New legal developments in the permitting of wind and photovoltaic installations and regarding access and grid connection

On the 31th march of 2022 came into force the Royal Decree – Law 6/2022 establishing, among others, the following measures (1) streamlining the procedures concerning  renewable projects,  , and (2) ruling for access and grid connection.
This Royal Decree – Law has already been subject in our last newsletter should still may recognized by the Spanish Parliament.

This new regulations intends to fulfil the objectives provided by Spanish Act 7/2021, of May 20th, on Climate Change and Energy Transition, which provides that by the year 2030 Spain must achieve a penetration of renewable energies in final energy consumption of at least 42%, and an electricity system with at least 74% of generation from renewable energies.

1. Corresponding to the environmental permitting, there are fast-track provisions regarding the Prior Administrative Authorization procedure (hereinafter, AAP) the first step of regulatory permitting; therefore should obtain the planning permits), which pose no unacceptable impact on the environment of the following projects.

 

1. Scope of application: Wind and photovoltaic renewable generation projects that meet the following requirements:

 

• The AAP in under the competence of Central State Administration (> 50MW). Nevertheless, Regional Authorities may apply it, regarding the projects under their competence, if they decided to do s.
• Granted the right to access and grid connection.
• Evacuation lines with a voltage of less than 220 kV and a length of less than 15 km, unless they run entirely subway through urbanized land, as well as their associated substations).
• Installed capacity of not more than 75 MW (wind energy) or 150 MW (photovoltaic).
• Not to be located in the marine environment, that it is to say, that no FOW will benefit of this fast-track procedure.
• Not to be located in Red Natura 2000.
• Are located entirely in areas of low and sensitivity according to the «Environmental zoning for the implementation of renewable energies» (https://www.miteco.gob.es/es/calidad-y-evaluacion-ambiental/temas/evaluacion-ambiental/zonificacion_ambiental_energias_renovables.aspx)

2. These projects will be subject to an environmental impact assessment procedure to determine whether or not they should be subject (or not) to the formal environmental impact assessment procedure. The application of this procedure must be requested before December 31^st, 2024.
3. The administrative records corresponding to projects located in areas of low and moderate sensitivity according to the «Environmental zoning for the implementation of renewable energies», will have priority in the processing.
4. The reduction of administrative deadlines shall apply.
5. Will be processed cumulatively the prior administrative and construction authorizations, and the declaration of public interest (DUP) (this is relevant for the purpose of expropriating, as a matter of urgency, the property and rights required for the installation and its connection infrastructure).
6. The granting of concessions in the public water domain (reservoirs, lakes, canals and hydraulic Works, etc.) for the installation of floating photovoltaic plants, with a duration not exceeding 25 years, is regulated.

 

2. Regarding the access and the grid connection.

 

1. Suspension of procedures for the issuance of access permits. The First Transitional Provision of the Royal Decree Law 6/2022, , establishes that the TSO (REE) must carry out a reassessment of available capacities within two months following the publication of the new capacity in the new Planning 2020-2026 in the Official Gazette (the new Grid Planification 2020-2026 was approved on March, 22^nd, but its publication is still in place). During this period, the procedures for granting access to the transmission grid will be suspended, as well as the issuance of the acceptability report required for granting access to the distribution grid when there is an influence on the transmission grid.
2. Release of capacity at connection nodes for the promotion of a certain type of self – consumption, to be allocated following general time priority criteria.
3. Public tender of capacity:

• New criteria are added regarding the impact on the economic activity of the area, and Project appraisal research and development (R&D)
• Part of the capacity can be reserved for self–consumption installations to be awarded in the same public tender.
• The deadline for the call for the tenders is extended, regulating the use of excess capacity, if any.