Int. No. 495

By Council Member Grodenchik

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 businesses

Be it enacted by the Council as follows:

Section 1. Title 22 of the administrative code of the city of New York is amended by adding a new chapter 12 to read as follows:

CHAPTER 12

ENERGY EFFICIENCY PROGRAM FOR BUSINESSES

                     § 22-1201 Energy efficiency program for businesses.

§ 22-1202 Eligible energy efficiency measures.

                     § 22-1201 Energy efficiency program for businesses. a. Definitions. As used in this chapter, the term “eligible violation” means (i) a violation which is set forth in rule by the departments of sanitation, fire, health and mental hygiene or consumer affairs as eligible for the energy efficiency program for businesses, (ii) a violation enforced by the department of consumer affairs and issued for a failure to comply with any provision of the code or the rules of the city of New York, regarding creating or maintaining records, the display of prices, the accuracy of scanners,  or the posting of signage, (iii) a violation enforced by the department of sanitation and issued for a failure to comply with any provision of the code or the rules of the city of New York, regarding source separation, the recycling of designated materials or the posting of signage, and (iv) a violation of any provision of the code or the rules of the city of New York, which the mayor, or an office or agency designated by the mayor, deems eligible.

b. The mayor, or an office or agency designated by the mayor, shall develop an energy efficiency program for businesses. Such energy efficiency program shall allow a business owner who receives an eligible violation or violations to have the civil penalties for such violations waived or reduced where such business owner enters into a regulatory agreement with the mayor, or an office or agency designated by the mayor, requiring such business owner to undertake eligible energy efficiency measures. Civil penalties shall be reduced to an amount equal to the amount of money such business owner spends to undertake such energy efficiency measures. Where a business owner has received more than one eligible violation, such business 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 such a regulatory agreement 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 reinstated and doubled.

§ 22-1202 Eligible energy efficiency measures. The mayor, or an office or agency designated by the mayor, shall create a list of energy efficiency measures, which business owners may undertake as part of the energy efficiency program for businesses. Such energy efficiency measures shall include, but need not be limited to, the following:

                     (1) Energy efficient upgrades, including building shell improvements, lighting upgrades, installing energy efficient office equipment, installing energy efficient appliances, installing refrigerated display case curtains or doors, installing double or triple panel windows, and installing programmable thermostats; and

                     (2) For buildings 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 office or agency designated by the mayor may take such actions as are necessary for its implementation, including the promulgation of rules, before such date.

GP/JJ

LS #9616/Int. 1515-2017

LS#1078 12/27/2017 4:02 PM