Seniors Rally Against New Energy Standards in Montgomery County
By Adam Pagnucco
Today, we learned that a sizable group of condo owners in Friendship Heights is not just voicing their concerns about the rising costs linked to Montgomery County’s new Building Energy Performance Standards (BEPS)—they are taking legal action. This move could send a strong message to politicians across Montgomery County.
First, let’s break down what this legal action is about. Both Montgomery County and the State of Maryland have recently passed laws setting energy performance standards for large buildings. As part of the Climate Solutions Now Act of 2022, these new standards will affect buildings that are 35,000 square feet or larger, although there are exceptions for certain types of buildings, like historic sites and schools. Maryland aims to cut emissions from these buildings between 2030 and 2040, ultimately striving for zero direct greenhouse gas emissions. The new regulations will take effect on December 23, 2024, and a group of plaintiffs is now trying to block them in court.
A coalition that includes business and homeowner groups filed a lawsuit this week in the U.S. District Court for Maryland. The plaintiffs include various associations, such as the Maryland Building Industry Association, the Building Owners and Managers Association of Greater Baltimore, and the Leisure World Community Corporation, which manages one of the largest senior living communities in the county.
The lawsuit argues that the Maryland BEPS law conflicts with federal regulations governing energy efficiency standards. According to the complaint, “The Energy Policy and Conservation Act (EPCA) regulates energy use and efficiency, and it preempts state and local laws on that topic. The Maryland BEPS impose restrictions on energy efficiency that fall under EPCA’s preemption provision.” That’s a fancy way of saying that they believe this state law is not valid because it runs against federal law.
Interestingly, the same legal team is fighting both the state BEPS law and an earlier electric building law at the county level. This kind of overlap suggests a coordinated strategy among those opposed to these new regulations.
However, the implications of this lawsuit stretch beyond legalities. Politically, this could be a significant issue. The Leisure World Community Corporation, one of the plaintiffs, represents a large and active group of senior residents who are known to vote in high numbers. Their involvement indicates that quiet frustrations over rising costs could transform into a vocal political movement—especially as similar concerns may arise among seniors in other parts of the county.
Picture this: if several condo associations come together to address these cost hikes and survey candidates on their positions regarding BEPS, the results could influence many voters in upcoming elections. This issue might sneak up on local politicians, especially with rising concerns from an organized group of senior voters and condo owners, as well as renters, who are also affected by BEPS.
In summary, with an active coalition of residents, the growing issue of these energy standards is not something local politicians can afford to overlook. Everyone involved in local politics should keep a close eye on this developing situation.
