Int. No. 615
By Council Members Gennaro, Brewer, Restler, Nurse, Gutiérrez, Joseph and Sanchez
A Local Law to amend the administrative code of the city of New York, in relation to the creation of an energy efficiency program for multiple dwellings
Be it enacted by the Council as follows:
Section 1. Subchapter 4 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding a new article 4 to read as follows:
ARTICLE 4
ENERGY EFFICIENCY PROGRAM FOR MULTIPLE DWELLINGS
§ 27-2109.61 Energy efficiency program for multiple dwellings. a. For purposes of this article, the term “eligible violation” means (i) a violation that is set forth in rule by the department as eligible for the energy efficiency program for multiple dwellings as established pursuant to this section and (ii) non-hazardous violations.
b. Notwithstanding any other provision of law, the department shall develop and establish an energy efficiency program for multiple dwellings. Such energy efficiency program shall allow an owner of a multiple dwelling who receives an eligible violation to have the civil penalties for such violation waived or reduced, where such owner enters into a regulatory agreement with the department requiring such owner to undertake eligible energy efficiency measures as described in section 27-2109.62. Such regulatory agreement shall specify that any eligible energy efficiency measures that an owner undertakes shall not be the basis for a rent increase. Civil penalties shall be reduced to an amount equal to the amount of money such owner spends to undertake such energy efficiency measures. Where an owner has received more than one eligible violation, such owner may couple the civil penalties for such violations in an amount not to exceed $3,000 for the purposes of undertaking energy efficiency measures.
c. An owner who enters into a regulatory agreement with the department pursuant to subdivision b of this section and is found to not be in compliance with such agreement shall have the original civil penalty or penalties for eligible violations reinstated or doubled.
§ 27-2109.62 Eligible energy efficiency measures. a. The department shall create a list of energy efficiency measures that owners may undertake as part of the energy efficiency program for multiple dwellings established pursuant to section 27-2109.61.
b. Such eligible energy efficiency measures shall include, but need not be limited to, the following:
1. Energy efficient upgrades, including building shell improvements, lighting upgrades, installation of energy efficient appliances and installation of programmable thermostats; and
2. For multiple dwellings that do not exceed 25,000 gross square feet, benchmarking, undergoing energy audits and undertaking retro-commissioning measures.
§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner of housing preservation and development shall take such actions as are necessary for its implementation, including the promulgation of rules, before such date.
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