Building Energy Performance Standard

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).

The introduction of the BEPS legislation (Bill 16-21) is scheduled to occur on Tuesday, May 4, 2021 during the County Council session. A public hearing is tentatively scheduled for June 15, 2021 at 1:30 pm.

Interested in having DEP present to your group on BEPS? Please contact us at to request a meeting.

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.

Quick Links


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)


Proposed Policy Elements of BEPS in Montgomery County

The County’s proposed BEPS legislation incorporates the following components:


  • The County intends to develop 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. 
  • Every 4 years, buildings are evaluated as to whether they are meeting interim targets: calculated as straight line from baseline to final standard 
Sample BEPS Standards


  • If a building cannot meet the Interim or Final Performance Standards, 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


The stakeholder work group recommends that the metric buildings are measured against is Normalized Site Energy Use Intensity (EUI), a measure of how efficiently a building is using energy relative to its size. The benefits of using this metric include:
  • Measuring energy use directly controlled by the building owner
  • Easy to understand
  • Can be normalized for weather and operations, such as density and operating schedule
  • 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
The County also plans to provide a “credit” for onsite solar generation against performance standard performance to incentivize commercial solar installations.


As the benchmarking program phases in various buildings by their square footage over time, buildings will be added to the BEPS program in following groups:
  • County buildings and Groups 1 & 2: currently covered by Benchmarking Law: County and private-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: Residential buildings 250,000 gross square feet and greater;
  • Group 5: Residential buildings 25,000 to 250,000 gross square feet.


BEPS Proposed Timing
  • 2021: Legislation passes; establish Advisory Board; perform technical analysis to develop BEPS baseline
  • 2022: Establish BEPS baselines for County, Groups 1 & 2 buildings through regulation; Group 3 & 4 submits first benchmarking reports
  • 2023: Group 5 submits first benchmarking reports
  • 2026: First Interim BEPS standard for County, Groups 1 & 2 buildings
  • 2028: First Interim BEPS standard for Group 3 & 4 buildings
  • 2029: First Interim BEPS standard for Group 5 buildings
  • 2030: Second Interim BEPS standard for County, Groups 1 & 2 buildings
  • 2032: Second Interim BEPS standard for Group 3 & 4 buildings
  • 2033: Second Interim BEPS standard for Group 5 buildings
  • 2034: Final BEPS standard for County, Groups 1 & 2 buildings
  • 2036: Final BEPS standard for Group 3 & 4 buildings
  • 2037: Final BEPS standard for Group 5 buildings

Next Steps

The County Executive transmitted legislation to the County Council in April 2021. Public comment periods and work sessions will follow.

DEP will provide updates on BEPS on this webpage and through its Commercial Energy News newsletter. If you have specific questions about BEPS, please contact DEP