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BERDO Regulations Development

The Building Emissions Reduction and Disclosure Ordinance (BERDO) requires large buildings in Boston to reduce their greenhouse gas emissions. Regulations set the rules for implementing BERDO.

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The Building Emissions Reduction and Disclosure Ordinance (BERDO) requires large buildings in Boston to:

  • report their annual energy and water use to the City, and
  • reduce their greenhouse gas emissions over time.

BERDO is an important tool for helping Boston meet its climate goals. The first step for implementing BERDO is to develop and adopt regulations. The Air Pollution Control Commission reviews and adopts all BERDO regulations.

The Air Pollution Control Commission is proposing clarifying edits and corrections of typos to BERDO regulations. You can find red-lined and clean versions in this folder. If you would like to provide comments you may submit written comments to apcc@boston.gov. Written comments will be accepted until 5 p.m. on Monday, April 15, 2024. The public will have further opportunity to provide comments during an upcoming hearing of the Air Pollution Control Commission on April 17 at 2:30 p.m.

Adopted Regulations and Policies

Regulations and Policies
Adopted Regulations (April 18, 2024)
Adopted Policies (December 20, 2023)

Phase III: Flexibility Measures, Equitable Emissions Investment Fund, and Fines & Enforcement

Phase III
Phase 3 of BERDO Regulations Development launched on March 6, 2023 and covered the following topics:
  • Compliance with Emissions Standards
  • Building Portfolios
  • Individual Compliance Schedules
  • Hardship Compliance Plans
  • Equitable Emissions Investment Fund 
  • Fines and enforcement
  • Additional regulations as needed
DECEMBER 20 SPECIAL APCC HEARING ON BERDO
NOVEMBER 15 APCC HEARING ON BERDO REGULATIONS
OCTOBER 18 APCC HEARING ON BERDO ON BERDO REGULATIONS
SEPTEMBER 27 SPECIAL APCC HEARING ON BERDO REGULATIONS
AUGUST 23 WORKING SESSION ON THE EQUITABLE EMISSIONS INVESTMENT FUND
AUGUST 22 TECHNICAL WORKING SESSION ON HARDSHIP COMPLIANCE PLANS
AUGUST 16 APCC HEARING ON BERDO REGULATIONS
JULY 19 APCC HEARING ON BERDO REGULATIONS
MAY 23 APCC SPECIAL HEARING ON BERDO REGULATIONS
APRIL 5 TECHNICAL WORKING SESSION ON INDIVIDUAL COMPLIANCE SCHEDULES
MARCH 29 TECHNICAL WORKING SESSION ON BUILDING PORTFOLIOS
MARCH 6 LISTENING SESSION TO LAUNCH PHASE 3

PHASE II: REVIEW BOARD, EMISSIONS ACOUNTING, AND RENEWABLE ENERGY PURCHASES

PHASE II

Phase 2 Regulatory Topics

Phase 2 was divided into two parts:

Phase 2.a focused on the following topics: 

  • Review Board member nomination and selection process and other rules and policies related to the seating and operation of the Review Board.
  • Designating a tenant as an owner
  • Blended emissions standards
  • Changing building ownership
  • Reporting for buildings in special circumstances

The Air Pollution Control Commission adopted the Phase 2.a regulations and policies at a public hearing on December 14, 2022. 

Phase 2.b focused on the following topics:

  • Emissions factors
  • Additional compliance mechanisms including renewable energy purchases

The Air Pollution Control Commission adopted the Phase 2.b regulations and policies at a public hearing on January 25, 2023. 

Phase 2 Community Engagement Process

The table below summarizes the main components of the community engagement process for Phase 2 regulations. 

Community Leads Meetings

Technical Working Sessions

Focus Groups

Air Pollution Control Commission

Special meetings with community partners

Public meetings on Zoom. Technical experts invited.

Special meetings to go deep into specific topics

Public meetings on Zoom 
  • Advise on community needs and priorities.
  • Engage residents.
  • Inform and provide feedback on regulations. 
  • Ensure the regulations and implementation of BERDO are aligned with environmental justice and equity.
  • Provide technical feedback  on regulations
  • Convening of specific groups to have in-depth discussions on relevant issues.
  • Scheduled as needed.
  • Series of monthly meetings.
  • City presents proposals, draft language, and public comments on regulations.
  • Commission provides direction and open public comment periods when appropriate.

phase 2 timeline highlights:

Meetings publicly noticed and accessible via the City of Boston public notices website.

  • September 28, 2022 (APCC Special Hearing):  City presented first proposals for regulations.
  • October 19, 2022 (APCC Monthly Hearing): City submitted draft regulations language. The APCC voted to open a public comment period on Phase 2 regulations.
  • November 16 , 2022 (APCC Monthly Hearing): Discussion of feedback from public comment period. APCC voted to open a second public comment period on Phase 2.a regulations.
  • December 14, 2022 (APCC Monthly Hearing): Discussion of feedback from public comment period. APCC voted to approve Phase 2.a regulations and open a second public comment period on Phase 2.b regulations.
  • January 24, 2023 (APCC Monthly Hearing): Discussion of feedback from public comment period. APCC voted to approve Phase 2.b regulations.

PAST Meeting Materials

Air Pollution Control Commission Hearings
Setpember 21 Working Session

Topic: District Energy Emissions Factors

September 14 Working Session

Topics: Grid Emissions Factors, Renewable Energy Purchases, Fossil Fuel Emissions Factors

September 7 Working Session

Topics: Blended Emissions Standards, Change of Ownership, Designating a Tenant as "Owner", and vacant buildings.

August 18 Listening Session on emissions topics
July 19 Listening Session on Review Board regulations

Phase I: Reporting and Verification

Phase I
On March 16, 2022, the Air Pollution Control Commission adopted Phase I BERDO Regulations following an extensive public process. 

Second Public Comment Period

February 18, 2022 - March 11, 2022

First Public Comment Period

January 21, 2022 - February 11, 2022

INFORMAL Comment Period

December 20, 2021 - January 14, 2022

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