Green Building Requirements - OEC

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LEED® Rating Level Requirement

Projects with an estimated construction cost of $2,000,000 or more involving the construction of a new building, an addition to an existing building, or the substantial reconstruction of an existing building, across most occupancy groups, are required to be designed and constructed to achieve a LEED® Gold or higher rating.

Energy Use Intensity

Projects involving the construction of a new building, an addition to an existing building, or the substantial reconstruction of an existing building that involve substantial work on the building envelope, across most occupancy groups, are required to be designed as a low energy intensity building. In most instances, a low energy intensity building according to the requirements outlined in the law is one designed and constructed such that its energy use intensity is the less stringent the following:

50 percent of the energy intensity of the more stringent of (a) the median source energy use intensity for buildings designed and constructed for similar uses according to benchmarking data obtained under article 309 of title 28, or (b) standards established for similar buildings according to ASHRAE 90.1-2013.

A median source energy use intensity of 38 kBTU/yr per square foot of floor area and for additions to, or substantial reconstructions of, existing buildings, a source energy use intensity of 42 kBTU/yr per square foot of floor area.

Energy Cost Reductions

Non-city-owned projects constructed with city funding and an estimated construction cost of $12,000,000 or more are required to be designed and constructed to reduce energy costs by 20 percent; projects with an estimated construction cost of $30,000,000 must reduce energy costs by 25 percent. In addition, for either group, further investment in energy efficiency to reduce energy cost by an additional five percent is required if it is found that the payback on such investment through savings in energy cost would not exceed seven years.

System Installations and Replacements

Capital projects not subject to LEED®, energy use intensity, or cost reduction standards, that solely involve or include a system upgrade, are subject to specific requirements, dependent upon the type of project and the estimated construction cost for the installation.

Projects with an installation or replacement of a boiler of $2,000,000 or more, or of a lighting system of $1,000,000 or more, must be designed and constructed to reduce energy cost by a minimum of ten percent. Projects that involve the installation or replacement of HVAC systems of $2,000,000 or more, shall be designed and constructed to reduce energy cost by a minimum of five percent. Cost reductions should be achieved as determined by the methodology prescribed in LEED energy and atmosphere: optimize energy performance credit or the New York state energy conservation code, whichever is more stringent.

Plumbing

Each project involving the installation or replacement of plumbing systems that includes the installation or replacement of plumbing fixtures at an estimated construction cost of $500,000 or more must be designed and constructed to reduce potable water consumption in the aggregate by a minimum of 30 percent, as determined by a methodology not less stringent than that prescribed in LEED water efficiency: indoor water use reduction credit; provided, however, that such percentage shall be reduced to a minimum of 20 percent if the department of buildings rejects an application for the use of waterless urinals for the project.

*Cost thresholds are based on 2007 dollars. Please reference the inflation chart to better assess the project’s applicable requirements based on its estimated construction cost.

Criteria and Requirements Flow Chart

FY2022 Inflation Chart