Local Law 33 / Local Law 95

What is New Yor k Cit y Local Law 33 as amended by Local Law 95?

Local Law 33 of 2018 amended the Administrative Code of the City of New York in relation to energy efficiency scores and grades for buildings required to benchmark their energy and water consumption. Energy efficiency scores and grades for these buildings shall be obtained, assigned, and disclosed in accordance with the new section §28-309.12 annually, based on benchmarking reporting consistent with Federal energy efficiency standards.

An energy efficiency score is the 1-100 ENERGY STAR® Score that a building earns using the United States Environmental Protection Agency’s online benchmarking tool, ENERGY STAR Portfolio Manager®, to compare building energy performance to similar buildings in similar climates. As per Local Law 95 of 2019, grades based on ENERGY STAR® energy efficiency scores will be assigned as follows:

A – Score is equal to or greater than 85
B – Score is equal to or greater than 70 but less than 85
C – Score is equal to or greater than 55 but less than 70
D – Score is less than 55
F – Building did not submit required benchmarking information
N – Building exempted from benchmarking or not covered by the ENERGY STAR® program
The energy label will include both a letter grade and the energy efficiency score for the building.

The Building Energy Efficiency Rating label will be available annually in the DOB NOW Public Portal covered building property profile on October 1.

Buildings exempted from benchmarking or not covered by the ENERGY STAR® program:

– Multifamily buildings with less than 20 units, enclosed parking, or other property types that are not eligible to receive a 1-100 ENERGY STAR® Score

– Some mixed use buildings – a multi-use proper ty can receive the ENERGY STAR® Score, but these two conditions apply:

1. Seventy-five percent (75%) of the Gross Floor Area (GFA) of the property must be comprised of property types that are eligible for an ENERGY STAR® Score

2. More than fifty percent (50%) of the GFA must be comprised of one eligible property type (excluding parking)

– Buildings that contain a data center, television studio, and/ or trading floor that together exceed ten percent (10%) of the GFA