Maryland SB 0528: BEPS and EPDs, in focus
Maryland’s Climate Solutions Now Act of 2022 set the state’s building sector on a firm decarbonization track and quietly reshaped demand for verified product data. If your materials touch state projects or large private buildings, this law now determines which specs you win, and how fast. Here is the crisp version for manufacturers who care about speed, compliance, and getting written into the base bid, not the alternates.
What SB 0528 actually does
Maryland’s Climate Solutions Now Act of 2022 created a statewide Building Emissions Performance Standard for large buildings and locked in aggressive climate targets. The state target is a 60 percent cut in greenhouse gases by 2031 from 2006 levels, with net zero statewide by 2045 (MDE, 2024). For buildings, the rule requires net zero direct emissions by 2040, with annual benchmarking starting before that milestone (MDE BEPS, 2025).
Think of SB 0528 as the rulebook. If a building is big enough, owners must measure, report, and then ratchet down onsite emissions on a schedule that project teams cannot ignore.
Who is covered, and when it bites
BEPS applies to buildings that are 35,000 square feet or larger, excluding parking areas (MDE BEPS, 2025). The Maryland Register finalized the regulations on December 23, 2024, with benchmarking commencing in 2025 and the first statewide reporting window targeted for late summer 2025. MDE extended the initial benchmarking deadline to September 30, 2025, which signaled that schedules matter and enforcement will follow in phases (Ballard Spahr, 2025; SMAR, 2025). Montgomery County runs its own program and, as of October 1, 2025, county‑covered buildings follow county rules rather than the state’s benchmarks (Montgomery County DEP, 2025).
Why this matters to manufacturers
Covered buildings number about 9,000 statewide and accounted for roughly 5 million metric tons of CO2e in 2020. BEPS is modeled to cut about 18 million metric tons from 2025 through 2050 (MDE, 2025). Those are operational emissions, but they trigger buying preferences that reward materials with clear, verified impact data. When owners and AECs chase their BEPS glidepath, they prefer products with third‑party verified, product‑specific EPDs. That preference shows up in specs, submittal gates, and tie‑breaker meetings.
Concrete’s special case under Buy Clean Maryland
In 2023, lawmakers passed the Buy Clean Maryland Act. Producers of eligible materials must submit Environmental Product Declarations to the Department of General Services and the state will set maximum acceptable GWP thresholds for eligible projects, with the first filing date set for December 31, 2024 (MGALeg SB 424, 2023). The statute defines eligible material as cement or concrete mixtures used in eligible state capital projects (Maryland Code, 2024). If your concrete or cement is in that orbit, an EPD is no longer a nice‑to‑have. It is table stakes.
EPDs that actually move a BEPS‑driven spec
A generic, industry‑wide EPD can open a door, but a product‑specific, third‑party verified EPD is what helps a team hit modeled totals without nervy risk buffers. Treat the PCR like the rulebook of Monopoly. Ignore it and the game falls apart. Smart teams align PCR choice with the competitive set and the program operator preferred by the owner and GC.
What buyers will quietly screen for
They look for the EPD to be current, consistent with the commonly used PCR for the category, and clear on system boundaries. Age inside the validity window rarely matters unless expiry is imminent. Prospective EPDs can work for new lines if production has started and data coverage meets program rules, then they are refreshed when a full year of data is available.
Commercial signal hiding in plain sight
BEPS creates deadlines for owners. Deadlines create procurement checklists. Products with verified EPDs reduce modeling uncertainty and cut the penalty some teams apply when they must assume conservative factors. That means fewer last‑minute swaps and a higher chance your SKU stays in the base scope. The cost of an EPD is often dwarfed by one mid‑sized project win. This is definitley where speed and completeness pay back.
Quick playbook for Maryland‑bound manufacturers
- Map your exposure. Flag SKUs that commonly land in buildings 35,000 square feet and up in Maryland. Use recent bid histories to prioritize.
- Lock your data year. Pick a recent 12‑month reference period with solid utility and throughput records. For new lines, plan a prospective EPD then a fast refresh at 12 months.
- Choose the right PCR and operator. Match what competitors use unless there is a strong reason to deviate. Publication with a US‑recognized operator speeds reviewer acceptance.
- Prepare for renewals. Track PCR expiry so the next update rolls to the newer rule without drama.
- For concrete and cement, align to Buy Clean Maryland GWP limits as they publish and keep DGS submittals current (MGALeg SB 424, 2023).
A note on timing and scope creep
State targets and building deadlines are set by Maryland, not federal policy. The law requires net zero direct building emissions by 2040, statewide net zero by 2045, and a 60 percent cut by 2031 (MDE, 2024). Benchmarking began in 2025 and enforcement tightens toward 2030 for interim standards, so teams that wait for perfect information tend to miss cycles. Better to ship a clean, verified EPD now and iterate.
Bottom line for spec‑driven growth
Maryland’s climate law ties operational performance to procurement choices. Manufacturers that publish dependable, product‑specific EPDs get pulled forward in design and precon. The practical path is simple: collect the right data once, publish fast with a trusted operator, and refresh on a predictable cadence. That keeps you in compliance conversations and off the value‑engineering chopping block when BEPS clocks are ticking.
Frequently Asked Questions
How many buildings are covered and how much could BEPS reduce emissions in Maryland?
MDE estimates about 9,000 covered buildings that produced around 5 MMTCO2e in 2020, with modeled reductions of roughly 18 MMTCO2e from 2025 to 2050 (MDE, 2025).
What are Maryland’s headline climate dates and how do they relate to BEPS?
State law targets a 60 percent reduction by 2031 from 2006 levels and net‑zero statewide by 2045. BEPS requires net‑zero direct building emissions by 2040 (MDE, 2024; MDE BEPS, 2025).
Does Maryland require EPDs for concrete on state projects?
Yes. The Buy Clean Maryland Act requires EPD submissions for eligible cement and concrete used in eligible state capital projects, with initial submissions due December 31, 2024 (MGALeg SB 424, 2023; Maryland Code, 2024).
About the Author
John brings a clear, research-driven perspective on the EPD, LCA and HPD space and keeps a close pulse on environmental trends and standards in North America, helping clients understand where the industry is heading and how to get there.
