washing machines cool roofing.
Landmark Designation: If a building has a Landmark or other Historic Buildings designation, recommended measure must comply with requirements and cost estimates must allow for them (Section 28-308.2.1.1)
On-site Documentation Requirements: Copies of up-to-date manuals and most recent retro-commissioning report must be maintained at each building, and be available to the Department on request. (Section 28-308.3.3)
Definitions of terms (Sect. 28-308.1):
“Covered building”: a building over 50,000 gross square feet in size; two or more buildings, on the same lot or under the same condo board, that together are 100,000 gross square feet.
“Base building systems”: building (sub)systems that use energy or impact energy consumption, including building envelope, HVAC systems, conveying systems, domestic hot water systems, and electrical and lighting systems. Does not include (sub)systems owned by tenants, condominium owners, cooperative unit shareholders, or industrial processes occurring in building.
“Energy audit": a systematic process of identifying and developing improvements to building systems, including HVAC, windows, structural seals and roofing. Audits must document all reasonable measures to reduce energy use and/or operating costs; savings, implementation costs and simple payback for each measure; building’s benchmarking output per the EPA Portfolio Manager tool; provide a break-down of pre-measure usage and predicted energy savings by system and measure; and assess impact of major energy consuming equipment and systems in tenant spaces on base building systems.
“Energy auditor”: an approved agent authorized by the Department to perform energy audits and to certify audit reports. These are currently identified as:
A NYSERDA-approved Flex Tech contractor; A Certified Energy Manager (CEM) or Certified Energy Auditor (CEA), certified by the Association of Energy Engineers (AEE); A High-Performance Building Design Professional (HPBD) certified by the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE).
“Retro-commissioning”: optimizing existing base building systems through correction of deficiencies, e.g. adjustment or upgrading of HVAC controls, or cleaning of filters.
“Retro-commissioning agent”: an individual authorized by the Department to certify retro-commissioning reports. As yet undefined; may come to include “registered design professionals”, licensed refrigerating system operating engineers, or licensed high pressure boiler operating engineers.
“Simple payback”: the number of years for projected annual energy savings to equal the investment in an energy conservation measure.
The text of the bill is available here in PDF format:

