Enforcement and Penalties

(1) Distribution Companies. If a Distribution Company fails to provide Energy Usage required under 225 CMR 27.04(1) for one or more Covered Buildings, the Department may take the following enforcement measures: (a) The Department provides notice to the Distribution Company of all Buildings for which it is missing Energy Usage data. (b) A Distribution Company shall respond to the notice in 225 CMR 27.11(1)(a) within 30 days of receipt, or at a later date approved by the Department, with a plan detailing how it intends to provide the missing Energy Usage data. (c) If a Distribution Company: 1. fails to comply with 225 CMR 27.11(1)(b); or 2. within 90 days of the issuance of the written notification in 225 CMR 27.11(1)(a), fails to make a good faith effort to progress its plan provided pursuant to 225 CMR 27.11(1)(b), the Department may issue a fine of up to $150.00 per Covered Building per day that the missing Energy Usage information is not provided. (2) Municipal Utilities. If a Municipal Utility fails to provide Energy Usage required under 225 CMR 27.04(2) for one or more Covered Buildings, the Department may take the following enforcement measures: (a) The Department shall provide notice to the Municipal Utility of all Buildings for which it is missing Energy Usage data. (b) A Municipal Utility shall respond to the notice in 225 CMR 27.11(2)(a) within 30 days of receipt, or at a later date approved by the Department, with a plan detailing how it intends to provide the missing Energy Usage data. (c) If a Municipal Utility: 1. fails to comply with 225 CMR 27.11(2)(b); or 2. within 90 days of the issuance of the written notification in 225 CMR 27.11(2)(a), fails to make a good faith effort to progress its plan provided pursuant to 225 CMR 27.11(2)(b), the Department may issue a fine of up to $150.00 per Covered Building per day that the missing Energy Usage information is not provided. (3) Building Owners. If a Building Owner fails to provide Energy Usage information required under 225 CMR 27.04(3), the Department may take the following enforcement measures: (a) The Department shall provide notice to the Building Owner of their failure to provide Energy Usage information. (b) If, after 30 days from the issuance of the written notification in 225 CMR 27.11(3)(a), the Building Owner does not submit the missing Energy Usage Information, the Department may issue a fine of up to $150.00 per day that the missing Energy Usage information is not provided. (c) 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% of the total Gross Floor Area of the Building. (4) Lessees. 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: (a) The Department shall provide notice to the lessee of their failure to provide Energy Usage information. (b) If, after 30 days from the issuance of the written notification in 225 CMR 27.11(4)(a), the lessee does not submit the missing Energy Usage information, the Department may issue a fine of up to $150.00 per day that the missing Energy Usage information is not provided.