New York City's green building requirements

Capital projects of entities that are not City agencies are not subject to the
requirements of section 224.1 of the Charter and the rules unless at any time: (1) 50% or more of the estimated project costs are paid out of the City treasury; or (2) the project receives ten million dollars or more of the estimated project cost from the City treasury. When determining whether the City contribution exceeds one of these thresholds, the cost of the entire project, as described in relevant documentation submitted to the Office of
Management and Budget, including acquisition and subsequent construction or rehabilitation costs, shall be considered. Entities shall act in good faith in describing their capital projects to the Office of Management and Budget.

The rules clarify that stand-alone parking garages are not covered by the law, as there is no LEED certification that would apply to them at the present time.
For the purposes of determining the required energy cost reduction of capital
projects subject to paragraph (2) of subdivision b and subdivision c of section 224.1 of the Charter, the methodology prescribed under LEED atmosphere and energy credit 1 of LEED NC v.2.1 or the New York State Energy Conservation Code, whichever is more stringent, shall be utilized.

The requirement for application for USGBC certification pursuant to subdivision k of section 224.1 of the Charter does not apply where the agency is utilizing an approved green building rating system other than the LEED green building rating system, nor does it apply to the projects of entities that are not City agencies. City and non-City agencies responsible for a capital project subject to section 224.1 of the Charter must complete the applicable reporting forms for each capital project. The Director of the Office of Environmental Coordination will prepare an Annual Report in accordance with section 3 of Local Law 86 for the year 2005.

Pursuant to subdivision f of section 224.1 of the Charter, the Mayor may exempt capital projects from one or more of the green building requirements if, in his or her sole discretion, such exemption is necessary in the public interest. Executive Order No. 97 of 2006 delegated this power to administer exemptions to the Director of the Office of Environmental Coordination, which is reflected in the rules. The total value of the exemptions granted may not exceed 20% of the capital dollars in each fiscal year accounting for capital projects subject to each of subdivisions b, c and d of section 224.1 of the Charter. Request for exemption, including an explanation of the reason for such request and supporting documentation, shall be submitted to the Director of the Office of Environmental Coordination as soon as is practicable after the City agency becomes aware of the necessity for such exemption.