Building Energy Performance Standards
Contact Energy@MontgomeryCountyMD.gov if you are interested in having DEP present on BEPS.
In December 2017, Montgomery County declared a climate emergency and accelerated our community-wide climate goals to be carbon neutral by 2035. The residential and commercial building sectors combine to contribute 50% of greenhouse gas emissions in Montgomery County. The County is proposing a variety of programs and policies to mitigate emissions in new and existing buildings, including a Building Energy Performance Standard for commercial and multifamily buildings.
Download the BEPS one-pager (PDF 758KB) or BEPS Frequently Asked Questions (PDF 363KB) for an overview. DEP also complied a Benchmarking and BEPS FAQ for Common Ownership Communities.
Quick Links
- What is BEPS?
- Stakeholder Work Group
- Policy Elements of BEPS in Montgomery County
- BEPS Legislative Process
- BEPS Advisory Board
- Regulations
- BEPS Technical Report
- BEPS Presentations and Resources
- Next Steps
What is BEPS?
Building Energy Performance Standards (BEPS) are policies that establish performance levels for buildings and drive all buildings that BEPS covers to achieve these levels in the long-term with required progress at regular intervals in the interim. A BEPS sets a minimum threshold for energy performance for existing buildings, which are based on and measured against a building’s demonstrated energy performance, as shown in their benchmarking data. See IMT’s primer on BEPS.
Stakeholder Workgroup
In early 2020, DEP engaged stakeholders in a working group to vet policy elements of a Building Energy Performance Standard. Participants included the commercial and multifamily building communities and those that serve them including advocacy groups, utilities, energy contractors, and County government representatives. During the stakeholder work session meetings, attendees reviewed building performance policy models adopted by other jurisdictions, including Washington, DC, New York City, and St. Louis, and developed recommendations on a BEPS policy that balances the challenges of a climate emergency with the realities of the County’s varied building stock.
In pursuing building energy performance standards, Montgomery County was one of four jurisdictions selected for the 2020 cohort of the City Energy Project, a national initiative from the Natural Resources Defense Council and the Institute for Market Transformation that supports innovative, practical solutions that cut energy waste, boost local economies, and reduce harmful pollution. In Montgomery County, the City Energy Project technical support team has assisting in the development and implementation of the first-ever BEPS policy at the county level.
Learn more about BEPS and review the Stakeholder Recommendation Report (September 2020)
Policy Elements of BEPS in Montgomery County
BEPS POLICY OVERVIEW
- The County has developed BEPS that aligns with goals for climate and racial/social equity, balances flexibility with immediate action, provides certainty and transparency for building owners and tenants, and spurs jobs and economic growth.
- Covered buildings are grouped by building type and a long-term performance standard is created for each building type.
- After 5 years, buildings are evaluated as to whether they are meeting the interim target: calculated as straight line from baseline to final standard.

BUILDING PERFORMANCE IMPROVEMENT PLANS
- If a building cannot reasonably meet the Interim or Final Performance Standards due to economic infeasibility or other circumstances beyond the owner’s control, the County can accept a Building Performance Improvement Plan
- The owner must meet the actions and timelines in an approved Building Performance Improvement Plan to be considered “in compliance”
- Plans are reviewed by an Advisory Board with technical expertise
METRIC
- Measuring energy use directly controlled by the building owner
- Easy to understand
- Can be normalized for weather and operations
- Readily available in ENERGY STAR Portfolio Manager for reporting, which is consistent with Benchmarking Law requirements
- Favors electrification—a key strategy for reducing community-wide GHG emissions
COVERED BUILDINGS
- County buildings and Groups 1 & 2: County and privately-owned nonresidential buildings 50,000 gross square feet and larger;
- Group 3: County and privately-owned nonresidential buildings 25,000 to 50,000 gross square feet, and buildings previously exempted by the Benchmarking Law;
- Group 4: Multifamily residential buildings 250,000 gross square feet and greater;
- Group 5: Mulrifamily residential buildings 25,000 to 250,000 gross square feet.
TIMING

- 2022: Legislation passes; establish Advisory Board
- 2023: Issue regulations; establish BEPS baselines for County, Groups 1 & 2 buildings through regulation; Group 3 & 4 submits first benchmarking reports
- 2024: Group 5 submits first benchmarking reports
- 2028: Interim BEPS standard for County, Groups 1 & 2 buildings
- 2030: Interim BEPS standard for Group 3 & 4 buildings
- 2031: Interim BEPS standard for Group 5 buildings
- 2033: Final BEPS standard for County, Groups 1 & 2 buildings
- 2035: Final BEPS standard for Group 3 & 4 buildings
- 2036: Final BEPS standard for Group 5 buildings
BEPS Legislative History
The first Council Transportation & Environment Committee work session on BEPS occurred on October 28, 2021 ( staff packet / slides (PDF, 1.49MB) / recording). The second work session occurred on December 9, 2021 ( staff packet / slides (PDF, 648KB) / recording).
On January 21, 2022, 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.
On April 1, 2021, the County Executive transmitted the Building Energy Performance Standard legislation to the Council. Download the full transmittal memorandum and legislative package (PDF, 2.4MB). See the Office of Legislative Oversight's Racial Equity and Social Justice Impact Statement on Bill 16-21. See the Office of Legislative Oversight’s Economic Impact Statement on Bill 16-21.
On March 14, 2022, the T&E Committee received a briefing on the BEPS Technical Report ( staff packet / slides (PDF, 709KB)) and held a third work session on BEPS ( staff packet / recording of briefing and work session).
On March 28, 2022, the T&E Committee reviewed amendments to bill 16-21 ( staff packet (PDF, 709KB)) 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.
On April 19, 2022, County Council voted unanimously to pass bill 16-21, Environmental Sustainability - Building Energy Use Benchmarking and Performance Standards - Amendments ( staff packet (PDF, 12,896KB)). Regulations will be issued by December 31, 2023.
On May 2, 2022 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.
Building Performance Improvement Board (BEPS Advisory Board)
The Building Performance Improvement Board is made of up 15 voting members who advise on implementation of building energy performance standards (BEPS). You can read more about the board membership, terms, procedures, duties and responsibilities in the final law, under section “18A-42A. Building Performance Improvement Board.”
Visit the Building Performance Improvement Board site for information about the board and upcoming meetings.
Regulations
While the proposed legislation outlines the parameters of BEPS and creates a framework, some facets will be set via regulation. These include:
- The final energy performance standards by building type that each building must meet by their final performance
- Required elements of Building Performance Improvement Plans (BPIPs), an alternative compliance pathway for buildings,
- Details on the Renewable Energy Allowance to expand renewable energy installations in the County, and
- Eligibility for extensions for certain buildings.
Pursuant to the BEPS legislation, the County Executive must transmit regulations to implement the law to the County Council by December 31, 2023.
BEPS Technical Report
Steven Winter Associates, in close coordination with the Montgomery County Department of Environmental Protection, completed this BEPS technical report which provides the following information to inform regulations that will follow Bill 16-21:
- A review of the building stock and energy benchmarking information of Montgomery County and development of an approximate list of buildings projected to be subject to a BEPS policy. This building stock was separated into building types to set technically feasible site EUI targets.
- A recommended method for setting building performance standards, what the targets can be, and the estimated impacts of meeting those targets.
- Case studies detailing how different energy performance standards can be achieved for a representative sample of buildings.
- An estimate of the total capital investment to reach the standards, which would inform both the cost to building owners and the level of economic impact of the recommended standards.
BEPS Technical Report Files:
- Full Report: Montgomery County Performance Ordinance - Building Energy Performance Standards Report (PDF, 4.2MB)
- Executive Summary - Building Energy Performance Standards Report (PDF, 675KB)
- Case Studies - Building Energy Performance Standards Report (PDF, 1.54MB)
- March 14, 2021 Transportation & Environment Committee BEPS Technical Report Presentation (PDF, 711KB)
- March 14, 2021 Transportation & Environment Committee Briefing: BEPS Technical Report by Steven Winter Associates, Inc (YouTube)
- July, 2022 - ICF Consultants, in close coordination with the Montgomery County Department of Environmental Protection, completed an Addendum to the BEPS Technical Report (PDF, 507KB) which provides an analysis of potential utility rebates through the EmPOWER Maryland 2021-2023 program cycle that could be applied to the BEPS Technical Report case study energy measure packages.
BEPS Presentations and Resources
- May 11, 2022 Building Energy Performance Standards Law + Regulations Preview webinar ( recording / slides / Q&A document)
- May 6, 2021 presentation during the 2021 Montgomery County Energy Summit
- May 27, 2021 presentation to AIA Potomac Valley.
- June 7, 2021 presentation to Takoma Park Mayor and City Council.
- July 12, 2021 presentation to the Gaithersburg Mayor and City Council.
- November 9, 2021 presentation to NAIOP DC|MD
- December, 2021 BEPS Solar and Renewable Energy Considerations with DEP and ICF
- BEPS Solar and Renewable Energy Considerations slides
- July 2022 - ICF Consultants, in close coordination with the Montgomery County Department of Environmental Protection, completed the Allowance for Renewable Energy Technical Report and Recommendations (PDF, 1.15MB) which provides information on determining how a renewable energy allowance (“REA”) should be defined and implemented within BEPS regulations.
- March 2022, Summary of Stakeholder Feedback Sessions on Allowance for Renewable Energy (video)
- Summary of Stakeholder Feedback Sessions on Allowance for Renewable Energy slides
- Maryland’s Climate Solutions Now Act of 2022 was passed by the MD general assembly last April and will require buildings 35,000 gross square feet and larger, statewide to begin benchmarking and to meet building performance standards.
- Maryland Department of Environment Building Energy Performance Standards webpage
Next Steps
DEP created the Building Performance Improvement Board (BPIB) which advises the Department on regulation development and BEPS implementation. No later than December 31, 2023, the County Executive must issue Method (2) regulations that further dictate BEPS implementation.
DEP will provide updates on BEPS on this webpage and through its Commercial Energy News newsletter. If you have specific questions about BEPS, please email DEP.