Municipality
Participation on Country level
At the federal state level, there are some individual regulations regarding the possible participation of citizens or their municipalities in solar park projects. An overview of the most important regulations and further information can be found here.
Participation laws in individual federal states
In addition to the regulation according to § SECTION 6 EEG 2023 Some federal states have already introduced mandatory regulations on the financial participation of municipalities in the form of Participation laws adopted. Others are currently in the process of planning and implementing country-specific regulations. The so-called State participation laws They are based on Section 6 of the Renewable Energy Sources Act; in some cases they only apply to wind turbines, but increasingly also to solar parks. In terms of content, there are Differences in the possible forms of participation (municipality or direct citizen participation), the Radius of impact and the Penalties for non-compliance of the laws.
The existing state participation lawsthat contain regulations on ground-mounted PV systems can be found here (as of October 2024):
Bavaria
- In the October 2024 the Bavarian Council of Ministers approved the Introduction of financial citizen and community participation of new ground-mounted photovoltaic systems
- The draft bill now goes to the association hearing
- The law stipulates that operators of Ground-mounted PV systems with a capacity of over 5 MW the local community and affected citizens must be involved
- Operators are obliged to agree with the municipality on a Individual participation agreement to some, e.g. participation in the Project company, offer to purchase one or more systems or system components, discounted electricity tariffs and others.
- The offer has a total value of 0.3 cent per kilowatt hour 0.2 cent for the municipality and 0.1 cent for the affected residents.
Brandenburg
- The "Open-space photovoltaic systems levy law" is on 31.01.2024 entered into force.
- The requirements apply to ground-mounted PV systems that are commissioned in Brandenburg after 31 December 2024.
- Operators then have to pay an annual levy of EUR 2,000 per installed MW to the municipality concerned.
- If the due date for payment is not met, a fine of up to EUR 100,000 may be imposed.
Lower Saxony
- The "Lower Saxony Act on the Participation of Municipalities and the Population in the Economic Surplus of Wind Energy and Photovoltaic Systems" has been in force since 19.04.2024.
- Operators of ground-mounted PV systems must fulfil a mandatory "Acceptance levy" of 0.2 cents per kWh of solar power to the municipality.
- In addition Residents within a radius of 2,500 metres to the solar park an opportunity to invest an average of 0.1 cent per kWh (offers are sufficient, agreement not required).
- Administrative offences committed by system operators can result in fines of between EUR 500,000 and EUR 1,000,000.
Saarland
- The Saarland "Law on the participation of municipalities in onshore and ground-mounted wind turbines in Saarland" is on 19.07.2024 entered into force.
- It provides for, §Section 6 EEG 2023 for installations that were commissioned before 19.07.24The new law applies to all installations commissioned after this date.
- Operators should conclude a participation agreement with the municipality or alternatively conclude a Mandatory levy of 0.2 cent per kWh fed into the grid to the municipality.
- If an operator does not comply with the participation agreement in full, a Equalisation levy of 0.8 cents/kWh are paid to the municipality for the actual quantities of electricity fed into the grid.
Saxony
- The Saxon "Renewable Energies Yield Sharing Act" has been in force since 29.06.2024.
- It concerns ground-mounted PV systems with an output of more than one MW that authorised after 31.12.24 were.
- Mandatory annual payments of 0.1 cent per kWh fed into the grid.
- As an alternative to this levy, the operator and municipality can Individual agreement based on Section 6 EEG 2023 meet.
- Fines of up to EUR 100,000 are possible in the event of non-compliance.
Saxony-Anhalt
- In the April 2024 The cabinet in Saxony-Anhalt approved the new Acceptance and Participation Acti.e. the law is Not yet in force. The second consultation is expected to take place in autumn 2024 take place.
- The law stipulates that operators of ground-mounted PV systems must pay a mandatory annual levy of three EUR per installed kW output to the municipality.
- Alternatively, a Other investment model with corresponding value can be selected.
further information
The climate protection and energy agencies of the federal states
There are many different forms, such as Citizens or their associated municipalities can participate in solar parks. Which form makes sense in which case must be decided by the individual situation be made dependent.
The Climate protection and energy agencies of the federal states often offer Information material and/or events which can be used for a more in-depth examination of the individual participation options. In principle, it should be noted that the regulatory framework for participation in renewable energy generation in recent years successively improved has, although still Optimisation potential exists.
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