The environmental procedures before the execution of a renewable energy project

Spain is getting late

The European’s union goal for 2030 is that 32% of its energy must be from arenewable source, in other words, the reduction of 40% of greenhouse gases. Spain is getting late for the 2020 purpose, which was 20% of the energy must be renewable. In 2018 the statistics shows that it was a bit late, only 16%. So, to catch the European renewable energy train, nowadays we are seeing a massive number of projects executed and planed for the future here in Spain.

The environmental procedures

Every project has a previous fase, as the administrative procedures. So, what are the environmental procedures before the execution of a renewable energy project? The environmental evaluation of these kind of projects has three documents:

• Technical project: It resumes the design, localization and the way of execution.
• Environmental impact study (from now on EsIA): Identify, prevent impacts.
• Environmental Impact Declaration (DIA): The environmental authority decision, about the conditions and the ways of execution, only from the environmental side.

Types of Environmental evaluation (EIA)

There are two types of Environmental evaluation (EIA) in Spain: Ordinary and simplified. How do we know which one needs our project? To answer the previous question, exist two laws that determinate the environmental evaluation of renewable energy projects: Law 21/2013, of 9th of December of environmental evaluation. (BOE nº 296, 11/12/2013)A basic state rule, determinate the procedures and the annexed parts of the projects that need to start an EIA.

• Annex I: Projects with an ordinary EIA Group 3: energy industry. Paragraph i: installations that use the wind power to produce energy and have 50 or more windmills, or, they produce more than 30 MW, or, are located within 2 km of another operative wind farm, in construction, or with a DIA. Paragraph j: Installations with the purpose of the production of electricity from solar energy and destinated to be sold. Not situated on buildings roofs, with more than 100 ha of land occupation.

• Annex II: Projects with a simplified EIAGroup 4: energy industry. Paragraph g: installations that use the wind power to produce energy, not included in Annex I. except the ones destinated to self-supply and less than 100 KW of total power. Paragraph i: Installations with the purpose of the production of electricity from solar energy and destinated to be sold. Not included in Annex I nor situated on buildings roofs nor urban lands. With more than 10 ha of land occupation.Law 4/2007, 8th of March of Environmental evaluation in Castilla-La Mancha. (DOCM nº 60, 20/03/2007).

Autonomous law, Castilla La Mancha

Autonomous law, development rule and additional protection. Sets up the periods of procedures and additional project to the mentioned in the state law.

• Annex I: Projects with an ordinary EIA Group 3: energy industry. Paragraph f: Installations for the use of solar energy with a thermal power superior to 20 MW. Or more than 100 ha of occupied land.Paragraph j: installations that use the wind power to produce energy and have 25 or more windmills, or, are located within 2 km of another operative wind farm, or, they have more than 10 windmills when they are built in sensitive areas, Law 9/1999, of Natural conservation in Castilla-La Mancha.

• Annex II: Projects with a simplified EIA Group 4: energy industry. Paragraph j: Installations with the purpose of the production of electricity from solar energy located in rustic lands with a thermal power superior to 1 MW or more than 5 ha of occupied land. Paragraph k: low powered wind farms and windmills connected to distribution lines or substations, or windfarms not included in Annex I.

After the description of all type of projects, we can say that projects that belongs to the Annex I, in both laws, the EIA is mandatory, so, the technical document of the project, the start request of the EIA, fees and the EsIA mustbe submitted to the substantive body. On the other hand, those projects included in the Annex II, the start request of the EIA, fees and the environmental document (not EsIA) must be submitted to the substantive body and with its environmental impact report (Not DIA) decides if the project doesn’t need an EIA, or, an EsIA is needed.

If your company intends to invest in renewable energies in Spain or already doing it, Ideas medioambientales can help you as is already doing with other companies.