Carbon Emissions and Energy Benchmarking

States 1. New York.-NewYork City has taken an early and aggressive approach in grappling with the climate crisis by implementing a variety of energy-based local laws since 2009.Notably, Local Law 84 of 2009, as amended by Local Law 133 of 2016, requires owners of "covered buildings" to annually measure their energy and potable water consumption. 14Furthermore, Local Law 33 of 2018, in conjunction with Local Law 95 of 2019, requires covered buildings to not only benchmark their energy and water usage, but also obtain and display energy efficiency scores for public view. 15Each of these three Local Laws pertaining to energy and water efficiency are explained individually below.a. Local Laws 84 and 133.-Beginning in 2009, Local Law 84, and Local Law 133 later in 2016, required building owners to generate and submit annual reports of their energy and water consumption annually via the Energy Star Portfolio Manager. 16 Failure to submit these reports would result in a fine against the building owner of $500 per quarter for noncompliance. 17 Local Laws 84 and 133 apply to buildings that: (i) exceed 25,000 gross square feet; (ii) are comprised of two or more buildings on the same tax lot that together exceed 100,000 gross square feet; and (iii) include two or more buildings held as a condominium that together exceed 100,000 gross square feet. 18Some buildings are excluded from needing to comply with Local Laws 84 and 133 (e.g., one-, two-, and three-story residential dwellings, as well as certain real property under four stories where each owner or occupant controls and is responsible for the maintenance of the heating, ventilation, and air conditioning (HVAC) systems and hot water systems). 19 b.Local Laws 23 and 95.-In 2018 and 2019, respectively, Local Laws 33 and 95 required covered buildings to display an energy efficiency score in the entrance of the building. 20 Energy efficiency scores are based on annual energy reports that are required to be reported by May 1 of each year.Energy Efficiency scores are given grades based on their energy usage