Section 28-308.1
§ 28-308.1 Definitions. As used in this article, the following terms
shall have the following meanings:
BASE BUILDING SYSTEMS. The systems or subsystems of a building that
use energy and/or impact energy consumption including:
1. The building envelope.
2. The HVAC (heating ventilating and air conditioning) systems.
3. Conveying systems.
4. Domestic hot water systems.
5. Electrical and lighting systems.
Exception: The term "base building systems" shall not include:
1. Systems or subsystems owned by tenants (other than a net lessee for
a term of 49 years or more, inclusive of renewal options), condominium
unit owners or cooperative unit shareholders, or a system or subsystems
for which a tenant bears full maintenance responsibility and that is
within the tenant's leased space and/or exclusively serves such leased
space.
2. Industrial processes that occur within a covered building.
BUILDING MANAGEMENT SYSTEM. A computer-based system that monitors and
controls a building's mechanical and electrical equipment, such as HVAC,
lighting, power, fire, and security systems, including, at a minimum,
control of the heating equipment using interior temperature sensors.
CITY BUILDING. A covered building that is owned by the city and for
which the city regularly pays all or part of the annual energy bills.
Exception: The term "city building" shall not include:
1. Any building that participates in the tenant interim lease
apartment purchase program.
2. Any building that participates in a program administered by the
department of housing preservation and development.
3. Any building managed by the New York city health and hospitals
corporation.
4. Any senior college in the City University of New York system.
5. Any cultural institution that is in the Cultural Institutions Group
as determined by the department of cultural affairs.
COVERED BUILDING. As it appears in the records of the department of
finance: (i) a building that exceeds 50,000 gross square feet (4645
m{2}), (ii) two or more buildings on the same tax lot that together
exceed 100,000 gross square feet (9290 m{2}), or (iii) two or more
buildings held in the condominium form of ownership that are governed by
the same board of managers and that together exceed 100,000 gross square
feet (9290 m{2}).
Exception: The term "covered building" shall not include real property
classified as class one pursuant to subdivision one of section 1802 of
the real property tax law of the state of New York.
CURRENT FACILITY REQUIREMENTS. The owner's current operational needs
and requirements for a building, including temperature and humidity set
points, operating hours, filtration, and any integrated requirements
such as controls, warranty review, and service contract review.
ENERGY AUDIT OR AUDIT. A systematic process of identifying and
developing modifications and improvements of the base building systems,
including but not limited to alterations of such systems and the
installation of new equipment, insulation or other generally recognized
energy efficiency technologies to optimize energy performance of the
building and achieve energy savings, provided that such process shall
not be less stringent than the Level II Energy Survey and Engineering
Analysis of the 2004 edition of Procedures for Commercial Building
Energy Audits published by the American Society of Heating,
Refrigerating and Air-conditioning Engineers Inc. (ASHRAE).
ENERGY AUDITOR. An approved agency authorized by the department to
perform energy audits and to certify audit reports required by this
article. Until such time as there is a national standard establishing
qualifications for persons performing energy audits and such standard
has been adopted by the department, an energy auditor shall be a
registered design professional with such other certification or
qualification as the department deems to be appropriate. After the
establishment of such a national standard, the department may adopt the
qualifications of the national standard with such modifications as the
department deems to be appropriate.
ENERGY MANAGEMENT SYSTEM. A system incorporating interior temperature
sensors and a central processing unit and controls, which are used to
monitor and control gas, steam and oil usage, as is applicable, based on
the need for heating.
ENERGY EFFICIENCY REPORT. The report required to be filed pursuant to
section 28-308.4.
FINANCIAL HARDSHIP (OF A BUILDING). A building shall be considered to
be subject to financial hardship if the building:
1. Had arrears of property taxes or water or wastewater charges that
resulted in the property's inclusion, within two years prior to the due
date of an energy efficiency report, on the department of finance's
annual New York city tax lien sale list;
2. Is exempt from real property taxes pursuant to sections 420-a,
420-b, 446 or 462 of the real property tax law and applicable local law
and the owner had negative revenue less expenses during the two tax
years prior to the due date of an energy efficiency report as certified
to the department by a certified public accountant;
3. Had outstanding balances under the department of housing
preservation and development's emergency repair program that resulted in
the property's inclusion, within two years prior to the due date of an
energy efficiency report, on the department of finance's annual New York
city tax lien sale list; or
4. Has an active or effective commitment letter from a governmental
agency that provides for the financing of the rehabilitation, within a
period of 5 years or less, of such building by such government agency
for the purposes of affordable housing for low or moderate income
families.
OWNER. The owner of record of a covered building, except that in the
case of a net lease of an entire building for a term of 49 years or
more, inclusive of renewal options, the term owner shall refer to the
net lessee and in the case of a covered building held in cooperative or
condominium form of ownership, the term owner shall refer to the board
of managers in the case of a condominium and the board of directors in
the case of a cooperative apartment corporation.
RETRO-COMMISSIONING. A systematic process for optimizing the energy
efficiency of existing base building systems through the identification
and correction of deficiencies in such systems, including but not
limited to repairs of defects, cleaning, adjustments of valves, sensors,
controls or programmed settings, and/or changes in operational
practices.
RETRO-COMMISSIONING AGENT. An individual, who shall not be a certified
refrigerating system operating engineer or a licensed high pressure
boiler operating engineer on the staff of the building being
retro-commissioned, authorized by the department to certify
retro-commissioning reports required by this article. Until such time as
there is a national standard establishing qualifications for persons who
perform retro-commissioning and such standard has been adopted by the
department, a retro-commissioning agent shall be a registered design
professional, a certified refrigerating system operating engineer, or a
licensed high pressure boiler operating engineer, with such other
qualification or certification as determined by the department. After
the establishment of such a national standard, the department may adopt
the qualifications of the national standard with such modifications as
the department deems to be appropriate.
SIMPLE BUILDING. A covered building with neither a central chilled
water system nor a central cooling system that covers more than 10% of
the building's gross area.
SIMPLE PAYBACK. The number of years for the projected annual energy
savings to equal the amount invested in the energy conservation measure,
as determined by dividing the investment by the annual energy savings.
SPACE. An area within a building enclosed by floor to ceiling walls,
partitions, windows and doors.
SYSTEM OR SUBSYSTEM. Shall have the same definition as set forth in
section 202 of the New York city energy conservation code.
Section 28-308.2
§ 28-308.2 Energy audits required. The owner shall ensure that an
energy audit is performed on the base building systems of a covered
building prior to filing an energy efficiency report as required by this
article. Except as otherwise provided in section 28-308.7, an energy
audit shall be performed by or under the supervision of an energy
auditor and shall be performed in accordance with rules promulgated by
the department. The audit process shall cover the base building systems
and shall identify at a minimum:
1. All reasonable measures, including capital improvements, that
would, if implemented, reduce energy use and/or the cost of operating
the building;
2. For each measure, the associated annual energy savings, the cost to
implement, and the simple payback, calculated by a method determined by
the department;
3. The building's benchmarking output consistent with the United
States Environmental Protection Administration (EPA) Portfolio Manager
tool or as otherwise established by the department;
4. A break-down of energy usage by system and predicted energy savings
by system after implementation of the proposed measures; and
5. A general assessment of how the major energy consuming equipment
and systems used within tenant spaces impact the energy consumption of
the base building systems based on a representative sample of spaces.
Exceptions:
1. No energy audit is required if the building complies with one of
the following as certified by a registered design professional:
1.1. The covered building has received an EPA Energy Star label for at
least two of the three years preceding the filing of the building's
energy efficiency report.
1.2. There is no EPA Energy Star rating for the building type and a
registered design professional submits documentation, as specified in
the rules of the department, that the building's energy performance is
25 or more points better than the performance of an average building of
its type over a two-year period within the three-year period prior to
the filing of an energy efficiency report consistent with the
methodology of the Leadership in Energy and Environmental Design (LEED)
2009 rating system for Existing Buildings published by the United States
Green Building Council (USGBC) or other rating system or methodology for
existing buildings, as determined by the department.
1.3. The covered building has received certification under the LEED
2009 rating system for Existing Buildings published by the USGBC or
other rating system for existing buildings, as determined by the
department, within four years prior to the filing of the building's
energy efficiency report.
2. An energy audit shall not be required for the first energy
efficiency report of a simple building that is in compliance with six
out of seven of the following items as certified by a registered design
professional:
2.1. Individual heating controls. (i) Each dwelling unit in the
building has one or more thermostatic controls controlling all the
heating units within the the dwelling unit and any heated space not
within a dwelling unit has one or more thermostatic controls controlling
all the heating units within the space, or (ii) the building has a
central heating system controlled by an energy management system or a
building management system that incorporates temperature sensors located
in at least 10 percent of the dwelling units and 10 percent of the
heated spaces, except that the total number of sensors required within
the building shall not be less than 10 nor more than 30.
2.2. Common area and exterior lighting. Common area (lighting outside
of tenant spaces) and exterior lighting, at a minimum, are in compliance
with the provisions of the New York city energy conservation code as in
effect for new systems installed on or after July 1, 2010.
2.3. Low flow faucets and shower heads. All faucets and showerheads
within the building, at a minimum, meet the standards of table 604.4 of
the New York city plumbing code as in effect for new systems installed
on or after July 1, 2010.
2.4. Pipe insulation. All exposed pipes that are used to convey heat
or hot water are insulated, at a minimum, in accordance with the
standards of the New York city energy conservation code as in effect for
new systems installed on or after July 1, 2010.
2.5. Domestic hot water. All domestic hot water tanks that do not have
built-in insulation are insulated with a minimum insulation value of
R-8.
2.6. Washing machines. All common area clothes washing machines are
front loading.
2.7. Cool roof. The roof complies with section 1504.8 of the New York
city building code as in effect for new buildings constructed on or
after July 1, 2010.
Section 28-308.2.1
§28-308.2.1 Contents of audit report. The energy auditor shall prepare
and certify a report of the energy audit. Except as otherwise provided
in section 28-308.7, the audit report shall include such information
relating to the audit as shall be specified in the rules of the
department, including but not limited to (i) the date that the audit was
completed, and (ii) the information specified in section 28-308.2.
Section 28-308.2.1.1
§ 28-308.2.1.1 Compliance with landmarks laws. The cost estimates for
covered buildings that are regulated by any city, state or federal law
regulating landmarks and historic buildings shall include all additional
costs necessary for the proposed work to comply with such law.
Section 28-308.2.2
§ 28-308.2.2 Timing of energy audit. Except as otherwise provided in
section 28-308.7, the energy audit shall be completed no earlier than
four years prior to the date on which a covered building's energy
efficiency report is filed with the department pursuant to this article.
Section 28-308.3
§ 28-308.3 Retro-commissioning required. The owner shall ensure that
retro-commissioning is performed on the base building systems of a
covered building prior to filing an energy efficiency report as required
by this article. Except as otherwise provided in section 28-308.7,
retro-commissioning shall be performed by or under this supervision of a
retro-commissioning agent in accordance with rules promulgated by the
department. Such rules, at a minimum, shall ensure that sufficient
analysis, corrections and testing have been done so that the base
building systems meet the following criteria demonstrating efficient
operation:
1. Operating protocols, calibration, and sequencing:
1.1. HVAC temperature and humidity set points and setbacks are
appropriate and operating schedules reflect major space occupancy
patterns and the current facility requirements.
1.2. HVAC sensors are properly calibrated.
1.3. HVAC controls are functioning and control sequences are
appropriate for the current facility requirements.
1.4. Loads are distributed equally across equipment when appropriate
(i.e. fans, boilers, pumps, etc. that run in parallel).
1.5. Ventilation rates are appropriate for the current facility
requirements.
1.6. System automatic reset functions are functioning appropriately,
if applicable.
1.7. Adjustments have been made to compensate for oversized or
undersized equipment so that it is functioning as efficiently as
possible.
1.8. Simultaneous heating and cooling does not occur unless intended.
1.9. HVAC system economizer controls are properly functioning, if
applicable.
1.10. The HVAC distribution systems, both air and water side, are
balanced.
1.11. Light levels are appropriate to the task.
1.12. Lighting sensors and controls are functioning properly according
to occupancy, schedule, and/or available daylight, where applicable.
1.13. Domestic hot water systems have been checked to ensure proper
temperature settings.
1.14. Water pumps are functioning as designed.
1.15. System water leaks have been identified and repaired.
2. Cleaning and repair:
2.1. HVAC equipment (vents, ducts, coils, valves, soot bin, etc.) is
clean.
2.2. Filters are clean and protocols are in place to replace, as
appropriate.
2.3. Light fixtures are clean.
2.4. Motors, fans, and pumps, including components such as belts,
pulleys, and bearings, are in good operating condition.
2.5. Steam traps have been replaced as required to maintain efficient
operation, if applicable.
2.6. Manual overrides on existing equipment have been remediated.
2.7. Boilers have been tuned for optimal efficiency, if applicable.
2.8. Exposed hot and chilled water and steam pipes three (3) inches or
greater in diameter with associated control valves are insulated in
accordance with the standards of the New York city energy conservation
code as in effect for new systems installed on or after July 1, 2010.
2.9. In all easily accessible locations, sealants and weather
stripping are installed where appropriate and are in good condition.
3. Training and documentation:
3.1. Permits for all HVAC, electrical and plumbing equipment are in
order.
3.2. Critical operations and maintenance staff have received
appropriate training, which may include labor/management training, on
all major equipment and systems and general energy conservation
techniques.
3.3. Operational and maintenance record keeping procedures (log books,
computer maintenance records, etc.) have been implemented.
3.4. The following documentation is on site and accessible to the
operators: the operations and maintenance manuals, if such manuals are
still available from the manufacturer, the maintenance contracts, and
the most recent retro-commissioning report.
Exception: No retro-commissioning is required if the covered building
has received certification under the LEED 2009 rating system for
Existing Buildings published by the USGBC or other rating system for
existing buildings, as determined by the department, within two years
prior to the filing of the building's energy efficiency report and
earned the LEED point for Existing Building Commissioning investigation
and analysis and the LEED point for Existing Building Commissioning
implementation.
Section 28-308.3.1
§ 28-308.3.1 Contents of retro-commissioning report. The
retro-commissioning agent shall prepare and certify a
retro-commissioning report. The retro-commissioning report shall include
such information relating to the retro-commissioning 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 person performing
retro-commissioning and any staff involved in the project.
1.3. Name, affiliation, and contact information for persons performing
retro-commissioning and members of the retro-commissioning team, 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 in the base building systems.
2.2. Benchmarking output.
3. Testing protocol:
3.1. List of all equipment types tested.
3.2. For each equipment type tested, a list of the sample rates
(percent of each type of equipment tested), the testing methodology,
including any diagnostic equipment used, and the test results.
3.3. List of integrated system testing performed.
4. Master list of findings, including for each, the name of the
retro-commissioning measure and its assigned number, a brief description
of the measure, recommended corrections, the benefits attained,
estimated annual savings (energy and cost), the estimated implementation
cost, and the simple payback.
5. Deficiencies corrected:
5.1. List of repairs completed during investigation.
5.2. List of deficiencies corrected, including, for each deficiency,
the date corrected, by whom the correction was made, the actual cost,
and projected savings.
Section 28-308.3.2
§ 28-308.3.2 Timing of retro-commissioning. Except as otherwise provided
in section 28-308.7, the retro-commissioning shall be completed no
earlier than four years prior to the date on which a covered building's
energy efficiency report is filed with the department pursuant to this
article.
Section 28-308.3.3
§ 28-308.3.3 Documentation of retro-commissioning. A copy of the latest
up-to-date equipment manuals and the most recent retro-commissioning
report shall be maintained at every covered building and shall be made
available upon request for inspection by the department.
Section 28-308.4
§ 28-308.4 Energy efficiency report required. Except as otherwise
provided in section 28-308.7, the owner of a covered building shall file
an energy efficiency report for such building between January first and
December thirty-first of the calendar year in which such report is due
pursuant to this section and between January first and December
thirty-first of every tenth calendar year thereafter.
Exceptions:
1. An owner may apply for an extension of time to file an energy
efficiency report if despite such owner's good faith efforts, to be
documented in such application, the owner is unable to complete the
required energy audit and retro-commissioning prior to the scheduled due
date for such report. The commissioner may grant no more than two such
extensions of no more than one year each. Extensions granted pursuant to
this provision shall not extend the scheduled due dates for subsequent
energy efficiency reports.
2. An owner may receive annual extensions of time to file an energy
efficiency report based on financial hardship of the building.
Section 28-308.4.1
§ 28-308.4.1 Due dates. The first energy efficiency reports for covered
buildings in existence on the effective date of this article and for new
buildings shall be due, beginning with calendar year 2013, in the
calendar year with a final digit that is the same as the last digit of
the building's tax block number, as illustrated in the following chart:
Last digit of 0 1 2 3 4 5 6 7 8 9
tax block
number
Year first EER
is due 2020 2021 2022 2013 2014 2015 2016 2017 2018 2019
Owners of covered buildings (i) that are less than 10 years old at the
commencement of their first assigned calendar year or (ii) that have
undergone substantial rehabilitation, as certified by a registered
design professional, within the 10 year period prior to any calendar
year in which an energy efficiency report is due, such that at the
commencement of such calendar year all of the base building systems of
such building are in compliance with the New York city energy
conservation code as in effect for new buildings constructed on and
after July 1, 2010, or as in effect on the date of such substantial
rehabilitation, whichever is later, may defer submitting an energy
efficiency report for such building until the tenth calendar year after
such assigned calendar year.
Exception: The first due dates for city buildings shall be in
accordance with a staggered schedule, commencing with calendar year 2013
and ending with calendar year 2022 for buildings in existence on the
effective date of this article, to be submitted by the department of
citywide administrative services to the department on or prior to
December 31, 2011. A city building constructed after the effective date
of this article shall be added to such schedule within 10 years after
the issuance of the first certificate of occupancy for such building.
Copies of energy efficiency reports submitted to the department with
respect to city buildings that are not submitted by the department of
citywide administrative services shall also be submitted to the
department of citywide administrative services.
Section 28-308.4.2
§ 28-308.4.2 Combined audit and retro-commissioning. Nothing in this
article shall prevent an owner from performing the audit and the
retro-commissioning in a combined process, provided that all the
requirements of sections 28-308.2 and 28-308.3 are met.
Section 28-308.5
§ 28-308.5 Content of energy efficiency report. Except as otherwise
provided in section 28-308.7, the energy efficiency report shall
include, in a format prescribed by the department, (i) the energy audit
report or documentation substantiating that an exception as set forth in
section 28-308.2 applies to such building, and (ii) the
retro-commissioning report or documentation substantiating that an
exception as set forth in section 28-308.3 applies to such building.
Section 28-308.6
§ 28-308.6 Notification by the department of finance. The department of
finance shall notify the owner of the requirements of this article three
years prior to the calendar year in which the covered building's energy
efficiency report is due and in the calendar year prior to the calendar
year in which such report is due.
Section 28-308.7
§ 28-308.7 Early compliance. Notwithstanding any other provision of
this article, an owner may submit an energy efficiency report, including
both an energy audit report pursuant to section 28-308.7.1 and a
retro-commissioning report pursuant to section 28-308.7.2, in the
calendar year commencing January 1, 2013 and ending December 31, 2013 in
order to achieve early compliance with this section. An energy
efficiency report submitted for early compliance shall be deemed to
satisfy the first required energy efficiency report for the building as
assigned pursuant to section 28-308.4.1. The next required energy
efficiency report for such building shall be due in the tenth calendar
year after the first assigned due date for such report.
Section 28-308.7.1
§ 28-308.7.1 Early compliance energy audit report. An energy audit
report for a covered building shall be acceptable for early compliance
if it is completed after January 1, 2006 and it includes:
1. The address of the building, completion date of the audit,
signature and credentials of the person performing or supervising the
performance of the audit and of the audit team; and
2. The information required in items 1 through 5 of section 28-308.2.
Section 28-308.7.1.1
§ 28-308.7.1.1 Early compliance audit completed after January 1, 2006
and prior to the effective date of this article. An early compliance
audit completed after January 1, 2006 and prior to the effective date of
this article shall have met the following additional criteria:
1. The audit shall have met the requirements of the Level II Energy
Survey and Analysis of the 2004 edition of Procedures for Commercial
Building Energy Audits published by ASHRAE; or
2. The audit shall have been performed under a New York Power
Authority or New York State Energy Research and Development Authority
(NYSERDA) contract or by a NYSERDA Flex Tech contractor; and
3. The audit report shall be submitted along with certification by a
registered design professional that the audit satisfies the criteria of
this section.
4. A partial audit completed after January 1, 2006 and prior to the
effective date of this article shall qualify for early compliance only
if the base building systems that were not subject to such audit are
audited, after the effective date of this article, in the manner set
forth in section 28-308.7.1.2.
Section 28-308.7.1.2
§ 28-308.7.1.2 Early compliance audit completed after the effective
date of this article. An early compliance audit completed after the
effective date of this article shall meet the following additional
criteria:
1. The audit shall be performed by or under the supervision of a
registered design professional and shall meet the requirements of the
Level II Energy Survey and Analysis of the 2004 edition of Procedures
for Commercial Building Energy Audits published by ASHRAE;
2. The auditing team shall include an individual who is one of the
following:
2.1. A NYSERDA-approved Flex Tech contractor;
2.2. A Certified Energy Manager (CEM) or Certified Energy Auditor
(CEA), certified by the Association of Energy Engineers (AEE);
2.3. A High-Performance Building Design Professional (HPBD) certified
by ASHRAE; or
2.4. For audits of multifamily residential buildings only, a
Multi-family Building Analyst (MFBA), certified by the Building
Performance Institute (BPI), or have such other qualification or
certification as determined by the department;
3. An individual with at least three years of professional experience
performing energy audits on buildings larger than 50,000 gross square
feet (4645 m{2}) shall be a member of the auditing team;
4. The building's operations and maintenance staff shall be consulted
at the start of and during the audit process; and
5. The registered design professional performing or supervising the
audit shall certify that the audit satisfies the criteria of this
section.
Section 28-308.7.2
§ 28-308.7.2 Early compliance retro-commissioning. a.
Retro-commissioning shall be acceptable for early compliance if it is
completed after the effective date of this article and meets the
following criteria:
1. The retro-commissioning shall be performed under a NYSERDA contract
for base building retro-commissioning or certified by an individual who
is not on the staff of the building and is (i) a registered design
professional, (ii) a certified Refrigerating System Operating Engineer,
or (iii) a licensed High Pressure Boiler Operating Engineer;
2. The retro-commissioning team shall include an individual who is a
Certified Commissioning Professional (CCP) certified by the Building
Commissioning Association (BCA), a Certified Building Commissioning
Professional (CBCP) certified by the AEE, a Commissioning Process
Management Professional (CPMP) certified by ASHRAE, or an Accredited
Commissioning Process Authority Professional (ACPAP) approved by the
University of Wisconsin, or has such other certification as determined
by the department;
3. The retro-commissioning team shall include an individual with at
least one year of professional experience performing retro-commissioning
on the mechanical systems of buildings larger than 50,000 gross square
feet (4645 m{2});
4. The building's operations and maintenance staff shall be consulted
at the start of and during the retro-commissioning process; and
5. The retro-commissioning report shall contain a certification that
sufficient analysis and testing has been done and corrections have been
performed so that the base building systems meet the criteria of section
28-308.3 and shall include the information specified in section
28-308.3.1.
b. Nothing in this section shall be construed to determine which
individuals may perform the work to correct deficiencies identified
during the retro-commissioning process, except as otherwise provided by
applicable law.
Section 28-308.8
§ 28-308.8 Optional compliance for energy efficiency reports due in
the calendar year commencing January 1, 2013. Notwithstanding any other
provision of this article, audits and retro-commissioning for energy
efficiency reports scheduled to be due in the calendar year commencing
January 1, 2013 shall be performed, at the option of the owner, in
accordance with the provisions for early compliance set forth in section
28-308.7 or in accordance with procedures set forth in the rules of the
department, if such procedures are promulgated within one year prior to
the due date of such report. If such procedures are not promulgated
within one year prior to the due date of such report, audit and
retro-commissioning for energy efficiency reports due in the calendar
year commencing January 1, 2013 shall comply with the audit and
retro-commissioning procedures for early compliance.
Section 28-308.9
§ 28-308.9 Rules. The department shall promulgate such rules as are
necessary to carry out the provisions of this article in a timely
manner, which may include separate fees for filing and review of
applications and reports filed pursuant to this article.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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