Maryland's Building Energy Performance Standards for Buildings 35,000 Square Feet and Larger
State Law:
The Climate Solutions Now Act of 2022 requires the Maryland Department of the Environment (MDE) to develop Building Energy Performance Standards (BEPS). MDE must develop standards for buildings that, among other requirements, achieve:
- A 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.
MDE Regulations: MDE's regulatory function, such as for BEPS, occurs through a coordinated effort including internal and external reviews from stakeholders, other agencies, the general public, and other units affected by the regulations. Draft regulations are presented to the Air Quality Control Advisory Council (AQCAC) for advice and adoption recommendations. Each proposed regulation is then published in the Maryland Register with details about how and when to submit comments. The Maryland Register is an official publication of the State of Maryland that is published every two weeks.
Current Status: MDE initiated a rulemaking in the summer of 2022, met with stakeholders throughout the fall of 2022, and completed a draft regulation in March 2023. From May 15 through June 5, 2023, MDE shared its draft Maryland BEPS regulation on this webpage and invited stakeholders to provide comments before MDE presents the draft to AQCAC in September and before the formal promulgation process begins. Thanks to all who provided comments. There will be another opportunity to submit comments when the proposed regulation is published in the Maryland Register in the Fall of this year.
Maryland BEPS Webinars:
Learn about building energy performance standards, background about the regulation in Maryland, and the process Maryland uses to adopt new regulations. The videos are provided on the right side of this webpage.
Preparing for Benchmarking and BEPS: Several programs exist to support energy efficiency with financing and incentives such as the MD PACE program,EmPOWER Maryland,
The Department of Housing and Community Development, and others. The Building Energy Implementation Task Force is a new Task Force, created by the Climate Solutions Now Act of 2022, to recommend programs, policies, and incentives aimed at reducing greenhouse gas emissions from the buildings sector and develop a plan for funding the retrofit of covered buildings to comply with BEPS, and to discuss related decarbonization needs for technologies and strategies.
For More Information
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MDE Air and Radiation Administration Regulations
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Maryland Register
- The U.S. Environment Protection Agency (EPA) provides an
introduction
to Building Performance Standards. - Benchmarking Building Data with
EPA’s ENERGY STAR Portfolio Manager
- List of available U.S. Department of Energy tools.
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DOE Better Buildings Initiative provides helpful resources relating to funding opportunities, best practices, and webinars for the energy efficiency improvement of homes, commercial buildings, and industrial plants.
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National Database of State Incentives for Renewables & Efficiency (DSIRE). DSIRE is managed by the North Carolina Clean Energy Center. It provides information about renewable energy and energy efficiency incentives for states that may include grants, tax credits, and loans.
- Maryland Energy Administration - Maryland's state energy office and the administrator of multiple incentive, loan, and technical assistance programs to assist in improving building energy efficiency, adopting clean energy, transitioning to clean transportation fuels, and improving energy affordability.
- The ENERGY STAR Licensed Professional Finder provides a list of professional engineers (PE) and registered architects (RA) that can provide ENERGY STAR verifications. This resource allows for the comparison of different quotes and provides an option for a “cost-free verification offered for nonprofit organizations, religious organizations, or other smaller organizations.
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The Inflation Reduction Act of 2022 has expanded tax credits available under the Energy-Efficient Commercial Buildings Tax Deduction (Section 179D). Eligible entities include owners and lessees of commercial buildings, as well as designers of energy-efficient building property. The federal tax deduction increased from $1.80 a square foot to up to $5.00 a square foot.
Contact: BEPS.MDE@maryland.gov
