What's new in the renewable sources act
Legislative Decree No. 190 of 25 November 2024, known as the Testo Unico sulle Fonti Rinnovabili (Consolidated Law on Renewable Sources) (TU FER) came into force on 30 December 2024. It introduces significant changes in the authorisation regimes for the production of energy from renewable sources in Italy.
DLA Piper's Italian Energy team has prepared an alert that delves into the main changes contained in the TU FER.
The following is an abstract, please contact us to obtain the full copy of the alert.
Introduction
Legislative Decree No. 190 of 25 November 2024, known as the Testo Unico sulle Fonti Rinnovabili (Consolidated Law on Renewable Sources) (TU FER) came into force on 30 December 2024. It introduces significant changes in the authorisation regimes for the production of energy from renewable sources in Italy.
The main innovations are:
Reducing Administrative Regimes to three categories:
- Free Activity, for the interventions listed in Annex A provided certain requirements and conditions are met.
- Procedura Abilitativa Semplificata (PAS), for interventions listed in Annex B and for those for which the regime of Free Activity doesn’t apply.
- Single Authorisation (AU) or Single Regional Environmental Permit (PAUR), where optional for interventions under regional competence, for interventions listed in Annex C.
Eliminating the Dichiarazione di Inizio Attività (DILA) and the Comunicazione di Inizio Lavori Asseverata (CILA). The decree eliminates the DILA and the CILA with the intention of streamlining procedures and standardising regulatory requirements throughout the country.
Introducing “Acceleration Zones”: Specific areas will speed up authorisations and simplify procedures for installing renewable plants to be identified by each Region and Autonomous Province of Trento and Bolzano by 21 February 2026 on the basis of the mapping of the national territory carried out by the Gestore dei Servizi energetici – GSE S.p.A. and of the areas suitable under Article 20 of Legislative Decree 199/2021 identifying the national potential and the areas available for RES plants and related infrastructure and storage facilities.
Digitising Procedures: The SUER (Sportello Unico Energie Rinnovabili) platform has been introduced to manage relations with the Public Administrations involved in authorisation processes in an integrated and digital way.
We analyse the novelties by answering questions that have been put to us by operators after the RES-TU entered into force.
Which Interventions does TU FER apply to?
The TU FER applies to:
- construction and operation of new plants producing energy from renewable sources;
- modification interventions;
- strengthening interventions;
- total or partial refurbishment;
Including related works and infrastructure indispensable for the construction and operation of the same.
The interventions to which the RES-TU applies are listed in Annexes A, B and C, depending on the applicable administrative regime.
In these lists, you can also find installations such as heat pumps, electrolysers and electrochemical storage plants (BESS) and hydroelectric plants.
From when does TU FER Apply?
Article 17 stipulates that the RES-TU entered into force on 30 December 2024.
Article 15 of the RES TU provides that, as of that date, the provisions listed in Annex D (including Articles 4, 5, 6, 6a, 7a and 8a of Legislative Decree 28/2011 and Article 12 of Legislative Decree 387/2003, as amended and supplemented) are repealed.
Is there a Transitional Regime?
The regulation previously in force will still apply to ongoing procedures (ie enabling and authorising procedures for which the verification of the completeness of the documentation submitted in support of the project is complete as at 30 December 2024), without prejudice to the proponent's right to choose to apply the provisions of the RES-TU.
According to the provision in Article 1, paragraph 3, the application of the provisions of the RES-TU seems to be postponed after 180 days. It’s envisaged that the regulations in force will apply until (and in any case no later than 180 days, ie by 28 June 2025), the Regions, the Autonomous Provinces of Trento and Bolzano and the Local Authorities adapt to the principles established by the RES TU and can establish special rules to further simplify the administrative regimes, including raising the power thresholds provided for the interventions in Annexes A and B.
This doesn’t change the fact that the categories of works for which an environmental assessment and/or impact assessment is prescribed apply from the date the RES-TU entered into force (ie 30 December 2024).
What other coordination provisions will have to be implemented under tu fer?
It’s envisaged that within 120 days from 30 December 2024, the Minister of the Environment and Energy Security (MASE) will adopt the decree, in agreement with the Minister of Culture and after agreement at the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of 28 August 1997, to adapt the guidelines set forth in the Ministerial Decree of 10 September 2010 to the provisions of the RES TU.
Also within 120 days from 30 December 2024, the decree adopted pursuant to Article 25, paragraph 6-bis, of Legislative Decree 199/2021 (laying down the requirements for the installation of plants for the production of heat from geothermal resources, intended for the heating and air-conditioning of buildings and the production of electricity) will be adapted to the provisions of the RES-TU.
The Regions and the Autonomous Provinces of Trento and Bolzano can regulate the cumulative effect of constructing more than one plant of the same type and territorial context, and counteract splitting. It’s understood that a single application must be deemed to be a single application where the different applications concern operations in the same area or are submitted by the same party identifiable as a single centre of interest (see Article 6, paragraph 3).
The provision is not well written since:
- from a literal point of view, the wording "the application should be deemed to be a single application where the different applications relate to the same area or are submitted by the same person identifiable as a single centre of interest" under Article 6, paragraph 3 would seem to presuppose that there’s a splitting of the interventions even if the applications are submitted by the same person regardless of the location of the initiatives in the same area;
- from a systematic point of view, Articles 7, paragraph 3 (concerning the subject matter of the application) and 7, paragraph 3 (concerning the application of the different initiatives in the same area) of Article 6, paragraph 3 (concerning the application of the different areas) of Article 6, paragraph 3.
- from a systemic point of view, Articles 7(3) (regarding Free Activity) and 8(3) (regarding PAS), in providing that "the regions and autonomous provinces of Trento and Bolzano may regulate the cumulative effect deriving from the construction of more than one plant of the same type and territorial context," referring to the regulation of the cumulative effect established pursuant to Article 6(3), seem to presuppose that, in any event, the same territorial context and the same type of plant of the projects are relevant for the purposes of splitting the interventions.
In our opinion, the latter can only be the preferable interpretation.
As far as simplified single models are concerned, Article 7, paragraph 10 of the FER TU provides that within 60 days, the MASE, after agreement in the Unified Conference, will issue the decree to extend the simplified single model to all interventions subject to the regime of Free Activity.
Network operators will make the simplified single forms available to the SUER platform. Pending the operationalisation of the SUER platform, the digital mode will be applied according to the forms used by the competent administration.
