LAW 41/2023 was passed, converting Decree Law 13/2023 into law, bringing important changes on permitting, eligible areas, agrovoltaics, hydroelectric, biomethane and much more.

Part of the decree is reserved for simplification regulations to support the production of electricity from renewable sources, and although the subject matter is extremely topical, only a few articles appear.

However, the emergency legislation has intervened on several of the issues of extreme relevance to those working in the sector and beyond.

Among the major changes, the most striking is certainly the simplification of the installation of certain photovoltaic systems now equalized to ordinary maintenance activities. This new context leads to a few considerations, the first concerns the mandatory application of the new discipline at the expense of more structured procedures. Already in the past, authorities have rigidly interpreted the Simplified Permit Procedure (PAS) discipline, rejecting Single Authorization (AU) applications and deeming the simplified procedure more suitable. This situation has prevented applicants from obtaining – for the works under construction – more comprehensive and therefore more protective administrative measures. One wonders, therefore, whether the mechanism may be repeated in an even more worrisome way for “routine maintenance,” with a postponement of inspections to the completion of the works, thus decreasing the possibility of any timely remedies.

Another observation concerns the need, if one decides to avail oneself of ordinary maintenance, to fulfill requirements of a different nature than those of authorization, such as for communications addressed to the Civil Engineers in the seismic field, the application of the requirements of the current Master Plan or compliance with the buffers imposed by other sources of law.

Finally, it should be noted that although for PAS the legislature has finally defined what is the moment from which the terms for third-party enforceability of the project begin to run, i.e., from the publication of the PAS declaration in the Official Bulletin, in the case of routine maintenance, no clarity has been made on these terms. A lack that reopens the debate that has accompanied simplified enabling procedures in recent years.