# Montgomery County, MD BEPS Compliance Guide: Site EUI Targets & MD HB 49 Bridge

> Canonical URL: https://bcesg.org/montgomery-county-maryland-beps-eui-compliance-guide/
> Jurisdiction: Montgomery County, MD | Status: Live (Annual June 1 Benchmarking · 2028/2029 Interim EUI · HB 49 State Exemption Bridge) | Reviewed: 2026-11-14

**Short answer:** Commercial and multifamily owners in Bethesda, Silver Spring, Rockville, and Gaithersburg operate inside one of Maryland's toughest local efficiency regimes: [Montgomery County BEPS (Code § 18A-38 / Bill 16-21)](https://www.montgomerycountymd.gov/department-environmental-protection/energy/energy-commercial-multifamily/building-energy-performance-standards). Covering properties **>=25,000 gross sq ft**, the County evaluates long-term compliance using **Weather-Normalized Site EUI (kBtu/sq ft/yr)** rather than carbon intensity — creating an immediate technical split between Montgomery County compliance and regional neighbors.

Critically, owners compliant with Montgomery County BEPS also benefit from coordination enacted in [Maryland HB 49 (Statewide BEPS)](https://bcesg.org/maryland-beps-comar-26-28-hb-49-compliance-guide/), which shields qualifying compliant county properties from duplicate state filing burdens. DMV portfolio managers holding assets across the District line should likewise contrast Site EUI targets against ENERGY STAR-weighted trajectories in our [Washington, DC BEPS Guide](https://bcesg.org/dc-beps-building-missed-standard-pathways/).

### Statutory Status at a Glance
- **Covered Thresholds:** Commercial, multifamily, and County buildings >=25,000 gross sq ft (phased Group timelines separating >=50,000 sq ft commercial, 25k–50k sq ft, and multifamily cohorts).
- **June 1 Benchmarking + Verification:** Annual Portfolio Manager filing by June 1, with third-party qualified data verification required at baseline and compliance checkpoints.
- **Site EUI Metric vs. GHG Caps:** Compliance requires hitting property-type final Site EUI targets (or 30% Site EUI reduction if below 2028/2033 curves) rather than purchasing renewable energy offsets.
- **Building Performance Improvement Plan (BPIP):** Assets with physical or financial hardship may propose an approved BPIP with staggered interim targets through County DEP review.

## Why Site EUI Differs Fundamentally From Maryland State Net-Direct Emissions

Maryland's statewide BEPS (COMAR 26.28 / HB 49) removes renewable electricity compliance focus and targets zero direct on-site fossil-fuel emissions, whereas Montgomery County BEPS measures total site gas and electricity consumed per square foot (Site EUI). In practice, upgrading electric chillers, variable-frequency drives, and envelope glazing improves Montgomery County Site EUI immediately even when grid electricity remains partly fossil-fueled.

Under HB 49, Maryland MDE recognizes qualifying Montgomery County properties governed by local standards equivalent to or stricter than state floors, preventing double reporting — provided the owner remains in active verified compliance with County DEP.

- **Verify County Exemption Filing Rules:** Confirm with MDE and Montgomery County DEP whether any building-type exemptions require separate state notice.
- **2028/2029 Cohort Prep:** Commercial buildings >=50,000 sq ft sit closest to interim Site EUI compliance checkpoints, leaving tight lead time for 2027 commissioning.

| Obligation & Cohort | Threshold | Target Timeline | Core Standard & Coordination |
| --- | --- | --- | --- |
| Annual Benchmarking & Verify | Commercial & multifamily >=25k sf | Annual June 1 (+ verify yrs) | ENERGY STAR PM + third-party verifier attestation |
| Wave 1 Interim/Final EUI | Commercial >=50k sf (Group 1/2) | 2028/2029 interim -> 2033+ final | Weather-normalized Site EUI targets (no RECs) |
| Multifamily & 25k–50k Wave | Multifamily >=25k & small comm | Staggered 2029–2035 schedule | Site EUI or BPIP flexibility; MD HB 49 bridge |

![Compliance architecture of Montgomery County Code § 18A-38 BEPS covering >=25,000 sq ft Site EUI targets (2028–2033), June 1 verification, and Maryland HB 49 duplicate-filing exemption.](https://bcesg.org/wp-content/uploads/2026/11/infographic-moco-beps.png)

## Compliance Execution Checklist

| Step | Owner / Team | Auditable Deliverable |
| --- | --- | --- |
| 1. June 1 Verified Data | Property Ops / Verifier | Complete Pepco/Washington Gas upload and third-party verification before June 1. |
| 2. Interim 2028 Gap Analysis | Energy Engineering | Benchmark baseline Weather-Normalized Site EUI against DEP final target. |
| 3. HB 49 Non-Duplicate Check | Maryland Legal Counsel | Verify building meets Montgomery County active status for MD state relief. |

## Frequently Asked Questions

### How does Montgomery County BEPS coordinate with Maryland's statewide BEPS?

Under Maryland HB 49, qualifying buildings actively regulated by and compliant with Montgomery County's BEPS (>=25,000 sq ft) are spared duplicate reporting under Maryland's statewide BEPS program.

### Can solar RECs satisfy Montgomery County BEPS Site EUI limits?

No. Montgomery County BEPS targets weather-normalized Site Energy Use Intensity (kBtu/sq ft), requiring actual building energy efficiency or on-site generation rather than off-site REC purchases.

## Primary Authorities & Official Resources

- [Montgomery County DEP — Building Energy Performance Standards (BEPS)](https://www.montgomerycountymd.gov/department-environmental-protection/energy/energy-commercial-multifamily/building-energy-performance-standards)
- [Maryland State BEPS Reference — COMAR 26.28 / HB 49](https://bcesg.org/maryland-beps-comar-26-28-hb-49-compliance-guide/)

*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.*