Bavarian Climate Protection Act excludes wind power – Bavaria

It was at the end of April that the Federal Constitutional Court announced that the federal government must step up its efforts to protect the climate. Prime Minister and CSU boss Markus Söder immediately recognized that the decision had serious effects on Bavaria and quickly announced a new climate protection law. Everyone expected that it would be by the summer break at the latest. But then there was only a government statement. Now there are signs that Söder could present his new climate protection law in November – albeit slimmed down around the question of how he will keep up with wind power in Bavaria. The climate protection law and the future of wind power in Bavaria will be decoupled. So it is to be heard these days from the CSU parliamentary group.

That is amazing. After all, climate protection and the energy transition and thus the expansion of wind power are closely linked. In addition, Söder had announced in his government statement that there will be a small reform of 10H as part of the new climate protection law. According to the specifications, the distance between a wind turbine and the next residential area must be at least ten times the height of the system. With modern wind turbines, that’s two kilometers. From the point of view of experts, environmental associations and the opposition in the state parliament, 10H is responsible for ensuring that wind power does not advance in Bavaria. The reason: there is simply a lack of land on which wind turbines can be built in compliance with the specifications. This is why 10H is highly controversial.

In the government declaration, Söder has now promised exceptions to 10H: when repowering, i.e. when replacing old wind turbines with new ones, in the state forests, on pre-polluted areas, for example on motorways, or in so-called priority areas that were once specifically designated for wind farms, but because of 10H have been collected. All in all, at least 500 new wind turbines should be possible in Bavaria, Söder said in July.

In the debate “it immediately became very emotional again”

But the reform is not making progress. One reason is that, despite all the efforts, the building ministry should simply not manage to insert the exemptions from 10 H into the Bavarian building regulations so legally that they will stand in court. An example: No judge in the world should understand why 10H should apply in a private forest, but not in state forests, says a CSU MP who does not want to be named. The distinction is such a deep encroachment on property rights that it is unlikely to be tenable.

The other reason is no less important: Major CSU MPs, especially from northern Bavaria, where a comparatively large number of wind turbines are located, absolutely do not want any reform of 10H, regardless of what Söder announced in his government statement. When it was recently debated in a parliamentary group working group, “it immediately became very emotional again,” says a CSU member. “We just have too many people in the group who are opposed to even the smallest improvement in wind power.”

And then there is the matter of the new federal traffic light coalition. The SPD, the Greens and the FDP agree that the expansion of renewable energies must be greatly accelerated. As far as wind power is concerned, every federal state should be obliged by federal regulation to make two percent of the state’s area available for wind turbines. The Greens chairman Annalena Baerbock said in an interview these days that Bavaria in particular must finally make progress in terms of wind power.

This opens up a charming way out of the deadlocked debate in his CSU for Söder. He can just wait and see what the federal government will oblige Bavaria to do. And finally present your climate protection law – without improvements for wind power. The argument is likely to be: It makes little sense to reform 10H if the federal government wants to tackle the matter on its own. It is already clear what the parliamentary opposition will think of it. From their point of view, the new climate protection law will be Söder’s declaration of bankruptcy in connection with the energy transition.

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