N.Y.C. Admin. Code § 28-1001.3.4: § 28-1001.3.4 Predicted energy use targets.

For proposed amendments to this code submitted by the commissioner to the city council pursuant to section 28-1001.3.1, the commissioner, after receiving the advice and recommendations of the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2, shall for such amendments due to be submitted to the city council in or after 2025 submit to the city council proposed amendments to this code to establish predicted energy use targets for covered buildings in the city. In addition:

1. By no later than January 1 of the year before such amendments are due to be submitted to the city council, the commissioner, after receiving the advice and recommendations of such advisory committee, shall prepare and electronically submit to the mayor and the speaker of the council, and make publicly available online, a report recommending predicted energy use targets for covered buildings in the city. Such report shall include, at a minimum:

1.1. A metric for measuring the predicted energy use of covered buildings that can be used to meaningfully compare such use with the predicted energy use of other similar buildings;

1.2. For each type of covered building in the city, as such types correspond to the prototypes set forth in ASHRAE 90.1-2013, a predicted energy use target expressed in terms of such metric;

1.3. Results and analysis of energy modeling for a representative sample of each such type of covered building for which a predicted energy use target is being recommended;

1.4. Examples of designs of such buildings that would satisfy such targets, provided that, if the New York State Energy Code in effect at the time such report is compiled includes a prescriptive compliance path, such report shall include recommendations for a prescriptive compliance path to achieve such targets if such advisory committee determines such a path to be practicable under applicable federal and state law and rules and such other concerns as the commissioner determines to be relevant;

1.5. An analysis of the impact that such targets would have on construction costs and other costs;

1.6. Recommendations for accounting for predicted energy use based on the source of such energy, including but not limited to, a method for accounting for sources that are qualified energy resources, as such term is defined in section 45 of title 26 of the United States code in effect on January 1, 2017;

1.7. Recommendations for implementing such targets;

1.8. A description of why such targets would not render the design and construction of buildings impracticable or unduly burdensome; and

1.9. If such targets differ from the predicted energy use targets recommended by such advisory committee, a list of the predicted energy use targets recommended by advisory committee.

2. The predicted energy use targets recommended by the commissioner shall be as stringent as practicable, provided that:

2.1. Except as provided in item 2.2, such recommended targets shall be such that the predicted energy use of buildings that are designed and constructed in compliance with such targets is, on average, expected to be no greater than 70 percent of the predicted energy use of such buildings if such buildings were designed and constructed in compliance with ASHRAE 90.1-2013 or the New York State Energy Code, as such term was defined on December 1, 2017;

2.2. If the commissioner determines that the predicted energy use targets necessary to achieve compliance with item 2.1 would render the design and construction of buildings impracticable or unduly burdensome, (i) such recommended targets shall minimize, to the greatest extent such advisory committee determines to be practicable, the average predicted energy use of buildings designed and constructed in compliance with such recommended targets and (ii) the report required pursuant to item 1 shall, in addition to the requirements of such item, describe why the predicted energy use targets necessary to achieve compliance with item 2.1 would render the design and construction of buildings impracticable and unduly burdensome and the estimated percentage by which the average predicted energy use of buildings designed and constructed in compliance with such recommended targets would be less than the average predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1-2013 or the New York State Energy Code, as such term was defined on December 1, 2017; and

2.3. Such recommended target for any type of building shall not be more stringent than the targets set forth in clause (B) of subparagraph (i) of the definition of low energy intensity target in paragraph 1 of subdivision l of section 224.1 of the New York city charter.

(L.L. 2018/032, 1/8/2018, eff. 1/8/2018)