A reform in the sense of renewable energies

11.06.2024 – It is the most extensive reform of so-called immission control in 30 years. "Welcome to the 21st century," wrote the German Renewable Energy Association (BEE) in an initial reaction last week. On Thursday, the reform of the Federal Immission Control Act passed the Bundestag. For the first time, the climate was included as a protected asset in the – abbreviated – BImSchG. The energy transition and in particular the construction of wind turbines could thus be significantly accelerated.

In long form, it is the law for protection against harmful environmental effects caused by air pollution, noise, vibrations and similar processes and is part of environmental law. This is intended to protect people, animals, plants, nature as well as cultural and other material assets from harmful environmental effects.

In an approval procedure, according to the BImSchG, all environmental impacts of a new plant, such as fossil industrial companies but also wind turbines, must be extensively examined. Until now, approval procedures could be extended indefinitely due to objections from public and private objectors. In addition, applications always had to be submitted to the authorities in paper form.

Project developers have it in their hands

Two regulations that significantly prolonged the construction of wind turbines and that are now abolished with the reform of the Immission Control Act. In the future, the approval period can only be extended once by three months. Further deadlines require the consent of the applicant. And a deadline for approval procedures already begins to run if the licensing authority does not react within a specified period or if the documents requested for the first time have been submitted by the applicant. The amended deadline regulations will better protect project developers from lengthy legal proceedings in the future. Documents that are not directly relevant can also be submitted later.

The digitization of approval procedures is being driven forward. In the future, authorities will be able to request an electronic application. In this case, paper form is only possible in narrow exceptional cases. Procedures for the early start of construction will also be simplified. For example, an examination of the operation of the plant will only take place as part of the final approval. An elaborate discussion date is to be dispensed with, especially for wind turbines and electrolyzers for hydrogen.

The waiver of a hearing also facilitates the repowering of wind turbines. In addition, it will no longer be necessary to have the operator identity between the old plant operator and the new plant operator in the future. The problem of type changes is also solved. Overall, project developers of wind turbines should be able to use preliminary rulings to conclusively clarify individual central project-specific questions by the competent authority before the actual approval procedure.

Simone Peter, President of the BEE, said after the reform was adopted: "The BImSchG brings great progress that will relieve approval procedures of unnecessary burdens and thus make them much more efficient." In order for the amendment to develop its potential, the states and authorities would have to apply the new regulations in a timely manner.

Project developers of renewable plants are also delighted. Robert Claus, project developer at NaturEnergy, said: "The amendment to the Federal Immission Control Act is a great success! The new regulations have the potential to significantly accelerate the approval procedures for wind energy projects, which have so far been really arduous." Now it is up to the states and authorities to take up this new momentum for the construction of new renewable plants and to live it in everyday approval practice. Mg