Renewable energy communities: less constraints and more incentives in the new Bullits Decree

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Emma Potter

Cert also open to Ater, ASP and reclamation consortia

The first news concerns the subjects who can become part of the energy communities. In fact, the list is expanded with the aim of encouraging the creation of Cer thanks to the involvement of multiple public bodies engaged in activity on the territory of different types. Thanks to the approved amendment, territorial companies for residential construction, public assistance and charity institutions, public services of personal services, reclamation consortia companies, will also be associated. Furthermore, for associations the requirement of possession of the legal personality is no longer required, therefore the audience can be much wider since there are no limits to the methods of constitution.

Finally they will also be able to enter small and medium -sized enterprises participated by territorial bodies. It is confirmed that Cer is a subject of autonomous lawand that the exercise of the control powers must lead to the subjects who are located in the territory where the plants for sharing are located.

PNRR funds even if the Cer has not yet been constituted

The other prominent novelty concerns the possibility of accessing the fund of the PNNR and therefore of obtain 40% of reimbursement of the expenses incurredfor the plants already entered into operation and intended for CER, even if these have not yet been established at the time of submitting the application, provided that the activation took place within 150 days from the date of entry into force of the Cacer Decree which provided for the incentives (7 February 2014).

The decree provides for a contribution to lost fund by 40%financed by the PNRR and aimed at the communities whose plants are built in municipalities under 5 thousand inhabitants and one incentive rate on the renewable energy produced and shared for the whole national territory.

The rule currently allows access to contributions only if the system enters activity after the establishment of the Cer. The amendment is aimed at recognizing the concessions even if the system was intended for the community but this was not constituted for bureaucratic delays. In this it becomes possible to recover contributions that otherwise should be lost in the face of rejected questions. In any case, for access it is necessary to demonstrate, with a specific documentation that the system was built with theobjective of its insertion into a CER. The operating rules of the new provisions will be the subject of an ad hoc decree.

Subsidized self -consumption also using multiple producers

Finally with the aim of making the realization of self -consumption systems And Energy supply by companies, a further amendment intervenes on Simple production and consumption systems (SSPC). These are the electrical systems characterized by the presence of at least one electricity production system and a unit of consumption (consisting of one or more real estate units) directly connected to each other, in which the transport of electricity does not configure as transmission and/or distribution activities, but as an energy signing activities.

THE’unity of consumption It can coincide with the single real estate unit in which the consumption of energy takes place and its relative appurtenances if insistent on the same cadastral particles or on contiguous particles, or it can consist of multiple real estate units not linked by a pertinent bond on condition, however, are located on contiguous cadastral particles in a single production site, in the full availability of the same legal person and used for productive activities of goods and/or services intended exclusively for the realization, on that same site, of a single final product and/or service.

The belonging of an electrical system to one of the categories of simple production and consumption systems allows you to benefit from the exemption from paying the dispatching rates on self -consumed energy, which are currently about a third of the electricity bills. In this case it was eliminated the constraint relating to producerswhich can also be different subjects. To date, in fact, to create the system, all producers must be of the same company group. With the innovations introduced, the producers from which to supply themselves, thus stimulating the competition and reducing the incidence of the cost of energy on production, allows to diversify.