Section 210.
§ 210. Definitions. As used in this charter:
1. The term "capital project" shall mean:
(a) A project which provides for the construction, reconstruction,
acquisition or installation of a physical public betterment or
improvement which would be classified as a capital asset under generally
accepted accounting principles for municipalities or any preliminary
studies and surveys relative thereto or any underwriting or other costs
incurred in connection with the financing thereof.
(b) The acquisition of property of a permanent nature including wharf
property.
(c) The acquisition of any furnishings, machinery, apparatus or
equipment for any public betterment or improvement when such betterment
or improvement is first constructed or acquired.
(d) Any public betterment involving either a physical improvement or
the acquisition of real property for a physical improvement consisting
in, including or affecting:
(1) Streets and parks;
(2) Bridges and tunnels;
(3) Receiving basins, inlets and sewers, including intercepting
sewers, plants or structures for the treatment, disposal or filtration
of sewage, including grit chambers, sewer tunnels and all necessary
accessories thereof; or
(4) The fencing of vacant lots and the filling of sunken lots.
(e) Any other project allowed to be financed by the local finance law,
with the approval of the mayor and the comptroller.
(f) Any combination of the above.
2. The term "pending" shall mean not yet completed.
3. The term "standards" for each category of capital projects to
which they apply shall include: maximum gross and net areas allowed;
types of programs which may be operated in the facility; performance
requirements for environmental systems; allowable materials and
finishes; maximum areas allowed for different functions and activities;
approximate cost limits per square foot of construction; and such other
items designated by the mayor or by resolution of the council.
4. The term "scope of project" or "proposed scope of project" shall
mean a description of a capital project included in the capital budget
that contains specific guidelines for the design and implementation of
such project consistent with the standards for the appropriate category
of capital projects and includes each of the following items of
information which are relevant to the capital project involved:
(a) Purposes and public to be served;
(b) Programs to be conducted in the facility;
(c) Gross and net amounts of space and bulk for any building or
structure and for areas for different functions and activities;
(d) Identification of required architectural, engineering or other
consultants and estimated fees for such consultants;
(e) Estimated completion dates for scope, design and construction;
(f) Total estimated project costs, including costs for site
acquisition, preparation and tenant relocation, design, construction and
equipment;
(g) Estimated expenditures for the project for each fiscal year until
its completion;
(h) Estimated annual costs to operate programs within the facility
when fully staffed and to maintain the facility; and,
(i) Such other information as shall be required by the mayor or by
resolution of the council.
5. The term "cost" shall include the contract liabilities and
expenditure incurred for work in carrying out the physical improvement
and interest thereon, and the compensation to be made to the owner of
any real property acquired for the improvement as determined by a court
or by agreement, and interest thereon.
6. The term "expenses" shall mean any expenses incurred in relation
to an assessable improvement exclusive of cost and of damages assessed
by the board of assessors.
7. The term "street," as used in this chapter, shall include street,
avenue, road, alley, lane, highway, boulevard, concourse, parkway,
driveway, culvert, sidewalk, crosswalk, boardwalk, and viaduct, and
every class of public road, square and place, except marginal streets.
8. The term "real property" shall include all lands and improvements,
lands under water, water front property, the water of any lake, pond or
stream, all easements and hereditaments, corporeal or incorporeal, and
every estate, interest and right, legal or equitable, in lands or water,
and right, interest, privilege, easement and franchise relating to the
same, including terms for years and liens by way of judgment, mortgage
or otherwise.
Section 211.
§ 211. Capital budget borough allocations. a. Borough allocation. Five
percent of the appropriations, funded by debt supported by city tax levy
funds and state and federal funds over which the city has substantial
discretion, proposed in the executive capital budget for the ensuing
fiscal year, except any lump sum appropriation for school construction
or rapid transit proposed to be made to public authorities established
pursuant to the provisions of state law, shall be allocated among the
boroughs by a formula based on an equal weighting of factors relating to
population and geographic area, and shall be known as the capital budget
borough allocation. Such formula shall be established by local law, but
in any fiscal year for which no such local law is effective such amount
shall be allocated among the boroughs on the basis of the average of (i)
each borough's share of the total population of the city, and (ii) each
borough's share of the total land area of the city.
b. Preliminary borough allocations; initial borough president
notification. Concomitantly with the submission of the preliminary
capital budget and preliminary certificate, the mayor shall inform each
borough president of the portion of the executive capital budget for the
ensuing fiscal year and of the executive capital budgets for each of the
three succeeding years that, pursuant to the formula required by
subdivision a of this section, would be allocated to each borough if the
amount of the appropriations proposed in the executive capital budget
for each of such fiscal years were the same as the maximum amounts of
appropriations for such years which the mayor anticipates to be
certified in the preliminary certificate issued in accordance with
section two hundred thirty-five. The amount of such portion shall be
known as the preliminary capital budget borough allocation.
c. Borough president proposals. 1. Each borough president, during the
consultations required by section two hundred forty-four, shall submit
to the mayor, in such form as the mayor shall prescribe, proposed
capital appropriations in an amount not exceeding that borough's
allocation of the capital budget borough allocation as certified by the
mayor to the borough presidents during such consultations. The timing of
such certification shall allow sufficient time for such consultations
and for meeting the deadlines established by section two hundred
forty-nine. Each such proposed appropriation shall be accompanied by the
following information:
(a) for each such proposed appropriation for construction of a capital
project, the estimated annual cost to operate and maintain the facility
to be constructed pursuant to such appropriation when construction is
completed. Such estimates shall be prepared in accordance with the
standards established for this purpose pursuant to section two hundred
twenty-one of this chapter and shall be certified by the director of the
office of management and budget. In the event that a borough president
and the director of management and budget do not agree on such estimate
for a particular project, such director and the director of the
independent budget office shall jointly certify an estimate for such
purpose;
(b) for each such proposed appropriation for the planning and design
of a capital project, (i) the estimated cost of the construction of the
project, and (ii) the fiscal year in which the borough president intends
to propose an appropriation for the construction of the project, if no
technical problems regarding the viability of the project are identified
during planning, site selection or design; (c) the total of all
appropriations which will be necessary during the three ensuing fiscal
years to provide for the construction of projects for which planning and
design appropriations are being proposed.
2. If a borough president proposes an appropriation for the
construction of a capital project, the appropriation must provide for
the total amount estimated to be necessary for the completion of the
project. If such a proposed appropriation for the construction of a
capital project is for an amount which is less than the amount that the
office of management and budget estimates to be necessary for the
completion of the project, the borough's capital budget borough
allocation in any future year in which additional appropriations are
necessary for the completion of the project shall be reduced by the
amount of such additional appropriations.
3. If the total appropriations necessary, during any of the ensuing
three fiscal years, to provide for the construction of (i) projects for
which the borough president is proposing appropriations for planning and
design, and (ii) projects for which appropriations were previously made
for planning and design on the recommendation of the borough president,
is greater than the capital budget borough allocation anticipated to be
available during such years based on the certificate issued pursuant to
paragraph sixteen of section two hundred fifty of this charter, then the
borough president shall submit for inclusion in the executive budget a
list of the projects requiring construction appropriations during such
year, in priority order.
4. If the estimated annual cost to operate and maintain the capital
projects being proposed for construction by a borough president is
greater than the amounts dedicated to such expense budget purposes from
the expense budget borough allocation and the capital budget borough
allocation expense budget contingency projected to be available to the
borough president in one or more ensuing fiscal years then such proposed
appropriations may only be included by a borough president in the
capital budget with the concurrence of the mayor.
d. The mayor shall include the proposed appropriations submitted by
the borough presidents in accordance with subdivision c of this section
in the executive capital budget provided however, that the mayor may
also include such comments and recommendations relating to such
proposals as the mayor deems appropriate.
Section 212.
§ 212. Format of departmental estimates for capital projects,
preliminary capital budget and executive capital budget. The
departmental estimates for capital projects and the executive capital
budget shall consist of a detailed estimate of all capital projects
pending or which the agency head, for departmental estimates, or the
mayor, for the executive budget, believes should be undertaken within
the ensuing fiscal year and the three succeeding fiscal years. Each
agency head, for departmental estimates, and the mayor, for the
executive budget, shall submit a written response to each of the capital
budget priorities included in the community board's statement of budget
priorities submitted in accordance with section two hundred thirty. Such
responses shall include the response of the agency head and the mayor,
as appropriate, regarding the disposition of each such priority and
meaningful explanations of any disapprovals contained in such estimates
or budget.
Section 213.
§ 213. Preliminary capital budget. The preliminary capital budget
shall consist of: (1) a financial plan, consistent with section two
hundred fifty-eight, covering estimates of capital expenditures for the
four ensuing fiscal years, (2) departmental estimates for capital
projects as provided in section two hundred twelve together with the
cash flow requirements and proposed sources of funding for each project
included in such estimates, (3) a capital program status report which
sets forth the appropriations for each project included in the capital
budget for the current fiscal year together with the expenditures to
date, and (4) a summary description of the purpose of each capital
project and the needs it will fulfill, the schedule for beginning and
constructing the project, its period of probable usefulness and an
appropriate maintenance schedule.
Section 214.
§ 214. Executive capital budget. a. The executive capital budget shall
set forth separately each capital project, including the capital
projects proposed by the borough presidents in accordance with section
two hundred eleven, and shall include:
1. A brief description and the location of each project; the total
estimated cost of the project; the appropriations which have been
previously adopted for this project; the amount of appropriations
recommended to be adopted for the ensuing fiscal year, the aggregate
amount of which shall not exceed the amount in the mayor's certificate;
the amount of appropriations required thereafter to complete the
project; the sources of funds for the project including state, federal,
private and other funds; the period of probable usefulness; the
estimated additional annual maintenance and operation costs; any terms
and conditions of the project; and the estimated dates of completion of
final scope, final design and final construction;
2. A listing of all pending projects; and any recommendations that any
pending projects be modified, rescinded or postponed accompanied by a
statement of the budgetary impact of any such action; and
(3) A listing of proposed capital projects by community district and
by borough and an identification of those projects which were included
in the statement of capital priorities submitted by each community board
and borough board.
b. The executive capital program shall set forth for both program
categories and individual projects:
1. A statement for each of the three succeeding fiscal years of the
total dollar amounts necessary to complete projects initiated in prior
years and projects proposed in the executive budget, the amounts
necessary for projects proposed to be initiated in future years and the
amounts necessary for amendments and contingencies; and
(2) A statement of the likely impact on the expense budget of
staffing, maintaining and operating the capital projects included in or
contemplated by the capital program.
Section 215.
§ 215. Ten-year capital strategy. a. The ten-year capital strategy
shall be issued by the mayor pursuant to section two hundred forty-eight
after (i) submission of a preliminary strategy by the department of city
planning and the office of management and budget pursuant to section two
hundred twenty-eight, and (ii) submission of a report on the preliminary
strategy by the city planning commission following a public hearing,
pursuant to section two hundred thirty-four.
b. Contents of ten-year capital strategy. Each ten-year capital
strategy shall include:
(1) a narrative describing the strategy for the development of the
city's capital facilities for the ensuing ten fiscal years; the factors
underlying such strategy including goals, policies constraints and
assumptions and the criteria for assessment of capital needs; the
anticipated sources of financing for such strategy; and the implications
of the strategy, including possible economic, social and environmental
effects;
(2) tables presenting the capital commitments estimated to be made
during each of the ensuing ten fiscal years, by program category and
agency. Where revelant the anticipated sources of financing for
particular categories and projects shall be specified; and
(3) a map or maps which illustrate major components of the strategy as
relevant.
c. In the preparation of the preliminary ten-year capital strategy,
the department of city planning and office of management and budget
shall consider (i) the strategic policy statements of the mayor and the
borough presidents pursuant to section seventeen, (ii) relevant
citywide, borough and community plans adopted pursuant to section one
hundred ninety seven-a, and (iii) the reports pursuant to section two
hundred fifty-seven comparing the most recent ten-year capital strategy
with the capital budgets and programs adopted for the current and
previous fiscal years.
Section 216.
§ 216. Amendment. a. Upon receipt of a recommendation in writing
from the mayor or a borough president, in manner specified herein, the
council may amend the capital budget or capital program in the same
manner as the adoption of the capital budget and capital program
including the right to approve the proposed amendment as submitted or to
increase or decrease the amounts of funds proposed to be appropriated
thereby, but only if funds are available within the capital budget and
the applicable program category of the capital program; provided,
however, that (i) the mayor may only recommend such an amendment
relating to an appropriation included in the capital budget pursuant to
section two hundred eleven with the concurrence of the relevant borough
president; and (ii) the borough president may only make such a
recommendation with regard to such an appropriation if it provides for
an offsetting reduction in another appropriation included in the capital
budget pursuant to section two hundred eleven on the recommendation of
such borough president and it is concurred in by the mayor.
b. Upon the adoption of any such amendment by the council, it shall
be certified by the mayor, the public advocate and the city clerk, and
the capital budget shall be amended accordingly.
c. Not later than five days after such certification such amendment
shall be filed in the office of the comptroller and shall be published
forthwith in the City Record.
Section 217.
§ 217. Restrictions on capital projects. a. No obligations of the
city shall be issued or authorized for or on account of any capital
project not included in a capital budget, or for which funds have not
been reserved in an appropriate program category of the capital program
for any year of such program in which it is projected that funds will be
expended for the completion of the project, or in excess of the maximum
amount of obligations which may be issued on account of such project as
fixed in such capital budget; and no amount may be expended on account
of any capital project in excess of the amount appropriated for such
purposes in a capital budget, except that the amount appropriated for
such purposes may be increased by the mayor by not more than fifteen per
centum thereof in order to meet any costs required to advance such
project. Notice of any such increase shall be provided to the council
together with a statement of identifiable funds available for payment of
the increase.
b. Funds included in the capital budget for a capital project that
are not obligated or committed during the fiscal year in which
appropriated shall not be obligated or committed in the subsequent
fiscal year unless reappropriated in a subsequent capital budget or an
amendment thereto. A capital project included in a capital budget that
is not initiated by the expenditure of funds within two years after its
inclusion in the budget shall be eliminated from the budget.
c. The city may issue capital debt only to finance capital projects
as defined in section two hundred ten. The capital budget may not
include expense items that are properly includable only in the expense
budget, as determined in accordance with the accounting principles set
forth in the state comptroller's uniform system of accounts for
municipalities, as the same may be modified by the state comptroller, in
consultation with the city comptroller, for application to the city.
d. No capital project shall be included in the proposed executive
capital budget or otherwise adopted as part of the capital budget or as
an amendment thereto unless sufficient funds are available within the
appropriate general program category of the capital program for any year
of such program in which it is projected that additional appropriations
will be necessary for the completion of the project.
Section 218.
§ 218. Site selection. a. The selection of sites for capital
projects shall be pursuant to the uniform procedures provided pursuant
to sections one hundred ninety-seven-c and one hundred ninety-seven-d,
except for acquisition of office space pursuant to section one hundred
ninety-five.
b. To the maximum extent feasible, final approval of a site for a
capital project shall occur prior to or simultaneously with the approval
of the scope of the project pursuant to this chapter.
c. During the review required by subdivision a, the community board
and borough president shall also review, and may comment on, the scope
of the project.
Section 219.
§ 219. Project initiation; commitment plan. a. The inclusion of a
capital project in the capital budget as adopted or amended shall
constitute a direction and order to the agency to proceed with the
preparation of a scope of project pursuant to this chapter unless
sufficient planning funds for such purpose have not been appropriated in
the capital budget. The head of the agency shall notify the comptroller
of the amount of appropriated planning funds to be encumbered for such
purpose.
b. The approval of a scope of project for a capital project pursuant
to this chapter, including the amount of obligations necessary to
finance the design and construction of the project, shall constitute a
direction and order to the agency to design the project, unless
sufficient funds for such purpose have not been appropriated in the
capital budget or are otherwise not available within the appropriate
program category of the capital program. Such approval shall constitute
notification to the comptroller of the comptroller's authorization to
expend appropriated design funds.
c. The approval of the final design for a capital project pursuant to
this chapter shall constitute a direction and order to the agency
responsible for construction to prepare bid and award documents and to
proceed to bid, unless sufficient funds for such purpose have not been
appropriated in the capital budget or are otherwise not available within
each year of the capital program in which it is projected that funds
will be expended for the completion of the project. Such approval shall
constitute notification to the comptroller of the comptroller's
authorization to expend appropriated construction funds.
d. The mayor shall require each agency to prepare and submit periodic
reports in regard to the progress of its capital projects, including
schedules and clear explanations of any delays for particular projects
and summary information on each agency's record on such matters. Such
reports shall be published at least three times each year: within ninety
days of the adoption of the capital budget; with the preliminary capital
budget; and with the executive capital budget. Copies of such reports
shall be transmitted by the mayor to the council, the city planning
commission, and the community boards, the borough boards and borough
presidents. Such reports shall include, for each project, the dates set
in the adopted capital budget for the completion of scope, design, and
construction and any changes in such dates.
1. The report issued with the executive budget shall include, for each
new capital project being proposed in the executive budget, a
description of the project including, to the extent practicable, the
information required to be included in a scope of project by paragraph
four of section two hundred ten.
2. The report issued following the adoption of the budget shall
include, for each capital project added to the budget, a description of
the project including, to the extent practicable, the information
required to be included in a scope of project by paragraph four of
section two hundred ten.
3. The report issued following the adoption of the budget shall
include, for each capital project for which a substantial change was
made, a revised description of the project including, to the extent
practicable, the information required to be included in a scope of
project by paragraph four of section two hundred ten.
e. Any capital project which results in the acquisition or
construction of a capital asset which will be subject to the
requirements of section eleven hundred ten-a shall contain a provision
requiring a comprehensive manual setting forth the useful life of the
asset and explaining the activities necessary to maintain the asset
throughout such useful life.
f. The mayor may issue directives and adopt rules and regulations in
regard to the execution of capital projects, consistent with the
requirements of subdivisions a, b, c and d of this section, which shall
be binding upon all agencies.
Section 220.
§ 220. Improvements payable other than by city. Any owner of real
property or any other person interested may apply to the council to
authorize an improvement referred to in paragraph d of subdivision one
of section two hundred ten hereof, not included in the capital budget.
The council may authorize such improvement to be made by the city or by
such owner or other person interested upon compliance with the following
conditions:
1. Such owner or group or other persons interested shall enter into an
agreement with the city, whereby they will either authorize the city, or
themselves agree, to perform such work in accordance with such plans and
specifications approved by the agencies having jurisdiction thereover
and under their supervision.
2. All of such work shall be done for the account of or at the sole
cost and expense of the person or persons applying for permission to do
the same, who shall furnish to the city such security and in such amount
as may be required to secure the payment of such cost and expense or the
proper performance of the said work in the time and in the manner agreed
upon, and shall further secure the city, in the latter case, against
latent defects in such work for a period of two years.
3. Such improvement shall be approved by the city planning commission
and reviewed pursuant to sections one hundred ninety-seven-c and one
hundred ninety-seven-d.
4. Any agreement providing for the performance of such work and the
furnishing of such security, shall be first approved by the council
before the same shall become effective.
Section 221.
§ 221. Standards for capital projects. The mayor shall prepare general
standards and cost limits for categories of capital projects and
standards for the preparation of the scope of project for capital
projects of various types. Such standards and limits shall be submitted
by the mayor to the council for review. The proposed standards shall
become effective thirty days after they have been filed with the council
unless within that time the council modifies or disapproves them or part
of them, after conducting a public hearing. Any modification by the
council shall be subject to disapproval by the mayor in accordance with
section thirty-eight and any such disapproval shall be subject to
override by the council in accordance with such section.
Section 222.
§ 222. Scope of project. a. Each agency, with respect to a capital
project under its jurisdiction included in a capital budget, shall
prepare a proposed scope of project within appropriated planning funds.
In preparing the proposed scope of project, the agency shall consult
with the community board for the community district in which the capital
project is to be located. The proposed scope of project, or, in the case
of a delay, an explanation for such delay along with a revised schedule,
shall be submitted to the mayor and to the respective council committee,
borough president and community board by the date specified in the
adopted capital budget in which the capital project is included. Such
proposed scope shall identify all substantial differences between the
guidelines for the capital project as contained in such scope and the
description of the capital project contained in the report issued
pursuant to subdivision d of section two hundred nineteen at the time
such project was proposed in the executive budget or following the
budget adoption in which such project was added to the capital budget.
b. Not later than sixty days after receipt of the proposed scope of
project from an agency pursuant to subdivision a of this section, the
mayor shall approve, modify, or disapprove the proposed scope of project
and notify the agency, and the respective council committee, borough
president and community board. In the case of a scope approved by the
mayor with modifications, such notification shall include a copy of the
scope as approved.
c. During the review of the selection of a site of a capital project
pursuant to the uniform land use review procedure established by section
one hundred ninety-seven-c, the community board and borough president
shall also review, and may comment on, the scope of the project.
d. No scope of project shall be approved by the mayor unless (1) it
contains the information required by paragraph four of section two
hundred ten and it conforms to the applicable standards for the type of
project adopted pursuant to this chapter, and (2) funds are available
within the appropriate program category of the capital program that can
be reserved for each fiscal year required to complete the project.
Section 223.
§ 223. Design of capital project. The proposed design and final
design for a capital project shall be made available for review to the
respective council committee, borough president and the community board
for the community district in which the project is to be located. The
mayor or his representative shall review the final design to determine
its conformance with the approved scope of project pursuant to this
chapter.
Section 224.
§ 224. Works of art. a. As used in this section the term "works of
art" includes all forms of the visual and performing arts conceived in
any medium, material or combination thereof.
b. Works of art shall be provided for each capital project which
involves the construction or the substantial reconstruction of a
city-owned public building or structure the intended use of which
requires that it be accessible to the public generally or to members of
the public participating in, requiring or receiving programs, services
or benefits provided thereat. For the purposes of this section a police
precinct house and a firehouse shall be deemed to be such buildings.
c. An amount not less than one per cent of the first twenty million
dollars and one-half of one per cent of any amount in excess of twenty
million dollars of capital funds appropriated by the city for each such
capital project, other than funds appropriated for the acquisition of
real property, shall be allocated for works of art; provided, however,
that this section shall in no case require the expenditure of more than
four hundred thousand dollars for works of art for any capital project;
nor more than the sum of one and one-half million dollars for works of
art in any fiscal year. The mayor may exempt a capital project from the
provisions of this section if in his sole judgment the inclusion of
works of art as provided hereby would be inappropriate.
d. Reasonable advance notification of the intention to include works
of art in a project shall be provided to the appropriate council member,
borough president and chairperson of the community board of the
community district in which the project is located. All such works of
art shall be subject to the approval of the art commission pursuant to
section eight hundred fifty-four of this charter.
e. The mayor shall adopt rules and regulations to implement the
provisions of this section.
Section 224.1
§ 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
Section 224.2
§ 224.2 Required energy conservation projects in city buildings. a.
Definitions. For the purposes of this section, the terms "base building
systems", "city building", "energy audit", "energy efficiency report",
and "simple payback" shall have the same meanings as defined in section
28-308.1 of the administrative code.
b. No later than one year after the submission, in accordance with
article three hundred eight of chapter three of title twenty-eight of
the administrative code, of an energy efficiency report for a city
building, reasonable capital improvements to the building's base
building systems that are recommended in the building's energy audit
shall be completed, including, at a minimum, all those improvements of
the base building systems having a simple payback of not more than seven
years or capital improvements that, when combined, would equal or exceed
the overall reduction in energy consumption of such recommended capital
improvements having a simple payback of not more than seven years.
c. The mayor shall promulgate rules as may be necessary to carry out
the provisions of this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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