Combined Heat and Power Act

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Basic data
Title: Law for the maintenance, modernization and expansion
of combined heat and power
Short title: Combined Heat and Power Act
Abbreviation: KWKG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Energy law , environmental law
References : 754-28
Original version from: March 19, 2002
( BGBl. I p. 1092 )
Entry into force on: April 1, 2002
Last revision from: December 21, 2015
( BGBl. I p. 2498 )
Entry into force of the
new version on:
January 1, 2016
Last change by: Art. 7 G of August 8, 2020
( Federal Law Gazette I p. 1818, 1853 )
Effective date of the
last change:
predominantly August 14, 2020
(Art. 11 G of August 8, 2020)
GESTA : E035
Please note the note on the applicable legal version.

The Combined Heat and Power Act regulates in Germany since 2002, supply and payment for the electricity from plants for cogeneration .

history

The original version of the Combined Heat and Power Act (more precisely: Law for the maintenance, modernization and expansion of combined heat and power ) came into force on April 1, 2002. It was preceded by the law on the protection of electricity generation from combined heat and power generation of May 12, 2000 as a CHP upstream law to safeguard the existence of such systems.

The first major amendment to the law was passed on June 6, 2008. The 2009 amendment to the KWKG came into force on January 1, 2009 and includes significant changes in relation to the previous KWK Act.

In May 2012, another amendment to the KWKG was passed by the Bundestag, which came into force in July 2012. The main points of the amendment are the improvement of the promotion of CHP systems ( combined heat and power plants and combined heat and power plants ) through higher CHP surcharge rates, more flexible runtime models, unbureaucratisation, new modernization options and a new system category for systems with 50 to 250 kW electrical output. In addition, the promotion of heat and cold storage and cooling networks (for the use of combined heat, power and cooling ) was included in the CHP Act for the first time.

Purpose of the law is according to § 1 (new version of December 21, 2015):

"This law serves to increase the net electricity generation from combined heat and power plants to 110 terawatt hours by 2020 and to 120 terawatt hours by 2025 in the interests of energy savings and environmental and climate protection."

On October 2, 2014, the Federal Ministry for Economic Affairs and Energy published a report on the status and prospects of combined heat and power. The report is intended to serve as the basis for evaluating the pay-as-you-go funding according to Section 12 KWKG.

A new version of the law came into force on January 1, 2016. This version is currently (as of April 23, 2016) still being examined by the European Commission with regard to state aid law.

Similar to the Renewable Energy Sources Act (EEG), the subsidy (or remuneration) that operators of certified CHP systems receive is allocated to the total electricity consumption, i.e. to every kilowatt hour consumed in Germany . Furthermore, according to Section 11 (1) EEG 2014 , electricity that is generated in CHP plants has the same feed-in priority into the public power grid as electricity from plants that are subsidized under the EEG.

CHP surcharge

Temporal progression of the CHP surcharge for annual consumption up to 100,000 kWh in the years 2005–2015

The apportionment of the costs takes place via a surcharge on the network usage charges in three stages to the end consumer:

CHP surcharges in ct / kWh
Annual consumption 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
For annual consumption up to 1,000,000 kWh 0.336 0.341 0.289 0.198 0.231 0.130 0.030 0.002 0.126 0.178 0.254 0.445 0.438
For annual consumption over 1,000,000 kWh 1) 0.050 0.050 0.050 0.050 0.050 0.050 0.030 0.050 0.060 0.055 0.051 0.040 0.080
For annual consumption over 1,000,000 kWh in energy-intensive companies 2) 0.025 0.025 0.025 0.025 0.025 0.025 0.025 0.025 0.025 0.025 0.025 0.030 0.060
1)Legal basis: Section 9 (7) sentence 2 KWKG
2)Legal basis: Section 9 (7) sentence 3 KWKG for companies whose electricity costs in the previous calendar year exceeded 4% of sales

Web links

literature

  • Martin Altrock, Ulf Jacobshagen, Wieland Lehnert, John A. Miller, Ullrich Müller, Adolf Topp, New Legal Framework for Combined Heat and Power and Renewable Energies , AGFW Projektgesellschaft mbH, Frankfurt am Main 2009, ISBN 3-89999-015-3

Individual evidence

  1. a b Amendments to the KWKG by 2015
  2. The changes to the KWKG 2012 at a glance
  3. Federal Ministry of Economics publishes report on combined heat and power , October 2, 2014.
  4. KWK surcharge 2005 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  5. CHP surcharge 2006 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  6. CHP surcharge 2007 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  7. CHP surcharge 2008 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  8. KWK surcharge 2009 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  9. KWK surcharge 2010 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  10. CHP surcharge 2011 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  11. CHP surcharge 2012 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  12. CHP surcharge 2013 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  13. CHP surcharge 2014 ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  14. CHP surcharge 2015 ( Memento of the original dated November 1, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Database ( memento of the original dated November 1, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.netztransparenz.de @1@ 2Template: Webachiv / IABot / www.netztransparenz.de
  15. CHP surcharge 2016