A new DOB proposed rule gives a due date for mid-sized, first-time Benchmarking submissions, plus additional considerations:

We here at the SiteCompli blog believe you can never have too many Benchmarking blog posts (especially when annual fines for failing to submit are as high as $2,000 a building). Our last entry featured the latest Covered Buildings List, including mid-sized buildings now required to submit annual consumption data. While the city updated the CBL, they did note that these properties (25,000 – 49,999 sq. ft.) would not have to submit data by the annual due date of May 1st. Rather, these buildings would have to submit their 2017 data eventually.

“Eventually” is a cold comfort when it comes to requirements that could result in costly fines. With that said, the DOB promised an update in the form of a new rule.

The DOB’s new proposed amendment lists the due date for mid-sized buildings to submit 2017 data as February 1, 2019. Coincidentally, this is the last date that buildings 50,000 sq. ft. and up can submit 2017 data to avoid the full $2,000 penalty. Note that mid-sized buildings can submit their 2017 data before this data – in fact, the department has repeatedly recommended they do so (in order to make sure they’re in compliance going forward).

Additionally, mid-sized buildings will have the option to have consumption data entered by their utility companies. Buildings under 50,000 sq. ft. that are required to file “may rely on their utility company to directly upload their building’s data into Portfolio Manager, based on the owner’s request.” Failure by the owner to either request an upload or upload the data themselves may result in a violation. Having proof of the request to a utility company (or a request for help directly from the DOB, via a request form) may prevent buildings from receiving violations for noncompliance.

Most importantly, the above details are proposed and subject to change based on public comment. There are several opportunities to share your thoughts on the rule before April 16th, the end of the comment period:

• Via the web: Comments can be submitted at http://rules.cityofnewyork.us/
• Via email: Comments can be emailed to dobrules@buildings.nyc.gov
• Via snail mail: Comments can be sent to the New York City Department of Buildings, Office of the General Counsel, 280 Broadway, 7th Floor, New York, NY 10007
• Via fax: Comments can be faxed to the DOB Office of the General Counsel at 212-566-3843
• Attending/speaking at the hearing: If you wish to speak at the public hearing, you must sign up onsite in the hearing room. Each speaker is limited to 3 minutes. The public hearing is on April 16th at 2 PM, located in the 3rd floor conference room at 280 Broadway, Manhattan

We’ll publish any updates or modifications to the public rule after the hearing takes place. Until then, the takeaway is the same: while mid-sized buildings don’t have to file by May 1st of this year, they will eventually need to submit 2017 data, and will be subject to violations for noncompliance in the future.