Navigating LL97 in New York

Local Law 97 is changing the way New York City buildings approach energy efficiency and carbon emissions. For every building owner who is struggling to comply with Article 321, the EECP pathway could be the solution you need. 

An Eligible Energy Conservation Project (EECP) is a government-supported initiative that helps buildings meet the LL97 compliance requirements. If your building received assistance after November 15, 2019, for energy upgrades, you might qualify and potentially avoid penalties altogether. 

Compliance Pathways Under Article 321 LL97 offers two main compliance routes: 

1. Meet emissions targets through actual building performance. 
2. Implement specific energy conservation measures through the Prescriptive Pathway. 

If neither pathway applies for a specific building, the Department of Buildings (DOB) offers three penalty mitigation options: an unexpected or unforeseeable event, EECP submission, or a mediated resolution. To demonstrate EECP eligibility, the owners will need to submit the following:  

A signed document dated between November 15, 2019, and December 31, 2025, which can be one of the following:  

• an HPD/HDC Commitment Letter or Regulatory Agreement,  
• a Notice to Proceed (NTP) or Project Initiation Letter (PIOL) from AMEEP or Clean Heat, 
• a CPC Term Sheet for Climate Friendly Homes Fund (CFHF), 
• an HCR Weatherization Assistance Program (WAP) agreement.  

Additionally, the owners will need to submit an EECP form, which includes the project scope, narrative, and owner signature, but does not require RDP/RCxA attestation. The supporting documentation is based on the EECP Narrative Form. If financing is closed, owners must submit all documents. If it is still in progress (e.g., HPD pipeline), they must submit the initial documents now and the full documentation after closing.  

What projects qualify? 

The following proxy programs are available: Enterprise Green Communities, LEED, HPD New Construction, REDi, GHPP, HPD Retrofit Electrification Pilot, NYSERDA Low Carbon Pathways, AMEEP (Comprehensive or Non-Comprehensive with eligible scope), Climate Friendly Homes Fund (CFHF), NYS Clean Heat, and HCR WAP.  

Eligible scopes include oil-to-gas conversions, boiler replacements, new roof and window installations, rooftop solar installations, cold-climate electric heat pumps, and any Article 321 PECMs included in scope. 

EECPs offer a practical and often overlooked way to meet LL97 requirements without facing steep penalties. If a building is already undergoing energy upgrades or has received government support, this is an opportunity to get compliant the smart way. 

Source: NYC.gov