Building Performance Standards (BPS) are laws that cap a building’s greenhouse-gas emissions and tighten the cap over time, with penalties for exceeding it. The flagship is New York City’s Local Law 97 (LL97) of 2019; this article summarizes how it works and the role of heat recovery in compliance.
NYC Local Law 97 — Scope and Caps
LL97 covers most buildings over 25,000 ft² (or groups on one tax lot over 50,000 ft²). Emissions limits are set per occupancy class in kg CO2e per ft² per year, with a stricter second period:
| Occupancy | 2024–2029 cap | 2030–2034 cap |
|---|---|---|
| Business (B) | 0.00846 | 0.00453 |
| Multifamily (R-2) | 0.00675 | 0.00407 |
| Mercantile (M) | 0.01181 | 0.00403 |
| Assembly (A) | 0.01079 | 0.00420 |
| Storage (S) | 0.00403 | 0.00110 |
The penalty for exceeding the cap is $268 per metric ton CO2e per year, with no cap on the fine. Citywide goals are 40% below 2005 by 2030 and 80% by 2050.
Other Jurisdictions
- Washington DC BEPS — building performance standards with compliance deadlines by type.
- Boston BERDO 2.0 — emissions caps with a 2050 net-zero target and a carbon-credit trading option.
- Denver and several states have adopted or proposed BPS frameworks.
- EU — the EPBD drives the supply side via ZEB; national renovation mandates add performance floors.
Where Heat Recovery Helps
Ventilation and heating dominate most building emissions. Cutting the ventilation load with a membrane ERV or wheel, then electrifying the remainder with heat pumps, is a primary LL97 compliance lever — directly supporting the decarbonization sequence. Track savings with the metering discipline in carbon accounting for HVAC so the emissions math holds up to audit.
Frequently Asked Questions
What buildings does NYC Local Law 97 cover?
LL97 covers most New York City buildings larger than 25,000 square feet, or groups of buildings on a single tax lot above 50,000 square feet, with emissions caps set per occupancy class.
What is the penalty for exceeding a Building Performance Standards cap?
Under LL97 the penalty is 268 US dollars per metric ton of CO2e exceeded per year, and other BPS frameworks impose similar financial penalties for missing their limits.
How does heat recovery help with Building Performance Standards compliance?
Recovery cuts the ventilation heating and cooling load, shrinking the energy and emissions that count against the cap and making electrified heat-pump strategies easier to reconcile with the limit.
Which other jurisdictions have Building Performance Standards?
Washington DC, Boston under BERDO 2.0, Denver, and several US states have adopted or proposed BPS frameworks, while the EU advances performance through the EPBD.