Every year at CNYC's housing conference,
CNYC board members Greg Carlson
and Leon Geoxavier present an Update
of NYC Codes and Rules. Many of
the topics listed below will be mentioned
in this update. See the chart on page 17
for this morning class.
BENCHMARKING SCORES
In 2009 the City passed a number of
Green Laws designed to reduce the carbon
footprint of large buildings. Local Law
84 required Benchmarking. This involved
entering detailed measurements of the
building into the EPA Portfolio Manager
along with specific data on electricity, fuel
and water use, and forwarding the information
to the New York City Department
of Finance. In 2011, data was entered
for the year 2010, with telephone help
available from the City as people undertook
this task for the first time.
In 2012, data was entered for the year
2011 and commercial buildings in New
York City were given a score, comparing
them with one another. This year,
the 2012 data has been entered and
residential buildings are to receive their
scores. There were delays occasioned
by EPA's reworking of Portfolio Manager,
so these scores have not yet been published.
CNYC has been advised that
they will be out in September.
Benchmarking scores are designed
to help buildings identify areas where
their energy performance cal be improved.
This will be part of their work
to comply with Local Law 87, which is
discussed below.
ENERGY AUDITS AND
RETRO-COMMISSIONING
Implementation of Local Law 87
begins this year, requiring buildings of
50,000 square feet or greater whose
property tax block number ends in "3"
to have had an energy audit performed
and to retro-commission building systems
to improve their efficiency, These
buildings must file an Energy Efficiency
Report by the end of the year.
Local Law 87 provided that an energy
audit is not required for the first
round of energy efficiency reports if a
registered design professional certifies
that:
- 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.
- 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.
- If the the building's benchmarking
performance is 25 or more points
better than the performance of an
average building of its type over a
two-year period within the threeyear
period prior to the filing of an
energy efficiency report. [unfortunately
not an option for buildings
with tax blocks ending in 3 or 4,
since these scores will first be provided
this year (see above)].
Local Law 87 further provides that an
energy audit shall not be required for the
first energy efficiency report of a simple
building [one without complex HVA C
systems, etc.] that is in compliance with
six out of seven of the following items as
certified by a registered design professional:
- Individual heating controls (thermostats)
in each dwelling unit and sensors
monitoring heat in other parts
of the building.
- Common area and exterior lighting
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.
- Low flow faucets and shower heads
on all faucets and showerheads
within the building.
- Pipe insulation on all exposed pipes
that are used to convey heat or hot
water, 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.
- D omestic hot water tanks that do
not have built-in insulation are insulated
with a minimum insulation
value of R-8.
- A ll common area clothes washing
machines are front loading.
- 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.
EARLY FILING OPTION
Building that have had qualifying energy
audits performed since 2006 can
opt to file an early energy efficiency report
by December 31, 2013, regardless
of their tax block number. Those doing
so will not again be required to file
until the year of their tax block number
comes up again (after 2022). The Real
Estate Board of New York (REBNY) has
requested that the City extend the deadline
for early filing. CNYC supports this
request and will advise members if it is
granted.
PHASING OUT #6 OIL
Since July of 2012, the City has
not been renewing the triennial boiler
permits of buildings that burn #6 oil.
Approximately one third of the buildings
that used #6 oil have now had to
switch, with the others soon to follow.
While the ideal situation would be to
change to clean burning #2 oil or to
natural gas (preferably while retaining
the option of using oil if necessary),
many affected buildings have found
this impossible, due to constraints of
time and money. They have opted instead
to use #4 oil and to make plans
to proceed to an affordable alternative
before 2030, when #4 oil will no longer
be permitted.
Many buildings fortunate enough to
be situated along the existing high pressure
gas lines, or in the areas where
these lines are being extended have
converted to natural gas and are enjoying
the much lower current cost of heating
with gas. This speeds their payback
of the often considerable funds invested
in the conversion.
THE MAYOR'S
CARBON CHALLENGE
In 2007 New York City released
PlaNYC, a sustainability plan that commits
to reducing citywide greenhouse gas
emissions by 30% by 2030. The Mayor's
Carbon Challenges invites large buildings
and complexes to proceed at an accelerated
pace, cutting emissions by 30% in
just 10 years. Participants receive public
recognition for energy efficiency and
sustainability operations. They will realize
cost savings through reduced energy
costs and will have access to technical
assistance and possible financial incentives.
There is benefit to participating and
no penalty for not quite achieving these
ambitious goals.
Dramatic carbon reduction can be
achieved through upgrading outdated
building equipment, or replacement of
heavy heating oil with cleaner burning
fuels, installation of lighting retrofits and
controls, improving HVAC efficiency, window
replacement, appliance replacement,
improving operations and maintenance of
building systems and changing residents
habits that are wasteful of energy.
To learn more about the Mayor's
Carbon Challenge, visit www.nyc.gov/
carbonchallenges. John Lee and Jenna
Taatum of the Mayor's Office of Long
Term Planning and Sustainability will
present a morning class at CNYC's 33rd
annual Housing Conference entitled
Greening NYC Buildings and Meeting
the Mayor's Carbon Challenge (see the
chart on page 17).
J-51 PROGRAM VIRTUALLY
EXCLUDES COOPS/CONDOS
The legislation that extended the
property tax abatement program for
home owners in New York City cooperatives
and condominiums (see
pages 1, 3, 8 and 9) also revived the
City's J-51 tax abatement and exemption
program for major capital improvements
which had sunset on December
31, 2011, but severely limited its availability
to cooperatives and condominiums.
The J-51 program enables buildings
to defray a portion of the costs of
building improvements through property
tax abatements over a period of
several years. The improvement must
be made and paid for before the J-51
application is filed.
Cooperatives and condominiums
that are converted from rentals, warehouses,
lofts continue to be eligible
for three years following conversion.
However, instead of raising the ceiling
on ongoing eligibility for cooperatives
and condominiums from an average
assessed value per unit of $40,000
that was set in 1992, this legislation
LOWERS that ceiling to $30,000.
This eliminates from ongoing eligibility
all but a very few open market cooperatives
and condominiums. Rental
properties and limited equity cooperatives
and condominiums continue to
be eligible.
Questions arise for buildings valued
at more than $30,000 and less than
$40,000 per unit that have undertaken
capital improvement projects with the
anticipation of qualifying for J-51 and
recovering some of their expenditures.
CNYC disputes the City's contention
that these cooperatives and condominiums
do not need the help that J-51 has
long provided.
FIRE SAFETY INSPECTIONS
TARGET BUILDINGS MOST AT RISK
The Fire Department regularly inspects
all of the buildings in its jurisdiction.
Now a new tool helps prioritize
these inspections. On May 20, 2013
Mayor Bloomberg and Fire Commissioner
Cassano announced that firefighters
citywide are now using new technology
that improves the Department's building
inspection program by focusing on
structures that pose the greatest fire
risk. The Risk Based Inspection System
application is the first of its kind in the
nation. It uses data from multiple sources,
to assess and prioritize 50,000 buildings
firefighters inspect annually. The
new system is part of an ongoing $24
million project to improve and enhance
the FDNY s building inspection unit.
This new technology gives firefighters
another tool to use in their efforts
to save more lives by further reducing
building fires in our city.
NYC WATER REPORT FOR 2012
The 2012 Annual Water Supply
and Quality Report is now available
for viewing at www.nyc.gov/
dep/2012waterquality. This report contains
detailed information about the
New York water supply and the quality
of drinking water. For a translation of
the report, or to speak with someone
about the information in the report,
please call 311. If you would like a paper
copy of the report mailed to your
home, please call 311 and DEP will mail
you a paper copy.
For more information about the New
York City Water Supply and to view
previous years' reports, go to www.
nyc.gov/dep. At CNYC's 33rd annual
housing Conference on Sunday, November
17th, the Department of Environmental
Protection will have a table
in the Exhibit Hall.
RECYCLING EXPANDED
TO INCLUDE RIGID PLASTIC
The Department of Sanitation has expanded
collection of recyclable materials
to include all types of rigid plastic containers.
This eliminates from the waste
stream a significant amount of material
that will now be recycled put to use. At
CNYC's 33rd annual housing Conference
on Sunday, November 17th, the Department
of Sanitation will have a table in the
Exhibit Hall and Eve Martinez, director of
the Apartment Building Recycling Initiative
(ABRI) will present a midday class
on Improving Recycling (see the chart on
page 17).
