Energy Act (kEnG) - Purpose and Subject Matter (KENG)

1. This law is intended to contribute to ensuring a secure and environmentally friendly energy supply in the long term and to promote an economical, rational, and sustainable use of energy.

2. It regulates the cantonal energy policy and establishes the necessary foundations for the implementation of the federal energy and climate objectives.

3. It serves for the execution of the superior energy laws.

1. All energy must be used economically, rationally, and sustainably. Energy consumption shall be reduced according to the respective state of the art through economically viable efficiency measures.

2. The canton and municipalities promote the disengagement from fossil energy sources. Within the scope of their responsibilities, they establish the necessary foundations for the expansion of renewable energies and make a significant contribution towards achieving climate neutrality.

3. By the year 2035, at least 40% of the cantonal electricity consumption shall be covered by renewable energies from the canton, specifically through the use of solar, wind, and water power.

1. The Government Council plans an energy policy coordinated with the Confederation and other cantons, ensuring its consideration in other cantonal planning.

2. To this end, it develops a cantonal energy concept, which particularly includes information on

a) * the goals and priorities of the cantonal energy policy;

b) * the planned measures to achieve the goals of the energy policy;

c) * cooperation with the Confederation and other cantons;

d) * the sensible use of various energy carriers.

3. The energy concept is submitted to the Cantonal Council for consultation and approval.

4. The Government Council monitors the achievement of goals and ensures the further development of the energy concept. It reports to the Cantonal Council every four years.

5. The canton seeks to ensure, in the energy supply companies in which it is involved, that the goals of the energy policy are achieved and that the feed-in of renewable energy into the public grid is adequately compensated.

6. The municipalities and companies involved in energy supply are obliged to participate. They must be heard.

1. Municipalities may develop an energy concept for their territory.

2. Municipalities shall consider the cantonal energy concept as well as the energy concepts and plans of neighboring municipalities. They shall coordinate their planning within the energy sector.

3. The energy concept shall particularly include details regarding

a) the current and future demand for heat;

b) the existing and exploitable heat sources;

c) the intended heat supply;

d) the necessary measures.

4. The energy concept may include zoning for the supply of heat with network-bound energy carriers, which can particularly serve as a basis for decision-making in spatial planning measures.

5. The energy concept is binding on the authorities and must be incorporated in any revisions of the municipal guiding and use planning.

6. If a district heating supply that serves the public interest uses local waste heat or renewable energies, offers heat under technically and economically reasonable conditions, and supplies the zones designated according to paragraph 4, the municipality may require property owners to connect their buildings to the distribution network within a reasonable time frame; exceptions are for already refurbished heat systems and systems that are operated with renewable energy.

7. The municipality may require property owners to grant rights of way for district heating pipelines in accordance with paragraph 6.

1. The Cantonal Executive Council is responsible for the overall supervision, while the Department of Construction and Economic Affairs is responsible for supervising the implementation of federal and cantonal energy legislation.

2. The Department of Construction and Economic Affairs may issue directives.

1. The municipalities implement the provisions of this law and its execution regulations, unless the canton is expressly designated as the competent authority.

2. The Office for the Environment

a) implements the remaining federal and cantonal regulations, unless specified otherwise;

b) supports the municipalities in enforcement;

c) acts as the contact point with the competent federal office.

1. The competent authorities may involve public-law corporations, private individuals, or private organizations in the execution of tasks, specifically assigning them duties of inspection, control, and supervision. The competent authority issues performance mandates to the third parties engaged for execution and periodically reviews their activities.

2. The involvement of public-law corporations, private individuals, or private organizations by the Office for the Environment requires approval from the Department of Construction and Economic Affairs.

3. The government council may establish a system of private control whereby third parties are authorized, by their signature on the certificate or through a report, to confirm that the relevant provisions were complied with in the project (project control) and during execution (execution control).

4. The government council may agree with other cantons on the joint fulfillment or delegation of execution tasks.

1. Extraordinary circumstances exist, and adherence to the provisions of this law or the implementing regulations constitutes an undue hardship; the competent authority may grant exceptions to individual provisions, provided that no overriding public interests are violated.

2. Anyone who wishes to claim an exception permit must submit an application. Specific evidence may be required from the applicant.

3. The exception permit may be associated with conditions or requirements or may be time-limited.

1. If proof is required under this law or the implementing provisions, it must be submitted before the commencement of construction. The competent authority may request additional documents as far as they are necessary for the evaluation of the proof.

2. The proof must demonstrate that the energy-related regulations of the federal government and the canton are being complied with. The proof must be signed by the builders.

3. The competent authority shall review the proof. The relevant work may only begin once the competent authority has approved the proof.

1. The Cantonal Executive Council may authorize offices and institutions entrusted with the enforcement of cantonal law to systematically use the federal Building Identifier (EGID) for the execution of statutory duties.

2. The systematic use is bound to the purpose of the tasks to be fulfilled.

1. Buildings, facilities, or parts thereof, as well as related installations and equipment (building services), must be designed, operated, and maintained in a manner that ensures economical and efficient energy use. Unless otherwise specified, existing buildings and facilities must be adapted to meet the minimum requirements when they are renovated or repurposed.

2. The government council sets the requirements and their verification. In doing so, it adheres to the state of the art and economic viability. It can, in particular, prescribe energy performance indicators and declare standards, recommendations, and guidelines from professional organizations as binding.

3. Unless otherwise specified, the state of the art is considered to be the requirements and calculation methods specified in the applicable standards, recommendations, and guidelines of professional organizations.

4. In special use plans, more stringent energy requirements for new buildings may be declared binding.

**1. New constructions, as well as renovations and extensions equivalent to new constructions, must be designed and equipped so that their energy requirements for heating, hot water, ventilation, and air conditioning meet current technological standards.**

**2. The governing council determines the type and extent of requirements for energy usage. In doing so, it takes into account, in particular, economic efficiency and specific circumstances such as climate, shading, or neighborhood conditions.**

**3. ...**

1. New buildings, as well as renovations and extensions deemed equivalent to new constructions, must be designed and equipped to ensure that a portion of their electricity needs is met through on-site electricity generation.

2. The requirement for on-site electricity generation is waived if there is participation in a community facility within the canton that produces at least 50% more electricity from renewable energies.

3. The government council shall regulate the details.

1. When replacing the heat generator, existing buildings with residential use must be equipped in such a way that the share of non-renewable energy does not exceed 80% of the relevant demand. For determining the standard solution, a relevant energy demand for heating and hot water of 100 kWh/m²a applies.

2. The Government Council regulates the calculation method, the standard solutions, and the exceptions, particularly for buildings with good overall energy efficiency.

**1. New Buildings with Central Heat Supply**

1. New buildings with central heat supply for five or more usage units must be equipped with devices that record the individual heat consumption for hot water per usage unit.

1bis. New buildings that receive heat from a central heat supply for a group of buildings must be equipped with devices that record their individual heat consumption for heating.

1ter. Existing buildings with central heat supply for five or more usage units must be equipped with devices that record the individual heat consumption per usage unit in the renovated system during a complete renewal of the heating and/or hot water system.

2. Existing buildings that receive heat from a central heat supply for a group of buildings must be equipped with devices to record their individual heat consumption for heating if the building envelope of one or more buildings in the group is renovated by over 75%.

3. In buildings and building groups where there is an obligation to equip, the costs for heat consumption (heating energy and/or hot water) must be predominantly billed based on the measured consumption of the individual usage units.

4. The government council regulates the details and exceptions to the obligation of equipment and billing for buildings and building groups with low installed heat generating capacity.

1. New buildings in categories III to XII (SIA 380/1) must be equipped with building automation systems to achieve the lowest possible energy consumption, as long as it is technically feasible and economically viable.

2. The government council shall regulate the details.

1. The following are subject to authorization under this law: the construction, modification, and replacement of

a) thermal electricity generation plants;

b) stationary electric resistance heaters;

bbis) * direct-electric central water heaters in existing residential buildings;

bter) * fossil fuel-operated heating systems in existing residential buildings;

c) stationary outdoor heaters;

d) heated outdoor swimming pools with more than 8 m³ capacity.

2. The governing council shall regulate exceptions, particularly for facilities with short operational durations.

1. Electricity generation facilities operated with fossil fuels shall be approved if the heat generated during operation is utilized professionally and completely.

2. Electricity generation facilities operated with renewable fuels shall be approved if the heat is utilized professionally and to a large extent.

3. The Government Council shall regulate exceptions, particularly for facilities with a short operational duration and for facilities not connected to the public distribution network.

1. Fixed Electric Resistance Heaters for Building Heating are Generally Prohibited. This specifically applies to

a) the new installation of fixed electric resistance heaters;

b) the replacement of fixed electric resistance heaters with a water distribution system by a fixed electric resistance heater;

c) the use of a fixed electric resistance heater as an auxiliary heater.

2. The Government Council Regulates the Exceptions, Particularly for Electric Resistance Heaters without a Water Distribution System and Emergency Heaters.

1. Exclusively Direct-Electric Water Heaters in Residential Buildings are Generally Prohibited. This applies in particular to

a) the new installation of exclusively direct-electric water heaters;

b) the replacement of central, exclusively direct-electric water heaters.

2. The Governing Council regulates the exceptions, especially when the hot water is heated or pre-heated with the heat generator for space heating during the heating period.

1. Outdoor heaters are permitted if they are operated exclusively with renewable energy or waste heat that cannot otherwise be utilized.

2. Outdoor heaters operated with non-renewable energy are permitted if

a) the safety of persons and property or the protection of technical installations necessitates the operation of an outdoor heater,

b) construction and operational measures are not feasible or are disproportionate, and

c) the heaters are equipped with a temperature and humidity-dependent control system.

1. Heated outdoor swimming pools are permitted if they are operated exclusively with renewable energies or with waste heat that cannot be used otherwise.

2. Electric heat pumps may be used for heating outdoor swimming pools if there is a cover over the water surface to prevent heat loss.

1. Large consumers with an annual heat consumption of more than 5 GWh or an annual electricity consumption of more than 0.5 GWh may be required by the Department of Construction and Economic Affairs to analyze their energy consumption and implement reasonable measures for consumption optimization.

2. Paragraph 1 does not apply to large consumers who commit to adhering to consumption targets, individually or in a group, as specified by the Department of Construction and Economic Affairs for the development of energy consumption. In such cases, large consumers may be exempted from complying with regulations under this law. The government council regulates the details.

3. The Department of Construction and Economic Affairs enters into agreements pursuant to Paragraph 2. It may terminate agreements if the consumption targets are not met.

1. The canton introduces the "Cantonal Building Energy Certificate (GEAK)."

1. The canton, municipalities, and autonomous public-law institutions of the canton shall, within their own area, insofar as possible, provide for further measures for the economical and efficient use of energy as well as the utilization of renewable energy sources.

1bis. They shall completely abstain from fossil fuels by 2050 and reduce their electricity consumption by 20% compared to 1990 levels by 2030. If they do not meet the reduction target, they shall offset their electricity consumption to the same extent with additional renewable energies.

1ter. The canton shall no longer install fossil fuel-powered heating systems.

2. The government council may issue directives for the cantonal area and recommendations for the municipal area.

1. The Office for the Environment informs and advises the public and authorities on ensuring an economical and environmentally friendly energy supply, the possibilities for efficient and rational energy use, as well as the utilization of renewable energies.

2. It may, in accordance with the directives of the Department of Construction and Economic Affairs, involve private experts or organizations for collaboration.

1. The canton promotes, within the scope of its possibilities, by means of support programs or on a case-by-case basis

a) * Measures for economical and efficient energy usage;

b) * Measures for the use of renewable energies;

c) * Measures for waste heat utilization;

d) * Energy-related education and training, information, counseling, and marketing;

e) * Research, development, and demonstration of new energy technologies, particularly in the area of economical and efficient energy usage as well as the use of renewable energies.

2. The government council enacts the support programs and decides on individual support benefits. The support programs require approval from the cantonal council.

3. There is no entitlement to support benefits.

1. The canton establishes a fund to finance measures pursuant to Art. 18 para. 1.

2. ...

3. The cantonal council determines the canton's contribution in the budget plan.

4. The fund is part of the state account.

1. The canton and the municipalities are authorized to collect and process data on the energy consumption of buildings and facilities for the purposes of statistics, planning, and impact monitoring.

2. All natural and legal persons, particularly the energy supply companies, are obligated to provide the authorities with the information necessary for enforcement and, if necessary, to conduct or tolerate investigations.

3. The municipalities inform the Office for the Environment, upon request, about their enforcement measures and provide it with enforcement assistance.

1. Appeals against decisions of the Office for the Environment and the approval authorities in the municipality can be made to the Department of Construction and Economic Affairs. Appeals against legal decisions by the Department of Construction and Economic Affairs can be brought before the Superior Court.

2. Appeals against first-instance decisions of the Department of Construction and Economic Affairs can be made to the Council of State.

1. Cantonal authorities levy fees according to the Law on Fees in Administrative Matters.

2. Municipalities levy fees according to the Law on Municipal Fees.

1. This Act shall be applied to all ongoing proceedings.

1. Existing stationary electric resistance heating systems must be replaced by heating systems that comply with the requirements of this law within 15 years of the partial revision coming into effect. The government council may provide for exceptions, particularly in buildings with a small electrically heated area.

2. Existing central, exclusively direct-electric water heaters in residential buildings must be replaced within 15 years of the partial revision coming into effect. The government council may provide for exceptions, especially if renewable energy is also used for hot water preparation.

1. The Regulation on the Provisional Introduction of Energy Legislation is Repealed.

1. The Executive Council issues the provisions necessary for implementation.

1. Anyone who negligently or intentionally violates the provisions of this law and its implementing decrees shall be punished with a fine of up to CHF 40,000.

2. Jurisdiction and procedure are governed by the Swiss Code of Criminal Procedure.

1. The law is subject to an optional referendum.

2. The government council determines the commencement.