Green Building Services
Green Building
Local Law 97 emissions compliance, energy code review, and LEED coordination for New York City buildings. Post & Lintel supports building owners navigating the city's carbon and energy performance requirements.
New York City's building performance requirements are among the most consequential regulations facing large property owners over the next decade.
Local Law 97 of 2019, part of the Climate Mobilization Act, sets annual greenhouse gas emissions limits for most buildings over 25,000 square feet, with limits that tighten in stages through 2050. The first compliance period runs from 2024 through 2029, and buildings that exceed their emissions limit are subject to a penalty of $268 for each metric ton of carbon dioxide equivalent over the threshold. Emissions limits vary by occupancy group and are based on a building's square footage and use.
Local Law 97 compliance builds on requirements established under Local Law 84, which mandates annual energy and water benchmarking for covered buildings, and Local Law 87, which requires periodic energy audits and retro-commissioning. Together, these laws form a layered framework of reporting, auditing, and emissions compliance that most large NYC buildings must navigate on overlapping schedules.
What Local Law 97 Requires
Covered buildings must calculate their annual building emissions and compare the result against an emissions limit set by the building's predominant occupancy classification. Buildings exceeding their limit in a given compliance year are assessed a penalty based on the amount by which they exceed it.
Covered Buildings
Local Law 97 generally applies to buildings over 25,000 square feet, groups of buildings on the same tax lot exceeding that combined threshold, and certain buildings governed by the New York City Housing Authority or subject to other specified regulatory programs. Some building types — including certain affordable housing, religious properties, and city-owned buildings — are subject to modified requirements or alternative compliance paths rather than a full exemption.
Emissions Reporting
Each covered building must submit an annual emissions intensity report calculating the building's greenhouse gas emissions per square foot, based on its energy consumption converted using emissions factors specified by the DOB. Reports for most buildings must be certified by a registered design professional and filed with the Department of Buildings on an annual basis.
Compliance Paths
Building owners facing emissions above their limit have several compliance options available under the law, including purchasing greenhouse gas offsets or renewable energy credits within specified limits, applying for an adjustment based on documented circumstances, or entering into a decarbonization plan for qualifying buildings that commits to a defined emissions reduction schedule in place of near-term penalties.
Emissions Limits Tighten Over Time
Local Law 97 establishes emissions limits in successive compliance periods, with each period's limits substantially lower than the last. Building owners should plan capital improvements with future compliance periods in mind, not solely the current one.
| Compliance Period | Emissions Limits | Status |
|---|---|---|
| 2024 – 2029 | First set of occupancy-based emissions limits in effect | Current — annual reporting required |
| 2030 – 2034 | Substantially lower emissions limits take effect | Upcoming — plan capital improvements now |
| 2035 and beyond | Additional limit reductions on the path toward the law's 2050 target | Long-range planning horizon |
Planning for 2030
The reduction in allowable emissions between the first and second compliance periods is significant for many building types, and retrofit projects — building envelope upgrades, mechanical system replacement, electrification, and lighting improvements — often require multi-year planning and capital budgeting. Buildings that wait until the 2030 compliance period begins to evaluate their options will have materially less time to implement improvements before penalties apply.
Post & Lintel Green Building Services
Post & Lintel supports building owners through the benchmarking, auditing, and emissions compliance requirements that apply to covered NYC buildings. Analysis and documentation may be performed by trained personnel; emissions reports and audits requiring a licensed professional's certification are handled by appropriately licensed professionals.
- Local Law 97 applicability review
- Annual emissions calculation
- Emissions intensity report preparation
- Local Law 84 benchmarking support
- Local Law 87 energy audit coordination
- Retro-commissioning coordination
- Decarbonization plan evaluation
- Capital improvement planning for 2030 limits
- Offset and REC purchase guidance
- Adjustment application support
- LEED documentation coordination
- Energy code compliance review
Who We Work With
Local Law 97 and related energy requirements apply broadly across large NYC properties, though specific obligations vary by occupancy type and building size.
Frequently Asked Questions
Does Local Law 97 apply to my building?
Applicability generally depends on gross square footage — buildings over 25,000 square feet, or groups of buildings on one tax lot exceeding that combined size, are typically covered. Some building types are subject to modified requirements. Confirming applicability for a specific property requires reviewing its square footage, occupancy classification, and any applicable exemptions.
What happens if my building exceeds its emissions limit?
Buildings that exceed their annual emissions limit are subject to a penalty calculated per metric ton of carbon dioxide equivalent over the limit. Owners may reduce this exposure through capital improvements, purchase of offsets or renewable energy credits within specified limits, or an approved adjustment or decarbonization plan where the building qualifies.
How is Local Law 97 different from Local Law 84?
Local Law 84 requires annual energy and water use benchmarking — essentially measuring and reporting consumption. Local Law 97 goes further, setting enforceable emissions limits and imposing penalties for buildings that exceed them. Benchmarking data collected under Local Law 84 is generally used as an input to Local Law 97 emissions calculations.
Can penalties be avoided entirely?
Some buildings may avoid penalties through a combination of efficiency improvements, electrification, and permitted offset purchases, though the extent to which penalties can be avoided depends heavily on the building's existing systems, occupancy type, and the emissions limit applicable to it. An early building-specific analysis is the most effective way to understand realistic options.
Is LEED certification required under NYC law?
LEED certification itself is not a citywide legal requirement for most private buildings, though it may be required for certain city-funded or city-owned projects, and some zoning bonuses or incentive programs reference green building standards. LEED coordination is often pursued voluntarily as part of a broader sustainability or marketing strategy.
When should I start planning for the 2030 compliance period?
Given the multi-year timelines typically involved in capital improvement projects — from planning through permitting, financing, and construction — building owners are generally advised to begin evaluating 2030 compliance strategies well in advance of the period's start, rather than waiting until 2029.
Questions about your building's emissions compliance? Reach out to discuss your building's occupancy classification, square footage, and current compliance status.
Contact Us