The Italian Energy Law Decree: what’s next for the construction of renewable power plants, public authorities’ properties energy performance and military buildings

Prepared by Energy Team

On 18 February 2022 the Italian Government approved a Law Decree having as scope the electricity and natural gas costs’ containment and the development of renewable sources (the “Energy Law Decree”).  

Among the main amendments introduced by the Energy Law Decree it is worth mentioning those provided under articles 10, 20 and 21 of the Energy Law Decree which are aimed at increasing the energy performance of both central public authorities’ buildings and military buildings.

Particularly, according to article 10, within 60 days from the entry into force of the Energy Law Decree, the Ministry for the Ecological Transition shall enact a Decree laying down the conditions and modalities to be observed for the extension of the unique simplified model in relation to the construction of renewable power plants having a power capacity greater than 50 kW and up to 200 kW.

Moving on, by amending article 5 of the Legislative Decree no. 102/2014 on energy efficiency, article 20 of the Energy Law Decree provides that in the context of the energy performance programs prepared in relation to central public authorities’ buildings, the rationalization of the relevant interventions would be handled by the State Property Agency (Agenzia del Demanio) or by the competent interregional offices of the Ministry of Infrastructures, depending on the typology of intervention and the financing measures insisting on the relevant building; this in view of promoting the rationalization and coordination between public administrations, favouring economies of scale and costs’ containment. 

In this perspective, the same provision provides that Agenzia del Demanio would handle the realization of the interventions included in the aforementioned programs by means of innovative, efficient and economically advantageous modalities, including the Public Administrations Electronic Market (MEPA) and Dynamic Purchasing Systems (SDAPA).

Furthermore, in view of contributing to the sustainable growth of the Country and the decarbonization of the energetic system, pursuant to article 21, paragraph 1 of the Energy Law Decree, the Ministry of Defence shall grant in concession to third parties or directly utilise the military buildings for installing renewable power plants, even recurring, for covering the related costs, to the National Recovery and Resiliency Plan (“PNRR”).

In that respect, article 21, paragraphs 2 and 3 provide that:

  • the Ministry of Defence or the third concessionaires may supply the energy produced by the renewable power plant to renewable energy communities in line with article 31 of the Legislative Decree no. 199/2021 on the promotion of the use of energy from renewable sources;
  • military buildings are by law considered as “suitable areas” pursuant to article 20 of the Legislative Decree no. 199/2021 and are subjected to the authorization procedures provided under article 22 of the same Decree.

Updates will follow after the publication of the Energy Law Decree on the Italian Official Gazette.

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