Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	VIA EMAIL AND HAND DELIVERY
2	2	November 18, 2024
3	3	TO: Clerk of the House of Representatives
4	4	CC: Chairs of the Joint Committee on Telecommunications, Utilities, and Energy
5	5	RE: Submission of Building Energy Reporting Regulations (225 CMR 27.00)
6	6	Dear Clerk:
7	7	Pursuant to M.G.L. Chapter 25A, Section 12 (Section 12), please find enclosed:
8	8	225 CMR 27.00 - Building Energy Reporting
9	9	Summary of the proposed regulation in layman's terms
10	10	In the development of amendments to 225 CMR 27.00, the pertinent provisions of Chapter 30A,
11	11	except section five, have been complied with.
12	12	In addition to the requirements of Section 12, the Department of Energy Resources has made
13	13	additional information available to the public regarding these proposed regulations. That
14	14	information is accessible through the Department’s website:
15	15	https://www.mass.gov/info-details/large-building-energy-reporting
16	16	Please direct questions and comments on these proposed regulations to:
17	17	Maliha Khan
18	18	Government Affairs Manager
19	19	857-286-0690
20	20	maliha.khan@mass.gov
21	21	COMMONWEALTH OF MASSACHUSETTS
22	22	EXECUTIVE OFFICE OF
23	23	ENERGY AND ENVIRONMENTAL AFFAIRS
24	24	DEPARTMENT OF ENERGY RESOURCES
25	25	100 CAMBRIDGE ST., 9
26	26	th
27	27	FLOOR
28	28	BOSTON, MA 02114
29	29	Telephone: 617-626-7300
30	30	Maura T. Healey
31	31	Governor
32	32	Kimberley Driscoll
33	33	Lt. Governor
34	34	Rebecca L. Tepper
35	35	Secretary
36	36	Elizabeth Mahony
37	37	Commissioner Sincerely,
38	38	Elizabeth Mahony
39	39	Commissioner, Department of Energy Resources
40	40	Enclosures Layman’s Summary of Proposed 225 CMR 27.00
41	41	On August 11, 2022, the legislature passed An Act Driving Clean Energy and Offshore
42	42	Wind (St. 2022, c. 179) (Act). Section 41 of the Act, codified as G.L. c. 25A, § 20, requires
43	43	utilities for and building owners of “Large Buildings” in the Commonwealth to report the total
44	44	amounts of energy consumed on an annual basis to the Department of Energy Resources
45	45	(DOER) for inclusion in a public facing database on DOER’s website.
46	46	DOER’s understanding is that the Statute was modeled on the Building Emissions
47	47	Reduction and Disclosure (BERDO) ordinance in Boston and the Building Energy Use
48	48	Disclosure Ordinance (BEUDO) in Cambridge. However, in Boston and Cambridge, building
49	49	owners are responsible for the reporting of all energy use data. In contrast, the Statute and 225
50	50	CMR 27.00 requires utilities to provide the majority of energy use data, with building owners
51	51	only responsible for delivered fuels or other sources of consumption not provided by a utility.
52	52	The regulations cover which properties are subject to building energy reporting
53	53	requirements, the reporting process for utilities and building owners, alternative compliance
54	54	pathways, the enforcement provisions for entities that fail to comply with their reporting
55	55	obligations, the treatment of personally identifying information that is reported to DOER, and
56	56	other provisions related to the administration of these regulations. HOUSE . . . . . . . . . . . . . . . No. 5110
57	57	Communication from the Department of Energy Resources of the Executive Office of Energy
58	58	and Environmental Affairs (under the provisions of section 12 of Chapter 25A of the General
59	59	Laws) submitting proposed amendments to regulations 225 CMR 27.00 – governing the
60	60	Building Energy Reporting. Telecommunications, Utilities and Energy.
61	61	The Commonwealth of Massachusetts
62	62	_______________
63	63	In the One Hundred and Ninety-Third General Court
64	64	(2023-2024)
65	65	_______________
66	66	1225 CMR 27.00: BUILDING ENERGY REPORTING
67	67	2Section
68	68	327.01: Purpose and Application
69	69	427.02: Definitions
70	70	527.03: Covered Buildings List
71	71	627.04: Reporting Requirements and Process
72	72	727.05: Reporting Exemptions
73	73	827.06: Building Ownership Changes and Designations
74	74	927.07: Disputing Inclusion in Covered Buildings List, Alternative Compliance Pathways, and
75	75	10Reporting Options
76	76	1127.08: Data Verification
77	77	1227.09: Personally Identifying Building Owner and Lessee Information
78	78	1327.10: Annual Building Database and Report
79	79	1427.11: Enforcement and Penalties
80	80	1527.12: Inspection
81	81	1627.13: Severability
82	82	17
83	83	1827.01 Purpose and Application
84	84	19
85	85	20 The purpose of 225 CMR 27.00 is to establish a process for Distribution Companies,
86	86	21 Municipal Utilities, and Building Owners to report the Energy Usage of Buildings to the
87	87	22 Department for publication on the Department’s website.
88	88	23
89	89	2427.02 Definitions
90	90	25 Building. An energy consuming structure located within a Parcel or a single, continuous
91	91	26 energy-consuming structure that spans multiple Parcels. 27 Building Owner. The person, persons, entity, or entities listed in the Covered Buildings
92	92	28 List as the owner or Designated Building Owner of a Covered Building.
93	93	29 Building Use. The primary or combination of primary ways a Building is used.
94	94	30 Campus. A collection of Buildings on one or more Parcels served by a single energy
95	95	31 meter or plant.
96	96	32 Compliance Year . The calendar year in which the previous Reported Year’s Energy
97	97	33 Usage must be reported to the Department pursuant to 225 CMR 27.04.
98	98	34 Covered Buildings List. The list of Large Buildings for which the Department requires
99	99	35 Energy Usage disclosure that is published pursuant to 225 CMR 27.03.
100	100	36 Covered Building . A Large Building that is included on the Covered Buildings List.
101	101	37 Department. The Department of Energy Resources, established by M.G.L. c. 25A.
102	102	38 Designated Building Owner. A person or entity that has been designated by the Building
103	103	39 Owner pursuant to 225 CMR 27.06(2)-(3) as responsible for compliance with 225 CMR
104	104	40 27.00.
105	105	41 Distribution Company. A distribution company, gas company, or steam distribution
106	106	42 company as those terms are defined in M.G.L. 164, § 1, provided, however, a
107	107	43 Distribution Company shall not include a Municipal Utility.
108	108	44
109	109	45 Energy. Electricity, natural gas, steam, hot or chilled water, heating oil, propane,
110	110	46 renewable, or other products as approved by the Department that are used for heating,
111	111	47 cooling, lighting, industrial and manufacturing processes, water heating, cooking, clothes
112	112	48 drying, emergency or backup generation, or other purposes as approved by the
113	113	49 Department.
114	114	50 Energy Usage. For the listed reporting entities, Energy Usage shall mean:
115	115	51 (a)for a Distribution Company, the amount of Energy measured by a Distribution
116	116	52 Company’s meter;
117	117	53 (b)for a Municipal Utility, the amount of Energy measured by a Municipal Utility’s
118	118	54 meter; or
119	119	55 (c)for a Building Owner, all other Energy that is not provided by a Distribution
120	120	56 Company or Municipal Utility, including, but not limited to, any on-site
121	121	57 generation, delivered fuel, or other sources consumed for any Building including
122	122	58 Energy delivered to individual lessees and common areas of a Building in
123	123	59 aggregate.
124	124	60 Gross Floor Area. The total floor area contained within a Building measured to the
125	125	61 external face of the external walls. Further clarification on the definition of Gross Floor
126	126	62 Area may be established by the Department in the Department’s Gross Floor Area
127	127	63 Guideline. 64 Guideline. A set of clarifications, interpretations, procedures, and forms developed by the
128	128	65 Department to assist in compliance with the requirements of 225 CMR 27.00. The
129	129	66 Department may issue new or revised Guidelines after providing notice and a minimum
130	130	67 of twenty-one-day public comment period on a draft version. Each Guideline shall be
131	131	68 effective on its date of issuance or on such date as specified therein, except as otherwise
132	132	69 provided in 225 CMR 27.00.
133	133	70 Large Building. A Building located on one or more Parcels with a Gross Floor Area equal
134	134	71 to or greater than 20,000 square feet.
135	135	72 Municipal Utility. A municipal lighting plant established pursuant to the provisions of
136	136	73 M.G.L. c. 164 , including municipal lighting plants that provide gas or gas and electric
137	137	74 service.
138	138	75 Parcel. The plot boundaries of a piece of land.
139	139	76 Personally Identifying Information. Information that could reasonably be used to identify
140	140	77 a person including but not limited to name, address, telephone number, email address,
141	141	78 Social Security number, birth date, utility account information, or any combination of
142	142	79 information that could be used to identify a person, provided that a Building Owner’s or
143	143	80 Designated Building Owner’s name and business address shall not be included in this
144	144	81 definition.
145	145	82 Reporting Entity . A person or entity that has been designated by the Building Owner
146	146	83 pursuant to 225 CMR 27.06(4) as the entity responsible for reporting Covered Building
147	147	84 Energy Usage to the Department.
148	148	85 Reported Year. The calendar year for Covered Building Energy Usage reported to the
149	149	86 Department pursuant to 225 CMR 27.04.
150	150	87 Steam Distribution Company. A steam distribution company as defined in M.G.L. 164, §
151	151	88 1.
152	152	8927.03: Covered Buildings List
153	153	90 (1)Covered Buildings List. Annually by March 30, the Department shall publish a Covered
154	154	91 Buildings List on the Department’s website that includes all Large Buildings in the
155	155	92 Commonwealth subject to the provisions of 225 CMR 27.00.
156	156	93
157	157	94 The Covered Buildings List shall include the building address, Gross Floor Area,
158	158	95 Building Owner, Building Owner’s business address, Building Use, and any additional
159	159	96 information deemed relevant by the Department to effectuate the goals of 225 CMR
160	160	97 27.00.
161	161	98
162	162	99 (2)Newly Constructed Buildings. A newly constructed building shall be included on the
163	163	100 Covered Buildings List in a Compliance Year if the Temporary Certificate of Occupancy 101 for the Building or Certificate of Occupancy for the Building was issued at any point
164	164	102 prior to that Compliance Year’s Reported Year.
165	165	103
166	166	104 (3)Creation of Covered Buildings List. The Department will determine a process for
167	167	105 identifying Large Buildings and generate the Covered Buildings List using that process.
168	168	106 The Department will utilize information sources that may include but are not limited to,
169	169	107 municipal assessor databases, MassGIS assessor data, and other state or municipal
170	170	108 sources of property data.
171	171	109
172	172	110 (4)Building Owner Notice of Inclusion on the Covered Buildings List. In addition to the
173	173	111 publication of the Covered Building List pursuant to 225 CMR 27.03(1), the Department
174	174	112 shall send notice to Building Owners of their reporting obligations under 225 CMR
175	175	113 27.00. Such notice shall include the Covered Building(s) subject to reporting
176	176	114 requirements, reporting deadlines, instructions for reporting, and other relevant
177	177	115 information regarding a Building Owner’s obligations under 225 CMR 27.00. Failure of
178	178	116 a Building Owner to receive such notice shall not relieve the Building Owner of any
179	179	117 reporting obligations under 225 CMR 27.04(3).
180	180	118
181	181	119 (5)Designating Buildings as a Campus. A Building Owner may submit a request to have a
182	182	120 group of Buildings designated as a Campus and report its Energy Usage pursuant to 225
183	183	121 CMR 27.04(5). Such request must detail how the group of Buildings meet the definition
184	184	122 of a Campus, the extent to which reporting can be done at the Building level, and include
185	185	123 a proposal for how the Campus will report Energy Usage pursuant to 225 CMR 27.04(5).
186	186	124 The Department shall evaluate such requests and associated Campus reporting plans on a
187	187	125 case-by-case basis.
188	188	126
189	189	12727.04: Reporting Requirements and Process
190	190	128
191	191	129 (1)Distribution Companies. Annually by May 30, each Distribution Company shall report to
192	192	130 the Department all Energy Usage provided by the Distribution Company for all Covered
193	193	131 Buildings for the previous calendar year. Such Energy Usage shall be reported at the
194	194	132 meter level for each Covered Building unless an exception is approved pursuant to 225
195	195	133 CMR 27.04(1)(c). Such Energy Usage shall be provided for each Covered Building and
196	196	134 shall be submitted in a manner established by the Department in the Department’s
197	197	135 Distribution Company Reporting Guideline.
198	198	136
199	199	137 (a)Additional Reporting Requirement for Steam Distribution Companies. Annually
200	200	138 by May 30, Steam Distribution Companies shall also provide the volume of steam
201	201	139 produced by each generation source for the previous calendar year.
202	202	140
203	203	141 (b)Compliance Year 2025. For Compliance Year 2025, the reporting deadline for
204	204	142 225 CMR 27.04(1) and 225 CMR 27.04(1)(a) shall be June 30, 2025.
205	205	143 144 (c)Request to Submit Building Level Energy Usage. A Distribution Company may
206	206	145 request to submit Energy Usage aggregated to the Building level for a Covered
207	207	146 Building or group of Covered Buildings. Such a request shall detail why the
208	208	147 submission of meter level data for the Covered Buildings is not possible or
209	209	148 practicable. The Department shall review such requests on a case-by-case basis.
210	210	149
211	211	150 (2)Municipal Utilities. Annually by May 30, each Municipal Utility shall report to the
212	212	151 Department all Energy Usage provided by the Municipal Utilities for all Covered
213	213	152 Buildings for the previous calendar year. Such Energy Usage shall be reported at the
214	214	153 meter level for each Covered Building unless an exception is approved pursuant to 225
215	215	154 CMR 27.04(2)(b). Such Energy Usage shall be provided for each Covered Building and
216	216	155 shall be submitted in a manner established by the Department in the Department’s
217	217	156 Municipal Utility Reporting Guideline .
218	218	157
219	219	158 (a) Compliance Year 2025. For Compliance Year 2025, the reporting deadline for
220	220	159 225 CMR 27.04(2) shall be June 30, 2025.
221	221	160
222	222	161 (b)Request to Submit Building Level Energy Usage. A Municipal Utility may
223	223	162 request to submit Energy Usage aggregated to the Building level for a Covered
224	224	163 Building or group of Covered Buildings. Such a request shall detail why the
225	225	164 submission of meter level data for the Covered Buildings is not possible or
226	226	165 practicable. The Department shall review such requests on a case-by-case basis.
227	227	166
228	228	167 (3)Building Owners. Annually by June 30, Building Owners shall provide all Energy Usage
229	229	168 that is not provided by a Distribution Company or Municipal Utility for all Covered
230	230	169 Buildings where they are listed on the Covered Buildings List as the Building Owner.
231	231	170
232	232	171 Energy Usage shall be reported using Energy Star Portfolio Manager or any other
233	233	172 Department approved program in a manner to be specified by the Department in the
234	234	173 Department’s Building Owner Reporting Guideline.
235	235	174
236	236	175 (a)Exemptions for Energy Usage from an Unresponsive Lessee . A Building Owner
237	237	176 shall not be penalized for failing to report any Energy ordered by, delivered to and
238	238	177 charged directly to a lessee if the owner sends a written request for Energy Usage
239	239	178 information to the lessee not later than April 30 of a Compliance Year, does not
240	240	179 receive a response from the lessee by June 25 of the same year and provides
241	241	180 evidence of the request to the Department.
242	242	181
243	243	182 (4)Additional Building Owner Supplied Information.
244	244	183
245	245	184 (a)Verification of Distribution Company or Municipal Utility Covered Building
246	246	185 Energy Usage Data by Building Owner. The Department will provide Building
247	247	186 Owners with access to aggregated Energy Usage information provided by 187 Distribution Companies or Municipal Utilities for their Covered Buildings. A
248	248	188 Building Owner may verify, submit a correction to, or identify a discrepancy in
249	249	189 the submitted Energy Usage information on or before August 31 of a Compliance
250	250	190 Year for consideration in that Compliance Year’s Annual Building Database and
251	251	191 Report. Such submission shall contain any relevant documentation.
252	252	192
253	253	193 (b)Additional Owner Disclosures. The Department may issue an Additional Owner
254	254	194 Disclosure Guideline detailing a method to account for additional or offsetting
255	255	195 Building Energy Usage attributable to operational resilience or emissions
256	256	196 mitigation. Examples of additional owner disclosures may include, but are not
257	257	197 limited to, subtracting electricity used by electric vehicles, accounting for use of a
258	258	198 battery storage system, solar produced using various metering configurations, and
259	259	199 other distributed generation.
260	260	200
261	261	201 (5)Campus Reporting. Building Owners that have received approval to designate a
262	262	202 collection of Buildings as a Campus pursuant to 225 CMR 27.03(5) shall report Energy
263	263	203 Usage for all Buildings on that Campus pursuant to the plan approved by the Department
264	264	204 under 225 CMR 27.03(5).
265	265	20527.05: Reporting Exemptions
266	266	206 (1)Buildings Exempt from Reporting Requirements.
267	267	207
268	268	208 (a)Covered Buildings that meet any of the below criteria shall not need to have their
269	269	209 Energy Usage reported pursuant to 225 CMR 27.04:
270	270	210 1.the Building was vacant for a full calendar year;
271	271	211 2.the Building was demolished during the previous calendar year;
272	272	212 3.the Building was vacant for more than 50% of the year due to natural
273	273	213 causes, including but not limited to fire, flood, and wind damage;
274	274	214 4.the Building Owner has filed or been dissolved in bankruptcy;
275	275	215 5.other unique or unforeseen circumstances that warrant an exclusion as
276	276	216 determined by the Department from the Building Energy Reporting
277	277	217 Requirements.
278	278	218
279	279	219 (b)If a Building meets one or more of the criteria listed in 225 CMR 27.05(1)(a)1.-5.,
280	280	220 the Building Owner may submit a letter to the Department by March 15 of the
281	281	221 Compliance Year stating which criteria the Building meets and providing any
282	282	222 applicable documentation. The Department will remove exempted Buildings
283	283	223 from the Covered Buildings List prior to the March 30 publication date.
284	284	224
285	285	225 (2) Exempt Building Uses. The Department may issue an Exempt Building Uses Guideline
286	286	226 that details the types of Building Uses that are exempt from reporting under 225 CMR
287	287	227 27.05(a)(5). Any such Guideline issued by the Department shall include a process for
288	288	228 Building Owners to submit a request for a Covered Building’s Building Use to be
289	289	229 updated to an exempt Building Use. 23027.06: Building Ownership Changes and Designations
290	290	231 (1)Change in Ownership .
291	291	232 (a)An existing or new Building Owner shall notify the Department of any changes in
292	292	233 ownership for a Covered Building. Such notice shall include:
293	293	234 1.evidence sufficient to demonstrate the transfer of the rights and obligations
294	294	235 to the new owner; and
295	295	236 2.the name, business address, and contact information of the new owner.
296	296	237
297	297	238 (b)Upon review and approval of such notice, the Department shall update the new
298	298	239 owner to be the Building Owner for purposes of 225 CMR 27.00.
299	299	240
300	300	241 (c)If the Department does not receive notice that complies with 225 CMR
301	301	242 27.06(1)(a), all compliance obligations under 225 CMR 27.00 shall remain with
302	302	243 the Building Owner listed in the Covered Buildings List.
303	303	244
304	304	245 (2)Designation of Third-Party as Building Owner . A Building Owner seeking to designate a
305	305	246 third-party as Building Owner for purposes of compliance with 225 CMR 27.00 shall
306	306	247 submit notice to the Department by April 30 of the Compliance Year. Such notice must
307	307	248 be signed by the Building Owner and designee and state that the designee accepts full
308	308	249 responsibility for compliance with the provisions of 225 CMR 27.00 including any
309	309	250 penalties for non-compliance. Upon review and approval of such notice, the Department
310	310	251 shall update the designee to be the Building Owner for purposes of 225 CMR 27.00.
311	311	252
312	312	253 (3)Change in Designated Building Owner . A Designated Building Owner wishing to change
313	313	254 their designation as Building Owner shall submit notice to the Department by April 30 of
314	314	255 the Compliance Year. Such notice shall be signed by the Designated Building Owner
315	315	256 and the new designee and state that the new designee accepts full responsibility for
316	316	257 compliance with the provisions of 225 CMR 27.00 including any penalties for non-
317	317	258 compliance. Upon review and approval of such notice, the Department shall update the
318	318	259 designee to be the Building Owner for purposes of 225 CMR 27.00.
319	319	260
320	320	261 (4)Designation of Third-Party as Reporting Entity. A Building Owner seeking to designate a
321	321	262 third-party as reporting entity for purposes of reporting Building Energy Usage pursuant
322	322	263 to 225 CMR 27.04(3) shall submit notice to the Department by April 30 of the
323	323	264 Compliance Year. Such notice must be signed by the Building Owner and the Reporting
324	324	265 Entity and state that the Reporting Entity accepts responsibility for reporting Energy Use
325	325	266 in accordance with 225 CMR 27.00. Upon review and approval of such notice, the
326	326	267 Department shall update the designee to be the Reporting Entity for purposes of 225
327	327	268 CMR 27.00. Responsibility for compliance with 225 CMR 27.00, including any
328	328	269 penalties for non-compliance, shall remain with the Building Owner.
329	329	27027.07: Disputing Inclusion in Covered Buildings List, Alternative Compliance Pathways, and
330	330	271Reporting Options 272 (1)Disputing Inclusion in Covered Buildings List. If a Distribution Company, Municipal
331	331	273 Utility, or Building Owner wishes to dispute the inclusion of a Large Building on the
332	332	274 Covered Buildings List or any information regarding that Large Building or Parcel
333	333	275 contained in the Covered Buildings List, such entity shall submit a request to the
334	334	276 Department detailing their basis and supporting documentation for such exception not
335	335	277 later than April 30 of the compliance year.
336	336	278
337	337	279 (2)Alternative Compliance Pathways and Reporting Options
338	338	280
339	339	281 (a)Deadline Extension. A Distribution Company, Municipal Utility, or Building
340	340	282 Owner may submit a request for an extension of the deadline to report the
341	341	283 information required under 225 CMR 27.04. Such deadline extension request
342	342	284 must include an explanation of why the entity is not reasonably able to comply
343	343	285 with the June 30 reporting deadline and include a proposed extension date. The
344	344	286 Department shall review such requests on a case-by-case basis.
345	345	287
346	346	288 (b)Requested Modification of Reporting Requirements. A Distribution Company,
347	347	289 Municipal Utility, or Building Owner may submit a request for a modification of
348	348	290 any of the requirements under 225 CMR 27.00. Such a request must include an
349	349	291 explanation of why the entity is not reasonably able to comply with the relevant
350	350	292 provision of 225 CMR 27.00. The Department shall review such requests on a
351	351	293 case-by-case basis.
352	352	294
353	353	295 (c)Covered Buildings Subject to Municipal Benchmarking Policies or Performance
354	354	296 Standards. If a Building Owner is responsible for reporting the energy use of a
355	355	297 Covered Building under Boston’s Building Emissions Reduction and Disclosure
356	356	298 Ordinance, Cambridge’s Building Energy Use Disclosure Ordinance, or other
357	357	299 approved municipal ordinance or by-law, the Building Owner may satisfy their
358	358	300 reporting requirement under 225 CMR 27.04(3) by submitting the same
359	359	301 information they submit to the municipality for the Covered Building to the
360	360	302 Department.
361	361	303
362	362	30427.08: Data Verification
363	363	305 All Building Owners shall self-certify all Energy Usage data submitted by the Building
364	364	306 Owner pursuant to 225 CMR 27.04(3).
365	365	30727.09 Personally Identifying Building Owner and Lessee Information
366	366	308 Personally Identifying Information regarding Building Owners and lessees submitted to
367	367	309 the Department pursuant to 225 CMR 27.00 shall be excluded from any reports published
368	368	310 by the Department and shall not be deemed public records as defined in M.G.L. c. 4, § 7,
369	369	311 clause twenty-sixth; provided however that aggregates of such information may be
370	370	312 included in reports published by the Department and such reports shall be public records.
371	371	31327.10 Annual Building Database and Report 314 (1) Annually by October 31, the Department shall make available on its website energy use
372	372	315 information and the associated greenhouse gas emissions for the Reported Year for each
373	373	316 Covered Building. The information shall be published in database format, fully text-
374	374	317 searchable and readily sortable by municipality, zip code and all the data elements in the
375	375	318 database. The information shall also be published in map format.
376	376	319 (2) Annually by October 31, the Department shall make available on its website an annual
377	377	320 comprehensive report on Large Building Energy Usage utilizing the information and data
378	378	321 collected under 225 CMR 27.00.
379	379	322 (3) The Department may issue a Methodology for Calculating Greenhouse Gas Emissions
380	380	323 Guideline for calculating the associated greenhouse gas emissions from reported Building
381	381	324 Energy Usage on the Department’s website.
382	382	325
383	383	32627.11: Enforcement and Penalties
384	384	327
385	385	328 (1)Distribution Companies. If a Distribution Company fails to provide Energy Usage
386	386	329 required under section 225 CMR 27.04(1) for one or more Covered Buildings, the
387	387	330 Department may take the following enforcement measures:
388	388	331 (a)The Department provides notice to the Distribution Company of all Buildings for
389	389	332 which it is missing Energy Usage data.
390	390	333 (b)A Distribution Company shall respond to the notice in subpart (a) within 30 days
391	391	334 of receipt, or at a later date approved by the Department, with a plan detailing
392	392	335 how it intends to provide the missing Energy Usage data.
393	393	336 (c)If a Distribution Company (i) fails to comply with subpart (b) or (ii), within 90
394	394	337 days of the issuance of the written notification in subpart (a), fails to make a good
395	395	338 faith effort to progress its plan provided pursuant to subpart (b), the Department
396	396	339 may issue a fine of up to $150.00 per Covered Building per day that the missing
397	397	340 Energy Usage information is not provided.
398	398	341
399	399	342 (2)Municipal Utilities. If a Municipal Utility fails to provide Energy Usage required under
400	400	343 section 225 CMR 27.04(2) for one or more Covered Buildings, the Department may take
401	401	344 the following enforcement measures:
402	402	345 (a)The Department shall provide notice to the Municipal Utility of all Buildings for
403	403	346 which it is missing Energy Usage data.
404	404	347 (b)A Municipal Utility shall respond to the notice in subpart (a) within 30 days of
405	405	348 receipt, or at a later date approved by the Department, with a plan detailing how it
406	406	349 intends to provide the missing Energy Usage data.
407	407	350 (c)If a Municipal Utility (i) fails to comply with subpart (b), or (ii) within 90 days of
408	408	351 the issuance of the written notification in subpart (a), fails to make a good faith
409	409	352 effort to progress its plan provided pursuant to subpart (b), the Department may
410	410	353 issue a fine of up to $150.00 per Covered Building per day that the missing
411	411	354 Energy Usage information is not provided. 355
412	412	356 (3)Building Owners.
413	413	357 (a)If a Building Owner fails to provide Energy Usage information required under
414	414	358 section 225 CMR 27.04(3), the Department may take the following enforcement
415	415	359 measures:
416	416	360 1.The Department shall provide notice to the Building Owner of their failure
417	417	361 to provide Energy Usage information.
418	418	362 2.If, after 30 days from the issuance of the written notification in subpart (a),
419	419	363 the Building Owner does not submit the missing Energy Usage
420	420	364 Information, the Department may issue a fine of up to $150.00 per day
421	421	365 that the missing Energy Usage information is not provided.
422	422	366 a.A Building Owner may not pass through a fine assessed pursuant
423	423	367 to 225 CMR 27.11(3)(a)2. to a lessee of a unit within a Covered
424	424	368 Building that comprises less than 5 per cent of the total Gross
425	425	369 Floor Area of the Building.
426	426	370
427	427	371 (4)Lessees. If a lessee that comprises greater than 5% of the total gross floor area of a
428	428	372 Covered Building fails to respond within 30 days to a written request for Energy Usage
429	429	373 information submitted by a Building Owner pursuant to 225 CMR 27.04(3)(a), the
430	430	374 Department may take the following enforcement actions:
431	431	375 (a)The Department shall provide notice to the lessee of their failure to provide
432	432	376 Energy Usage information.
433	433	377 (b)If, after 30 days from the issuance of the written notification in subpart (a), the
434	434	378 lessee does not submit the missing Energy Usage information, the Department
435	435	379 may issue a fine of up to $150.00 per day that the missing Energy Usage
436	436	380 information is not provided.
437	437	381
438	438	38227.12: Inspection
439	439	383 (1) Document Inspection. The Department may audit the accuracy of all information
440	440	384 submitted pursuant to 225 CMR 27.00 for the five calendar years following a Reported
441	441	385 Year. The Department may request and obtain from any Building Owner, Municipal
442	442	386 Utility, or Distribution Company information that the Department determines necessary
443	443	387 to monitor compliance with and enforcement of 225 CMR 27.00.
444	444	388 (2) Audit and Site Inspection. Upon reasonable notice to a Building Owner or designee,
445	445	389 the Department may conduct audits, which may include inspection and copying of
446	446	390 records and/or site visits to a Building including, but not limited to, all files and
447	447	391 documents that the Department determines are related to compliance with 225 CMR
448	448	392 27.00.
449	449	39327.13 Severability 394 If any provision of 225 CMR 27.00 is declared invalid, such invalidity shall not affect
450	450	395 other provisions or applications that can be given effect without the invalid provision or
451	451	396 application.
452	452	397
453	453	398REGULATORY AUTHORITY
454	454	399225 CMR 27.00: M.G.L. c. 25A, § 20 and M.G.L. c. 25A, § 6.