Processing Frequently Asked Questions

Please check the Local Law 97 (LL97) Covered Buildings List (CBL).

Note: This list is intended only as a reference for building owners to consider in consultation with legal representatives and RDPs.

Please check the Local Law 88 (LL88) Covered Buildings List (CBL).

Note: This list is intended only as a reference for building owners to consider in consultation with legal representatives and RDPs.

Please check the Local Law 84 (LL84) Covered Buildings List (CBL).

Note: This list is intended only as a reference for building owners to consider in consultation with legal representatives and RDPs.

The deadline to submit this year’s LL97 compliance report is May 1, 2025, with an automatic 60-day grace period through June 30, 2025. Building owners also have until June 30, 2025, to apply in BEAM for an extension to extend the reporting deadline to August 29, 2025.

Owners do not need to demonstrate a contract has been executed by a particular date to apply for the extension. With the launch of the portal, the period to submit LL97 compliance reports is effectively six months, between March 3 and August 29 with the extension.

For additional information, please see the March 3, 2025, Local Law 97 of 2019 Reporting Portal Officially Launches – Opening Greenhouse Gas Emissions Compliance Reporting Window Service Notice.

Multiple buildings can file a single report if they have the same owner, are on the same or adjacent BBLs, share energy systems, and have the same compliance pathway. The same applies to extension requests.

The deadline for submission of all tickets is the same. If an owner applies for the August 29 extension, that applies to the submission of compliance tickets as well as penalty mitigation tickets.

DOB NOW Safety, Energy Star Portfolio Manager (ESPM) and Building Energy Analysis Manager (BEAM).

For the first reporting year, while a CBL dispute is pending, BINs/BBLs used for DOB NOW filing fee payments, ESPM and BEAM account set up must match the LL97 CBL.

CBL disputes correcting the BIN/BBL or the number of BINs/BBLs associated with your property will be incorporated after this year’s reports are submitted.

Here is how to enter data **(BIN(s) and BBL(s)) in ESPM for this first reporting year:**

• If you have a single building with multiple BINs on the LL97 CBL and at least one BIN is active:
  • Report on one active BIN (and disregard all other BIN(s))
• If you have a single building with no active BIN(s) on the LL97 CBL
  • Report using one BIN, which you believe to be the correct and disregard all other BIN(s)

You must submit a CBL dispute explaining the above. Upon acceptance of your CBL dispute, **the updated BIN and/or BBL will need to be incorporated into your building’s ESPM property profile before importing any ESPM data into BEAM.** Your ESPM data will only upload to BEAM if the BBL/BIN associated with your building in ESPM are the same as the BBL/BIN in BEAM, and the BBL/BIN in BEAM will be the information on the LL97 CBL until your CBL dispute is approved.

If you have an active CBL Dispute regarding your compliance pathway, you should submit your report based on the compliance pathway you believe is correct, as asserted in your dispute. For reporting year 2024, no penalty will be issued for failure to report if you’ve submitted a report based on the above and your CBL Dispute is denied.

Follow the pathway that you believe is correct, if you believe the building should be removed from the CBL and you have an open dispute with DOF, then you do not need to file a report. For reporting year 2024, no penalty will be issued for failure to report if you’ve submitted a report based on the above and your CBL Dispute is denied.

If you have an active CBL Dispute regarding your compliance pathway, you should submit your report based on the compliance pathway you believe is correct, as asserted in your dispute. For reporting year 2024, no penalty will be issued for failure to report if you’ve submitted a report based on the above and your CBL Dispute is denied.

Buildings listed on the LL97 CBL as CP4 (City Portfolio Reductions §28-320.1), are not required to submit a LL97 report with the Department of Buildings but should be in contact with the New York City Department of Citywide Administrative Services (DCAS) to confirm reporting requirements.

For LL88 compliance, if a building is listed on the LL88 CBL, then they must report with the Department of Buildings.

If you believe your building is listed under the wrong compliance pathway, BEAM ticket 01. Covered Buildings List (CBL) Disputes may be used to dispute the inclusion or exclusion of a building on the LL97 CBL, LL84 CBL, LL87 CBL, and LL88 CBL.

Where a single building has multiple BINs, filing should be submitted for one BIN only – there is no need to file multiple times for each BIN. Additionally, a single building should not be filed as a campus.

The building owner and/or the service provider should use their discretion to choose a BIN that they believe to be appropriate. You should report on an active BIN, if listed on the LL97 CBL. Any obsolete BINs listed on the LL97 CBL should be identified in the CBL dispute ticket and not used as the BIN for reporting, unless it is the only BIN listed for that building on the CBL (in this case, the BIN will be updated for future reporting years).

Depending on which definition of “covered building” is applicable for the building in question, the following DOB NOW filing fees would apply:
Article 320:

• “Article 320 Simple Report”, if “none” is selected: $210.00 filing fee
  
• “Annual building emissions report” includes:
  
  • “Article 320 Complex Report”, if any (you may select more than one) of the items below are selected: $615.00 filing fee.
    
    • Shares Energy Service (not applicable for a single building) or
      
    • Time of Use Methodology or
      
    • Distributed Energy Resources (i.e., solar, storage, fuel cell) or
      
    • Beneficial Electrification or
      
    • Qualified generation facilities or
      
    • None (only for Article 320 Simple Report)
      

Article 321:

• “Compliance Report - Energy Compliant Building or Prescriptive Energy
  Conservation Measures” includes:
  
  • Performance-based pathway showing compliance with 2030 emissions limits ($210.00 filing fee) OR
    
  • Prescriptive pathway demonstrating installation of Prescriptive Energy Conservation Measures (PECMs) ($210.00 filing fee)
    

Note, there are additional fees if your building is applying for a 320.7 adjustment or penalty mitigation.

Combined reports (also known as a “single report”) are when multiple buildings report together under a single filing fee. According to 1 RCNY §103-14(b)(4) and 1 RCNY §103-17(b), combined reports are possible when buildings:

1. have the same owner.
   
2. are on the same lot or adjacent lots; and
   
3. follow the same LL97 compliance pathway.
   

Note, combined reports are applicable for the initial compliance period (CY2024-29) only. If the buildings do not share energy service, the combined report must show separate emissions / emissions limit calculations for each building, with compliance assessed individually.

For additional information on “combined reports”, please see the Article 320 Information Guide, Article 321 Filing Guide and Combined Reports presentation.

Aggregate calculations may be used in a “combined report” only if the buildings share energy service. If the building share energy service, it is permissible to aggregate the emissions / emissions limit calculations into a total number, with compliance assessed as though the group of buildings is one big building.

For additional information on “combined reports”, please see the Article 320 Information Guide, Article 321 Filing Guide and Combined Reports presentation.

All buildings listed on the LL97 Covered Buildings List are required to submit a LL97 report through the BEAM reporting platform.

Combined reports must still show separate calculations for each building’s emissions and emissions limit calculations, UNLESS the buildings also share energy service, in which case such buildings’ emissions and emissions limit calculations may be aggregated.

If the buildings do not share energy services and you are not filing aggregated emissions calculations, please submit BEAM ticket 04. LL97 Building Emissions Limit & RDP Attestation (Article 320) for each building. If the buildings are filing together as an aggregate submission, please submit BEAM ticket 15. Aggregate Emissions and Emissions Limit Attestation for aggregated emissions report.

Please reach out to BEAM_LL97@buildings.nyc.gov so we may review your specific building scenario.

For additional information, please see the Article 320 Information Guide and Combined Reports presentation.

Yes, you must pay for a “complex report” in DOB NOW if your campus shares energy with buildings that are not on the CBL. The DOB NOW filling fee for a “Article 320 Complex Report” is $615.00.

LL88 penalties are assessed per BIN.

Estimated utility consumption data is acceptable for LL84 and LL97 submissions.

While these estimates may be automatically updated to actual values at any time, the Bureau will consider the data final for assessment purposes as of the report submission date.

Con Edison will automatically notify Building Energy Usage Portal (BEUP) customers via email when an estimated consumption value is updated to an actual value. No further action is required from the customer when an estimate is updated unless a property experiences a significant change in consumption data (> 10%). In that case, building owners will be required to submit supporting documentation from Con Edison verifying the data update. Please send any such correspondence to BEAM_LL97@buildings.nyc.gov with the subject line: “Con Edison Estimated Data Update.”.

Step #1: DOB NOW SAFETY:

• Create a DOB NOW account, if one does not already exist.
• Once you are logged in to the DOB NOW filing fee payment portal, complete all applicable questions and pay applicable LL97 DOB NOW Filing Fee (Data transfers to BEAM nightly).
• For more details on this process, including creating an account, please refer to the DOB NOW User Guide.
• Note(s):
  • If you pay via e-check, the payment must clear before you can view your building in BEAM, which can take up to 10 business days.
    
  • “Pre-filing” applications will not be transferred to BEAM. Please make sure to hit submit in DOB NOW.

Step #2: Energy Star Portfolio Manager (ESPM):

• Create an ESPM account, if one does not already exist.
• Share ESPM Property Information with NYCGOVLL84 (Data transfers to BEAM nightly).
• For more details on this process, including creating an account, please refer to the ESPM User Guide.
  

Step #3: Building Energy Analysis Manager (BEAM) Reporting Portal.

• Create a BEAM account, using the email address(es) entered in DOB NOW.
  
• Confirm Information in the Building Inventory & Submit applicable LL97 ticket.
  
• For more details on this process, including creating an account, please refer to the BEAM User Guide.

Once a LL97 payment is made through DOB NOW and the ESPM data is shared with NYCGOVLL84, the information tied to the Borough-Block-Lot (BBL) and Building Identification Number (BIN) will populate in the BEAM Reporting Portal under the building inventory.

The three email addresses entered in DOB NOW will be the only ones initially authorized to view the building profile in the BEAM Reporting Portal. Once the building owner is in BEAM, they can use “Submit a 14. BEAM Account Update Users” ticket to add additional users.

Please note that the process related to the three portals involve multiple steps, with data transfers that do not happen automatically. Keep in mind that any issues, such as difficulties with account creation or data entry errors, may result in delays.

If you have successfully completed steps 1, 2 & 3 outlined above, you will be able to review the building’s data in the building inventory. Once you view the information, then determine which ticket to select, complete the necessary information in the ticket (including the DOB NOW payment confirmation number), and submit the relevant BEAM ticket. The Department will communicate any comments with your submission through the BEAM portal.

The DOB NOW system is currently limited to 75 BINs per transaction. Please note, this is an update from the previous limitation of 25 BINs per transaction.

Please contact BEAM_LL97@buildings.nyc.gov, so we may review your specific scenario.

This feature is currently not built into the DOB NOW system.

If you are having difficulty viewing your payments in DOB NOW, please contact BEAM_LL97@buildings.nyc.gov, so we may work with you to provide this information.

For buildings that are filing for both LL88 and LL97 in 2025, only a LL97 fee payment is required. The LL97 Payment Confirmation number should be used in BEAM to file the LL88 report.

For buildings that are filing only for LL88 in 2025, only a LL88 fee payment is required. The filing fee for LL88 (Article 310 & Article 311) is $115.00. For additional information on the LL88 reporting process please review the LL88 Sub-Metering (Article 311) User Guide and LL88 Lighting (Article 310) User Guide.

A “simple report” pertains to an individual building with a single Building Identification Number (BIN) reporting compliance with the annual GHG emissions limit pursuant to Article 320 of LL97. This report does not include any deductions and alternatives for calculating annual building emissions.

The DOB NOW filling fee for a “simple report”(also known as “annual building emissions report (28-320.3.7; RCNY 103-14(b)))” is $210.00.

To file a “simple report” in BEAM, please review, complete, and submit ticket 04. LL97 Building Emissions Limit & RDP Attestation (Article 320).

A “complex report” pertains to an individual building with a single Building Identification Number (BIN) and includes deductions, alternative coefficients, or alternative methodologies for calculating annual building emissions:

Deductions:

• Distributed Energy Resources
  • onsite solar, offsite solar, onsite storage, or offsite storage
• Fuel Cells (Pre 1/19/2023)
• Beneficial Electrification (metered or deemed)

Alternative Coefficients:

• Shared Energy System (campus style system or campus style electric-system)
• Time of Use Methodology (Fuel Cells: Post 1/19/2023)
• Biofuel or alternative fuel.

Alternative Methodology:

• Cogeneration (permitted prior 9/1/2024)

The DOB NOW filling fee for a “Article 320 Complex Report” is $615.00.

To file a “Article 320 Complex Report” in BEAM, please review, complete and, submit ticket 04. LL97 Building Emissions Limit & RDP Attestation (Article 320) and then ticket 06. LL97 Deductions and Alternatives to Calculating Annual Building Emissions (Article 320 and Article 321).

Note, submitting a combined report will also trigger the "Complex Reports" filing fee of $615.

There are two options:

Option #1: Pay two separate transactions in DOB NOW.

• “Article 320 Annual building emissions report” (Simple or Complex filing fee) &
• “Article 320 Good Faith Efforts”

Option #2: Pay one single transaction in DOB NOW, selecting both the Article 320 Annual building emissions report” (Simple or Complex filing fee) and “Article 320 Good Faith Efforts”.

Buildings with Electric Vehicle (EV) Charger or Cell Tower Projects deductions should file an Article 320 “Simple Report” ($210.00 filing fee) in DOB NOW and submit ticket 04. LL97 Building Emissions Limit & RDP Attestation (Article 320) and then ticket 06. LL97 Deductions and Alternatives to Calculating Annual Building Emissions (Article 320 and Article 321) in BEAM.

A “LL97 Compliance Report (Article 321)” refers to covered buildings as defined by Article 321 and can demonstrate compliance with either:

• §28-321.2.1, Energy compliant buildings (Performance-based pathway showing compliance with 2030 emissions limits), OR
• §28-321.2.2 Prescriptive Energy Conservation Measures (Prescriptive pathway demonstrating installation of PECMs).

The DOB NOW filling fee for a “LL97 Compliance Report (Article 321)” (also known as “Compliance Report - Energy Compliant Building or Prescriptive Energy Conservation Measures (28-321.3; RCNY 103-17(b)(1)))” is $210.00.

To file “LL97 Compliance Report (Article 321)” in BEAM, please submit ticket 05. LL97 Compliance Report (Article 321). If “Performance-based pathway via 2030 emissions limits” is selected and deductions and alternatives are applicable, please also submit ticket “06. LL97 Deductions and Alternatives to Calculating Annual Building Emissions (Article 320 and Article 321).”

Yes, deductions and alternatives are only applicable to buildings submitting “Article 321 Compliance Report - Energy Compliant Building” (2030 emissions limits) reports. In BEAM, first submit ticket 05. LL97 Compliance Report (Article 321) and then submit ticket 06. LL97 Deductions and Alternatives to Calculating Annual Building Emissions (Article 320 and Article 321). You may enter the DOB NOW payment confirmation number associated with your Article 321 “Compliance Report - Energy Compliant Building” fee in the BEAM deductions ticket.

The standard LL97 filing fee for a “Article 321 Compliance Report - Energy Compliant Building” (2030 emissions limits) that includes deductions and alternatives to calculating annual building emissions, is $210.00. There is no additional DOB NOW filing fee.

There are two option:

Option #1: Pay two separate transactions in DOB NOW.

• “Article 321 Compliance Report - Energy Compliant Building or Prescriptive Energy Conservation Measures” &
• “Article 321 Mediated Resolution”

Option #2: Pay one single transaction in DOB NOW, selecting both the “Article 321 Compliance Report - Energy Compliant Building or Prescriptive Energy Conservation Measures” and “Article 321 Mediated Resolution”.

The following owner types are fee exempt:

1. Buildings owned by a not-for-profit corporation that are used exclusively for educational, charitable, and/or religious purposes, OR
2. Buildings owned by a Federal, State, City, or foreign government.

While the fee-exempt owner types in the DOB NOW LL97 and LL88 filling fee portal are exempt from payment, they still must complete all applicable DOB NOW filing fee steps for the BBL in question. By accessing the DOB NOW system and completing these steps, they will acquire the Payment Confirmation Number to be entered in the BEAM Reporting Portal.

Please note, if a fee exempt owner type is selected, the NYC Department of Finance Property Information must indicate that the Tentative or Final Assessment Roll assessed value is zero. Go to nyc.gov/nycproperty to print proof of exemption and upload it in the Reporting Portal with your report.

To demonstrate exemption from the DOB filing fees, please review, complete and submit ticket 13. Verify Fee Exempt Status in BEAM.

First you must pay the applicable LL97 compliance report filing fee in DOB NOW and submit the applicable BEAM ticket. Then in a separate DOB NOW transaction please select the following:

1. "No" for Will you be filing a compliance report in the LL97 Reporting Portal?
2. "No" for Are you submitting a 120-day extension request to file a compliance report in the LL97 Reporting Portal?
3. "Yes" for Will you be filing an Article 320.7 adjustment application in the LL97 Reporting Portal?

Filing fees for application for adjustment to the annual building emissions limit pursuant to 28-320.7 include:

• External constraints pursuant to RCNY § 103-12(b): $3,540
• Financial constraints pursuant to RCNY § 103-12(c)(3): $690
• Financial constraints pursuant to RCNY § 103-12(c)(4): $300

To file for a 320.7 Adjustment in BEAM, please first complete and submit the applicable LL97 compliance report BEAM ticket and then complete and submit ticket 10. LL97 Application for §320.7 Adjustment (Article 320 and Article 321).

If your ESPM data is not connecting to BEAM, it is because there are errors related to the Borough, Block and Lot (BBL) or Building Identification Number (BIN):

• Missing Standard ID – Both BBL and BIN must be included in the Standard IDs section on ESPM. If you do not know your BBL or BIN, please look it up on the Local Law 97 Covered Buildings List.
• Incorrect Format - BBLs must be 10 numerical digits, including any leading zeros for the block and lot (i.e. 1012340678). BINs must be 7 numerical digits (i.e. 1234567). Multiple BINs or BBLs must be separated by semicolon. There should be no dashes, spaces, or other characters within the digits.
• Incorrect BIN or BBL number - Your BBL and BIN must match the BBL and BIN listed in the Local Law 97 Covered Buildings List. If you have verified the BBL and BIN matches the CBL, please check for typographical errors. If you believe your BBL and BIN are not on the LL97 CBL, please email BEAM_LL97@buildings.nyc.gov.

If you have confirmed that these errors are not applicable to your ESPM account, please email BEAM_LL97@buildings.nyc.gov.

Please contact BEAM_LL97@buildings.nyc.gov, so we may review your specific scenario.

While Benchmarking data is not needed for LL88 compliance, it is required for LL97 compliance.

For a receipt of timely submission, the ESPM data must successfully transfer into the BEAM platform.

To ensure that your property meets the benchmarking requirements, please share your property with the City in Energy Star Portfolio Manager (ESPM) at least 15 business days prior to the benchmarking deadline.

After you’ve completed all the property sharing steps in Energy Star Portfolio Manager (ESPM) and the data has successfully transferred into BEAM, the ESPM property data administrator and any associated BEAM contacts will receive a confirmation email from BEAM_LL97@buildings.nyc.gov with the subject line “NYC Building Sustainability Laws: 2024 ESPM Property Share Received for BBL or BIN Error for Property ID: PMID”. This confirmation email will serve as proof of the benchmarking submission.

This email communication is also viewable in the BEAM platform. To access the email, go to the building inventory and click on the little “i” icon to go to the building details page. Then, select Communications on the upper tab to view all emails associated with your property.

The Property Data Administrator in ESPM will receive the initial automated email notifications from BEAM_LL97@buildings.nyc.gov. The property data administrator’s email in ESPM must belong to either the Owner or the Owner's Representative.

If your property is subject to LL97 and LL88, the property data administrator must be one of the three email addresses (owner, owner’s rep, or service provider) entered in DOB NOW for the filing fee payment. The three email addresses entered in DOB NOW will serve as the only email addresses to initially view the building profile in BEAM.

Once in BEAM, the building owner will be able to add additional users to view their building profile by submitting ticket 14. BEAM Account Update Users.

If you are Property Data Administrator and did not receive any ESPM BEAM emails, please reach out to BEAM_LL97@buildings.nyc.gov and include the BBL, BIN and PM ID of the building in question.

The ESPM data release spreadsheet is no longer available with property sharing. All available data in BEAM can be exported to .csv or .xslx format at any time. To do so, simply select the desired properties, then use the actions dropdown menu and select “export.” Please note that when exporting data, the data you are currently viewing in the Inventory page will be exported.

For assistance with navigating ESPM, please send an email to the Sustainability Help Center at Help@NYCsustainability.org or call (212) 566-5584. The Sustainability Help Center is available on Monday to Friday from 9AM to 5PM.

The Sustainability team is working to fully implement the benchmarking data quality labels in BEAM. Please be on the lookout for future email notifications from BEAM_LL97@buildings.nyc.gov regarding your property's benchmarking data submission.

You will receive an email from BEAM_LL97@buildings.nyc.gov for all submissions confirming the successful submission of your report.

Please be advised that all submitted information is subject to audit by the NYC Department of Buildings, Bureau of Sustainability. We will reach out to the building owners/building representatives if any additional information or verification is required.

This email communication is also viewable in the BEAM platform. To access the email, go to the building inventory and click on the little “i” icon to go to the building details page. Then, select Communications on the upper tab to view all emails associated with your property.

If you can’t create or access your BEAM account, please email BEAM_LL97@buildings.nyc.gov with the subject “Urgent: Beam Account Access”.

All BEAM tickets are located in the “HelpDesk Dashboard” and are used for compliance with applicable DOB Sustainability laws.

1. Submit a 01. Covered Buildings List (CBL) Disputes: This ticket may be used to dispute the inclusion or exclusion of a building on the LL97 CBL, LL84 CBL, LL87 CBL, and LL88 CBL. 2. Submit a 02. LL97 Offset Purchase(s) Test Calculator: This ticket may be used to evaluate offset purchases for LL97 compliance. Note that the connection between ESPM and BEAM must successfully occur before information will populate in the ticket. 3. Submit a 03. LL97 Extension Request: This ticket may be used to file an extension request for Article 320 or Article 321. This must be submitted per BIN. 4. Submit a 04. LL97 Building Emissions Limit & RDP Attestation (Article 320): This ticket pertains to an individual building with a single Building Identification Number (BIN) reporting compliance with the annual GHG emissions limit pursuant to Article 320 of LL97. 5. Submit a 05. LL97 Compliance Report (Article 321): This ticket may be used to demonstrate compliance with: a. §28-321.2.1, Energy compliant buildings (Performance-based pathway showing compliance with 2030 emissions limits), OR b. §28-321.2.2 Prescriptive Energy Conservation Measures (Prescriptive pathway demonstrating installation of PECMs). 6. Submit a 06a. Aggregate Deductions: This ticket pertains to an aggregate emissions report (single BBL with multiple BINs or multiple adjacent BBLs with multiple BINs) and includes deductions and alternatives for calculating annual building emissions. a. Deductions: i. Distributed Energy Resources (onsite solar, offsite solar, onsite storage or offsite storage), ii. Fuel Cells (Pre 1/19/2023), iii. Beneficial Electrification (metered or deemed), iv. Electric Vehicle (EV) Charger, v. Cell Tower Project b. Alternative Coefficients: i. Shared Energy System (campus style system or campus style electric-system), ii. Time of Use Methodology (Fuel Cells: Post 1/19/2023), iii. biofuel and/or alternative fuel. c. Alternative Methodology: i. Cogeneration. 7. Submit a 06. LL97 Deductions and Alternatives to Calculating Annual Building Emissions (Article 320 and Article 321): This ticket pertains to an individual building with a single Building Identification Number (BIN) and includes deductions and alternatives for calculating annual building emissions. a. Deductions: i. Distributed Energy Resources (onsite solar, offsite solar, onsite storage or offsite storage), ii. Fuel Cells (Pre 1/19/2023), iii. Beneficial Electrification (metered or deemed), iv. Electric Vehicle (EV) Charger, v. Cell Tower Project b. Alternative Coefficients: i. Shared Energy System (campus style system or campus style electric-system), ii. Time of Use Methodology (Fuel Cells: Post 1/19/2023), iii. biofuel and/or alternative fuel. c. Alternative Methodology: i. Cogeneration. 8. Submit a 07. LL97 Block Proration: This ticket may be used to indicate the allocation of energy consumption of individual BINs when there is a single BBL with multiple BINs or multiple adjacent BBLs with multiple BINs. If the allocation of energy consumption matches the weight of square footage per BIN, then there is no need to fill out this form. 9. Submit a 08. LL97 Penalty Mitigation (Article 320): This ticket may be used when an owner of a covered building subject to Article 320 is unable to demonstrate timely compliance with the annual GHG emissions limit, but can demonstrate qualification for a mitigated penalty or a mediated resolution by providing documentation showing the following: a. The owner can demonstrate they are taking concrete action towards compliance, by showing their good faith efforts (GFE) pursuant to 1 RCNY §103-14(i)(2); OR b. The owner can demonstrate an unexpected or unforeseen circumstance that has damaged the building making compliance impossible (1 RCNY §103-14(i)(1)). 10. Submit a 09. LL97 Penalty Mitigation (Article 321): This ticket may be used when an owner of a covered building subject to Article 321 is unable to demonstrate timely compliance with either NYC Administrative Code §28-321.2.1 (performance-based pathway) or §28-321.2.2 (prescriptive pathway), but can demonstrate qualification for a mitigated penalty in one of the following ways: a. Mediated Resolution (1 RCNY §103-17(g)); OR b. Eligible Energy Conservation Project (1 RCNY §103-17(f)); OR c. Unexpected or Unforeseeable Event (1 RCNY §103-17(f)). 11. Submit a 10. LL97 Application for §320.7 Adjustment (Article 320 and Article 321): This ticket may be used to file a 320.7 Adjustment Program for External or Financial Constraints (1 RCNY §103-14(f)). 12. Submit a 11. LL88 Lighting (Article 310): This ticket may be used to demonstrate compliance with Article 310 of Chapter 3 of Title 28 of the Administrative Code. 13. Submit a 12. LL88 Sub-Metering (Article 311): This ticket may be used to demonstrate compliance with Article 311 of Chapter 3 of Title 28 of the Administrative Code. 14. Submit a 13. Verify Fee Exempt Status: The following building owners may use this ticket to demonstrate exemption from DOB filing fees: a. Buildings owned by a not-for-profit corporation that is used exclusively for educational, charitable and/or religious purposes, OR b. Buildings owned by a Federal, State, City, or foreign government. 15. Submit a 14. BEAM Account Update Users: This ticket may be used by building owners to add other points of contact and users in BEAM. 16. Submit a 15. Aggregate Emissions and Emissions Limit Attestation: This ticket pertains to an aggregated emissions report with single Borough-Block-Lot (BBL) with multiple Building Identification Numbers (BINs) or multiple adjacent BBLs with multiple BINs reporting compliance with the annual GHG emissions limit pursuant to Article 320 or Article 321 (2030 Pathway) of LL97. 17. Submit a 16. LL97 Application Approved for 320.8 (Special Circumstance) or 320.9 (Not-for-profit Hospital) Adjustment: This ticket may be used to add the approved §28-320.8 or §28-320.9 LL97 Adjustment application information from DOB NOW. This ticket is not meant to replace any information already provided in your 320.8 or 320.9 Adjustment application in DOB NOW.

Yes, the LL97 CBL and LL88 CBL are the foundation of the BEAM inventory. If there are CBL questions that are not addressed by the Submit a 01. Covered Buildings List (CBL) Disputes ticket, please reach out to beam_ll97@buildings.nyc.gov.

The requirements of an "Approved Agency" are found in 1 RCNY 101-07 - specifically sections (b) and (c).

Although the Energy Code does not mandate the requirement of a third-party commissioning agent, the above rule does indicate that progress inspection agencies have an obligation to avoid conflicts of interests. Please refer to (c)(3)(ii), "Obligation to avoid conflict of interest. A progress inspector and/or a progress inspection agency shall not engage in any activities that may conflict with their objection judgment and integrity, including, but not limited to, having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect."

DOB requires a letter acknowledging that the owner has received the preliminary commissioning report before the required item "Preliminary Commissioning Report Certification" is received in BIS. The approved agency who is performing the commissioning on the building shall certify that the commissioning test procedures and results were completed. The approved agency shall also provide the certified report to the building owner or owner's authorized agent. The owner, owner's agent, or approved agency shall send a letter to DOB at cx@buildings.nyc.gov with the project name and project number as the subject line. The letter should include the following: business letterhead, DOB application #, a general description of the equipment commissioned, block and lot #s, address, and from which company the report was received. This letter is not required to be in any specific format.

Please also submit the final commissioning report to cx@buildings.nyc.gov with project name and project number as the subject line. For additional information regarding commissioning, see pages OR-7 and OR-8 of the How-To Guide: Supporting Documentation – Other.

You are correct that commissioning MAY be applicable to a building that is subject to the commercial provisions of the NYCECC (i.e. 4 story single or two-family home – see the definition of "commercial building") – however, the commissioning provisions are based on the capacity of the heating and cooling equipment. The threshold is 600,000 BTU/h for heating equipment (inclusive of domestic water heating equipment) and 480,000 BTU/h for cooling equipment (i.e. 40-tons of air conditioning). A single or two-family home should never exceed these values, especially with the increased insulation and air tightness requirements in the energy code.

Class I motorized dampers are not required in all locations if you meet the exceptions of C403.2.4.3. Those exceptions allow gravity dampers in limited locations. If you do not meet those exceptions, then the damper must be motorized. If you are following ASHRAE 90.1, there are also exceptions to the requirements for motorized dampers. Should you not meet the exceptions and wish to appeal, you may submit a request for a variance to the State. The City is unable to provide a variance to State requirements.

Any building enclosure is required to meet the provisions of the NYCECC, unless one of the exemptions are met. If the sidewalk café enclosure is conditioned, the NYCECC requirements will be enforced for envelope, HVAC and lighting provisions. If the sidewalk café enclosure is unconditioned, then the Energy Code envelope requirements are exempt, HVAC is not present due to an unconditioned space, but lighting would still be subject to the NYCECC requirements.

All spaces within a new building, even those spaces designated for future tenants must comply with all of the applicable requirements in the NYCECC. There is no exemption for lighting within unleased tenant spaces. The Lighting & Power requirements of Section C405 or Section 9 of ASHRAE 90.1, including the lighting power density and daylighting controls requirements must be met. Both compliance paths do not require daylighting in primary sidelighted areas when the total lighting power within the daylight zone is 150 Watts or less. ASHRAE 90.1 Section 9.4.1.1 (e) also does not require daylighting in primary and secondary sidelighted areas when the total lighting power within both the primary and secondary daylight zones is 300 Watts or less.

The use of an iPad as a lighting control device is acceptable only if it is permanently affixed to a surface of the building or space. In addition, the following conditions are also met:

• Permanent time switch control including the manual override meeting all provisions of C405.2.2.1
• Accessory spaces (storage, office, restrooms) comply with occupancy sensor controls
• iPad controls meet the requirements of manual controls in C405.2.2.3

In general, corridors are not exempt from the controls requirements. The 2016 NYCECC Section C405.2 requires that lighting systems are provided with controls – manual controls, either time switch or occupancy sensors, and daylighting controls, where applicable. The Exceptions to Section C405.2 essentially exempt security or life safety lighting from the controls requirements, allowing 24/7 operation. This does not enable all of the lighting in the corridors and stairwells to be exempt from controls, only the specific lighting fixtures that are required for emergency egress are exempt from controls requirements. When however, the corridor is an exit passageway, as defined by the 2014 Building Code Section 1023, no lighting controls are required. Note that an area cannot be considered an exit passageway if an elevator opens into the space (BC 1023.5) – therefore many corridors are not exit passageways.

Additionally, the 2014 Building Code Section 1006.2 lists the foot-candle requirements at the walking surface and allows lighting with controls, and only requires that the illumination level is not reduced below the minimum requirements of Section 1006.2 (typically 1 foot-candle). Therefore, in corridors, only the lighting required to meet the illumination levels of BC Section 1006.2 is exempt from the controls requirements, other lighting must be controlled per the 2016 NYCECC Section C405.2.

The "Exit Signs" progress inspection was deleted from the TR8 form published on September 2016, however exit signs are still required to meet the code requirements of 5 Watt/side. For projects subject to the 2014 NYCECC or earlier, see What Applies When, either the "new" TR8 form without the exit sign progress inspection or the older TR8 form are acceptable.

The replacement windows are required to meet the U-factor and SHGC requirements. Trade-offs are not available for the building envelope when performing an alteration, unless the energy modeling compliance path is chosen.

Any ‘new building' or addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code. Depending on how the façade is incorporated into design, that portion of the building may be exempt as historic. But, if an entirely new wall is incorporated with only the façade remaining, then that wall and the remainder of the new construction work shall comply with the provisions of the code – with one caveat, if adding insulation to that portion of the wall would create a hazardous or unsafe condition or would result in a condition such as freeze-thaw and cracking of the element, blockage of a vented drainage cavity, or condensation or mold in or around the element, the insulation for that portion alone may be limited to the original thermal value. This is caveat is outlined in Section 3 of the Buildings Bulletin 2017-006.

If the building is a contributing building located in a Historic District listed on the national register of historic places, then it may be exempt from the energy code. However, if the building is not contributing to the historic district, then any renovation must comply with the NYCECC per C5 or R5. Any addition to an existing building is not considered historic according to the NYCECC and would have to comply with the provisions of the code, regardless if the building is contributing to the historic district.

Section C505 of the 2016 NYC Energy Conservation Code states: "Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code."

The building shall be brought into compliance with the 2016 NYCECC if the proposed spaces will increase the demand in energy from the existing spaces. We are unable to tell from your description "commercial purposes" of the occupancy type of the existing building.

If the existing building was a warehouse, clearly this will be an increase in energy demand when converting to residential occupancy and full code compliance is required. If the building is an office space, there may or may not be an increase in energy demand when converting to residential occupancy. If there is no increase in energy demand, then the existing walls, as described, would not need to be brought up to full code compliance.

The code applies to the scope of work that is being replaced. In this case, you wish to replace the insulated glazing unit (IGU) and only part of the framing. However, the performance is based on the total assembly, thus the horizontal mullions and the IGUs may have to compensate for the existing vertical mullion thermal performance if it remains. You will need to have the manufacturer model the thermal performance and take into account the vertical mullions (using Window and Therm programs). Thus, you would demonstrate that the total assembly meets the code prescribed u-value of 0.38. Any glazing that is replaced must meet the SHGC of 0.40.

Please confirm that while increasing the area of glazing, that you are not exceeding a 40% window to wall ratio (if following ASHRAE), or 30% if following the NYCECC without daylighting controls, or 40% if following the NYCECC with required daylighting controls. If these glazing area limits are exceeded, a whole-building energy model is required, as per C502.2.1.

As a reminder, fenestration that is not certified using the allowed test procedures of Table C402.5.2 will require air leakage testing of the assembly as per C402.5.1.2.2.

In accordance with §28-104.2.4, the HVAC units and associated controls must be brought into compliance with the current edition of the Energy Code in effect at the time of filing the application to legalize the units.

In accordance with §28-104.2.4, the thermal enclosure of the unpermitted enlargement must be insulated and thermal fenestration assemblies installed according to the values required for new construction, either on the exterior or the interior, as per the requirements of Section R502. Additionally, the air barrier testing requirements apply to additions. Exceptions for alterations in Section R503.1 do not apply.

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Alt 2 Application to renovate apartment

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform Local Law 11 work

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the Energy Code Forms page for more information.

Energy Analysis

Climate Zone 4A – 2016 NYCECC Chapter C4 – Application to perform roof replacement

Landmarked buildings are not considered historic unless the building is also either the National or State Register or certified as eligible for such designation, and must comply with the NYCECC. Section R3 or C3 requires you to use default thermal and solar heat gain values for site-built windows. These default values do not meet the prescriptive values required by the NYCECC in either Chapter R4 or Chapter C4. You have four options:

1. Propose listed (not site-built) wood window assemblies to the Landmarks Commission.
2. Arrange a meeting with both Landmarks and the Department's Energy Code officials to arrive at a solution, possibly finding other ways to mitigate the calculated energy loss in the building.
3. Obtain certification of eligibility from the National or State Historic Preservation Office; see the New York City Energy Conservation Code main page for more information.
4. Request a variance from the New York State Department of State; see the Variance section on the New York City Energy Conservation Code main page for more information.

In accordance with §28-104.2.4, the HVAC units must be brought into compliance with the current edition of the Energy Code in effect at the time of filing the application to legalize the units.

In accordance with §28-104.2.4, the thermal enclosure of the unpermitted enlargement must be insulated and thermal fenestration assemblies installed according to the values required for new construction, either on the exterior or the interior. Exceptions in Section ECC 101.4.3 do not apply.

Energy Analysis

Climate Zone 4A – NYCECC Chapter 5 A2

Application to renovate apartment

Energy Analysis

Climate Zone 4A – NYCECC Chapter 5 A2 Application to perform Local Law 11 work

Energy Analysis

Climate Zone 4A – NYCECC Chapter 5 A2 Application to perform roof replacement

Energy Analysis

Climate Zone 4A – NYCECC Chapter 5 A2 Application to replace fuel storage tank and boiler burner

Yes. On the PW1 form in Section 10, you need to check compliance. You should then address the specific scope of your work in your energy analysis. We recommend that you use the tabular analysis format for this, see sample below. If no work actually needs to comply with the NYCECC, you can enter NA in the column marked Proposed Values and NA in the column marked Prescriptive Values and provide the citation for the provision that allows you to not comply where applicable. You will also be required to submit a completed TR8 form for plan approval. You can simply check No to all lines, if appropriate, sign and seal the form and submit it with your drawings. The form will not be required for permit or sign-off. See the NYECC Forms page for more information.

Historic buildings designated in New York but not on either the National or State Register nor certified as eligible for such designation, must comply with the NYCECC. ECC Chapter 3 requires you to use default thermal and solar heat gain values for site-built windows. These default values do not meet the prescriptive values required by the NYCECC in either Chapter 4 or Chapter 5. You have four options:

1. Propose listed wood window assemblies to the Landmarks Commission.
2. Arrange a meeting with both Landmarks and the Department's Energy Code officials to arrive at a solution, possibly finding other ways to mitigate the calculated energy loss in the building.
3. Obtain certification of eligibility from the National or State Historic Preservation Office; see the New York City Energy Conservation Code main page for more information.
4. Request a variance from the New York State Department of State; see the Variance section on the New York City Energy Conservation Code main page for more information.

In accordance with Section ECC 101.3, the purpose of the NYCECC is to "regulate the design and construction of buildings for the effective use of energy." Thus, the building envelope separating conditioned from unconditioned space and the mechanical and electrical systems that make it function for human occupancy (or otherwise) are regulated by the NYCECC. However, the processes housed within the building but are not part of it, whether they are a paint spray booth, office computers and copiers, refrigerators and cooking appliances, plug-in floor or table lamps, or fabrication equipment, are not regulated by the NYCECC.

In New York City, we interpret any residential building four stories or higher to be a commercial building. You should follow ECC Chapter 5 or ASHRAE 90.1 for compliance.

Yes. The Building Code considers a basement as a story and contributes to the total number of stories (see definition of "story above grade plane" in Building Code chapter 2). A cellar as defined by the Building Code does not constitute a story.

ECC Chapter 3 requires that site-built fenestration use the default thermal and solar heat gain values in Tables 303.1.3(1) and (3). You will need either to use a listed thermal assembly from a manufacturer in accordance with Section ECC 303.1.3 or find other ways to mitigate the calculated annual loss in energy efficiency based on the default value for the unlisted construction.

Yes. Neither definition in ECC Chapter 2 or ECC Chapter 4 provides any measurable threshold for the performance of an air barrier and pending further study by the Department, latex over gypsum board is an acceptable air barrier, provided that all joints and gaps are sealed against air leakage as required.

Any attachments penetrating the building thermal envelope require that you file an associated alteration 2 application to address the envelope, see the Professional Statement page for more information. With regard to the lighting, if the lighting is limited to signage meeting one of the exceptions in Section ECC 505.6.2 – advertising or directional signage is one - then it does not need to comply with Sections ECC 505.6.1 or 505.6.2. However, it should not be permitted to spill into façade lighting. If this signage is on a residential building regulated under Chapter 4, there is no provision regarding exterior lighting.

Evaluated as either materials or as an assembly, latex over gypsum board must meet the performance requirements of Section ECC 502.4.3.1 and must be properly sealed as required by Section ECC 502.4.