Wind power, here is the "Sardinian" law to block the invasion
The massive mobilization that is rising every day more and more everywhere on the island demands strong, clear and immediately effective responses. The Popular Initiative Law Proposal put forward last Saturday by the Mayor of Orgosolo, in the Municipality of the Barbagia area, is an opportunity to open an important discussion on the urgent, concrete and effective actions to be undertaken to stop the serious assault on the Sardinian territory by national and foreign energy lobbies and speculators. A legislative proposal that aims to pursue immediately effective responses capable of blocking, without further waste of time, the persistent progress of speculative projects of all kinds, wind and photovoltaic, positioned in the most evocative places of the Land of Nuraghi, imposes on everyone a effort of concrete and proactive elaboration.
On the front line
The L'Unione Sarda Publishing Group which, for three years already, was the first to propose what was happening on the island with special editions, investigations and public denunciations, also on this occasion believes it is its duty to make it available to its readers and to Sardinia all the tools necessary to inform and support any useful action to counter the devastation of the Sardinian territory. For this reason we are publishing the full text of the "Popular Initiative Law Proposal", so that everyone can contribute with analyses, ideas and useful proposals to accelerate any urgent decision to safeguard the future of the Island.
Effective and urgent law
The title
«Proposal for Urban Planning Law of the Autonomous Region of Sardinia – Urban planning regulations in application of article 3 letter “f” of the Autonomous Statute of Sardinia – Constitutional Law n.3 of 26 February 1948 – Urban planning regulatory provisions relating to the installation of photovoltaic systems land-based industrial and land-based wind farms with the implementation of principles and obligations of protection and valorisation contained in supranational, national and regional programmes".
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The relationship
The Autonomous and Special Region of Sardinia, whose Statute was approved with constitutional law n.3 of 26 February 1948, has primary competence in the field of «Building and Urban Planning» as regulated by the art. 3, letter «f», of the same Statute. The Constitutional Court has repeatedly noted that the competence of the Sardinian legislator in matters of construction and urban planning does not include "only strictly urban planning functions, but also those relating to cultural and environmental heritage" (sentence no. 178 of 2018; in this meaning already sentence no. 51 of 2006).
Territorial government plans
In this sense, it should be noted that the territory relating to the Sardinian Region is affected by multiple regional, national and community government and regulatory plans relating to the protection and enhancement of specific peculiarities of the Sardinian environmental and landscape compendium. These compendiums, the subject of precise management provisions, have never been the subject of specific urban planning regulations that would prevent violating the values and inspiring principles of these protection and valorization programs. The proposed law aims to make urban planning regulations homogeneous and organic with territorial planning already the subject of the plans and programs referred to.
Urban planning effectiveness
These are planning and protection tools that have never been translated into effective urban planning regulations capable of avoiding irreversible compromises of the regional territory, despite the provisions contained in the management programs of the areas referred to. It is therefore necessary to postpone the preparation of specific urban planning regulations capable of guaranteeing maximum protection in relation to areas burdened by hydrogeological risks, special protection zones, community-issued habitats , the delimitations of parks and naturalistic compendiums, identity assets , archaeological and monumental, the Sites of Community Importance, the IGP, DOC and DOP protection areas which oversee a relevant economic fabric such as agricultural and agro-pastoral production.
Planning urgency
This "urban planning" legislation takes on an urgent nature in relation to the risk of a "massive" devastation of the Sardinian territory, with serious and irreversible repercussions in every territorial area, including the upheaval of the urban planning structure of Sardinia and the loss of primary competence of the Region in the context of "Urban" planning and territorial governance, in a fair and coordinated territorial balance.
Article 1
Aims and purposes
This law, implementing Constitutional Law no. 3 – Statute of the Autonomous Region of Sardinia - art.3 letter «f» and the provisions of art.6 of the Implementation Rules of the Special Statute – Presidential Decree 22 May 1975, n.480, has as its objective:
1. territorial planning and governance of the Sardinian territory in order to prevent the compromise of the right balance between urbanized areas and the territorial fabric, naturalistic compendiums, areas subject to protection and valorisation plans, special protection areas, sites of community importance and areas subject to strategic and economic planning.
2. the urban planning discipline of the areas subject to economic, environmental and strategic programs of a community, state and regional nature.
3. the urban regulation of interventions relating to renewable energy production projects to be carried out for the sole purpose of self-consumption through the use of surfaces already built or to be built, areas already subject to urban planning with particular reference to agricultural, commercial and industrial areas .
4. the urban regulation of interventions in publicly owned areas and buildings, including energy communities promoted by public administrations, with the possible participation of private industrial partners to be selected through a public tender as per current regulations.
Article 2
Community, state and regional plans
This law intends to subject the following areas to urban planning:
1. Constraints imposed pursuant to the current provisions contained in the second part of Legislative Decree no. 42 of 2004 and subsequent amendments.
2. Declaration of notable public interest, pursuant to article 136 of Legislative Decree no. 42 of 2004 and subsequent amendments, or on the basis of previous provisions.
3. Protection pursuant to article 142 of Legislative Decree no. 42 of 2004 and subsequent amendments, so-called. assets restricted by law.
4. Constraints imposed pursuant to article 143, letter d), of Legislative Decree no. 42 of 2004 and subsequent amendments, on the occasion of the approval of the first homogeneous regional landscape plan.
5. The following areas, territories and identity assets are also subject to this law:
to. the “Su Nuraxi” site of Barumini, listed as a UNESCO world heritage site;
b. the archaeological assets attributable to the Pre-Nuragic and Nuragic Civilisations, even if without the declaration of archaeological interest, with the related panoramic areas as per the definition of the acts adopted or to be adopted by the relevant bodies;
c. the protected natural areas established pursuant to law no. 394 of 1991, included in the official list of protected natural areas (national parks and reserves);
d. the protected natural areas established pursuant to LR n. 31/1989 (regional parks and reserves; natural monuments; areas of significant naturalistic interest);
And. the areas in which the presence of animal species subject to protection by international conventions (Bern, Bonn, Paris, Washington, Barcelona) and by community directives is ascertained;
f. wetlands of international importance, designated pursuant to the Ramsar Convention (wetlands included in the list provided for by Presidential Decree no. 448/1976);
g. the areas included in the Natura 2000 network (SCI and SPAs) and related buffer zones;
h. the Important Bird Areas (IBAs);
the. the reproduction, feeding and transit areas of protected wildlife species, including the "permanent wildlife protection and capture oases" referred to in LR no. 23/1998;
L. the areas, identified pursuant to the current Excerpt Plan for the hydrogeological structure (PAI), by regional or municipal planning instruments, with high or very high hydraulic danger (Hi3 - Hi4) and with high or very high landslide danger (Hg3 - Hg4)
m. the areas under protection for reasons connected to agri-food traditions, the presence of quality agricultural-food production and/or of particular value with respect to the rural landscape-cultural context or a high capacity for land use, with particular reference to the areas defined by state decrees IGP, DOC and DOP;
6. They are the subject of urban planning regulations, in relation to the purposes referred to in the art. 1 of this law, the areas falling within the following urban zoning already regulated in the current municipal, provincial and regional planning instruments: zones A, B, C, D, E, F, G, H;
7. The areas relating to quarries, discontinued, unrecovered or abandoned mines or portions of quarries and mines not susceptible to further exploitation by virtue of the art. are subject to urban planning regulations. 4 letter «a» of the autonomous Statute of the Sardinia Region, Constitutional Law n.3 of 26 February 1948;
8. The areas limited within polygons and military bases, falling within the plans and constraints referred to in the previous paragraphs of this article, also by virtue of article 14 of the autonomous Statute of the Sardinia Region, Cost Law, are subject to urban planning regulations. . n.3 of 26 February 1948, which provides for the transfer to the regional heritage of state assets that have ceased their original state function;
Article 3
Settlement ban
1. In the areas referred to in article 2 of this law, without prejudice to interventions relating to self-consumption to be carried out on existing or to be built built surfaces referred to in the following provisions, the installation of ground-mounted industrial photovoltaic and agrivoltaic systems is prohibited ;
2. In the areas referred to in article 2 of this law, the construction and installation of onshore wind farms is prohibited;
3. In the areas referred to in art.2 it is also prohibited:
to. the construction of storage plants - called Energy Storage (BESS) - excluding those relating to self-consumption to be regulated by a Directive approved by the Regional Council proposed by agreement of the competent Departments and adopted by Decree of the President of the Region;
b. the construction of landing facilities and electrical connections with offshore facilities whose energy is not provided for in the Regional Energy Plan to be adopted within 12 months of the adoption of this law;
c. the construction of electrical connection systems with infrastructural networks not envisaged by the Regional Energy Plan and not necessary for the management of the Sardinian electricity system indicated by the Regional Energy Plan.
4. The areas referred to in article 2 are cartographically defined on the basis of the identification documents as per the precise list that the Regional Council must prepare and approve within 30 days of the entry into force of this law.
5. The boundaries and related overlaps, within 60 days of the entry into force of this law, must be reported cartographically and georeferenced in the geoportal called "GeoMappe" of the Sardinia Region in the category "areas urbanistically prohibited for the installation of wind and photovoltaic systems ” referred to in paragraphs 1, 2 and 3 of this article.
6. The Municipalities, within 180 days of the entry into force of this law, adapt their urban planning tools to the rules referred to in this article and, if necessary, arrange for the extension of the areas for proven reasons referred to in the art. 1 of this law.
7. Until adaptation by the Municipalities, referred to in paragraph 6, the provisions and cartographic definitions provided for in this law remain in force.
Article 4
Exceptions to public interventions
1. Any exceptions to the prohibition referred to in paragraph 1 of article 3 may be granted by the Regional Council exclusively:
to. for scientific and technological research plants, proposed by public entities or companies with a public majority, possibly in temporary business association or through corporate shareholdings with private individuals, with proven production and technological experience at an international level, selected through public tender procedures, in based on current regulations regarding public procurement and services, for the production of hydrogen and the consequent generation of electricity through a technologically innovative power plant powered by hydrogen, subject to verification of the suitability of the proposed systems for Environmental Impact Assessment.
2. Photovoltaic, agrivoltaic and wind power plants already existing in the areas affected by the provisions of this law may continue to operate until the existing authorization is in force.
Article 5
Energy communities
1. The Sardinian Region, in application of current state and regional regulations, promotes and encourages the creation of "energy communities" of municipal, inter-municipal, provincial and regional interest.
2. For the purposes of paragraph 1, the Regional Council, within 30 days of the entry into force of this law, upon proposal of the competent Departments, approves a Directive, to be adopted by Decree of the President of the Region, to regulate the forms of incentives, the processes authorizations and methods of private intervention in the establishment of energy communities.
3. All procedural time limits of regional competence relating to the interventions referred to in paragraph 1 are halved.
Article 6
Linear renewable energy plans
1. In order to promote a modern and effective process of valorisation of renewable energy, the Sardinian Region, in implementation of Article 3, letter "f" and Article 4, letter "e", of the Autonomous Statute of Sardinia, Constitutional Law. n.3 of 26 February 1948, promotes energy production plans through the preparation of projects for the valorisation of linear infrastructures, such as roads, railways, cycle paths and similar infrastructures.
2. The Sardinian Region, in agreement with the public entities that own and/or concessionaires of linear infrastructure networks referred to in paragraph 1, develops projects for the energy valorisation of contiguous areas and pertaining to road, railway and cycle routes, with particular reference to centerline areas, platforms and sidewalks.
3. The Regional Council, within 60 days of the entry into force of this law, develops a plan that identifies the main linear infrastructures and plans the procedures to implement linear renewable energy projects.
4. In relation to paragraph 3, the Regional Council identifies ways of involving public and private entities in the implementation of the projects referred to in paragraph 1.
Article 7
Authorization procedures
1. All proceedings initiated and not concluded on the date of entry into force of this law must be examined in compliance with the provisions of art. 3 of this law, in analogy with law 21 April 2023, n. 41, art. 47, paragraph 9 ter, relating to the cancellation of authorizations issued and existing procedures.
Article 8
Financial standard
1. The implementation of the provisions of this law does not result in new or increased burdens on regional finance and their implementation is carried out within the human, instrumental and financial resources available under current legislation.
Article 9
Entry into force
1. This law comes into force the day following its publication in the Official Bulletin of the Autonomous Region of Sardinia.
