We’ve reached the end of a year packed with rule changes and updates – but it’s not over just yet. Here’s a roundup of your NYC compliance updates for December 2024, featuring a number of adopted rules, new proposals, and other “clean-up” updates coming down the line:

Local Law 157 Specific Extension For New Buildings

This amendment allows any building completed by January 1, 2025 to install a monitored battery primary power source for their natural gas alarm. The date was previously January 1, 2024.

Per the DOB:

…there were many buildings that were not completed by January 1, 2024 but had not been designed for wired units and were too far into the construction process to accommodate them at that point. Extending the cutoff date to January 1, 2025 allows those buildings currently under construction to be deemed “existing” and therefore be able to choose to install the battery-powered units. Other buildings still in the early stages of construction should be able to accommodate the hardwired units and are required to do so.

In addition, the hard-wired units that meet the required listing criteria may currently be difficult to obtain. Therefore, the allowance for battery powered systems is extended from January 1, 2024 to January 1, 2025.

You can see the full update here, in the final rule. Please note – nothing in this adjustment changes the deadline for installment, which is currently May 1, 2025 for all required residential buildings.

Local Law 97 Rules Finalized

With the first filing date for Local Law 97 fast approaching (May 1, 2025), the DOB proposed a number of rules for filing processes, adjustment requests, and more. We wrote about these rules in an earlier post, so today we’ll focus on the changes in the final versions.

No changes were made to the proposed filing fees, outlined here in the final rule.

As always, we recommend connecting with your preferred sustainability expert to review the below as it relates to your building and filings.

Changes – Calculation Specifics

One of the proposed rules focused on calculation specifics, with a few changes in the final version:

• [Clarification] that the minimum annual average efficiency for qualified generation facilities is based on the previous year’s NYC GHG inventory coefficient for electric emissions;
• [Clarification] that the alternative GHG coefficients for qualified generation facilities will be available until such systems are no longer cleaner than the grid based on the annual operating efficiency of the system; and
• [Clarification] that deductions for offsets are available in each compliance period
• No changes were made relating to the coefficient for biofuels. That said, the DOB will provide additional clarifications for specific biofuel blends in future guidance

Changes – Adjustment Applications

After proposing rules for Local Law 97 emission adjustment applications, the DOB implemented a number of changes:

• One comment noted the law does not require buildings applying for an adjustment of the GHG Emission limits pursuant to Section 28-320.7(1) to purchase renewable energy credits. In response to this comment, the rule was changed to reflect that buildings need only purchase greenhouse gas offsets in connection with such an application.
• The DOB also made changes to the rule for “consistency in formatting and process,” including the following:
  • [Clarification] that the timeline for submitting an adjustment application is the same as the timeline for submitting the annual emissions report;
  • [Requiring] the inclusion of the most recent annual emissions instead of historical benchmarking data in such applications;
  • [Requiring] the inclusion of actual results of compliance work in the adjustment application for buildings facing an external constraint
• Several comments were submitted relating to the adjustment for buildings constrained by finances, including:
  • The view that the metric for condos and co-ops is too lenient;
  • A request that the adjustment be made available to safety net hospitals; and
  • A recommendation that special consideration be given to buildings housing residents with fixed incomes
  • …however – no changes were made in response to the above comments
    • “DOB believes the rule reflects industry best practices and treats buildings appropriately as required by the law. In addition, safety net hospitals may qualify for the adjustment. DOB will continue to monitor the implementation of the rule, with a particular focus on affordability concerns, in order to determine whether a future change to the rules would best support full and equitable compliance with the law.”

 

Sustainability Violation Corrections & Challenges

The Department of Buildings announced changes for Local Law 84 & 87 violations, including updated processes for challenges.

Local Law 84 – Benchmarking Violations

As of December 2024, violations for failing to submit LL 84 Benchmarking reports will now be managed in DOB NOW: Safety. Challenges to any of these violations must also be submitted in DOB NOW instead of the DOB’s previous email address. Full details can be seen at the DOB’s service notice.

Benchmarking violations issued prior to 12/2/24 will still be paid via eFiling, so keep that in mind if you need to clear any older infractions.

Local Law 87 – Energy Efficiency Report Violations

Starting in 2025, violations issued for failure to file EERs must be paid and corrected in DOB NOW: Safety. Just like LL 84 violations, challenges for these infractions will also be submitted via DOB NOW: Safety instead of email. You can get step-by-step instructions for both processes here, in the city’s service notice.

Violations issued prior to January 6, 2025 will continue to be “processed and paid by check and mailed to 280 Broadway, 3rd Floor, New York, NY 10007.”

Don’t forget – the penalty process for failure to file EERs was adjusted based on a recently approved DOB rule. Previously, owners and managers would not accept outstanding EERs while related penalties remained unpaid. That clause was removed, meaning teams can (and should) submit EERs even if there are outstanding fines related to EER violations.

Both changes were announced in December, with Local Law 84 Benchmarking violation challenges in effect now (shortly before the next quarterly violation issuance in February 2025), and Local Law 87 changes taking effect starting January 6, 2025 (but including the 2024 filing cycle).

 

DSNY Updates

While residential properties saw a number of DSNY updates this year, these recently proposed rules focus on commercial buildings.

Commercial Waste Customers and Private Carters

This new rule is proposing the lower the threshold of trade waste considered to be “infrequent” from 20 gallons to 1 gallon within a 7-day period. It’s a pretty significant change for commercial establishments, who would then have to abide by alternate rules for trash removal.

Per the DSNY, “This reduction is necessary because some commercial establishments have been setting out their trade waste at the curb for DSNY to collect, or setting such material in DSNY street corner litter baskets.” The reduction would make clear that commercial establishments must obtain private carters to collect and remove trade waste if there is more than 1 gallon within a week.

A hearing is scheduled for January 6, 2025, with final rules to follow. Stay tuned for future news here.

Service Level Alterations For Commercial Waste Zone Awardees

DSNY is implementing the first zone in the Commercial Waste Zones program, with a number of regulations and specifics for designated collection frequency. Based on the established rules:

The rules of the Department currently state that assigned businesses shall receive two days of refuse collection per week and one day of designated recyclable materials collection per week, as well as one day of source separated organics collection per week if the commercial establishment is a designated covered establishment

To ensure trash doesn’t build up, the DSNY is proposing to give itself more flexibility to assign businesses up to 5 days/week of collection if “an assigned business generates an amount of waste that requires collection more frequently than two days a week.” A hearing is scheduled for this adjustment on December 27th.

Agency Clean-Up

The below updates don’t necessarily change existing requirements – they just codify and update rules based on new local laws or other recent changes:

• The DOHMH adopted a rule that aligns with HPD’s relatively recent adjustment to nighttime temperature requirements, here. They also clarify that HPD is responsible for enforcing heat standards and responding to complaints
• HPD is amending their rules to account for recent lead-related local laws (Local Law 111 for common area XRF requirements, Local Law 122 recordkeeping, Local Law 123 friction surface requirements, and Local Law 127 audit selections). You can get the full rundown of these laws in our earlier post.

There were a limited amount of City Council updates through the end of the year, so stay tuned for a new post reviewing key legislation. We’ll be back in 2025 with regular compliance updates and more details on the biggest rules and regulations.

Don’t forget to download your copy of the 2025 Compliance Checklist to make sure you’re covered for key due dates this coming year!