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The owner of a covered building, other than a city building, shall annually benchmark such covered building no later than every May first. Benchmarking of water use shall not be required unless the building was equipped with automatic meter reading equipment by the New York city department of environmental protection for the entirety of the previous calendar year. The owner or the owner's representative performing the benchmarking shall consult with the operating staff of the building, as appropriate. Information submitted to the benchmarking tool must be accurate and complete.

Exception: The first mandatory benchmarking for a covered building, other than a city building, that (i) does not exceed 50,000 gross square feet (4645 m2), (ii) is not one of two or more buildings on the same tax lot that together exceed 100,000 gross square feet (9290 m2) and (iii) is not one of two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet (9290 m2), shall be completed on or before May first of the first year that commences after the department determines and sets forth in a rule that the utility company providing energy to such buildings will, upon request of an owner, directly upload information necessary to benchmark such building.


*Section 28-309.4 was amended by: Local Law 133 of 2016. This law has an effective date of October 31, 2016.
*§28-309.4.1 Obligation to Report Energy Use for All Utility Accounts and Addresses Connected to the Building
The owner shall submit information to the benchmarking tool for all utility accounts and addresses connected to the building, including those for separately metered tenant spaces. The owner shall obtain information for separately metered tenant spaces from the utility. If the utility does not have a program to provide such information, the owner shall make reasonable efforts to obtain such information from the tenant. Tenants shall have the obligation to provide such information.

*Section 28-309.4.1 was amended by: Local Law 133 of 2016. Sections 28-309.4.1.1 through 28-309.4.1.4 were repealed by: Local Law 133 of 2016. This law has an effective date of October 31, 2016.
*§28-309.4.2 Preservation of Documents, Inspection, and Audit
An owner of a covered building shall maintain such records as the department determines are necessary for carrying out the purposes of this article, including but not limited to energy and water bills and reports or forms received from utilities and tenants. Where energy use within separately metered tenant spaces is omitted, records shall be maintained documenting the owner's efforts to obtain such information. All records shall be preserved for a period of three years, provided that the commissioner may consent to their destruction within that period or may require that such records be preserved longer than such period. At the request of the department, such records shall be made available for inspection and audit by the department at the place of business of the owner or at the offices of the department during normal business hours.

*Section 28-309.4.2 was amended by: Local Law 133 of 2016. This law has an effective date of October 31, 2016.
*§28-309.4.3 Violations
It shall be unlawful for the owner of a covered building to fail to benchmark pursuant to section 28-309.4. The commissioner shall classify such violation as a lesser violation. If, upon audit of a benchmarking report, the department finds that information submitted to the benchmarking tool was substantially inaccurate or incomplete, the department may reject the purported benchmarking and the owner shall be liable for a violation of section 28-309.4 as if no benchmarking had been performed.

Exception: Notwithstanding section 28-204.2, no civil penalty shall be imposed on the owner of a covered building for a violation of this section for such covered building if:

  1. Such covered building (i) does not exceed 50,000 gross square feet (4645 m2), (ii) is not two or more buildings on the same tax lot that together exceed 100,000 gross square feet (9290 m2), (iii) is not two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet (9290 m2), and (iv) is not a city building;
  2. Such owner requested, from the department or another agency designated pursuant to section 28-309.11, benchmarking assistance in connection with such building, and such request was made at least 60 days before the due date of the benchmarking report for which such violation was issued; and
  3. Such owner corrects such violation within 60 days after the date of the notice of such violation.
*Section 28-309.4.3 was amended by: Local Law 133 of 2016. This law has an effective date of October 31, 2016.
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Article 309 Maintenance of Buildings, *Benchmarking Energy and Water Use
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