Local Law 97: Adjustment Application

Local Law 97 was passed with the commitment to reduce building emissions, the single-largest source of greenhouse gas (GHG) emissions in New York City. The DOB recently released an update that allows for buildings with special circumstances or not-for-profit hospitals and healthcare facilities, to file for an adjustment to increase the amount of time their building has to reduce their emissions. 

An adjustment only temporarily raises the building emissions limit to allow for more time for compliance due to a qualifying circumstance. Eligibility requirements for each type of adjustment need to be met as described in the law. You can find the full Adjustments Application Guide here.

We have compiled some of the important information you need regarding this update below as well as more information about Local Law 97. HLZAE is here to help with your questions. We can prepare your emissions reduction plan report as well as submit your building adjustment application:

Types of Adjustments:

There are two types of possible adjustments currently available. Here are the details of each and the deadline to submit your adjustment application on DOB NOW:

AC 28-320.8: “Special Circumstances” 
1. AC 28-320.8: Adjustment to applicable annual building emissions limit for calendar years 2024-2029,” for buildings with excessive emissions due to a special circumstance.

Application must be submitted no later than JUNE 30, 2021

To be eligible for this adjustment:

• An applicant must show that the covered
  building’s emissions for calendar year 2018 exceed the 2024 building emissions
  limit by more than 40%;
• The excess building emissions must be
  attributable to a special circumstance related to the use of the building;
• The covered building’s energy performance needs
  to be equivalent to that of a similar building in compliance with the 2014 New
  York City Energy Conservation Code (NYCECC); and,
• A plan indicating the covered building’s path to
  reduce the actual building emissions to comply with building emissions limits
  for 2030-2035 must also be submitted.

OR

AC 28-320.9: “Not-For-Profit Hospitals and Healthcare Facilities”
2. AC 28-320.9 “Adjustment to applicable building emissions limit for not-for-profit hospitals and healthcare facilities,” for not-for-profit hospitals and healthcare facilities.

Application must be submitted no later than JULY 21, 2021

To be eligible for this adjustment, an applicant must demonstrate not-for-profit building classification in existence on November 15, 2019, and for each year that an adjustment is used as the basis for compliance reporting. For the purposes of AC 28-320.9, not-for-profit classification includes spaces owned or occupied by a not-for-profit hospital or healthcare facility.