Building Innovation Hub Logo

Compliance with BEPS

A quick guide for what's due.


  • The District of Columbia Council (Council) passed emergency legislation to extend the District’s Benchmarking and Third-Party Data Verification deadlines for reporting 2023 data from April 1, 2024 to July 1, 2024. This extension is applies to this current cycle only. The next annual benchmarking deadline for 2024 data is April 1, 2025, and third-party verification is on a 3 year cycle.
  • The April 3, 2023 deadline has passed, but the Hub encourages any building that has not yet submitted a Pathway to submit one as soon as possible. 

What’s the importance of April 1, 2023?

This is the first deadline for buildings that do not meet the 2021 Building Energy Performance Standards (BEPS) for Cycle 1 and have therefore entered into a Compliance Cycle. A building owner, or their designated representative, must select a Compliance Pathway using the Pathway Selection Form (the Form), and provide all required documentation for that Pathway for approval by DC’s Department of Energy & Environment (DOEE.)

Pathway selection for Cycle 1 is due by April 3, 2023 at the latest. While the Regulation stipulates April 1 as the deadline, the 1st is a Saturday. Therefore, the deadline is technically Monday, April 3.

We encourage building owners to select a Pathway sooner rather than later to allow for more time for project planning and implementation. Following submission of the Form, and any supporting documentation, DOEE will review and send notice of approval, request more information, or make an alternative selection. If a building owner does not select a Pathway by the deadline, DOEE will assign the building a Pathway.

What’s due by April 3, 2023?

The Compliance Pathway chosen will affect what is due by April 3, 2023. Some pathways require more detailed forms and actions. Owners (and their representatives) should take this into consideration as the deadline approaches.

The following table outlines the deliverables required for each Compliance Pathway due by April 3, 2023.

Compliance Pathway Requirements due by April 3, 2023
Performance Pathway Selection Form
Standard Target Pathway Selection Form

Data Verification Checklist

Progress & Goals Report

See instructions here.

Prescriptive Pathway Selection Form

A DC BEPS Energy Audit Report Template

Note: Building owners seeking to follow the Prescriptive Pathway must submit an Energy Audit at the same time as the Pathway Selection Form. DOEE will not approve this pathway selection unless the owner has a conducted an Energy Audit in accordance with ANSI/ASHRAE/ACCA Standard 211-2018 (ASHRAE 211) and submitted it following the DC BEPS Energy Audit Report Template.

Accelerated Savings Recognition (ASR) Pathway Selection Form

For ACP options, a backup pathway selection, in case DOEE does not accept the proposal.

Extended Deep Energy Retrofits (EDER) Pathway Selection Form

EDER Proposed Milestone Plan per BEPS Guidebook section – EDER ACP Option Plan Submission and Approval.

Supporting documentation for either Affordable Multifamily Housing, rent-controlled, or buildings under financial distress due to the COVID-19 PHE per BEPS Guidebook section – EDER ACP Option Plan Submission and Approval.

For ACP options, a backup pathway selection, in case DOEE does not accept the proposal.

New Construction or Change of Property Type Pathway Selection Form

Certificate of Occupancy

For ACP options, a backup pathway selection, in case DOEE does not accept the proposal.

Adjusted Baseline Pathway Selection Form

Supporting documentation that shows good cause for granting the request per BEPS Guidebook section 4.4.2 Baseline Adjustment Process and Documentation.

A third-party verified benchmarking report for the year(s) being shifted or modified.

For ACP options, a backup pathway selection, in case DOEE does not accept the proposal.

Custom Pathway Selection Form

Custom ACP option proposal per BEPS Guidebook section 4.6.1 – Custom ACP Option Process and Requirements.

For ACP options, a backup pathway selection, in case DOEE does not accept the proposal.


And don’t forget about the annual benchmarking requirement! The District’s law requires all buildings greater than 25,000 sq. ft. to track their energy and water use and report their results every year to DOEE by July 1 (previously April 1). Reports are submitted through ENERGY STAR Portfolio Manager.

How do you choose a Compliance Pathway?

To support you with selecting a Compliance Pathway, and with BEPS compliance in general, the Building Innovation Hub released a suite of tools to help you navigate the regulations and enable easier building upgrades.

  • BEPS Compliance Pathway Wizard. This will help you understand which BEPS Compliance Pathway is most appropriate for you and your building.
  • BEPS Compliance Pathway Timelines. This will inform you about interim deadlines and major milestones associated with each BEPS Compliance Pathway.
  • Energy Audit Scopes of Work. We offer one version specific to the requirements outlined in the Prescriptive Pathway and another to help you choose a BEPS Compliance Pathway.
  • Find-A-Vendor Portal. This simple notification system will share project opportunities with local service providers and contractors via an email distribution list. The portal is now open and ready for building owners and representatives to submit their BEPS or energy-related projects to our list of vendors.

What’s the next milestone? July 1, 2024 (previously April 1).

Interim deadline for BEPS Compliance Pathway

The only Pathway with pre-determined, mid-Compliance Cycle requirements is the Prescriptive Pathway. The next set of deliverables due for the Prescriptive Pathway is due no later than April 1, 2024 and includes its Phase 2 requirements:

  • An Operation and Maintenance (O&M) program to address existing processes in the building.
  • A final energy efficiency measure package, called an Action Plan, that will be implemented in Phase 3.

The other Compliance Pathways have no pre-determined, additional intermittent deadlines during the Compliance Cycle. However, buildings choosing an Alternative Compliance Pathway might be subject to other requirements.

Third-party verified benchmarking data (applies to everyone)

The next deadline that applies to everyone is that benchmarking data from 2023, which must be reported to DOEE by July 1, 2024, is required to be third-party verified.

Third-party data verification requirements. Building owners are required to obtain third-party data verification of benchmarking data from an approved verifier beginning in 2024 for data submitted for 2023. Verification is required every three years thereafter and would be submitted as part of the benchmarking report by the July 1 deadline. The verifier is not required to conduct a site visit or complete the waste or indoor air quality section of the Data Verification Checklist to meet this requirement.

An approved verifier must not be an employee of the building owner or of the building owner’s designee. They will prepare and/or submit benchmarking information, and must possess one of the following licenses, credentials, or certifications:

  • Professional Engineer (PE)
  • Licensed Architect
  • Certified Energy Manager (CEM)
  • Building Energy Assessment Professional
  • Any other additional data verifier license or training program credentials recognized by DOEE and posted to its website

If the certification period overlaps with the calendar year requiring data verification by a minimum of six months, a building owner may use ENERGY STAR certification, which meets the third-party verification requirements.

How can the Building Innovation Hub help?

The Hub maintains a roster of local experts versed in all the details of the BEPS regulations. If your staff would benefit from learning more about BEPS, please schedule a free one-hour presentation with a Hub Ambassador. The seminar will help you understand the details of the regulations, how it impacts your building(s), and action steps to take.

As always, if you’re not finding what you need or have any questions, please contact us directly at

linkedin facebook twitter

Questions or Feedback?