BERDO
Boston’s Building Emissions Reduction and Disclosure Ordinance (BERDO) was passed in 2021 to reduce air pollution and greenhouse gas (GHG) emissions generated by large buildings. The BERDO Review Board (made up of 9 volunteers) oversees the implementation of BERDO to ensure environmental justice. These members are nominated by a community-based organization (6), openly nominated (2), and the Chair of the Boston City Council’s Environmental Justice, Resiliency, and Parks Committee or their designee (1). Reporting and benchmarking is already in effect and compliance with emissions performance standards start in 2025 or 2030 depending on the building size.
What will the impact be?
BERDO aims to reach net-zero emissions by 2050 through retrofits, renewable energy, and energy efficiency to increase comfort, indoor air quality, reduce air pollution, promote hiring and development of green jobs, and invest in a low-carbon and equitable Boston. The city has a goal of making Boston carbon neutral by 2050, stating buildings and transportation make up 99% of the city’s emissions.
Who is affected by this policy?
Individual residential buildings that have 15 or more units
Non-residential buildings that are 20,000 square feet or larger
Any tax parcel with multiple smaller buildings that sum of their square footage totals at least 20,000 square feet or totals 15 residential units
Additionally, mixed-use buildings with more than 50% or more of its gross floor area, excluding parking, used for residential purposes are considered residential and the above requirements apply.
What are the requirements for compliance?
Benchmarking
Buildings are required to benchmark whole building energy and water consumption in ENERGY STAR Portfolio Manager annually by May 15th for the previous calendar year’s data
Reporting
The BERDO Reporting Form must be completed and submitted in addition to completing ENERGY STAR Portfolio Manager benchmarking’s statement of energy performance. This form includes additional data points that are not included in ENERGY STAR Portfolio Manager.
Additionally, third-party verification and reporting by a qualifying party is also required for the first year of reporting and every “Verification Year” after. A qualifying party is a verifier that holds a credential such as Professional Engineer, Licensed Architect, and Certified Energy Auditor and cannot be employed directly by the building owner or property management company.
Performance
Building owners must reduce their emissions from buildings to meet the thresholds set by BERDO. Performance is measured in kilograms of carbon dioxide equivalent (greenhouse gas emissions) per square foot per year. Emissions limits will decrease every five-year period until net zero emissions are reached by 2050.
Penalties
Reporting Penalties: Building owners that fail to do not comply with reporting requirements are subjected to the following fines:
$300 per day for:
Larger residential buildings equal to or greater than 35 units or 35,000 gross square feet
$150 per day for:
Residential buildings equal to or greater than 15 units or 20,000 gross square feet, but less than 35 units or 35,000 gross square feet
3rd Party Verification Penalties: Failure to accurately report information is also a fine subject to $1,000-$5,000 depending on the Review Board. Additionally, this fine is in effect if the third-party verification identifies a discrepancy in the Building Owner’s reporting and the discrepancy is not properly reconciled.
Performance Penalties: Failure to comply with emissions standards are subjected to the following fines:
$1,000 per day for:
residential buildings equal to or greater than 35 units or 35,000 gross square feet
$300 per day for:
Residential buildings equal to or greater than 15 units or 20,000 gross square feet, but less than 35 units or 35,000 gross square feet
Are there exemptions?
BERDO provides “Compliance Mechanisms” and “Flexibility Measures” to help Building Owners.
Compliance Mechanisms refer to options to achieve emissions standards such as renewable energy purchases, Alternative Compliance Payments.
Flexibility Measures refer to different options for Building Portfolios, Individual Compliance Schedules, and more. These measures must be approved by the BERDO Review Board.
Is data publicized?
The City of Boston is required to disclose BERDO reported data annually. This information can be found on the BERDO website and includes metrics such as property name, address, gross floor area, property type, energy usage, compliance status and more.
How do I fund my upgrades?
BERDO’s website contains resources for benchmarking, reporting, and performance to ensure that you are accurate with your submissions. It also contains resources Compliance Mechanisms and Flexibility Measures, as well as a Retrofit Resource Hub to help you understand impactful improvements and financial resources.
GreenT Climate Software provides a streamlined solution to help you stay current on compliance requirements and manage risk. For more information, please contact us.