{"id":22151,"date":"2023-03-02T16:35:00","date_gmt":"2023-03-02T15:35:00","guid":{"rendered":"https:\/\/it.andersen.com\/?p=22151"},"modified":"2023-03-10T17:50:16","modified_gmt":"2023-03-10T16:50:16","slug":"simplification-measures-on-renewable-energy-sources","status":"publish","type":"post","link":"https:\/\/it.andersen.com\/en\/simplification-measures-on-renewable-energy-sources\/","title":{"rendered":"Further simplification measures on renewable energy sources"},"content":{"rendered":"<p>The Law Decree no. 13\/2023, named Urgent \u201cProvisions for the Implementation of the National Recovery and Resilience Plan (NRP)\u201d, which came into force on Feb. 25, 2023 (published in GURI No. 47, 24.02.2023), introduced several new features concerning renewable energy sources, aimed at further simplifying and accelerating their development.<\/p>\n<p>&nbsp;<\/p>\n<h2>Areas suitable for the installation of renewable energy plants<\/h2>\n<p>The range of respect (of property subject to protection under the Cultural Heritage and Landscape Code) for the installation of wind power farms and photovoltaic plants has been further reduced.<\/p>\n<ul>\n<li>Wind from 7 Km to 3 Km<\/li>\n<li>PV from 1 Km to 500 ml<\/li>\n<\/ul>\n<p>In addition, airport grounds, including those within the perimeter of smaller island, are now considered eligible.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>Simplified procedure for the installation of photovoltaic plants on the ground<\/h2>\n<p>Pursuant to Article 47, Paragraph 1 of the Law Decree, a new article (Article 22-bis) has been inserted into Legislative Decree 199\/2021, setting out the conditions for the installation of photovoltaic plants <strong>on land<\/strong>, <strong>by whatever means<\/strong>, and the related connected works and necessary infrastructure.<\/p>\n<p>This installation is considered <strong>an ordinary maintenance activity<\/strong> and is not subject to the acquisition of permits, authorizations or acts of consent, however named, provided that the installation is located in the areas qualified as:<\/p>\n<ul>\n<li>Industrial<\/li>\n<li>Artisan<\/li>\n<li>Commercial<\/li>\n<li>In closed and restored landfills or landfill lots<\/li>\n<li>In quarries or lots or portions of quarries not susceptible to further exploitation.<\/li>\n<\/ul>\n<p><u>Conditions for installation of PV plants that fall within the area subject to landscape constraints:<\/u><\/p>\n<ul>\n<li>The relevant project must be notified in advance to the competent Authority (i.e. the superintendence);<\/li>\n<li>If the competent superintendence finds that the project is not in compliance with the landscape constraints and prescription, the same Authority adopt a reasoned decision refusing the project within thirty days from the receipt of the aforementioned notification.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2>Simplified procedure for the installation of agro-photovoltaic systems<\/h2>\n<p>Photovoltaic systems located in <strong>agricultural areas<\/strong> are considered &#8220;<em>building instrumental to agricultural activity and are freely installable<\/em>&#8221; (Art. 49(3)), provided that:<\/p>\n<ul>\n<li>They are placed outside protected areas or belonging to the Natura 2000 Network<\/li>\n<li>The so called \u201csuitable areas\u201d has been identified in advance<\/li>\n<li>The limits and requirements in areas subject to direct or indirect landscape constraints are respected<\/li>\n<li>These are carried out directly by agricultural entrepreneurs or joint-ownership companies with the electricity producers to whom the farm or branch is supplied by the agricultural entrepreneurs themselves, to which the business management activity is reserved, except for the technical aspects concerning the operation of the plant and the selling of the electricity<\/li>\n<li>The solar panels are placed on top of plantations at a height of two meters or more above the ground, without concrete foundations<\/li>\n<li>The technical solutions of the plant provide for their effective compatibility and integration with agricultural activities for the purpose of the simultaneous implementation of monitoring systems.<\/li>\n<\/ul>\n<p>Finally, the same rule states that &#8220;<em>the installation is in any case subject to the prior consent of the owner and the agricultural entrepreneur of the fund, in any capacity as long as onerous<\/em>.&#8221;<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>Further simplifications for photovoltaic and thermal systems on buildings<\/h2>\n<p>In case of photovoltaic or thermal systems built on buildings subject to landscape constraints, the authorization by the competent Authority will be issued within the period of <strong>45 days<\/strong> from the date of receipt of the application (Article 47, paragraph 6). After this time, without the adoption of a formal act of deny, the authorization is considered issued and is <strong>immediately effective<\/strong>.<\/p>\n<p>The new provision also provides that this deadline may be <strong>suspended only once<\/strong> and <strong>for a maximum of thirty days<\/strong>.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>Amendment of the Single Authorisation (SA) procedure pursuant to Article 12, Legislative Decree n. 387\/2003<\/h2>\n<p>The new paragraph 4 of the aforementioned Article 12, now states that:<\/p>\n<ul>\n<li>The issuance of the SA includes the <strong>Environmental Impact Assessment<\/strong> (<strong>EIA<\/strong>) measure, where applicable<\/li>\n<li>the Single Authorisations procedure must be completed in <strong>115 days<\/strong><\/li>\n<li>In the case of EIA proceedings pending on the date of entry into force of this provision, the SA proceeding may be started in any case.<\/li>\n<\/ul>\n<p>Moreover, the involvement of the Ministry of Culture is provided for the authorization procedure only with reference to projects, not subject to EIA, located in areas subject to protection and no longer in conterminous areas.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>Measures for the development of Renewable Energy Communities (RECs)<\/h2>\n<p>There are two measures concerning the Renewable Energy Communities (RECS):<\/p>\n<ul>\n<li>Until <strong>December 31, 2025<\/strong>, local governments in whose territories renewable energy facilities financed from the resources are located, <strong>may concession areas<\/strong> or surfaces in their availability <strong>for the construction of facilities to meet the energy needs<\/strong> of Renewable Energy Communities, in compliance with the principles of competition, transparency, proportionality, publicity, equal treatment and non-discrimination.<\/li>\n<li>The energy communities, whose powers of control are exercised exclusively by <strong>small and medium-sized agricultural enterprises<\/strong>, in individual or shareholder form &#8211; including through their trade organizations, <strong>agricultural cooperatives<\/strong> carrying out activities established by Article 2135 of the Civil Code, <strong>cooperatives or their consortia &#8211;<\/strong> may access the incentives listed in Article 8 of Legislative Decree No. 199 of November 8, 2021, for renewable energy plants, including agricultural power plants, <strong>even for plants having a power capacity more than 1 MW<\/strong>.<\/li>\n<\/ul>\n<p>The same rule also applies to other configurations of widespread consumption from renewable sources, provided that these are made by:<\/p>\n<ul>\n<li>Agricultural entrepreneurs, in individual or corporate form<\/li>\n<li>Agro-industrial enterprises, operating in the food industries, beverage industries and cork processing sector<\/li>\n<li>Agricultural cooperatives carrying out activities under Article 2135 of the Civil Code and cooperatives or their consortia, regardless of their members.<\/li>\n<\/ul>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>New simplification measures for so-called mini wind power<\/h2>\n<p>Article 49 of the Law Decree provides that the installation, in any way, of wind power plants with a <strong>total power up to 20 kW<\/strong>:<\/p>\n<p>(i) is considered <strong>ordinary maintenance intervention<\/strong> (and is not subject to the acquisition of permits, authorizations or administrative acts of consent however named, including those provided for by the Code of Cultural Heritage and Landscape), provided that the plant is <strong>placed outside protected areas or belonging to the Natura 2000 Network<\/strong><\/p>\n<p>(ii) is considered <strong>ordinary maintenance work<\/strong> even if the plant falls in homogeneous territorial zones, provided that plant has a <strong>height of no more than 5 meters<\/strong><\/p>\n<p>(iii) is subject to <strong>the issuance of authorization by the competent landscape authority<\/strong> if the plant falls in areas or properties referred to in Article 136, paragraph 1, letters b) and c), of the Code of Cultural Heritage and Landscape. In this case, the authorization shall be issued within the <strong>45 days<\/strong> term starting from the date of receipt of the application, after which, without notice of deny, the authorization is understood to be issued and is immediately effective. This time limit may be suspended once and for a maximum of 30 days if, within fifteen days from the date of receipt of the application, the competent landscape authority represents, in a timely and reasoned manner, the need to carry out in-depth investigations or to make changes to the installation project.<\/p>\n<p>The same provision under (i) and (ii) shall also apply in the presence of heritage constraints for the sole purpose of installation of facilities <strong>not visible from outdoor public spaces and scenic viewpoints<\/strong>.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2>Green and renewable hydrogen development<\/h2>\n<p>Article 41 of the Law Decree introduced a simplified procedure for the development of green and renewable hydrogen. To this end, the relevant projects for green hydrogen production plant and integrated chemical plants for the production of green hydrogen are submitted exclusively to the EIA carried out by the PIRR-PNIEC Technical Commission.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Law Decree no. 13\/2023, named Urgent \u201cProvisions for the Implementation of the National Recovery and Resilience Plan (NRP)\u201d, which came into force on Feb. 25, 2023 (published in GURI No. 47, 24.02.2023), introduced several new features concerning renewable energy sources, aimed at further simplifying and accelerating their development. &nbsp; Areas suitable for the installation [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[50],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/22151"}],"collection":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/comments?post=22151"}],"version-history":[{"count":3,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/22151\/revisions"}],"predecessor-version":[{"id":22154,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/posts\/22151\/revisions\/22154"}],"wp:attachment":[{"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/media?parent=22151"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/categories?post=22151"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/it.andersen.com\/en\/wp-json\/wp\/v2\/tags?post=22151"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}