COMAR 26.28 - Building Energy Performance Standardards (BEPS)

The purpose of BEPS is to reduce greenhouse gas emissions from the buildings sector in Maryland. The Maryland Climate Solutions Now Act of 2022 requires that BEPS include covered buildings that achieve the following: a 20% reduction in net direct 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.

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.

The Maryland​ Climate Solutions Now Act of 2022 requires that the Maryland Department of Environment (MDE) develop Building Energy Performance Standards (BEPS). MDE must develop standards for buildings that achieve the following:

- 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;
- N​et-zero direct GHG emissions by January 1, 2040.

The regulations must meet several specified requirements, including the following:
- Include energy use intensity targets by building type, as specified;
- Provide maximum flexibility to the owners of covered buildings;
- Include an alternative compliance pathway allowing the owner of a covered building to pay a fee for GHG emissions attributable to the building’s failure to meet direct ​GHG emissions reduction targets; and
- Include considerations for the unique needs of particular building or occupancy types, including healthcare facilities as well as laboratories

Additionally, an owner of a covered building, when calculating the statewide standards developed by MDE​ pursuant t​o the bill, may not consider GHG emissions or energy use by a commercial tenant of a covered building that (1) is a food service facility, as specified, and (2) engages in commercial cooking and water heating. ​

Building Energy Performance Standards

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