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.