Office of Long-Term Planning and Sustainability

NYC Admin. Code tit. 3, ch. 1, subch. 2

in effect

NYC Admin. Code § 3-120 Annual city food system metrics report.

§ 3-120 Annual city food system metrics report. a. No later than September first, two thousand twelve, and no later than every September first thereafter, the office of long-term planning and sustainability shall prepare and submit to the mayor and the speaker of the city council a report regarding the production, processing, distribution and consumption of food in and for the city of New York during the previous fiscal year. Such report shall include: 1. the number, size in acres, county and type of production of, and annual dollar amount of city financial support received by, farms participating in the watershed agricultural program; 2. the total dollar amount of expenditures by the department of education on milk and other food products that are subject to the United States department of agriculture country of origin labeling requirements, disaggregated and sorted by the product and country of origin in which the essential components of such food products were grown, agriculturally produced and harvested, to the extent such information is reported to the department of education. For any such product where there are multiple countries of origin, the total dollar amount of expenditures, disaggregated by product, shall be separately listed, to the extent such information is reported to the department of education. If the country of origin of milk or fresh whole produce is the United States, for the report due no later than September first, two thousand thirteen, and in every report thereafter, and to the extent such information is reported to the department of education, such report shall include the total dollar amount of expenditures on such milk or fresh whole produce that is local or regional. For purposes of this paragraph, milk or fresh whole produce shall be considered "local" if grown, agriculturally produced and harvested within New York state, and shall be considered "regional" if such food products were grown, agriculturally produced and harvested within the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia or West Virginia; 3. the location, sorted by community board and size in square feet, of each community garden located on city-owned property that is registered with and licensed by the department of parks and recreation, and whether each such garden engages in food production; 4. the number of food manufacturers receiving monetary benefits from the economic development corporation or industrial development agency and the annual dollar amount of such benefits per food manufacturer. For purposes of this paragraph, "food manufacturer" shall mean any natural person, partnership, corporation or other association that processes or fabricates food products from raw materials for commercial purposes, provided that it shall not include any establishment engaged solely in the warehousing, distribution or retail sale of products; 5. the daily number of truck and rail trips to or through Hunts Point Market for the purpose of delivering food to Hunts Point Market, to the extent such information is available. For purposes of this paragraph, "Hunts Point Market" shall mean the food distribution center located in Hunts Point in the borough of the Bronx, and shall include the meat, fish and produce markets operating at such location; 6. for the report due no later than September first, two thousand thirteen, and in every fifth report thereafter, the amount of grocery store space per capita, sorted by community board, and the number of grocery stores that opened during the past five calendar years, sorted by community board, to the extent such information is available. The office of long-term planning and sustainability shall request such information, as necessary, from the New York state department of agriculture and markets; 7. the number, community board, and number of employees, of grocery stores receiving financial benefits under the food retail expansion to support health program; 8. the number of establishments participating in the healthy bodega initiative administered by the department of health and mental hygiene, sorted by borough; 9. the number of job training programs administered by the department of small businesses services or the workforce investment board to aid individuals seeking work in food manufacturing, food supply, food service or related industries, sorted by borough; 10. the total number of meals served by city agencies or their contractors, including but not limited to meals served in public schools, hospitals, senior centers, correctional facilities, and homeless shelters, and not including food sold in vending machines or by a concessionaire, sorted by agency; 11. for each required city agency food standard developed pursuant to executive order number one hundred twenty-two, dated September nineteenth, two thousand eight, the total number of programs or other relevant entities that purchase, prepare or serve meals, not including food sold in vending machines or by a concessionaire, that are in full compliance with each such standard and the total number that are not in full compliance with each such standard, sorted by agency; 12. the number of and amount of annual revenue earned from vending machines located in facilities operated by the department of education; 13. the number of persons sixty-five years or older receiving benefits through the supplemental nutritional assistance program ("SNAP") administered by the United States department of agriculture; 14. the number and description of, and dollar amount spent by, the human resources administration on SNAP outreach programs; 15. the number and description of, and dollar amount spent on, nutrition education programs administered by the human resources administration and department of health and mental hygiene; 16. the number of salad bars in public schools and in hospitals operated by the health and hospitals corporation, respectively, sorted by borough; 17. the total amount expended by the department of citywide administrative services to purchase water other than tap water; 18. information concerning the green cart initiative administered by the department of health and mental hygiene, including the number of applications for permits, the number of permits issued, the number of persons on the waiting list, the number of violations issued to green carts, the location of such carts when such violations were issued and, to the extent such information is available, the number of permit holders who accept electronic benefit transfer, sorted by borough; 19. the number of vendors at greenmarkets, farmers' markets and similar markets operated by the council on the environment of New York city or any successor entity, and the average number of vendors at such markets, sorted by borough; 20. for the report due no later than September first, two thousand fourteen, and in every report thereafter, contents of the report on food security as required by subdivision j of section 20 of the charter; 21. the number of individuals eligible to receive benefits through the SNAP program who are not enrolled in such program, disaggregated by borough and by age brackets determined by the department of social services/human resources administration; 22. the retailers that are authorized to accept and redeem benefits through the SNAP program, based on publicly available data reported by the United States department of agriculture; 23. data relating to the population in each borough experiencing food insecurity, as determined based on the most recent available United States census data; and 24. measures of dietary consumption and long-term diet-related health outcomes, as well as trends in these measures among socioeconomic and racial groups, to the extent that the mayor or an agency designated by the mayor determines such data to be available and practicable to report. a-1. The report required by subdivision a of this section shall: 1. include any other measures selected by the department of health and mental hygiene relating to nutrition; and 2. express all data in absolute numbers and as a percentage of the relevant population, where available. b. Each annual report prepared pursuant to subdivision a of this section shall be made available to the public at no charge on a website maintained by or on behalf of the city of New York. c. Definition. For the purposes of this section, the term "SNAP program" means the supplemental nutrition assistance program established pursuant to chapter 51 of title 7 of the United States code. (Am. L.L. 2021/059, 5/23/2021, eff. 11/19/2021)

NYC Admin. Code § 3-121 (subch. 2) Clean waterfront plan.

§ 3-121 Clean waterfront plan.* * Editor's note: there are two sections designated as § 3-121. a. For purposes of this section, the following terms shall have the following meanings: 1. "Director" shall mean the director of long-term planning and sustainability; 2. "Office" shall mean the office of long-term planning and sustainability; and 3. "Waterfront dumping" shall mean any violation of subdivision a of section 16-119 of this code that occurs in or upon any wharf, pier, dock, bulkhead, slip or waterway or other area, whether publicly or privately owned, that is adjacent to any wharf, pier, dock, bulkhead, slip or waterway, and any violation of section 22-112 of this code. b. The director, in conjunction with the commissioner of environmental protection, the commissioner of sanitation, the commissioner of small business services and, where necessary and practicable, the police commissioner, and the heads of such other agencies as the mayor may designate, shall prepare a clean waterfront plan to prevent waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads. The plan shall include, but need not be limited to, the following: 1. a determination as to whether the promulgation of rules is necessary to implement the clean waterfront plan and a description of the nature of those rules, if any; 2. the creation of an accessible and centralized source of information consisting of laws, rules and regulations that relate to the clean waterfront plan; 3. a protocol to coordinate with federal, state, and multi-state agencies and authorities that have jurisdiction over the port of New York and waterways in the city of New York in relation to promoting a clean waterfront; 4. a protocol to coordinate the enforcement of all applicable laws, rules and regulations that relate to the clean waterfront plan and the promotion of a clean waterfront by the office, the department of environmental protection, the department of sanitation, the department of small business services and, where necessary and practicable, the police department, and such other agencies as the mayor may designate, that would include, but need not be limited to, a survey to identify sites where waterfront dumping occurs or is likely to occur, periodic inspections of waterfront properties, and the posting of signs to discourage waterfront dumping, littering and the abandonment of vehicles, vessels and crafts on waterfront property; and 5. a public education and outreach program to increase awareness about the clean waterfront plan. c. The director shall submit the clean waterfront plan to the mayor and the speaker of the city council on or before January 1, 2013 and shall post such plan on the city website. d. 1. The director shall submit a report to the mayor and the speaker of the city council on or before April 1, 2014 and on or before April 1 of every other year thereafter, which shall include, but need not be limited to, the following information for the immediately preceding two calendar years: (i) the number of complaints received by the city concerning conduct that constitutes waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads; (ii) the number of summonses and notices of violation, respectively, issued by each agency for violations of any law, rule or regulation relating to waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads; (iii) the total amount of civil penalties imposed for such notices of violation by the environmental control board; (iv) any changes made to the clean waterfront plan; (v) a summary of any rules promulgated to implement the clean waterfront plan; and (vi) recommendations for appropriate legislation and improved enforcement with respect to the clean waterfront plan. 2. In the report issued on or before April 1, 2018 the director shall make a recommendation on the necessity of future reports issued pursuant to this subdivision. e. Three months prior to the submission of the plan or a report as required by subdivisions c and d of this section, respectively, the director shall make a draft of such plan or report available to the public for a sixty-day comment period. All comments received during such period shall be included as an appendix to the plan or report. The director shall provide notice of such opportunity to comment to any property owners and/or tenant organizations, manufacturing and commercial trade groups, community-based organizations, environmental advocacy organizations and members of the general public that have formally requested to be notified of such opportunity or other individuals or organizations that the director deems appropriate.

NYC Admin. Code § 3-122 New York city panel on climate change.

§ 3-122 New York city panel on climate change. a. Definitions. For the purposes of this section, the following terms have the following meanings: Critical infrastructure. The term “critical infrastructure” means systems and assets, including telecommunication infrastructure, with the exception of residential and commercial buildings, that support vital city activities and for which the diminished functioning or destruction of such systems and assets would have a debilitating impact on public safety or economic security. Natural systems. The term “natural systems” means ecosystems and assets that provide ecologic benefits, including but not limited to waterbodies, trees, wetlands, and parks. Public health. The term “public health” means impacts on physical health, mental health, and social well-being, and public or private services that treat and prevent disease, prolong life, and promote health. Vulnerable populations. The term “vulnerable populations” means persons or communities at increased risk of harm as a direct or indirect consequence of climate change based on one or more of the following risk factors: (i) proximity to disproportionally impacted areas; (ii) age, including senior citizen or minor status; (iii) income level; (iv) disability; (v) chronic or mental illness; and (vi) language. b. There shall be a New York city panel on climate change whose members shall include, but not be limited to, climate change and climate impact scientists who shall be appointed by, and serve at the pleasure of, the mayor. c. 1. The panel shall meet at least twice a year for the purpose of (i) reviewing the most recent scientific data related to climate change and its potential impacts on the city's communities, vulnerable populations, public health, natural systems, critical infrastructure, buildings, and economy; and (ii) advising the office of long-term planning and sustainability. 2. The panel shall make recommendations regarding (i) the near-, intermediate-, and long-term quantitative and qualitative climate change projections for the city of New York within 1 year of the release of an assessment report by the intergovernmental panel on climate change, but not less than once every 7 years; and (ii) a framework for stakeholders to incorporate climate change projections into their planning processes. 3. Within 3 years after making recommendations pursuant to paragraph 2 of this subdivision, the panel shall submit to the mayor and the speaker of the council, and make publicly available online, a report concerning climate change issues, such as the abatement of greenhouse gas emissions, climate resiliency, and environmental health and conservation. d. The panel shall advise the office of long-term planning and sustainability on the development of a community- or borough-level communications strategy intended to ensure that the public is informed about the findings of the panel, including the creation of a summary of the climate change projections for dissemination to city residents. (Am. L.L. 2025/149, 10/25/2025, eff. 10/25/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/042.

NYC Admin. Code § 3-123 New York city climate change adaptation task force. [Repealed] (Am. L.L. 2015/072, 8/10/2015, eff. 8/10/2015; repealed L.L. 2025/149, 10/25/2025, eff. 10/25/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/042.

NYC Admin. Code § 3-124 Study and report on the effects of wind on certain buildings.

§ 3-124 Study and report on the effects of wind on certain buildings. a. The office of long-term planning and sustainability in consultation with the department of buildings shall undertake a study and submit a report to the mayor and the speaker of the city council, on the effects of wind on existing buildings, including existing buildings that are raised, and buildings that are under construction in the city of New York. Such report and accompanying recommendations shall be provided no later than two years from the effective date of the local law that added this section and shall include the following: 1. An analysis to determine the types of existing buildings that are at risk of causing falling debris, based on the age, construction classification, construction methods and materials, height, and occupancy use of such buildings; 2. An analysis of the effects of wind on existing buildings that are raised, lifted, elevated or moved in order to comply with Appendix G of the New York city building code or to address flood hazard concerns; 3. An analysis of the effects of wind on buildings that are under construction, including the effects of wind on buildings with incomplete facade assemblies, temporary installations used in construction, and construction materials that are stored on construction sites; 4. An analysis of forecasts related to potential changes in the frequency, intensity, and path of future storm events along with consideration of whether climate change may impact wind speeds; and 5. An examination of the benefits of installing and maintaining weather stations across the city, including on high-rise buildings, to better understand localized wind patterns. b. The report shall include recommendations on paragraphs one through five of subdivision a of this section as well as recommendations on whether the applicable wind loads under the city's building code should be revised; whether standard wind plans for sites in various stages of construction are needed, including plans regarding equipment and temporary structures such as cranes, derricks, scaffolds, concrete formwork and sidewalk bridges; how equipment and temporary structures such as cranes, derricks, scaffolds, concrete formwork and sidewalk bridges should be designed and secured in light of wind effects; whether changes to the building code or department of buildings rules related to facade work filing and inspection exemptions or safety inspection requirements are necessary and what wind load requirements should be applied to existing buildings.

NYC Admin. Code § 3-125 Geothermal systems.

§ 3-125 Geothermal systems. a. As used in this section: Criteria air pollutant. The term "criteria air pollutant" means a pollutant for which the United States environmental protection agency has set national ambient air quality standards pursuant to 40 CFR part 50. Geothermal system. The term "geothermal system" means a geothermal system as defined in section one of local law number 32 for the year 2013. Peak demand reduction. The term "peak demand reduction" means a reduced demand for electricity that occurs between 2 p.m. and 6 p.m., Monday through Friday from June 1 through September 30. b. No later than February 1, 2017, an office or agency designated by the mayor shall, in consultation with the department of buildings, the department of design and construction and other relevant agencies, develop and make publicly available online a screening tool that can be used to determine whether installation of a geothermal system may be cost-effective for a property. c. Such screening tool shall be used in the planning process for the new construction of a city-owned building and the retrofitting of an existing city-owned building's heating and cooling system where the planning process commences on or after February 1, 2017. d. 1. Where the use of such screening tool required pursuant to subdivision c of this section indicates that installation of a geothermal system may be cost-effective, an engineering and multi-criteria analysis of the use of a geothermal system, including, where appropriate, an analysis of the option of utilizing a photovoltaic system coupled with a geothermal system, shall be conducted. As part of such engineering and multi-criteria analysis, at a minimum, the following criteria shall be used to evaluate geothermal systems and compare such systems with other heating/cooling alternatives: (a) Comparison of greenhouse gas emissions as a result of fuel and electricity consumption; (b) Comparison of impacts on criteria air pollutant concentrations; (c) Comparison of annual electricity consumption and impacts on peak demand reduction; (d) Where applicable, comparison of a potential revenue stream generated from the peak demand reduction using a dollar metric; (e) Comparison of fuel and power costs; and (f) Comparison of the net present value of all alternatives considered, where such net present value shall: (1) Be based on a 20-year life expectancy for each proposed option, unless a particular technology has a different life expectancy as documented by the manufacturer; and (2) Include capital costs, operations and maintenance, fuel costs, available federal, state and other non-city governmental funding assistance, and the social cost of carbon value as provided in paragraph 3 or pursuant to paragraph 4; provided that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4 if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4. 2. If the geothermal system has the highest net present value of all alternatives considered it shall be selected for implementation. 3. The social cost of carbon value shall be as follows: Year Dollar value per metric ton of carbon dioxide equivalent 2017 128 2018 132 2019 136 2020 140 2021 142 4. An office or agency designated by the mayor may by rule increase the social cost of carbon values provided in paragraph 3, and may promulgate rules establishing the social cost of carbon values for years after 2021, provided that any social cost of carbon value established by rule for years after 2021 may not be less than the social cost of carbon value for the year 2021 as provided in paragraph 3 and that any such rule shall disclose the social cost of carbon value, if any, determined by the United States environmental protection agency, for the year for which such rule establishes a social cost of carbon value. e. By no later than six months after the end of each fiscal year, an office or agency designated by the mayor shall submit to the speaker of the council and make publicly available online a report containing the following information for each project described in subdivision c of this section that is completed during such fiscal year: 1. A brief description of such project; 2. The street address of such project and the community district and council district in which such project is located; 3. Whether installation of a geothermal system for such project was determined to be cost-effective based on the use of the screening tool described in subdivision b of this section; 4. Whether installation of a geothermal system was selected for the project based on the detailed engineering and multi-criteria analysis pursuant to subdivision d of this section; and 5. Whether a geothermal system was installed for such project and, if not, the type of system installed. f. No later than 18 months after the effective date of the local law that added this subdivision, an office or agency designated by the mayor shall, in consultation with the relevant agencies, develop and submit to the mayor and the speaker of the council recommendations relating to: 1. Standards for the installation and maintenance of geothermal systems, including standards relating to assessing subsurface conditions and the design, commissioning, distribution and performance monitoring of such systems; 2. Required qualifications for persons who will design or install such systems; 3. Maintaining a publicly available registry of such persons; 4. Informing property owners and installers of geothermal systems regarding the potential benefits of coupling a photovoltaic system installation with a geothermal system for buildings within the city; and 5. The technical and regulatory feasibility of implementing a geothermal system for waterfront properties within the city by suspending closed loop coils or other heat exchange devices in the marine surface waters around the city. (L.L. 2016/006, 1/5/2016, eff. 1/5/2016; Am. L.L. 2023/051, 4/16/2023, eff. 4/16/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/051.

NYC Admin. Code § 3-125.1 Geothermal exchange system demonstration program.

§ 3-125.1 Geothermal exchange system demonstration program. a. Definitions. For purposes of this section, the following terms have the following meanings: Administering agency. The term "administering agency" means the office or agency designated by the mayor, pursuant to subdivision c of this section, to implement and administer the provisions of this section. Building. The term "building" has the same meaning as provided in section 28-101.5. Director. The term "director" means the director of the mayor's office of long-term planning and sustainability. Environmental justice. The term "environmental justice" has the same meaning as provided in section 3-1001. Geothermal exchange service. The term "geothermal exchange service" means the provision of thermal energy from, or rejection of thermal energy to, a geothermal exchange system. Geothermal exchange system. The term "geothermal exchange system" means a system owned by the city that is used to exchange heat between the earth and two or more buildings for the purpose of providing heating, cooling or hot water to two or more buildings. The term "geothermal exchange system" may also include a waste heat system. Government building. The term "government building" means a building at which the benefits of a geothermal exchange system created pursuant to this section would accrue to the city of New York; or to the state of New York, a public authority, a public benefit corporation, or the federal government, provided that such entity has entered into an agreement or contract for the provision of geothermal energy service at such building pursuant to section 20-e of the general city law, section 99-r of the general municipal law or any other applicable law, through which such agreement or contract is hereby authorized. Government site. The term "government site" means a site owned or controlled by the city of New York, the state of New York, the federal government, a public authority or a public benefit corporation. Waste heat system. The term "waste heat system" means a system owned by the city that captures or rejects, and reuses, heat produced from sources including, but not limited to commercial or industrial processes, including transportation systems, data centers and wastewater treatment systems. b. Identification and selection of sites for geothermal exchange systems. 1. The director shall undertake a study of government sites for the potential development of geothermal exchange systems to serve government buildings. Such study shall include identification and evaluation of potential government sites for development of a geothermal exchange system as part of a demonstration program. In evaluating each such potential site, the director shall consider, without limitation: (a) The heating and cooling systems of government buildings at and near to the potential site; (b) The site's geologic and hydrologic profile; (c) The availability, suitability and accessibility of land at or within a suitable distance of the potential site for construction of any wells necessary to exchange geothermal energy; (d) Whether the city has the right to develop a geothermal exchange system at the potential site, and if not, the cost of obtaining such right; (e) The feasibility of government buildings at or near to the potential site participating in the demonstration program and receiving geothermal exchange service from a geothermal exchange system created pursuant to this section; (f) The heating and cooling energy load profiles, over the course of a year, of the government buildings at or near the potential site; (g) The size of the potential site and the potential capacity of a geothermal exchange system created pursuant to this section at such site, as related to the estimated demand for geothermal exchange service from the government buildings potentially receiving such service from such system; (h) The projected utility cost savings for government buildings that receive geothermal exchange service from a geothermal exchange system created pursuant to this section; (i) The capacity of the potential site to accommodate expansion of a geothermal exchange system created pursuant to this section to serve additional buildings; (j) The extent to which a geothermal exchange system developed pursuant to this section at the potential site would reduce the demand for natural gas and natural gas infrastructure; (k) The projected greenhouse gas emissions savings and reductions in other harmful air emissions; (l) Considerations to advance environmental justice; (m) The projected costs to build, operate and maintain a geothermal exchange system created pursuant to this section at the potential site; (n) Whether a geothermal exchange system developed pursuant to this section at the potential site would disrupt existing subterranean systems; and (o) Other possible costs or benefits of selecting the potential site for development of a geothermal exchange system pursuant to this section. 2. The director, in consultation with the head of the administering agency, and in compliance with sections 197-c and 197-d of the charter, if applicable, shall select a maximum of 10 sites evaluated in the study conducted pursuant to paragraph 1 of this subdivision that are indicated for the development of one or more geothermal exchange systems for a demonstration program. The selection shall be based on the study's determination of the site or sites, if any, presenting the greatest potential benefits. If a selected site proves unsuitable for the demonstration program, the director, in consultation with the head of the administering agency, may select in its place an alternative site in the manner described in this paragraph. c. During or after the study undertaken pursuant to subdivision b of this section, the mayor shall designate an office or agency to implement and administer the demonstration program and other provisions of this section, in consultation with the director. Such designation shall be made in writing and shall be posted on the administering agency's website. d. Reporting. On or before March 1, 2023, and on or before March 1 every two years thereafter until March 1, 2033, the director, in consultation with the head of the administering agency, shall provide to the mayor and speaker of the council a detailed report containing an assessment of the demonstration program, discussion of performance and impacts of any geothermal exchange system created pursuant to this section and information on feedback regarding the provision of geothermal exchange service pursuant to this section. Such assessment shall include, but need not be limited to: 1. Recommendations for improving the demonstration program, including the identification of any beneficial new technology for geothermal exchange systems; 2. Recommendations regarding whether to maintain, expand or discontinue the demonstration program; 3. The costs incurred, and savings realized, in the prior two fiscal years by the city in implementing geothermal exchange systems pursuant to this section, and the costs and savings anticipated to be incurred or realized by the city in the subsequent two fiscal years; 4. The greenhouse gas emissions reductions and impacts on energy usage in the prior two fiscal years related to the operation of geothermal exchange systems pursuant to this section, and the expected emissions reductions and impacts on energy usage in the subsequent two fiscal years; 5. Recommendations regarding whether the demonstration program should continue to be administered by the administering agency or be administered by another agency; and 6. Recommendations regarding whether the demonstration program should be made permanent, and if so, a detailed proposal for doing so, including recommendations for any legislation required to implement such proposal. e. Potential expansion to private customers. If the director, in consultation with the administering agency, determines that expanding the demonstration program described in this section to serve private customers is feasible and practicable, the director shall provide to the mayor and speaker of the council a detailed proposal for doing so, including recommendations for any legislation required to implement such proposal. (L.L. 2022/002, 1/9/2022, eff. 7/8/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/002.

NYC Admin. Code § 3-126 New York city energy policy. [Repealed] 7/248, 12/17/2017, eff. 12/17/2017; Am. L.L. 2019/099, 5/19/2019, eff. 5/19/2019; Am. L.L. 2021/017, 2/25/2021, eff. 2/25/2021; repealed L.L. 2025/149, 10/25/2025, eff. 10/25/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/248.

NYC Admin. Code § 3-127 Map of areas most vulnerable to flooding; mitigation plan.

§ 3-127 Map of areas most vulnerable to flooding; mitigation plan. a. In 2020 and no later than April 22, 2023 and no later than every four years after April 22, 2023, an office or agency designated by the mayor, with the cooperation of all relevant agencies, shall develop and make publicly available on its website: 1. A map of areas in the city most vulnerable to increased flooding due to the anticipated effects of climate change, including but not limited to increased precipitation, coastal storms and sea level rise; and 2. A long-term plan for preventing or mitigating such increased flooding, and the effects thereof, in such areas. b. Such office shall seek the cooperation of relevant federal and state agencies and other public or private persons as such office deems appropriate in developing such map and plan. (L.L. 2018/172, 10/27/2018, eff. 10/27/2018)

NYC Admin. Code § 3-128 Efficiency and efficacy study of existing geothermal systems.

§ 3-128 Efficiency and efficacy study of existing geothermal systems. a. For purposes of this section, the term "geothermal system" means a system used to exchange geothermal energy between the earth and one or more buildings to provide heating or cooling. b. An office or agency designated by the mayor shall conduct an efficiency and efficacy study of existing geothermal systems in city buildings. c. In order to complete such study, remote monitoring sensors and data loggers shall be installed in five or more city buildings with existing geothermal systems for the purpose of collecting data from any such system for a period of not less than 12 months. d. No later than two years after the installation of such remote monitoring sensors and data loggers, the office or agency designated by the mayor to conduct such study shall, prepare and electronically submit a report to the mayor and the speaker of the council, and make such report publicly available online. e. The report required by subdivision d of this section shall include, but need not be limited to, the following: 1. the cost of installing any such geothermal system; 2. any problems encountered in installing any such system and solutions developed to address such problems and any costs or savings associated with such solutions; 3. the cost of operating any such system, including energy consumption, maintenance, and other expenditures; 4. any problems encountered in operating any such system and solutions developed to address such problems; 5. an energy modeling analysis of the performance of any such system; 6. comparisons of such performance to the performance of conventional heating and cooling systems located in comparable city buildings; and 7. recommendations for continuing or expanding the use of geothermal systems. (L.L. 2018/178, 10/27/2018, eff. 10/27/2018)

NYC Admin. Code § 3-129 Study of beneficial reuse of dewatering discharge from the aquifers in Queens county.

§ 3-129 Study of beneficial reuse of dewatering discharge from the aquifers in Queens county. a. An office or agency designated by the mayor shall conduct a feasibility study concerning the beneficial reuse of discharge waters as a result of continuous dewatering operations in southeastern Queens County. The results of such study shall be submitted to the mayor and the speaker of the council no later than two years after its commencement. b. Such study shall include, but need not be limited to, the following; 1. An investigation of the flow, temperature, quality, consistency and reliability of discharge waters and recommended measures for beneficial reuse including, but not limited to, landscaping, grey water systems, and the extraction or deposition of heat energy from or to such waters for the purposes of heating and/or cooling buildings; 2. An investigation of alternatives to dewatering; 3. An evaluation of existing buildings that are owned or operated by the city or receive financial assistance from the city that have demonstrated continuous groundwater infiltration to basements and cellars for the purpose of determining the feasibility of dewatering and subsequently reusing discharge waters in an open loop heat pump system for heating and cooling such buildings; 4. An evaluation of existing groundwater conditions at each such building site to identify adverse groundwater quality and hydrogeological conditions, if any; 5. An analysis of the environmental impacts and permitting requirements related to the discharge of groundwater, specifically groundwater that has been heated or cooled and discharged to a surface water body or other surface structures; 6. An evaluation of possible impacts of potential sea level rise in southeastern Queens County on geothermal systems; and 7. If such beneficial reuse is not feasible, identification of impediments to such beneficial reuse, whether such impediments may be addressed by the city and, if so, any plans to address to such impediments. (L.L. 2018/178, 10/27/2018, eff. 10/27/2018)

NYC Admin. Code § 3-130 Pilot program to provide heating and/or cooling or other beneficial reuse of discharge waters from dewatering operations in southeastern Queens county.

§ 3-130 Pilot program to provide heating and/or cooling or other beneficial reuse of discharge waters from dewatering operations in southeastern Queens county. a. If the office or agency designated by the mayor to conduct the study required pursuant to section 3-129 determines, based on such study, that it may be feasible to use discharge waters from existing basements, cellars and other dewatering pumping operations in southeastern Queens County in connection with a heat pump system to provide heating and/or cooling to one or more buildings that are owned or operated by the city or receive financial assistance from the city, then such office or agency, in consultation with the department of design and construction and the department of environmental protection, shall develop a pilot program for the purpose of providing such heating and/or cooling. b. Such program shall continue for at least three years after the date on which the city commences providing heating and/or cooling through such system to such buildings. c. No later than February 1 in the second year that commences after heating and/or cooling has been provided to such buildings for three full calendar years through such program, such office or agency, in consultation with such departments, shall prepare and electronically submit, and make publicly available online, a report to the mayor and the speaker of the council with a detailed assessment of the impacts of such program, including recommendations for continuing or expanding such program. (L.L. 2018/178, 10/27/2018, eff. 10/27/2018)

NYC Admin. Code § 3-131 Climate resiliency design guidelines.

§ 3-131 Climate resiliency design guidelines. a. Definitions. For the purposes of this section, the following terms have the following meanings: Agency. The term "agency" shall have the same definition as such term is defined in section 1150 of the charter. Capital Project. The term "capital project" means a capital project as defined in section 210 of the charter. Climate stressor. The term "climate stressor" means a condition, event or trend related to climate variability and change that can exacerbate an event or condition that may cause damage to assets or cause injury, illness or death to people. Critical facility. The term "critical facility" means a: 1. Hospital or healthcare facility; 2. Fire, rescue, ambulance, police station or emergency vehicle facility; 3. Jail, correctional facility or detention facility; 4. Facility used in emergency response; 5. Critical aviation facility; 6. Food distribution center with an annual expected volume of greater than 170,000,000 pounds; 7. Building or structure that manufactures, processes, handles, stores, disposes or uses toxic or explosive substances; 8. Component of infrastructure in transportation, telecommunications or power networks; 9. Ventilation building or fan plant; 10. Operations center; 11. Sanitary pumping station; 12. Stormwater pumping station; 13. Train and transit maintenance yard or shop; 14. Wastewater treatment plant; 15. Component of the water supply infrastructure; 16. Combined sewer overflow retention tank; 17. Fueling station; 18. Waste transfer station; and 19. Facility where residents have limited mobility or ability. Office. The term "office" means the office of long-term planning and sustainability. Useful life. The term "useful life" means the period over which a building, structure or system is expected to be available for use by an entity and may exceed the design life of such building, structure or system. b. The office shall establish climate resiliency design guidelines for the design and construction of certain capital projects, to be informed both by any existing climate resiliency design guidelines and by the pilot program pursuant to subdivision c. Such climate resiliency design guidelines shall consider the capacity of a covered project, as defined in section 3-132, to absorb disruption and manage stresses while maintaining the same basic structure and function, and shall provide guidance on incorporating forward-looking climate change data into the design of capital projects and city facilities, as such term is defined in section 203 of the charter, as well as into the design of covered projects, as defined in section 3-132, and instruction on determining the appropriate resilient design strategies, including consideration of the useful life and criticality of facilities. c. Pilot program. No later than August 31, 2021, each agency shall identify capital projects that comprise no less than five percent of their respective capital construction budgets for fiscal years 2021 through 2024. The pilot program shall be in effect for not more than five years, and the office shall select no fewer than 35 such capital projects to include in the pilot program. No less than 35 percent of all such capital projects shall be located in an environmental justice area, as such term is defined in section 3-1001, and no fewer than four projects shall be located in each borough. Projects selected for the pilot program shall include, but not be limited to, the following: 1. The most common capital projects; 2. New construction and substantial improvements, as both terms are defined in section G201.2 of chapter G2 of appendix G of the New York city building code; 3. Projects with a useful life: (a) less than 10 years; (b) 10 to 50 years; and (c) over 50 years; 4. Projects with capital costs: (a) under $10 million; (b) $10-49 million; (c) $50-100 million; and (d) over $100 million; 5. Critical and non-critical facilities; and 6. Facilities that are exposed to a variety of climate stressors. d. No later than December 31, 2026, the office shall submit to the speaker of the council and publish on its website the climate resiliency design guidelines developed pursuant to the pilot program described in subdivision c. Such guidelines shall be updated as necessary and no less than once every eight years from such date of submission. (L.L. 2021/041, 4/18/2021, eff. 8/16/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/041.

NYC Admin. Code § 3-132 Resiliency scores of agency projects.

§ 3-132 Resiliency scores of agency projects. a. Definitions. For the purposes of this section, the following terms have the following meanings: Agency. The term "agency" shall have the same definition as such term is defined in section 1150 of the charter. Covered project. The term "covered project" means a capital project of an agency with an estimated construction cost of no less than $10,000,000, provided that the office may by rule set such construction cost at a lower amount, that consists of: 1. New construction as defined in section G201.2 of chapter G2 of appendix G of the New York city building code of a building or structure; 2. Substantial improvement as defined in section G201.2 of chapter G2 of appendix G of the New York city building code of an existing building or structure; or 3. Construction of new or improvement of existing infrastructure including but not limited to sewers and other utilities, streets, landscape and transportation facilities with a minimum threshold construction value to be determined by rule or by meeting other specifications or qualifications to be set forth in such rules by the director of long-term planning and sustainability, provided that such term shall not include a public betterment consisting solely of a street that does not involve subsurface utility work, drainage or roadway grading, fencing, or combination thereof. Such term shall include capital projects of the New York city housing authority and the New York city school construction authority provided that each such entity, in consultation and coordination with the office, may establish a distinct scoring metric for its respective capital projects to address climate hazards in accordance with subdivision c. Office. The term "office" means the office of long-term planning and sustainability. b. The director of long-term planning and sustainability, in consultation with the New York city panel on climate change, the commissioner of design and construction, the commissioner of environmental protection, the commissioner of citywide administrative services, the commissioner of transportation, the commissioner of emergency management, the commissioner of buildings, the commissioner of parks and recreation, the commissioner of housing preservation and development, the commissioner of health and mental hygiene, the fire commissioner, the director of management and budget, the director of city planning, the head of any other office or agency as appropriate, the president of the New York city economic development corporation, environmental justice organizations with expertise in climate resiliency, and members of the public with expertise in climate resiliency, climate design, the built environment, engineering, and environmental justice issues shall develop a resiliency score metric. For the purposes of calculating such resiliency score, the office shall by rule establish a system of points or metrics, considering potential performance of resiliency features, and develop a methodology for applying such scoring to covered projects, provided such methodology shall include one or more minimum thresholds of resiliency that covered projects shall meet, to be informed by and include features detailed in the climate resiliency design guidelines pursuant to section 3-131, and which may also include but need not be limited to features such as: 1. Elevation to reduce the risk of flooding over the anticipated useful life; 2. Flood-proofing of structures or equipment; 3. Site elevation or responsible site considerations; 4. Heat mitigation; 5. Efficient energy resilience, including energy storage with or without use of on-site renewable energy generation; 6. On-site storm water capture and management; 7. Integration with naturally resilient shoreline features; 8. Salt or flood tolerant landscaping; 9. Green infrastructure; 10. Pervious pavement; 11. Resilient building materials; 12. Living walls or structures; and 13. Integration with and preservation of naturally occurring vegetation and habitat. c. No later than December 31, 2026, the office shall establish by rule a minimum resiliency score that could be met or exceeded by most covered projects, provided that separate minimum resiliency scores may be established for: i) new construction; ii) substantial improvements; and iii) infrastructure. The New York city housing authority and the New York city school construction authority may each also establish, with the review and approval of the office, an alternative resiliency scoring metric for its capital projects to address climate hazards. d. The office shall publish on its website the minimum resiliency score and the number of points that resilient features are assigned for calculating the resiliency score or scores, and other resiliency score methodology. e. Each covered project that is a new construction of buildings and structures or new infrastructure shall be required to meet or exceed the minimum resiliency score. The project design shall be submitted to the office for calculation of a resiliency score and scored by such office prior to being made available for review by the respective council committee, borough president and the community board pursuant to section 223 of the charter. If a covered project is not subject to section 223 of the charter, the project design shall be submitted to the office for the calculation of a resiliency score prior to registration of a construction contract. Agencies must resubmit the covered project to the office for scoring if there are design changes that could result in a change to the resiliency score. f. Each covered project that is a substantial improvement or the reconstruction, installation, retrofit, improvement or alteration to infrastructure shall be required to either: 1. Meet or exceed the minimum resiliency score; or 2. Receive approval from the office, after submission of the project design with a written statement explaining how resilient features have been incorporated into the design to the extent practicable. g. After each update of the climate resiliency design guidelines pursuant to subdivision d of section 3-131, the office shall review the resiliency score methodology developed pursuant to subdivision b and, if necessary, revise such score methodology. (L.L. 2021/041, 4/18/2021, eff. 8/16/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/041.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-228001Fetched: 10/24/2026