Is Your Condominium on the List? Important LBER Reporting Obligations for 2025

The Massachusetts Department of Energy Resources (DOER or Department) has implemented new energy reporting requirements that directly impact condominium associations across the Commonwealth. If a building is 20,000 square feet or more, the Large Building Energy Reporting (LBER) law applies.

By adhering to fire safety regulations and conducting regular inspections, condominium associations can help protect residents, reduce the risk of catastrophic events, and minimize legal liabilities.

What Buildings Are Covered by LBER?

LBER was established by An Act Driving Clean Energy and Offshore Wind (Chapter 179 of the Acts of 2022, § 41), codified as M.G.L. c. 25A, § 20. The law applies to any building, including condominiums, with a Gross Floor Area of 20,000 square feet or more, located on one or more parcels.

Under LBER, “Distribution Companies” of utilities (electric, gas, steam) are required to report a building’s energy usage annually. However, building owners or their agents are responsible for submitting usage data for other energy sources like oil, propane, wood, and on-site renewable energy systems.

The DOER has released the final Covered Buildings List identifying all properties with reporting obligations due by June 30, 2025.

You can access the interactive map and list of covered buildings here.

What Are the Reporting Requirements?

LBER imposes annual reporting duties on several parties:

1. Distribution Companies- Annually by May 30th, each Distribution Company shall report to the Department all Energy Usage provided by the Distribution Company for all Covered Buildings for the previous calendar year. Such Energy Usage shall be reported at the meter level for each Covered Building unless an exception is approved pursuant to 225 CMR 27.04(1)(c). Such Energy Usage shall be provided for each Covered Building and shall be submitted in a manner established by the Department in its Distribution Company Reporting Guideline.

2. Municipal Utilities- Annually by May 30th, each Municipal Utility shall report to the Department all Energy Usage provided by the Municipal Utilities for all Covered Buildings for the previous calendar year. Such Energy Usage shall be reported at the meter level for each Covered Building unless an exception is approved pursuant to 225 CMR 27.04(2)(b). Such Energy Usage shall be provided for each Covered Building and shall be submitted in a manner established by the Department in its Municipal Utility Reporting Guideline. A Municipal Utility may request to submit Energy Usage aggregated to the Building level for a Covered Building or group of Covered Buildings. Such a request shall detail why the submission of meter level data for the Covered Buildings is not possible or practicable. The Department shall review such requests on a case-by-case basis.

3. Building Owners (Including Condominium Associations)- Annually by June 30th, building owners shall provide all Energy Usage that is not provided by a Distribution Company or Municipal Utility for all Covered Buildings where they are listed on the Covered Buildings List as the building owner. Energy Usage shall be reported using Energy Star Portfolio Manager or any other Department-approved program in a manner to be specified by the Department in its Building Owner Reporting Guideline.

1. Building Owner- The person, persons, entity, or entities listed in the Covered Buildings List as the owner or designated building owner of a Covered Building.

2. Designated Building Owner- A person or entity that has been designated by the building owner pursuant to 225 CMR 27.06(2)-(3) as responsible for compliance with 225 CMR 27.00

4. Campus Designations- building owners that have received approval to designate a collection of Buildings as a Campus pursuant to 225 CMR 27.03(5) shall report Energy Usage for all Buildings on that Campus pursuant to the plan approved by the Department under 225 CMR 27.03(5).

Alternative Compliance Options

If your building cannot comply by June 30^th, you may request a deadline extension or modification of reporting requirements (requests are reviewed on a case-by-case basis).

If you already report under Boston’s Building Emissions Reduction and Disclosure Ordinance (BERDO), or Cambridge’s Building Energy Use Disclosure Ordinance (BEUDO), then no additional reporting is required under LBER. Your municipal reports will satisfy LBER’s requirements.

How to File/Comply

All building owners must file through the Massachusetts BEAM Portal, which provides tools for:

• Uploading building lists

• Entering and validating energy data

Visit the DOER’s Building Owner Guidance page for step-by-step instructions. Additional resources will be made available, including one-page sheets and tutorials.

What If You’re Not Sure Your Condominium Is Covered?

In February 2025, the DOER mailed notification letters to building owners listed on the Covered Buildings List. If you’re unsure:

• Search the list on DOER’s website or through the BEAM Portal.

• If your condominium is under 20,000 sq. ft. and appears on the list in error, you may submit a Dispute Inclusion Form by April 30, 2025.

• You may also apply for an exemption if the building was:

o Vacant for a full calendar year

o Demolished in the previous calendar year

o Vacant more than 50% of the year due to natural causes (fire, flood, damage, etc.)

o Filed or been dissolved in bankruptcy

o Affected by other unique, documented circumstances

What Happens If You Don’t Comply?

Failure to report by June 30th may result in:

1. A written notice from the DOER.

2. A daily fine of up to $150, beginning 30 days after notification.

A building owner may not pass through a fine assessed pursuant to 225 CMR 27.11(3)(a)2. to a lessee of a unit within a Covered Building that comprises less than 5 per cent of the total Gross Floor Area of the Building. If a lessee that comprises greater than 5% of the total gross floor area of a Covered Building fails to respond within 30 days to a written request for Energy Usage information submitted by a building owner pursuant to 225 CMR 27.04(3)(a), the Department may take the following enforcement actions:

1. A written notice from the DOER.

2. A daily fine of up to $150, beginning 30 days after notification.

Key LBER Timeline

• March 30, 2025 – Final Covered Buildings List published

• April 30, 2025 – Deadline to dispute inclusion in the List. Building owners can enter a dispute within the BEAM Portal.

• June 30, 2025 – Reporting deadline for all utilities and building owners

• October 31, 2025 – Public release of building energy data and greenhouse gas emissions reports

The October release will include a searchable online database and map, showing each Covered Building’s reported energy use and emissions profile.

Your Next Steps

1. Check the Covered Buildings List and confirm if your condominium is listed.

2. If listed, begin gathering non-utility energy data and register with BEAM.

3. Submit your report by June 30, 2025.