Local Law 87: Energy Audits & Retro-Commissioning

Qualifying Facts:

• In alignment with annual benchmarking, these measures will work to optimize buildings' energy performance.
The audit and retro-commissioning information includes the following:

o Basic team information

o General building information

o Existing equipment inventory

o Energy end use breakdown

o Energy conservation measures identified from the audit

o Retro-commissioning measures

• NYC Buildings larger than 25,000 sqft. are required to conduct energy audits (ASHRAE Level 2) and retro-commissioning to file an Energy Efficiency Report (EER) with the NYC Department of Buildings (DOB) once every 10 years, based on building tax block number. 

• Energy auditing and retro-commissioning produces valuable data and information about optimizing building performance. 

• The Energy Efficiency Reports (EER) is comprised of two complimentary reports: Energy audit and Retro-Commissioning measures

o EERC1: Energy Auditor and Owner Statements and Energy Audit Reporting Tool

o EERC2: Retro-Commissioning Agent and Owner Statements, Retro-Commissioning Tool

• Property must comply with a list of 28 building operation measures specified in the law. The Rule provides sample rates for each required measure, as well as thresholds for what types of equipment are subject to retro-commissioning

• All base building energy systems are covered in the Energy Audit and Retro-Commissioning, including:

o HVAC (Heating, Ventilation and Air Conditioning)

o Electrical and Lighting

o Domestic Hot Water

o Building Envelope

o Conveying Systems

Exclusions

o Tenant Systems

o Tenant Equipment

• This EER filing must be completed by a licensed professional in New York State with appropriate audit or retro-commissioning qualifications 

• Exemption from the entire Energy Efficiency Report (EER):

o Building owners do not have to conduct an energy audit or retrocommissioning, or file the EER, if the building is classified as Class 1 pursuant to subdivision 1802 of the real property tax law of the state of New York. This includes 1, 2, or 3 family dwellings that are not condominiums or 1, 2, or 3 family condos of 3 stories or less. 

• A violation is issued for any building that does not file an EER by December 31 of the year in which the EER is due. Failure to file by December 31 will result in a penalty of $3,000.00 for the first year. Continued failure to file will result in additional violations on an annual basis of $5,000.00 for each subsequent year

Energy audit is an assessment of energy use, which is used to identify sources of inefficient performance and energy conservation measures to achieve energy savings. 

• An energy audit focuses on what new, better, smarter equipment equipment/systems a building should consider acquiring (but not required). 

o An energy audit is an analysis of a building’s energy equipment, systems, envelope, and operations, that:

- Identifies cost effective options to save energy

- Recommends energy saving strategies (including cost estimates and payback)

• The energy audit must include all of the base building systems (building envelope, HVAC systems, conveying systems, and electrical and lighting systems), and must identify all reasonable measures and capital improvements that would result in energy use or cost reductions, the associated savings, cost of implementation, and simple payback period.

• Energy Audit must be performed by or under the supervision of an energy auditor. An energy audit is an inspection, survey, analysis, and report of energy flows to improve energy efficiency in a building.

Retro-commissioning is to optimize existing system performance by testing and fine-tuning existing building systems in place to improve energy efficiency and optimal performance and leading to reduction of energy waste rather than major equipment replacements:

Basic steps for the retro-commissioning process are:

1. Assess building's intended use and expected operating parameters
2. Test building systems and verify performance of all building equipment

Examples:

• Checking HVAC controls

• Calibrating lighting sensors

• Ensuring pipe insulation

3. Document a corrective action response for all systems and equipment that deviated from expected performance parameters
4. Update the building operating plan and/or systems narrative as required