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Deadline Remains, but Penalties Apparently Deferred, for Compliance with New York Citys Energy Benchmarking Law

March 31, 2011

By David J. Freeman & Jesse Hiney

As noted in our March 17 issue of

, New York Citys Local Law 84 establishes a deadline of May 1, 2011 for owners of covered buildings to submit energy use data to U.S. EPAs Energy Star Portfolio Manager Benchmarking Tool. However, in response to a number of requests, the Mayors Office of Long Term Planning and Sustainability (OLTPS) has announced that for at least three months after May 1, 2011, it has every expectation that no penalty will be assessed for failure to meet this deadline.

The OLTPS announcement, obviously, falls short of an iron-clad guaranty of enforcement leniency. But it does go a long way to relieving the pressure on those building owners who are not able to meet the May 1 deadline.

We will continue to keep you posted on further developments with respect to implementation of Local Law 84. If you have any questions concerning these developing issues, please do not hesitate to contact any of the following Paul Hastings New York lawyers.

David J. Freeman
1.212.318.6555

Jesse Hiney
1.212.318.657

David J. Spielman
1.212.318.6491