The MASE provided some clarifications about PAS authorization of PV Plant in Lombardy Region (Italy).
I. The question of the Municipality of Cornate d’Adda
The Municipality of Cornate d’Adda (the “Municipality”)) submitted a question (the “Question”) to the Ministry of Environment and Energy Security (“MASE”) in relation to the Simplified Permitting Procedure (“PAS”) for the authorization of photovoltaic plants (“PV plants”) in Lombardy Region (Italy).
More in details, according to art. 4, paragraph 2-bis, of Legislative Decree of March 3rd, 2011, no. 28 (“LD 28/2011”), PV plants with a capacity up to 10 MW located in a suitable area pursuant to art. 20 of Legislative Decree of November 8th, 2021, no. 199 (“LD 199/2021”) are subject to PAS.
However, the Regional Council Resolution no. XI/4803 of May 31st, 2021 (“D.G.R. 4803/2021”) provides that PV Plants with a capacity of more than 20 kWe are subject to Single Authorization procedure (“AU”).
In light of the above, the Municipality asked to the MASE which authorization (PAS or AU) shall apply to PV Plants located in suitable areas pursuant to art. 20 of LD 199/2021.
II. Clarifications provided by MASE
The MASE clarified that D.G.R. 4803/2021 cannot be applied if the PV plants fall within one of the suitable areas referred to in art. 20 of LD 199/2021. Therefore, the PAS will apply and not the AU as provided for by D.G.R. 4803/2021.
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