New York City’s government is not on pace to comply with the city’s own climate law by the required deadline, officials concede.

Local Law 97, which takes effect on Jan. 1, limits how much planet-warming greenhouse gas buildings larger than 25,000 square feet can spew. The law mandates that city government operations reduce emissions further and faster than private properties: by 40% by fiscal year 2025 (that is, July 2024) and 50% by January 2030. The reductions are compared to 2006 baseline levels.

The city government has so far reduced its emissions about 25% below those baseline levels. But it still has 15% to go in less than a year — which will not happen, by officials’ own admissions.

“While city government is leading by example and outpacing the private sector, we are still facing considerable challenges and expect to fall short of our Local Law 97 reduction target for 2025,” said Beatrice Thuo, executive deputy commissioner for citywide operations at the Department of Citywide Administrative Services, during a City Council hearing last week.

Thuo did not give a specific estimate of when she expected the city to hit the mandate, but estimated “shortly after 2025.” A spokesperson for DCAS also declined to give an estimate.

The city of New York is the largest property owner across the five boroughs, with a portfolio of over 4,000 properties, including schools, museums, hospitals, zoos, libraries, firehouses and police stations. The government’s emissions reductions must come from those buildings, as well as transportation, waste facilities, the water supply and even street lights and traffic signals.

“New York City has been a leader in enacting ambitious climate laws, but implementation is just as important as lawmaking,” said Amy Turner, director of the Cities Climate Law Initiative at the Sabin Center for Climate Change Law at Columbia Law School.

City government is still on a faster timeline to slash emissions than the private sector. The city as a whole — including private property — has decreased its emissions about 17%. The aim is to get citywide emissions down 40% by 2030 and 80% by 2050.

An Inflection Point

The city government blew past a legally mandated emissions reductions deadline previously. A 2008 law required a 30% carbon reduction by 2017, but the city government missed it by 2.5%. Local Law 97 superseded those earlier requirements.

Thuo chalked up delay to the Covid-19 pandemic, which she said set back progress by about two years, as well as the city’s slow procurement and contracting process. Plus, she pointed out that the source of New York City’s electricity changed — and became dirtier — once gas-fired generators replaced the Indian Point Nuclear Facility after its 2019 closure. That meant higher greenhouse gas emissions associated with electricity usage.

Looking ahead, Thuo expects the city government to “not only meet, but surpass” the 2030 target of the 50% reduction in carbon emissions. That’s due to city projects in the pipeline and two transmission lines that will bring clean power to New York City from upstate New York and Canada.

“We are at an inflection point, positioned to make great strides over the next several years,” Thuo said.

To meet the goals, the city plans to decrease the size of its vehicle fleet, purchase electric vehicles and use renewable diesel for other on- and off-road equipment in an effort to cut transportation emissions and expand methane recovery from sewage treatment plants to be used for energy. The city is retrofitting buildings to become more energy efficient and participating in programs that lower energy use during hot days.

Plus, the Adams administration promised to electrify 100 school buildings by 2030. Schools account for most emissions in the city’s property portfolio. The $4 billion initiative has so far begun with construction in three schools, according to a spokesperson for the School Construction Authority.

Eli Dvorkin, policy director at the Center for an Urban Future, pointed out that the city will need to focus on CUNY buildings and its public libraries in particular.

“They face billions of dollars in unmet state of good repair needs, let alone the major new investments needed to help with accelerated electrification and emissions reduction efforts,” he said.

The City Council earlier this month also approved a slate of zoning changes known as City of Yes for Carbon Neutrality that officials say will make it easier to install green projects, like battery storage systems, solar panels and electric vehicle chargers.

Threatening future progress are the budget cuts that “could force us to do more with less,” Thuo said.

Double Standard

While private property owners not in compliance with Local Law 97 could face fines of $268 for every ton of carbon over the limit starting in 2024, the government is not subject to such penalties. 

Councilmember James Gennaro, chair of the Council committee on environmental protection, resiliency and waterfronts, suggested that was unfair.

“We’re left to kind of process how there’s one standard for government and there’s one standard for private building owners that have to comply, that don’t have the ability to just say, ‘Nah, we kind of can’t get it done on time, but it’s going to happen,’” Gennaro said.

Still, under Local Law 97 rules first proposed in September and finalized Monday, the Department of Buildings gives private property owners some flexibility and a two-year reprieve from fines.

“The city needs to play a leadership role in its own targets in order to have that credibility with private parties who are subject to the climate laws in the city,” Turner said. “On the other hand, the most recent rulemaking from the DOB allows property owners some extra time if they show good faith efforts.”