Local Law 97 penalty calculator
Local Law 97 makes the owner of a covered New York City building liable for up to $268 for every metric ton of carbon dioxide equivalent the building emits over its annual limit. Enter the floor area by use and the building's emissions to see the limit and the maximum penalty for both compliance periods — and, beside it, what the retrofit would cost each year on C-PACE.
Penalty and limits checked 2026-10-22
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maximum penalty per year at today's emissions
- Emissions limit
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- Over the limit by
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- Penalty after the work
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- Penalty avoided per year
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maximum penalty per year at today's emissions
- Emissions limit
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- Over the limit by
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- Penalty after the work
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- Penalty avoided per year
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per year, fixed, collected with property taxes
- Penalty avoided less C-PACE, 2024–2029
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- Penalty avoided less C-PACE, 2030–2034
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Energy savings are not included — add the engineer's figure for those yourself. Our C-PACE cost calculator sets the same payment beside a bridge loan.
Penalty: not more than the overage multiplied by $268 per tCO2e under Local Law 97 of 2019, NYC Administrative Code §28-320.6; the same $268 multiplier is in 1 RCNY §103-14(h), NYC Department of Buildings. Both checked 22 October 2026. Limits: the building emissions limit is the emissions factor for each property type multiplied by that property type's floor area, summed across the building; the floor areas reported must add up to the building's gross floor area. (1 RCNY §103-14(c)(3) and (d)(2), NYC Department of Buildings, checked 22 October 2026). For calendar years 2024 and 2025 only, an owner may instead use the occupancy-group limit in Administrative Code §28-320.3.1 where it is higher than the property-type factor — this calculator does not model that option. Arithmetic on your inputs, showing the maximum penalty; it does not decide whether a building is covered. Not legal or tax advice, not a quote and not a commitment to lend.
Local Law 97 emissions limits by property type
The emissions factors the calculator uses, in tCO2e per square foot of gross floor area, for each Energy Star Portfolio Manager property type — copied from 1 RCNY §103-14(c)(3) and (d)(2), NYC Department of Buildings and checked 22 October 2026. A building's limit is each factor multiplied by that property type's floor area.
| Property type | 2024–2029 | 2030–2034 |
|---|---|---|
| Adult Education | 0.00758 | 0.003565528 |
| Ambulatory Surgical Center | 0.01181 | 0.008980612 |
| Automobile Dealership | 0.00675 | 0.002824097 |
| Bank Branch | 0.00987 | 0.004036172 |
| Bowling Alley | 0.00574 | 0.003103815 |
| College/University | 0.00987 | 0.002099748 |
| Convenience Store without Gas Station | 0.00675 | 0.003540032 |
| Courthouse | 0.00426 | 0.001480533 |
| Data Center | 0.02381 | 0.014791131 |
| Distribution Center | 0.00574 | 0.0009916 |
| Enclosed Mall | 0.01074 | 0.003983803 |
| Financial Office | 0.00846 | 0.003697004 |
| Fitness Center/Health Club/Gym | 0.00987 | 0.003946728 |
| Food Sales | 0.01181 | 0.00520888 |
| Food Service | 0.01181 | 0.007749414 |
| Hospital (General Medical & Surgical) | 0.02381 | 0.007335204 |
| Hotel | 0.00987 | 0.003850668 |
| K-12 School | 0.00675 | 0.002230588 |
| Laboratory | 0.02381 | 0.026029868 |
| Library | 0.00675 | 0.002218412 |
| Lifestyle Center | 0.00846 | 0.00470585 |
| Mailing Center/Post Office | 0.00426 | 0.00198044 |
| Manufacturing/Industrial Plant | 0.00758 | 0.00141703 |
| Medical Office | 0.01074 | 0.002912778 |
| Movie Theater | 0.01181 | 0.005395268 |
| Multifamily Housing | 0.00675 | 0.00334664 |
| Museum | 0.01181 | 0.0053958 |
| Non-Refrigerated Warehouse | 0.00426 | 0.000883187 |
| Office | 0.00758 | 0.002690852 |
| Other - Education | 0.00846 | 0.002934006 |
| Other - Entertainment/Public Assembly | 0.00987 | 0.002956738 |
| Other - Lodging/Residential | 0.00758 | 0.001901982 |
| Other - Mall | 0.01074 | 0.001928226 |
| Other - Public Services | 0.00758 | 0.003808033 |
| Other - Recreation | 0.00987 | 0.00447957 |
| Other - Restaurant/Bar | 0.02381 | 0.008505075 |
| Other - Services | 0.01074 | 0.001823381 |
| Other - Specialty Hospital | 0.02381 | 0.006321819 |
| Other - Technology/Science | 0.02381 | 0.010446456 |
| Outpatient Rehabilitation/Physical Therapy | 0.01181 | 0.006018323 |
| Parking | 0.00426 | 0.000214421 |
| Performing Arts | 0.00846 | 0.002472539 |
| Personal Services (Health/Beauty, Dry Cleaning, etc.) | 0.00574 | 0.004843037 |
| Pre-school/Daycare | 0.00675 | 0.002362874 |
| Refrigerated Warehouse | 0.00987 | 0.002852131 |
| Repair Services (Vehicle, Shoe, Locksmith, etc.) | 0.00426 | 0.002210699 |
| Residence Hall/Dormitory | 0.00758 | 0.002464089 |
| Residential Care Facility | 0.01138 | 0.004893124 |
| Restaurant | 0.01181 | 0.004038374 |
| Retail Store | 0.00758 | 0.00210449 |
| Self-Storage Facility | 0.00426 | 0.00061183 |
| Senior Care Community | 0.01138 | 0.004410123 |
| Social/Meeting Hall | 0.00987 | 0.003833108 |
| Strip Mall | 0.01181 | 0.001361842 |
| Supermarket/Grocery Store | 0.02381 | 0.00675519 |
| Transportation Terminal/Station | 0.00426 | 0.000571669 |
| Urgent Care/Clinic/Other Outpatient | 0.01181 | 0.005772375 |
| Vocational School | 0.00574 | 0.004613122 |
| Wholesale Club/Supercenter | 0.01138 | 0.004264962 |
| Worship Facility | 0.00574 | 0.001230602 |
What the city's PACE program changed in 2026, and when C-PACE is the wrong tool for a Local Law 97 problem: NYC C-PACE and Local Law 97. The state picture: C-PACE in New York.
Local Law 97 penalty questions
How is the Local Law 97 penalty calculated?
Under Local Law 97 of 2019 (NYC Administrative Code §28-320.6), checked on 22 October 2026, the owner of a covered building whose annual report shows it over its emissions limit is liable for a civil penalty of not more than the difference between the limit and the reported emissions, multiplied by $268 — up to $268 for each metric ton of carbon dioxide equivalent over the limit, for each year the building is over. The Department of Buildings rule 1 RCNY §103-14(h) uses the same $268 multiplier.
How is a building’s Local Law 97 emissions limit set?
Under 1 RCNY §103-14(c)(2), (c)(3) and (d)(2), checked on 22 October 2026, each space in a covered building is assigned the Energy Star Portfolio Manager property type that best describes its use, and each property type has an emissions factor in tCO2e per square foot for each compliance period. The building's limit is each factor multiplied by that property type's floor area, summed across the building. The rule sets one table of factors for 2024–2029 and a lower one for most property types in 2030–2034.
Can the actual penalty be lower than this calculator shows?
Yes. The law sets the penalty at not more than the overage multiplied by $268, so this calculator shows the maximum. For the 2024–2029 compliance period, 1 RCNY §103-14(i) (checked 22 October 2026) lets an owner file mitigating factors with the emissions report: damage from a disaster such as a hurricane, severe flooding or fire may result in a penalty of zero dollars for that year, and demonstrated good faith efforts to comply may result in a mitigated penalty.
Is the C-PACE figure a quote?
No. It is the annual payment on the project cost, rate and term you type, amortised over that term. Actual C-PACE pricing depends on the program, the capital provider, the building and the measures financed, and closing and program costs are not modelled. C-PACE Desk is not a lender and this is not a commitment to lend or legal advice.
Want a person to check the numbers for this building?
Send the address and the scope. We will check whether the work fits NYC's PACE program, what the senior lender consent path looks like, and tell you plainly if C-PACE does not fit.
- Commercial and business purposes only — we do not place consumer loans.
- If the project does not qualify, we say so and tell you what would change that.
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C-PACE eligibility is decided by the property — its address, its jurisdiction, the scope of work, and who holds the mortgage. That is why this form asks about the building rather than about you. The more of it you can answer, the more specific our first reply is.
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