On March 1, 2022, Law Decree 17/2022, the so-called Energy Decree, was published in the Official Gazette. In addition to allocating more than €8 billion to measures against rising fuel bills and fuel prices, the Energy Decree has also introduced a series of simplifying measures for renewable energies, complementing the innovations introduced by Legislative Decree 199/2021 (RED II Decree), which we have analyzed in detail here.

First, the Energy Decree has even more simplified the process for installing photovoltaic plants on buildings or on top of sheds or other structures.

This is because the Energy Decree removes the need to obtain any kind of permit or authorization for the installation of such modules, as well as for the completion of any works necessary for the plant’s connection to the electricity grid within said buildings; under the Energy Decree they are deemed to be ordinary maintenance operations.

The only buildings that still require authorizations are those of notable public interest or subject to particular landscape restriction, such as those buildings, structures that hold particular aesthetic value or that are located to areas protected under the Italian Cultural Heritage Code.

In addition, the Energy Decree has extended the use of the Simplified Single Form (already used for rooftop installations with power of less than 20 kW) to include installations generating power between 50 kW and 200 kW. However, this measure will first require the issuance of a decree by the Ministry for Ecological Transition within 60 days from the entry into force of the Energy Decree.

A further important update concerns photovoltaic and agro-voltaic plants installed on agricultural land.

These plants have been granted access to public subsidies upon the compliance with new dimensional requirements, which seems unfortunately to be quite narrow.

The Energy Decree, stipulates that the following types of plants are eligible for incentives:

1. Agro-voltaic plants that adopt innovative integrative solutions, with module installation elevated from the ground, also including the rotation of the same modules, allowing for regular agricultural activity through digital and precision farming tools. Such plants should then be equipped with monitoring systems to verify their impact on crops, water conservation, agricultural productivity and continuance of the activity of the farm concerned.
2. Agro-voltaic plants that are not required to adopt the innovative solutions referred to in point a), but are nevertheless equipped with monitoring systems as mentioned in a) above.

As mentioned, however, there is a restrictive criterion: to be eligible the plants may not cover more than 10 percent of the total agricultural area (superficie agricola aziendale). The current definition of superficie agricola aziendale is not clear, but it might refer to the so-called Total Agricultural Area (Superficie Agricola Totale), i.e. the total area of the farmland. We hope for a clearer definition once the Energy Decree will be converted into law.

Moreover, the Energy Decree seems to introduce the possibility to access the incentives also for ground mounted plants on agricultural lands, provided that they do not cover more than 10 percent of the superficie agricola aziendale.

The Energy Decree also details the provisions of the Red II Decree regarding the speeding up of authorization procedures for plants built in areas classified as “suitable” (classification that is still missing). In particular, it specifies that the opinion of the competent landscape authority is now considered to be mandatory but nonbinding, even in Environmental Impact Assessment procedures and not only (as was in the past) in the proceedings for the issuance of the single authorization under Legislative Decree 387/2003 . This means that if the time limit expires before the landscape authority issues its nonbinding opinion, the competent administration is nevertheless obliged to decide upon the authorization request and/or the environmental assessment.

As with the growing number of recent legislative innovations, the Energy Decree is aimed at simplifying and promoting renewables. However, we believe that the Decree will not be able to provide the necessary drive. Considering that we are now at a time when the issue of energy diversification is becoming self-evident, it is hoped that such measures will be increasingly encouraged.