Lighting System Upgrades & Sub-meter Installation

Local Law 88 as amended, requires owners of certain buildings to make upgrades to lighting power allowances and controls, in accordance with the requirements of Article 310 of Chapter 3 of Title 28 of the NYC Administrative Code; and to install electrical sub-meters in covered tenant spaces, in accordance with the requirements of Article 311 of Chapter 3 of Title 38 of the NYC Administrative Code

What is a covered building?

 As it appears in the records of the Department of Finance:
(i) a building that exceeds 25,000 gross square feet (2323 m²)
(ii) two or more buildings on the same tax lot that together exceed 100,000 gross square feet (9290 m²); or
(iii) two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet (9290 m²)

What is a covered tenant space?

(i) A tenant space larger than 5,000 gross square feet (465 m²) on one or more floors of a covered building let or sublet to the same person

or

(ii) a floor, of a covered building, larger than 5,000 gross square feet (465 m²) consisting of tenant spaces let or sublet to two or more different persons.

Exceptions for Compliance

• The term covered building does not include:
  • one-, two- or three-family homes, or real property classified as class one pursuant to subdivision one of section 1802 of the real property tax law; or
  • Real property, not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than two dwelling units, as certified by a registered design professional to the department.
• No lighting system upgrade is required for:
  • (i) an element of a lighting system that is in compliance with the standards of the New York City Energy Conservation Code (NYCECC) and/or applicable standards referenced in such Code as in effect for new systems installed on or after July 1, 2010; or
  • (ii) lighting power densities in any space bounded by permanent floor-to-ceiling partitions and/or closable doors that are in compliance with the standards of the NYCECC and/or applicable standards referenced in such Code as in effect for new systems installed on or after July 1, 2010.
• No lighting system upgrade is required for the lighting system within dwelling units classified in occupancy group R-2 or R-3.
• No lighting system upgrade is required for the lighting system within a space classified in occupancy group A-3 that is within a house of worship.
• No sub-meter installation is required for a covered tenant space for which the electrical consumption within such space is measured by a meter dedicated exclusively to that space.

Required Lighting Upgrades

No later than January 1, 2025, lighting systems in covered buildings shall be in compliance with the standards for new systems as set forth in the NYCECC, as of the date of installation. Learn more about the NYCECC.

Required sub-meter installation

On and after January 1, 2025, the electrical consumption of each covered tenant space shall be measured by one or more sub-meters. Tenants or subtenants within a covered tenant space that has a sub-meter(s) to measure electrical consumption shall be provided with monthly statements as outlined in the Code.

Who can do this work?

Lighting upgrades and sub-meter installations must be certified to the department by a registered design professional or a licensed master or special electrician certifying that such upgrade/installation has been completed and that the work is in compliance with the technical standards of the NYCECC.