The Truth About Local Law 97

Mark Balsam • September 9, 2021

Enough with the Local Law 97 fear mongering. 

Do a Google search for LL97 and you’ll find consultants offering to help you avoid HUGE penalties and fines by helping you comply with Local Law 97. 


Update your building with energy, renewables and retrofits because the energy savings pencil out. But don’t incorporate phantom LL97 fines into your underwriting.


We’re still two years away from this law coming into effect, which in City government terms is more like two dog years. DOB and DEP have yet to write a single rule as to how the law will be implemented. Without rules, there is no game, so consultants telling you they know how to play are disingenuous, at best.


There are no forms, websites, portals or any other mechanism for actually “complying.”
80% of NYC buildings are ALREADY below the emissions threshold – which means no penalties. This will change in 2030 when the emissions thresholds are tightened, but now we’re talking at least EIGHT years away. 


Add to this, the City is already showing signs of softening on the law in response to considerable political opposition. And Cuomo (granted he doesn’t have a lot of political capital right now) is pushing a system that would allow buildings to avert emissions penalties by purchasing renewable energy from upstate.


The following advice probably hurts my business, but then again I’m in the business of giving the best possible advice to NYC buildings, so who knows.


At this time, I would advise NYC buildings to NOT SPEND too much effort on the upcoming Local Law 97 carbon emissions law AKA the “Climate Mobilization Act.”


To be clear, I’m NOT suggesting that buildings completely ignore this. Some planning should take place. Your LL84/L133 consultant should provide you with a snapshot of your emissions. ReDocs does.


I’m also not suggesting that climate change is unimportant. Quite the opposite. It is the issue of our time. But I don’t want buildings to waste time, money, or effort on something so distant and nebulous.


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