COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF
ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENERGY RESOURCES
100 CAMBRIDGE ST., 9th FLOOR
BOSTON, MA 02114
Telephone: 617-626-7300
Maura T. Healey Rebecca L. Tepper
Governor Secretary
Kimberley Driscoll Elizabeth Mahony
Lt. Governor Commissioner
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
 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)
_______________
1 225 CMR 27.00: BUILDING ENERGY REPORTING
2 Section
3 27.01: Purpose and Application
4 27.02: Definitions
5 27.03: Covered Buildings List
6 27.04: Reporting Requirements and Process
7 27.05: Reporting Exemptions
8 27.06: Building Ownership Changes and Designations
9 27.07: Disputing Inclusion in Covered Buildings List, Alternative Compliance Pathways, and
10 Reporting Options
11 27.08: Data Verification
12 27.09: Personally Identifying Building Owner and Lessee Information
13 27.10: Annual Building Database and Report
14 27.11: Enforcement and Penalties
15 27.12: Inspection
16 27.13: Severability
17
18 27.01 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
24 27.02 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.
89 27.03: 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
127 27.04: 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