Energy audits and retro commissioning -Local Law 87

LL87 requires large buildings to audit, retro-commission, and submit information to the City. The audit and retro-commissioning information includes the following:

• Basic team information
• General building information
• Existing equipment inventory
• Energy end use breakdown
• Energy conservation measures identified from the audit
• Retro-commissioning measures

In alignment with annual benchmarking, these measures will work to optimize buildings' energy performance.

Read Local Law 87: Energy Audits and Retro-commissioning (in PDF)

Energy Audits and Retro-commissioning Rule
The New York City Department of Buildings (DOB) has published a rule to provide more details on how to perform energy audits and retro-commissioning to comply with LL87.

Read Local Law 87: Final Audits and Retro-commissioning Rule (in PDF)

Other LL87 Audits & Retro-commissioning Links

LL87 Home
Energy Efficiency Report (EER)
Covered Buildings (Buildings Required to Audit and Retro-commission) 
How to Comply
Where to Get Help
Outreach and Training

How to Comply

In order to comply with Local Law 87 (LL87), owners of covered buildings as designated by the Covered Buildings List must submit their Energy Efficiency Reports (EER) to the City by December 31 of the year they are due, once every ten years. To quickly view specific sections on this page, click on the section titles below.

EER Submission Guidance
Compliance Deadlines
Energy Auditors and Retro-commissioning Agents
Filing Fees
Deferrals, Extensions, and Amendments
Exemptions
Violations 

EER Submission Guidance

How to File an Energy Efficiency Report Guide
The Department of Buildings (DOB) provides a through How to File an Energy Efficiency Report Guide (in PDF) on LL87 compliance that includes detailed information about LL87, the Energy Audit and Retro-commissioning Data Collection Tools, the Professional Certification Forms, how to defer filing, and how to apply for an extension.

Compliance Checklist & User's Guide
Urban Green Council, the New York Chapter of the U.S. Green Building Council, offers a comprehensive LL87 Audits & Retro-commissioning Compliance Checklist & User's Guide (in PDF).

Additional Resources
For more information, click on the following links:

• DOB LL87 web page
• DOB LL87 FAQs
• LL87 Outreach and Training

Energy Audits and Retro-commissioning Compliance Deadlines
Starting with calendar year 2013, the first EERs for covered buildings will be due in the calendar year with a final digit that is the same as the last digit of the building's tax block number, as illustrated in the chart below. The building's energy audit and retro-commissioning work must be completed prior to filing the EER.

Please note that all covered buildings with "5" as the last digit of their tax block number must comply with LL87 by December 31, 2015.

Early Compliance
Please note that the early compliance option ended on December 31, 2013, and is no longer available.

Energy Auditors and Retro-commissioning Agents
An individual performing or supervising work necessary to conduct the energy audit and retro-commissioning must be:

• a registered architect or licensed professional engineer in New York State with appropriate audit or retro-commissioning qualifications, or
• a DOB registered energy auditor or retro-commissioning agent with approved training

A list of approved training certifications is available on the LL87 Outreach and Training page. To register, please visit DOB's LL87 webpage.

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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.

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Deferrals, Extensions, and Amendments

Deferrals
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

To conduct an energy analysis to demonstrate compliance with NYCECC, please review the DOB Energy Analysis How to Guide (in PDF). More information on NYCECC is available on the Local Law 85 page. The deferral form below must be filed and emailed to LL87@buildings.nyc.gov by December 31 of the year in which the report is due. Proof of compliance with NYCECC must be provided. For more information, please review the Professional Statement (in PDF).

Application to Defer Filing on an Energy Efficiency Report (EER1) (in PDF)

Extensions
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.

Application for Extension of Time to File Energy Efficiency Report (EER2) (in PDF)

Amendments
If DOB request 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.

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Exemptions
Buildings classified as Class 1 pursuant to Subdivision 1802 of the Real Property Tax Law of New York State (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. The building classification is indicated on the Department of Finance (DOF) tax bill.
Covered buildings may be eligible for an exemption from compliance if they are experiencing substantial financial hardship, as defined by the law.

No energy audit is required for buildings that have either:

• 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”:

1. Individual heating controls
2. Common area and exterior lighting in compliance with the NYCECC
3. Low flow fixtures
4. Insulated pipes
5. Insulated hot water tanks
6. Front-loading washing machines
7. Cool roofs

No retro-commissioning is required for buildings that have:

• 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 (page 37; in PDF), and Existing Building Commissioning - Implementation (page 39; in PDF)

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Violations
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. More information is available on DOB's LL87 web page.

Other LL87 Audits & Retro-commissioning Links

LL87 Home
About LL87
Covered Buildings (Buildings Required to Audit and Retro-commission)
Energy Efficiency Reports (EER)
Where to Get Help
Outreach and Training