New York City – Green Building Requirements for Municipal Buildings

In 2005 New York City passed a law (Local Law No. 86) making a variety of green building and energy efficiency requirements for municipal buildings and other projects funded with money from the city treasury. The building requirements (described in detail below) apply to new construction, building additions, and substantial reconstructions of existing buildings. Substantial reconstruction is defined as a capital project that involves construction work affecting at least 50% of the floor area or that involves rehabilitation work in at least two of the three major building systems (HVAC, electrical, plumbing). The construction cost values below are adjusted annually for inflation. Program regulations were adopted in 2007 and then amended slightly in 2009 to reference updated green building rating standards. In June 2011 Mayor Bloomberg issued Executive Order No.149, allowing the Mayor’s Office of Environmental Coordination (MOEC) to evaluate developments affecting the green buildings industry and based on these developments, promulgate rules that increase the stringency of the current standards or expand the types of capital projects subject to the standards.

Local Laws 31 and 32 of 2016 require more stringent green building design standards for city-funded capital projects and require them to consume significantly less energy than similar existing building types.

General Specifications

• All new municipal construction, additions, or substantial reconstruction projects with an estimated capital cost of more than $2 million, except schools and hospitals, must meet LEED Gold certification standards.
• Non-municipal projects meeting the above criteria and receiving at least 50% of project costs or $10 million from the city treasury must also meet LEED Gold certification standards.
• For projects with an estimated construction cost of $12 million – $30 million, schools excluded, the energy use intensity must be no less than 25% below the design energy use intensity of such a building if designed and constructed according to ASHRAE 90.1, or 25% below the existing building’s energy usage (substantial reconstruction).
• For projects with an estimated construction cost of more than $30 million, schools excluded, the energy use intensive must be no less than 30% below the design energy use intensity of such a building if designed and constructed according to ASHRAE 90.1, or 30% below the existing building’s energy use intensity (substantial reconstruction). 

Project Specific Requirements: These apply in cases where the general requirements are not triggered.

• Capital projects involving the installation or replacement of a HVAC with an estimated construction cost of $2 million or more must be designed and constructed to reduce energy use by at least 10% from the standard as determined by the New York City Energy Conservation code, or other methodology designated by the mayor.
• Each capital project, in addition to any other applicable procedure, that involves the installation or replacement of plumbing systems with an estimated cost of $500,000 or more must be designed and constructed to reduce potable water consumption in the aggregate by a minimum of 30% form the calculated baseline as determined by a methodology not less stringent than that prescribed in LEED water efficiency: indoor water use reduction credit.