§ 103-17 Energy Conservation Measure Requirements for Certain Buildings.
RCNY § 103-17
(a)Definitions. Terms defined in Article 321 of Title 28 of the Administrative Code of the City of New York have the same meanings in this section. For the purposes of this section, the following terms have the following meanings: 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. Qualified retro-commissioning (RCx) agent. A qualified RCx agent is a retro-commissioning agent who is not on the staff of the building being inspected and who holds one of the following credentials in good standing: (1) Certified Commissioning Professional certified by the Building Commissioning Association; (2) Certified Building Commissioning Professional certified by the Association of Energy Engineers (AEE); (3) Existing Building Commissioning Professional as certified by the AEE; (4) Commissioning Process Management Professional certified by American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE); (5) Accredited Commissioning Process Authority Professional approved by the University of Wisconsin; (6) Certified Commissioning Authority certified by the Associated Air Balance Council Commissioning Group; (7) Building Commissioning Professional certified by ASHRAE; (8) Commissioning Process Professional certified by National Environmental Balancing Bureau (NEBB); (9) Technical Retro-Commissioning Certified Professional certified by NEBB; (10) Building Systems Commissioning Professional certified by NEBB; or (11) Registered Design Professional.
(b)Required report for certain buildings. No later than May 1, 2025, the owner of a covered building must submit a report, in a form and manner determined by the Department, in accordance with § 28-321.3 of the Administrative Code, demonstrating compliance with either paragraph (1) or paragraph (2) of this subdivision. Where an owner has multiple covered buildings on a lot, such owner may choose to provide a separate report for each such covered building on the lot, or a single report pursuant to either § 28-321.3.1 or § 28-321.3.2 of the Administrative Code for all such covered buildings on the lot. Where buildings share an energy system, such buildings must be reported in a single report pursuant to the same section of the Administrative Code. Two or more covered buildings located on adjacent but separate tax lots may be included in a single report pursuant to the same section of the Administrative Code, provided all such covered buildings share energy service.
(1)Energy compliant buildings report. To demonstrate compliance with this subdivision the owner of a covered building may submit a building emissions report, certified by a registered design professional, in accordance with § 28-321.3.1 of the Administrative Code, this paragraph, and 1 RCNY § 103-14, that for calendar year 2024 such covered building was in compliance with the applicable building emissions limit established pursuant to § 28-320.3.2 of the Administrative Code. The report must include: (i) Building address(es); (ii) Building owner and contact information; (iii) Name of the registered design professional certifying the report; and (iv) Energy use and emissions information for such covered building calculated as if such building were a covered building as defined in Article 320 of Title 28 of the Administrative Code and 1 RCNY § 103-14.
(2)Prescriptive energy conservation measures (PECMs) report. To demonstrate compliance with this subdivision the owner of a covered building may submit a report, certified by a qualified RCx agent, in accordance with this section and § 28-321.3.2 of the Administrative Code, demonstrating that each applicable PECM identified in § 28-321.2.2 of the Administrative Code was fully implemented at the covered building prior to January 1, 2025. The RCx agent must maintain all documentation and information used in preparing such report, including records of inspections conducted, for a minimum of 6 years. Such documentation and information must be submitted to the Department upon request. The report required by this paragraph must include: (i) Building address(es); (ii) Building owner and contact information; (iii) Name, affiliation, contact information, experience, and relevant certifications for the qualified RCx agent and supervised staff performing the PECM inspections; (iv) Name, affiliation, and contact information for the facility manager for the building; (v) For each building, an inventory of all HVAC equipment, domestic hot water equipment, electrical equipment, lighting, and conveyance equipment serving the building, including the date of installation of such equipment. Where applicable, the report must indicate where equipment serves multiple buildings; and (vi) For each PECM, documentation as required in subdivision (c) of this section.
(c)Inspection and documentation for prescriptive energy conservation measures. PECMs must be inspected and documented by the RCx agent in accordance with this subdivision. Documentation of such inspection required by this subdivision must be included with the PECM report required by subdivision (b) of this section.
(i)Inspection: The RCx agent must examine the temperature set points for heat and hot water systems in the building. All systems serving multifamily dwelling units must be set to the requirements of the Housing Maintenance Code.
(ii)Documentation: An attestation by the RCx agent certifying completion of such PECM.
(3)Heating system function.
(4)Temperature controls or enclosures for radiators.
(5)Piping insulation.
(6)Steam and hot water tank insulation.
(7)Indoor/outdoor temperature sensors.
(8)Functioning steam traps.
(9)Steam system venting.
(10)Upgrade lighting.
(11)Building envelope.
(12)Exhaust fan timers.
(13)Radiant barriers.
(d)Penalty for failure to file a report. An owner of a covered building shall be liable for a civil penalty for failing to file a report in accordance with § 28-321.3 of the Administrative Code and subdivision (b) of this section within 60 days of the reporting deadline or by any extension deadline granted by the Department.
(e)Penalty for failure to demonstrate energy conservation measures as required in § 28-321.2 of the Administrative Code. An owner of a covered building shall be liable for a civil penalty of $10,000 per covered building for failing to demonstrate either: (1) Pursuant to § 28-321.2.1 of the Administrative Code, for calendar year 2024, the annual building emissions of such covered building did not exceed what the applicable annual building emissions limit would be in 2030 pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder if such building were a covered building as defined in such Article 320; or (2) Pursuant to § 28-321.2.2 of the Administrative Code, the prescriptive energy conservation measures, as applicable, were fully implemented by December 31, 2024.
(f)Mitigated penalties. An owner not in compliance with this section may be eligible for a mitigated penalty as specified in 1 RCNY § 102-01 and this subdivision.
(g)Mediated resolution.
