80x50 Initiative

February 21, 2023 

Since our founding in 1857, the American Institute of Architects New York Chapter (AIA New York) and our members have worked to advance the quality of life of New Yorkers and protect the public’s health, safety, and welfare. AIA New York supports Governor Hochul’s budget proposal and its efforts to tackle climate change, the housing crisis, and much-needed infrastructure improvements. However, we would like to express concern that the budget does not address some of these issues aggressively enough. 

We congratulate Governor Hochul for planning to implement multiple programs that will end our dependence on fossil fuels for both new and existing buildings. However, as the budget is currently written, there are multiple exceptions for large buildings and certain types of buildings three stories or below that would be permitted to continue to use fossil fuels past 2025. We believe that a January 1, 2025 deadline for all small buildings would be a more appropriate target, as time is of the essence in the fight against climate change. With the right level of urgency and commitment, we are confident that New York can lead the way in creating a more sustainable and livable future for all. 

We also applaud the Governor’s forward-thinking approach to addressing the ongoing housing crisis by committing to the construction of 800,000 new affordable housing units over ten years, including a five-year, $25 billion housing plan to create and preserve 100,000 affordable homes. This critical investment will provide much-needed relief to families struggling to find affordable and safe places to live. The budget will also extend the completion deadline for vested 421a projects by four years to June 2030, offering projects that suffered delays during the COVID-19 pandemic the opportunity to seek the tax abatement. However, we are concerned that the budget does not tackle the housing crisis quickly enough to address the serious shortage in affordable and supportive housing. More should be done to incentivize the construction of affordable housing, including a replacement for the J-51 tax abatement and a total rehaul of 421a. While considerably more housing than outlined in the budget will need to be created and preserved in the years to come, it is nonetheless reassuring to see the Governor acknowledging this issue with greater emphasis. 

In addition to addressing critical social and environmental issues, the budget proposal also recognizes the importance of investing in our state’s infrastructure. The Central Business District Tolling Program, also known as the congestion pricing plan, will address gridlock in Manhattan and help finance the MTA’s capital improvements. Improving accessibility by making 70 more subway stations ADA-accessible and continuing work on Second Avenue Subway Phase 2 to extend service from 96th street to 125th street and connect with Metro-North are crucial steps towards a modern, efficient, and accessible transportation system. These infrastructure investments will not only improve the quality of life for our communities but will also drive economic growth and competitiveness for years to come. 

Together, these initiatives in the budget proposal will not only protect our environment and combat climate change but also improve the lives of all New Yorkers. We commend Governor Hochul for pushing these initiatives forward in her budget proposal. 

Thank you, Chair Sanchez, Chair Gennaro, and Chair De La Rosa, for holding this hearing today and the opportunity to testify. The American Institute of Architects New York, also known as AIA New York, is the professional association representing nearly 6,000 of New York City’s architects and related professionals. Since our founding in 1857, AIA New York and our members have worked to advance the quality of life of New Yorkers and protect the public’s health, safety, and welfare. Working alongside our partners in City government, AIA New York has and will continue to be a strong supporter of Local Law 97 (LL97).

As you know, buildings contribute two-thirds of the city’s total greenhouse gas emissions. LL97 is the centerpiece of the city’s climate strategy for large buildings and is crucial to delivering NYC’s low-carbon future. The law will also bring important co-benefits, like lower pollution and greater health and comfort to New Yorkers across the five boroughs. Among the weak spots in this endeavor is a workforce capable of delivering high performance buildings and electrifying everything possible. It is our belief that, at all levels, we do not yet have the necessary workforce to comply with LL97.

We have the means for building zero emissions, high performance buildings today. These are market ready solutions, and more and more products are coming into the market. These are buildings that will be easier and simpler to operate, and more durable buildings that require far fewer inputs. High performance buildings are conservative in nature—they cost less to operate with little or no cost premium to construct buildings to comply with the 2050 requirements of LL97.

At best, the vast majority of our new buildings are barely complying with the status quo (compliance with the energy code) let alone meeting the demands of 2030 and 2050. Each building built or renovated that doesn’t meet the 2050 requirements is a lost opportunity. We know it can be done. We have colleagues who are building buildings today that meet the 2050 goals of LL97.

We find there is a major discrepancy in the marketplace demand for workers and the projected supply of workers estimated to meet the goals of LL97 and the New York State’s Climate Leadership and Community Protection Act. Not only is it an issue of the quantity of workers, but also of the quality of their training. On the demand side, our members report that most clients are not requesting performance higher than required by the building code for renovations or new construction. This will not get to 2030 emissions levels, let alone 2050. Local law 154 of 2021, the all-electric buildings law, helps but doesn’t address decarbonizing existing buildings. All this puts the onus of decarbonization on the grid rather than assisting with lowering loads through higher efficiency, and decarbonizing the grid alone is not sufficient to meet carbon targets. We will not get a second chance.

On the supply side, the entire building ecosystem will need training and preparation that we suggest be done in phases, and that supports the growth of the nascent high performance retrofit industry in NYC: Owners, developers, building managers, contractors, leadership in architecture and engineering firms, policymakers and lenders—these are the makers of demand and we need them trained first to get retrofit projects in the pipeline. The generated projects will then induce a demand for training of the next level of workers, these including professionals such as architects, engineers, façade designers, energy analysis and scientists, regulators such as the Department of Buildings and their examiners and inspectors, members of the construction trades, construction managers, electricians, and HVAC mechanics, as well as certification professionals (PHIUS, PHI, HERS, etc.).

In technical education, we have levels of competency: awareness, understanding, and ability. We need to extend this to the different sectors. The general public needs an awareness of how buildings operate and how to transition to a fossil fuel free future. The average American spends 90% of their time indoors. They should have an understanding of how comfort is obtained and where electricity comes from. Leadership in the building sector should have an understanding of what is required for high performance buildings to meet LL97 and 80×50. Most still do not understand that a passive house quality enclosure is—the first step for getting nearly every building type in NYC on its way to meeting 80×50. Specific ability to realize high performance buildings is eventually needed in all trades and professions.

The specific ability training we recommend is Passive House. Our members who have been trained in this standard all attest to how much it has fundamentally changed their practice. It is a data-driven and scientific approach to high-performance building design; it is holistic and comprehensive. This training has been extensively subsidized by NYSERDA, training hundreds of design professionals and hundreds more tradespersons. Please note that NYSERDA subsidized these trainings without a clear market demand for these skills.

We would even invite the members of these committees to undertake such a course. We are confident that this level of understanding will help produce more productive policy decisions. Again, thank you to for holding this important hearing. Our organization and members remain committed to working with the Council and Administration to deliver NYC’s low-carbon future.

Thank you, Chair Sanchez and Chair Gennaro, for holding this hearing today. The American Institute of Architects New York, also known as AIA New York, is the professional association representing nearly 6,000 of New York City’s architects and related professionals.

Since our founding in 1857, AIA New York and our members have worked to advance the quality of life of New Yorkers and protect the public’s health, safety and welfare. Working alongside our partners in City government, AIA New York has and will continue to be a strong supporter of Local Law 97 (LL97).

As you know, buildings contribute two-thirds of the city’s total greenhouse gas emissions. LL97 is the centerpiece of the city’s climate strategy for large buildings and is crucial to delivering NYC’s low-carbon future. The law will also bring important co-benefits, like lower pollution and greater health and comfort to New Yorkers across the five boroughs.

AIA New York is committed to working with the Council and the Administration to successful implement Local Law 97 and ensure compliance within the design, construction and building industry. With important milestones approaching, increased funding is essential to continued climate progress, and to ensure all New Yorkers benefit from a recovery that boosts green jobs and healthy, low-carbon and efficient buildings.

The City must commit to properly funding the Office of Building Energy and Emissions Performance (OBEEP), which is housed within the Department of Buildings. The office is severely understaffed, with only a handful of staffers overseeing compliance for thousands of the city’s largest buildings, making enforcement more difficult. In addition, the staff shortage complicates the office’s ability to take on further responsibilities and initiatives related to compliance with LL97, such as providing education on sustainable design techniques. We applaud Speaker Adams and the Council’s response to the FY 23 Preliminary Budget, calling on the Administration to include baseline funding of $450,000 in the Executive Budget for six additional positions within OBEEP to assist with Local Law 97 implementation.

AIA New York also urges the City to lead by example, by increasing funding to achieve the City’s own requirements under LL 97, which include reducing emissions from government operations 40 percent by 2025 and 50 percent by 2030. The Department of Citywide Administrative Services is in charge of overseeing much of this work, and they have developed a comprehensive plan for meeting the targets. The city should invest further in those agencies that oversee capital works, as they are integral in ensuring that city buildings comply with the law’s provisions. Additional funding is needed to ensure the Department of Design and Construction and other agencies can pay for the work and are sufficiently staffed to oversee this significant increase in retrofits.

We have seen already that a lack of funding has decreased confidence in the ability of the city to effectively enforce the law. The best way for the city to rebut these concerns is to properly fund those city agencies who oversee its compliance.

Again, thank you for holding this important hearing today. Our organization and members remain committed to working with the Council and Administration to deliver NYC’s low-carbon future.

Members of the New York Congressional Delegation,

We are writing on behalf of New York’s design and construction industry professionals to thank you for your strong support of the American Jobs Plan. As outlined, the jobs plan would dramatically improve the quality of New York’s infrastructure, all while reducing inequality, mitigating against the effects of climate change, and creating thousands of good-paying jobs.

As the jobs plan is being debated in Washington, we want to reaffirm our support for its provisions and highlight some areas of improvement that we believe would benefit all New Yorkers:

• Increase funding for mass transit: New York alone requires hundreds of billions of dollars to fund mass transit improvements. We are pleased to know that necessary levels of funding will be dedicated to move the Gateway Program forward, however, we ask that other mass transit projects in New York also receive sufficient funding. Transporting New York’s people and freight more efficiently is imperative to our overall economic growth.
• Fund transportation alternatives: Allocate robust funding to fix our transit challenges through relatively lower-cost design and construction solutions, such as bus lanes, bike lanes, and the pedestrianization of streets. These solutions will reduce the strain on existing infrastructure and improve the quality of life for cyclists, pedestrians, seniors, and people experiencing disabilities. New York has numerous programs and legislation in place to do this, but they require more funding to be implemented successfully.
• Invest in reimagining urban highways: Highways have been critical to the success of modern cities, allowing for people and goods to move with ease, however, they have tremendous social costs, including polluting and dividing marginalized communities. We need dedicated federal funding to reimagine these transportation infrastructure assets into places that provide equitable access to open space, enhanced placemaking, and protection from the effects of climate change.
• Provide funding for New York to implement sustainability legislation: At the state and city level, New York is in the process of implementing, respectively, the Climate Leadership and Community Protection Act (CLCPA) and Local Law 97-2019. These ambitious pieces of legislation require our state and city governments to spend billions of dollars upgrading energy infrastructure and retrofitting government buildings. Yet, funding is needed to make these projects move ahead so that government can lead the way towards a greener, cleaner future.
• Increase funding for affordable housing: NYCHA alone requires at least $40 billion, most of which is expected to come from the federal government. Without significant federal investment, NYCHA’s residents will continue to live in dangerously dilapidated buildings.
• Couple funding for housing with removal of exclusionary zoning: The federal government has a long history of driving local policy through mandates and making the receipt of federal funding contingent upon compliance with important national objectives. Therefore, funding to local governments for the development of housing should be contingent upon the elimination of exclusionary zoning practices that are overly restrictive, decrease affordability, and harm our local and regional economies, i.e., single-family zoning. These policies have seriously hampered efforts to combat the housing crisis in New York City and its surrounding counties, increased segregation and inequality, and ultimately prevented the housing supply from matching the needs of New York’s residents. The jobs plan offers a unique opportunity to combat exclusionary zoning policies across all of New York.

Again, we thank you for your strong advocacy on behalf of New York’s built environment. We are committed to ensuring that the jobs plan becomes law and that billions of dollars of funding support New York’s economy. Please consider our members in the design and construction industries as a resource while you examine the jobs plan and other similar proposals.

Sincerely,

Benjamin Prosky, Assoc. AIA
Executive Director
American Institute of Architects New York

Carlo A. Scissura, Esq.
President & CEO
New York Building Congress

John T. Evers, PhD
President/CEO
American Council of Engineering Companies of New York

AIA New York strongly supports the electrification of buildings by ending their reliance on fossil fuels for power and other uses. Fossil fuels in buildings have been largely phased out throughout New York State and the rest of the country, both by mandate and by choice. However, this is not the case in New York City, making legislation necessary to accomplish this goal. Int 2317-2021 would do just this, by not allowing new or significantly altered buildings to use high-carbon-emitting substances.

Eliminating fossil fuel use in new buildings and those undergoing major alterations would have numerous positive impacts. As 70% of carbon emissions in New York City originate from buildings, electrification would reduce greenhouse gas emissions, since electric power will soon originate from a clean wind and solar-powered grid. Reducing greenhouse gas emissions would mitigate climate change and improve air quality while also decreasing the city’s reliance on non-renewable energy sources. The 2019 gas moratorium showed the supply of fossil fuels is unreliable, which makes the design and construction of buildings dependent on them challenging. Lastly, fossil fuels create an unnecessary fire hazard at construction sites and in occupied buildings. This endangers design and construction industry professionals, as well as everyday New Yorkers.

We hope this bill is just the start of reducing the city’s reliance on fossil fuels. Future legislation is needed to address existing buildings, most of which are still reliant upon these non-renewable energy resources. As comparatively few buildings undergo the types of alternations covered in this bill, additional legislation is needed to cover most other existing buildings. For instance, further action by the City Council and NYC Department of Buildings should be taken to encourage or mandate the replacement of boilers.

While AIANY is strongly supportive of the concepts in this bill, changes should be made to the existing legislation to ease implementation and compliance. These recommendations are outlined below and would ensure that the bill is as effective as intended.

Recommendations:

* Move to new portion of the code not relating to fuel signage, perhaps Section 24-173 (use of solid fuel) or a new section (24-178).

* Define covered buildings as “new buildings” and those undergoing renovations that fall in the ALT1 category, “Major alterations that will change use, egress or occupancy.”

* Lower kgs from 50 to 40 to make it essentially impossible for “clean” fossil fuels to emerge as an alternative in the future.

* Carbon dioxide, not carbon, should be used as the unit of measurement, since it is the industry standard.

* The exemption should be clarified and simplified and should require a formal application process to reduce loopholes. Language should be taken from LL97-2019 and DOB rules relating to its implementation.

* The law should take effect after one year for smaller buildings, two years for mid-size buildings, and three years for large buildings to allow the industry to adjust.

AIA New York in consultation with advisors on its Committee on the Environment offers its support for Intro No 1816, which would make NYC’s Energy Conservation Code one of the most advanced building energy codes in the country and would make a major contribution toward advancing the goals of energy efficiency and carbon reduction that the city has set for 2030 and beyond. While the new Code takes significant steps to reduce energy consumption and hence emissions, it is not stringent enough on its own to meet the 80×50 goal and the targets set by Local Law 97.

There are many improvements to lighting and mechanical systems that can improve a building’s energy performance and the updated regulations do address these to some extent, but as architects we have a particular awareness of the impact a building’s envelope can have on energy efficiency, and occupant health and comfort. High performance glazing, more effective insulation, and airtight construction should be the standard for all of our buildings, not just the exceptional few.

The new code does take steps toward envelope improvement, but there is still a long way to go. The argument is often made that setting standards for glazing, insulation, and airtightness will result in significantly higher construction costs and will have negative impacts on real estate values. But in fact, the opposite is true: high performing envelopes lead to lower upfront mechanical costs, increased leasable area, higher productivity from occupants, lifetime energy savings, and increased resilience.

While we think that this legislation is undeniably a step in the right direction and will help architects design better, more energy-efficient buildings, and we are unanimous in our opinion that adoption of the new code is far preferable to the alternative, our enthusiasm for the progress it offers is tempered by the knowledge that it simply does not go far enough to respond to the current climate emergency.

October 4, 2019

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building Albany, NY 12224

Dear Governor Cuomo:

We are writing on behalf of the American Institute of Architects New York (AIANY) to express our support for the Arthur Kill Terminal project being developed by Atlantic Offshore Terminals in Staten Island, New York. AIANY and its nearly 6,000 members have proudly maintained a long-standing commitment to sustainability in architecture, seeing it as a vital component to the modern industry’s approach to design and construction.

New York is on the precipice of change. The enactment of the Climate Leadership and Community Protection Act and the state’s commitment to 9,000 megawatts of offshore wind by 2035, as well as the awarding of 1,700 megawatts—the nation’s largest procurement of offshore wind—signaled to the rest of the country that New York leads the nation in clean energy. The State is primed to become the supply chain hub for the multi-billion-dollar offshore wind industry. Therefore, the State must support the design and construction of port infrastructure to spur the development of offshore wind.

The Arthur Kill Terminal is uniquely positioned to handle the challenges of developing the offshore wind industry. Due to vessel access constraints, such as bridges and other barriers, most existing U.S. ports are unsuitable for wind turbine staging. Located on Staten Island’s Charleston neighborhood, the Arthur Kill Terminal is able to bypass these constraints with its completely unrestricted access to the Atlantic Ocean and facilitate offshore wind projects across the coast. As it stands today, the Arthur Kill Terminal is the only port in New York where offshore wind turbines can be staged and assembled onshore and brought out to sea.

AIANY is committed to fostering sustainable design and construction. We are pleased to express our support for the Arthur Kill Terminal project and look forward to working with you in advancing the development of offshore wind in New York.

Sincerely,

Benjamin Prosky, Assoc. AIA
Executive Director

Hayes Slade, AIA
2019 President

AIA New York strongly advocates for a more sustainable and equitable built environment. Through programming and by supporting various pieces of legislation, we have encouraged our 5,600 members to design in a more environmentally conscious manner.

Despite advances in sustainable design over the years, far more can be done to make our cities green. Crucially, we need to support efforts to retrofit existing buildings. While sustainable design for new buildings is increasingly widespread, far more New Yorkers live and work in older buildings, most of which have not been retrofitted according to the latest technologies and design practices.

If we do not retrofit our existing building stock en masse, we jeopardize the health and safety of ourselves and future generations. Right now, around 70% of New York’s carbon emissions are generated by buildings. In order to tackle issues around climate change, resiliency, and air quality, we need to retrofit our existing building stock.

Furthermore, continuing to overlook the retrofitting of existing structures may lead to greater inequity in our built environment. It should not be a luxury to live or work in a well-insulated building, though in New York City this is often the case. Those with sustainably designed apartments and offices often pay less in energy bills, which further exacerbates financial divides. If we do not address this issue now, our city will increasingly be divided between those who can afford to live and work with all the benefits of sustainable design, and the less fortunate who live and work in deteriorating buildings.

For these reasons, we applaud Council Member Costa Constantinides’ pieces of legislation, Int. 1252 and Int. 1253, which require existing buildings over 25,000 square feet to meet energy efficiency targets. For years, market forces and government incentives have led to slow but steady increases in retrofitting. Unfortunately, we do not have time for a process that does not require immediate improvements. We need the City to require that the bulk of our large building stock start retrofitting as soon as possible.

These pieces of legislation have the potential to significantly improve the daily lives of millions of New Yorkers, while also spurring the growth of the green sector. New Yorkers deserve to live and work in better conditions, and for that reason we ask the City Council to pass, and the Mayor sign, Int. 1252 and Int. 1253.

Sincerely,

Gerard F. X. Geier II, FAIA, FIIDA, LEED AP
President

Benjamin Prosky, Assoc. AIA
Executive Director

In 2014, U.S. greenhouse gas (GHG) emissions totaled 6,870 million metric tons of carbon dioxide equivalents, a per capita total of 17 metric tons for each resident of the United States.

Recent changes in policy and regulations at the federal level—such as withdrawing the United States from the Paris Climate Accord, and the rescinding of water pollution regulations, and the suspending of climate-sensible safeguards at the EPA, to name a few—are reversing a decades-long course of positive and protective actions in defending the quality of our national environment.

AIANY testified before the City Council Committee on Housing and Buildings with Urban Green Council. The hearing addressed: Int. No. 1160, Int. No. 1163, Int. No. 1165, and Int. No. 1169, which would update NYC’s Energy Code.

AIANY submitted testimony at the oversight hearing on the resiliency and sustainability sections of the OneNYC plan.

This oversight hearing addressed “An Examining of the City’s Clean Waterfront Plan.” AIANY Design Risk and Reconstruction (DfRR) Committee testified.