Scholz expects agreement on the heating law before the summer break

Status: 09.06.2023 2:37 p.m

Not only Economics Minister Habeck, but also Chancellor Scholz remains confident: he expects a speedy solution to the dispute over the planned heating law. It will come before the summer break in the Bundestag.

Chancellor Olaf Scholz is still confident that the controversial heating law can be brought before the Bundestag next week. That said government spokesman Steffen Hebestreit in Berlin. When asked whether this meant that the draft law would then also come into the Bundestag, he answered “yes”. Scholz is regularly informed about the negotiations of the traffic light parliamentary groups, which are now on course.

Yesterday, Federal Economics Minister Robert Habeck confirmed that he still expects a Bundestag decision on the heating law before the summer break. “I think a lot has changed in the last two weeks,” said the Green politician on the sidelines of the commissioning of one of the largest wind-to-heating plants in Wedel, Schleswig-Holstein.

The next step is the first reading of the law in the Bundestag. “From my point of view, there is no reason not to do it, because the corridors for agreements are clearly defined by the many discussions and public announcements.” He would therefore be very surprised “if one were to hold out now, not to put it on,” says Habeck.

Greens want a decision before the summer break

So far, the FDP has prevented the draft law passed by the cabinet from being introduced to the Bundestag. The Greens in particular are insisting that it be passed in Parliament before the summer recess. The last week of sessions in the Bundestag ends on July 7th.

The bill requires new and replaced heaters to be powered by at least 65 percent renewable energy by 2024. However, there should be a number of exceptions. The coalition had decided that the law should come into force on January 1, 2024, possibly with extended transition periods. Critics fear that many citizens will be overwhelmed financially and that there will be too much focus on heat pumps.

Report: SPD proposes compromise

As the “Spiegel” reports, the SPD is said to have introduced a compromise proposal into the negotiations. According to this, the planned obligation to install climate-friendly heating systems could be partially eliminated – the installation of heat pumps or hybrid systems, for example, would only be mandatory in new buildings. In existing buildings, on the other hand, broken oil and gas heating systems only need to be voluntarily replaced with systems that are operated with at least 65 percent renewable energy.

By 2030, the state would contribute to the financing of such climate-friendly devices. The funding is to be socially graded and expanded so that the personal contribution to the financing is limited to a reasonable level.

Opinion: Law in part unconstitutional

Meanwhile, constitutional doubts about the planned heating law were raised. According to the Passau law professor Meinhard Schröder, it is partially unconstitutional. In several points, the law violates the principle of equality in Article 3 of the Basic Law, said the Bavarian Minister of Economic Affairs Hubert Aiwanger (free voters), who had commissioned the legal opinion.

The best example is the age limit of 80 for exemption from the obligation to replace the heating system, explained Aiwanger. Owners under the age of 80 would be treated completely arbitrarily differently than older ones. In addition, the draft law does not take into account the economic and health conditions. “In extreme cases, 79-year-olds with a small pension have to sell their house. Wealthy 80-year-olds, on the other hand, can continue to heat with oil and gas.” However, if the co-owners of a property are younger, “then the heating system will be replaced again. Nobody understands that,” said Aiwanger.

According to the legal opinion, the unequal treatment of owners and tenants also violates the principle of equality. Elderly tenants are not taken into account, although replacing the heating system is not reasonable for them either if the apartment becomes temporarily uninhabitable. The heating law does not meet the minimum formal requirements, cannot be implemented in practice “and belongs in the bin,” according to the Bavarian Economics Minister.

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