Local Law 87 (LL87): Energy Audits, Retro-Commissioning and the EER
Local Law 87 of 2009 (as amended) requires owners of large NYC buildings to have an energy audit and retro-commissioning done every ten years and to file the results with the Department of Buildings.
No matter what industry you are in, there is a push for energy efficiency, and building maintenance in a city as old as New York is no different. Among the Department of Buildings' many local laws is Local Law 87 of 2009 (LL87), part of the Greener, Greater Buildings Plan.
What Local Law 87 requires
Owners of covered buildings must submit an Energy Efficiency Report (EER) every ten years. The EER summarizes the findings of an energy audit and the related retro-commissioning.
- An energy audit is a survey and analysis of energy use in a building, used to find ways to reduce energy use without hurting normal operations.
- Retro-commissioning is the process of making sure the building's energy systems are installed as designed, tested, and working properly.
Which buildings are covered
According to the Department of Finance records DOB uses, LL87 covers:
- buildings over 50,000 gross square feet
- a tax lot with two or more buildings that together exceed 100,000 gross square feet
- two or more condominium buildings that together exceed 100,000 gross square feet
DOB publishes an LL87 Covered Buildings List each year. One- to three-family homes that are not condominiums are not covered, and some covered buildings may be exempt from either the energy audit or the retro-commissioning if they meet certain criteria.
When your EER is due
The year you have to file is set by the last digit of your tax block number. The EER is due by December 31 of the year that ends in the same digit, and every ten years after that. For example, a building on a block ending in 6 files in 2026, and again in 2036.
What goes into the EER
The EER is made up of data collection tools and the professional certification forms, EERC1 for the energy audit and EERC2 for retro-commissioning. The certification forms are signed and sealed by the registered design professional (or approved agent) who did the audit and retro-commissioning, and signed by the owner. DOB now asks for the energy audit data in the U.S. Department of Energy's Audit Template and the retro-commissioning data in DOB's reporting tool. Submissions go to DOB by email, and DOB sends payment instructions once it receives the report.
Deferrals and extensions
- Ten-year deferral (EER1). A deferral may be possible if the building is less than ten years old, or had a substantial rehabilitation in the ten years before the due year, and the base building systems comply with the NYC Energy Conservation Code. The EER1 is due by December 31.
- Extension (EER2). If you can't meet the deadline despite documented efforts, or because of financial hardship, you can apply for an extension with an EER2.
- Amendments. If DOB asks you to amend a submitted EER, a revised EER is filed and marked as an amendment on the EERC1 and EERC2.
Why it pays to file on time
Not filing can bring a violation and a civil penalty of $3,000 for the first year and $5,000 for each later year. A misfiled EER can mean an amendment and more back-and-forth with DOB.
How S & M Expediting helps with LL87
We check whether your building is on the covered list and which year it is due, keep the EER, deferral or extension on the calendar, and prepare and follow the submission with DOB. We do not perform the energy audit or retro-commissioning, and we do not certify the report; your registered design professional does. If the building also reports under Local Law 97 or Local Law 84 benchmarking, we can keep those filings on the same calendar.
Call 718-833-2333 or contact us to get your EER filed.