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Filing Requirements for Application to Adjust Emission Limits

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Rule status: Adopted

Agency: DOB

Effective date: January 19, 2025

Proposed Rule Full Text
DOB-Proposed-Filing-Requirements-for-Application-to-Adjust-Emission-Limits-with-certs.pdf

Adopted Rule Full Text
Final-Rule-Filing-Requirements-for-Applications-to-Adjust-Emissions-Limit_12.16.24.pdf

Adopted rule summary:

The Department of Buildings (“DOB” or “Department”) is amending section 103-12 of subchapter C of chapter 100 of Title 1 of the Rules of the City of New York to establish the filing requirements for applications for an adjustment to annual building emission limits in accordance with section 28-320.7 of the Administrative Code for the purpose of compliance with the greenhouse gas (GHG) emissions limits established by article 320 of chapter 3 of Title 28 of the Administrative Code. A building owner may qualify for such an adjustment to the annual building emissions limit where the building is subject to another provision of law or affected by a physical condition that prevents compliance with the limits. The proposed amendments would also allow buildings subject to article 321 of chapter 3 of Title 28 of the Administrative Code to apply for an adjustment where the building owner is experiencing financial constraints.

Comments are now closed.

Online comments: 3

  • Thor Hartten

    Hello DOB Rules!

    This is actually more of a question than a comment but will there be any emissions limits adjustments for buildings with special circumstances other than those enumerated in the rule: 24 hour operations; operations critical to human health and safety; high density occupancy; energy intensive communications technologies or operations; and energy-intensive industrial processes typically classified as an unregulated load under the Energy Code?

    I am particularly interested to know how energy intensive food processing operations that do not fall under the above classifications will be treated under the rule. Any guidance you can provide on how I can learn more about DOB’s emissions adjustment requirements for such buildings would be most appreciated.

    Thank you for your time and attention.

    Sincerely,
    Thor Hartten

    Comment added November 12, 2024 6:08pm

  • John Ludlam

    Please see attached comments from the Alternative Building Industry (ABI) Collective

    Comment attachment
    ABI-Collective-Comments-LL97-Third-Rules-Package-1.pdf
    Comment added November 20, 2024 10:35pm

  • Lonnie J. Portis

    Attached: Comments Submitted by WE ACT for Environmental Justice
    to the New York City Department of Buildings on November 21, 2024 in response to proposed third set of rules regarding Local Law 97 of 2019.

    Comment attachment
    2024-11-19_WE-ACT_Comments-DOB-LL97-Rulemaking-3-1.pdf
    Comment added November 21, 2024 3:47pm