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Using the Local Regulations page

Track your portfolio's BPS compliance, estimate penalty exposure, and log benchmarking submissions for LL97, LL84, and Boston BERDO — all in one view.

Purpose of this article

Explains what the Local Regulations page shows, how to use it to track Building Performance Standards (BPS) compliance across your portfolio, and how LL97 and LL84 relate to each other.

What this page helps you do

The Local Regulations page brings local real estate compliance into one view. Use it to:

  • Quantify your financial risk. See total estimated penalty exposure across your portfolio at a glance.
  • Prioritize action. Identify which assets are non-compliant, compliant, or missing the data needed to assess them.
  • Stay ahead of deadlines. Track annual benchmarking reporting obligations and log submissions per year.
  • Understand scope. See which assets fall under which regulation without manual lookups.

Tip: If you only check one place during reporting season, make it this page. Every BPS-related data point for your portfolio lives here.

Scope: Building Performance Standards (BPS) are local US laws — applicability depends on a building's city. Scaler currently supports:

  • New York City — LL97 (BPS) and LL84 (Benchmarking)
  • Boston, MA — Boston BERDO (BPS and Benchmarking)

More cities are on the roadmap. If your portfolio includes a city not yet supported, reach out to your Scaler contact.

Where to find it

Analytics Portal → Portfolio → Regulatory → Local Regulations

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What's on the page

The Local Regulations page has two sections:

Building Performance Standards (BPS) — the top section. Shows compliance status and penalty exposure for regulations that require buildings to meet emissions thresholds (NYC LL97, Boston BERDO).

Benchmarking — the bottom section. Tracks reporting deadlines for regulations that require annual disclosure of energy and water use (NYC LL84, Boston BERDO).


Understanding LL97 vs LL84

These two laws both apply to large NYC buildings, which makes them easy to confuse. They do different things and work together.

A quick mental model. Think of LL84 as the report card — the city requires you to submit your energy and water numbers every year, and those numbers become public. Think of LL97 as the graduation requirement — a minimum emissions performance your building must meet, or pay a fine.

Why two laws. LL84 came first (in effect since 2012). NYC's original theory was that public disclosure alone would push owners to improve efficiency. When that didn't move the needle fast enough to hit city climate goals, LL97 was added in 2019 (enforcement began in 2024) to put actual emissions caps and penalties on top of the disclosure layer. They stack: LL84 produces the data, LL97 uses that data to determine compliance.

Side by side:

LL84
LL97
What you report
Annual energy and water consumption
Annual emissions intensity vs. regulatory limit
Deadline
May 1 annually
May 1 annually
In Scaler
Benchmarking section
BPS section

Boston BERDO is analogous to LL97 (compliance + penalty) but specific to Boston, with its own benchmarking requirement tracked in the Benchmarking section.


Using the Building Performance Standards section

The portfolio-level summary

Four metrics at the top give you an at-a-glance read of your portfolio:

  • Total penalty exposure ($) — sum of estimated annual penalties for all non-compliant assets. Your headline financial risk number.
  • Assets compliant — how many in-scope assets meet their BPS threshold
  • Assets non-compliant — how many exceed their threshold
  • Assets missing data — how many are in scope but cannot be evaluated due to incomplete inputs

Important: A portfolio with high "Assets missing data" may appear artificially compliant. Resolve missing data before drawing conclusions about exposure.

 
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The asset-level table

Each row is an asset subject to a BPS regulation, with columns for:

  • Client ID, Asset name, City
  • BPS framework — either LL97 or Boston BERDO
  • Trend — year-over-year direction of emissions intensity
  • 2024–2028 — compliance status per year (Compliant, Non-compliant, Missing data, or N/A)
  • 2024 Intensity (kgCO2e/sqm) — the asset's actual emissions intensity
  • 2024 Penalty (USD) — estimated penalty for that year if non-compliant
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What Scaler detects automatically

Scaler identifies which assets fall under which BPS framework based on location and size — no manual tagging. Make sure each asset has accurate Country, Postal code or City, and Gross floor area values.

For mixed-use buildings, Scaler uses Building Units to apply weighted emissions thresholds based on property type.


Using the Benchmarking section

The Benchmarking section tracks reporting obligations that apply regardless of emissions performance. Each row shows:

  • Client ID, Asset name — the asset
  • Ordinance name — e.g. LL84, Boston BERDO
  • Due date — when the report must be submitted to the relevant city agency
  • [Year] - Report Submitted — a checkbox per reporting year
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Tick the checkboxes as you submit each year's report, giving you a single record of your asset's benchmarking status.

Tip: Missing a benchmarking deadline may trigger its own fine, independent of BPS performance. LL84 submissions are due to the NYC Department of Buildings on May 1 each year.


How penalty estimates are calculated

Methodology

Penalty estimates compare an asset's actual emissions intensity to its regulatory threshold. If actual emissions exceed the threshold:

Penalty = (actual emissions − threshold) × floor area × penalty rate

The penalty rate is set by each regulation (for example, LL97 defines a rate per metric ton of excess CO2e, and Boston BERDO defines its Alternative Compliance Payment rate). Scaler applies the rate published in each regulation.

Scaler currently uses location-based (CRREM) emission factors to calculate actual emissions. For electricity-heavy buildings in New York City, this may overstate LL97 exposure by approximately 20%, so estimates are directionally accurate but may vary. BPS-specific emission factors will be incorporated in a future update.

Compliance status for future years currently reflects business-as-usual emissions only (i.e., recent emissions intensity projected against the regulatory pathway). It does not yet incorporate planned measures configured in the Roadmap Tool. A building with a planned retrofit will still show its current trajectory on this page until the measure is reflected in actual reported data. To compare a planned-retrofit pathway against the BPS limit visually, use the Roadmap Analysis GHG chart at the asset level.

For mixed-use buildings, Scaler computes a weighted threshold from the property types and floor areas of the building's Building Units.


Troubleshooting

  • Asset doesn't appear in the BPS section — Scaler didn't identify it as in scope. Verify Country, City or Postal code, and Gross floor area are populated.
  • All years show "Missing data" — emissions intensity cannot be calculated. Usually due to incomplete energy consumption data or missing Building Units for mixed-use buildings.
  • Portfolio shows "0 non-compliant" despite expected exposure — check the "Assets missing data" count; those assets are excluded from compliance assessment.
  • Benchmarking row missing for an NYC asset — LL84 applies only to buildings ≥25,000 sqft. Confirm Gross floor area.

Where to go next

For framework-specific detail:

For configuring the data that feeds this page:

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