The new Lazio Region Resolution for the installation of RES plants

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‘- Written by Pinella Altiero, Marco Muscettola and Alessia Francesca Sblendido

The Lazio Region with Resolution no. 171 of May 12th, 2023 provided guidelines and transitional criteria for the development of renewable energy sources concerning the issue of the single regional authorisation measure pursuant to Article 27-bis of Legislative Decree no. 152 of April 3rd, 2006 (Norme in materia ambientale), concerning the construction of ground-mounted photovoltaic and wind power plants on regional territory.

Resolution no. 171 of May 12th, 2023 (hereinafter, the “Resolution”) was issued by the Lazio Region in order to establish for the single regional authorisation measure (“PAUR”) pursuant to Article 27-bis of Legislative Decree no. 152/2006 the guidelines and criteria to be followed in the initiation of PAUR proceedings relating to photovoltaic plants and wind power plants, pending the adoption of the Ministerial decrees pursuant to Article 20, paragraph 1, of Legislative Decree no. 199/2021.

The guidelines and the criteria are the following:

  • priority must be given to projects located in the suitable areas referred to in Article 20, paragraph 8, of Legislative Decree no. 199/2021;
  • priority must be given to projects to be implemented under the National Recovery and Resilience Plan (“PNRR”) of the Complementary National Plan and the Unified Programming 21-27[1];
  • outside these two cases, a criterion of proportionality and subsidiarity must be applied between the provinces so as to allow in each province the development of Renewable Energy Sources (“RES”) up to a maximum of 50% of the total authorised in MWp of the entire Region.

Pursuant to this Resolution, moreover, the regional structure responsible for the PAUR (Lazio Region – Regional Environment Department Environmental Impact Assessment Area) pursuant to Article 27-bis of Legislative Decree no. 152/2006 has the task of monitoring, in concert with the regional structure responsible for energy, the effective development of RES in compliance with the above-mentioned criteria, through the annual drafting of an information document containing the collection and updating of data concerning the authorisation procedures concluded and the related installations.

The criteria represent guiding principles that the competent regional structure must observe in the expression of the acts, issued within the framework of environmental impact assessment procedures under state jurisdiction pursuant to Legislative Decree no. 152/2006.

The Resolution was published in the BURL and is available at this link

Please contact us for any clarification.

Avv. Pinella Altiero

Avv. Marco Muscettola

Dott.ssa Alessia Francesca Sblendido

[1] The new unitary regional programming 2021-2027 will be declined through the 5 Policy Objectives (OP), set out in the European Commission’s proposals in May 2018: OP1: Smarter Europe; OP2: Greener Europe; OP3: Connected Europe; OP4: More Social Europe; OP5: Closer Europe for Citizens.

In this context, the Lazio Region will have to identify its priorities for action aimed at supporting actions for sustainable growth, aimed at economic, social, environmental and territorial sustainability, guided by the objective of promoting and guaranteeing the wellbeing of citizens and territories through the maximisation of synergies between the various EU, national and regional funds.

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