New York City building owners faced with compliance obligations under New York City Local Law 97 of 2019 (“Local Law 97” or the “Law”)’s strict greenhouse gas (GHG) emissions caps are finding little relief from the Law’s alternate compliance options.
One potential relief measure is for the building owner to establish it has made “good faith efforts” to comply, thereby becoming eligible for discretionary penalty mitigation from the Department of Buildings (DOB). This article reviews the current state of play for some of Local Law 97’s built-in alternate compliance methods, then discusses the DOB’s recent rulemaking establishing the “good faith efforts” requirements.

Local Law 97 establishes strict GHG emissions caps for covered buildings in New York City. 28 NYCAC §§ 320.1 et seq. The Law applies to buildings over 25,000 square feet, subject to limited exceptions. The GHG emissions caps went into effect on January 1, 2024, and become significantly more stringent over time in five-year increments. By 2050, all covered buildings will be subject to a zero GHG emissions cap.