Why It Matters
There is an ongoing debate over how to handle buildings polluting over the law’s emissions benchmarks. Should property owners be penalized for their lack of action as soon as the law takes hold next year? This strict approach is favored by some environmental activists.
Or should property owners be encouraged to decarbonize by more lenient measures? Some property owners, including co-op stakeholders, hope the law will allow for more time to get into compliance.
At the public hearing Tuesday, which will conclude a 30-day comment period, some 100 members of the public have signed up for two-minute speaking slots. The comments will be made to the Department of Buildings.
Buildings are responsible for about 70 percent of New York City’s greenhouse gas emissions, which contribute to global warming and unpredictable, extreme weather. Local Law 97 targets the city’s biggest emitters: About 50,000 properties that are larger than 25,000 square feet.
Most buildings have already met emissions guidelines for 2024. The hearing will focus on what to do about the 10 percent of properties still struggling to decrease their pollution, and how to keep all buildings on schedule for 2030, which calls for a much more ambitious emissions restrictions of 40 percent. By 2050, zero emissions is the goal.
“We were the first in the nation to try to work this out, to introduce this kind of legislation,” said Fiona Cousins, a principal at the design and engineering firm Arup and a member of the advisory board for Local Law 97.
What the Critics Say
Many environmental activists argue that there are two “loopholes” in the law: a two-year extension for buildings not yet in compliance for 2024, and the option of purchasing renewable energy credits, or RECs, which can offset excess emissions, starting in 2026.
To qualify for the two-year extension, applicants must show a “good faith effort,” said Rohit T. Aggarwala, the city’s chief climate officer.
But activists like Eric Weltman, a senior organizer for Food & Water Watch, a nonprofit organization, fear that softening the law would make it ineffective. He and others are calling on Mayor Eric Adams to implement Local Law 97 with no exceptions.
Many co-op and condo residents are worried about the cost involved in retrofitting their large, aging buildings, many of which rely on oil. “The good faith effort is really helpful, I just wish it were broader,” said Rebecca Poole, the director of membership and communication for the Council of New York Cooperatives & Condominiums. “We just feel that the efforts don’t go far enough in helping the buildings that want to comply but can’t.”
Mr. Weltman and Ms. Poole are among those slated to speak at the hearing on Tuesday.
Mr. Aggarwala said that there is proposed legislation awaiting action by Governor Kathy Hochul and the City Council that could reduce taxes for residential buildings that undergo renovations. This should help “low and moderate value co-ops and condos, which are a disproportionate number of the buildings that face significant retrofits,” he said.
Ms. Poole said tax breaks like this would “definitely help.”
Ms. Cousins believes the fastest way to the successful implementation of the law is to support property owners, instead of penalizing them.
What Happens Next
The Department of Buildings will review all comments, both written and verbal, after the hearing. Then, it plans to finalize and publish the rules by the end of the year.
Source link: https://www.nytimes.com/2023/10/24/nyregion/local-law-97-nyc-environment.html