The Junta de Castilla La Mancha legislates to accelerate the deployment of renewables

Law 7/2022, of July 29, on Measures for the Administrative Streamlining of Renewable Energy Projects in Castilla-La Mancha has been published in the DOCM. [2022/7537]
We highlight some aspects of the standard, which you can find in full at this link.

This law regulates the immediate application in Castilla-La Mancha of the procedure for determining the environmental impact for renewable energy projects established in the aforementioned Royal Decree-Law 6/2022, of March 29, with the same temporary validity, adding additional provisions to Law 2/2020, of February 7, on Environmental Assessment of Castilla-La Mancha, and to Decree 80/2007, of June 19, which regulates the procedures for authorizing electrical energy installations to be processed by the Castilla-La Mancha Community Board Mancha and its review and inspection regime.
Who can benefit from the expedited procedure?
a) Connection: Projects that have air evacuation lines not included in group 3, sections h) and i) of the
Annex I of this Act.
b) Size:
1. Wind projects whose authorization falls within the competence of the Autonomous Community.
2. Photovoltaic solar energy projects whose authorization falls within the competence of the Autonomous Community.
c) Location: Projects that, not located on areas that are part of the Natura 2000 Network, at the date of submission of the request for authorization by the developer are located entirely in areas of low sensitivity according to “Environmental Zoning for the Implementation of Renewable Energies”, a tool developed by the Ministry for Ecological Transition and the Demographic Challenge.
d) Deadline: This procedure will apply to projects for which the developers submit a request for administrative authorization, as provided for in article 53 of Law 24/2013, of December 26, on the Electricity Sector, to the substantive body before December 31, 2024 and that meet the requirements established in regional regulations for the processing of electrical energy installations

What is the procedure?

a) The sponsor must submit the following documentation to the substantive body for authorization:
I. Request for environmental impact determination for renewable energy projects. The request for the determination of environmental damage must meet the general requirements set out in article 66 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
II. The draft, consisting of the preliminary draft provided for in article 53.1 (a) of Law 24/2013, of December 26.
III. The environmental impact study with the contents provided for in articles 4.3.c) and 38 and in Annex VI of this law.
IV. An executive summary that quantifies the accredited impacts with respect to the aspects included in letter b) of this section.
b) The executive summary prepared by the sponsor should address in a synthetic way the main environmental effects of the project based on the following criteria:
1. Affection on protected areas and areas protected by international instruments, as defined in article 4 of this law, as well as on their peripheral protection areas.
2. Affection to biodiversity, in particular to catalogued protected or threatened species, habitats of community interest, as well as on habitats and geomorphological elements of special protection, as defined in Law 9/1999, of May 26, on the Conservation of Nature of Castilla-La Mancha.
3rd Affection due to discharges to public channels.
4th Condition due to waste generation.
5. Affection due to the use of natural resources.
6. Affection to cultural heritage.
7th Socio-economic impact on the territory.
8. Synergistic conditions with at least other nearby projects, those located 10 km or less in wind farms,
5 km from photovoltaic plants and 2 km from power lines.
c) If the documentation is complete, the substantive body will send the documentation to the environmental body within 10 days. Otherwise, subject to a request for correction in accordance with Article 68.1 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, the substantive body will have the sponsor for withdrawing its request.
d) In view of the documentation, the environmental body will analyze whether the project will, predictably, produce significant adverse effects on the environment, and will prepare a proposal for a report to determine the environmental impact, which it will send to the body responsible for protected areas and natural resources of Castilla-La Mancha, which will have a period of ten working days to make comments. After this period has elapsed, the lack of response will be considered as acceptance of the content of the proposed report for the purpose of continuing the proceedings.
e) In any case, the environmental authority shall formulate the report determining the environmental condition within a maximum period of two months from the receipt of the documentation. This report will determine if the project can continue with the corresponding processing of the authorization procedure because there are no significant adverse effects on the environment that require its submission to an environmental evaluation procedure or if, on the contrary, the project must undergo the corresponding environmental evaluation procedure in accordance with the provisions of article 6 of this law.
The report may also determine the obligation to submit the authorization of the project to the conditions deemed appropriate to mitigate or compensate for possible environmental effects of the project, as well as to conditions related to the monitoring and monitoring plan of the project. The installation cannot be subject to construction or operation authorization if these conditions are not respected.
f) The environmental impact determination report will be published on the electronic headquarters of the environmental body and in the Official Gazette of Castilla-La Mancha. It will also be notified to the sponsor and the substantive body within a maximum period of ten business days.
A fourth additional provision has been added to Law 2/2020, of February 7, on the Environmental Assessment of Castilla-La Mancha, with the following wording:
“Fourth additional provision. Prioritization of files of electricity generation projects from renewable sources.
In the processing of environmental assessment procedures for electricity generation projects from wind and photovoltaic renewable sources, priority will be given to the dispatch of files that correspond to projects located in areas of low sensitivity, according to the “Environmental Zoning for the Implementation of Renewable Energies”, prepared by the Ministry for the Ecological Transition and the Demographic Challenge”.

At Ideas MedioAmbiental we can help you streamline environmental procedures, including the executive summary necessary to take advantage of this accelerated procedure. Do not hesitate to contact us.