Accelerated procedures for flexible electricity capacity
The German Federal Government intends to simplify and shorten planning and approval procedures for key energy infrastructure projects. To this end, it has presented the “Entwurf eines Gesetzes zur Beschleunigung von Planungs- und Genehmigungsverfahren für mehr Flexibilität im Stromsystem und zur Gewährleistung der Versorgungssicherheit” (Draft Act to Accelerate Planning and Approval Procedures for Greater Flexibility in the Electricity System and to Safeguard Security of Supply).
In communications by the Bundestag (German Federal Parliament) and the associations involved, the proposed legislation is referred to as the Flexibilitätsbeschleunigungsgesetz (FlexBG, Flexibility Acceleration Act). Article 1 of the draft uses the short title Stromsystemflexibilitätsgesetz (Electricity System Flexibility Act) for the principal act.
Link to the planned capacity market
The proposed acceleration measures are intended to benefit, in particular, operators of and investors in power plants and energy storage facilities that are awarded a contract under the planned Strom-Versorgungssicherheits-und-Kapazitätengesetz (Electricity Security of Supply and Capacity Act).
In addition, the draft covers hydropower plants used for energy storage. These include pumped-storage power plants in particular.
Rationale based on growing demand for flexibility
According to the German Federal Government’s explanatory memorandum, the expansion of renewable energy increases the need for firm capacity and flexibility in the electricity system. The report on monitoring the energy transition dated 15 September 2025, commissioned by the Bundesministerium für Wirtschaft und Energie (German Federal Ministry for Economic Affairs and Energy), accordingly recommends expanding dispatchable power plant capacity and creating further flexibility through additional energy storage facilities.
Existing planning and approval procedures are said to be complex and time-consuming, particularly for pumped-storage power plants and offshore wind energy infrastructure. According to the explanations in the draft legislation, this has resulted in significant delays and the abandonment of projects.
Electronic procedures and binding deadlines
The Federal Government’s draft provides for approval procedures to be conducted electronically. Time limits are also to be introduced for power plants and energy storage facilities as well as for gas, hydrogen, biomethane and biogas facilities.
The proposed procedural deadlines include, in particular:
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A processing period of seven months is envisaged for permits under water law. This period may be extended once by three months.
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As a general rule, a deadline of 24 months is to apply to plan approval decisions for pumped-storage power plants. An extension of twelve months is to be possible.
The required approvals are to be consolidated with a single authority. This one-stop-shop approach is intended to avoid parallel or duplicate procedures.
Separate plan approval procedure for pumped storage
A key element of the draft is the introduction of a separate plan approval procedure for pumped-storage power plants under the Energiewirtschaftsgesetz (EnWG, German Energy Industry Act). This is to be supplemented by statutory presumptions regarding the currency of environmental data.
The draft estimates that the accelerated plan approval procedure for pumped-storage power plants will reduce the private sector’s compliance costs by EUR 585,635.
Early commencement subject to additional requirements
For pumped-storage power plants, authorisation of early commencement is additionally to require a preliminary assessment indicating that a decision in favour of the project developer can be expected. The opinion of the competent water authority must be taken into account.
At its 1068th sitting on 25 September 2026, the Bundesrat (German Federal Council) issued its opinion on the draft legislation pursuant to Art. 76 Abs. 2 GG (Grundgesetz, German Basic Law). It objects that, according to its wording, the simplified authorisation of early commencement is not limited to pumped-storage power plants. The provision would therefore, in principle, cover all plan approval and planning permission procedures under § 43 Abs. 1 and 2 EnWG.
Overriding public interest until 2031
Until 2031, power plants and certain construction measures in port areas relating to offshore grid connection lines are to be classified as projects in the overriding public interest. This classification is intended to enable expedited handling by public authorities and courts.
Existing or already planned power plant sites are also to be available for the further development of new power plants and energy storage facilities without requiring a new binding land-use planning procedure.
Converter platforms and offshore connections
At the same time, the Federal Government’s draft aims to strengthen the domestic development of converter platforms. Construction measures in port areas, including any necessary expansion of bodies of water, are to be deemed to be in the overriding public interest if they serve the construction or transport of converter, collector or transformer platforms for offshore grid connection lines.
According to the explanatory memorandum, this is intended to prevent lengthy approval procedures for construction work in port areas from hindering the expansion of offshore wind energy.
Shortened judicial process
The draft also provides for a shortened judicial process. The Oberverwaltungsgerichte (Higher Administrative Courts) are to have jurisdiction at first instance over the disputes covered. This provision is also to include energy storage facilities that are awarded a contract under the Strom-Versorgungssicherheits-und-Kapazitätengesetz.
In addition, the provisions facilitating legal remedies contained in the principal act are to apply. A final legislative decision on these provisions has not yet been taken.
Status of the legislative process
On 8 October 2026, the Bundestag referred the draft legislation to the competent committees without debate. The lead committee is the Committee on Economic Affairs and Energy. The Committee on the Environment, Climate Action, Nature Conservation and Nuclear Safety is participating in an advisory capacity.
According to the agenda of the Committee on Economic Affairs and Energy, the public hearing on the draft legislation is scheduled for the committee’s 56th meeting on 4 November 2026 at 8:30 a.m. According to that agenda, online accreditation by 2 November 2026 is required for in-person attendance.
Bundesverband Energiespeicher Systeme welcomes the intended acceleration in principle. At the same time, the association is calling for targeted additions benefiting energy storage facilities. The parliamentary process has not yet been completed.
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