Montgomery County Building Energy Use Law

On May 2, 2022, Montgomery County lawmakers signed Bill 16-21 into law as an amendment to the County’s Building Energy Use Benchmarking Law (Benchmarking Law), Article 6 of Chapter 18A of the Montgomery County Code. Bill 16-21 revised the Benchmarking Law to include certain Building Energy Performance Standards (BEPS), which establish minimum energy performance standards for existing buildings in the County. The stated purpose of the BEPS is to reduce overall greenhouse gas emissions and help the County achieve its climate action goal of zero greenhouse gas emissions by 2035. Bill 16-21 is scheduled to go into effect on July 31, 2022, and regulations will be issued no later than Dec. 31, 2023.

Buildings covered under the BEPS are grouped by property type and gross square footage. Bill 16-21 obligates the Montgomery County Department of Environmental Protection (DEP) to establish long-term final energy performance standards for each property type using the energy use data reported for each property type under the County’s Benchmarking Law as the basis for the performance standards. Bill 16-21 sets forth the deadlines for each property group to: 1) comply with the Benchmarking Law by reporting energy use data to the County DEP; and 2) comply with DEP’s established performance standards for that property type.

Some dealers have received notices of violation for failing to report their property’s 2021 energy benchmarking data.  Should you receive such a notice, WANADA encourages its members to review them with counsel to determine next steps.  DEP can be reached at with additional questions or concerns.

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