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Article 320: Building Energy and Emissions Limits
§ 28-320.1 Definitions.
§ 28-320.2 Advisory board.
§ 28-320.2.1 Advisory board composition.
§ 28-320.3 Building emissions limits.
§ 28-320.3.1 Annual building emissions limits 2024 through 2029.
§ 28-320.3.1.1 Greenhouse gas coefficient of energy consumption for calendar years 2024 through 2029.
§ 28-320.3.2 Building emissions limits for calendar years 2030 through 2034.
§ 28-320.3.2.1 Greenhouse gas coefficients of energy consumption for calendar years 2030 through 2034.
§ 28-320.3.3 [Reserved.]*
§ 28-320.3.4 Building emissions limits for calendar years 2035 through 2050.
§ 28-320.3.5 Building emissions limits on and after calendar year 2050.
§ 28-320.3.6 Deductions from reported annual building emissions.
§ 28-320.3.6.1 Deductions from reported annual building emissions for renewable energy credits.
§ 28-320.3.6.2 Deductions from reported annual building emissions for purchased greenhouse gas offsets.
§ 28-320.3.6.3 Deductions from reported annual building emissions for clean distributed energy resources.
§ 28-320.3.7 Reports required to be filed by owner.
§ 28-320.3.7.1 Extension of time to file report.
§ 28-320.3.7.2 Reporting on compliance by the department.
§ 28-320.3.8 Continuing requirements.
§ 28-320.3.9 Extension for certain income-restricted housing.
§ 28-320.3.10 Changes in building status.
§ 28-320.3.10.1 Additional time for certain covered buildings.
§ 28-320.4 Assistance.
§ 28-320.5 Outreach and education.
§ 28-320.5.1 Reporting on outreach and education.
§ 28-320.6 Penalties.
§ 28-320.6.1 Determination of penalty.
§ 28-320.6.1.1 Limitation on the use of renewable energy credits.
§ 28-320.6.2 Civil penalty for failure to file report.
§ 28-320.6.3 False statement.
§ 28-320.6.4 Penalty recovery.
§ 28-320.7 Adjustment to applicable annual building emissions limit.
§ 28-320.7.1 Effective period.
§ 28-320.7.2 Application.
§ 28-320.8 Adjustment to applicable annual building emissions limit for calendar years 2024 through 2029.
§ 28-320.8.1 Effective period.
§ 28-320.8.1.1 Extension of effective period.
§ 28-320.8.2 Application.
§ 28-320.9 Adjustment to applicable annual building emissions limit for not-for-profit hospitals and healthcare facilities.
§ 28-320.10 Fee schedule.
§ 28-320.11 Carbon trading study.
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§ 28-320.3.1.1 Greenhouse gas coefficient of energy consumption for calendar years 2024 through 2029.
The annual building emissions of a covered building in accordance with this section, greenhouse gas emissions shall be calculated as follows for calendar years 2024 through 2029:
   1.   Utility electricity consumed on the premises of a covered building that is delivered to the building via the electric grid shall be calculated as generating 0.000288962 tCO 2 e per kilowatt hour or, at the owner's option, shall be calculated based on time of use in accordance with referenced emissions factors promulgated by rules of the department. The department, in consultation with the office of long-term planning and sustainability, shall promulgate rules governing the calculation of greenhouse gas emissions for campus-style electric systems that share on-site generation but make use of the utility distribution system and for buildings that are not connected to the utility distribution system.
   2.   Natural gas combusted on the premises of a covered building shall be calculated as generating 0.00005311 tCO 2 e per kbtu.
   3.   #2 fuel oil combusted on the premises of a covered building shall be calculated as generating 0.00007421 tCO 2 e per kbtu.
   4.   #4 fuel oil combusted on the premises of a covered building shall be calculated as generating 0.00007529 tCO 2 e per kbtu.
   5.   District steam consumed on the premises of a covered building shall be calculated as generating 0.00004493 tCO 2 e per kbtu.
   6.   The amount of greenhouse gas emissions attributable to natural gas powered fuel cells shall be credited compared to the electricity grid marginal emissions factor that will be determined by the commissioner and promulgated into rules of the department.
      Exception: Natural gas powered fuel cells that commence operation prior to the later of January 1, 2023 or the promulgation of such rules, shall be credited compared to the electricity grid marginal emissions factor published in the most recent New York state energy research and development authority renewable energy standard program impact evaluation and clean energy standard triennial review, or a successor to such report issued by the New York state energy research and development authority.
   7.   The amount of greenhouse gas emissions attributable to other energy sources, including but not limited to distributed energy resources, shall be determined by the commissioner and promulgated into rules of the department.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2020/095, 9/27/2020, eff. 9/27/2020; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
§ 28-320.3.2 Building emissions limits for calendar years 2030 through 2034.
For calendar years 2030 through 2034, the annual building emissions limits for covered buildings shall be calculated pursuant to items 1 through 10 of this section. For the purposes of such calculation the department shall provide a method for converting categories of uses under the United States environmental protection agency Portfolio Manager tool to the equivalent uses and occupancy groups set forth in this section. For a covered building with spaces classified in more than one occupancy group, the annual building emissions limit shall be the sum of the calculated values from items 1 through 10 of this paragraph, as applicable for each space. The department may establish different limits, including a different metric or method of calculation, set forth in the rules of the department, where the department determines that different limits are feasible and in the public interest. Where such limits are set by rule, the average emission limits for all covered buildings shall not be less restrictive than the average emissions impact of the building emissions limits outlined in items 1 through 10 of this section. The advisory board and the office of long-term planning and sustainability shall provide advice and recommendation regarding such limits.
   1.   For spaces classified as occupancy group A: multiply the building emissions intensity limit of 0.00420 tCO 2 e/sf by the corresponding gross floor area (sf);
   2.   For spaces classified as occupancy group B other than as described in item 6: multiply the building emissions intensity limit of 0.00453 tCO 2 e/sf by the corresponding gross floor area (sf);
   3.   For spaces classified as occupancy groups E and I-4: multiply the building emissions intensity limit of 0.00344 tCO 2 e/sf by the corresponding gross floor area (sf);
   4.   For spaces classified as occupancy group I-1: multiply the building emissions intensity limit of 0.00598 tCO 2 e/sf by the corresponding gross floor area (sf);
   5.   For spaces classified as occupancy group F: multiply the building emissions intensity limit of 0.00167 tCO 2 e/sf by the corresponding gross floor area (sf);
   6.   For spaces classified as occupancy groups B civic administrative facility for emergency response services, B nonproduction laboratory, Group B ambulatory health care facility, H, I-2 or I-3: multiply the building emissions intensity limit of 0.01330 tCO 2 e/sf by the corresponding gross floor area (sf);
   7.   For spaces classified as occupancy group M: multiply the building emissions intensity limit of 0.00403 tCO 2 e/sf by the corresponding gross floor area (sf);
   8.   For spaces classified as occupancy group R-1: multiply the building emissions intensity limit of 0.00526 tCO 2 e/sf by the corresponding gross floor area (sf);
   9.   For spaces classified as occupancy groups R-2: multiply the building emissions intensity limit of 0.00407 tCO 2 e/sf by the corresponding gross floor area (sf);
   10.   For spaces classified as occupancy groups S and U: multiply the building emissions intensity limit of 0.00110 tCO 2 e/sf by the corresponding gross floor area (sf).
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
§ 28-320.3.2.1 Greenhouse gas coefficients of energy consumption for calendar years 2030 through 2034.
For the purposes of calculating the annual building emissions of a covered building in accordance with this section, the amount of greenhouse gas emissions attributed to particular energy sources shall be determined by the commissioner and promulgated into rules of the department by no later than January 1, 2023. The commissioner shall consult with the advisory board required by this article to develop such greenhouse gas coefficients for utility electricity consumption. When developing such coefficients, the commissioner shall consider factors, including but not limited to the best available New York state energy research and development authority and State Energy Plan marginal forecasts for Zone J for the end of the compliance period and beneficial electrification.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2020/095, 9/27/2020, eff. 9/27/2020)
§ 28-320.3.3 [Reserved.]*
* Editor's note: L.L. 2019/097 did not include any section numbered as § 28-320.3.3; reserved at the discretion of the editor.
§ 28-320.3.4 Building emissions limits for calendar years 2035 through 2050.
No later than January 1, 2023, the commissioner shall establish by rule annual building emissions limits and building emissions intensity limits applicable for calendar years 2035 through 2039 and building emissions limits and building emissions intensity limits applicable for calendar years 2040 through 2049. Such limits shall be set to achieve an average building emissions intensity for all covered buildings of no more than 0.0014 tCO 2 e/sf/yr by 2050.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
§ 28-320.3.5 Building emissions limits on and after calendar year 2050.
No later than January 1, 2023 the commissioner shall establish by rule annual building emissions limits and building emissions intensity limits applicable for calendar years commencing on and after January 1, 2050. Such limits shall achieve an average building emissions intensity for all covered buildings of no more than 0.0014 tCO 2 e/sf/yr.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
§ 28-320.3.6 Deductions from reported annual building emissions.
The department may authorize a deduction from the annual building emissions required to be reported by an owner pursuant to section 28-320.3 where the owner demonstrates the purchase of greenhouse gas offsets or renewable energy credits, or the use of clean distributed energy resources, in accordance with this section. For such sections that limit the dates of applicability of such deductions, the department may promulgate rules to extend such deductions for each future compliance date.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
§ 28-320.3.6.1 Deductions from reported annual building emissions for renewable energy credits.
A deduction from the reported annual building emissions resulting from the consumption of electricity may be authorized equal to the number of renewable energy credits purchased by or on behalf of a building owner, provided (i) the renewable energy resource that is the source of the renewable energy credits is considered by the New York independent system operator to be a capacity resource located in, or whose output directly sinks into, the zone J load zone for the reporting calendar year; (ii) the renewable energy credits are solely owned and retired by, or on behalf of, the building owner; (iii) the renewable energy credits are from the same year as the reporting year; and (iv) the building that hosts the system producing the energy does not receive a deduction under section 28-320.3.6.3 for the same energy upon which the renewable credits are based. Covered buildings claiming deductions for renewable energy credits under this section must provide the department with the geographic location of the renewable energy resource that created the renewable energy credits. The department, in consultation with the mayor's office of long-term planning and sustainability, shall promulgate rules to implement this deduction.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
§ 28-320.3.6.2 Deductions from reported annual building emissions for purchased greenhouse gas offsets.
For calendar years 2024 through 2029, a deduction shall be authorized for up to 10 percent of the annual building emissions limit. Such a deduction shall be authorized only where within the reporting calendar year, greenhouse gas offsets equivalent to the size of the deduction as measured in metric tons of carbon dioxide equivalent and generated within the reporting calendar year have been (i) purchased by or on behalf of the owner in accordance with an offset standard referenced by rules of the department, (ii) publicly registered in accordance with such offset standard, and (iii) retired or designated to the department for retirement. Such greenhouse gas offsets must exhibit environmental integrity principles, including additionality, in accordance with rules promulgated by the department in consultation with the office of long-term planning and sustainability. For the purposes of this section, additionality means a requirement that an offset project is not already required by local, national or international regulations. Prior to the department promulgation of rules pursuant to this section, the department shall consult the advisory board on environmental justice as established by section 3-1006 of the administrative code.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
§ 28-320.3.6.3 Deductions from reported annual building emissions for clean distributed energy resources.
A deduction from the reported annual building emissions shall be authorized based upon the calculated output of a clean distributed energy resource located at the building subject to the report. The department shall promulgate rules to set forth how such deduction shall be calculated, in accordance with the following:
   1.   For a clean distributed energy resource that generates electricity, the department shall establish separate calculations for each type of commercially available clean distributed energy resource, which shall not be revised more frequently than once every three years.
   2.   For a clean distributed energy resource that stores electricity, the deduction shall be based on the size of the resource and its ability to reduce greenhouse gas emissions during designated peak periods.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019)
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