by Raymond Daniel Burke | Sep 5, 2025
I previously discussed that the Maryland Building Energy Performance Standards that have been established through regulations of the Maryland Department of the Environment (“the MDE”). The MDE regulations require annual “benchmark reporting” by the owners of buildings to which the program is applicable. Under this program, building owners are required to report whole building energy consumption data for the previous calendar year. Energy use information for 2024 must be submitted to the MDE by September 1, 2025. However, the MDE is now accepting building energy usage reports until September 30, 2025.
by Raymond Daniel Burke | Aug 15, 2025
In a recent blog post, I discussed the Maryland Building Energy Performance Standards that have been established through regulations of the Maryland Department of the Environment (“the MDE”). The MDE regulations require annual “benchmark reporting” by the owners of buildings to which the program is applicable. Under this program, building owners are required to report whole building energy consumption data for the previous calendar year. Energy use information for 2024 must be submitted to the MDE by September 1, 2025. As reported in the prior blog post, among the buildings that are required to submit energy use information to the MDE are “one or more buildings held in the condominium form of ownership with a combined gross floor area of 35,000 square feet or more, excluding the parking garage area, and governed by a single board of managers.” In other words, for purposes of determining if a condominium meets the 35,000 square foot threshold, all buildings in the condominium were to be combined in the aggregate. However, yesterday, the MDE issued a compliance advisory that changes this. The advisory provides as follows: “An individual building held in the condominium form of ownership with gross floor area less than 35,000 ft, excluding the parking garage area, is not required to submit a benchmarking report. Gross floor area is defined by the area between the principal exterior surfaces of the enclosing fixed walls of the building.” The effect of this is that condominiums may now calculate their square footage on a per building basis rather than combining the square footage of all buildings in the condominium. Essentially, an individual condominium building that is less than 35,000 is not covered by the reporting requirements, regardless of the size of other buildings in the complex.
Of course, any condominium building containing 35,000 square feet of more of gross floor area, excluding a parking garage, still must report is energy usage for 2024 by September 1, 2025. Please see my prior blog post for details on the reporting program.
by Raymond Daniel Burke | Aug 13, 2025
[A Compliance Advisory has been issued by the Maryland Department of the Environment that changes condominium energy reporting requirements. Please see my subsequent blog post] Maryland Building Energy Performance Standards (“BEPS”) have been established through regulations of the Maryland Department of the Environment (“the MDE”). The BEPS are intended to improve building energy efficiency and reduce greenhouse gas emissions as one means of meeting the State’s legislatively mandated emissions reduction goals. The MDE regulations require annual “benchmark reporting” by the owners of buildings to which the program is applicable. Benchmarking is the process of tracking and evaluating a building’s energy performance against similar buildings or established performance targets, and establishing a baseline for measuring progress. Under this program building owners are required to report whole building energy consumption data for the previous calendar year 2024.
The benchmark reporting requirements are applicable to all existing buildings that meet the definition of a “Covered Building.” This term means a commercial or multifamily building that has a gross floor area of 35,000 square feet or more, excluding the parking garage area. The 35,000 square feet of gross floor area may be contained in a single building or two or more buildings that are served in whole or in part by the same electrical or gas meter, or the same heating and cooling system. Significantly, a “Covered Building” expressly includes one or more buildings held in the condominium form of ownership with a combined gross floor area of 35,000 square feet or more, excluding the parking garage area, and governed by a single board of managers. Condominium’s that meet this criteria are required to submit their energy use information for calendar year 2024 to the MDE by September 1, 2025.
Building owners create an account at the MDE website through the EPA Energy Star Portfolio Manager (“the ESPM”). The registration of the building must include contact information for the building portfolio manager, the name of the organization, and the primary business type. The data entered should consist of the building’s 2024 energy bills. The ESPM account information can then be shared with the MDE. The required data can also be obtained from the electric and/or gas supplier. Such providers are required to provide the data within 90 days of receiving a request. Providers are listed on the website, and can be engaged directly through the website. The energy supplier can provide the information directly to an ESPM account, or can download the data to a building owner that can be uploaded by the building owner to the ESPM account.
While self-reporting will be accepted for this year for the reporting due on September 1, 2025 for calendar year 2024, beginning with the benchmark report for 2025, which will be due on June 1, 2026 third-party verification will be required, and will be required every five years thereafter. Building owners will need to have a third-party verify the quality of their benchmarking reports before they submit them to the MDE.
There are exceptions for historic properties, schools, manufacturing buildings, agricultural buildings, hospitals and other lifecare facilities, and buildings containing confidential areas used by national defense agencies or contractors. It is noteworthy that, during the 2025 session of the Maryland General Assembly, the MDE was directed to make specific recommendations for certain buildings including county-owned buildings, community colleges, emergency facilities, manufacturing buildings, and residential buildings, while giving consideration to tenants and condominium unit owners. Accordingly, it is possible that changes may be made with regard to whether condominiums are included in “Covered Buildings.” Presently, however, qualifying condominiums must meet the current reporting requirements.
by Raymond Daniel Burke | Jan 21, 2016
The text of Senate Bill 168, which would provide for the installation of electric vehicle chargers at condominiums and in homeowner associations, as well as at rental properties, is now available. The proposed legislation would void any provision in condominium and homeowner association documents that unreasonably restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger.
Here is a link to the full text of the bill: http://mgaleg.maryland.gov/2016RS/bills/sb/sb0168f.pdf
by Raymond Daniel Burke | Jan 18, 2016
A bill introduced in the early stages of the 2016 session of the Maryland General Assembly would make provisions for the installation of electric vehicle chargers that impact condominiums and homeowners associations. Senate Bill 168 is sponsored by Senator Brian Feldman of Montgomery County The language of a similar bill introduced during the 2015 session (SB 762), also introduced by Senator Feldman, would void any provision in condominium and homeowner association documents that restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger. The text of this year’s bill should be available shortly.
by Raymond Daniel Burke | Mar 15, 2013
Senate Bill 136, now pending in the Maryland General Assembly, would make condominiums, cooperative housing corporations, and homeowners associations eligible to receive grants from the Maryland Solar Energy Grant Program to contribute to the cost of acquiring and installing photovoltaic and solar water heating equipment.
