LL 97 Adjustments Applications are Now Open

LL 97 of 2019 offers two adjustment pathways – one for buildings with qualified excess emissions, and one for qualified not-for-profit healthcare facilities. Adjustment applications opened on April 12, 2021. Adjustments are not an exemption from the law, but a temporary increase in the qualified building emissions limit to allow extra time for compliance. Eligibility requirements for each type of adjustment must be met as described in the law. A full application filing guide is provided by NYC Sustainable Buildings.

Excessive Emissions Due to a Special Circumstance

• The covered building’s emissions for calendar year 2018 must exceed the 2024 building emissions limit by more than 40%
• The excess building emissions must be due to a special circumstance related to building use including, but not limited to:
  • 24-hour operations
  • Operations critical to human health and safety
  • High density occupancy
  • Energy intensive communications technologies or operations
  • Energy intensive industrial processes typically classified as an un-regulated load under the Energy Code
• Applicant must demonstrate that the special circumstance is responsible for the actual emissions in excess of the limit by more than 40%
• Energy performance of the building must be equivalent to that of a building in compliance with the 2014 NYC Energy Conservation Code (ECC)
• The adjusted emission limit will be 70% of the CY 2018 emissions
• Applications are complex and require multiple documentation submissions, including technical documentation
• Applications due June 30, 2021 ($2,450 filing fee)
• Applications must be submitted in DOB Now: Safety by a registered design professional

Not-for-profit Hospitals and Healthcare Facilities

• The covered building must be a hospital or healthcare organization and must demonstrate not-for-profit building classification in existence on November 15, 2019 and for each year with an adjustment request
• The adjusted 2025-2030 emission limit will be 85% of the applicable building emissions for CY 2018
• The adjusted 2031-2035 emission limit will be 70% of the applicable building emissions for CY 2018
• Applications are complex and require multiple documentation submissions, including technical documentation
• Applications due July 21, 2021 ($335 filing fee)
• Applications for adjustments must be submitted in DOB Now: Safety by a registered design professional

Prepare to Apply for a LL 97 Adjustment

LL 97 compliance deadlines are fast approaching, with adjustment applications due this summer. Planning ahead will help you determine if you’re eligible for a LL 97 adjustment and ensure that you’ve collected all the data and documentation you need to qualify. Don’t miss out on the opportunity to adjust your LL 97 building emissions limits, which can protect you from annual fines during the 2024-2029 compliance period.

The Gotham 360 team is trained in the intricacies of LL 97, including adjustment applications to lower building emissions limits. Partner with us to prepare your building or portfolio to comply with this sweeping legislation and avoid excess fines. Call (917) 338-1023 or fill out our contact form to get in touch with us. We would love to work with you!