By Magda Garncarz
Vice President, Government Affairs

Massachusetts companies that own buildings larger than 20,000 square feet will be required to disclose energy usage data for those buildings under new regulations issued by the Massachusetts Department of Energy Resources (DOER).

The regulations are pursuant to legislation passed in 2022 that requires utility companies to report usage data on electricity, gas, and steam on behalf of large buildings that they serve with such utilities. Owners of buildings which use additional sources of energy not provided by a utility company, such as oil, propane, wood, and on-site renewable energy generation, will be required to report their energy usage of those resources on their own.

Below please find a Question & Answer guide of what to expect:

Will I be notified that I need to report my building’s energy usage?

Yes, the DOER is in the process of sending a letter to each owner of a building larger than 20,000 square feet notifying them of their inclusion in the Large Building Energy Reporting (LBER) program. Building owners should expect to receive the letters in early February. If you receive a letter, that means you have been added to the DOER’s Draft Covered Buildings List. You can check this list here to verify whether your building has been added.

What steps do I need to take after receiving notice?

Once you receive notice from the DOER and confirm that your building has been added to the Draft Covered Buildings List, you will need to fill out a Claim My Building Form. This will ensure that the DOER has your correct contact information and will be able to get in touch with you promptly in the future.

What if my building is larger than 20,000 square feet, but I don’t receive notice and do not appear on the Covered Buildings List?

If your building meets the criteria of 20,000 square feet or more, but you can’t find it on the Covered Buildings List and don’t receive a notice, you will need to fill out a Covered Buildings Addition Form. This will enable the DOER to add you to the Covered Buildings List, after which you can fill out the Claim My Building Form.

What if my building was incorrectly added to the LBER Covered Buildings List?

If a mistake has been made and your building was incorrectly added to the Covered Buildings List, even though it’s smaller than 20,000 square feet, you will need to fill out the Dispute Inclusion in Covered Buildings List form by April 30, 2025.

May I receive an exemption?

Yes, your building may receive an exemption if it meets the following criteria:

1. The building was vacant for a full calendar year
2. The building was demolished during the previous calendar year
3. The building was vacant for more than 50% of the year due to natural causes, including but not limited to fire, flood, and wind damage
4. The building owner has filed or been dissolved in bankruptcy
5. Other unique or unforeseen circumstances (DOER will assess)

If you meet one of the above criteria, you will need to fill out an Exemption Request Form and submit it to the DOER by March 15^th.

What are the next steps after verifying or disputing my building’s inclusion in the LBER program?

After you have filled out the necessary online forms that apply to your building, the DOER will finalize the Covered Buildings List and update it to reflect correct information about each included building. The DOER will then send out a second set of notices in March and confirm that you have been included on the final list. 

What are the reporting requirements?

Your utility company will provide the DOER with your electricity, gas, or steam usage data on your behalf. If these are the only energy resources that your building utilizes, you will not have to report anything else. However, if you use additional on-site energy sources, such as oil, propane, wood, and on-site renewable energy generation, you will need to report your energy usage for these resources separately.

The DOER will create reporting guidelines for both utility companies and building owners. More information will be provided by the department on the type of information to report, where to report it, and how, as these guidelines become available. The deadline to report this year will be June 30, 2025.

Is there a penalty for not reporting?

Yes, the DOER may issue a fine of up to $150.00, per building, per each day that the information is not provided past the deadline of June 30, 2025.

What if I already report energy usage under BERDO or BEUDO?

If your building is located in Boston or Cambridge and you already report your energy usage under the BERDO or BEUDO programs, you will not need to report your energy usage again under LBER.

However, both BERDO and BEUDO require reporting from buildings over 25,000 square feet. Therefore, if your building is in Boston or Cambridge and is under 25,000 square feet, but over 20,000 square feet, you will need to report your energy usage to the DOER under LBER.

Where can I find additional resources for building owners?

You can find more information on the DOER’s LBER website and on the Building Performance Helpdesk/Knowledgebase site. For additional questions or information, please don’t hesitate to reach out to me at mgarncarz@aimnet.org.

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