The long-awaited Ministerial Decree, entitled “Discipline for the identification of surfaces and suitable areas for the installation of renewable energy plants”, approved by the Minister of the Environment and Energy Security (MASE) in agreement with the Minister of Culture and the Minister of Agriculture, Food Sovereignty and Forestry (MASAF), was published in the Official Gazette General Series no. 153 of 2 July 2024 (the “DM Suitable Areas” or the “Decree”), implementing the provisions of Art. 20, paragraphs 1 and 2 of the Legislative Decree no. 199/2021.
1. The main provisions of the Decree
The main goal of the Decree is to:
- identify the allocation among the Regions and Autonomous Provinces (Trento and Bolzano) of the 2030 national target represented by the installation of 80 GW additional power capacity from renewable sources (so-called burden sharing) compared to the power already installed as of 31 December 2020, necessary to reach the targets set by the PNIEC (i.e., the “Italian Energy and Climate Plan”) and to meet the new ones deriving from the implementation of the “Fit for 55” package, also in the light of the EU Repower package;
- establish criteria to be followed by the Regions to identify suitable and unsuitable areas for the installation of renewable energy plants.
Regions shall identify four types of areas in their territory:
- suitable areas and surfaces: these areas will have an accelerated and facilitated procedure for the construction and operation of renewable energy plants and related infrastructures;
- unsuitable areas and surfaces: areas and surfaces whose characteristics are not suitable for the installation of specific types of plants;
- ordinary areas and surfaces: areas other than the suitable and unsuitable areas referred to under limbs (i) and (ii) above, to which the ordinary authorisation regimes set forth in Legislative Decree no. 28/2011(as from time to time amended and supplemented) shall apply;
- areas where the installation of ground-mounted photovoltaic plants is prohibited: agricultural areas where the installation of photovoltaic plants with ground-mounted modules is prohibited, pursuant to Article 20, paragraph 1-bis of Legislative Decree no. 199/2021.
2. How will the identified power capacity be allocated?
The allocation of the power capacity to be installed by each Region and the Autonomous Provinces of Trento and Bolzano is listed in Table A of Article 2 of the Decree, which identifies for each territory a minimum power capacity to be installed annually until 2030.
Among the Regions with the highest power capacity assigned for installation is Sicily, for which at least 10,485 MW of power capacity shall be installed in 2030, followed by Lombardy with 8,766 MW, Apulia with 7,387 MW, Emilia-Romagna with 6,330 MW and Sardinia with 6,264 MW.
For the purposes of reaching the targets specified in Table A, the territorial entities concerned may also sign agreements for the statistical transfer among them of certain amounts of power capacity from renewable sources, on the basis of a template to be indicated by the MASE.
The counting will consider all new renewable energy installations, the additional nominal capacity resulting from complete renewal or reconstruction of the existing installations, and 100 per cent of the nominal capacity of new offshore renewable energy installations (with some exceptions), which came and will come into operation from 1 January 2021 until 31 December of the relevant year.
If the targets are not met, the MASE that will act in place of the Regions according to the terms and modalities indicated in Article 6 of the Decree.
3. What criteria are used to identify the suitable areas?
Essentially, the Decree is designed to: i) make the identification of suitable areas consistent among the different Regions; ii) speed up the process for the construction of renewable energy plants in Italy, especially for larger plants; and iii) achieve the power capacity targets identified in Table A of Article 2 of the Decree.
The requirements for the qualification as suitable areas vary according to the source, size and type of plant, as well as to: a) the characteristics and availability of renewable sources; b) the grid infrastructures and the specific electricity demand; c) the location of demand, possible grid constraints and the grid development potential.
In identifying suitable areas, the Regions shall give priority to:
- built sites, such as industrial sheds or car parks;
- areas devoted to industrial, handicraft, services and logistical purposes;
- areas that cannot be used for other purposes, including agricultural lands that are not available for use.
Regarding the installation of photovoltaic plants on agricultural areas, the Decree is without prejudice to the prohibitions identified in Article 5 of Law Decree no. 63/2024 (the so-called “DL Agricoltura”), which is expected to be converted into law by 14 July 2024.
Areas located within the perimeter of assets subject to protection pursuant to Legislative Decree No. 42 of 22 January 2004 (Cultural Heritage and Landscape Code) are considered as unsuitable. In this respect, a buffer zone from the perimeter of the protected assets may be identified by the Regions, depending on the type of plant and proportionally to the size of the protected assets, for a maximum of 7 km.
Lastly, it is worth noting the lack of a transitional provision that should have taken into account the authorisation procedures currently in progress. In fact, the original Article 10 (which was present in the previous drafts of the Decree) has been removed from the adopted text. Such provision was intended to save the authorisation procedures already underway, specifying that they would be concluded in accordance with the pre-existing regulations. The absence of a similar provision may undermine the outcome of the administrative procedures of numerous projects currently pending that could be affected by the new and forthcoming regional provisions on “suitable areas”.
