Building Energy Performance Standards
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Summary of Authorizing Law for the Development of Regulations
The Maryland
Climate Solutions Now Act of 2022 requires that the Maryland Department of Environment (MDE) develop Building Energy Performance Standards (BEPS). MDE must develop standards for buildings that achieve the following:
- 20% reduction in net direct Greenhouse Gas (GHG) emissions by January 1, 2030, as compared with 2025 levels for average buildings of similar construction and;
- Net-zero direct GHG emissions by January 1, 2040.
Covered buildings are buildings in Maryland that are 35,000 square feet or larger (excluding the parking garage area). Historic properties, public and nonpublic elementary and secondary schools, manufacturing buildings, and agricultural buildings are exempt. Owners of covered buildings will need to report data to MDE each year beginning in 2025.
The regulations must meet several specified requirements, including the following:
- Include energy use intensity targets by building type, as specified;
- Provide maximum flexibility to the owners of covered buildings;
- Include an alternative compliance pathway allowing the owner of a covered building to pay a fee for GHG emissions attributable to the building’s failure to meet direct GHG emissions reduction targets; and
- Include considerations for the unique needs of particular building or occupancy types, including health care facilities as well as laboratories
Additionally, an owner of a covered building, when calculating the statewide standards developed by MDE pursuant to the bill, may not consider GHG emissions or energy use by a commercial tenant of a covered building that (1) is a food service facility, as specified, and (2) engages in commercial cooking and water heating.
Contact: BEPS.MDE@maryland.gov
Resources on BEPS
