DetalleParticipacionPublica

Query
Open
Range of the Standard:
Available to other authorities
Character of the query:
Policy
Type of participation:
Prior public consultation

Background of the norm

At the end of 2016 the European commission within the “ winter Package ” suggested placing citizenship in the center of the energy transition. In particular, the Directive on the promotion of renewable energies requires member states to guarantee consumers the right to produce, consume, store and sell their own renewable energy.

The participation of citizens and local authorities in renewable energy projects, through local energy communities can generate a significant added value in relation to the local acceptance of renewable energies and access to additional private capital. This will result in local investments, greater freedom of choice for consumers and greater participation of citizens in energy transition. Additionally, citizenship can, both stimulate policies and enhance greater social and environmental responsibility of companies, as participate of employment generated. The transition to an energy system descarbonizado is a social and technological challenge of the first magnitude, but also an opportunity to give a central role to citizenship in the energy sector.

At European level, this citizen participation materialized with energy cooperatives, municipal initiatives or movements systems supplied by citizens of “ crowdfunding ” or “ crowdlending ”. The challenge is to promote the proactive role of citizenship in energy transition, develop the potential social, based on a model in that part of citizenship actively participates in tasks to benefit the community in the field of energy in ways that promote this model.

In the thermal Area, distribution networks of heat and cold are a valuable tool for boosting energy communities, as well as for reducing the consumption of fossil fuels and CO2 emissions, and as a way of integrating the electrical and thermal sectors. However, its effective implementation in Spain is relatively small compared with our environment.

Problems to be solved with the new standard

In this public consultation process after participants are asked to respond to all or part of the questions below:

Note: in the query we use the term “ local ” energy communities to refer to the whole of communities of Renewable energy and energy Citizens Communities. In their responses, make distinction between these figures, as it considers necessary.

Large

  1. What aspects believes that should be addressed to the momentum of the Local Energy Communities?
  2. What specific measures believes necessary for its deployment?
  3. What aspects transversal, social, environmental, fairness … should be considered? What can contribute aspects Energy communities to achieve the objectives of: a) the transition strategy Just and (b) the National strategy for the prevention and combating poverty and social exclusion What role should play public administrations in these aspects?

Legal aspects

  1. What legal frameworks both at the local/autonomic our country, or at European level/international, considered good practice and why? What existing initiatives in our country, or at European level/international can be considered a reference and are easy to fit into the concept of local energy community?
  2. How do you think should move communities of renewable energy and communities citizens of energy to the Spanish legal system?
  3. In your opinion, what is the right approach to define the/s legal entity/is more suitable for Local Energy communities?
  4. What rights and obligations economic policy and should be set to those figures in order to protect both participants from the same as consumers that do not participate in them?
  5. What actions that could be taken to the technical and economic momentum of distribution networks of heat and cold?

Barriers and opportunities

  1. What do you consider regulatory barriers, social, economic or of any nature that currently hamper the deployment of the local energy communities from the standpoint of: a) citizens, (b) SMEs, (c) local authorities, d) other players? What barrier finds more constraint?
  2. What sectors and how believes that the local energy communities could contribute more effectively and efficiently to decarbonise the economy?
  3. What co-benefits can provide Energy communities to citizenship and the environment? What opportunities are Energy communities for economic recovery and the development of new business models?

Enabling framework

  1. How To promote innovation in business models relating to the local energy communities in the areas of renewable energies, electrical, energy efficiency, transport or other energy services?
  2. The business models of local communities of energy financial not create value, with positive social impact, how could be captured and measuring these non-financial values?

Players

  1. Who should act as a driver of the Local Energy Communities? What role should play public administrations?
  2. What is the optimal and the critical factors to promote the participation of citizens in Local Energy communities? Once involved as partners/members of the same, what is the best way to participate in decision-making and its governance?

Objectives of the norm

European framework

The Directive (HAT) 2018/2001 of the European Parliament and of the council, 11 December 2018 relating to the promotion of the use of energy from renewable sources, establishes the obligation to member states to ensure that consumers have the right to participate in a community of renewable energies, while maintaining its rights or obligations as end consumers. Similarly establishes that communities of renewable energy have the right to produce, consume, store, or sell renewable energies, or share within the community that generate renewable energy production units of this community property and access all energy markets. It also establishes as reference for the member states the provide a framework to promote and facilitate the development of communities of renewable energies.

The transposition of certain aspects on communities of renewable energies has been done through the Right Decreto-ley 23/2020, 23 June, approving measures on energy and other fields for economic revival, through the modification of several sections of the Act 24/2013, 26 December, the electricity Sector. In his article 4.j. defined communities of Renewable Energies as “ legal entities based on open participation and voluntarily, autonomous and effectively controlled by partners or members who are located in the vicinity of renewable energy projects owned by such legal entities and that these have developed, whose partners or members are natural persons, pymes or local authorities, including municipalities and whose primary purpose is to provide environmental benefits, economic or social partners or members or local areas where they operate, instead of financial gains. ” Therefore these communities may be based on premises of any energy vector, wherever and whenever renewable.

The Directive (HAT) 2019/944 of the European Parliament and of the council, 5 June 2019, on common rules for the internal market in electricity, reflects the figure of community citizen of energy, defining it as “ a legal entity that: is based on voluntary participation and open, and whose effective control is exercised by partners or members who are natural persons, local authorities, including municipalities, or small businesses; whose main objective is to provide environmental benefits, economic or social its members or partners or the town in which it operates, rather than to generate a financial profitability, and participates in the generation, including from renewable sources, distribution, supply, consumption, aggregation, storing energy, the provision of energy efficiency, or the provision of services to recharge electric vehicles or other energy services to its members or partners. ” These communities are limited to the electric power sector from or non-renewable sources.

This directive establishes the obligation to the member states to offer a favourable legal framework for communities citizens of energy that ensures that: participation in the same is open and voluntary; its partners or members have the right to leave the community; its partners or members do not lose their rights and obligations as domestic customers or assets; the manager of the distribution network cooperate in exchange for fair compensation evaluated by the regulator, with communities citizens of energy to facilitate transfer of electricity between these; communities energy citizens are subject to procedures and charges, including registration and licensing, fair, proportionate and transparent, as well as charges for access to the network transparent and non-discriminatory, reflecting the costs in accordance with Article 18 of the regulation (HAT) 2019/943, and guaranteeing that contribute appropriately and balanced overall sharing the costs of the system.

The text also states that Member States shall ensure that communities citizens of energy: access to all markets organized; they benefit from non-discriminatory treatment and provided in their activities, rights and obligations as end customers, generators, suppliers, managers of distribution networks or market participants serving of aggregation; they are responsible economically from the detours caused in the electrical system; are treated as active clients regarding the electricity consumption autogenerada; have the right to organize within the community citizen of energy a distribution of electricity produced by the production units that belong to the community. Furthermore, member states may provide in the legal framework favourable communities energy citizens have the right to own, establish, purchase or lease distribution networks and manage them autonomously.

Ambas figuras de comunidades de energías renovables y comunidades ciudadanas de energía tienen como fin la participación de los ciudadanos y autoridades locales en los proyectos de energías renovables, lo que permitirá una mayor aceptación local de estas energías y acceso a capital privado adicional y será clave para la transición energética hacia una economía basada en energías renovables.

State framework

The Strategic Framework of energy and climate launched in February 2019 contains the necessary initiatives to modernize the economy and begin the transition to an economy descarbonizada. Within this framework is the national Plan Consist of energy and climate 2021-2030, updated in January 2020, which establishes objectives and policies and measures in line with a scenario for reaching climate neutrality before 2050.

In the “ measure 1.13. local Energy communities ” of the national Plan Consist of energy and Climate (PNIEC) sets the lines of action to develop the appropriate regulatory framework to define these legal entities and to support their development.

The normative framework should take into account the legal figures susceptible to becoming local energy communities, such as those arising out of associations, cooperatives, managers of industrial parks, technoparks, communities of owners or port areas, etc.

Moreover, includes measures of administrative simplification and promotion of demonstration projects to identify and develop viable business models for different types of projects.

Additionally, the national Plan Consist of energy and Climate (PNIEC), in its “ measure 1.6. Framework for the development of renewable energies thermal ”, sets up a mechanism for promotion of networks of heat and cold the development of renewable energy communities linked to climate networks including technical training at the municipal level.

You can also bring a series of measures that Plan that are based on or contribute towards citizen participation in the field of energy, key element for local energy communities:

  • “ measure 1.2. Management of demand, storage and flexibility ”, where one of its objectives is to promote citizen participation in demand management.
  • “ measure 1.4. Development of renewable with consumption and distributed generation ”, noting the collective consumption as a starting point for local energy communities.
  • “ measure 1.14. Promotion of proactive role of citizenship in the decarbonisation ”, with goals as empower citizenship, to promote their participation in energy transition or promote the mobilization of funds available by citizens to help finance renewable energy transition or to manage their own energy.
  • “Medida 1.19. Generación de conocimiento, divulgación y sensibilización”, para promover la participación proactiva de todos los actores de la transición energética.
  • “ measure 2.15. Communication and information on energy efficiency, ” with measures of communication and information to transform the energy consumption habits or vulnerable consumer-oriented.

“ measure 5.8. Social innovation by climate ”, with one of its objectives remain support innovation projects social and urban.

Actualmente se encuentran en elaboración la Estrategia Nacional de Autoconsumo y la Estrategia de Almacenamiento y recientemente se cerró la consulta pública previa sobre Acceso a datos y evolución del sistema de contadores eléctricos. Todas ellas contribuyen también al objeto de esta consulta, teniendo en común la participación ciudadana como motor tractor en mayor o menor medida, y las sinergias entre ellas serán definidas.

Also the strategy long-term Decarbonization (ELP) 2050, in its chapter 7.1. “ The role of citizenship ”, capture the importance of having the involvement of society in a stable for the transformation of energy system and the economy to a country climate-neutral by 2050, positioned to citizenship in the center of the energy system.

Finally, in a context of economic recovery and reconstruction after the health crisis, local energy communities can play an important role in the generation fast activity and employment, not only directly but also by the pull on the various local value chains and savings in energy costs for consumers domestic, industrial or of the service sector or public. In the recovery Plan, transformation and resilience published in October 2020, under the policy lever 1, “ rural and Urban Agenda and combating depopulation ”, the line of action 2 “ Rehabilitation Plan of housing and urban regeneration ” includes a transition plan for energy Spain emptied, which aims to boost energy communities, rehabilitation and regeneration and supporting sustainable and affordable energy in municipalities of less than 5,000 inhabitants, as a lever for generating employment and attraction of activity.

Continuing the work captured in the working paper "guide for the development of tools-local energy communities [PDF]", proposes this public consultation whose purpose is to collect, directly or through its representative organizations, the view of the collectives and stakeholders, administrations and potentially actors involved the development of Local Energy Communities, on the approach to the transposition of these European guidelines to the Spanish legal system, identification of priorities and key challenges, as well as potential measures to overcome them.

Remission deadline

Deadline for submitting arguments from the day Tuesday, November 17, 2020 until the day Wednesday, December 2, 2020

Submission of allegations

The allegations may be referred to the email address: bzn-comunidadenergia@miteco.es

Will only be considered responses in which the sender is identified.

In general the answers will be considered nonconfidential and free circulation. The parties that are considered confidential must be specifically identified and delimited in the comments, motivating the reasons for such qualification.

Annexes