It was a typically cold winter day in which commercial and residential buildings undoubtedly expended a great deal of energy for heating purposes. With that backdrop, I recently attended an event held at the New York Institute of Technology entitled “How Knowledge Can Save Power” where a panel of experts discussed the motivations and prospects for New York’s Local Law 84 (LL84), for monitoring, measuring and publicly disclosing building energy performance. The law stipulates that commercial and multifamily buildings must provide information on the amount of energy and water being used for benchmarking purposes.
The Sallan Foundation, an environmental think tank, was one of the sponsors of the event. The panelists used their Friends of Benchmarking white paper on large building energy performance released the previous fall as the basis for an extended discussion on the current status and future prospects for energy benchmarking in the city. Given that the report states that large buildings account for 75% of the city’s carbon emissions, a large environmental footprint to say the least, it makes perfect sense for the city to try and measure energy use in large buildings. One may even wonder what took the city so long to enact such a law.
Perhaps a reflection of their professional and academic backgrounds, almost all the discussion focused exclusively on Manhattan buildings to the neglect of buildings in the other boroughs. This represents a major flaw which I am sure the panelists, sponsors and city policymakers are actively looking to rectify. Good policy and regulations cannot be formulated from insufficient data. Data from one borough may have only limited application to another.
After listening for a good hour to the discussion, I was led to the conclusion that response to LL84 has been decidedly mixed, even apathetic. Building owners, facilities managers, and custodians possess a conservative mindset and are prone to doing things to preserve the status quo. Inertia sets in and they are reluctant to expand their responsibilities to collect the information necessary to become compliant with the regulations. Interestingly enough, 95% of residents/tenants do not care much about energy savings – this is surely a surprising statistic especially since it is counterintuitive and doesn’t square with a supposedly growing environmental consciousness among the public. In the cited surveys, residents and tenants are far more concerned with bread and butter issues such as the quality of schools, commute times, and rental costs. Families are not really thinking about energy issues.
Not only are public attitudes standing in the way of greater energy savings. Existing rules in the housing market play a part in slowing down or even defeating progressive energy planning. Currently 40-45% of residential units are non-market or rent stabilized. Capital improvements must be approved by housing boards and such improvements can take decades to realize. The Energy star label is only for commercial buildings, not multi-family buildings. No comprehensive data set exists for NYC buildings, but NYC does have more energy data on its buildings than any other city if this can be considered as positive. The City has made no announcement yet, but maybe later this year it will unveil a plan on when and how this data will be collected.
Admittedly, limited progress is being made. In a slowly improving local economy, rising rents can promote building improvements and staff hiring. An injection of money can go a long way toward improving energy planning in buildings. Spreading the word on this regulation, making people more informed about it and talking to building owners is important and can be effective. Nevertheless, a great deal of work lies ahead.
So what steps can the city take to gather a more comprehensive data set that would reflect and unleash the true power of LL84 to improve the city’s energy usage and efficiency measurements? What incentives can be provided for building owners to conscientiously comply with LL84?
Problems which lie with the real estate industry need to be overcome. There needs to be improvements and upgrades to monitoring and quality control. For example, the measurement of gross square footage in buildings is inconsistent and inaccurate. What is a building? A more accurate definition and the need to measure square footage accurately must be part of the plan moving ahead. Technology in the form of mobile apps to provide builders, tenants, and owners with greater energy data must become more widely used. Submetering to gather more detailed data, leases that incorporate energy savings, and upgrades to monitoring equipment are also part of the mix to enhance data gathering and energy efficiency. On the legal and policy level, New York City could also borrow from California and mandate energy usage data when buildings are bought and sold and pass a similar law here. On the energy side, NREL has some good papers and ideas on how to make buildings more energy-efficient and the adoption of such ideas would promote the underlying goals of LL84. The spread of LEED certified buildings will also advance the effectiveness of LL84. LL84 becomes another effective tool in NYC’s efforts to secure deep carbon reductions.

