The website of the Government Legislation Center has published the updated draft act amending the act on investments in wind farms and some other acts (UD list number 207), along with the rationale, regulatory impact assessment and a consultation report. The project was completed on June 15 this year. for consideration by the Legal Affairs Committee as soon as possible, which is related to the fact that this document is the achievement of a milestone in the B2.2 reform. Improving conditions for the development of renewable energy sources under the National Plan for Reconstruction and Increasing Resilience.
The main assumption of the project is to maintain the basic principle of locating a new wind farm, which states that a new wind farm may only be located on the basis of the Local Plan. However, the obligation to prepare a local development plan or change it for the purposes of the investment in question will apply to the area defined in accordance with the proposed art. 4 sec. 1, i.e. the distance specified in the local development plan, not less than 500 m, and not, so far, of the entire area determined in accordance with the 10H rule.
The fundamental, changed provisions regarding the required distances are included in the proposed art. 4 of the Act. Projected art. 4 sec. 1 stipulates that the distance of wind farms from residential buildings and mixed-use buildings, which include the residential function, hereinafter collectively referred to as “residential buildings”, is equal to or greater than ten times the total height of the wind farm, unless the local plan specifies a different distance in meters, which cannot be less than 500m. Importantly, the updated version of the project did not require the minimum distance from any type of impact that is referred to in the forecast, prepared as part of the planning procedure.
The rules for locating wind farms were modified from the forms of nature protection (in the case of the previous version of the draft amendment, these restrictions did not exist at all), and the determination of the distance from forest promotional complexes in the environmental impact assessment procedure was left in relation to the current act. There is a ban on locating wind farms in the areas of national parks, nature reserves, landscape parks and Natura 2000 areas. However, the obligation to keep distances remains in the case of national parks (10h) and nature reserves (500 meters).
As part of the project, a provision was left according to which an investor implementing an investment in the field of a wind farm may undertake, by way of an agreement concluded with a commune, to bear the costs of preparing or changing a study or preparing or changing a local plan, in whole or in part, to the extent necessary to implementation of this investment.
In accordance with the arrangements made at the Standing Committee of the Council of Ministers, the draft took into account comments submitted by the Government Plenipotentiary for Strategic Energy Infrastructure. The minimum distance between power plants and grids has been introduced, equal to or greater than three times the maximum rotor diameter including blades (3D distance) or equal to or greater than twice the maximum total height of the wind turbine (distance 2H), specified in the local plan, depending on which of the of these values is greater. In the course of the findings, only the wording of the transitional provision reported to the SKRM by the Plenipotentiary concerning the provisions applicable to initiated and pending procedures for the issuance of a building permit for wind farms was modified – it was decided that in such cases the regulations requiring the distance of the wind farm from the grid to be taken into account (added Art.4a).
One of the accompanying changes is the modification of Art. 70ba paragraph. 1 and 79a sec. 1 of the Act on Renewable Energy Sources as regards the possibility of extending the deadlines for fulfilling obligations under the auction system and the FiT / FiP system. The purpose of the amendment is to extend the current maximum 12-month period by an additional 6 months – up to 18 months.
Transitional provisions
Local spatial development plans, in force on the date of entry into force of the draft amendment, shall remain in force.
The requirements for determining the distance of the wind farm from a residential building or a building with a mixed function, which include the housing function referred to in art. 4 of the Act amended in Art. 1 as amended by the project and the requirements referred to in Art. 4a, art. 4c and art. 7 of the Act amended in Art. 1 as amended by this Act. At the same time, the architectural and construction administration authority refuses to issue a building permit, and the authority conducting the proceedings on the decision on environmental conditions refuses to consent to the implementation of the project, if this investment in the form of a wind farm does not meet the requirement of keeping the minimum distance of 500 meters from a residential building or a building with the function of mixed, which includes the residential function.
The provisions of the act in the current wording shall apply to draft local plans or their changes, in relation to which before the date of entry into force of the Act, the provisions of the Act in the current wording shall apply, unless the commune authorities decide to use the option to determine the distance of the power plant from a residential building or a building in the local plan. with a mixed function, which includes the residential function or such a building from a wind farm that is smaller than ten times the total height of the wind farm, in accordance with Art. 4 of the Act as amended in accordance with the draft.
The provisions of the proposed art. 4a of the Act (minimum distances from high voltage networks) shall apply to draft local plans that have not been adopted by the effective date of this Act.
Pursuant to Art. 15 constituting a transitional provision to the draft amendment, the provisions of this Act shall apply to proceedings conducted in relation to wind farms on the issue of a building permit and on the issue of a decision on environmental conditions, initiated and not completed before the effective date of this Act. . In accordance with paragraph 2 of this article, the provisions of the act amended in art. 1 as amended by this Act, excluding Art. 4a. According to the justification, the purpose of the proposed structure is that the new rule defining the distances of wind farms from the highest voltage lines does not affect the already completed proceedings.