One Bryant Park, also known as the Bank of America Tower, in Manhattan faces an estimated $2.4 million in annual fines when New York City’s York’s Local Law 97 goes into effect.
The potential hefty levy on this property is ironic given that it was certified LEED Platinum after it opened in 2010. An in-depth article at Bloomberg.com about this predicament illustrates the complexities owners face in addressing the law, which imposes carbon caps that are backed up by fines for non-compliance.
Passed in 2019, the law is a sweeping measure establishing emissions limits for almost 50,000 of the city’s largest buildings. The owners of an estimated 20% of these office buildings, hotels, and multifamily properties will likely face fines in 2024 when the law goes into effect. Many more buildings would face fines in 2030, when the caps will be lowered by 40%.
Part of the issue for the Bank of America Tower is a density of employees with heavy computer usage—at least on some floors—that use a lot of electricity. The owner says Local Law 97 is deeply flawed because it doesn’t distinguish between different densities and usages of properties and points out that the terms of the lease with the bank preclude him from limiting their power usage.
The Bank of America Tower had some impressive green features when it was built: a natural gas-fueled cogeneration plant for electricity that uses heat from the combustion process for additional power to operate HVAC systems, a cooling system that uses ice made overnight when power demand is lower, and a green roof. Today, when the ultimate goal is carbon neutrality, though, these features do not create the desired impact.
The details of the law are still being worked out, though, and that may bode well for the owner. There is support from some city officials to make allowances for buildings such as the Bank of America Tower that time their energy use.
Related Stories
| Nov 10, 2011
Senate ready to repeal 3% withholding on government contracts
The U.S. Senate is set to approve legislation that would eliminate a law requiring federal, state, and local governments to withhold 3% of their payments to contractors and companies doing business with the government.
| Nov 10, 2011
New legislation aimed at improving energy efficiency in federal buildings
Recently introduced legislation, the “High-Performance Federal Buildings Act,” would help federal agencies save energy and money by improving building performance.
| Nov 3, 2011
House Votes to Kill 3% Withholding Requirement; Senate Yet to Vote
The U.S. House of Representatives voted last week to repeal a 3% IRS withholding tax on businesses that do work for the government.
| Oct 28, 2011
Bipartisan opposition to federal 3% withholding for contractors
Both major political parties and the Obama Administration support repealing a law that would withhold 3% of all government contracts.
| Oct 20, 2011
Michigan bill would let private firms operate as a city’s building department
Michigan House Bill 5011 would change state’s building code to allow private companies to operate as a municipality's building department.
| Oct 20, 2011
Alabama’s strict immigration law drives away construction workers
Alabama's strict new immigration law is driving many construction workers and roofers from the state.
| Oct 20, 2011
Fed bill would allow school rehab funding via historic tax credits
Virginia Sens. Jim Webb (D) and Mark Warner (D) introduced a bill this month to rehab aging schools across the country through the use of historic tax credits.
| Oct 13, 2011
New Law: California Building Standards Commission Must Include Green Expert
A new California law, AB 930, requires that one member of the California Building Standards Commission be “experienced and knowledgeable in sustainable building, design, construction, and operation.”
| Oct 13, 2011
AGC Urges Repeal of 3% Withholding On Government Contracts
The U.S. House of Representatives is planning a vote in October on a bill to repeal the 3% withholding requirement on all federal and state contracts for goods and services.