Section 224.1. Green building standards

a.  As used in this section the
  following terms shall have the following meanings:
    (1) The term "capital project" shall mean a capital project as defined
  in section 210 of this chapter that is paid for in whole or in part from
  the city treasury.
    (2) The term "city agency" shall mean  a  city,  county,  borough,  or
  other  office,  position,  administration, department, division, bureau,
  board  or  commission,  or  a  corporation,  institution  or  agency  of
  government,  the  expenses  of which are paid, in whole or in part, from
  the city treasury.
    (3) The term "construction work" shall mean  any  work  or  operations
  necessary   or  incidental  to  the  erection,  demolition,  assembling,
  alteration, installing, or equipping of any building.
    (4) The term "green building standards" shall mean design  guidelines,
  a  rating  system  or  rules for constructing buildings that ensure site
  planning, water efficiency,  energy  efficiency  and  renewable  energy,
  conservation   of  materials  and  resources  and  indoor  environmental
  quality.
    (5) The term "inflation" shall  mean  the  annual  twelve  (12)  month
  average  of  the  consumer  price  index  published by the United States
  department of labor.
    (6) The term "LEED energy and atmosphere  credit  1"  shall  mean  the
  credit  point  under  LEED  for New Construction version 2.1 intended to
  achieve increased energy performance.
    (7) The term "LEED green building rating system" shall mean a  version
  of  the  Leadership  in  Energy and Environmental Design (LEED) building
  rating system published by the United States Green Building Council, not
  less stringent than the selected green building rating system, including
  a standard developed by or for the  city  consisting  of  practices  and
  technologies derived from the LEED rating system that are reasonable and
  appropriate for building in New York city.
    (8)  The term "LEED water efficiency credit 3.2" shall mean the credit
  point under the LEED  for  New  Construction  version  2.1  intended  to
  achieve water use reduction.
    (9)  The  term  "not  less stringent" shall mean providing no less net
  environmental and health benefits.
    (10) The  term  "rehabilitation  work"  shall  mean  any  restoration,
  replacement or repair of any materials, systems and/or components.
    (11)  The  term "selected green building rating system" shall mean the
  current and most appropriate building rating  system  published  by  the
  United  States Green Building Council; provided, however, at the mayor's
  discretion, the term "selected green building rating system" shall  mean
  New Construction version 2.1, Existing Buildings version 2 or Commercial
  Interiors version 2, whichever is most appropriate for the project under
  United States Green Building Council guidelines.
    (12)  The  term  "substantial  reconstruction"  shall  mean  a capital
  project in which the scope of work includes rehabilitation  work  in  at
  least  two  of  the  three  major  systems,  electrical,  HVAC (heating,
  ventilating and air  conditioning)  and  plumbing,  of  a  building  and
  construction work affects at least fifty percent (50%) of the building's
  floor area.
    b. (1) Each capital project with an estimated construction cost of two
  million dollars ($2,000,000) or more involving (i) the construction of a
  new  building,  (ii)  an  addition to an existing building, or (iii) the
  substantial reconstruction of an existing building shall be designed and
  constructed to comply with green building standards not  less  stringent
  that  the standards prescribed for buildings designed in accordance with
  the LEED green building rating system to achieve a LEED silver or higher

  rating, or, with respect to buildings classified in occupancy  groups  G
  or  H-2,  to  achieve  a  LEED  certified or higher rating. If the mayor
  elects to utilize green building standards other  than  the  LEED  green
  building  rating  system, the mayor shall publish findings demonstrating
  that such other green building standards are not less stringent than the
  LEED standards described above for achievement of a LEED silver  or,  if
  applicable,  a  LEED  certified  rating.  The  green  building standards
  utilized by the city in accordance with this section shall  be  reviewed
  and  updated,  as  necessary, by the mayor no less often that once every
  three years.
    (2) In addition, if the  estimated  construction  cost  of  a  project
  required  to  comply  with  green  building standards in accordance with
  paragraph one of this subdivision is 12 million dollars ($12,000,000) or
  more such project shall be designed and  constructed  to  reduce  energy
  cost as follows:
    (i)  Capital  projects,  other  than buildings classified in occupancy
  group G, with an estimated  construction  cost  of  12  million  dollars
  ($12,000,000)  or  more  but  less than 30 million dollars ($30,000,000)
  shall be designed and constructed to reduce energy cost by a minimum  of
  twenty  percent  (20%),  as  determined by the methodology prescribed in
  LEED energy and atmosphere  credit  1  or  the  New  York  state  energy
  conservation  code,  whichever  is  more  stringent. In addition to such
  twenty percent (20%) reduction in energy cost, the design  agency  shall
  make  investments  in  energy  efficiency  that reduce energy cost by an
  additional five percent (5%) if  it  finds  that  the  payback  on  such
  investment through savings in energy cost would not exceed seven years.
    (ii)  Capital  projects,  other than buildings classified in occupancy
  group G, with an estimated  construction  cost  of  30  million  dollars
  ($30,000,000) or more shall be designed and constructed to reduce energy
  cost  by  a  minimum  of twenty-five percent (25%), as determined by the
  methodology prescribed in LEED energy and atmosphere credit 1 or the New
  York state energy conservation code, whichever  is  more  stringent.  In
  addition to such twenty-five percent (25%) reduction in energy cost, the
  design  agency  shall  make investments in energy efficiency that reduce
  energy cost by an additional five percent (5%)  if  it  finds  that  the
  payback  on  such  investment  through  savings in energy cost would not
  exceed seven years.
    (iii) Capital projects involving  buildings  classified  in  occupancy
  group  G  with  an  estimated  construction  cost  of 12 million dollars
  ($12,000,000) or more shall be designed and constructed to reduce energy
  cost by a  minimum  of  twenty  percent  (20%),  as  determined  by  the
  methodology prescribed in LEED energy and atmosphere credit 1 or the New
  York  state  energy  conservation  code, whichever is more stringent. In
  addition to such twenty percent (20%)  reduction  in  energy  cost,  the
  design  agency  shall  make investments in energy efficiency that reduce
  energy cost by an additional five percent (5%)  if  it  finds  that  the
  payback  on  such  investment  through  savings in energy cost would not
  exceed seven years or, in the alternative, the design agency shall  make
  investments   in  energy  efficiency  that  reduce  energy  cost  by  an
  additional ten percent (10%) if  it  finds  that  the  payback  on  such
  investment through savings in energy cost would not exceed seven years.
    c.  Capital  projects,  other than those required to comply with green
  building standards in accordance with subdivision  b  of  this  section,
  shall be subject to the following:
    (1) Each capital project that includes the installation or replacement
  of  a  boiler at an estimated construction cost for such installation or
  replacement of  two  million  dollars  ($2,000,000)  or  more,  or  that
  involves  the  installation  or  replacement  of  lighting  systems in a

  building at an estimated construction  cost  for  such  installation  or
  replacement  of  one  million  dollars  ($1,000,000)  or  more, shall be
  designed and constructed to reduce energy  cost  by  a  minimum  of  ten
  percent  (10%),  as  determined  by  the  methodology prescribed in LEED
  energy and atmosphere credit 1 or the New York state energy conservation
  code, whichever is more stringent.
    (2) Each capital project, other than a project required to comply with
  paragraph one of this subdivision, that  involves  the  installation  or
  replacement  of  HVAC comfort controls at an estimated construction cost
  for such installation or replacement of two million dollars ($2,000,000)
  or more, shall be designed and constructed to reduce energy  cost  by  a
  minimum of five percent (5%) as determined by the methodology prescribed
  in  LEED  energy  and  atmosphere  credit 1 or the New York state energy
  conservation code, whichever is more stringent.
    d. In addition to complying with any other applicable  subdivision  in
  this  section,  each  capital  project  involving  the  installation  or
  replacement of  plumbing  systems  that  includes  the  installation  or
  replacement  of  plumbing fixtures at an estimated construction cost for
  such installation or replacement of plumbing  systems  of  five  hundred
  thousand dollars ($500,000) or more shall be designed and constructed to
  reduce potable water consumption in the aggregate by a minimum of thirty
  percent  (30%),  as  determined by a methodology not less stringent than
  that prescribed in LEED water efficiency credit 3.2; provided,  however,
  that  such  percentage  shall  be  reduced  to  a  minimum of 20% if the
  department of buildings rejects an application for the use of  waterless
  urinals for the project.
    e.  This  section  shall  apply  only  to  capital  projects involving
  buildings classified in occupancy groups B-1, B-2,  C,  E,  F-1a,  F-1b,
  F-3, F-4, G, H-1 and H-2.
    f.  The  mayor  may exempt from each provision of this section capitol
  projects accounting for up to 20% of the capital dollars in each  fiscal
  year  subject  to  such  provision  if  in his or her sole judgment such
  exemption is necessary in the public interest. At the conclusion of each
  fiscal year the mayor shall report to the council the exemptions granted
  pursuant to this section.
    g. This section shall not apply to capital projects of  entities  that
  are  not  city  agencies  unless  fifty  percent  (50%)  or  more of the
  estimated cost of such project is  to  be  paid  for  out  of  the  city
  treasury.  This  exemption  shall  not apply to any capital project that
  receives ten million dollars ($10,000,000)  or  more  out  of  the  city
  treasury.
    h. This section shall not apply to capital projects that have received
  capital dollars from the city treasury before January 1, 2007.
    i.  The  mayor  shall  promulgate rules to carry out the provisions of
  this section.
    j. The costs listed in subdivisions b, c, d  and  g  of  this  section
  shall be indexed to inflation.
    * k.  Capital  projects accounting for at least fifty percent (50%) of
  the capital dollars in each fiscal year allocated for each  city  agency
  that  are subject to paragraph one of subdivision b of this section that
  utilize a version of the LEED green building rating system for which the
  United States  Green  Building  Council  will  accept  applications  for
  certification,  shall  apply to the United States Green Building Council
  for certification that such projects have achieved a  silver  or  higher
  rating  under  the LEED green building rating system or, with respect to
  projects involving buildings classified in occupancy groups G or H-2,  a
  certified or higher rating under such rating system.
    * NB Repealed January 1, 2017