A new wind energy law will guarantee municipalities more power

The government will send one on Friday Suggestion Regarding amending the Energy Law and the Planning and Building Law. The motive is to give municipalities more power in matters of wind energy.

We want to give local governments more control. Increased participation of municipalities and local communities is essential to legitimizing these processes, says Local Government Minister Sigbjørn Gjelsvik (Sp).

The deadline for consultation on the proposal is February 27, and the goal is to implement the new rules from this summer.

Bill follows a An encouraging decision From Parliament that new wind energy developments should be moved from the Energy Act to the Planning and Building Act.

More about the proposal

The proposal in the advisory note means that the ground clearance requirement for wind power plants was introduced under the Planning and Building Act in the form of area regulation, before the license is granted under the Energy Act.

The area regulation should specify the comprehensive requirements relevant to the decision on land use.

The municipality should be able to ask developers to draw up proposals for zoning the area, and developers should have the corresponding right to be able to promote such a plan.

The wind power project exemption right, which applies today, will be significantly curtailed. However, there may be an exception to the requirement of area regulation where the prerequisites relating to the area are set out at the same level of detail as in area regulation, for example in the Municipal Plan (Part).

Wind power plants will continue to be licensed under the Energy Law as it is today. The ability to rescind and change district regulations for wind farms with a limited license application.

The special rule regarding the ability to grant final concession to wind energy was abolished by the effect of the state’s spatial plan. It is also clear that government spatial plans cannot be complained about.

– A tall country like Norway has enough of nature

The decision came after an agreement between the parties on the need for “more comprehensive operations” and greater local participation in the wind energy issue.

The same acknowledgment meant wind energy development was put on hold in 2019.

But last year, Prime Minister Jonas Gahr Store (AP) declared it was time to start. Behind the song were expectations of current use and a tense energy situation.

– I like to believe that a tall country like Norway has enough nature to do this in a nice way, he told NRK.

Jenny Folling (Sp) is the mayor of Sunnfjord, who will decide on a potential candidate this winter The wind farm at Hoyangerfjellet.

– She says it is positive that there is a change in the law that would give municipalities a hand in wind energy matters.

– But I am surprised at the short consultation period. The state has spent two years on this matter, and the municipalities are given a consultation period of one and a half months.

Høyanger’s mayor, Peter Sortland (Ap), told NRK that he’s wondering the same thing.

– This takes local democracy very seriously

John Rolf Ness, Leader of the National Association of Hydropower Municipalities (LVK)

– Giving municipalities now more power over wind energy creation is good news! These are often major interventions, affecting many in the area in and around the affected areas, and so it is very good for municipalities to decide if they want such an institution, and on what scale. This takes local democracy seriously, and may mean that municipalities will be more positive about more wild winds in the future. We need this in order to face the future in a sustainable way. This is good for turning green.

Åslaug Haga, President of Renewable Norway

– The proposal seems to be a good compromise. We’re concerned that the processes might become too complex for us to get the project up and running quickly and efficiently, but the most important thing right now is to put in place a framework for local installation when building wind power.

We understand that municipalities now have a hand in the wheel with the licensing process, and can feel completely safe that no NVE license will be granted without the municipality deciding how the area is to be used. We have long believed that local anchoring of wind energy should be promoted, and we hope this legislative change will contribute to that. Hopefully, municipalities will now pass through areas that might be suitable for wind power, not least areas that are not at all suitable.

Brad Ludwig Thorheim, right

– Hughry is clear that it is urgent to accelerate the pace of production of more renewable energy, so this day has not come too early. Amendments to the Planning and Building Law that give municipalities a hand in development were supposed to be introduced last year. Still, it’s good that the government is now hearing about this. We know we need more power in Norway. Onshore wind power is the least expensive way to get more power fast.

At the same time, the government has imposed a land rent tax on wind power on the ground, which is politically risky. Many investors will now refuse to invest in energy development in Norway. The competition for capital is great, and our neighboring countries also have big plans that now look more attractive.

production tax and base interest tax

Several steps have been taken in the past year to involve and compensate municipalities that provide natural resources to councils.

In 2022, A.J production fee which is the responsibility of the host municipalities. From 2023, it is set at 2 øre per kWh.
Moreover, ground rent tax has been introduced for onshore wind power plants from 2023.

Today, the main rule is that municipalities grant permits for wind power in afterwards The project has obtained a license.

In the legislative proposal of the government, land uses will be clarified in accordance with the Planning and Building Law – to License is granted.

Simply explained: the regulation of wind energy development is transferred from the Energy Law to the Planning and Building Law (where the municipal council has the final say).

– In the past, municipalities have taken the risk of changing a project they said yes to before it was built, so that it ends up, for example, with higher turbines than they thought. We’ll correct that, says Jelsvik.

– We must strengthen the balance of power

Oil and Energy Minister Terje Asland (AP) adds that the overall goal is to facilitate further wind power development – “to enhance the energy balance and reach national climate goals”.

– Now we transfer power to the municipalities. This will provide a more predictable framework and help reduce the level of conflict in wind energy situations.

NVE It predicts an increase in energy consumption in Norway of 36 TWh until 2040.

Norway needs up to 50 percent more force

Two new reports He says Norway needs up to 50 percent more energy for a green transition by 2030.

A similar signal came this fall from Statnett, which reported energy deficits starting in 2027.

In addition, this comes:

The Norwegian Environment Agency announced before Christmas that the country would need an additional 60 TWh to electrify the transport sector by 2050. Today, 33 percent of Norway’s domestic emissions come from the transport sector.
The Norwegian Environment Agency previously stated that the onshore industry would need an additional 14 TWh of additional energy to meet the emissions requirements of the Paris Agreement.
The controversial measure of shelf electrification has been calculated at around 15 TWh per year.
According to a new report by Thema Consulting for NHO, Norway’s annual energy demand could increase by 57 TWh to 196 TWh in 2030.

in Hurdal platform Write to the Støre government that they will “ensure that communities that provide natural resources get more in return”.

– A clarification we have been waiting for for a long time

Cloudberry Clean Energy Director Andreas Thun Asheim calls the bill “an important illustration for municipalities and the wind energy industry.”

– This is a clarification we have been waiting for for a long time. Municipalities can now formalize the veto power they used to have.

It is positive that the district process runs parallel to the licensing process, he says, “but there may be challenges associated with long periods between reviews of the district portion of the municipal scheme.”

– Hopefully, more municipalities will now go through their regions, assessing where wind energy might be relevant, not least when it isn’t. We will now study the government’s proposal in more detail, and then we hope that the government will listen to the industry and introduce a neutral ground rent tax for new projects, so that it will be possible to realize new wind energy projects in those municipalities that want more power.