Green light for the Renewable Energy Expansion Act Package

Aug 4, 2021 Benn-Ibler Rechtsanwälte

On 07.07.2021, the Renewable Energy Expansion Act Package (Erneuerbaren-Ausbau-Gesetzespaket) received the necessary two-thirds majority of the National Council. The legal measures are intended to take into account the Austrian federal government's goal of converting the electricity supply to 100% electricity generation from renewable energy sources by 2030 and thereby achieving Austrian climate neutrality by 2040.

Among other things, the legislative package is intended to promote the integration of the energy system and ensure security of supply. In this context, an increase in the renewable share in district heating is also planned, as well as an expansion of the information content of the charging point directory for publicly accessible charging points.

The EAEC envisages 27 terawatt hours (TWh) of additional renewable electricity generation (an increase of 50%), with 11 TWh to be generated from photovoltaic plants, 10 TWh from wind power, 1 TWh from biomass and 5 TWh from hydropower.

The legislative package brings with it numerous amendments. In addition to the creation of the Renewable Energy Expansion Act (Erneuerbaren-Ausbau-Gesetz, EAG) to create the necessary legal and organizational framework for a stable investment climate in the long term, the Green Electricity Act 2012 (Ökostromgesetz 2012), the Electricity Industry and Organisation Act 2010 (Elektrizitätswirtschafts- und -organisationsgesetz 2010), the Gas Industry Act 2011 (Gaswirtschaftsgesetz 2011), the Energy Control Act 2012 (Energie-Control-Gesetz 2012), the Federal Act on the Establishment of Uniform Standards for the Construction of Alternative Fuels Infrastructure, the Heating and Cooling Pipeline Expansion Act (Wärme- und Kälteleitungsausbaugesetz), the Heavy Current Routes Act 1968 (Starkstromwegegesetz 1968) and the Heavy Current Routes Basic Act (Starkstromwege-Grundsatzgesetz) are amended.

These extensive legislative changes entail the following notable measures in particular:

First, the introduction of market premiums to promote the generation of electricity from hydropower, wind power, photovoltaics and solid biomass is planned. This goes hand in hand with planned investment subsidies for the expansion of any plants. Access to grid connections, as well as grid access for plants based on renewable energy sources, is to be facilitated. In addition, the legislative package provides for the establishment of a concessionary EAG subsidy processing agency, the introduction of a local tariff for renewable energy communities and the facilitation of the establishment of citizen energy communities.

In summary, it can be said that the Renewable Energy Expansion Act Package entails a comprehensive amendment of the current legal situation in order to ensure 100% electricity generation from renewable energy sources from 2030.

Ministerialentwurf Erläuterungen 58/ME XXVII. GP (18.03.2021)