NY A02415

Department of State must promulgate rules establishing benchmarking standards for "covered buildings" (buildings over 25,000 gross square feet in cities with populations under one million, or multiple buildings/condominiums totaling over 50,000 square feet).

Building owners must benchmark energy and water use annually by May 1st, starting May 1, 2023, using the EPA's benchmarking tool or a complementary interface designated by the Department of State.

Building owners must request energy use information from tenants with separately metered units by February 15th each year; tenant failure to report does not relieve the owner of benchmarking obligations.

Department of State must make benchmarking data publicly available on its website by September 1, 2023 (non-residential buildings) and September 1, 2024 (residential buildings), including energy utilization index, water use per square foot, and comparative ratings.

Building owners must maintain records for three years and failure to benchmark is unlawful; New York State Energy Research and Development Authority must recommend implementation guidelines by September 1, 2022.