The requirements of LL86 may apply to projects where construction is directly managed by city agencies as well as to projects where construction is managed by non-city entities, such as cultural organizations, state agencies, and private developers. The most important threshold criteria for LL86 concerns funding: in order to be subject to any of the law's requirements the project must receive $10 million or more in city funds, or, in cases where a project will receive less than $10 million of city funding, the city contribution must be greater than or equal to 50% of the project cost. With the exception of buildings or spaces with dominant occupancies of residential, high hazard, industrial, or outdoor assembly and equipment, all building types are covered by the law. For covered buildings or spaces, the law’s requirements fall into the four basic categories summarized below.
LEED® Rating Level Requirement
First, the law requires that covered projects with construction costs of $2 million or more for work involving one or any combination of a new building, an addition, or substantial reconstruction of an existing building must achieve a minimum rating level using one of the version 3 LEED® 2009 green building rating systems developed by the USGBC. A minimum LEED® Certified rating level is required for health and educational facilities and a minimum LEED® Silver rating level is required for all other covered occupancy types.
Energy Cost Reduction for LEED® Projects over $12 Million
Second, the provisions require that buildings or spaces subject to the LEED® rating level requirement with construction costs of $12 million or more must also reduce energy costs by 20 to 30% below those incurred by following the minimum requirements of the NYS energy code, depending on construction cost, occupancy type, and the simple payback of energy efficiency measures that are feasible for the project.
Energy Cost Reduction Requirements for Specific Systems
Third, for projects not subject to the LEED® rating level requirement but that still involve work on the installation or upgrade of certain types of HVAC and lighting systems, a minimum 5 to 10% energy cost reduction is required below the energy costs that would be incurred by following the minimum requirements of the NYS energy code. Covered non-LEED® projects include those with work involving boilers with construction costs of $2 million or more, lighting systems with construction costs of $1 million or more, and HVAC comfort controls with construction costs of $2 million or more.
Potable Water Use Reduction Requirement
Fourth, a minimum 20 to 30% potable water use reduction below the standards of the U.S. Environmental Protection Agency Energy Policy Act of 1992 (EPAct 1992) is required for projects that involve the replacement or installation of domestic plumbing systems with construction costs over $0.5 million, whether or not they are also subject to LEED® rating level requirements or energy cost reduction requirements for specific systems.
Several tools have been developed to further clarify and detail the provisions and procedures of LL86. These include the following:
