The City of Newton Building Emissions Reduction and Disclosure Ordinance (BERDO) is a citywide energy benchmarking & disclosure program requiring owners of existing buildings to report energy and building use annually, using ENERGY STAR® Portfolio Manager®. Effective as of December 2024, this program provides building owners insight into their building’s energy efficiency and helps meet the City of Newton’s goal for buildings to reach net zero by 2050.

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WHAT BUILDINGS ARE COVERED UNDER NEWTON BERDO?

Property Size

All existing buildings over 20,000 Sq. Ft.

WHAT INFORMATION IS REQUIRED FOR BENCHMARKING?

Annual benchmarking reporting requires 12 calendar months of whole-building energy, and building use data. For example, in 2025, building owners must report 12 months of 2024 data.

WHEN ARE NEWTON BERDO BENCHMARKING REPORTS DUE?

Non-residential buildings ≥ 100,000 Sq. Ft. report beginning September 15, 2025 and annually thereafter.

Non-residential and residential buildings ≥ 20,000 Sq. Ft. report beginning September 15, 2026 and annually thereafter.

Benchmarking reports must be submitted on an annual basis using the previous year’s data via ENERGY STAR® Portfolio Manager®. This is the EPA’s benchmarking tool that is used for compliance reporting in most ordinances across the country.

WHAT INFORMATION IS REQUIRED FOR BPS?

Building Performance Standards (BPS) are often considered Phase II of these building energy use ordinances. After reporting your benchmarking data, many ordinances require you to make changes to the building’s operations or equipment to lower energy use over time.

Under Newton BERDO only non-residential properties must reduce emissions. Buildings will need to be below the maximum threshold of emissions (measured in total kilograms of CO2e Emissions per square foot) for their designated building type.

WHEN ARE NEWTON BERDO BPS REPORTS DUE?

Covered buildings must reduce and report greenhouse gas emissions during the periods outlined below, or pay an alternative compliance payment (ACP). Each 5-year period is assigned an emission reduction target based on building use type. All must achieve and maintain net zero emissions from 2050 onwards.

Tier 1 Buildings
  • Non-residential buildings over 100,000 Sq. Ft.
  • Compliance cycles:
    • 2027-2032
    • 2033-2038
    • 2039-2044
    • 2045-2049
Tier 2 Buildings
  • Non-residential buildings between 50,000 and 100,000 Sq. Ft.
  • Compliance cycles:
    • 2028-2033
    • 2034-2039
    • 2040-2044
    • 2045-2049
Tier 3 Buildings
  • Non-residential buildings between 35,000 and 50,000 Sq. Ft.
  • Compliance cycles:
    • 2029-2034
    • 2035-2039
    • 2040-2044
    • 2045-2049
Tier 4 Buildings
  • Non-residential buildings between 20,000 and 35,000 Sq. Ft.
  • Compliance cycles:
    • 2030-2034
    • 2035-2039
    • 2040-2044
    • 2045-2049

WHAT IS THIRD-PARTY DATA VERIFICATION?

Third-party data verification requires owners/managers of covered buildings to hire a third-party expert who will independently review and verify the building’s benchmarking data.

Under Newton BERDO, data verification is required in the building’s second year of benchmarking reporting and every 5 years thereafter.

WHAT ARE THE PENALTIES IF YOU DON'T COMPLY WITH NEWTON BERDO?

Newton BERDO violations may result in a $300 penalty per violation per day it continues. Each day a violation continues constitutes a separate offense.

HOW DO I COMPLY WITH NEWTON BERDO?

CONTACT US HERE to learn more and get started with compliance. We perform benchmarking, third-party verification, and building performance services.

Newton BERDO compliance can be confusing and hard to navigate. Bringing on a consultant like Green Econome streamlines the entire process while ensuring accurate reporting. We also offer free consultations with our benchmarking clients to review the reports and identify inefficiencies to improve.

WHEN SHOULD I START NEWTON BERDO COMPLIANCE?

While each service varies, the process of benchmarking, or analyzing data, can take 3-6 months on average. Ordinances such as Newton BERDO are already in effect across the country, and deadlines are rapidly approaching. Retrieving historical building data will take time, especially when coordinating with property managers and utilities.

Waiting until the last minute risks missing compliance windows, resulting in fines and enforcement penalties. Green Econome takes every measure to ensure complete and accurate data collection. The sooner you reach out, the sooner you will reach compliance.

GREEN ECONOME PROCESS

With every phase of the process, Green Econome’s experienced and knowledgeable team is here to guide you on the results, options, and path forward to meet your compliance goals.

RELEVANT SERVICES

The City of Cambridge Building Energy Use Disclosure Ordinance (Cambridge BEUDO), is a citywide energy benchmarking & disclosure program requiring owners of existing buildings to report energy and water use annually, using ENERGY STAR® Portfolio Manager®. Effective as of June 2023, this program provides building owners insight into their building’s energy efficiency and helps meet the City of Cambridge’s Climate Action Plan goals.

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WHAT BUILDINGS ARE COVERED UNDER CAMBRIDGE BEUDO?

Property Size

Commercial buildings over 25,000 Sq .Ft. or 50+ residential dwelling units.

Municipal buildings over 10,000 Sq. Ft.

WHAT INFORMATION IS REQUIRED FOR BENCHMARKING?

Annual benchmarking reporting requires 12 calendar months of whole-building energy, water, and building use data. For example, in 2025, building owners must report 12 months of 2024 data.

WHEN ARE CAMBRIDGE BEUDO BENCHMARKING REPORTS DUE?

May 1, annually. Benchmarking reports must be submitted on an annual basis using the previous year’s data via ENERGY STAR® Portfolio Manager®. This is the EPA’s benchmarking tool that is used for compliance reporting in most ordinances across the country.

WHAT INFORMATION IS REQUIRED FOR BPS?

Building Performance Standards (BPS) are often considered Phase II of these building energy use ordinances. After reporting your benchmarking data, many ordinances require you to make changes to the building’s operations or equipment to lower energy use over time.

Cambridge BEUDO requires covered properties to meet Greenhouse Gas (GHG) Emissions reductions requirements on a schedule outlined below. These reductions use the baseline years 2018-2019, meaning they must meet the reduction targets relative to the data from those years.

WHEN ARE CAMBRIDGE BEUDO BPS REPORTS DUE?

For Buildings Over 100,000 Sq. Ft.

Compliance Period 1 (2026-2029) – annual GHG emissions must be reduced by at least 20% from baseline.

Compliance Period 2 (2030-2034) – annual GHG emissions must be reduced by at least 60% from baseline.

From 2035 onwards, GHG emissions will not exceed zero.

For Buildings Between 25,000 Sq. Ft. and 100,000 Sq. Ft.

Compliance Period 1 (2026-2029) – annual GHG emissions cannot be more than emissions from the baseline year.

Compliance Period 2 (2030-2034) – annual GHG emissions must be reduced by at least 40% from baseline.

Compliance Period 3 (2035-2039) – annual GHG emissions must be reduced by at least 60% from baseline.

Compliance Period 4 (2040-2044) – annual GHG emissions must be reduced by at least 80% from baseline.

Compliance Period 5 (2045-2049) – annual GHG emissions must be reduced by at least 90% from baseline.

From 2050 onwards, annual GHG emissions will not exceed zero.

WHAT IS THIRD-PARTY DATA VERIFICATION?

Third-party data verification requires owners/managers of covered buildings to hire a third-party expert who will independently review and verify the building’s benchmarking data.

Under Cambridge BEUDO, data verification was required for the two baseline years (2018-2019) and is required during the first year of each BPS compliance period.

WHAT ARE THE PENALTIES IF YOU DON'T COMPLY WITH CAMBRIDGE BEUDO?

BEUDO violations will result in:

  • A written warning for first violation

  • Fines of $300 per violation, per day for any subsequent violations

    • Each day that a property remains in violation will be considered a separate offense

These penalty guidelines apply individually to all aspects of the ordinance including, benchmarking, data verification, and emissions reduction requirements.

HOW DO I COMPLY WITH CAMBRIDGE BEUDO?

CONTACT US HERE to learn more and get started with compliance.

Cambridge BEUDO compliance can be confusing and hard to navigate. Bringing on a consultant like Green Econome streamlines the entire process while ensuring accurate reporting. We also offer free consultations with our benchmarking clients to review the reports and identify inefficiencies to improve.

WHEN SHOULD I START CAMBRIDGE BEUDO COMPLIANCE?

Ordinances such as Cambridge BEUDO are already in effect across the country, and deadlines are rapidly approaching. Retrieving historical building data will take time, especially when coordinating with property managers and utilities.

Waiting until the last minute risks missing compliance windows resulting in fines and enforcement penalties. Green Econome takes every measure to ensure complete and accurate data collection. The sooner you reach out, the sooner you can achieve compliance.

GREEN ECONOME APPROACH

With every phase of the process, Green Econome’s experienced and knowledgeable team is here to guide you on the results, options, and path forward to meet your compliance goals.

RELEVANT SERVICES

TABLE OF CONTENTS
COMPLIANCE GUIDE

WHAT IS THE BOSTON BUILDING EMISSIONS REDUCTION AND DISCLOSURE ORDINANCE (BERDO)?

BERDO is a local law that aims to reduce air pollution and greenhouse gas emissions generated by large buildings in Boston. Owners of buildings subject to BERDO are required to report their buildings’ annual energy and water consumption. Starting in either 2025 or 2030, they will also need to comply with building emissions standards (i.e., emissions limits). The emissions standards set by BERDO decrease over time, with all buildings expected to reach net-zero emissions by 2050. 

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BERDO PROGRAM HIGHLIGHTS

Policy

BUILDING EMISSIONS REDUCTION AND DISCLOSURE

Bill Text

BERDO ORDINANCE

Enforcing Agency

CITY OF BOSTON ENVIRONMENT DEPARTMENT

Size of Property

RESIDENTIAL: 15+ UNITS
NON-RESIDENTIAL: 20,000 SQ. FT. AND ABOVE

Property Type

COMMERCIAL, RESIDENTIAL, MULTIFAMILY BUILDINGS

Required Information

12 MONTHS ENERGY, WATER, AND BUILDING USE DATA

Phase II Building Performance
Standards

BUILDING EMISSIONS STANDARD

Benchmarking Due Date

MAY 15, ANNUALLY

Fines for Non-Compliance

BENCHMARKING: $150 – $300/DAY
EMISSION STANDARDS: $300 – $1,000/DAY
ACCURATE REPORTING: $1,000 – $5,000

EXEMPTIONS FROM BERDO BENCHMARKING

Owners with extenuating circumstances may file a request with the Environment Department to report information required by Section 7-2.2 on a basis other than the building

THIRD PARTY VERIFICATION REQUIREMENT

As a part of Boston’s Building Emissions Reduction and Disclosure Ordinance, you must hire a third-party qualified energy professional to verify your reported data. Third-party verification is required for the first year of reporting and every “Verification Year” thereafter. Verification Years include: 

  • 2022
  • 2026
  • 2031
  • 2036
  • 2041
  • 2046
  • 2051

BERDO BENCHMARKING PROGRAM ENFORCEMENT

  • $300/day for Residential and Non-Residential Buildings +35 units or > 35,000 sq ft. 
  • $150/day for Non-Residential Buildings > 20,000 sq ft but < 35,000 sq ft or 15+ units but less than 35 units. 

PHASE II BUILDING PERFORMANCE STANDARDS 

In addition to the reporting requirement, every five years, buildings must show they have taken action to reduce their energy use or emissions by 15 percent or conducted a detailed assessment of options to reduce their energy use. In 2019, the first cohort of buildings that began reporting to BERDO are now completing the energy action and assessment requirement.  

Buildings can decrease their emissions by 1) reducing energy use and transitioning away from fossil fuels, 2) using or buying renewable energy, or 3) investing in environmental justice communities through Alternative Compliance Payments. 

OPTION 1: Reduce Energy Use in Building

The most impactful approach you can take is to reduce your building’s overall direct emissions through building retrofits or improvements. This includes: • Upgrading to high efficiency electric appliances • Replacing fossil fuels with electricity for heating and cooling systems • Improving insulation • Tightening window seals • Adding energy-efficient lighting such as LED bulbs. 

OPTION 2: Obtain Renewable Energy

Reduce your building emissions from electricity with eligible renewable energy. Renewable energy can only be used to reduce emissions from electricity. Boston Community Choice Electricity (BCCE) Sign up for the Green 100 plan through the City of Boston’s CCE program to receive 100% renewable electricity. Commercial and industrial accounts cannot exceed 1.5 million kWh/yr to be eligible. Solar Energy Solar generated on-site or anywhere in Boston can be used for compliance. If you are buying solar energy, or related energy credits, from a project outside of Boston, please reach out to the BERDO team to confirm its eligibility. Renewable Energy Certificates (RECs) MA Class I RECs certify that the electricity was created using non-emitting renewable energy generated in New England. Power Purchase Agreements (PPA) A PPA is a long term contract to buy renewable energy. BERDO has specific requirements for PPAs. 

OPTION 3: Invest in Your Communities’ Decarbonization

You can comply with emissions standards and mitigate your emissions from fossil fuel and electricity use by making an Alternative Compliance Payment (ACP). ACPs go into the new Equitable Emissions Investment Fund, which will fund future decarbonization projects in Boston’s environmental justice communities. ACPs are payments of $234 for every metric ton of CO2e a building is above its emissions limit. ACPs can be made annually to keep your building in compliance. Please note, ACPs are not the same as fines. An ACP is considered a compliance mechanism under BERDO. 

EMISSIONS STANDARDS COMPLIANCE SCHEDULE

Click here to get the full list of compliance dates.

ENERGY USE EXEMPT FROM EMISSIONS REQUIREMENTS

  • In the event that Emergency Backup Generation/Backup Power or EVSE serve, or have the potential to serve, multiple Buildings in a Building 11 Portfolio, the Energy use from such activities shall be allocated for individual Buildings in proportion to the square footage of each Building.
  • Emergency Backup Generation/Backup Power provides Energy only to the Building or Building Portfolio. 
  • Electrical Vehicle Supply Equipment is separately metered or EVSE is capable of tracking and reporting accurate energy usage, and EVSE meets specifications as defined by the Regulations.
  • Building Owners annually report (i) Energy used by Emergency Backup Generation / Backup Power and Electrical Vehicle Supply Equipment; (ii) the date(s), hour(s) and conditions that required the use of Emergency Backup Generation/Backup Power; and (iii) any other information required by the Regulations. Such reporting shall be subject to the self-certification and third-party verification procedures in section (h).

HARDSHIP COMPLIANCE PLAN

Alternative emissions reduction targets and/or timelines for a Building or Building Portfolio. A Building Owner may apply to the Review Board for a Hardship Compliance Plan if there are Building characteristics or circumstances that present a hardship in complying with the Emissions standards in this Ordinance. Such characteristics or circumstances, to be detailed in the Regulations, may include historic Building designations, affordable housing refinancing timelines, pre-existing long-term Energy contracts without reopeners, or financial hardship.

PENALTIES FOR EMISSION STANDARDS

$1000/day for Residential and Non-Residential Buildings +35 units or > 35,000 sq. ft.

$300/day for Residential and Non-Residential Buildings > 20,000 sq ft but < 35,000 sq. ft. or 15+ units but less than 35 units. 

GREEN ECONOME PHASE II PROCESS

    1. Evaluate the Phase I benchmarking report(s) for the building’s least-cost path to Phase II compliance (or complete benchmarking, if annual disclosure hasn’t been met).
    2. Provide Third Party Verification (if we have not already benchmarked for those buildings).
    3. Provide Phase II proposals for applicable services.
    4. Upon signed agreement, fulfill Phase II services, submit compliance requirements to the City, and provide reports to the building owner/representative.