Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5110 Latest Draft

Bill / Introduced Version Filed 11/21/2024

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