On behalf of the German Association of Energy Market Innovators (bne), the law firm Becker Büttner Held (BBH) has developed the contractual basis for the participation of municipalities in the earnings of ground-mounted solar farms. The sample contract, which is also recommended by the German Association of Towns and Municipalities (DStGB), the German Association of Energy and Water Industries (BDEW) and the German Association of Local Public Utilities (VKU), is aimed at helping improve community acceptance of solar farms.
Pursuant to sec. 6 subs. 1 no. 2 Renewable Energy Source Act 2021 (Erneuerbare-Energien-Gesetz – EEG 2021), operators of ground-mounted photovoltaic installations may offer municipalities affected by the erection of the installations a share in the earnings by means of unilateral payments of up to 0.2 ct/kWh without receiving a consideration in return. Such agreements may be concluded already before the approval of the ground-mounted installation, provided that the zoning plan for the area has been adopted. The sample contract published by bne establishes an industry standard for these agreements. An extensive supplement explaining the background and the legal context is also available.
“It is imperative to involve the municipalities if we are to achieve the ambitious expansion targets in the area of renewable energy by 2030 and to reach climate neutrality by 2045,” says BBH partner Jens Vollprecht. In June this year, BBH already developed a corresponding sample contract for onshore wind energy on behalf of the Onshore Wind Energy Agency (FA Wind). “According to section 6 EEG 2021, municipalities may receive a share in the earnings of onshore wind installations as well as ground-mounted photovoltaic systems. Therefore, we are pleased that a practical sample contract is now available for both types of renewable energy sources,” says Dr. Wieland Lehnert, partner counsel at BBH.
Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.
Prof. Dr. Ines Zenke
Lawyer (Rechtsanwältin), Partner
Phone +49 (0)30 611 28 40 - 179