Local Law 33

What is Local Law 33?

Local Law 33/95 (LL33) is a new local law that now requires all buildings over 10,000 square feet to publicly post the building’s Energy Efficiency Grade (A-D) and score (1-100), determined by the Energy Star Score required under Local Law 84 (Energy Benchmarking-2009) from the previous full calendar year, near public-facing entrances by October 31st every year.

The Local Law 33 Rating assesses each building’s physical assets, operations, energy utility data, and reported business activity. Facilities information (e.g. gross floor area, year built, types/amount of energy used, percentage of space heated and cooled, and cooking facilities) and non-facility data (e.g. operating hours, occupancy) are all parameters from which scores are derived.

The Local Law 33 Energy Efficiency Rating is NOT an indicator of indoor air quality, occupant comfort, ventilation rates, building safety, or academic achievement!

WHAT IS ENERGY EFFICIENCY?

Energy efficiency is using less energy to achieve the same task or operation, thereby reducing wasted energy. The ENERGY STAR score compares energy efficiency by how well your school uses non-renewable energy sources such as electricity, fuel oil, steam, or gas on a daily basis that is measured over a year. This is compared to other school buildings of similar size and use around the nation.

42% of NYC Public Schools’ portfolio has an ENERGY STAR score of 75 or higher, which the EPA’s ENERGY STAR portfolio manager considers to be a top performing building.

Energy efficiency can be achieved through reducing energy consumption by turning off classroom and office items when not in use, optimizing HVAC equipment scheduling and performance, and preventing overheating and overcooling*.

WHAT IS MY SCHOOL’S LETTER RATING?

Find your school’s letter rating posted in the front of your building. You can also ask your Custodian Engineer about your school's letter rating. View here for additional resources about Local Law 33.

WHO WILL POST OUR LOCAL LAW 33 PLACARD? WHAT DOES IT LOOK LIKE?

Each building’s Custodian Engineer will post placards per NYC Department of Building protocols near public entrances by October 31st of each year for all buildings over 10,000 square feet.  Your first placard is based on Calendar Year 2019 data and will look like this sample:

WHAT IS THE PENALTY FOR NOT POSTING THE RATING?

The Department of Buildings has imposed a fine of $1,250 for any non-compliance.

WHAT IS THE DIFFERENCE BETWEEN AN “A” BUILDING AND A “D” BUILDING?

Scores are based on building use types (e.g. schools) and each building’s energy consumption against a national average for the same building type (“Predicted Energy Use Intensity”). An “A” rated school building has an Energy Star score of 85 or higher, reflecting that it uses less energy than the national average.  A building with a “D” (<55) score uses more energy than buildings of the same type on a national scale.

Think of two models of refrigerators of equal size. An efficient fridge could use less energy but still keep food equally cool, whereas an older or less efficient model consumes more energy with the same effect. Same for washing machines-an energy efficient model can get clothes just as clean as an inefficient model. The LL33 scores reflect whole building energy use versus just a single appliance; as such, all equipment (including scheduling), building characteristics, and occupant behavior come in to play and are compared to the national benchmark for K-12 schools as mentioned.

The grading scale adopted by the NYC Department of Buildings has a stricter grading scale than used for energy benchmarking under the EPA’s Portfolio Manager Tool. The average score for NYC buildings (based on 2019 data) is 52 based on the DOB scale for context.

WHY DOES MY SCHOOL HAVE A LOW RATING?

Based on the City’s annual report for energy benchmarking compliance (Local Law 84-2009), the average EPA Energy Star score for eligible City properties is 61.8. That is a “C” according to the Local Law 33 rating scale.

Low ratings can occur from a variety of factors:

• Overheating in winter*

• Overcooling in summer*

•  Leaving lights on outside of occupant hours

•  Turning on building equipment too early before occupants arrive and leaving it on long after occupants leave.

*DCAS recommends an indoor air temperature of 68F in the winter and 78F in the summer to maintain occupant comfort while maximizing energy efficiency; however, D75 spaces should maintain 72F all year-round.

WHAT CAN MY SCHOOL DO TO INCREASE THE ENERGY EFFICIENCY GRADE?

Talk to your Custodian Engineer to find out how school administration can play a role.

• Keep bookshelves away from radiators to allow for proper heat transfer.

• Have teachers report when rooms are too hot or too cold so temperatures can be adjusted.

• Close blinds to prevent direct solar radiation in the summer, and open blinds in the winter to allow direct solar radiation.

• Use natural lighting whenever possible.

• Remove personal appliances in classrooms per Chancellor’s Regulation A-850 .

• Organize the occupancy of the building based on the heating/cooling zone. For example, consolidate summer school classes on the same floor or the same wing.

•   Turn off lights, computers, smart boards, and other electronics when not in use.

WHAT IS HAPPENING TO HELP UPGRADE THESE BUILDINGS?

NYC Public Schools Office of Energy & Sustainability within the Division of School Facilities works to support efficient operations, buildings, and staff citywide, as well as integrate sustainability education with teachers, students, and administrators. The Energy Management team work with the Department of Citywide Administrative Services’ Division of Energy Management, School Construction Authority, Department of Buildings, and the Mayor’s Office of Climate and Environmental Justice to provide resources and opportunities to optimize equipment and systems.

There are many concurrent efforts to provide upgrades and maintenance including, for example, vacancy sensor installations, steam trap replacements, LED lighting upgrades, and boiler tune-ups. School Construction Authority has also established technical and design specifications to meet the City’s climate and sustainability goals and local laws through capital design and construction projects, as seen in their Green Schools Guide. Furthermore, the Division of School Facilities supports no-cost operational efficiencies such as trainings and equipment scheduling optimization that aim to reduce emissions and energy consumption.

To read about past efforts, check out the 2021-22 Annual DOE Sustainability Report.