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- New York City
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Background
Local Law 86 was signed in October 2005 and implemented via rules that became effective in April 2007. It was one of the nation’s earliest municipal green building laws, requiring many City-funded capital projects to achieve LEED Certified or LEED Silver levels. Significantly, LL86 also requires projects to use energy and water more efficiently than the baseline building codes that otherwise apply — meaning designers must demonstrate performance beyond minimum compliance with the New York City Construction Codes and the New York City Energy Conservation Code (NYCECC), which establish citywide energy and efficiency minimums for buildings.
What LL86 asks projects to report
LL86 is primarily a design-and-construction standard, but it also established a (time-limited) Citywide annual reporting requirement on results, costs, and benefits.
Reporting implications
Confirm applicability and document scope: LL86 applies to certain occupancy groups and project types (new build/addition/substantial reconstruction) at $2M+ construction cost, with detailed applicability clarified in the OEC rules.
Track and evidence LEED alignment/targets: projects must be designed to meet standards not less stringent than LEED (typically LEED Silver, or LEED Certified for certain occupancy groups), and the law includes provisions anticipating applications to USGBC certification for a significant share of covered projects.
Quantify required energy and water performance: for larger projects (e.g., $12M+), LL86 sets minimum energy cost reduction thresholds (e.g., 20% or 25%, depending on project cost, plus potential additional cost-effective efficiency investment), and requires potable water reduction (generally 30%) for qualifying plumbing work.
Annual reporting (historical requirement): LL86 required an annual report (prepared using DDC’s procedure/format) including a list of completed projects, expected/achieved LEED level, etc. This annual-report section expired on January 1, 2019.
Verification and assurance expectations
LL86 is implemented through rules and City project governance (design approvals, procurement, and compliance oversight). The Mayor is authorised to promulgate rules, update standards periodically, and grant limited exemptions (with reporting on exemptions).
Current status and outlook
The core green building standards framework in Charter §224.1 remains the backbone of LL86 implementation, administered via OEC rules (which have been updated over time, including the 2009 amendment shifting the “selected” rating system to LEED 2009 suites). Even though the annual report requirement expired in 2019, LL86 continues to shape what project teams must measure, model, and document to demonstrate compliance—creating practical spillover expectations for private architects, engineers, contractors, and suppliers working on City-funded projects.
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