Owners of properties impacted by utility data errors now have until August 1, 2022 to submit their 2021 benchmarking report per a Service Update published by the New York City Department of Buildings (DOB). The DOB will also not assign "F" grades or issue violations for failure to meet the May 31, 2022 deadline for these properties.
According to the Service Update, "property owners who were impacted by the data errors received an email from the utility informing them that the utility may have difficulty providing a full set of data or removing overlapping data from Portfolio Manager for one or more of their properties prior to the May 31 deadline for compliance with Local Law 84."
As a reminder, NYC Benchmarking Law requires owners of properties that are 25,000 square feet or larger to annually submit their building's annual energy and water usage to the EPA's Portfolio Manager website. Owners of properties on the DOB's 2022 Covered Buildings list must submit a benchmarking report of their 2021 utilities data or be subject to violations for each quarter they are not in compliance, and a $500 penalty each quarter until the report is filed, with a maximum fine of $2,000 per year.
EER labels must be posted in a public entrance per LL33/18 as amended by LL95/19.
Energy Efficiency Grades
Based on the benchmarking data submitted, buildings will be assigned energy efficiency grades. Energy Efficiency Rating (EER) Labels with these grades must be posted in a public entrance of the building by October 31 of each year. The labels are available in the DOB NOW Public Portal annually on October 1. Failure to comply will result in a DOB violation and an annual fine of $1,250.
RAND's Benchmarking Services
RAND provides the following services to help your building comply:
- Create an account log-in and building profile on the Portfolio Manager website.
- Assist building owners and managers with obtaining energy usage information.
- Enter energy usage data into 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).
- Answer any follow-up questions about the Energy Report.
First Local Law 97 Deadline is Just Around the Corner
Benchmarking is a crucial step in the process to ensure your building complies with Local Law 97 of 2019 of the Climate Mobilization Act, which sets increasingly stringent carbon emissions caps with aggressive and steep fines for buildings that fail to comply. The first LL97/19 compliance deadline is May 1, 2025, and buildings must meet their target emissions targets by the end of 2024, which is now less than two years away.
Identifying and implementing carbon reduction measures and energy upgrades can be a multi-year process; we strongly recommend that you work with a registered design professional as soon as possible to prepare and avoid steep penalties over the coming years
Free Benchmarking Estimate
If you have questions or would like a free estimate to benchmark your building's energy usage, please contact RAND at 212-675-8844 or info@nullrandpc.com. Our Energy Services Team can help assist you with possible energy conservation measures and help you reduce energy consumption, save on energy costs, and raise your building's energy efficiency.
For more information, visit RAND's Fact Sheet on New York City Benchmarking Law.
Jim Marcinek is a Project Manager on RAND's Energy Team.
