*§28-309.12 Energy Efficiency Scores and Energy Efficiency Grades

Energy efficiency scores and grades for buildings shall be obtained, assigned and disclosed in accordance with this section.

*Section 28-309.12 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.

As used in section 28-309.12, the following terms shall have the following meanings:

**ENERGY EFFICIENCY GRADE. The term "energy efficiency grade" means, for a covered building, a grade based on an energy efficiency score assigned through the benchmarking tool in accordance with this section as follows:

1. If such score is equal to or greater than 85 the energy efficiency grade shall be A;
2. If such score is equal to or greater than 70 but less than 85, the energy efficiency grade shall be B;
3. If such score is equal to or greater than 55 but less than 70, the energy efficiency grade shall be C;
4. If such score is less than 55, the energy efficiency grade shall be D;
5. If the owner of such building has not complied with section 28-309.12.2, and such owner has had an opportunity to be heard with respect to such non-compliance, the energy efficiency grade shall be F; and
6. If, in accordance with the rules of the department, it is not feasible to obtain an energy efficiency score for such building or if such building is subject to the exception in section 28-309.8, the energy efficiency grade shall be N.

**Section 28-309.12.1 (ENERGY EFFICIENCY GRADE) was amended by Local Law 95 of 2019. This law has an effective date of May 19, 2019.

ENERGY EFFICIENCY SCORE. The term "energy efficiency score" means, for a building, the Energy Star rating for such building or a score that assesses the energy use of such building relative to similar buildings that is assigned through the benchmarking tool.

ENERGY STAR RATING. The rating that a building earns using the United States Environmental Protection Agency ENERGY STAR portfolio manager to compare building energy performance to similar buildings in similar climates.

*Section 28-309.12.1 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.

In 2020 and in each calendar year thereafter, an owner of a covered building shall use the benchmarking tool to provide an energy efficiency score for such building to the department in accordance with the rules of the department unless, in accordance with such rules, the building is a type of building for which it is not feasible to obtain an energy efficiency score. In each such year, the department shall issue an energy efficiency grade to the owner in accordance with such rules.

*Section 28-309.12.2 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.

Within 30 days after the owner of a covered building obtains an energy efficiency grade, such owner shall post such grade and the energy efficiency score upon which such grade was based in a conspicuous location near each public entrance to such building, in a form and manner established by the department.


*Section 28-309.12.3 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.

For each building for which an energy efficiency grade or energy efficiency score is generated pursuant to this section, the department shall make information generated in connection with such grade and score publicly available online by no later than May 1 of the year following such generation.


*Section 28-309.12.4 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.

The department shall, from time to time, audit information submitted for buildings in connection with energy efficiency grades and energy efficiency scores. Such audits shall occur at least annually and shall involve appropriate sample size of buildings, as determined by the department.

*Section 28-309.12.5 was added by Local Law 33 of 2018. This law has an effective date of January 8, 2018.