Regulated vs Unregulated Loads — and What It Means for NYC LL97

One of the most useful distinctions in energy modeling is also one of the most misunderstood: regulated versus unregulated loads. Get it clear and a lot of compliance confusion disappears — especially in New York City, where the answer to "does this load count?" changes depending on which rule you are trying to satisfy. This article unpacks the difference and why it is pivotal for NYC energy compliance.

The definitions

• Regulated loads are the end uses an energy code actually governs: space heating and cooling, fans and pumps, service water heating, and interior/exterior lighting. These are what the code sets efficiency requirements for.
• Unregulated loads are everything else the code does not directly set requirements for — primarily plug and process loads: receptacle equipment, computers, servers, kitchen and lab equipment, elevators, refrigeration.

In short: if ASHRAE 90.1 or the energy code tells you how efficient it has to be, it is regulated. If it does not, it is unregulated.

How Appendix G treats them

In performance-path compliance using ASHRAE 90.1 Appendix G, regulated loads are where you earn savings — the proposed design is compared against a baseline, and beating the baseline on HVAC, lighting and the like is what generates your performance percentage. Unregulated loads are modelled identically in both the baseline and proposed buildings. Because they are the same on both sides, they cancel out of the savings calculation — which is why teams often think of them as "not counting."

Why NYC changes the answer

That "doesn't count" intuition is true for an energy-code percentage — and dangerously false for Local Law 97. LL97 does not care about a savings percentage; it caps a building's absolute greenhouse-gas emissions. And absolute emissions include every kilowatt-hour and therm the building consumes — regulated and unregulated. So the plug and process loads that quietly disappear from an Appendix G comparison are fully on the books for your LL97 carbon total.

The practical consequence: two buildings can show the same energy-code performance percentage yet have very different LL97 exposure, simply because one has heavier unregulated loads. For a carbon-capped city, you have to model the whole building, not just the regulated slice.

What it means for project teams

Use the regulated/unregulated distinction for what it is good for — understanding code compliance — but never let it hide energy. For NYC work, insist on a model that captures total emissions, scrutinise the unregulated loads (they are often the swing factor near a limit), and look for reductions on both sides of the line. The regulated loads pass the code; the unregulated loads can still bust the carbon cap.

This article is general guidance and reflects information available at the time of writing. NYC requirements are set by the City of New York and may change — always confirm current rules with the NYC Department of Buildings for your specific building.