Energy Benchmarking and Energy Audit Compliance Help
New state regulations require commercial and multifamily buildings to benchmark energy use, report annually, and meet emissions targets. We don't just get you compliant — we build a strategy that reduces costs and increases asset value.
We ensure your building meets all benchmarking, verification, and reporting requirements — on time, every time.
We handle everything — Portfolio Manager setup, utility data requests, tenant coordination, third-party verification, and submission.
Statewide, Montgomery County, and Prince George's County — we know every program and navigate the overlaps for you.
In 2022, the Maryland legislature passed the “Climate Solutions Now” Act aimed at significantly reducing greenhouse gas emissions and addressing climate change. Provisions of the law task the state with expanding energy efficiency and electrification requirements for buildings — including net-zero mandates for certain new constructions — and strengthening environmental reporting and accountability measures to track progress toward climate goals.
To support those objectives, the Maryland Department of the Environment (MDE) developed Building Energy Performance Standards, or BEPS. These regulations apply to facilities that are 35,000 square feet and larger (excluding parking garage area). Historic buildings, schools, factories, agricultural buildings, and federal buildings may be exempted.
For complete information on the law, including how to comply, see the MDE BEPS page →
Use these free resources to understand your obligations and plan your compliance strategy.
Find out if your building is covered and which rules apply
Download our free BEPS compliance checklist
Estimate your non-compliance costs
Maryland BEPS is a multi-year program. Here's the complete timeline building owners need to plan around.
Starting in 2026, self-reported benchmarking data must be reviewed and signed off by a credentialed third party to ensure accuracy. Both State and Montgomery County programs require this for calendar year 2025 data. We recommend starting the verification process by March or April to allow time to correct any utility data errors before the June 1 submission deadline.
It depends on your location. If in Montgomery County: you must report to the County — their threshold is stricter at 25,000 sq ft. If elsewhere in Maryland: the State threshold is 35,000 sq ft, so a 30,000 sq ft building outside Montgomery County is currently exempt from statewide benchmarking requirements.
The State charges an alternative compliance fee starting at $230 per metric ton of excess CO₂e (in 2020 dollars, adjusted for inflation), increasing $4 per metric ton each year. Montgomery County can impose fines of up to $500 per day for non-compliance — and they are actively enforcing. A $100 annual reporting fee also begins statewide in 2026.
Yes, but criteria differ by jurisdiction and exemptions are not automatic — you must apply. State exemptions cover historic buildings, manufacturing, agricultural, federal buildings, and demolished buildings. Montgomery County also offers waivers for low occupancy (<50%), financial distress, new construction, and pending demolition. Contact us if you believe you qualify — we can assess eligibility and file the paperwork on your behalf.
Benchmarking is the first step — measuring and reporting your building’s energy use annually via ENERGY STAR Portfolio Manager. BEPS compliance goes further: starting in 2030, buildings must meet actual greenhouse gas emissions reduction targets, with interim standards through 2039 and net-zero by 2040. Think of benchmarking as the measurement, and BEPS as the standard your building must meet. Starting early on energy improvements gives you a head start.
No. Grid electricity emissions are not counted toward the direct emissions performance metric in BEPS. The regulation only covers emissions from onsite fuel combustion — such as natural gas and fuel oil. The only rare exception is buildings connected to a district energy system. This means reductions in electricity usage alone do not help meet emissions targets; the focus is on eliminating or reducing onsite fossil fuel use.
All owners share responsibility. MDE will not delegate responsibilities to specific owners. It is the responsibility of all owners to determine the most effective way to meet BEPS requirements. Non-compliance is attributed to all owners of the covered building, regardless of who was supposed to handle the reporting. We recommend formalizing who handles compliance in your ownership or operating agreements.
Submit a data request to your utility provider(s). If your building has fewer than 5 tenants, you’ll need written authorization from each tenant — either through a data release consent form or a lease provision — before the utility company will provide whole-building consumption data. For guidance, see section A.3 of MDE’s Benchmarking Guide. If you have trouble accessing data, contact MDE at 410-537-3183 or [email protected].
Yes. Failure to submit puts you in violation of the BEPS regulation. Violations are reviewed and enforced on a case-by-case basis by the MDE Air and Radiation Administration Compliance Program. Enforcement may range from warnings to fees. If you have concerns about meeting a deadline, contact MDE proactively at [email protected] — early communication can make a significant difference.
Yes. Building owners can apply for exemption from both benchmarking and performance standards for: financial distress, unoccupied buildings, or buildings demolished during the reporting year. “Financial distress” specifically means properties subject to a tax lien sale or public auction, controlled by a court-appointed receiver, or acquired by deed in lieu of foreclosure in the past year. Exemption requests must be submitted via the BEPS Portal before the June 1 deadline, and hardship exemptions are limited to the year for which they are requested.
Yes. The Clean Buildings Hub, an initiative of the Maryland Energy Administration (MEA), connects building owners with available incentives, resources, and technical assistance. The Hub is compiling state, federal, local, and utility incentives. Federal programs include the Energy Efficient Commercial Building Deduction (up to $5/sq ft for projects that reduce energy use intensity) through the Inflation Reduction Act. Sign up for the Hub newsletter at [email protected] to be alerted of new funding opportunities.
Your compliance obligations depend on where your building is located. Here's how the three Maryland programs compare.
Your compliance obligations depend on where your building is located. Here's how the three Maryland programs compare.
State targets are Fixed EUI Standards that increase in stringency every 5 years until resolving at a final performance standard (Net Zero) in 2040.
Stricter threshold (25k vs 35k sf) and actively enforcing fines. MoCo compliance counts as State compliance — no double reporting needed.
Targets are based on your Historical Baseline. Failure to meet targets requires a Building Performance Improvement Plan (BPIP).
Your compliance obligations depend on where your building is located. Here's how the three Maryland programs compare.