§ 103-14 Requirements for Reporting Annual Greenhouse Gas (GHG) Emissions for Covered Buildings.
RCNY § 103-14
(a)Definitions. Terms defined in Article 320 of Chapter 3 of Title 28 of the Administrative Code have the same meanings in this section. For the purposes of this section, the following terms have the following meanings: Affordable Housing Reinvestment Fund (AHRF). The AHRF is a third-party fund established by the Department in collaboration with the New York City Department of Housing Preservation and Development (HPD) to receive, encumber, and distribute funds for qualifying building electrification projects and generate offsets for such activities. Beneficial electrification. “Beneficial electrification” means the installation and use of energy efficient electric-based heating, cooling and domestic hot water systems to displace the use of fossil fuel sources (e.g., fuel oil, natural gas, district steam) and/or less efficient electric-based heating systems. Qualifying equipment shall have a minimum efficiency as determined based on the reference test procedure associated with the equipment as follows: Equipment TypeMinimum EfficiencyTest ProcedureService hot water heat pumps with max current 24A at 250 VNA10 C.F.R. Part 430, Subpart B, Appendix E; or other test procedure approved by the Department.Service hot water heat pumps withInput capacity > 12kW and ≤ 50kWNAAHRI 1300-2013; or ASHRAE 118.1-2012; or 10 C.F.R. Part 431.106, Subpart G, Appendix E; or other test procedure approved by the Department.Unitary heat pump equipment – air source only> 1.5 COP @ 5°F outdoor dry bulb(maximum heating capacity)AHRI 210/240-2023, or AHRI 340/360-2022, as applicableVariable refrigerant flow (VRF) multi-split heat pump – air source onlyAHRI 1230-2021Packaged terminal heat pumpsAHRI 310/380-2017Packaged terminal heat pumpsAHRI 310/380-2017, or AHRI 390-2021, as applicable Note: Equipment and systems not listed in the table that otherwise meet the definition of beneficial electrification shall have a coefficient of performance (COP) for the system equivalent to greater than 1.5 when the outdoor dry bulb temperature is 5°F or lower, where the COP of the system is calculated based on the energy required for all parts of the system to deliver the peak capacity. Biofuel. Biofuel means biodiesel and renewable diesel. Campus energy resource. A campus energy resource is any form of energy that is generated by a central plant energy system and distributed to multiple buildings in a campus setting. A campus energy resource may include but is not limited to electricity, chilled water, condenser water, steam, high temperature hot water, medium temperature hot water, and low temperature hot water. Critical facility. A critical facility means a facility the operation of which is critical to human life or safety, such as a hospital, dialysis clinic, or a facility that manufactures vaccines. Emissions factor. An emissions factor is the building emissions intensity limit for an occupancy group or property type as determined in accordance with § 28-320.3 of the Administrative Code. Energy audit. An energy audit is a systematic process of identifying and developing modifications and improvements of the base building systems, including but not limited to alterations of such systems and the installation of new equipment, insulation, or other generally recognized energy efficiency technologies to optimize energy performance of the building and achieve energy savings. For buildings 50,000 square feet and greater, such process shall not be less stringent than the Level 2 energy audit in accordance with ANSI/ASHRAE/ACCA Standard 211-2018 – Standard for Commercial Building Energy Audits. For buildings below 50,000 square feet, such process shall not be less stringent than the Level 1 energy audit in accordance with ANSI/ASHRAE/ACCA Standard 211-2018 – Standard for Commercial Building Energy Audits. Energy service. Energy service is the delivery of energy from the energy supply or energy distribution system to or throughout a building, including any equipment used for such delivery. Two or more buildings may share energy service. Two or more buildings share energy service if such buildings share a meter or other point of connection to the energy supply or energy distribution system. Fund Administrator. The fund administrator is a third party retained to administer the Affordable Housing Reinvestment Fund pursuant to a contract with the City. Gross floor area. Gross floor area is the total area in square feet of all floors and spaces in a covered building, as measured between the exterior surfaces of the enclosing fixed walls. Gross floor area includes vent shafts, elevator shafts, flues, pipe shafts, vertical ducts, stairwells, light wells, basement space, cellar space, mechanical / electrical rooms, and interior parking. Gross floor area does not include unroofed courtyards or unroofed light wells. For atria, gross floor area only includes the area of atrium floors. For the purposes of calculating gross floor area in tenant spaces, interior demising walls should be measured to the centerline of the wall. Location based marginal price. A location based marginal price (LBMP) is the value, expressed in dollars per megawatt hour (MWh), of a particular type of fuel for a particular hour on the day preceding the day of use, as published by the New York Independent System Operator (NYISO) for Zone J. Marginal fuel. The marginal fuel is natural gas or fuel oil, whichever has the lower marginal fuel spot price on a particular day and time. Marginal fuel spot price. The marginal fuel spot price on a given day and time is the price of natural gas or fuel oil, expressed in dollars per Million British thermal units (MMBtu), for the day preceding the day of use, as determined as follows utilizing spot prices published by the United States Energy Information Administration: Marginal Fuel Spot Price for Natural GasCalendar DayMon*Tue*Wed*Thu*Fri*SatSunMarginal Fuel Spot Price publication date for calendar day hours before 10 a.m. ESTFri Spot PriceFri Spot PriceMon Spot PriceTues Spot PriceWed Spot PriceThu Spot PriceFri Spot PriceMarginal Fuel Spot Price publication date for hours beginning at 10 a.m. EST or afterFri Spot PriceMon Spot PriceTue Spot PriceWed Spot PriceThu Spot PriceFri Spot PriceFri Spot PriceMarginal Fuel Spot Price publication dateFri Spot PriceMon Spot PriceTue Spot PriceWed Spot PriceThu Spot PriceFri Spot PriceFri Spot Price *For calendar days following a holiday, the marginal fuel spot price shall be determined utilizing the most recently published spot price. Plant input energy. Plant input energy is energy, such as electricity, fossil fuel, district steam, hot water, and chilled water, that is purchased from a public utility or commercial energy provider and is used to generate energy in a central plant in a campus-style energy system. Qualified energy auditor. The term qualified energy auditor means a person who holds one of the following credentials in good standing: (i) Certified Energy Manager (CEM), certified by the Association of Energy Engineers (AEE); (ii) Certified Energy Auditor (CEA), certified by AEE; (iii) Certified Measurement and Verification Professional (CMVP), certified by AEE; (iv) High Performance Building Design Professional (HBDP), certified by ASHRAE; (v) Building Energy Assessment Professional (BEAP), certified by ASHRAE; (vi) Multifamily Building Analyst (MFBA), certified by the Building Performance Institute (BPI), for portions of a covered building that are classified by the US EPA’s Energy Star Portfolio Manager as a multifamily property type; or (vii) Registered Design Professional (RDP). Qualified generation facility. A qualified generation facility is any combined heat and power system, permitted prior to September 1, 2024, that (i) operates at a minimum annual average efficiency as established by this rule, (ii) emits levels of Nitrogen Oxide (NOx) below the limits established by this rule, (iii) is not owned by a utility, and (iv) meets the requirements of the New York City Air Pollution Control Code. Variable operating and maintenance cost. The variable operating and maintenance cost (VOM) is the total cost incurred by operating a generator, excluding fuel costs. For reporting purposes, VOM shall be $3.00 per megawatt hour (MWh).
(b)Reporting. By May 1, 2025, a building emissions report for calendar year 2024, and by May 1 of every year thereafter, except as provided in paragraph 8 of this subdivision, a building emissions report for the previous calendar year is required to be submitted to the Department by the owner of a covered building and must be submitted in accordance with the requirements of this section.
(1)Reporting tool. Energy use and emissions information for a covered building must be submitted in a form and manner as determined by the Department. Owners must maintain all documentation and information used in preparing the building emissions report for a minimum of six (6) years. Such documentation and information shall be submitted to the Department upon request.
(2)Condominium buildings. Building emissions for a covered building held in the condominium form of ownership must be submitted in a single report that includes the emissions for all condominium units in such building. Such report shall be submitted to the Department by the board of managers of such covered building.
(3)Multiple buildings that do not share energy service. Where two or more covered buildings (i) are on the same tax lot, and (ii) do not share energy service, the owner must submit individual and separate building emissions calculations for each covered building on the tax lot.
(4)Multiple buildings that share energy service. For building emissions reports for calendar years 2024 - 2029, emissions for two or more covered buildings, regardless of whether such buildings are on the same tax lot, may be included in an aggregated building emissions calculation in a single building emissions report, provided all such covered buildings share energy service.
(5)New buildings. An owner of a new covered building for which a Certificate of Occupancy or a Temporary Certificate of Occupancy is issued on or after January 1, 2023, must begin reporting for such building for the first full calendar year following the year that such Certificate of Occupancy or Temporary Certificate of Occupancy is issued.
(6)Buildings with change in ownership. Notwithstanding any other provision of this section, for any covered building for which title is transferred to a new owner during a calendar year, such new owner is not required to submit a building emissions report for such building for such calendar year, provided the new owner is a subsequent bona fide purchaser of the covered building pursuant to Department rules.
(7)Full demolition of a covered building. An owner of a covered building for which a full demolition permit has been issued is not required to submit a building emissions report for the calendar year during which demolition work has commenced, provided that, no later than May 1 of the following year, the owner submits a written certification by a registered design professional that one or more energy-related systems within such building have been compromised and legal occupancy is not possible prior to January 1 of such following year.
(8)Extension for certain income-restricted housing and other covered buildings. The reporting requirement described in the opening paragraph of subdivision b of this section is modified for certain covered buildings as follows: (i) For a covered building that has at least 1 but fewer than 35% of dwelling units required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962, as set forth in § 28-320.3.10.1 of the Administrative Code, the initial report must be submitted by May 1, 2027; (ii) For a covered building that is owned by a limited-profit housing company organized under article 2 of the private housing finance law, as set forth in § 28-320.3.9 of the Administrative Code, the initial report must be submitted by May 1, 2036; (iii) For a covered building that has at least 1 dwelling unit for which occupancy or initial occupancy is restricted based upon the income of the occupant or prospective occupant thereof as a condition of a loan, grant, tax exemption, tax abatement, or conveyance of property from any state or local governmental agency or instrumentality pursuant to the private housing finance law, the general municipal law, or section 420-c of the real property tax law, as set forth in § 28-320.3.9 of the Administrative Code, the initial report must be submitted by May 1, 2036.
(c)Occupancy groups and emissions factors. For purposes of reporting annual greenhouse gas emissions pursuant to subdivision (b) of this section, occupancy groups and emissions factors are to be identified in accordance with the provisions of this subdivision.
(i)Except as provided in subparagraph (ii) of this paragraph, for the purposes of reporting for calendar years 2024 – 2029, the following emissions factors apply to the following Energy Star Portfolio Manager (ESPM) property types: ESPM Property Type2024 – 2029 Emissions Factor in tCO2e per sfESPM Property Type2024 – 2029 Emissions Factor in tCO2e per sfAdult Education0.00758Ambulatory Surgical Center0.01181Automobile Dealership0.00675Bank Branch0.00987Bowling Alley0.00574College / University0.00987Convenience Store without Gas Station0.00675Courthouse0.00426Data Center0.02381Distribution Center0.00574Enclosed Mall0.01074Financial Office0.00846Fitness Center / Health Club / Gym0.00987Food Sales0.01181Food Service0.01181Hospital (General Medical & Surgical)0.02381Hotel0.00987K-12 School0.00675Laboratory0.02381Library0.00675Lifestyle Center0.00846Mailing Center / Post Office0.00426Manufacturing / Industrial Plant0.00758Medical Office0.01074Movie Theater0.01181Multifamily Housing0.00675Museum0.01181Non-Refrigerated Warehouse0.00426Office0.00758Other - Education0.00846Other - Entertainment / Public Assembly0.00987Other - Lodging / Residential0.00758Other - Mall0.01074Other - Public Services0.00758Other - Recreation0.00987Other - Restaurant / Bar0.02381Other - Services0.01074Other - Specialty Hospital0.02381Other - Technology / Science0.02381Outpatient Rehabilitation / Physical Therapy 0.01181Parking0.00426Performing Arts0.00846Personal Services (Health / Beauty, Dry Cleaning, etc.)0.00574Pre-school / Daycare0.00675Refrigerated Warehouse0.00987Repair Services (Vehicle, Shoe, Locksmith, etc.) 0.00426Residence Hall / Dormitory0.00758Residential Care Facility0.01138Restaurant0.01181Retail Store0.00758Self-Storage Facility0.00426Senior Care Community0.01138Social / Meeting Hall0.00987Strip Mall0.01181Supermarket / Grocery Store0.02381Transportation Terminal / Station0.00426Urgent Care / Clinic / Other Outpatient0.01181Vocational School0.00574Wholesale Club / Supercenter0.01138Worship Facility0.00574 (ii) For purposes of reporting for calendar years 2024 and 2025, an owner may utilize a building emissions intensity limit for an occupancy group set forth in § 28-320.3.1 of the Administrative Code, provided such building emissions intensity limit is greater than the emissions factor assigned pursuant to subparagraph (i) for the ESPM property type that most accurately describes the use of the building or space, as determined in accordance with paragraph (2) of this subdivision. Building emissions must be calculated in accordance with either this subparagraph or subparagraph (i) of this paragraph, and may not be calculated by using a combination of such provisions.
(iii)For the purposes of reporting for calendar years 2030 – 2034, the following emissions factors apply to the following Energy Star Portfolio Manager property types: ESPM Property Type2030 – 2034 Emissions Factor in tCO2e per sfESPM Property Type2030 – 2034 Emissions Factor in tCO2e per sfAdult Education0.003565528Ambulatory Surgical Center0.008980612Automobile Dealership0.002824097Bank Branch0.004036172Bowling Alley0.003103815College / University0.002099748Convenience Store without Gas Station0.003540032Courthouse0.001480533Data Center0.014791131Distribution Center0.000991600Enclosed Mall0.003983803Financial Office0.003697004Fitness Center / Health Club / Gym0.003946728Food Sales0.005208880Food Service0.007749414Hospital (General Medical & Surgical)0.007335204Hotel0.003850668K-12 School0.002230588Laboratory0.026029868Library0.002218412Lifestyle Center0.004705850Mailing Center / Post Office0.001980440Manufacturing / Industrial Plant0.001417030Medical Office0.002912778Movie Theater0.005395268Multifamily Housing0.003346640Museum0.005395800Non-Refrigerated Warehouse0.000883187Office0.002690852Other - Education0.002934006Other - Entertainment / Public Assembly0.002956738Other - Lodging / Residential0.001901982Other - Mall0.001928226Other - Public Services0.003808033Other - Recreation0.004479570Other - Restaurant / Bar0.008505075Other - Services0.001823381Other - Specialty Hospital0.006321819Other - Technology / Science0.010446456Outpatient Rehabilitation / Physical Therapy0.006018323Parking0.000214421Performing Arts0.002472539Personal Services (Health / Beauty, Dry Cleaning, etc.)0.004843037Pre-school / Daycare0.002362874Refrigerated Warehouse0.002852131Repair Services (Vehicle, Shoe, Locksmith, etc.)0.002210699Residence Hall / Dormitory0.002464089Residential Care Facility0.004893124Restaurant0.004038374Retail Store0.002104490Self-Storage Facility0.000611830Senior Care Community0.004410123Social / Meeting Hall0.003833108Strip Mall0.001361842Supermarket / Grocery Store0.006755190Transportation Terminal / Station0.000571669Urgent Care / Clinic / Other Outpatient0.005772375Vocational School0.004613122Wholesale Club / Supercenter0.004264962Worship Facility0.001230602 (iv) For the purposes of reporting for calendar years 2035 – 2039, the following emissions factors apply to the following Energy Star Portfolio Manager property types: ESPM Property Type2035 – 2039 Emissions Factor in tCO2e per sfESPM Property Type2035 – 2039 Emissions Factor in tCO2e per sfAdult Education0.002674146Ambulatory Surgical Center0.006735459Automobile Dealership0.002118072Bank Branch0.003027129Bowling Alley0.002327861College / University0.001236322Convenience Store without Gas Station0.002655024Courthouse0.001110400Data Center0.011093348Distribution Center0.000549637Enclosed Mall0.002987852Financial Office0.002772753Fitness Center / Health Club / Gym0.002960046Food Sales0.003906660Food Service0.005812060Hospital (General Medical & Surgical)0.004654044Hotel0.002640017K-12 School0.001488109Laboratory0.019522401Library0.001663809Lifestyle Center0.003529387Mailing Center / Post Office0.001485330Manufacturing / Industrial Plant0.000975993Medical Office0.001683565Movie Theater0.004046451Multifamily Housing0.002692183Museum0.004046850Non-Refrigerated Warehouse0.000568051Office0.001652340Other - Education0.001867699Other - Entertainment / Public Assembly0.002250122Other - Lodging / Residential0.001329089Other - Mall0.001006426Other - Public Services0.002856025Other - Recreation0.003359678Other - Restaurant / Bar0.006378806Other - Services0.001367536Other - Specialty Hospital0.004741365Other - Technology / Science0.007834842Outpatient Rehabilitation / Physical Therapy0.004513742Parking0.000104943Performing Arts0.001399345Personal Services (Health / Beauty, Dry Cleaning, etc.)0.003632278Pre-school / Daycare0.001772155Refrigerated Warehouse0.002139098Repair Services (Vehicle, Shoe, Locksmith, etc.)0.001658024Residence Hall / Dormitory0.001332459Residential Care Facility0.004027812Restaurant0.003028780Retail Store0.001216050Self-Storage Facility0.000404901Senior Care Community0.003336443Social / Meeting Hall0.002874831Strip Mall0.000600493Supermarket / Grocery Store0.004256103Transportation Terminal / Station0.000428752Urgent Care / Clinic / Other Outpatient0.004329281Vocational School0.003459842Wholesale Club / Supercenter0.003198721Worship Facility0.000866921 (v) For the purposes of reporting for calendar years 2040 – 2049, the following emissions factors apply to the following Energy Star Portfolio Manager property types: ESPM Property Type2040 – 2049 Emissions Factor in tCO2e per sfESPM Property Type2040 – 2049 Emissions Factor in tCO2e per sfAdult Education0.001782764Ambulatory Surgical Center0.004490306Automobile Dealership0.001412048Bank Branch0.002018086Bowling Alley0.001551907College / University0.000180818Convenience Store without Gas Station0.001770016Courthouse0.000740266Data Center0.007395565Distribution Center0.000123568Enclosed Mall0.001991901Financial Office0.001848502Fitness Center / Health Club / Gym0.001973364Food Sales0.002604440Food Service0.003874707Hospital (General Medical & Surgical)0.002997851Hotel0.001465772K-12 School0.000809607Laboratory0.013014934Library0.001109206Lifestyle Center0.002352925Mailing Center / Post Office0.000990220Manufacturing / Industrial Plant0.000508346Medical Office0.000407851Movie Theater0.002697634Multifamily Housing0.002052731Museum0.002697900Non-Refrigerated Warehouse0.000163152Office0.000581893Other - Education0.000839571Other - Entertainment / Public Assembly0.001355610Other - Lodging / Residential0.000762093Other - Mall0.000067983Other - Public Services0.001904017Other - Recreation0.002239785Other - Restaurant / Bar0.004252537Other - Services0.000911691Other - Specialty Hospital0.003160910Other - Technology / Science0.005223228Outpatient Rehabilitation / Physical Therapy0.003009161Parking0Performing Arts0Personal Services (Health / Beauty, Dry Cleaning, etc.)0.002421519Pre-school / Daycare0.001181437Refrigerated Warehouse0.001426066Repair Services (Vehicle, Shoe, Locksmith, etc.)0.001105349Residence Hall / Dormitory0.000528616Residential Care Facility0.002272629Restaurant0.002019187Retail Store0.000176040Self-Storage Facility0.000132282Senior Care Community0.002277912Social / Meeting Hall0.001916554Strip Mall0.000038512Supermarket / Grocery Store0.002030027Transportation Terminal / Station0.000285834Urgent Care / Clinic / Other Outpatient0.002886187Vocational School0.002306561Wholesale Club / Supercenter0.002132481Worship Facility0.000549306 (vi) For purposes of reporting for calendar years 2050 or later, an emissions factor of 0.00 applies to all Energy Star Portfolio Manager property types.
(d)Calculations. An annual building emissions report submitted pursuant to subdivision (b) of this section must be prepared using the calculation methodologies set forth in this subdivision.
(ii)Buildings with multiple occupancy groups. The building emissions limit for a covered building with multiple occupancy groups or property types must be calculated as the sum of the emissions factor for each occupancy group or property type multiplied by the floor area of each occupancy group or property type in the covered building: B = Σ lk • sk (Equation 103-14.1) Where: B = the total building emissions limit for a covered building with multiple occupancy groups. lk = the emissions factor of each given occupancy group or property type, k, as specified in Article 320 of Chapter 3 of Title 28 of the Administrative Code or in this rule, in tCO2e per square foot. sk = the total floor area in square feet of each property type or occupancy group, k, in a covered building.
2.Number four (No. 4) fuel oil combusted on the premises of a covered building shall be calculated as 0.00007529 tCO2e per kBtu. c. For any fuel type that is combusted or consumed on site, not listed in this subparagraph or § 28-320.3.1.1 of the Administrative Code and not prohibited by applicable rule or law, the owner must propose a carbon coefficient, in tCO2e per kBtu, that serves the public interest of reducing GHG emissions, to be used for calculating greenhouse gas emissions for such fuel type. Such proposed coefficient and documentation supporting such proposed coefficient shall be provided to the Department, in a form and manner determined by the Department. Such proposed carbon coefficient is subject to approval by the Department, which may alternatively assign a different coefficient for such fuel type.
1.Until such time that hourly TOU electric emissions coefficients for New York City are published by a source approved by the Department, TOU coefficient values must be calculated for each hour of each day in the calendar year being reported, as follows: TOUn = (HMn - RAMn) + gue (Equation 103-14.2) Where: TOUn = the hourly time of use electricity coefficient in tCO2e per kWh, for n, a given hour on a given day in the calendar year being reported. HMn = the hourly marginal emissions coefficient in tCO2e per kWh (see Equation 103-14.3). RAMn = the hourly rolling average marginal emissions coefficient in tCO2e per kWh (see Equation 103-14.6). gue = the GHG coefficient for utility electricity for the calendar year being reported, in tCO2e per kWh, as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph. If TOUn < 0, then TOUn = 0.
3.The hourly implied heat rate must be calculated as follows: IHRn=LBMPn - VOM(Equation 103-14.4)REn + MSPn Where: LBMPn = hourly location based marginal price, in dollars per MWh, as defined in subdivision (a) of this section. VOM = $3 per MWh (the variable operating and maintenance cost, as defined in subdivision (a) of this section. REn = Regional greenhouse gas initiative (RGGI) emissions cost, in dollars per MMBtu (see Equation 103-14.5). MSPn = Hourly marginal fuel spot price, in dollars per MMBtu. If IHRn < 5 MMBtu / MWh for a given hour n, then IHRn = 0 Btu per MWh for that hour n. If IHRn > 17 MMBtu / MWh for a given hour n, then IHRn = 17 MMBtu per MWh for that hour n.
4.The RGGI emissions costn must be calculated as follows: REn=RAn× 1.10231 US ton×gn× 1,000 kBtu(Equation 103-14.5)metric tonMMBtu Where: RAn = RGGI allowance cost, in dollar per US ton, of CO2e, as published by RGGI. gn = Greenhouse gas coefficient for the marginal fuel at a given hour, in tCO2e per kBtu.
5.The hourly rolling average marginal emissions must be calculated as follows: RAMn=(Equation 103-14.6) Where: HMi = hourly marginal emissions coefficient, in tCO2e per kWh (see Equation 103-14.3). HLFi = the hourly load forecast, which is the day-ahead load projection, published by the New York State Independent System Operator (NYISO) as the day-ahead zonal forecast for New York City, in MW.
(iv)Greenhouse gas coefficient for campus-style electric systems. The greenhouse gas coefficient for electricity generated by a campus-style electric system, where electricity consumed by any covered building served by such system is generated in whole or in part on the premises of the campus, must be calculated in accordance with this subparagraph (iv). a. The GHG coefficient for electricity generated by the campus-style electric system, must be calculated as follows: gce=Σn (mn • gn)(Equation 103-14.7)mce Where: gce = the on-site campus generated electricity GHG coefficient in tCO2e per kWh. mn = the plant input energy for each energy source consumed, n, in kBtu. gn = the GHG coefficient for each plant input energy source, n, in tCO2e per kBtu as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph. mce = the total electricity consumed by buildings and other campus loads from the campus-style electric system, in kWh, during the year being reported, including any electricity delivered into the utility grid, provided that such electricity delivered into the utility grid results in lower GHG emissions than grid purchased electricity. b. Where a covered building consumes electricity generated by the campus-style electric system and also consumes utility electricity, the combined GHG coefficient for campus electricity must be calculated as follows: ge=(mue • gue) + (mce • gce)(Equation 103-14.8)mue + mce Where: ge = the GHG coefficient for electricity generated by a campus-style electric system on-site, in tCO2e per kWh. mue = the total electricity consumed by buildings and other campus loads from the utility grid, in kWh. gue = the GHG coefficient for utility electricity, in tCO2e per kWh, provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph. mce = the electricity consumed by buildings and other campus loads from the campus-style electric system, in kWh, excluding any electricity delivered into the utility grid. gce = the on-site campus generated electricity GHG coefficient in tCO2e per kWh (see Equation 103-14.7). c. Where electricity consumed by any covered building on the campus is generated on the site of the campus, and the owner elects to calculate emissions from such electricity based on time of use (TOU), the GHG coefficient shall be calculated as follows: ge=(Σh (meuh • gTOU)h) + (mce • gce)(Equation 103-14.9)mue + mce Where: ge = the GHG coefficient for electricity generated by a campus-style electric system on-site, in tCO2e per kWh. meuh = the hourly electricity consumed by buildings and other campus loads from the utility grid, in kWh. gTOU = the hourly TOU GHG coefficient, as calculated in accordance with subparagraph (iii) of this paragraph for the calendar year being reported, in tCO2e per kWh. mce = the electricity consumed by buildings and other campus loads from the campus- style electric system, in kWh, including any electricity delivered into the utility grid, provided that such electricity delivered into the utility grid results in lower GHG emissions than grid purchased electricity, see Equation 103-14.7. gce = the on-site campus generated electricity GHG coefficient in tCO2e per kWh, see Equation 103-14.7. mue = the total electricity consumed by buildings and other campus loads from the utility grid, in kWh, see Equation 103-14.8.
(v)Greenhouse gas coefficients for certain campus-style energy systems. Notwithstanding any other provision of this section, the GHG coefficient for energy generated by a campus-style energy system must be calculated in accordance with this subparagraph (v). Such energy may include district heating and cooling or other district energy. a. The GHG coefficient for each type of campus energy resource that is generated by a system or equipment in a campus central plant and consumed by a covered building shall account for the plant input energy utilized by such plant to generate and deliver such campus energy resource. Such systems or equipment in a campus central plant may include, but need not be limited to, prime generators, such as boilers, chillers, and cooling towers; ancillary equipment, such as pumps and fans; and associated controls. Any energy generated by any such system or equipment that serves a single building shall not be included in the input energy for the campus-style energy system and shall be considered part of the energy use of the covered building it is serving. Any plant input energy recovered by the campus-style energy system from any other plant energy source on campus and included in the calculation of the emissions coefficient for such other central plant energy source may be assigned an emissions coefficient of zero for purposes of calculating the GHG coefficient for a campus energy resource generated by the campus-style energy system. b. Calculations.
(vi)GHG coefficients for distributed energy resources. For the purposes of this subparagraph, all distributed energy resources must be separately metered or sub-metered in a manner that produces data for the year being reported. Notwithstanding any other provision of this section, the GHG coefficient for the distributed energy resources described in this subparagraph may be determined as follows: a. GHG coefficient for certain distributed energy resources. Except as provided in clause b, c, d or e of this subparagraph, the GHG coefficient for energy generated by distributed energy resources, such as microturbines, combined heat and power generation, and fuel cells, including natural gas-powered fuel cells that commenced operation on or after January 19, 2023, shall be determined in accordance with subparagraph (i) or (ii) of this paragraph, for the energy source used to generate the energy for such distributed energy resource and the calendar year being reported. Where an owner chooses to utilize a utility electricity GHG coefficient based on TOU to account for operation of distributed energy resources, such owner must use a TOU coefficient for all utility electricity consumption for their reporting. b. Greenhouse gas coefficient for subscription to off-site solar energy generation.
(vii)GHG Coefficient for beneficial electrification. For each building emissions report required pursuant to § 28-320.3.7 of the Administrative Code, the beneficial electrification coefficient for qualifying electrical equipment and systems meeting the definition of beneficial electrification shall be as established herein. Such coefficient may be modified by the department as necessary. a. Equipment installed and operating between January 1, 2027, and December 31, 2029, shall be -0.00065 tCO2e/kWh. b. Equipment installed and operating prior to January 1, 2027, shall be -0.0013 tCO2e/kWh.
(e)Deductions from reported annual building emissions. Deductions from the total annual emissions for a covered building are authorized in accordance with this subdivision (e).
(viii)The fund administrator will maintain a registry to track each offset purchase, the assignment of each offset to a specific project, the retirement of each offset, and the emissions reductions corresponding to each offset.
(f)Adjustments. An adjustment to the annual building emissions limits for a covered building may be requested by an owner in accordance with Article 320 of Chapter 3 of Title 28 of the Administrative Code and this subdivision.
(g)Penalty for failing to file a building emissions report. An owner of a covered building shall be liable for a civil penalty for failing to file a building emissions report within 60 days of the reporting deadline or by the date of any extension deadline granted by the Department pursuant to this rule.
(h)Penalty for exceeding building emissions limits. An owner of a covered building shall be liable for a civil penalty for exceeding the building emissions limits established for a calendar year pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder. Such penalty shall be an amount equal to the difference between the building emissions limit established for a calendar year and the actual emissions reported for such calendar year in the building emissions report, multiplied by $268.
(j)Enforcement. Notwithstanding any other provision of the Department’s rules, an owner not in compliance with the requirements of Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder will be liable for a penalty calculated as described herein that may be recovered in a proceeding before the Office of Administrative Trials and Hearings (OATH) governed by OATH's rules of practice and procedure pursuant to Title 48 of the Rules of the City of New York.
