Hydrogen: law gives infrastructure "overriding public interest"

The German government wants to accelerate the expansion of the hydrogen infrastructure in Germany. It has therefore now presented a Hydrogen Acceleration Act (PDF). In it, projects such as hydrogen pipelines and electrolyzers are deemed to be of "overriding public interest" and also serve public safety. Finally, the law also ensures that energy requirements are diversified more quickly in terms of crisis preparedness.

Since Russia's attack on Ukraine in February 2022, there has been much talk of the need for Germany to become more independent of authoritarian states through renewable energies, with Federal Finance Minister Christian Lindner (FDP) speaking of "freedom energies". In March 2022, there was also talk in connection with the Renewable Energy Sources Act (EEG) presented at the time that it would serve public safety if renewable energies were used. When approval authorities have to weigh up decisions, such projects are given special weight.

Simplification and digitalization

Electrolyzers that produce hydrogen from renewable energies, among other things, should benefit from this principle, which is now being applied again. If these consume a lot of water, they are of overriding public interest as long as there is no fear of water shortages that could jeopardize drinking water supplies or directly affect areas that are important for climate protection, such as floodplains, moors and protected wetlands, explains the BMWK.

The Hydrogen Acceleration Act would speed up, simplify and digitize generally relevant planning, approval and award procedures, explains the Federal Ministry of Economics and Technology (BMWK). Official immission control, water law and other procedures for the approval of key hydrogen infrastructure projects would be shortened, and legal proceedings would be accelerated. This applies not only to new infrastructure, but also to conventional gas pipelines and storage facilities that need to be converted. The Energy Industry Act of 2023 already contains simplified rules for the hydrogen core network.

The Hydrogen Acceleration Act is now being passed by the Bundesrat and Bundestag. It is part of a package by the German government to speed up planning and approval procedures for hydrogen projects. In addition, an amendment to the 4th Federal Immission Control Ordinance (BImSchV) is intended to simplify approval procedures for electrolyzers and eliminate them for small electrolyzers up to 5 MW. The upcoming amendment to building law is intended to make things easier for electrolyzers in terms of building planning law.

(anw)