MDE recently released draft Building Energy Performance Standards updates for public review, public comment period expected in October. 

Last week, MDE released a new draft Building Energy Performance Standard (BEPS) regulation proposal with net direct emissions standards. BEPS focuses on buildings 35,000 square feet and above and is designed to improve Maryland’s air quality and Marylanders’ health, save building owners and occupants money, and achieve the State’s climate pollution reduction goals. Below is information about the 2024 draft proposed regulation, regulation proposal timeline, and site energy use intensity (EUI) standards.

The revised regulation:

• Establishes requirements for building owners to report energy use and emissions data to MDE annually starting June 1, 2025, as proposed in December 2023;
• Establishes other reporting requirements as proposed in December 2023;
• Establishes net direct emissions standards, as proposed in December 2023;
• Removes the proposed site energy use intensity (EUI) standards; and
• Modifies the agricultural building definition, manufacturing building definition, exemption procedure, public infrastructure property types, and the consumer price index for clarification.

The 2024 BEPS draft proposed regulation can be found here. MDE intends to officially withdraw the December 2023 BEPS regulatory proposal, propose the July 2024 draft regulation in September, and hold a public hearing on the proposed action in October. 

MDE intends to establish site energy use intensity (EUI) standards in 2027, as required by the Climate Solutions Now Act of 2022 (CSNA), after analyzing 2025 energy use data from covered buildings and submitting a report as required by the Budget Bill (Fiscal Year 2025), SB 360/Chp. 716 of 2024. Building owners should refer to the site EUI standards proposed in December 2023 as general directional guidance when they plan improvements to their buildings. Building owners are advised not to install electric resistance heating equipment without considering how the use of such equipment would influence the site EUI, and future regulatory requirements.

MDE will hold a series of public outreach sessions in August on BEPS. Attendees can register for the meetings and submit questions in advance.

For questions, contact MDE’s Building Decarbonization Team at BEPS.MDE@maryland.gov or (410) 537-3183.

At the 2024 MACo Summer Conference general session, “A Brighter Tomorrow – The Future of Maryland Energy Policy” panelists will explore major topics and ask policymakers questions about Maryland’s renewable energy future.