# Maryland BEPS (COMAR 26.28 & HB 49): June 1 Verification, Fees & Montgomery County Carve-Out

> Canonical URL: https://bcesg.org/maryland-beps-comar-26-28-hb-49-compliance-guide/
> Jurisdiction: Maryland | Status: Live (Md. Code Envir. § 2-1602 / HB 49 / COMAR 26.28) | Reviewed: 2026-11-14

**Short answer:** Maryland's statewide Building Energy Performance Standards ([MDE BEPS / COMAR 26.28](https://mde.maryland.gov/programs/air/ClimateChange/Clean-Buildings/Pages/Clean-Buildings.aspx)) moved from initial grace benchmarking into verified, fee-backed execution on **June 1, 2026**. Owners of commercial, multifamily, and state buildings **≥35,000 gross sq ft** must file CY2025 energy data backed by **third-party data verification** and a $100 annual reporting fee—on the path toward 2030 interim and 2040 net-zero direct emissions caps.

Just as critical for DMV-area portfolios: [House Bill 49 (2025)](https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0049?ys=2025RS) resolved the state-versus-county overlap by exempting buildings complying with Montgomery County's BEPS ordinance from filing duplicate state reports—while neighboring [Washington, D.C. BEPS](https://bcesg.org/dc-beps-building-missed-standard-pathways/) drops its Cycle 2 threshold to 25,000 sq ft on January 1, 2027.

### Statutory Status at a Glance
- **Governing Authority:** Md. Code Envir. § 2-1602 (Climate Solutions Now Act of 2022), amended by [HB 49 (2025)](https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0049?ys=2025RS); COMAR 26.28.
- **Administering Agency:** [Maryland Department of the Environment (MDE)](https://mde.maryland.gov/programs/air/ClimateChange/Clean-Buildings/Pages/Clean-Buildings.aspx) Clean Buildings Program.
- **Covered Threshold:** Commercial, multifamily, and state-owned buildings ≥35,000 gross sq ft (excluding parking garages).
- **Annual Verification & Fee:** June 1 annual Portfolio Manager filing; CY2025 milestone (June 1, 2026) introduced mandatory third-party verification + $100 fee.
- **Direct GHG Trajectory:** Interim 2030–2034 targets leading to net-zero direct (Scope 1) on-site emissions in 2040.

## What HB 49 Changed for Owners, Fees, and Local Carve-Outs

When MDE first promulgated COMAR 26.28, building owners challenged both the initial EUI compliance friction and duplicate state/county compliance burdens in Montgomery County. The 2025 passage of **HB 49** streamlined administration without delaying decarbonization.

First, HB 49 clarified that buildings covered by and compliant with **Montgomery County BEPS (≥25,000 sq ft)** need not submit duplicative filings under MDE's state program. Second, HB 49 formalized the $100 annual benchmarking fee schedule and adjusted EUI vs. direct GHG alternative-compliance fee structures to align with achievable electrification cycles.

- **Direct vs. Site EUI Lens:** Maryland uniquely targets **net direct (on-site fossil fuel) greenhouse gas emissions** rather than electricity-heavy total emissions caps—accelerating heat-pump water heating and HVAC electrification.
- **Accredited Verifiers Required:** Starting with CY2025 reports and recurring every five years (as well as interim compliance milestones), an accredited third-party verifier must attest to meter boundaries and square footage.

| Milestone / Provision | Applicability | Statutory Deadline & Rule |
| --- | --- | --- |
| Initial CY2024 Benchmarking | >=35,000 sq ft commercial/MF/state | Sept 1, 2025 (initial grace deadline completed) |
| CY2025 Verified Filing | Non-exempt buildings >=35,000 sq ft | June 1, 2026 + mandatory 3rd-party verifier + $100 fee |
| Montgomery County Exemption | Montgomery County BEPS >=25k buildings | Exempt from duplicate MDE state filing per HB 49 (2025) |
| 2030 & 2040 Direct GHG Caps | Interim 2030–2034 -> Final 2040 | 20% net direct GHG cut (2030+) -> Net-zero direct 2040 |

![Maryland BEPS statutory breakdown showing >=35,000 sq ft scope, June 1, 2026 third-party verification and $100 fee deadline, 2030/2040 direct GHG targets, and Montgomery County HB 49 exemption.](https://bcesg.org/wp-content/uploads/2026/11/infographic-md-beps.png)

## Synchronizing Maryland (≥35k) With D.C. BEPS (≥25k) and Regional Law

Real estate operators across the Baltimore–Washington corridor manage overlapping calendars: Washington D.C. closes BEPS Cycle 1 (≥50k sq ft) on **December 31, 2026** and drops into Cycle 2 (≥25,000 sq ft) on January 1, 2027, with annual D.C. benchmarking due **May 1**. One month later, Maryland owners face their **June 1** MDE filing deadline.

Read alongside our [D.C. BEPS Cycle 1 & Cycle 2 pathway guide](https://bcesg.org/dc-beps-building-missed-standard-pathways/) and [New Jersey CEA benchmarking guide](https://bcesg.org/new-jersey-clean-energy-act-benchmarking-njsa-48-3-87-10/), Mid-Atlantic asset teams can consolidate ENERGY STAR Portfolio Manager utility feeds and third-party verifier engagements into one spring assurance window.

## Compliance Execution Checklist

| Step | Owner / Team | Auditable Deliverable |
| --- | --- | --- |
| 1. Exemption Check | Compliance Lead | Confirm whether assets sit in Montgomery County BEPS carve-out or <35k sq ft exclusion (excl. parking). |
| 2. Retain Verifier | Facilities / PE | Contract an MDE-recognized third-party data verifier ahead of spring utility reconciliation. |
| 3. File & Remit $100 | Property Ops | Submit verified CY data in Portfolio Manager + pay $100 annual fee to MDE by June 1. |
| 4. Electrification Plan | CapEx Engineering | Model on-site gas equipment replacements ahead of 2030 direct GHG targets and 2040 net-zero rules. |

## Frequently Asked Questions

### What buildings are exempt under HB 49's Montgomery County provision?

Buildings located in Montgomery County that comply with Montgomery County's local Building Energy Performance Standards (>=25,000 sq ft) are exempt from filing duplicate statewide reports with MDE under HB 49 (2025).

### When is Maryland BEPS third-party verification required?

First required with CY2025 data due June 1, 2026 (alongside the $100 annual fee), and at subsequent 5-year compliance verification milestones under COMAR 26.28.

### Does Maryland BEPS regulate electricity emissions or only on-site gas?

Maryland's interim 2030 and 2040 statutory standards focus specifically on direct on-site greenhouse gas emissions (Scope 1 combustion), though whole-building electric and fuel consumption are both benchmarked annually.

## Primary Authorities & Official Resources

- [Maryland Department of the Environment — Building Energy Performance Standards (BEPS)](https://mde.maryland.gov/programs/air/ClimateChange/Clean-Buildings/Pages/Clean-Buildings.aspx)
- [Maryland General Assembly — House Bill 49 (2025 Session)](https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0049?ys=2025RS)
- [D.C. BEPS Cycle 1 & Cycle 2 Reference Guide — BC ESG](https://bcesg.org/dc-beps-building-missed-standard-pathways/)
- [New Jersey Clean Energy Act Benchmarking Guide — BC ESG](https://bcesg.org/new-jersey-clean-energy-act-benchmarking-njsa-48-3-87-10/)

*Informational notice: This guide summarizes enacted statutes, regulations, or pending legislative records from the primary authorities linked above as of November 14, 2026. It is not legal, accounting, or licensed engineering advice.*