Maryland's Energy Code and BEPS: Two Parallel Tracks

Track one — energy code for new construction (IECC/MBPS)

Maryland adopts the IECC as part of its Maryland Building Performance Standards. Key features:

• IECC is incorporated by reference with MD-specific amendments via COMAR 09.12.51.
• State adoption can exceed IECC minimums — energy is the one area where MBPS stringency is explicitly allowed to exceed the base code.
• Commercial buildings may comply via ASHRAE Standard 90.1 as an alternate path under IECC's Chapter 4 commercial provisions.
• Local jurisdictions can adopt more stringent energy provisions than the state minimum — and several do. Montgomery County's adoption of ASHRAE 90.1-2022 with mandated energy modeling for most projects is the leading aggressive example.

Compliance documentation for commercial work typically includes an energy analysis report, COMcheck or equivalent demonstration, and verification of envelope/mechanical/lighting/power values during plan review.

Track two — BEPS for existing large buildings

The Climate Solutions Now Act of 2022 (HB 831) created BEPS, administered by the Maryland Department of the Environment (MDE). BEPS requirements:

Covered buildings

• Commercial and multifamily buildings ≥35,000 sf, excluding parking garage area.
• State-owned properties ≥35,000 sf.

Exempt buildings

• Individually-designated historic properties (federal, state, or local designation).
• Public or non-public elementary/secondary schools.
• Manufacturing buildings.
• Agricultural buildings.
• Federally-owned buildings.
• Demolished buildings.

Compliance timeline

Annual benchmarking (starting 2025)

• Report energy use annually via ENERGY STAR® Portfolio Manager®.
• Calendar year 2024 data was the first required reporting year; initial deadline was September 1, 2025, extended to September 30, 2025.
• For 2026 and subsequent years, the annual benchmarking deadline is June 1.

Third-party data verification

• Required for calendar year 2025 data, with reports due by June 1, 2026.
• Repeat every five years thereafter (2030 data in 2031, 2035 data in 2036, 2040 data in 2041).

Performance standards — direct GHG emissions reductions

• By January 1, 2030: 20% reduction in net direct GHG emissions compared to 2025 levels (or an alternative baseline not earlier than 2020). Begins the first interim performance period (2030-2034).
• By 2035: 40% reduction. Begins the second interim period (2035-2039).
• By January 1, 2040: Net-zero direct GHG emissions.

BEPS Portal and penalties

MDE's BEPS Portal lets building owners look up their Unique Building Identification (UBID), search for buildings, and submit forms. Non-compliance with reporting or emissions targets can trigger penalties and fines.

What the two tracks mean together

For a large new commercial building in MD:

• Designed to current IECC/MBPS (or local amended higher standard) at construction.
• Upon operation, if ≥35,000 sf commercial/multifamily, enters BEPS reporting and eventually the emission reduction trajectory.
• Meeting IECC minima alone won't satisfy BEPS net-zero direct emissions by 2040 for most buildings with fossil-fuel HVAC or combustion heating — electrification or equivalent offsetting is the implied trajectory.

For an existing large building:

• Benchmarking starts now if not already.
• Third-party verification at 5-year intervals builds toward rigor.
• 2030 interim target means significant retrofit/system-replacement plans need to start well in advance — HVAC replacement cycles are long enough that 2025-2027 equipment decisions affect 2030 compliance.

Montgomery County — the overlay

Montgomery County goes meaningfully beyond state energy minimum:

• Adopted ASHRAE 90.1-2022 as the energy compliance path under Executive Regulation 13-24.
• Mandatory energy modeling for most projects.
• EV-Ready parking and on-site energy storage requirements.
• All-electric new construction mandate targeting December 31, 2026.

Montgomery County's aggressive stance is separate from BEPS but moves in parallel — new Montgomery County buildings designed to these standards are better positioned for BEPS compliance.

What designers and owners should know

• Energy code + BEPS both apply to a new large commercial building in MD — design decisions today affect both.
• Fossil-fuel HVAC lock-in is a BEPS risk. Equipment installed today with 20-30 year lifecycles will still be operating when the 2040 net-zero direct emissions target hits.
• Portfolio Manager benchmarking is straightforward for single-occupant buildings; more complex for multi-tenant where tenant cooperation on utility data is required.
• Third-party verification is a new professional services market; verifiers need to be qualified under MDE guidance.
• Exemptions are narrow. Don't assume your building qualifies without checking MDE's exemption criteria.
• Local jurisdictions may add layers. Montgomery County's framework is the clearest example, but Baltimore City and others have their own energy overlays.
• Electrification planning — heat pumps, electric water heating, reduced natural gas — is increasingly central to any MD large-building project.

How MD compares to the neighbors

• Delaware. IECC adoption in general building code context but no statewide building-performance-standards program comparable to BEPS.
• Pennsylvania. UCC adopts IECC; no statewide BEPS analog. Philadelphia has its own local energy benchmarking and building tune-up requirements for certain large buildings.
• New Jersey. Adopts IECC through UCC; no statewide BEPS. However, state energy efficiency programs and regulatory posture are active.
• Virginia. USBC incorporates energy code (IECC/ASHRAE 90.1 path). No BEPS-style existing-building performance mandate at the state level.
• Maryland. BEPS is distinctive in the region — combines state-level existing-building emissions targets with typical new-construction energy code.

Large-building owners in DC (DC BEPS), Boston (BERDO), NYC (LL97), Denver, and Seattle face similar performance-mandate programs. MD joins that cohort.

What to do with this

If you own a MD building ≥35,000 sf: confirm BEPS applicability, start benchmarking, plan for third-party verification cycles, and model compliance trajectory to 2030 and 2040.

If you're designing a new MD large commercial building: design for both current IECC/local-amended stringency and BEPS compliance trajectory.

If you're working in Montgomery County: ASHRAE 90.1-2022 + energy modeling + electrification expectations are the baseline.

If you're in a portfolio spanning multiple jurisdictions: BEPS is MD-specific; DC BEPS, Philadelphia benchmarking, NYC LL97 are each distinct programs with their own rules.

For the broader MD code framework see our MBPS essay. For stormwater interactions see our MD New vs Redevelopment essay.

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