Updated draft amendment to the RES Act

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The website of the Government Legislation Center published the updated version of the draft act amending the act on renewable energy sources and some other acts (list number UD 107), updated after public consultations and interministerial arrangements.

In the original version, the draft provided for the extension of the maximum period of support provided under the discount system, FiT and FiP systems and the auction system until June 30, 2045, i.e. by five years. The updated version of the draft provides for the extension to June 30, 2047, which is the same as the new maximum deadline for granting state aid, i.e. December 31, 2027 (originally it was June 30, 2026). Thus, the support systems were extended by an additional six and a half years, instead of the five years provided for in the previous version.

According to the justification for the project, the deadline of June 30, 2047 also covers the period necessary for the investor to fulfill the obligation referred to in Art. 79 sec. 3 point 8 lit. a of the Act, i.e. the sale of electricity for the first time under the auction system, within 42 months from the date of closing the auction session.

In addition, the positive balance compensation period under the auction system was shortened to three years with the repayment date until June 30 of the fourth year following the calendar year to which the refund relates.

The possibility of obtaining operating aid was also extended by an additional 2 years – only in the FIT and FIP systems for SHP and biogas installations with a capacity not exceeding 1 MW, which used the green certificates system for a minimum of 5 years. As a result, the support period for these installations would not exceed 17 years.

In connection with the extension of the support periods, an increase in the spending limit for the implementation of tasks by the President of the ERO was also planned.

Moreover, it is also planned to reintroduce the correction factor 0.5 to the system for certificates of origin for electricity from renewable energy sources produced in the installation referred to in Art. 44 sec. 8 (generators using biomass, bioliquids, biogas or agricultural biogas in a multi-fuel combustion installation to generate this electricity, excluding dedicated multi-fuel combustion installations, excluding electricity from renewable energy sources produced in a dedicated multi-fuel combustion installation) – by December 31, 2025 r.

Draft on RCL RCL

Justification of the draft