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Alternative Standards
Alternative standards may be established in the event that MOEC determines that compliance with the standards would be impracticable or unduly burdensome for a particular occupancy group but must be less stringent to the established standard to the minimum extent necessary. Alternative standards will be considered on a case-by-case basis and largely limited by law.
Establishing an alternative design or energy use intensity alternative standard sets a precedent that requires additional oversight and reporting. Potential alternative standards will only be considered and potentially granted under the most special of
circumstances. Alternative standards can be established for either certifiable design standards and, or standards regarding energy use intensity. Charter Section 224.1 provides specific guidance and parameters for each. Alternative standards may only be established for projects within occupancy groups not previously subject to LL86 of 2005, which include Occupancy Groups E, F, H, and R (NYC Green Schools Guide 2019, Envision v4, and Enterprise Green Communities 2026, respectively).
Potential proposals for an alternative standard should be submitted prior to completion of design or bid of any project and submitted as soon as possibly determined as a necessary route toward an alternative compliance. If an agency or entity seeks to propose an alternative standard, either related to design or regarding energy use intensity, they will need to abide by the following submission of materials and subsequent process:
- Scoping discussion: the requesting agency must first meet with MOEC to determine applicability and feasibility. Based on this initial scoping and assessment of need, the proposal process can move ahead as outlined.
- Alternative and Addendum
- Alternative standard proposal form: this form and any addendum materials must be completed and submitted to MOEC for review of the project information and to affirm the applicable standards, the justification for the alternative standard, and a brief demonstration that such standard is no less stringent than those they intend to be the alternative for. If less stringent standards are to be proposed, the justification must demonstrate why compliance is impracticable or unduly burdensome.2
- Addendum: at minimum, in addition to the above form and the required information there within, the proposal must include addendum information regarding the proposed alternative standard. At minimum, a memo with a detailed description of the standard, relevant examples of precedent use, and a comparative analysis to the standard for which it is to serve as an alternative to must be provided. Additional materials may include source materials, associated certification processes, use case studies, etc.
- Proposal clarification: includes meeting(s) with MOEC to ascertain any additional information, clarify aspects of the justification, and demonstrate documented evidence of stated levels or equivalence or greater stringency to the provisional standards codified in the charter, or the highest level or stringency achievable, of alternative standard proposed. Addition documents may be requested.
- Approval and establishment of standard: pending approval, the requesting entity will be required to submit a letter to MOEC on the entity's letterhead, detailing the project information and justification, and a brief description of the alternative standard and its associated comparative stringency, signed off by an entity principal. MOEC will then seek to establish the standard within the local law rules, including all processes and procedures. Upon establishment of the standards, MOEC will require information regarding performance on an annual basis for reporting purposes, as required by law.