– Alert by Pinella Altiero, Marco Muscettola, Alessia Francesca Sblendido
On October 3rd, 2023, the Decree-Law of August 10th, 2023, no. 104 (the “Asset Decree”) was converted into law. The Asset Decree provides some important innovations in favour of the renewable energy plants.
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I. Measures in favour of renewable energy plants
(Article 12-ter of Asset Decree)
According to Article 12, paragraph 3-bis, of Legislative Decree no. 387 of December 29th, 2003 (“LD 387/2003”) – as amended by Asset Decree – the new declarations of significant public interest do not apply to construction works of plants powered by renewable sources[1] (“FER plants”) in relation to which the environmental impact assessment measure authorization (“EIA”) has already been issued.
II. Biomethane production
(Article 18-bis of Asset Decree)
The Asset Decree provides that the values of the incentive tariff[2] provided by the Decree of September 15th, 2022 are updated by the Energy Services Operator (“GSE”) on a monthly basis.
III. The Extraordinary Commissioner
(Article 19 paragraph 9-quater of Asset Decree)
The Extraordinary Commissioner[3], in agreement with the Presidents of the territorially competent regions, may request the MASE to identify the Region as the competent authority to carry out the EIA procedure.
IV. Energy efficiency
(Article 24 of Asset Decree)
For interventions carried out by individuals on real estate units, the 110% deduction is also due for expenses incurred by December 31st, 2023 – and no longer by September 30th, 2023 – provided that by September 30th, 2022 at least 30% of the works has been carried out.
For more details, please see the text of the Asset Decree available at this link.
[1] Article 140 of Legislative Decree no. 42 of January 22nd, 2004.
[2] An incentive tariff applied to the net production of biomethane for a duration of fifteen years and paid from the date of entry into operation of the plant.
[3] Appointed by decree of the President of the Council of Ministers on the proposal of the Minister of Infrastructure and Transport, after consulting the Minister of Economy and Finance, after consulting the competent Parliamentary Committees.
