Affordable housing properties and those eligible for a Prescriptive Pathway for Local Law 97 compliance through Article 321, are soon facing the deadline to complete installation of Prescriptive Energy Conservation Measures (PECMs). Measures must be installed by December 31, 2024. Now, it’s time to plan your property’s next steps. Can’t get the work done by the end of the year? DOB plans to offer some flexibility for properties who finish their PECM measures after the official installation deadline ends, but the time is now to get started.
The DOB has released significant guidance and laid out requirements for verification, submission, and possible Mediated Resolution for Prescriptive Pathway properties. At Bright Power, our team of compliance experts and retro-commissioning agents provide submission services based on the guidance provided by the DOB and customized to fit individual property needs.
Which Pathway is Best?
Affordable properties may qualify for several pathways to achieve compliance with LL97 and it’s vital to fully assess the compliance pathway requirements. Compliance can be achieved through one of the following pathways: the Standard Pathway, the 2026 Pathway, the 2035 Pathway, and the Prescriptive Pathway with PECM Option, or Prescriptive Pathway with the Performance Option. Pathway determination is critical in creating and executing an appropriate action plan for compliance.
Not sure which pathway applies to you? Reach out to your Bright Power Account Manager or email us for more information.
For the Performance Option, properties are required to achieve their 2030 carbon emissions caps based on their calendar year 2024 utility consumption, using 2030 emissions factors. Properties pursuing this pathway should confirm that their current emission factors based on historic usage are significantly lower than 2030 caps to be confident of complying under this pathway.
Otherwise, if a property cannot comply using the Performance Option, the Prescriptive Pathway under Article 321 requires installing all applicable PECMs before December 31st, 2024. As we near the end of 2024, most properties have completed an assessment and are either installing or have completed installation of PECMs. As a bonus to achieving LL97 compliance, most of these properties will now see energy savings resulting from the completed PECMs.
Install > Verify > Submit
As a final step, these properties must also engage a qualified retro-commissioning (RCx) agent, such as Bright Power, for the Verification and Submission process. In the latest guidance from the DOB, they provided the remaining details needed for most measures, including supporting documentation and templates for specific measures.
With thousands of buildings complying, time is of the essence to engage an RCx Agent for verification. RCx Agents must be engaged by February 1st, 2025, to ensure eligibility for all extension options. About 9,000 properties are expected to comply through the Prescriptive Pathway. Make sure your property is able to meet the Q1 deadlines by signing up now.
What’s Involved in Verification?
The verification process for these properties involves a qualified rRCx agent visiting the property to collect all relevant information associated with applicable PECMs and to confirm compliance. For four PECMs, the DOB requires completing measure templates as part of the verification process.
Per the latest guidance from the DOB, Building Energy Analysis Manager (BEAM) will serve as the reporting portal for LL97, including Article 321 Prescriptive Pathway. Applicants or their retro-commissioning agents will upload the Prescriptive Energy Conservation Measure (PECM) templates and other supporting documents into the BEAM portal.
Important Timelines
Don’t miss key dates to follow in the path to compliance via the LL97 Prescriptive Pathway:
For properties that won’t be ready to comply by May 1st, there are two types of short-term extensions that all properties will have access to:
Penalty
Properties are liable to a civil penalty of $10,000 for failing to establish compliance via the Prescriptive Pathway, for each covered building. The penalty would increase to $20,000 for not submitting any documentation for this pathway. These fines may be charged annually until compliance is met.
Penalty Mitigation and Extension Requests
The Mediated Resolution offers properties on Prescriptive Pathway additional time to comply with the law, for properties that
can illustrate that they are making diligent efforts to comply with Article 321 but need additional time for completion. Properties can either request an additional year to implement PECMs, or ask for an extra five years to get under your 2030 emission cap in 2030. To apply, properties will need to include a copy of their LL84 benchmarking report, a documentation certified by an RDP showing what work has already been completed, and what still needs to be addressed.
In their latest guidelines, the DOB provided the flowchart below for properties to determine their course of action.
Filing Fees
- Prescriptive Pathway
- Compliance Report – $210
- Mediated Resolution – $800
- Local Law 88 Filing – $115
How Can Bright Power Help Me Comply?
Bright Power’s services are specifically designed to support building owners and operators who need help with LL97 compliance. When selecting a service provider, make sure they can provide an array of support, including:
- PECM expertise and compliance pathway assessments
- PECM Verification & Submission by a qualified Retro-commissioning Agent
- Special assistance for properties facing fines from 2024-2029
- Custom LL97 support
It’s critical to secure your Local Law 97 service provider as soon as possible.
Not sure how to get started? Reach out to your Bright Power account manager for assistance or email us to get connected to our customer success team.