In intensive discussions, the Energy Commission of the Council of States dealt with the differences regarding the Federal Act on a Secure Electricity Supply with Renewable Energies (21.047). It introduced new proposals on numerous points in order to find an appropriate balance between protection and use interests and thus create a broadly supported bill. By 8 votes to 5, the Commission proposes the deletion of the article on the suspension of residual flow regulations for existing hydropower plants, as decided by the National Council. It emphasises that the proposed provision is constitutionally questionable. Moreover, there would be enough time to find a balanced solution to the problem of impending production losses at existing hydropower plants. A minority would like to follow the National Council’s lead, since without the full preservation of existing electricity production from hydropower, the targeted expansion of renewable energies could not be achieved.
The Commission is also in favour of identifying suitable areas for the use of solar and wind energy in the cantonal structure plans. Conservation interests should also be taken into account in this planning. In the defined areas, the need for facilities for the use of renewable energies should be identified and the facilities should be site-specific. In addition, they are to take precedence over other national interests in a balancing of interests. The condition for this is that the installations are not realised in inventory objects according to Art. 5 NHG. In addition, the “Chlus” project should benefit from the same facilitations as the 15 selected projects for storage hydropower. A minority rejects this amendment.
NATIONAL INTEREST IN FACILITIES FOR THE USE OF RENEWABLE ENERG IES
The Commission also dealt with the framework conditions for facilities for the use of renewable energies in the national interest. As decided by the National Council, these should continue to be excluded in biotopes of national importance as well as in waterbird and migratory bird reserves, but in newly emerging glacier forelands and alpine alluvial plains they should in principle be eligible. This exclusion should not apply to hydropower plants that serve ecological restoration. In addition, it should now be possible for the residual flow to run through these protected areas during the construction of hydropower plants; a minority wants to adhere to the National Council’s decision here. By 9 votes to 3, the Commission would like to maintain that electrolysers and methanisation plants above a certain size and importance should also be considered of national interest in terms of nature and cultural heritage protection (NHG).
COMPULSORYUSE OF SOLAR ENERGY
The Commission rejects the National Council’s decision to make solarenergy compulsory for all new buildings as well as significant conversion and renovation projects as too strong an encroachment on private property and the sovereignty of the cantons. Instead, it proposes by 6 votes to 4 with 2 abstentions that the mandatory use of solar energy on buildings with an area of 300 m2 or more, as decided by the “Federal Act on Urgent Measures for the Short-Term Provision of a Secure Electricity Supply in Winter” (21.501, draft 4), be transferred into the applicable law for an unlimited period. A minority calls for a solar obligation in accordance with the National Council, but this should only apply to new buildings and roof renovations. In addition, the Commission supports, by 7 votes to 3, an obligation to roof vehicle parking spaces of a certain size with solar elements. This obligation should apply immediately to new parking spaces of 250 m2 or more, and to existing parking spaces of 500 m2 or more with a transitional period of 5 years. A minority wants to abolish this obligation completely; according to another minority, it should only apply to new parking spaces from 500 m2 and to existing parking spaces from 1000 m2.
In the area of the promotion of renewable energies, the Commission proposes that the Federal Council be given the authority to set minimum remuneration for the return to the grid operator for installations up to 150 kW. This should also create investment security for smaller and thus more expensive plants. In return, the transitional provisions with fixed remuneration adopted by the National Council are to be deleted, as they place too great a burden on grid operators and tied electricity consumers. In addition, the UREK-S would like to retain the creation of a special incentive for winter electricity production within the framework of the sliding market premium. If the reference market price for electricity in the winter months exceeds the guaranteed remuneration, the plant operator should receive a share of between 10 and 40 % of the surplus, to be determined by the Federal Council.
CREATION OF A MARKET FOR EFFICIENCY SERVICES
The Commission supports the programme for the creation of a market for efficiency services adopted by the National Council by 6 votes to 5 with one abstention. This programme stipulates that the energy supply companies (EVU) must prove annually that they have provided a certain amount of measures to increase electricity efficiency for end consumers or that they have commissioned these measures from third parties, so-called efficiency service providers. Whether the target is met or not is not measured by the electricity sales of the energy supply company: the efficiency services represent a new, independent business field. The measures are also not limited to the grid area of the respective utility. This means that the most favourable measures can be taken first throughout Switzerland. A minority rejects this efficiency programme, pointing to the enforcement effort, conflicting goals of the RUs and the existing measures to increase efficiency.
On the question of the energy reserve pursuant to Art. 8a StromVG, the Commission basically follows the decision of the National Council. Operators of storage hydropower plants should be able to be obliged to set up a reserve. However, certain framework conditions are to be changed; for example, the obligation should only be possible for operators of plants with a capacity of 10 GWh or more. In addition, the compensation for the water held in reserve should also take into account the current market situation.
FRAMEWORK CONDITIONS FOR THE ELECTRICITY NETWORKS OF THE FUTURE
By 11 votes to 1 with 1 abstention, the Commission is in favour of all grid reinforcements necessary for the feed-in of renewable energy being passed on to electricity consumers throughout Switzerland on a solidarity basis. For expansions at the lowest grid level, a lump sum should be paid to the grid operator without requiring approval from Elcom. Like the National Council, the Commission also proposes that the costs for the reinforcement of certain connection lines be allocated for at the national level. Lines between the boundary of the property on which a renewable energy production facility is located and the grid connection point are to benefit from this support.
In the area of the basic supply of electricity (Art. 6 StromVG), the Commission proposes to retain the current law and thus the average price method. The amendment adopted by the National Council was not convincing. However, the Commission supports the introduction of a standard electricity product, which should be based in particular on renewable domestic energy.
The Commission proposes to refrain from opening the market in the area of metering and thus adheres to the decision of the Council of States. However, the data collected by the grid operators should be better available. Furthermore, it follows the decision of the National Council, according to which storage facilities with end consumption should also be relieved of the grid usage fee: It should be possible to reimburse the grid fee for the electricity fed back into the grid. A minority proposes to adhere to the decisions of the Council of States. Furthermore, the use of flexibility in electricity consumption should only be possible with the express consent of the owner.
In view of the complex differences regarding the overcoat decree (21.047), the Commission was unable to conclude the detailed discussion on the CO2 Act (22.061) in time for it to be dealt with in the summer session. It will bring this bill into the autumn session.
The Commission met in Bern on 11/12 May 2023 under the chairmanship of Councillor of States Adèle Thorens Goumaz (G, VD) and partly in the presence of Federal Councillor Albert Rösti.
