Legislative Background

Back to Benchmarking and Performance Standard Requirements

In May 2014, Montgomery County adopted a Building Benchmarking Law and amended the original legislation by Bill 35-15 Environmental Sustainability – Benchmarking – Amendments in November 2015.

In 2022, amendments went into effect following the passage of Bill 16-21, Building Energy Use Benchmarking and Performance Standards - Amendments. This amendment expanded the number of buildings covered by the benchmarking requirement and established the framework of building energy performance standards (BEPS).

In February 2025, County Council voted unanimously to approve Executive Regulation #17-23AM, Building Energy Performance Standards, which establish several key parameters of the BEPS program. View the final Buiding Energy Performance Standards regulation.

The regulations:

  • Set final energy performance standards for each building type;
  • Cap each building's maximum required final performance standard at 30% of the building's baseline;
  • Provide a renewable energy allowance for electricity generated from onsite renewable energy systems;
  • Outline requirements for Building Performance Improvement Plans (BPIPs), an alternative compliance pathway for buildings with qualifying scenarios (including economic infeasibility or circumstances outside of owner’s control);
    • Economic infeasibility means that the interim or final performance standard cannot be met by implementing a package of cost-effective energy improvement measures.
  • Define cost effective energy improvement measures as those that payback within of the lifespan of the measure or, for specially designated buildings, within 10 years of each measure.
    • Specially designated buildings include affordable housing buildings; common ownership communities; multifamily buildings subject to rent stabilization; non-profit-owned buildings; and local, small-business-owned buildings. 

Building Energy Use Benchmarking and Performance Standards Law and BEPS Regulation Legislative History

2021

2022

  • January: Montgomery County joined forces with state and local governments across the country in the White House Council on Environmental Quality’s National Building Performance Standard (BPS) Coalition. Through the coalition, Montgomery County commits to increase community and local stakeholder engagement to co-design BPS and complementary policies and programs with the goal of adopting BPS programs by Earth Day 2024. See the County’s announcement.
  • March 14: T&E Committee received a briefing on the BEPS Technical Report (staff packet (PDF)) and held a third work session on BEPS (staff packet (PDF) / recording of briefing and work session).
  • March 28: T&E Committee reviewed amendments to bill 16-21 (staff packet (PDF)) and held a final work session on BEPS (recording of work session). The T&E Committee unanimously voted Bill 16-21 out of committee and Bill 16-21 will go before the full Council for review and final votes.
  • April 19: County Council voted unanimously to pass bill 16-21, Environmental Sustainability - Building Energy Use Benchmarking and Performance Standards - Amendments (staff packet (PDF)). Regulations will be issued by December 31, 2023.
  • May 2: County Executive Elrich signed Bill 16-21 into law (recording of the bill signing event). The Bill took effect on July 31, 2022, 90 days after signing.

2023

  • November 1: Draft executive regulations related to BEPS implementation appeared in the November, 2023 County Register, for a public, 30-day comment period that ended November 30, 2023.

2024

  • January: Transmittal packet of proposed BEPS regulations (PDF) (including Building Performance Improvement Board recommendations, public comments received, and proposed regulations) was issued to County Council. 
    • The full transmittal packet of proposed BEPS regulations (PDF) contains memos outlining regulation content (page 1), the Building Performance Improvement Board's summary recommendation report on BEPS regulations (page 7), and All comments received during the 30-day public comment period (page 37).
  • February: Council approved a resolution to extend the deadline for consideration of Executive Regulation 17-23, Building Energy Performance Standards to September 30, 2024. 
  • The Transportation & Environment Commitee held a series of work sessions on proposed BEPS regulations:
    • January 24 - discussion with hospital stakeholders (staff packet / recording)
    • February 26 - discussion with affordable housing stakeholders (staff packet / recording)
    • March 18 - discussion with life sciences and biotech stakeholders (staff packet / recording)
    • July 15 - discussion with multifamily housing stakeholders (recording)
    • September 16 - Financial Issues/Green Bank (recording)
    • September 23 - discussion with faith community (recording)
    • Full Building Energy Performance Standards T&E Committee Panel Discussion Testimony
  • September: Council approved another resolution to extend the deadline for consideration of Executive Regulation 17-23, Building Energy Performance Standards to February 28, 2025.

2025

  • January 22: A transmittal packet of modified BEPS regulations, 17-23AM, was issued to County Council.
  • January 30: The Transportation and Environment Committed voted unanimously to approve the modified BEPS regulations. (staff packet / recording)
  • February 11: The County Council held a work session on Executive Regulation 17-23AM. (staff packet / recording)
  • February 25: County Council voted unanimously to appove Executive Regulation #17-23AM, Building Energy Performance Standards (staff packet / recording / Council press release)