DOB Benchmarking Law (Local Law 84/09) Requires Owners to Submit Energy and Water Usage by May 1, 2011
Update: The New York City Department of Buildings announced that owners who fail to benchmark their buildings by December 31, 2011, or by May 1 of subsequent years, face a $500 penalty.
Local Law 84/09 requires building owners to submit data on their annual energy usage, including fuel oil or steam.
February 7, 2011 - In December 2009, New York City enacted four local laws as part of the city's Greener, Greater Buildings Plan. The new legislation, designed to improve the energy efficiency of existing buildings, applies to all New York City properties 50,000 gross square feet or larger.
One of the new laws, Local Law 84/09, mandates that buildings submit an annual analysis of their energy usage using an online benchmarking tool created by the EPA. Benchmarking energy and water use enables owners, managers, residents, and building professionals to better understand their buildings' performance. Here's a summary of the law and what it entails:
Required Usage Data
By May 1, 2011, building owners are required to submit their usage for the following utilities:
- Electricity
- Gas
- Fuel oil or steam
- Water
The law does not require that the usage for individual dwelling units be submitted into the online tool, but rather the building's aggregate energy use, which includes total residential, commercial, and common area usage.
EPA Portfolio Manager
The utilities data from January 1 to December 31, 2010 must be entered into the EPA's Portfolio Manager website at www.energystar.gov/istar/pmpam. The Portfolio Manager enables building owners and managers to track and assess energy and water usage for their buildings, identify under-performing buildings, verify energy efficiency improvements, and receive EPA recognition for superior energy performance (for eligible properties). Using the Portfolio Manager, owners and managers will be able to analyze their building's energy use over time and compare it with other buildings of similar size and type.
New York City will post residential buildings' energy and water usage on the Department of Finance's website starting September 1, 2013. (Data on city-owned buildings and non-residential buildings will be posted September 1, 2011 and September 1, 2012 respectively.)
Obtaining Utilities Data
A building's energy and water usage can be obtained from utility bills or the following:
Energy Usage Data: Upon request, Con Edison will provide electrical and gas usage in Excel format for $102 per building: Aggregated Consumption Data From Con Ed
Buildings serviced by National Grid will have to obtain their gas usage from their monthly bills.
Water Usage Data: Properties equipped with automatic Department of Environmental Protection water meters will not have to enter the data into the Portfolio Manager. Buildings not remotely metered by the DEP will have to obtain their usage from their water bills.
Covered Buildings
A list of buildings subject to Local Law 84/09 is here: Covered Buildings. Building owners should have received the following Local Law 84/09 letter from the Department of Finance notifying them that their buildings must comply with the new law.
Penalties for Non-compliance
Based on the city's current draft of benchmarking guidelines, scheduled to be released early this year, buildings that do not submit their utilities data as required under Local Law 84/09 will be fined $500 per quarter, up to $2,000 per year.
Rand's Benchmarking Services
Rand can provide the following services so your building complies with the new benchmarking law:
- Create an account log-in and building profile on the Portfolio Manager website.
- Compile relevant building information, including building gross square footage and gross floor area of both residential and commercial spaces.
- Assist building owners and managers with obtaining energy usage information.
- Analyze energy use data for completeness, ensuring it is suitable for entering it into the Portfolio Manager, and modifying as necessary in accordance with LL 84/09 guidelines.
- Enter energy use data into the Portfolio Manager.
- Using the Portfolio Manager, generate the custom Energy Report required for submission to the New York City Department of Finance. The Energy Report will include the building's profile, summary information, and estimates of its energy usage (BTUs and dollar amount per square foot).
- Provide a written report that includes an explanation of how to access the energy data and the calculation methods used for analysis, copies of the data entered into the Portfolio Manager, a confirmation e-mail from the EPA, and the final Energy Report. All information will be retained for three years after the May 1 deadline.
- Answer any follow-up questions that owners, manager, and boards may have about the Energy Report.
Rand's Green Services
Rand's Green Services Team, staffed with LEED Accredited Professionals and Building Performance Institute Certified Professionals, helps property owners and developers more efficiently and economically operate their buildings. As a partner in NYSERDA's Multifamily Performance Program, RAND can perform benchmarking services, energy audits, retro-commissioning and associated design, and administer energy-saving projects for clients from application through completion. Our goal is to provide residents and commercial tenants with healthier, safer, and more comfortable homes and workplaces.
Benchmarking Guide
A benchmarking guide for building owners, property managers, superintendents, and building service personnel, which includes step-by-step instructions on using the EPA Portfolio Manager, is here: Local Law 84/09 Benchmarking Guide.
Questions?
For more information on Local Law 84/09 or to request a proposal for Rand to provide benchmarking services for your building, please contact us at 212-675-8844; info@randpc.com.
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