Is the construction of Energy Bands subject to Environmental Impact Assessment (EIA)?

Even if there is an EIA obligation in certain regions depending on the length and thus power of Energy Bands, it is expected that this should be able to be fulfilled quickly and thus without impediment to rapid implementation:

1.The Energy Bands represent significant relief for unsealed open space, which would otherwise be covered with PV modules instead: When fully developed along interstate roads and highways, this represents 900 to 1000 square kilometers of land relief, installed elevated along highways instead of covering up open space.

2.Energy Bands are located on strips directly adjacent to highways and federal roads, i.e. areas that are already considered disadvantaged areas, contaminated by noise and pollutants from traffic. Even without requiring compensatory measures in the course of an EIA, positive additional measures should therefore be considered in the course of their installation, such as planting bushes between the poles, which would create a protective wall for crossing game and small animals. Supplemented by amphibian passages and small animal tunnels, the installation of Energy Bands can thus be combined with proactive nature conservation measures.

Do Energy Bands pose hazards to vehicles?

Unlike solar fields along the highway, the PV modules of the Energy Bands ribbons with 5 meters clear height do not run the risk of dazzling motorists. However, this must be checked separately for each section, as the situation can change with slopes or curves, etc. The same applies to irritaions caused by shadows, which tend to be far migrating and weaker from this great height, but still need to be investigated in pilot projects.

Much more critical is the question of the potential danger posed by electric cables (even if the overhead cables on the Energy Bands have siginificantly lower voltage levels than those of the E-Highways). Hessen Mobil answers a similar question for the E-Highway on the A5 as follows:

Various measures are taken against hazards emanating from electric current:

•The contact wires are routed approximately one meter above the permissible vehicle height of four meters.

•In addition, protection is provided by the use of protective devices known from railroad overhead line construction. Established technology can therefore be used for this purpose.

•To prevent electrically conductive parts from protruding into the traffic area in the event of a contact wire break, a system is installed that detects the contact wire break and automatically and immediately de-energizes the pilot plant.

•In addition, the overhead contact line system is designed in such a way that a broken contact wire cannot protrude into the traffic area.

•In addition, the pilot plant is monitored around the clock by the Hesse traffic control center and can be manually de-energized and grounded from there in an emergency.

Can the necessary roadside land be leased from Autobahn GmbH so close to the highway, or can the use of federal highways be compensated with other forms of fees?

In principle, empirical values speak for a high willingness to cooperate on the part of Autobahn GmbH when it comes to the installation of renewable energies: For example, the Solar Cluster Baden-Württemberg lobbied for a reduction of the no-cultivation zone from 40 to 20 m and received a basically positive decision from Autobahn GmbH:

"Due to the position of renewable energies as an overriding public interest, a reduction of the distance is possible for a large number of projects. However, it always requires an assessment of the specific circumstances of the individual case, the highway authority informs. The necessary application for an exemption can be submitted informally by email to anbau@fba.bund.de."

In the present feasibility study, the user fee for federal trunk roads for Energy Bands was set at an average of 3,000 euros p.a. per kilometer, which would result in additional revenue for the Autobahn GmbH of 135 million euros p.a. if Energy Bands were expanded throughout Germany. With its current revenue (2020) of around 160 million p.a., the Energy Bands business should prove an attractive option for the Autobahn GmbH - despite the additional expenses involved.

The examination of the legal framework includes numerous other fields and should be part of the planning and, if necessary, funding for the first pilot projects

1.Is the project eligible for funding under the EEG?

2.Are the unbundling provisions pursuant to §§ 6 et seq. EnWG applicable in the present case?

3.Will the approval authorities specify deconstruction obligations? Do these have to be specially secured (e.g. security deposit)?

4.Are Energy Bands part of the critical infrastructure as defined in § 2 (1) no. 1 BSI-KritisV in conjunction with Annex 1? Annex 1? What are the consequences of such a classification?

5.Is there a compelling need for a legislative change at state, federal or European level, or would such a change be expedient (e.g. LBO, § 35 BauGB, EnWG and underlying EU directives)?

6.How will ownership be clarified? Will the necessary areas at the roadside be leased? Do they need to be secured in the land register?

7.Are there liability risks in the event of traffic accidents that are partly due to glare, distraction, shadows cast, etc.? Who is liable in the event of accidental damage or destruction of Energy Bands? Is there a threat of partial power loss/blackout in this case? What are the liability risks in the event of such a blackout?

If there is a need for legislative adjustments at the federal or European level to make Energy Bands an important infrastructure for the energy transition, there should be a high level of willingness to pave the legislative way

(1)Energy Bands are a sensible building block for Germany and all European member states on the way to the energy transition

(2)Energy Bands can be designed with control systems as "smart grids" so that they can relieve conventional grid structures in the case of volatile renewable energy.

(3)Energy Bands are a milestone on the way to implementing the hydrogen strategy in Germany and Europe, as they can link large hydrogen tanks to be installed underground in remote areas to their own Energy-Band-power generators as well as to power producers along their routes.

(4)Energy Bands represent a distinctly environmentally friendly solution because, unlike closed planar solar fields, they have only a minor negative albedo effect and thus do not contribute to the potential regional warming of areas.