We are providing this important update to our prior newsletter on Mandatory Compliance with Massachusetts Large Building Energy Reporting (LBER) to clarify a key point:

Based on current regulatory language and agency communications, we are comfortable advising our client base that water usage reporting is not required at this time.

Does LBER require reporting of water consumption data?

The LBER regulation defines “energy” to include terms like “hot or chilled water” and “water heating,” which suggests it is referring to building systems — not general water consumption. Notably, the regulation does not explicitly mention general water usage reporting.

This stands in contrast to municipal ordinances like Boston’s BERDO or Cambridge’s BEUDO, which do expressly require water data as part of their benchmarking requirements.

Additionally, the “Purpose” section of the LBER regulation, unlike BERDO, contains no explicit reference to general water consumption reporting.

Special Note for Boston & Cambridge Properties

A related (and frequently asked) question is whether properties already reporting under BERDO or BEUDO need to submit separate reports to the state under LBER.

The LBER regulation states:

“If a Building Owner is responsible for reporting the energy use of a Covered Building under Boston’s Building Emissions Reduction and Disclosure Ordinance, Cambridge’s Building Energy Use Disclosure Ordinance, or other approved municipal ordinance or by-law, the Building Owner may satisfy their reporting requirement… by submitting the same information they submit to the municipality…”

Additionally, the BEAM portal further clarifies:

Boston: Continue reporting to BERDO; you will not need to comply separately with the Massachusetts policy. Compliance information will be shared automatically with the state.
Cambridge: Continue reporting to BEUDO; you will not need to comply separately with the Massachusetts policy.

Thus, for properties in Boston or Cambridge covered by BERDO or BEUDO, no additional LBER action is required at this time.

Our Advisory Position

While LBER is somewhat ambiguous as to the reporting of water usage, our office has confirmed through conversations with our contacts at the Department of Energy Resources (DOER) that, at present, DOER is not requiring the reporting of general water consumption under LBER.

We advise that, unless you are in Boston or Cambridge (where separate municipal requirements apply), you are not currently obligated to collect or report unit-level or common-area water usage data under LBER.

We caution that, absent a formal written policy, there is some risk that DOER could change its position or issue additional guidance in the future. However, based on current regulatory language and agency communications, we are comfortable advising our client base that water usage reporting is not required at this time.

Your Next Steps

1. Review your covered building status under LBER.

2. Focus on gathering non-utility energy data (oil, propane, etc.) as required.

3. If located in Boston or Cambridge, continue following BERDO/BEUDO requirements only.

4. Stay tuned for future updates, as we will continue to monitor DOER communications and issue alerts if new obligations arise.