The New Renewable Energy Consolidated Act: Key Innovations
With the Legislative Decree No. 190/2024, published in the Official Gazette on December 12, 2024, and effective as of December 30, the Italian Government has introduced a comprehensive reform of administrative procedures for renewable energy production, commonly referred to as the “Renewable Energy Consolidated Act”.
The Decree was adopted under the authority granted by “delegation” Law No. 118/2022, the 2021 Annual Law for Market and Competition. The purpose of this delegation, implemented through the Consolidated Act, was to coordinate existing legislative provisions on renewable energy, amend regulations for systemic consistency, and simplify administrative procedures.
The Consolidated Act reorganizes the legal framework for authorization procedures governing renewable energy production facilities, thereby repealing and modifying key legislative references such as Legislative Decrees No. 387/2003 and No. 28/2011.
Main Updates
- Reduction in Administrative Regimes
The Act reduces the number of administrative regimes from four to three, eliminating the “Certified Commencement of Works Declaration” (DILA – Dichiarazione di inizio lavori asseverata) to streamline procedures. The three remaining regimes are:
- Free Activity: this applies to minor interventions that do not impact protected assets or public works and meet minimum technical and environmental conditions.
- Simplified Authorization Procedure (PAS): this applies to medium-complexity projects that do not require environmental evaluations.
- Single Authorization (AU): this is required for large-scale or complex projects.
- Free Activity Regime
Interventions qualifying as free activities (Articles 7 and Annex A of the Act) include minor works compatible with urban planning and building regulations, while respecting certain minimum technical and environmental conditions. The interventions must be carried out by those who have legal availability of the area. With regard to this aspect, the new provisions (Article 10 of the Consolidated Act) establish a specific procedure for issuing concessions for the use of public surfaces or resources, applicable to other authorization regimes, as well. For interventions on non-developed lands, a financial guarantee for site restoration is required. Unlike the previous system, the new Decree does not mandate the submission of any notification or declaration. Moreover, several interventions previously subject to the Certified Commencement of Works Declaration (DILA) are now classified under the category of free activities, as the DILA is no longer required.
In cases involving landscape constraints, the relevant authority must issue a decision within 30 days (reduced from 45 days under the previous regime), supported by the Superintendent’s opinion within 20 days. The time limit for issuing or denying the authorization may be suspended only once, for a maximum of 15 days. If no negative opinion is expressed, authorization is deemed granted. Here are also cases in which the authorization does not need to be requested, despite the existence of restrictions. For instance, this is provided if the interventions are not visible from external spaces or in case of revamping of existing systems that do not result in an increase in the occupied area.
- Simplified Authorization Procedure (PAS)
Under Articles 8 and Annex B, the PAS applies to projects of medium complexity. Key features include:
Submission of the project by the interested party through a specific digital platform (SUER) with an authorization mechanism, under Italian law, similar to that of the general Certified Notice of Commencement of Activity (“SCIA” – see Cons. Stato, no. 3990/2024). If the proposing party does not receive an explicit denial within a set timeframe (which may vary depending on the case), the authorization will be deemed to have been issued without any further condition. The application of this rule is extended by the Consolidated Text to cases not covered by the previous regulations, such as the need for acts of consent under municipal jurisdiction or the service conference. For the purpose of calculating the term, the new regulations on PAS distinguish:
- The ordinary case, where the term is 30 days, with the possibility of suspension for an additional 30 days, in case clarifications or integrations to the request are needed;
- Interventions that require multiple approval acts within municipal jurisdiction, for which the term is 45 days;
- Interventions that require the consent of administrations other than the proceeding one, for which a service conference must be scheduled, with a reference term of 60 days; beyond this deadline, tacit approval occurs if the negative conclusion of the conference has not been communicated, and no properly justified dissent has been expressed by an environmental, cultural heritage and landscape, or health and safety protection authority (which is equivalent to a denial of the project approval);
- For certain interventions specifically identified in Annex B, the terms are reduced by one-third (rounded down to the nearest whole number where necessary).
As in the previous regulations, once the terms for tacit approval have expired, the proposing party must request the publication, in the Official Bulletin of the relevant region, of the notice of the completion of the permit title: by doing so, the title becomes effective. As such, the title becomes enforceable against third parties and can be appealed only within the legal deadlines. However, there is a new rule that expressly provides that the title expires if the construction works for the plants are not started within one year from the completion of the procedure and if the works are not completed within three years from their start. A new PAS will be required for the completion of the unfinished part of the intervention.
For the purpose of the PAS, it is also required that the area is legally available of the proposing party. This can be granted to the proposing party also through public land concession mechanisms as per Article 10 of the Consolidated Text. The availability of areas related to connection works is not required, while expropriation procedures may be initiated for network works.
- Single Authorization (AU)
The AU is Regulated by Article 9 and Annex C, and mandatory for large-scale projects. The administrative jurisdiction is divided as follows:
- regional authorities are competent for facilities up to 300 MW;
- the Ministry of Environment is competent for projects exceeding 300 MW or involving offshore installations.
The Single Authorization requires in several cases (provided for by Article 13 of the new Consolidated Text) the procedure of environmental impact assessment (EIA) provided for by Legislative Decree no. 152/2006 (“Environmental Code”), which does apply to free activity and PAS regimes..
With this regard, in cases where a regional EIA is required, , Regions may, at their discretion, activate the regional single authorization act procedure (“PAUR”) pursuant to Article 27-bis of the Environmental Code. Regions are allowed, anyway, the option to establish a single procedure, whose final AU act will also include the VIA decision.
The choice of PAUR will, in any case, require compliance with an overall two-year term for the issuance of all titles enabling the implementation of the projects.
Even in the case where the PAUR procedure is not followed, the Single Authorization procedure will now also include the possible decision on the screening for the EIA. Finally, it is provided that the Single Authorization decision must now be published on the website of the competent Administration.
For the interventions falling under the Single Authorization regime, the new Consolidated Text regulates the procedure related to the phase following the submission of the application, i.e. the verification of the completeness of the documentation, and establishes the deadlines for any required integrations. Additionally, it sets the deadline for the conclusion of the service conference to be convened, which is 120 from the date of the first meeting. This deadline is suspended for up to 60 days in the case of projects subject to EIA screening or for up to 90 days in the case of projects subject to EIA.
For interventions subject to Single Authorization, expropriation procedures are also allowed for plant areas, provided that they do not concern newly constructed PV, thermodynamic solar, biogas, and biomethane plants.
The Single Authorization decision has a minimum duration of four years and sets the deadline for the commencement of works and the commissioning of the plant. The extension of this term can be requested due to force majeure; the competent authority must decide on the relevant request within 60 days.
Regarding the EIA screening and EIA procedures, the Consolidated Text introduces, by amending the Environmental Code, new power thresholds for plants, beyond which the related obligations apply, based on the characteristics of the plant and the type of surface on which they are built (for example, higher thresholds for industrial areas, lower for agricultural areas).
In any case, the provisions of the Presidential Decree 8 September 1997, No. 357, regarding impact assessment for areas of Community significance, also apply. The provisions above apply also to free activity and PAS.
Acceleration Zones
The new Consolidated Act introduces “acceleration zones”, identified through strategic environmental assessments (SEA), by Regions – in the case of areas on land – and by decree of the President of the Council, on the proposal of MASE and in agreement with the MIT – for off-shore plants. Projects in these zones benefit from advanced procedural simplifications, including exemptions from EIA if prescribed mitigation measures are implemented.
These areas will be mapped by the Italian Energy Services Operator (GSE) by May 2025, with the final regional plans expected by February 2026. The priorities for identifying acceleration zones include artificial and built-up areas, industrial zones and disposal sites, artificial water basins, and non-productive agricultural land.
Sanctions and Compliance
Article 11 of the Consolidated Act establishes administrative penalties for non-compliance that are, in general, more severe than in the previous regulation framework. The fines for non-compliance can amount up to €150,000, for larger facilities. Violations also require site restoration and may trigger additional protective measures (for example, in the field of cultural heritage protection).
Regions and local administrations must align their regulations with the Act within 180 days, also introducing measures for greater simplification. For instance, different thresholds may be established for the application of different authorization regimes, while those related to environmental assessment procedures remain unchanged. Until then, previous regulations apply. Should regions fail to comply within the deadline, the provisions of the Consolidated Act will automatically take effect.
The Consolidated Text assigns to the individual Regions the implementation of specific aspects of the regulations, such as the identification of rules on the “cumulative effect”, meaning how to assess the submission of multiple projects by the same “center of interests”, which are individually subject to a less burdensome authorization procedure but, when combined, result in the application of more complex procedures (so-called “artificial fragmentation”).
Outlook
While the Renewable Energy Consolidated Act introduces significant simplifications, potential ambiguities in project classifications and the increased autonomy granted to regional and local authorities could lead to uncertainties or delays. Stakeholders in the sector have already proposed amendments, which may be addressed through a “corrective” decree, within one year of the entry into force of the Consolidated Act.
