Germany's energy transition stands or falls with social acceptance of new wind and photovoltaic installations. With the country-specific Participation laws according to § 6 EEG (Renewable Energy Sources Act) the German legislature has created a framework to enable municipalities and citizens to participate economically in projects. The idea: If communities and residents directly benefit from returns, local acceptance increases, and planning procedures can be implemented more quickly.
However, this participation in the EEG originally as voluntary submission specified. Operators can offer financial contributions to municipalities or citizen cooperatives, but are not obligated to do so. Some federal states have enacted their own participation laws based on §§ 6 and 22b EEG – and have turned the voluntary option into a binding obligation done.
For operators and investors, especially of Wind and also solar park projects does this mean an additional financial burden. While increased acceptance is undeniably important for the energy transition, mandatory payments affect the economic viability of projects and must be factored into the planning of large facilities.
The EEG (Renewable Energy Sources Act) regulates the following in Section 6: * **Market premium for electricity from renewable energy sources:** This section defines the requirements and conditions under which electricity generated from renewable energy sources can receive a market premium. The market premium is a payment designed to compensate operators of renewable energy installations for the difference between the market value of the electricity and a target remuneration.
Section 6 of the Renewable Energy Sources Act forms the legal basis for financial investments by municipalities and citizens in renewable energy projects. In combination with Section 22b, it allows the federal states to introduce corresponding regulations and defines the limits within which operators may make payments without this being considered an undue surcharge or price distortion.
At its core, § 6 EEG provides the following:
- Voluntary Payments: Operators can Granting municipalities and citizens financial benefits, such as fixed payments per kilowatt-hour generated, lump sums, or discounted electricity tariffs.
- No nationwide requirement: The EEG obligated Operator not, to make payments. It merely opens a secure legal framework within which such payments are permissible.
- Design leeway for states under § 22b: Each federal state can, based on this, own participation laws to enact and determine whether payments remain voluntary or become mandatory.
With this, Section 6 of the EEG bridges the gap between the goal of Increase in acceptance for renewable energy systems and the Legal certainty for operators who wish to make such payments. In practice, however, this means: While the EEG only opens up an option, several countries have since made it a mandatory levy.
Especially with Utility-scale photovoltaic projects this can lead to significant additional costs that go beyond the voluntary idea and directly affect investment calculations.
Which federal states have participation laws?
The state laws based on § 6 EEG differ greatly in their design and scope. While many regulations were originally introduced for wind energy, increasingly also PV ground-mounted systems or. Solar parks captured. For operators of large projects, this means: In some countries, fees are now mandatory and therefore a direct cost factor.
Overview by Federal State (As of: August 2025)
Mecklenburg-Western Pomerania
The first participation law has been in place since 2016, so far only for wind turbines. An amendment is in preparation that will also include ground-mounted PV systems from 1 MW in the future. The specific design is to be negotiated individually with the municipalities.
North Rhine-Westphalia
Law in effect since the end of 2023, currently focusing on wind turbines. Ground-mounted PV systems are not yet covered. In the absence of an agreement, a compensatory payment of 0.2 ct/kWh applies to the municipality from wind turbine operators. Additionally, models such as subordinated loans or discounted electricity tariffs for citizens are possible.
Lower Saxony
Law since April 2024, one of the first federal states with an explicit regulation also for ground-mounted solar PV systems. Operators must make a mandatory payment of 0.2 ct/kWh to the municipality („acceptance fee“). Further models for citizen participation, such as savings products or discounted electricity tariffs, are possible.
Saarland
Mandatory citizen and municipal participation since June 2024, but primarily focused on wind energy. Participation can occur through project companies, flat-rate payments, or foundation models. There is no obligation for ground-mounted solar PV yet, but discussions are ongoing.
Brandenburg
Participation Act since 2019 for wind energy. New from 2025 is a mandatory special levy for ground-mounted PV systems: €2,000 per installed MW per year to the respective local municipality.
Saxony
Participation Act since June 2024. For the first time, an explicit obligation for ground-mounted PV systems of 1 MW or more, which are approved after December 31, 2024. Payment of 0.1 ct/kWh to the municipality or an individually negotiated alternative. Violations can be penalized with fines of up to €100,000.
Thuringia
Participation Act since June 2024, currently only binding for wind turbines. Municipalities must be included in the revenue. There is currently no legal obligation for PV ground-mounted systems.
Saxony-Anhalt
Draft law passed in April 2024, but not yet in effect. A mandatory annual levy for ground-mounted PV systems is planned: €3 per kW of installed capacity. Alternative models are being discussed.
Bavaria
Draft law 2024 in the hearing. A mandatory levy is planned for wind and open-space PV systems from 1 MW: 0.2 ct/kWh to the municipality and an additional 0.1 ct/kWh to affected residents. Total burden therefore 0.3 ct/kWh. Entry into force is still expected in 2025.
Other countries (without mandatory participation)
In Schleswig-Holstein, Hamburg, Bremen, Hesse, Baden-Württemberg, and Rhineland-Palatinate, there is currently no binding participation law. Citizen or municipal participation in these states occurs on a voluntary basis or through local energy cooperatives. While concepts for use, land designations, and planning processes for renewable energies almost always involve citizen participation, they are often decentralized and project-specific. Therefore, levies are not currently a cost factor for wind and solar park projects in these states, although acceptance measures remain an important issue.
Wind Turbines in Focus
In summary, the obligation for citizen and municipal participation currently applies mainly to wind turbines. For large-scale PV projects, mandatory regulations are primarily relevant in Lower Saxony, Brandenburg, Saxony, and soon Bavaria. Mecklenburg-Western Pomerania and Saxony-Anhalt are close to introducing similar requirements. Other renewable energy facilities such as solar on buildings or biomass plants are not part of these binding citizen participation laws.
Large-scale photovoltaic projects in the participation laws according to § 6 EEG
For operators of ground-mounted photovoltaic systems, participation laws bring both advantages and significant challenges. On the positive side, the Increase in acceptanceMunicipalities and citizens benefit directly financially, which noticeably reduces resistance to new projects. In addition, binding regulations create a certain Planning security, as clear specifications reduce negotiation effort and prevent integrators from having to negotiate individual solutions for every system. Also the Image gains, when operators visibly appear as partners in the energy transition and promote local value creation.
However, there are disadvantages to this as well. The mandatory fees – whether in the form of fixed cent amounts per kilowatt-hour or flat rates per installed capacity – charge the Economic efficiency and reduce the Yield. In addition, the very different regulations in the federal states make uniform calculations difficult and thus the Location Selection can influence. In practice, the implementation of participation models also requires additional contracts and administrative structures, which projects complex and time-consuming power.
Overall, participation laws for large-scale PV projects are a balancing act: they can strengthen social acceptance and secure projects locally, but at the expense of economic viability and ease of implementation.
Conclusion & Outlook
Citizen and community participation according to § 6 EEG is increasingly becoming an integral part of the renewable energy project landscape. While the EEG originally only offered a voluntary option, many federal states have now introduced mandatory regulations according to § 22b EEG – partly already for ground-mounted photovoltaic systems, and partly still with a focus on wind energy. For operators of large-scale PV projects, this means financial contributions that, while promoting acceptance, simultaneously burden profitability.
Currently, a patchwork of state regulations is emerging, creating additional complexity for project developers. However, in the long term, greater unification by the federal government or further harmonization at the state level could occur. One thing is clear: participation laws will continue to evolve and shape the expansion of photovoltaics in the long run. Companies implementing large-scale PV projects should actively monitor these developments and consider them early in their project calculations.