The benchmarking requirement went into effect for the 2010 calendar year, requiring private building owners to benchmark and submit reports by May 2011 (City of New York 2011). Noncompliance with Local Law 84 is treated as a violation of the city’s construction code and is assessed a $500 fee per quarter of non-compliance (DOE SEEAction 2011a). Public disclosure for buildings that are primarily residential will begin in September 2013 for buildings: each building’s energy use intensity, water use per square foot, and (if applicable) percentile rating will be posted online by the City, accessible to the public (City of New York 2011). Disclosure of reports for primarily non-residential buildings begins in September 2012, and the disclosure of reports for City-occupied buildings began in September 2011. Outcomes By August 2011, two-thirds of the buildings covered by Local Law 84 had complied and submitted benchmarking reports; the City extended the deadline to December to encourage additional submissions. By March 2012, compliance was up to 80% of buildings, according to Laurie Kerr, a Senior Policy Advisor in the Mayor’s Office of Long Term Planning and Sustainability (Kerr 2012). Preliminary analysis shows that residential units comprise 80% of the floor space being benchmarked. In addition, the City’s analysis showed a spread of building energy use where some buildings have an energy use intensity that is fourfold that of others (Kerr 2012). Benchmarking has also led to job and expertise creation, spurring a ‘cottage industry of benchmarkers’ (Kerr 2012). Compliance costs have been about $500 to $2000 per building, translating into a significant business opportunity for private sector service providers. In addition, energy service companies in New York have seen a 30% uptake in business, specifically due to benchmarking (DOE SEEAction 2011a). One company in New York that provides building energy services, Ecological, reported doubling in size and adding 400 clients since benchmarking started (Hurley and Burr undated).
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