Building Energy Performance Standards (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.
Download an overview of proposed County BEPS regulations (PDF) or IMT’s primer on BEPS.
DEP has released new data tools to help building owners and the public gauge each covered building's energy performance and provide comparisons to proposed building performance standards.
Policy Elements of BEPS in Montgomery County
The County’s BEPS Law incorporates the following components:
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.
- After benchmarking for at least 3 years, each covered building receives a baseline averaging the 2 highest site energy use intensity (site EUI) over the baseline period.
- Each covered building is assigned a final performance standard based on the building type. Mixed-use buildings receive "area weighted" final performance standards that factor in the floor area associated with each property type in the building.
- The final performance standard for any covered building will not require a reduction of greater than 30% from the building’s baseline.
- After 5 years, buildings are evaluated as to whether they are meeting the interim target: halfway between the baseline and final standard.
Building Performance Improvement Plan (BPIP)
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 (BPIP). Plans are reviewed by the Building Performance Improvement Board.
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Assess
The BPIP requires energy audit and assessment of equipment replacement, electrification feasilbility, and onsite renewable energy, done by a qualified auditor.
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Plan
Create a retrofit plan identifying the cost-effective energy improvement measures and the year or qualifying event during which they will be done.
- Cost effectiveness is defined within the simple payback of each measure and is the lesser of the the lifespan of the measure, or, for specially designated buildings, 10 years.
- Specially designated buildings include:
- Local, small-business-owned buildings
- Non-profit-owned buildings
- Multifamily buildings subject to rent stabilization
- Common ownership communities
- Affordable housing buildings
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Implement
Demonstrate ongoing compliance by reporting annually that the measures committed to in the retrofit plan were done per the schedule.
- Building owners meeting the actions and timelines in an approved Building Performance Improvement Plan will be considered to be in compliance with BEPS, regardless of the building's resulting performance.
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Refile if needed
BPIP can be used for compliance with iterim and/or final standards. Measures with a simple payback of 5 years or less must be implemented before a subsequent BPIP is approved.
Metric
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
- 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 also receive a renewable energy allowance for all onsite renewable energy as “credit” towards the performance target.
Covered Buildings
BEPS covers most commercial and multifamily buildings 25,000 gross square feet and larger. Covered buildings are grouped by size and type:
- 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: Multifamily residential buildings 25,000 to 250,000 gross square feet.
Deadlines
Building Group |
First Benchmarking
Deadline
|
Baseline Years | Interim Performance Standard |
Final Performance Standard |
---|---|---|---|---|
County: County-owned buidings 50k+ gsf | June 1, 2015 | 2018 - 2022 | 12/31/2028 | 12/31/2033 |
Group 1: Non-residential 250k+ gsf | June 1, 2016 | 2018 - 2022 | 12/31/2028 | 12/31/2033 |
Group 2: Non-residential 50k - 250k gsf | June 1, 2017 | 2018 - 2022 | 12/31/2028 | 12/31/2033 |
Group 3: Non-residential 25k - 50k gsf | June 1, 2023 | 2022 - 2024 | 12/21/2030 | 12/31/2035 |
Group 4: Multifamily 250k+ gsf | June 1, 2023 | 2022 - 2024 | 12/31/2030 | 12/31/2035 |
Group 5: Multifamily 25k - 250k gsf | June 1, 2024 | 2023 - 2025 | 12/31/2031 | 12/31/2036 |
Legislative History

2021
- Apr 1: The County Executive transmitted the Building Energy Performance Standard legislation to the Council. Download the full transmittal memorandum and legislative package (PDF). See the Office of Legislative Oversight's Racial Equity and Social Justice Impact Statement (PDF) on Bill 16-21 (PDF). See the Office of Legislative Oversight’s Economic Impact Statement (PDF) on Bill 16-21.
- May 4: The BEPS legislation (Bill 16-21) was introduced at Council.
- Jul 20: The Council held a public hearing on the bill. View the written testimony submitted on Bill 16-21.
- Oct 28: The first Council Transportation & Environment Committee work session on BEPS occurred ( staff packet (PDF) / slides (PDF) / recording).
- Dec 9: The second work TE Committee work session (staff packet / recording).
- Jan: 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.
- Mar 14: T&E Committee received a briefing on the BEPS Technical Report ( staff packet (PDF) / slides (PDF)) and held a third work session on BEPS ( staff packet (PDF) / recording of briefing and work session).
- Mar 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.
- Apr 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.
- Nov 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.
- Jan: 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 regulations will be considered by County Council in 2024.View a clean version of the proposed regulations (PDF).
- 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).
- Feb: 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:
- Jan 24 - discussion with hospital stakeholders ( staff packet / slides (PDF) / recording)
- Feb 26 - discussion with affordable housing stakeholders ( staff packet / recording)
- Mar 18 - discussion with life sciences and biotech stakeholders ( staff packet / recording)
- Jul 15 - discussion with multifamily housing stakeholders (recording)
- Sept 16 - Financial Issues/Green Bank (recording)
- Sept 23 - discussion with faith community (recording)
- Full Building Energy Performance Standards T&E Committee Panel Discussion Testimony
- Sept: Council approved another resolution to extend the deadline for consideration of Executive Regulation 17-23, Building Energy Performance Standards to February 28, 2025.
- Jan 22: A transmittal packet of modified BEPS regulations was issued to County Council.
- View a clean version of the modified regulations (PDF)
- The full transmittal packet of the modified BEPS regulations (PDF) contains memos outlining regulation changes (page 1), a clean version of the regulations (page 6), an underlined version (page 21), and a version that shows tracked changes (page 36).
- Jan 30: The Transportation and Environment Committed voted unanimously to approve the modified BEPS regulations. (staff packet / recording)
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.
Draft Building Energy Performance Standards (BEPS) Executive Regulations appeared in the November 2023 County Register. Pursuant to the BEPS legislation, the County Executive has issued Method (2) regulations that further dictate BEPS implementation which are being considered by County Council.
NEW: Following a series of listening sessions at County Council, the regulations were modified and resent to Council in January 2025. For details, view a clean version of the modified regulations (PDF), a tracked-changes version of the modified regulations (PDF) that highlights the changes, or the full transmittal packet of the modified BEPS regulations (PDF, 874KB).
- Jan 30, 2025: The Transportation and Environment Committed voted unanimously to approve the modified BEPS regulations. (staff packet / recording)
- The regulations now move to full Council. A work session is planned for Feb 11, 2025.
In February, 2024, the Council approved a resolution to extend the deadline (PDF) for consideration of Executive Regulation 17-23, Building Energy Performance Standards to September 30, 2024. In September, 2024, the Council approved another resolution to extend the deadline (PDF) for consideration of Executive Regulation 17-23, Building Energy Performance Standards to February 28, 2025.
Preparing for BEPS
- Montgomery County Building Energy Performance Map : The map is an interactive and user-friendly tool to investigate current and historical benchmarking compliance status and energy performance data for each covered building.
- Performance Requirements Look-Up Tool : Provides an in-depth view to each covered building's current energy performance, baseline performance, and projected interim and final EUI standards based on proposed regulation.
- Montgomery County Green Bank Technical Assistance Program : Supports studies that inform and accelerate investment decisions in energy efficiency and renewable energy projects that improve building energy performance. Studies include ASHRAE Level I, Level II, Level III/ Investment Grade audits and/or targeted analyses into benchmarking, energy efficiency, renewable energy (e.g., solar PV), electrification, EV charging infrastructure, and resiliency measures. Prequalified service providers help property owners benchmark their buildings, integrate the County’s evolving Building Energy Performance Standards (BEPS) requirements into multi-year building improvement plans, and understand the potential for electrification.
- Get Help / Ask Questions: Book a virtual appointment or site visit with DEP staff.
More on BEPS
Advisory Board: The Building Performance Improvement Board (BPIB) is made of up 15 voting members who advise on implementation of building energy performance standards (BEPS).
- Technical Report: DEP commissioned several technical reports to outline target options and policy options for building energy performance standards.
View BEPS Technical Reports - Presentations & Resources: DEP continues to do outreach to stakeholders about building energy performance standards. Contact [email protected] if you are interested in having DEP present on BEPS.
View BEPS Presentations & Resources - Stakeholder Workgroup Recommendations: View Stakeholder Workgroup Recommendations
- State BEPS: Maryland is implementing Building Energy Performance Standards (BEPS) as required under the Climate Solutions Now Act of 2022. The goal is for covered buildings to efficiently achieve zero net direct greenhouse gas emissions by 2040. Property owners and builders can take action now to meet this target. Building owners should prepare to report benchmarking data in 2025.
- 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.