RDL 6/2022 simplifies procedures for starting up renewable energy projects

Royal Decree-Law 6/2022, of 29 March, adopting urgent measures within the framework of the National Response Plan to the economic and social consequences of the war in Ukraine, includes a series of measures aimed at speeding up procedures relating to renewable energy projects, in order to contribute to minimising the energy price crisis that Europe is suffering, counteracting the increase in wholesale prices.

These measures include a process for determining the environmental impact of renewable energy projects, which means a substantial reduction in both the time required and the procedures to be carried out.

Projects that may benefit from this measure:

• Wind farm projects with an installed capacity of 75 MW or less.
• Photovoltaic solar energy projects with an installed capacity of 150 MW or less than 150 MW.

That meet the following conditions:

• That they are not located in a marine environment.
• That they have overhead evacuation lines of less than 15 km in length and voltage equal to or greater than 220 kV.
• They are not located in areas that form part of the Natura 2000 Network.

That, at the date of submission of the application for authorisation by the developer, they are located entirely in areas of low and moderate sensitivity according to the "Environmental zoning for the implementation of renewable energies", a tool developed by the Ministry for Ecological Transition and Demographic Reorientation.

Documentation to be submitted

The developer must submit the following documentation to the substantive body for authorisation:

• Request for determination of environmental impact for renewable energy projects.
• Project, consisting of the preliminary project provided for in article 53.1.a) of Law 24/2013.
• Environmental Impact Study with the minimum content established in article 35 and Annex VI of Law 21/2013 on Environmental Assessment. By way of summary, it will contain at least the following information
• Purpose and description of the project.
• Examination of viable alternatives and justification of the solution adopted.
• Environmental inventory and description of key ecological or environmental processes and interactions.
• Identification and assessment of impacts.
• Establishment of preventive, corrective and compensatory measures.
• Environmental surveillance and monitoring programme.
• Project vulnerability.
• Environmental assessment of repercussions on Natura 2000 Network sites.
• Non-technical summary.
• List of bibliographical references consulted.
• Executive summary summarising the main effects of the project on the environment according to the following criteria
• Effect on the Natura 2000 Network, protected areas and their peripheral protection zones and habitats of Community interest.
• Impact on biodiversity, in particular on protected or endangered catalogued species.
• Impact due to dumping in public watercourses or on the coast.
• Impact due to the generation of waste.
• Impact due to the use of natural resources.
• Impact on cultural heritage.
• Socio-economic impact on the territory.
• Synergistic effects with other nearby projects at least 10 km or less away for wind farms, 5 km away for photovoltaic plants and 2 km away for power lines.

Procedure

In view of the documentation submitted, the environmental body will analyse whether the project will foreseeably produce significant adverse effects on the environment, and will draw up a proposal for an environmental impact assessment report within a maximum period of 2 months from receipt of the documentation.

The environmental impact assessment report will determine one of the following two options:

• If the project can continue with the corresponding processing of the authorisation procedure as no significant adverse effects on the environment can be appreciated that require its submission to an environmental assessment procedure. In this case, the report may also determine the obligation to submit the project authorisation to the conditions deemed appropriate to mitigate or compensate for possible environmental effects of the project, as well as conditions relating to the monitoring and surveillance plan of the project. The installation may not be authorised for construction or operation if these conditions are not met.
• If, on the other hand, the project must be submitted to the corresponding environmental assessment procedure in accordance with the provisions of Law 21/2013.

This report will be sent to the competent environmental body, which will have a period of 10 days to make observations. Once this period has elapsed, the absence of a response will be considered as acceptance of the content of the proposed report for the purposes of continuing with the proceedings. No appeal shall be lodged against the environmental impact assessment report.

This procedure shall only be applicable to the General State Administration and its public bodies. However, within their sphere of competence, the Autonomous Communities may also apply the provisions of this procedure.

For further information, please do not hesitate to contact Laura Simón: laura.simon@eurocontrol.es