Hearing highlights need for amendments to the Flexibilitätsbeschleunigungsgesetz
On 4 November 2026, the Ausschuss für Wirtschaft und Energie (Committee on Economic Affairs and Energy) of the Deutscher Bundestag (German Bundestag) considered the draft legislation to accelerate planning and approval procedures to increase flexibility in the electricity system and ensure security of supply. The public hearing made it clear that several of the individuals and associations consulted consider amendments or additions necessary.
The Ausschuss für Wirtschaft und Energie is the lead committee responsible for the bill; the Ausschuss für Umwelt, Klimaschutz, Naturschutz und nukleare Sicherheit (Committee on the Environment, Climate Action, Nature Conservation and Nuclear Safety) is participating in an advisory capacity.
Faster procedures for facilities and infrastructure
The proposed legislation referred to as the Flexibilitätsbeschleunigungsgesetz (Flexibility Acceleration Act) is intended to shorten planning and approval procedures for power plants, electricity storage facilities and pumped-storage power plants. It is intended to include, in particular, operators and investors that are awarded a contract under the Stromversorgungskapazitätengesetz (Electricity Supply Capacity Act), which is intended to safeguard electricity supply security and provide new capacity.
According to the explanatory memorandum to the bill, existing procedures are often lengthy and complex, particularly for pumped-storage power plants and offshore wind energy infrastructure. This has led to significant delays and the abandonment of projects.
Among other measures, the bill provides for the following:
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Approval procedures are to be conducted electronically.
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Binding deadlines are to apply to power plants, electricity storage facilities and gas, hydrogen, biomethane and biogas facilities.
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Until 2031, power plants and certain construction measures in port areas for offshore grid connection lines are to be classified as being in the overriding public interest.
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For certain disputes, the Oberverwaltungsgericht (Higher Administrative Court) may have jurisdiction at first instance instead of the Verwaltungsgericht (Administrative Court). This eliminates one level of judicial fact-finding.
Under the bill, the overriding public interest in electricity storage facilities is already established in § 11c of the Energiewirtschaftsgesetz (German Energy Industry Act). A final parliamentary decision on the bill has not yet been made.
Calls to extend the acceleration rules
Grid expansion and pending proceedings
The head of the legal department at the Bundesverband der Energie- und Wasserwirtschaft called for substantial revisions. In her view, project developers should be able to decide whether proceedings already under way are to continue under the existing provisions or be handled under the new rules.
In addition, the acceleration measures should be extended to the expansion of electricity grids and other infrastructure. This should also include offshore wind energy projects. The increasing connection of decentralised generation facilities and additional consumers such as storage facilities, data centres, heat pumps, charging infrastructure and industrial facilities necessitates faster grid expansion.
According to her position, the statutory framework must make full use of all available options for shortening procedures. Approval periods of ten years or more at high-voltage level should be avoided. In her view, the bill has so far addressed this particularly urgent issue only to a limited extent.
Timelines for new power plants
A representative of EnBW Energie Baden-Württemberg AG advocated preventing delays in the processing of approval applications. The Stromversorgungskapazitätengesetz provides that the new facilities covered by it must be ready for operation by 1 November 2031. To achieve this objective, comprehensive acceleration measures would have to enter into force promptly.
The company has gained experience in planning, obtaining approval for and constructing new power generation facilities through the fuel-switch power plants Stuttgart-Münster, Altbach/Deizisau HWK 3 and Heilbronn Unit 8. Based on that experience, a period of four years is realistic for the construction of a new power plant. According to this assessment, commissioning by 1 November 2031 would therefore require construction to begin in the second half of 2027.
It was proposed that the provisions of the Flexibilitätsbeschleunigungsgesetz be incorporated into general facility approval law. The Bundes-Immissionsschutzgesetz (German Federal Immission Control Act), the Wasserhaushaltsgesetz (German Federal Water Act) and the Energiewirtschaftsgesetz were specifically mentioned.
Pumped-storage projects and deadlines for administrative decisions
Lengthy approval procedures as an obstacle to investment
The management board member of a major operator of pumped-storage power plants also called for large-scale projects to be implemented more quickly. He referred to two specific proceedings in support of this position.
In the case of the Riedl pumped-storage facility in Bavaria, more than 13 years elapsed between the regional planning procedure and the plan approval decision. More than 100 expert reports were prepared during this period. The ATO pumped-storage project in the southern Black Forest was abandoned after approximately ten years of approval proceedings and costs of EUR 80 million.
A standard decision period of 18 months was proposed for approval authorities. It should be possible to extend this period by a further six months. In addition, it should be determined at an early stage and unequivocally whether the documents submitted are complete.
Amendments to immission control and water law
The head of environmental protection and approvals at Lausitz Energie Bergbau AG and Lausitz Energie Kraftwerke AG saw a need for further amendments. In his view, the provisions governing the overriding public interest should be extended, the scope for flexibility under immission control law should be strengthened and additional options for acceleration under water law should be utilised.
According to this position, the special status should not apply solely to the generating facility. It must also cover the associated grid connections and line infrastructure for electricity and gas. Without a grid connection available in due time, a power plant cannot fulfil its energy-sector purpose.
Furthermore, the bill contains no provision for simplified amendments and updates to existing permits under water law. It was therefore suggested that a notification procedure for amendments under water law or a simplified amendment approval procedure be introduced, based on the model used in immission control law.
Differing assessments of power plants and storage facilities
Call for greater consideration of battery storage
The head of renewable energy at the Bundesverband Neue Energiewirtschaft advocated accelerating the construction of battery storage facilities. In his view, the bill reinforces the incentives for fossil gas-fired power plants already established by the Stromversorgungskapazitätengesetz. The association rejects blanket preferential treatment for fossil-fuel power plant infrastructure.
The association also called for a general rule governing the use of private land for grid connections and ancillary facilities. This should also cover renewable energy and electricity storage facilities. According to its position, accelerated procedures must neither create new dependencies on fossil fuels nor permit disproportionate interference with protected rights.
The Bundesverband Erneuerbare Energie also opposed giving fossil-fuel power plants preferential treatment over renewable electricity generation facilities. At the same time, it called for the special public-interest status to be extended to battery storage facilities.
Market-driven storage projects
In its written statement, the Bundesverband Energiespeicher Systeme called for all storage technologies to be included in accordance with their importance to a flexible electricity system. The proposed procedural advantages should not depend exclusively on whether a project has been awarded a contract under the Stromversorgungskapazitätengesetz.
In the association’s view, market-driven energy storage projects also contribute to flexibility and security of supply. They should therefore also be eligible for appropriate procedural facilitations.
In addition, the deadlines for submitting statements and for administrative decisions should be shortened and structured in a manner that ensures legal certainty. The commencement of the decision period must not be delayed by a review of completeness with no defined time limit.
Fundamental rejection of the proposed legislation
One individual consulted rejected the bill in its entirety. The criticism focused on the classification of certain projects as being in the overriding public interest.
According to this position, the status could result in a project prevailing, when interests are weighed, over nature and heritage conservation concerns and over the interests of neighbours and municipalities, without the need to provide separate justification for such priority in the individual case. The overriding public interest already applies to renewable energy, storage facilities, electricity grids, hydrogen pipelines and national defence. In future, power plants and certain port structures would also be covered.
It was also criticised that the bill would grant special status to a predetermined group. This could create irreversible facts even before a political decision is made, although the policy concerned is controversial among the public. Furthermore, according to this view, there is no provision for measuring the effectiveness of the proposed rules.
Statement by the Bundesrat
At its 1068th meeting on 25 September 2026, the Bundesrat (Federal Council) issued a statement on the bill pursuant to Art. 76 Abs. 2 GG (Article 76(2) of the German Basic Law). Among other points, it requested an examination of whether the acceleration provisions could also be extended to electricity grid infrastructure. Substations, switchgear installations and converters were expressly mentioned.
In addition, the Bundesrat proposed a new Art. 5a amending § 8 Abs. 2 Satz 1 und 4 of the Wasserstoffbeschleunigungsgesetz (Hydrogen Acceleration Act). It expressly welcomed the inclusion of construction measures in port areas for the manufacture or transport of platforms for offshore grid connection lines.
The hearing thus highlighted differing assessments of the proposed acceleration instruments. While several statements called for their extension to grids, storage facilities and associated infrastructure, the fundamental criticism focused in particular on the scope of the overriding public interest.
MTR Legal advises companies, investors and high-net-worth private individuals on matters of business law.
