Benchmarked data will be submitted to the city via the U.S. EPA's Star Portfolio Manager tool, a free online benchmarking program. Fines will be imposed for those that fail to upload benchmarked data into Portfolio Manager. Data for commercial buildings will be available to the public on the tax assessment roll website and searchable by address starting Sept. 1, 2012 - one year after data on city-owned buildings is due to be posted.
Many NYC buildings voluntarily benchmark energy use - the number rose 120% from 2007-2009, but about two-thirds of buildings larger than 50,000 square feet didn't participate. That's why NYC decided to mandate benchmarking and reporting.
Public disclosure of energy use has a two-fold rationale, says Rohit Aggarwala, director of the NYC Office of Long Term Planning and Sustainability. First, putting the energy benchmarking score on the tax roll makes energy efficiency an immediately visible asset to a prospective tenant or buyer. The Energy Star score should be "one of the first things that a potential tenant or purchaser looks at or thinks about," says Aggarwala. "And that makes energy efficiency a valuable component to a building in the market."
The second rationale is to drive performance through competition: "We will rely on the fact that real estate managers will be looking over each other's shoulders and the competitive nature of the real estate community will compel some people to tell their building staff, The other guy in a very similar building is doing much better than you are, so get your act together,'" says Aggarwala.
The city will annually review the aggregate data giving it added oversight and accountability. If there's an indication the data isn't being reported accurately, the city will evaluate whether further steps - like training or more enforcement, says Aggarwala.
Other Aspects to the Greener, Greater Buildings Plan
In addition to benchmarking, the law includes:
NYC Energy Conservation Code: closes a loophole for renovations in the NY State energy code. The state energy code only applies if at least 50% of a system or subsystem is being renovated. NYC's code will apply no matter the size of the renovation, but only to the parts of the system involved. For example, if a building has windows replaced on one floor, those windows would have to meet code standards, but the remaining untouched windows could stay as is. The law takes effect July 1, 2010.
Required Upgrade of Lighting Systems: by Jan. 1, 2025, buildings greater than 50,000 gross square feet must upgrade lighting systems to meet the NYC Energy Conservation Code. After that date, buildings will also have to submeter tenant space of more than 10,000 square feet.
