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a. No obligations of the city shall be issued or authorized for or on account of any capital project not included in a capital budget, or for which funds have not been reserved in an appropriate program category of the capital program for any year of such program in which it is projected that funds will be expended for the completion of the project, or in excess of the maximum amount of obligations which may be issued on account of such project as fixed in such capital budget; and no amount may be expended on account of any capital project in excess of the amount appropriated for such purposes in a capital budget, except that the amount appropriated for such purposes may be increased by the mayor by not more than fifteen per centum thereof in order to meet any costs required to advance such project. Notice of any such increase shall be provided to the council together with a statement of identifiable funds available for payment of the increase.
b. Funds included in the capital budget for a capital project that are not obligated or committed during the fiscal year in which appropriated shall not be obligated or committed in the subsequent fiscal year unless reappropriated in a subsequent capital budget or an amendment thereto. A capital project included in a capital budget that is not initiated by the expenditure of funds within two years after its inclusion in the budget shall be eliminated from the budget.
c. The city may issue capital debt only to finance capital projects as defined in section two hundred ten. The capital budget may not include expense items that are properly includable only in the expense budget, as determined in accordance with the accounting principles set forth in the state comptroller's uniform system of accounts for municipalities, as the same may be modified by the state comptroller, in consultation with the city comptroller, for application to the city.
d. No capital project shall be included in the proposed executive capital budget or otherwise adopted as part of the capital budget or as an amendment thereto unless sufficient funds are available within the appropriate general program category of the capital program for any year of such program in which it is projected that additional appropriations will be necessary for the completion of the project.
a. The selection of sites for capital projects shall be pursuant to the uniform procedures provided pursuant to sections one hundred ninety-seven-c and one hundred ninety-seven-d, except for acquisition of office space pursuant to section one hundred ninety-five.
b. To the maximum extent feasible, final approval of a site for a capital project shall occur prior to or simultaneously with the approval of the scope of the project pursuant to this chapter.
c. During the review required by subdivision a, the community board and borough president shall also review, and may comment on, the scope of the project.
a. The inclusion of a capital project in the capital budget as adopted or amended shall constitute a direction and order to the agency to proceed with the preparation of a scope of project pursuant to this chapter unless sufficient planning funds for such purpose have not been appropriated in the capital budget. The head of the agency shall notify the comptroller of the amount of appropriated planning funds to be encumbered for such purpose.
b. The approval of a scope of project for a capital project pursuant to this chapter, including the amount of obligations necessary to finance the design and construction of the project, shall constitute a direction and order to the agency to design the project, unless sufficient funds for such purpose have not been appropriated in the capital budget or are otherwise not available within the appropriate program category of the capital program. Such approval shall constitute notification to the comptroller of the comptroller's authorization to expend appropriated design funds.
c. The approval of the final design for a capital project pursuant to this chapter shall constitute a direction and order to the agency responsible for construction to prepare bid and award documents and to proceed to bid, unless sufficient funds for such purpose have not been appropriated in the capital budget or are otherwise not available within each year of the capital program in which it is projected that funds will be expended for the completion of the project. Such approval shall constitute notification to the comptroller of the comptroller's authorization to expend appropriated construction funds.
d. 1. The mayor shall ensure the preparation of capital commitment plans in the form of periodic reports in regard to capital projects. Such reports shall be published at least three times each year as follows: a report that includes information for the current year and the ensuing three fiscal years shall be published no later than 90 days after the adoption of the capital budget; a report that includes information for the current fiscal year and the ensuing four fiscal years shall be published with the preliminary capital budget; and a report that includes information for the current fiscal year and the ensuing four fiscal years shall be published with the executive capital budget. Each report shall include:
(a) for the current year and each ensuing fiscal year for which information is included, appropriations and planned commitments by project type and planned commitments by agency;
(b) for each capital project, as applicable, a description of such project, the schedule of planned commitments for the current year and each ensuing fiscal year for which information is included, available appropriations, expenditures and the current milestone associated with such project; and
(c) for the prior four fiscal years, commitments by project type and total expenditures by fiscal year.
2. The mayor shall ensure the preparation of periodic capital project detail data reports in regard to the progress of capital projects, including schedules and clear explanations of any delays for particular projects and summary information on each agency's record on such matters. Such capital project detail data reports shall be published at least three times each year: no later than 120 days after the adoption of the capital budget; no later than 30 days after submission of the preliminary capital budget; and no later than 30 days after submission of the executive capital budget.
3. Copies of reports required by paragraphs 1 and 2 of this subdivision shall be transmitted by the mayor to the council, the city planning commission, the community boards, the borough boards and borough presidents, and posted online on the website of the office of management and budget in a machine-readable format.
4. As used in this subdivision, the following terms have the following meanings:
Commitment. The term "commitment" means a procurement contract for the development or execution of a capital project that is registered pursuant to section 328 or otherwise made effective.
Planned commitment. The term "planned commitment" means a procurement contract provisionally approved by the director of management and budget that, if registered pursuant to section 328 or otherwise made effective, would constitute a commitment.
e. Any capital project which results in the acquisition or construction of a capital asset which will be subject to the requirements of section eleven hundred ten-a shall contain a provision requiring a comprehensive manual setting forth the useful life of the asset and explaining the activities necessary to maintain the asset throughout such useful life.
f. The mayor may issue directives and adopt rules and regulations in regard to the execution of capital projects, consistent with the requirements of subdivisions a, b, c and d of this section, which shall be binding upon all agencies.
(Am. L.L. 2020/037, 3/13/2020, eff. 3/13/2020; Am. L.L. 2021/035, 3/28/2021, eff. 3/28/2021)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2020/037.
Any owner of real property or any other person interested may apply to the council to authorize an improvement referred to in paragraph d of subdivision one of section two hundred ten hereof, not included in the capital budget. The council may authorize such improvement to be made by the city or by such owner or other person interested upon compliance with the following conditions:
1. Such owner or group or other persons interested shall enter into an agreement with the city, whereby they will either authorize the city, or themselves agree, to perform such work in accordance with such plans and specifications approved by the agencies having jurisdiction thereover and under their supervision.
2. All of such work shall be done for the account of or at the sole cost and expense of the person or persons applying for permission to do the same, who shall furnish to the city such security and in such amount as may be required to secure the payment of such cost and expense or the proper performance of the said work in the time and in the manner agreed upon, and shall further secure the city, in the latter case, against latent defects in such work for a period of two years.
3. Such improvement shall be approved by the city planning commission and reviewed pursuant to sections one hundred ninety-seven-c and one hundred ninety-seven-d.
4. Any agreement providing for the performance of such work and the furnishing of such security, shall be first approved by the council before the same shall become effective.
The mayor shall prepare general standards and cost limits for categories of capital projects and standards for the preparation of the scope of project for capital projects of various types. Such standards and limits shall be submitted by the mayor to the council for review. The proposed standards shall become effective thirty days after they have been filed with the council unless within that time the council modifies or disapproves them or part of them, after conducting a public hearing. Any modification by the council shall be subject to disapproval by the mayor in accordance with section thirty-eight and any such disapproval shall be subject to override by the council in accordance with such section.
a. Each agency, with respect to a capital project under its jurisdiction included in a capital budget, shall prepare a proposed scope of project within appropriated planning funds. In preparing the proposed scope of project, the agency shall consult with the community board for the community district in which the capital project is to be located. The proposed scope of project, or, in the case of a delay, an explanation for such delay along with a revised schedule, shall be submitted to the mayor and to the respective council committee, borough president and community board by the date specified in the adopted capital budget in which the capital project is included. Such proposed scope shall identify all substantial differences between the guidelines for the capital project as contained in such scope and the description of the capital project contained in the report issued pursuant to subdivision d of section two hundred nineteen at the time such project was proposed in the executive budget or following the budget adoption in which such project was added to the capital budget.
b. Not later than sixty days after receipt of the proposed scope of project from an agency pursuant to subdivision a of this section, the mayor shall approve, modify, or disapprove the proposed scope of project and notify the agency, and the respective council committee, borough president and community board. In the case of a scope approved by the mayor with modifications, such notification shall include a copy of the scope as approved.
c. During the review of the selection of a site of a capital project pursuant to the uniform land use review procedure established by section one hundred ninety-seven-c, the community board and borough president shall also review, and may comment on, the scope of the project.
d. No scope of project shall be approved by the mayor unless (1) it contains the information required by paragraph four of section two hundred ten and it conforms to the applicable standards for the type of project adopted pursuant to this chapter, and (2) funds are available within the appropriate program category of the capital program that can be reserved for each fiscal year required to complete the project.
The proposed design and final design for a capital project shall be made available for review to the respective council committee, borough president and the community board for the community district in which the project is to be located. The mayor or his representative shall review the final design to determine its conformance with the approved scope of project pursuant to this chapter.
a. For purposes of this section:
Demographic information. The term "demographic information" includes age, gender, race and any other related information the department of cultural affairs deems relevant.
Design agency. The term "design agency" means the agency responsible for the preparation of the design for the capital project that includes works of art pursuant to this section.
Sponsor agency. The term "sponsor agency" means the agency whose capital project is subject to the provisions of this section.
Works of art. The term "works of art" includes all forms of the visual and performing arts conceived in any medium, material or combination thereof.
b. Works of art shall be provided for each capital project which involves the construction or the substantial reconstruction of a city-owned public building or structure the intended use of which requires that it be accessible to the public generally or to members of the public participating in, requiring or receiving programs, services or benefits provided thereat.
c. An amount not less than one percent of the first fifty million dollars and one-half of one percent of any amount in excess of fifty million dollars of capital funds appropriated by the city for each such capital project, other than funds appropriated for the acquisition of real property, shall be allocated for works of art; provided, however, that this section shall in no case require, but shall not prohibit, the expenditure of more than nine hundred thousand dollars for works of art for any capital project nor more than the sum of four million dollars for all works of art in any fiscal year. The mayor may exempt a capital project from the provisions of this section if in the mayor's sole judgment the inclusion of works of art as provided hereby would be inappropriate.
d. 1. The department of cultural affairs shall engage in outreach and education efforts regarding the opportunity to submit works of art for consideration for inclusion in capital projects as provided for by this section. Such outreach and education efforts shall include but not be limited to information sessions in each borough that shall be open to the public and the development of written materials that describe the submission and selection process for works of art. The department shall make such written materials available in a manner deemed appropriate by the department, including but not limited to making such materials available to arts and cultural organizations, community-based organizations, and colleges and universities. Such written materials shall be made available in English and in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning.
2. Reasonable advance notification of the intention to include works of art in a project shall be provided to the appropriate council member, borough president and chairperson of the community board of the community district in which the project is located. Reasonable advance notification of the intention to include works of art in a project shall also be posted on the website of the department of cultural affairs. Following notification of the intention to include works of art in any project, the department of cultural affairs shall hold or present at a public meeting, such as a meeting of the community board of the community district in which the project is located, on such works of art prior to such inclusion. A notice of such public meeting shall be posted on the website of the department of cultural affairs not less than fourteen days prior to any such meeting. All such works of art shall be subject to the approval of the art commission pursuant to section eight hundred fifty-four of this charter.
e. The mayor shall adopt rules and regulations to implement the provisions of this section.
f. The department of cultural affairs shall post on the department's website information about works of art that were included in a capital project pursuant to this section after the effective date of the local law that added this subdivision.
1. Such information shall include but not be limited to the name of the work of art; name of the artist; capital project completion date; medium and dimensions of the work of art; location of the work of art, including council district and borough; sponsor agency; and design agency.
2. The department shall post on the department's website aggregated demographic information about the artists whose works of art are subject to the provisions of this subdivision, to the extent such demographic information is provided to the department.
g. There shall be an advisory panel to recommend eligible works of art to be included in a capital project pursuant to this section. The commissioner of cultural affairs or his or her designee shall serve as chairperson of such panel and shall ensure that such panel includes members who are knowledgeable about public art, knowledgeable about the project, and knowledgeable about the community in which the project will be located. The panel shall further include but not be limited to at least one representative of the president of the borough in which the project will be located, at least one representative of the council member in whose district the project will be located, and at least one representative of the community board for the community district in which the project will be located, provided, however, that such representatives shall be non-voting ex officio members.
(Am. L.L. 2015/052, 6/2/2015, eff. 6/2/2015; Am. L.L. 2017/019, 2/15/2017, eff. 2/15/2017; Am. L.L. 2017/021, 2/15/2017, eff. 2/15/2017; Am. L.L. 2017/022, 2/15/2017, eff. 2/15/2017; Am. L.L. 2017/023, 2/15/2017, eff. 2/15/2017)
a. As used in this section, the following terms have the following meanings:
ASHRAE 90.1. The term "ASHRAE 90.1" means the edition of the energy standard for buildings except low-rise residential buildings published by the American society of heating, refrigerating and air conditioning engineers (ASHRAE) as indicated by rule of the mayor.
Base building systems. The term "base building systems" has the same meaning as set forth in section 28-308.1 of the administrative code.
Capital project. The term "capital project" means a capital project as defined in section 210 of this chapter that is paid for in whole or in part from the city treasury.
City agency. The term "city agency" has the same meaning as the term "agency" as defined in section 1150.
Construction work. The term "construction work" means any work or operations necessary or incidental to the erection, demolition, assembling, alteration, installing or equipping of any building.
Energy use intensity. The term "energy use intensity" means, for a building, the energy use intensity projected for such building based on its design at the time of filing with the department of buildings.
Estimated construction cost. The term "estimated construction cost" means capital dollars allocated to construction as defined in the respective project's certificate to proceed, or with respect to entities that are not city agencies, cost allocated to construction of a project intended to achieve a public purpose of the city as such project is described in supporting documentation submitted to the office of management and budget for the issuance of the certificate to proceed.
Green building standards. The term "green building standards" means design guidelines, a rating system or rules for constructing buildings that ensure site planning, water efficiency, energy efficiency and renewable energy, conservation of materials and resources and indoor environmental quality.
Inflation. The term "inflation" means the annual 12-month average of the consumer price index published by the United States department of labor.
LEED green building rating system. The term "LEED green building rating system" means a version of the leadership in energy and environmental design (LEED) building rating system published by the United States green building council that is not less stringent than the selected green building rating system, or another standard not less stringent than the selected green building rating system which has been developed by or for the city consisting of practices and technologies derived from the LEED rating system that are reasonable and appropriate for building in New York city and approved by the mayor.
LEED water efficiency: indoor water use reduction credit. The term "LEED water efficiency: indoor water use reduction credit" means the credit to achieve points under the LEED for building design and construction version 4, or another version as approved by the mayor, intended to achieve water use reduction.
Mayor. The term "mayor" means the mayor, or as designated by the mayor, an office within the office of the mayor or any department or office the head of which is appointed by the mayor.
Net zero energy building. The term "net zero energy building" means a building that has been designed and constructed to produce energy onsite from renewable energy sources in an amount equal to or greater than such building's total energy needs.
Not less stringent. The term "not less stringent" means providing no less net environmental and health benefits.
Occupancy group. The term "occupancy group" means occupancy group as classified in accordance with the New York city construction codes.
Onsite energy generating building. The term "onsite energy generating building" means a building that has been designed and constructed to produce energy onsite from renewable energy sources to the maximum practicable extent as leads to a system of high performance and best value to New York city.
Rehabilitation work. The term "rehabilitation work" means any restoration, replacement or repair of any materials, systems or components.
Renewable energy source. The term "renewable energy source" means a qualified energy resource, as such term is defined in paragraph (1) of subsection (c) of section 45 of title 26 of the United States code.
Selected green building rating system. The term "selected green building rating system" means LEED building design and construction version 4, building operations and maintenance version 4 or interior design and construction version 4, whichever is most appropriate for the project under United States green building council guidelines, or other not less stringent versions of such building rating systems as approved by the mayor.
Source energy use intensity. The term "source energy use intensity" means, for a building, the total energy used by such building in a year, including losses that take place during generation, transmission and distribution of such energy, divided by the building's gross floor area.
Substantial reconstruction. The term "substantial reconstruction" means:
(1) For buildings not classified in occupancy group R, a capital project in which (i) the scope of work includes rehabilitation work in at least two of the following three major systems of the building: electrical, HVAC (heating, ventilating and air conditioning) and plumbing, and (ii) at least 50 percent of the building's gross floor area is subject to construction work.
(2) For buildings classified in occupancy group R, a capital project that includes (i) heating system replacement, which includes the heating equipment and distribution system, (ii) work on at least 75 percent of dwelling units contained within such building, including but not limited to fixture replacements in kitchens and bathrooms, and (iii) substantial work on the building envelope.
Substantial work on the building envelope. The term "substantial work on the building envelope" means the replacement or alteration of 50 percent or more of the building envelope's total glazing area, or 50 percent or more of the building envelope's total area of opaque components, including, but not limited to, recladding, work on the interior side of exterior walls, such as removal of interior wallboard or plaster, and roof replacements.
b. (1) Except as otherwise provided in this section, each capital project with an estimated construction cost of $2,000,000 or more involving the construction of a new building, an addition to an existing building or the substantial reconstruction of an existing building, shall be designed and constructed to comply with green building standards not less stringent than the standards prescribed for buildings designed in accordance with the LEED green building rating system to achieve a LEED gold or higher rating, or, with respect to buildings classified in occupancy groups F or H, to achieve a LEED certified or higher rating, or, with respect to buildings classified in occupancy group R, to comply with the version of the New York city overlay of the enterprise green communities criteria designated by rule of the department of housing preservation and development.
(2) This subdivision shall not apply to a capital project involving additions to or the substantial reconstruction of existing buildings in occupancy groups F or H with an estimated construction cost of not more than $10,000,000.
(3) If the mayor elects to utilize a green building standard other than the LEED green building rating system for compliance with paragraph (1) of this subdivision, the mayor shall publish findings demonstrating that such other green building standards are not less stringent than the LEED standards described above for achievement of a LEED gold or, if applicable, a LEED certified rating.
(4) The green building standards utilized by the city in accordance with this subdivision shall be reviewed and updated, as necessary, by the mayor no less often than once every three years.
c. For capital projects required to comply with subdivision b of this section that are buildings classified in occupancy groups E, F, H, I-2 or R, the mayor may, in coordination, when relevant, with the New York city economic development corporation, the New York city school construction authority or any other relevant office or agency, establish by rule alternative design and construction standards that may be less stringent than the green building standards described in subdivision b of this section provided that:
(1) For buildings classified in occupancy groups F, H or I-2, such alternative standards may be less stringent than the green building standards described in subdivision b only to the minimum extent necessary to address provisions of the green building standards described in such subdivision that the mayor finds to be impracticable or burdensome for the particular occupancy group;
(2) For buildings classified in occupancy group R, such alternative standards shall not be less stringent than the standards prescribed for buildings designed to achieve a LEED certified rating under LEED green building rating system version 4; and
(3) For buildings classified in occupancy group E, such alternative standards may be the version of the New York city green schools guide designated by the mayor but shall be not less stringent than the standards prescribed for buildings designed to achieve a LEED certified rating under LEED green building rating system version 4.
d. (1) In addition to compliance with subdivision b or c, each capital project that involves the construction of a new city-owned building, and each capital project that involves an addition to, or the substantial reconstruction of, an existing city-owned building, where such substantial reconstruction involves substantial work on the building envelope, shall be designed and constructed to reduce energy use as follows:
(a) For a building that is not classified in occupancy groups F or H, either:
(i) An energy use intensity that is no greater than 50 percent below the energy use intensity of such a building if designed and constructed according to the prescriptive and mandatory requirements of ASHRAE 90.1; or
(ii) For new buildings, a source energy use intensity not more than 38 kBTU/yr per square foot of floor area, and for additions to or substantial reconstructions of existing buildings involving substantial work on the building envelope, a source energy use intensity not more than 42 kBTU/yr per square foot of floor area.
(b) For a building classified in occupancy groups F or H, energy usage of the base building systems, exclusive of process loads, that is at least 50 percent less than such energy usage would be if such building were designed and constructed according to ASHRAE 90.1.
(2) For each capital project required to comply with this subdivision, the design agency shall:
(a) Conduct a design alternate study to construct such project as an onsite energy generating building;
(b) Where a capital project involves a building that is no more than three stories above grade, conduct a design alternate study to construct such project as a net zero energy building; and
(c) Conduct a design alternate study to construct such project to incorporate green infrastructure.
e. (1) Capital projects with an estimated construction cost of $12,000,000 or more required to comply with green building standards in accordance with subdivision b, and which involve buildings that are not city-owned or involve city-owned buildings not subject to subdivision d, shall be designed and constructed to reduce energy use as set forth in this subdivision, provided that this subdivision shall not apply to buildings that are not city-owned and projects involving city-owned buildings not subject to subdivision d that are classified in occupancy groups E or R.
(2) Capital projects with an estimated construction cost of $12,000,000 or more but less than $30,000,000 shall be designed and constructed to reduce energy use as follows:
(a) For capital projects involving buildings not classified in occupancy groups F or H that are new buildings or additions to existing buildings, the energy use intensity shall be no less than 25 percent below the design energy use intensity of such a building if designed and constructed according to the prescriptive and mandatory requirements of ASHRAE 90.1. For such capital projects that are substantial reconstructions of existing buildings, the energy use intensity shall be no less than 25 percent below the existing building's energy use as determined in accordance with a methodology determined by the mayor.
(b) For capital projects involving buildings classified in occupancy groups F or H that are for new buildings and additions to existing buildings, energy usage of the base building systems, exclusive of process loads, shall be no less than 25 percent below what it would be if such building were designed and constructed according to ASHRAE 90.1. For such capital projects that are for substantial reconstruction of existing buildings, energy usage shall be no less than 25 percent below the existing building's energy usage as determined in accordance with a methodology determined by the mayor.
(3) Capital projects with an estimated construction cost of $30,000,000 or more shall be designed and constructed to reduce energy use as follows:
(a) For capital projects involving buildings not classified in occupancy groups F or H that are for new buildings and additions to existing buildings, energy use intensity shall be no less than 30 percent below the design energy use intensity of such a building if designed and constructed according to the prescriptive and mandatory requirements of ASHRAE 90.1 1. For such capital projects that are for substantial reconstruction of existing buildings, design energy use intensity shall be no less than 30 percent below the existing building's energy use intensity measured in accordance with a methodology determined by the mayor.
(b) For capital projects involving buildings classified in occupancy groups F or H that are for new buildings and additions to existing buildings, energy usage of the base building systems, exclusive of process loads, shall be no less than 30 percent below what it would be if such building were designed and constructed according to ASHRAE 90.1. For such capital projects that are for substantial reconstruction of existing buildings, energy usage of the base building systems shall be no less than 30 percent below the existing building's energy usage as measured in accordance with a methodology determined by the mayor.
f. For capital projects required to comply with subdivision d or e, the mayor may establish an alternative energy intensity requirement for new buildings, or additions to or substantial reconstructions of existing buildings classified in a particular occupancy group that may be less stringent than the energy intensity requirements described in subdivision d or e. Such alternative energy intensity requirement may be less stringent than the energy use intensity described by subdivision d or e to the minimum extent necessary to avoid impracticality or undue burden found by the mayor for a particular occupancy group.
g. Capital projects, other than those required to comply with green building and energy use standards in accordance with subdivision b, that involve the installation or replacement of HVAC systems at an estimated construction cost for such installation or replacement of $2,000,000 or more, shall be designed and constructed to reduce energy use by a minimum of 10 percent from the standard as determined by the New York city energy conservation code, or other methodology designated by the mayor.
h. In addition to complying with any other applicable subdivisions in this section, each capital project involving the installation or replacement of plumbing systems that includes the installation or replacement of plumbing fixtures at an estimated construction cost for such installation or replacement of $500,000 or more shall be designed and constructed to reduce potable water consumption in the aggregate by a minimum of 30 percent from the calculated baseline as determined by a methodology not less stringent than that prescribed in LEED water efficiency: indoor water use reduction credit.
i. This section shall not apply to capital projects that only involve buildings classified in occupancy groups A-5 or U.
j. The mayor may exempt from each provision of this section a capital project accounting for up to 20 percent of the capital dollars in each fiscal year subject to such provision if, in the mayor's sole judgment, exemption from such provision is necessary for the public interest. At the conclusion of each year, the mayor shall inform the city council of any exemption granted pursuant to this subdivision.
k. This section shall not apply to capital projects of entities that are not city agencies unless 50 percent or more of the estimated cost of such project is to be paid for out of the city treasury. This exemption shall not apply to any capital project that receives $10,000,000 or more out of the city treasury.
l. The costs listed in subdivisions b, c, d and g are denominated in January 2022 dollars and shall be indexed to inflation annually.
m. Capital projects that are subject to subdivision b that utilize a version of the LEED green building rating system for which the United States green building council will accept applications for certification, shall apply to the United States green building council for certification that such projects have achieved a gold or higher rating under the LEED green building rating system, or where applicable, a certified or higher rating. The mayor shall establish an alternative certification process for capital projects that are complying with alternative standards promulgated by the mayor pursuant to subdivision c.
n. No later than December 1 of each year, the mayor shall submit to the speaker of the council a report, containing, at a minimum:
(1) For each capital project subject to this section completed during the preceding fiscal year:
(a) A brief description of such project, including the total cost of the project;
(b) The street address of such project and the community district and council district in which such project is located;
(c) The estimated level of LEED certification such project has achieved as determined by the city agency that designed such project in accordance with the LEED green building rating system or, if applicable, the level achieved, as certified by the United States green building council;
(d) A statement as to whether such project has been designed and constructed to comply with the energy use reduction required in subdivision e, as an onsite energy generating building or a net zero energy building and, for each project designed and constructed to comply with the prescribed energy use reduction, the energy use intensity for such building or, if the mayor has adopted an alternative energy intensity target pursuant to subdivision f, such alternative target;
(e) If such capital project was not designed and constructed as an onsite energy generating building, a description of the reasons therefor, a statement as to whether such building has been designed and constructed to produce any energy onsite from renewable energy sources and, if so, the amount of such onsite energy production expressed as a percentage of the building's total energy needs; and
(f) An assessment of the environmental and energy-related benefits achieved in comparison with a base-case code compliant project, including projected energy savings reductions in peak load, reductions in emissions and potable water use.
(2) The total value of capital allocations in the preceding calendar year to projects exempted from the requirements of this section by the mayor pursuant to subdivision j, and a list and brief description of each such project, including but not limited to square footage, project cost and the reason for such exemption, disaggregated by city agency.
o. The mayor shall publish online and submit a report to the speaker of the council within 12 months of establishing any alternative standards pursuant to subdivisions c or f, and every three years thereafter. Such report shall:
(1) Describe the alternative standard and the occupancy groups to which it will apply;
(2) Identify any provision in such alterative standard that is less stringent than the standard which it replaces, and for each such provision, describe the reasons why compliance with the standard which it replaces would be impracticable or unduly burdensome for buildings classified in such occupancy groups;
(3) For an alternative standard provided pursuant to subdivision c that is not for a building classified in occupancy group R, describe how such alternative standard is not less stringent than the standard prescribed for buildings designed to achieve a LEED certified rating under LEED green building rating system version 4; and
(4) Describe the reasons why the mayor has determined that such alternative standard continues to be necessary and why such standard cannot be made more stringent.
(Am. L.L. 2016/031, 3/28/2016, eff. 3/28/2016; Am. L.L. 2016/032, 3/28/2016, eff. 3/28/2016; Am. L.L. 2017/097, 5/30/2017, eff. 6/29/2017; Am. L.L. 2023/051, 4/16/2023, eff. 4/16/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2005/086, L.L. 2016/032, and L.L. 2023/051.
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