Friday, July 1

Renewables will have nine more months before permits expire

The Minister council will approve this Tuesday a standard for avoid expiration, this Friday, of many renewable projects who have been granted access and connection permissions to the network but who they fail to meet the deadlines set by the Executive before the huge administrative traffic jam. The draft of the Royal Decree-Law by which urgent measures are adopted in the energy field for the promotion of electric mobility, self-consumption and the deployment of renewable energies, to which it has had access El Periódico de Catalunya, establishes that promoters will have nine more months of margin to obtain the environmental impact statement and the prior administrative and construction authorizations.

However, the total term of five years to obtain the definitive administrative authorization for exploitation that gives the green light to the start-up of the park. In addition, there is a period of a month to resign, if desired, to the projects without losing the financial guarantees presented.

Since 2018, an exponential growth of renewable projects has been observed, in many cases developed by specialized companies in the first phases of obtaining access permits and administrative authorizations, which sell the projects just before the construction phase to investment funds or energy companies, which are the ones that will build and operate them during their useful life.

“The large amounts paid in the market, these projects have generated very powerful incentives to monopolize network access permits and process portfolios of projects of a size much larger than that which the Spanish electricity system can assimilate “, says the text of the draft of the Royal Decree-Law. In actuality there are 150,000 megawatts renewable with access and connection permits granted, while the Government’s objective, outlined in the National Integrated Energy and Climate Plan, plans to install 60,000 megawatts by 2030.

To try to put order To this problem, the Executive raised first the guarantees required (which were doubled) and the demand for payments and presentation by the promoter of the connection project to the network manager. And, subsequently, given the evolution of the situation, it established a series of administrative deadlines that promoters must meet before the automatic access and connection permits expire. In this sense, temporary deadlines were established for obtaining the favorable environmental impact statement, for obtaining prior administrative, construction and exploitation authorization.

This Friday, December 25th, the deadline for obtaining the favorable environmental impact statement for all the projects with access permits prior to 2018. Therefore, the Executive gives a new margin of time both to present the environmental impact statement and the prior administrative and construction authorizations of the projects with the aim of giving the possibility to “viable” projects to start up.

Charging points

The Royal Decree-Law also includes measures to promote the installation of high capacity public charging points (highways and highways) to “avoid the feeling of autonomy anxiety that detracts many buyers from the decision to purchase and use electric vehicles in long-distance intercity trips,” according to the text. Among the main measures, the standard facilitates the authorizations from these points on the land adjacent to roads and establishes specific obligations and deadlines for the big ones fuel supply facilities in state highway networks.

Specifically, it will force service stations with sales in 2019 greater than or equal to the 10 million liters to install “at least” a charging point with a power equal to or greater than 150 kilowatts in direct current, which must provide service within a period of 14 months from the entry into force of this royal decree-law. While supply facilities with sales greater than or equal to 5 million liters must install at least one infrastructure for electric recharging of power equal to or greater than 50 kilowatts in direct current within 20 months.

The provinces, autonomous cities or islands in which there is no no supply facility With a sales level greater than or equal to 5 million liters, those who reach at least 10% of total annual sales in those geographic areas in 2019 will install, for each of these facilities, at least one electric recharging infrastructure of power equal to or greater than 50 kilowatts in direct current in a period of 20 months; while those who undertake a reform in your facility that requires a review of the administrative title, regardless of the annual aggregate volume of gasoline and diesel sales of the installation, they will install at least one electric recharge infrastructure with a power equal to or greater than 50 kilowatts in direct current, which must provide service from the start in operation of the installation or completion of the reform of the same that requires a revision of the administrative title.

What’s more, administrative burdens and barriers are lightened by establishing that “the competent public administrations may not be required to obtain a license or prior authorization of works, facilities, operation or activity, of an environmental nature or others of a similar or analogous nature, which will be replaced by responsible statements “. And new new requirements are incorporated for existing buildings for use other than private residential that have more than twenty parking spaces. They must have, before January 1, 2023, minimum endowments of infrastructure for recharging electric vehicles proportional to the total number of parking spaces they have.

In the fiscal area, the possibility is foreseen that fiscal ordinances may regulate a discount of up to 50% of the full tax installment in favor of real estate in which charging points have been installed. It also opens the possibility that local ordinances discount up to 50% of the corresponding fee of the Tax on Economic Activities for taxpayers who pay by municipal fee and who have installed charging points for electric vehicles in the premises involved in economic activity and, finally, a discount of up to 90% in favor of the necessary constructions, installations or works for the installation of charging points for electric vehicles.


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On the other hand, to promote an effective deployment of self-consumption, the Royal Decree-Law will allow the realization of collective self-consumption through the network for those cases in which generation and consumption are connected to a distance less than 500 meters, regardless of the voltage level to which they are connected. And, in order to reduce administrative burdens and costs associated with small power self-consumption, is exempted from the obligation to present financial guarantees to electricity generation facilities of less than 100 kilowatts associated with any of the self-consumption modalities.

In addition, network managers are required to have information channels open for file complaints, answer questions and obtain information relating to access files to the network of self-consumption facilities and the current sanctioning regime is updated creating specific types to tackle existing problems, among which it is worth highlighting “the artificial lengthening of the processing and registration process of the self-consumption facilities, as well as the possible existence of problems in the management and communication of surpluses”.

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