Local Law 87 - Energy Audits & Retrocomissioning

Local Law 87 Energy Audits & Retrocomissioning

Beginning January 1, 2022, an Energy Efficiency Report (EER) must be submitted to the Department of Buildings by a registered design professional. Registered energy auditors and retro-commissioning agents who are not registered design professionals may continue to submit an EER to DOB until their registrations expire or until December 31, 2021, whichever is earlier. Registrations will not be renewed once expired.”

Local Law 87 (LL87) mandates that buildings over 50,000 gross square feet undergo a periodic energy audit and retro-commissioning measures, as part of the Greener, Greater Buildings Plan (GGBP). The intent of this law is to inform building owners of their energy consumption through energy audits, which are surveys and analyses of energy use, and retro-commissioning, the process of ensuring correct equipment installation and performance.

In summary, LL87’s energy audit and retro-commissioning process require the following:

• Determine if a building needs to comply, and what year it is due.

• Conduct an energy audit and retro-commissioning of base building systems and complete an Energy Efficiency Report (EER) electronically.

• Submit the EER once every ten years to the City by December 31.

You can access forms and tools for completing an electronically submitted EER here. You can also access instructions on how to file the electronic form here

Please note that as of 2018-19, buildings 25,000 - 49,999 sq. ft. are required to comply with Local Law 84 (annual consumption submission), NOT Local Law 87. Buildings 50K square feet and above have to comply with both regulations. Of course, this is subject to change in the future.

Failure to submit may result in an EARCX violation, carrying a $3,000 initial penalty with an additional $5,000 for every year the report remains unfiled. 

How do I comply with LL 87? 

1. Determine if a building needs to comply, and what year it is due.

2. Conduct an energy audit and retro-commissioning of base building systems and complete an Energy Efficiency Report (EER) electronically.

3. Submit the EER once every ten years to the City by December 31. 

 The year the EER is due corresponds with the last digit of your tax block number. For example, reports for buildings with “9” as the last digit of their block number are due by December 31, 2019:  

What are my Filing Fees? 

In addition to the EER, a filing fee must be paid to fully comply with LL87. Once the EER is received, DOB will email instructions on how to make a payment. 

 
Registration and renewal fees are also required for DOB registered energy auditors and retro-commissioning agents (this does not include registered architects and licensed professional engineers). An individual registering as both an energy auditor and a retro-commissioning agent must submit fees for both designations. 

 
I received an EARCX violation for failure to file an Energy Efficiency Report for my building! 

The 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 file 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.  

Can I defer the Energy Efficiency Report (ERR)? 

An owner may apply for a ten-year deferral if all base building systems comply with the NYC Energy Conservation Code (NYCECC), and the building: 

• is less than ten years old, or 

• has undergone substantial rehabilitation within the ten-year period prior to the year that the EER is due 

Can I get an extension to file an Energy Efficiency Report (ERR)? 

An owner may also apply for an extension to file an EER if the deadline cannot be met: 

• despite documented good faith efforts, or 

• due to financial hardship of the building 

The extension form below must be filed and emailed to LL87@buildings.nyc.gov by October 1 of the year in which the report is due, and by October 1 of every subsequent year for which an extension is requested. The extension request fee is $155.

I received an amendment request regarding my Energy Efficiency Report (ERR) from the DOB, what do I do? 

If DOB requests an owner to amend a submitted EER, the owner must submit a revised EER with the professional certification forms indicating that the filing is an amendment and pay an amendment fee of $145. There is no separate application.

Are there any instances where I am exempt from submitting an Energy Efficiency Report (ERR)? 

One to three family dwellings that are not condominiums or one to three family condos of three stories (or less) are not on the covered buildings list and do not have to comply. 
 
Covered buildings may be eligible for an exemption from compliance if they are experiencing substantial financial hardship, as defined by the law. 

• Earned a U.S. Environmental Protection Agency (EPA) ENERGY STAR® certification for at least two of the three years prior to filing the EER, 

• Earned the Leadership in Energy and Environmental Design (LEED®) for Existing Buildings certification within four years prior to filing the EER, or 

• 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 NYCECC 

• Low flow fixtures 

• Insulated pipes 

• Insulated hot water tanks 

• Front-loading washing machines 

• Cool roofs 

When is the Energy Efficiency Report (ERR) not required? 

• been certified under the LEED® for Existing Buildings rating system within two years prior to filing the EER, and 

• have earned both LEED® points for Existing Building Commissioning - Analysis and Existing Building Commissioning - Implementation 

Early Compliance (Only offered in 2013)

In 2013 the DOB offered early compliance for any required buildings. In such cases, the next required report for the building would be due in the tenth calendar year after the first assigned due date for the report; for example, if the due date would have been 2015, satisfying the early compliance in 2013 would make the next due date 2025.