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Climate Change Legislation Tracker (Real Estate) (NY)

January 25, 2023 (5 min read)

By: The Practical Guidance Real Estate Team

This tracker provides an overview of New York climate change legislation that impacts real estate ownership and development. 

This document tracks legislation enacted at the state level and in New York City. This tracker provides direct links to source text, the dates enacted, and brief descriptions of the developments. Developments are organized in reverse chronological order.

Practical Guidance includes these Climate Change Legislation Trackers for additional jurisdictions:

New York State Legislation



Date Enacted


Utility Thermal Energy Network and Jobs Act

2021 Bill Text 
NY S.B. 9422 

July 5, 2022 

Purpose is to promote development of thermal energy networks in the state.

Amends (among other things) the Public Service Law and the Transportation Corporations Law to permit utility companies (i.e., gas and/or electric corporations) to generate, acquire, and supply thermal energy.

Requires the Public Service Commission “to authorize and direct utilities to immediately commence piloting thermal energy networks in each and every utility territory.” 2021 Bill Text NY S.B. 9422.

Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 2021 Bill Text 
NY S.B. 9405
 July 5, 2022 

Implements stricter efficiency standards for a variety of appliances including televisions and computers.

Updates the state’s Energy Conservation Construction Code to align with the state’s clean energy and climate agenda, including reduction of greenhouse gas and implementation of the CLCPA. When determining if a building code is cost effective, the Fire Prevention and Building Code Council shall take life-cycle energy savings into account.

2021 Bill Text NY  A.B. 5390 2021 Bill Text NY  A.B. 5390 Passed the New York State Legislature on May 23, 2022; awaiting governor’s signature

Directs the New York State Department of Environmental Conservation, in consultation with the Office of Parks, Recreation and Historic Preservation, to develop strategies and set goals in the state’s land acquisition plan to conserve 30% of state land by 2030. The agencies must prioritize conservation of land that would promote biodiversity, increase climate resiliency, preserve open space, and protect green space in urban areas.

Accelerated Renewable Energy Growth and Community
Benefit Act
2020 N.Y. Laws 58 April 3, 2020
(enacted as part of the New York State 2020–2021 budget)

Purpose is to facilitate siting and construction of large-scale renewable energy projects in New York.

Created the Office of Renewable Energy Siting (Siting Office) to serve as a centralized forum for reviewing proposed major renewable energy facilities and making siting decisions. The Siting Office will also establish uniform permit standards and conditions for large-scale renewable energy projects.

Environmental Justice Law, Article 48 N.Y. Envtl. Conserv. Law §§ 48-0101–48-0113 January 1, 2020

Amends the environmental conservation law to establish a permanent environmental justice advisory group and an environmental justice interagency coordinating council.

Climate Leadership and Community Protection Act (CLCPA) 2019 N.Y. SB 6599 July 18, 2019

Requires New York State to reduce economy-wide greenhouse gas emissions 40% by 2030 and no less than 85% by 2050 from 1990 levels.

Created the Climate Action Council (the Council) to develop a scoping plan of recommendations to meet emissions targets. The Council released its draft scoping plan (available here) on December 30, 2021.

Community Risk and Resiliency Act (CRRA) 2013 N.Y. SB 6617 September 22, 2014

Requires applicants for permits or funding in specified programs to demonstrate that future physical climate risk due to sea level rise, storm surge, and flooding have been considered in project design. Also requires that these factors be incorporated into certain facility-siting regulations. 

New York City Legislation



Date Enacted


Local Law 154

2021 NYC Local Law No. 154

December 22, 2021

Effectively bans gas hookups in new buildings. Sets forth emissions limits for new buildings and prohibits combustion of any substance that emits 25 kilograms or more of carbon dioxide per million BTUs of energy (subject to certain exceptions). Prohibits the approval of construction documents or issuance of permits for new buildings that fail to comply with the emissions limits.

Restrictions are phased in over six years based on property type. The phase-in timetable is as follows:

  • January 1, 2024: Buildings under seven stories
  • January 1, 2025: School Construction Authority buildings
  • January 1, 2026: Buildings under seven stories with at least 50% affordable housing units
  • July 2, 2027: Buildings with seven stories or more (other than affordable housing developments)
  • January 1, 2028: Buildings of seven stories or more with at least 50%affordable housing units
Climate Mobilization Act (CMA)

The Climate Mobilization Act, 2019

November 15, 2019

A legislative package aimed at reducing citywide greenhouse gas emissions by 40% by 2030 and 80% by 2050.

Includes Local Laws 92, 94, 96, and 97, detailed below.

Local Law 92 and Local Law 94

2019 NYC Local Law No. 92; 2019 NYC Local Law No. 94

November 15, 2019

Require sustainable roofing zone on all newly constructed buildings and all buildings undergoing major roof renovations, subject to exceptions (see below). Required for 100% of the roof area.

“Sustainable roofing zone” is defined as a solar photovoltaic electricity generating system, a green roof system, or both. Specific requirements are set forth in the law based on factors including area and slope of roof.

Effective immediately but include five-year discretionary phase-in for certain affordable housing developments and distressed buildings.

Exceptions include:

  • Areas required to be set aside for setbacks or access under building code and zoning laws
  • Areas occupied by rooftop structures and mechanical equipment
  • Areas occupied by stormwater management equipment
  • Terraces comprising less than 25% of the area of the largest floor plate in the building
  • Recreational spaces principal to the use of the building
  • Areas determined by Department of Buildings to be unfavorable to sustainable roofing zone
Local Law 96

2019 NYC Local Law No. 96

November 15, 2019

Establishes Property Assessed Clean Energy (PACE) financing program for commercial properties.

Low-cost loan available to finance installation of renewable energy systems and energy efficiency improvements.

Loan constitutes a lien on the real property and is repaid through a charge on the property’s municipal tax bill.

Local Law 97

2019 NYC Local Law No. 97

November 15, 2019

Most buildings over 25,000 square feet must meet specified carbon emissions limits starting in 2024. More stringent emissions limits take effect in 2030. Also imposes energy efficiency standards.

Applies to the following:

  • Buildings that exceed 25,000 gross square feet
  • Two or more buildings on the same tax lot that together exceed 50,000 gross square feet
  • Two or more buildings held in condominium form and governed by the same board of managers that together exceed 50,000 gross square feet

Building owners must submit annual report certified by registered design professional demonstrating compliance (or noncompliance) with emissions limit for the previous year.

Exceptions/alternate compliance options available for certain property types including affordable housing, houses of worship, and hospitals.

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RESEARCH PATH: Real Estate > Commercial Purchase and Sales > Practice Notes