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Covered Buildings List Expanding – Is Your Property Required to File?

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Posted By Kristen Hariton

Owners of properties larger than 25,000 square feet are now required to file annual benchmarking reports, per Local Law 133 of 2016.

This is lower than the threshold first set by Local Law 84, initially required for properties 50,000 sq. ft. and up. Per estimates from the Urban Green Council, 10,000 new buildings across the five boroughs will be required to file the annual report, bringing the total floor area of covered buildings to 57% citywide.

As stated in the law, the first filing for properties that fall into the new 25,000 – 49,999 sq. ft. threshold must be completed “on or before May 1st of the first year that commences after the department determines and sets forth in a rule that the utility company providing energy to such buildings will, upon request of an owner, directly upload information necessary to benchmark such buildings.”

Key Point
In simpler terms, utilities have to implement automatic data uploads to online systems like Portfolio Manager in order for mid-size buildings to submit benchmarking. This will likely happen within the next few years, which means the first deadline for mid-sized buildings could be May 1, 2018.

Of course, this date is dependent on utility companies being able to provide data, and will likely be announced by the city when finalized.

Exceptions are given to “garden-style” apartment complexes (see the text for more specifics). It also does not change the requirements for Local Law 87 (retro-commissioning and energy audits) still required at a 50,000 sq. ft. threshold.

The city will not impose civil penalties for benchmarking violations on mid-sized buildings if assistance was sought by the building 60 days before May 1 (filing due date), and if the violation is corrected 60 days after its issuance (via submission of the Benchmarking report).

Want the lowdown on Benchmarking? Here’s a few great resources for you to check out:

Kristen Hariton

Kristen Hariton is the Product Marketing Strategist at SiteCompli. A member of the SiteCompli team since March 2013, Kristen has learned more about compliance and property operations than she ever thought possible. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.

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