Livable Cities - London AMPS | City, University of London Page 122 Performative vs. prescriptive Relevant policies use prescriptive and performance methods. While generally heterogeneous, building energy codes tend to have both.11 Prescriptive regulations dictate actions to be taken to improve performance, while performance-based regulation (PBR) sets a goal without specifying methods.12 A resulting key benefit of PBR is greater flexibility on the part of regulated entities, i.e.: PBR creates incentives influencing but not enforcing decision-making.13 While PBRs do not inherently induce innovation—the technology and capabilities for change must already be present—PBR does facilitate greater innovation on the part of firms thanks to regulatory flexibility.14 However, enforcement of accountability is potentially subject to bias in PBR, as it selects metrics easier to observe, thus either rendering enforcement biased or increasing the costs of observing the target variable.15 In contrast, prescriptive regulation leads to regulation that is easy to enact but with worse results.16 Nonetheless, the flexibility of PBR can lead to uncertainty or higher costs among firms that are uncomfortable or ill prepared for the methodological ambiguity of PBR.17 Role of educational institutions in supporting decarbonization efforts The substantial GHG reductions required by LL97 present a significant opportunity for specialists to assist buildings in meeting their emissions goals. Compliance pathways under LL97 include the creation of energy storage systems for peak demand periods, building electrification, enhanced roof and pipe insulation, development of on-site solar power, renovation of building façades to Passive House standards, upgrades to ENERGY STAR® appliances, and the installation of LED lighting with controls. The Mayor's Office of New York City estimates that full compliance could generate 140,000 new jobs.18 To meet NYC's GHG standards, educational institutions must equip students with both existing and emerging skills. Key areas include environmental and mechanical systems, façade design, and renovation expertise. Given that LL97 is a PBR with no prescribed approach, a broader range of knowledge and skills is necessary to achieve compliance. Many of these pathways require specialized, customized strategies, which alone may not suffice. Therefore, new research is essential to discover additional methods for efficiently reducing building GHG emissions. This integration of research with practical implementation offers research institutions a unique opportunity to develop techniques and provide hands-on experience. LOCAL LAW 97: OBJECTIVES AND IMPLEMENTATION LL97 is a landmark piece of legislation passed by the New York City Council in 2019 as part of the city’s broader Climate Mobilization Act.19 The law represents one of the most ambitious efforts in the United States to reduce greenhouse gas (GHG) emissions from buildings, which are the largest single source of emissions in the city, accounting for nearly 80% of its total emissions.20 The primary objective of LL97 is to reduce citywide GHG emissions by 40% by 2030 and 80% by 2050, relative to 2005 levels.21 These targets are aligned with the broader goals of the Paris Agreement, aiming to limit global warming to well below 2 degrees Celsius. LL97 targets large buildings over 25,000 square feet, which includes approximately 50,000 buildings across New York City.22 The law sets specific GHG emissions intensity limits, expressed in kilograms of CO2 equivalent per square foot, which buildings must not exceed. These limits are progressively tightened over time, with initial caps beginning in 2024, becoming more stringent by 2030, and continuing through subsequent compliance periods. Renewable Energy Credits (RECs) allow the trade of RECs purchased from excess renewable energy for GHG limits. With recent large renewable energy projects such as the Clean Path NY project and the Champlain Hudson Power Express project there will be an overabundance of RECs which could dilute the effectiveness of LL97.23
