Maryland BEPS ComplianceFast, Simple, Guaranteed

The Climate Solutions Now Act of 2022 created Maryland's Building Energy Performance Standards (Environment Article § 2-1602), and the Maryland Department of the Environment (MDE) runs them under COMAR 26.28. Every covered building reports its energy use each year through ENERGY STAR Portfolio Manager and MDE's BEPS Portal. From 2030, each must keep its net direct greenhouse gas emissions (from fuel burned on site, plus district hot water, steam or chilled water where a building uses it) under a standard for its property type; the standards step down in 2035 and reach zero in 2040. The statute's own net-zero requirement ends December 31, 2029 under Chapter 38 of 2022, so the 2040 standard rests on MDE's regulations. MDE plans to adopt a site energy use intensity standard in 2027; no energy use intensity target applies yet. A 2025 law, Chapter 844, changed parts of the program, took Montgomery County buildings out of it, and requires MDE to report on policy options by December 31, 2026.

35,000 sq ft

Commercial and multifamily buildings this size or larger, not counting parking garage area, are covered, as are State-owned buildings of that size. Condominiums under one board, and buildings that share a meter or a heating or cooling system, count together. Environment § 2-1601 · COMAR 26.28.01

June 1

Every year: last calendar year's energy use, benchmarked in ENERGY STAR Portfolio Manager and submitted with the annual fee, $100 in 2026 and adjusted for inflation from 2027. For 2026, MDE said reports and exemption requests submitted by June 30, 2026 would be considered timely. COMAR 26.28.02 · MDE BEPS page

2030

The first emissions standards apply, in kilograms of CO2e per square foot by property type, for each year from 2030 to 2034. They step down for 2035 to 2039 and reach zero in 2040. A few types, such as restaurants, parking and K-12 schools, are exempt from the standards. COMAR 26.28.03

$230 per ton

The alternative compliance fee for 2030, per metric ton of CO2e over the standard, in 2020 dollars adjusted for inflation. It rises each year after. COMAR 26.28.04

Dec 31, 2026

MDE's deadline to send the Governor and the General Assembly its analysis of emissions-based, energy-use-based and combined standards, under Chapter 844 of 2025. Ch. 844 of 2025, § 4

COMAR 26.28Maryland Department of the Environment

BEPS covers commercial and multifamily residential buildings in Maryland, and State-owned buildings, with 35,000 square feet or more of gross floor area, not counting parking garage area. Condominium buildings governed by one board of managers, and buildings served by the same electric or gas meter or heating or cooling system (other than district energy), count together. Environment § 2-1601 · COMAR 26.28.01

MDE's BEPS Portal and covered buildings listMDE's Program Overview

BEPS has two parts today: a report every year, and from 2030 an emissions standard to meet or pay for. MDE plans to adopt an energy use intensity standard in 2027; no energy use intensity target applies yet.

1. 01

   Benchmark and report every year

   Find the building's Unique Building Identifier (UBID) in MDE's BEPS Portal, benchmark last calendar year's energy use in ENERGY STAR Portfolio Manager, then submit the report and pay the annual fee by June 1. Electric and gas companies must provide whole-building data for benchmarking. COMAR 26.28.02 · Environment § 2-1602(d)

2. 02

   Third-party verification

   Reports on 2025 data had to be verified by a third party (the 2026 report, timely if submitted by June 30); a building that missed it should file now. The next verified reports cover 2030, 2035 and 2040 data, then every fifth year. A new building has its first report verified. COMAR 26.28.02.02C

3. 03

   Meet the emissions standard

   From 2030, keep net direct emissions (fuel burned on site, plus district hot water, steam or chilled water, in kilograms of CO2e per square foot) under the standard for the property type every year. Mixed-use buildings get an area-weighted standard. MDE plans to adopt an energy use intensity standard in 2027 and recommends not installing inefficient electric equipment, such as electric resistance heating. COMAR 26.28.03

4. 04

   Pay the alternative compliance fee

   For emissions over the standard, pay a fee for each metric ton of CO2e: $230 for 2030 in 2020 dollars, adjusted for inflation, and $4 more each year after. MDE treats paying the fee as compliance. COMAR 26.28.04

Request AssessmentWe map each building to the path and dates that apply to it.

BEPS is enforced under the Environment Article's civil and administrative penalties.

• A violation of the BEPS regulations can bring a civil penalty of up to $25,000, collected in circuit court; each day a violation continues is a separate violation.
• MDE can also impose an administrative penalty of up to $2,500 per violation, with no more than $50,000 in a single hearing; each day counts as a separate violation.
• The regulations require the report and the fee by June 1 each year, an amended report within 30 days of being told of an inaccuracy, five years of records, and, before a sale, telling the buyer the building is subject to BEPS and handing over its benchmarking, verification and alternative compliance fee records and its baseline and standards.
• From 2030, emissions over the standard must be cut or paid for per metric ton through the alternative compliance fee.
• MDE says a building that meets the definition must comply even if it received no notice.

Environment §§ 2-610, 2-610.1 · COMAR 26.28.02, 26.28.04 · MDE Program Overview