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). 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), 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.
- 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.
Download the Montgomery County BEPS & MD HB 49 Playbook
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 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. |
Keep This Montgomery County, MD Compliance Checklist Handy
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)
- Maryland State BEPS Reference — COMAR 26.28 / HB 49
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.