By: WBG, LLP Published: January 2010

The New New York City Energy Conservation Code

On December 28, 2009, New York City Mayor Michael Bloomberg signed comprehensive 
legislation dubbed the Greener, Greater Buildings Plan. The purpose of this legislation is to 
reduce New York City’s carbon footprint by five percent. In the first of this three part series, we 
will discuss several important provisions of the new New York City Energy Conservation Code 
(the ANYCECC), and what means to property owners and builders. 
The enactment of the NYCECC is intended to close what was perceived to be a loophole in the 
Energy Conservation Construction Code of New York State (the State Code), adopted in 2007. 
The State Code applies only to new construction and renovation work where more than half of a 
building’s systems of subsystems were replaced. Thus, everything from simple remodeling work 
to extensive renovations and additions (provided that the new work used more than half of the 
building’s existing systems) were exempted from compliance with the State Code. As a result of 
the enactment of the NYCECC, now any1
 construction which requires a building permit 
including residential construction must be analyzed for energy efficiency to the standards set 
forth under the State Code. 
In order to comply with the NYCECC, an applicant for a building permit must have the lead 
design professional submit three items along with the permit application: 1) a statement that to 
the best of the design professional’s knowledge, belief and professional judgment; the plans and 
specifications submitted are in compliance with the NYCECC, or that the project is exempt from 
its requirements; 2) the results of an energy analysis (which must include the building’s 
envelope, its service water heating, lighting and power systems, and its mechanical systems) 
comparing the proposed project to the requirements of the NYCECC and setting forth how the 
project meets the NYCECC; and 3) construction drawings which demonstrate conformance with 
the NYCECC. It is important to note that this submission is an ongoing process. The analysis and 
construction documents must be updated to account for any substitutions and changes made 
during the course of construction. 
1The following buildings are exempt from the NYCECC: buildings which use small 
amounts of energy; buildings which contain no conditioned space; buildings which receive all of 
their from renewable energy sources; historic buildings; and nonresidential farm buildings. The 
following construction work is exempt from the NYCECC: installation of storm windows; the 
replacement of glazing in an existing sash and frame; exposing existing ceiling, wall or floor 
cavities during construction, provided that such cavities are filled with insulation prior to 
reclosure; and any construction where the existing roof, wall or floor cavities are not exposed. 

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