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§ 28-321.2.1 Energy compliant buildings.
The owner of a covered building shall demonstrate that, for calendar year 2024, the annual building emissions of such covered building did not exceed what the applicable annual building emissions limit would be pursuant to section 28-320.3.2 if such building were a covered building as defined in article 320 of this chapter.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
§ 28-321.2.2 Prescriptive energy conservation measures.
By December 31, 2024, the owner of a covered building shall ensure that the following energy conservation measures have been implemented where applicable:
   1.   Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements;
   2.   Repairing all heating system leaks;
   3.   Maintaining the heating system, including but not limited to ensuring that system component parts are clean and in good operating condition;
   4.   Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators;
   5.   Insulating all pipes for heating and/or hot water;
   6.   Insulating the steam system condensate tank or water tank;
   7.   Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points;
   8.   Replacing or repairing all steam traps such that all are in working order;
   9.   Installing or upgrading steam system master venting at the ends of mains, large horizontal pipes, and tops of risers, vertical pipes branching off a main;
   10.   Upgrading lighting to comply with the standards for new systems set forth in section C405 of the New York city energy conservation code and/or applicable standards referenced in such energy code on or prior to December 31, 2024. This provision is subject to exception 1 in section 28-310.3;
   11.   Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation;
   12.   Installing timers on exhaust fans; and
   13.   Installing radiant barriers behind all radiators.
(L.L. 2019/097, 5/19/2019, 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.
§ 28-321.3 Reports.
By May 1, 2025, an owner of a covered building shall submit a report to the department to demonstrate compliance with this section in accordance with section 28-321.3.1 or section 28-321.3.2.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
§ 28-321.3.1 Energy compliant buildings reports.
The owner of a covered building shall file with the department a report, certified by a registered design professional, prepared in a form and manner and containing such information as specified in rules of the department, that for calendar year 2024 such building was in compliance with the applicable building emissions limit established pursuant to section 28-320.3.2.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
§ 28-321.3.2 Prescriptive energy conservation measures reports.
A retro-commissioning agent, as defined in article 308, shall prepare and certify a report in a form and manner determined by the department. The report shall include such information relating to the completion of the prescriptive energy conservation measures as shall be set forth in the rules of the department including, at a minimum:
   1.   Project and team information:
      1.1.   Building address.
      1.2.   Experience and certification of persons performing the prescriptive energy conservation measures and any staff involved in the project.
      1.3.   Name, affiliation, and contact information for persons performing the prescriptive energy conservation measures, owner of building, and facility manager of building.
   2.   Building information:
      2.1.   List of all HVAC, domestic hot water, electrical equipment, lighting, and conveyance equipment types serving the covered building.
(L.L. 2019/097, 5/19/2019, eff. 11/15/2019)
Article 322: Maintenance and Removal of Large Wind Turbines
§ 28-322.1 Maintenance.
The owner of a large wind turbine or large wind turbine tower, as such terms are defined in section 3114.2 of the New York city building code, shall maintain such turbine and tower in accordance with department rules.
(L.L. 2019/098, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019)
§ 28-322.2 Removal.
The owner of a large wind turbine, as such term is defined in section 3114.2 of the New York city building code, shall remove such turbine when (i) the time elapsed since the installation of such turbine exceeds the manufacturer's suggested useful life of such turbine or (ii) such turbine has been continuously inoperable for 12 months or more, whichever occurs sooner, provided that the commissioner shall by rule establish a timeframe for removing large wind turbines that do not have manufacturer's suggested useful lives.
(L.L. 2019/098, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019)
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