In implementation of Article 20, paragraph 4, of Legislative Decree No. 199/2021 and Article 3, paragraph 1, of the Ministerial Decree on Suitable Areas, the Region Apulia approved Bill No. 222:
“Provisions for the identification of suitable and unsuitable areas and surfaces for the installation of renewable energy plants.”
The Bill
- includes concessions and limitations for projects in the Apulian territory but also excludes its applicability under certain conditions;
- identifies areas suitable for the purpose of building RES plants;
- regulates specific permitting procedures for the construction and operation of renewable energy plants in suitable areas;
- provides for the implementation of the “National Digital Platform for Suitable Areas”;
- identifies areas and surfaces deemed unsuitable for the installation of renewable energy plants;
- identifies “ordinary” surfaces and areas (which are all surfaces and areas other than those provided for in Articles 3 and 6 of the Bill);
- identifies prohibited areas for the installation of photovoltaic systems with modules placed on the ground;
Most importantly Article 10 provides transitional regulations with important consequences on pending procedures, reason for which please find below a detailed reproduction of the same:
Art. 10
Transitional provisions
- The provisions of this Law shall not apply to authorization procedures for which, on the date of its entry into force:
a) one of the simplified procedures for the construction and operation of facilities for the production of energy from renewable sources has been finalized;
b) the environmental compatibility title has been obtained where required, or, in other cases, the conferences of services for the issuance of the Single Permit has been finalized with positive outcome;
- Proponents who submitted the authorization application on a date prior to the entry into force of this law may request the competent authority to apply this regulation;
- Article 8 (identifying prohibited areas for the installation of photovoltaic systems with modules placed on the ground) shall not apply to projects for which, on the date of entry into force of Decree-Law May 15 2024 No. 64, converted with amendments by Law No. 101 of July 12, 2024, at least one of the administrative procedures, including the Environmental Assessment Procedure, necessary for obtaining of the titles for the construction and operation of the facilities and related works, has been initiated or at least one of such titles has been released.
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