New York

In 2005 New York City passed a law (Local Law No. 86) making a variety of green building and energy efficiency requirements for municipal buildings and other projects funded with money from the city treasury. The building requirements (described in detail below) apply to new construction, building additions, and substantial reconstructions of existing buildings. Substantial reconstruction is defined as a capital project that involves construction work affecting at least 50% of the floor area or that involves rehabilitation work in at least two of the three major building systems (HVAC, electrical, plumbing). The construction cost values below are adjusted annually for inflation. Program regulations were adopted in 2007 and then amended slightly in 2009 to reference updated green building rating standards. In June 2011 the Mayor issued Executive Order No.149 allowing the Mayor's Office of Environmental Coordination (MOEC) to evaluate developments affecting the green buildings industry and based on these developments, promulgate rules that increase the stringency of the current standards or expand the types of capital projects subject to the standards.

A series of additional laws enacted in 2009 make further requirements for publicly- and privately-owned existing buildings. Click here to view a summary of what these laws require.

General Specifications

• All new municipal construction or major reconstruction projects with an estimated capital cost of more than $2 million, except schools and hospitals, must meet LEED Silver certification standards.
• Non-municipal projects meeting the above criteria and receiving at least 50% of project costs or $10 million from the city treasury must also meet LEED Silver certification standards
• School and hospital projects meeting the above criteria need only meet LEED certification standards.
• Projects with an estimated construction cost of $12 million - $30 million, schools excluded, must achieve an energy cost reduction of 20% above LEED Credit EA1 or the New York State Energy Construction Code (ECCCNYS), whichever is more stringent; and achieve an additional 5% energy cost reduction if the payback period is less than 7 years.
• Projects with an estimated construction cost of more than $30 million, schools excluded, must achieve an energy cost reduction of 25% above LEED Credit EA1 or ECCCNYS, whichever is more stringent; and achieve a further energy cost reduction of 5-10% if the payback period is less than 7 years.
• School projects with a construction cost of more than $12 million must achieve energy cost reductions of 20% above LEED Credit EA1 or the ECCCNYS, whichever is more stringent; and achieve a further energy cost reduction of 5-10% if the payback period is less than 7 years.

Project Specific Requirements: These apply in cases where the general requirements are not triggered.

• Capital projects involving the installation or replacement of a boiler with an estimated construction cost of $2 million or more, or lighting with an estimated cost of $1 million or more, must be designed and constructed to reduce energy use by at least 10% above LEED Credit EA1 or the ECCCNYS, whichever is more stringent.
• Each capital project, other than those covered by the preceding clause, that involves the installation or replacement of HVAC comfort controls with an estimated cost of $2 million or more must be designed and installed to reduce energy costs by 5% above LEED Credit EA1 or ECCCNYS, whichever is more stringent.

The green building requirements described above do not apply to occupancies zoned as high hazard (A), industrial (D-1,-2), stadiums (F-2), prisons (H-1), residential (J-1,-2,-3), or sheds (K). A physical LEED certification rating is only required if the project cost amounts to more than 50% of the capital dollars allocated to an agency during the fiscal year. The mayor may exempt a capital project from any or all of the above requirements, however, such exemptions may not amount to more than 20% of capital spending in a given fiscal year. This program went into effect in January 2007 and the program web site listed at the top of this page contains annual reports on its implementation.

Supplementing the green building program, New York City also has a policy for the purchase of energy efficient products by city agencies. Local Law No. 119 of 2005 (effective January 2007) directs that purchase solicitations from city entities include a specification that products be EPA Energy Star certified if Energy Star standards exist. In addition the law also specifically forbids the purchase of incandescent light bulbs if an equally usable more efficiency alternative is available, directs all office equipment with energy management software be calibrated to achieve the highest savings practical, and directs that screen savers which disrupt low-power mode on computer monitors be disabled. Click here for further information on this and other aspects of New York City's environmentally preferable procurement policy.