Emerging Issues

NYS Department of Environmental Conservation Issues Draft Disadvantaged Communities Criteria

On March 9, 2022, the New York State Department of Environmental Conservation (DEC or the Department) issued draft criteria developed by the Department’s Climate Justice Working Group (CJWG or Working Group) for identifying disadvantaged communities in New York State. The CJWG was established under the Climate Leadership and Community Protection Act of 2019 (CLCPA) and…

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NYS Department of Environmental Conservation Issues CLCPA Compliance Guidance

On December 8, 2021, the New York State Department of Environmental Conservation (DEC or the Department) issued two policies that incorporate climate change considerations into Departmental decision making and ensure compliance with the Climate Leadership and Community Protection Act of 2019 (CLCPA). As previously covered by the SPR Blog, the CLCPA requires DEC to establish…

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City Issues New Local Law 97 Affordable Housing Guidance

New York City issued new guidance on compliance with Local Law 97 of 2019 (Local Law 97), as amended, for affordable housing and extended the compliance deadline for some types of rent regulated buildings. Local Law 97 requires most buildings over 25,000 square feet to meet progressively stringent greenhouse gas emissions (GHG) limits or to…

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New Model High-Performance Lease Helps Unlock NYC’s Ambitious Climate Goals

In August 2021, the Institute for Market Transformation, with pro bono assistance from SPR, released a model high-performance lease that will provide critical assistance for commercial building owners and tenants seeking to advance building decarbonization and comply with NYC Local Law 97. A “high-performance lease” is a commercial lease that contains provisions that mandate compliance…

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NYC Department of Buildings Issues New Guidance on Local Law 97 Adjustment Applications

On Friday April 9, the New York City Department of Buildings (DOB) issued its first Local Law 97 Adjustments Application Filing Guide. DOB began accepting adjustment applications on April 12, 2021 via its DOB NOW: Safety website. Local Law 97 of 2019 (LL97) requires most New York City buildings over 25,000 square feet to meet…

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New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions

On October 29, 2020, the New York City Council passed Int. No 1947-A—a bill that significantly amends the affordable housing provisions of Local Law 97 of 2019 to require more buildings to meet greenhouse gas emissions caps. Local Law 97 and the technical amendments in Local Law 147 of 2019 require most new and existing…

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