New Guidance Available for LL97 Prescriptive Pathway

The NYC Department of Buildings (DOB) has been busy this winter! In addition to finalizing the second phase of draft rules, they published key new guidance for Prescriptive Pathway, including a Filing Guide, a list of required eligibility documents for each pathway, and more.

Guidance Differs by Pathway

The guidance update is specific to Prescriptive Pathway, which is one of four primary compliance pathways under the law:

1. 1. Standard Pathway
   2. Prescriptive Pathway ←In this blog, we are talking about Prescriptive Pathway only!
   3. 2026 Pathway
   4. 2035 Pathway

Not sure where you fall? Check out our earlier blog post which breaks it down here. 

Prescriptive Pathway is no longer automatically one-and-done!

Previously, there were no future LL97 requirements for properties on the Prescriptive Pathway as long as they successfully comply on time by May 1, 2025. However, the new guidance makes key clarifications:

• Properties must maintain eligibility for Prescriptive Pathway every year (see this list for the required documentation)
• If properties do not maintain eligibility, they will get moved to a different pathway starting January 1st following the change

This is a critical update! It means that properties with expiring rent regulation could be forced onto Standard, 2026, or 2035 Pathways, and would be required to meet an annual emissions target and be subject to annual fines.

We understand that this is a challenging development for some of our partners, and so our team has developed a survey tool to help you anticipate which pathway is applicable to your property and if there is risk of falling into an unexpected category. Reach out to your Bright Power Account Manager for assistance or email us at info@brightpower.com for more information.

How to Get Extra Time to Comply

The second phase of rules included a new provision for all properties called Mediated Resolution that allows owners to craft a custom compliance plan with DOB staff if they are not able to comply on time. This month, the DOB released additional detail on how this process will work for Prescriptive Pathway.

If you can show DOB that you have made an effort to comply on time, DOB may offer the following extensions:

*Note that Mediated Resolution requires a special application form and there is no guarantee DOB will approve all Mediated Resolution requests. We recommend Prescriptive Pathway properties make every effort to comply with the law on-time, and only explore Mediated Resolution as a back-up option if necessary.

Technical Guidance for PECMs

For properties that choose to comply with Prescriptive Pathway by installing the 13 PECMs, the original law left many unanswered questions about how to install the measures successfully. The second phase of rules finalized in late 2023 included some initial technical guidance for each measure and the new filing guide released in early 2024 added additional information on this subject as well. 

DOB’s guidance for most of the 13 measures aligns well with Bright Power’s current best practices and recommendations, however, there are two categories where DOB’s requirements differ slightly than expected:

#4 Radiator Temperature Controls

Requirements for this category vary by heating system type:

• One pipe steam- These buildings are exempt from the requirement to install TRVs/Thermostatic Radiator Enclosures as long as they have the boiler controls operating based on temperature sensors installed in at least 25% of the dwelling units (as required in PECM # 7)
• Hydronic Heating –  Properties with hydronic heating systems do not need to install new controls on terminal units in the dwelling units, but they do have to make sure existing ones are functioning 
• Two pipe steam- There is no guidance change for these properties, they should continue to assess TRVs and orifice plates

#12 Exhaust Fan Timers

This measure is only applicable to fans providing intermittent, localized ventilation. Central exhaust fans that are designed to provide continuous ventilation are excluded.  

• Applicable systems – Exhaust fans in laundry rooms, and/or other common area fans that operate 24×7
• Inapplicable systems – Rooftop fans on dedicated shafts serving vents in dwelling units, and/or combustion air fans in boiler rooms

Have questions? Contact our team.

Our team is working hard to plan and assess possible services to assist you with your LL97 compliance efforts, stay tuned for more information in the coming months.

Reach out to your Account Manager with any questions. Don’t have an Account Manager? Email info@brightpower.com to get connected with us.

Disclaimer: All pathway and other guidance provided by Bright Power is based on the best available information from NYC Department of Buildings (DOB) Local Law 97 guidance and the housing classifications provided by the client. Bright Power is not responsible for any incorrect pathway and/or other determinations. Questions about pathway eligibility should be referred to DOB and/or the applicable affordable housing agency.