Biznes Fakty
There is a government decision on the wind farm law
The Council of Ministers has reviewed the proposed amendment to the wind farm legislation and has accepted it in terms of direction. Official confirmation is expected to occur in circulation mode by Friday, stated Deputy Prime Minister and Minister of National Defense Władysław Kosiniak-Kamysz following Tuesday’s cabinet meeting. The proposal will be presented to the Sejm prior to the next session.
The primary change anticipated in the amendment is the removal of the 10H regulation established in 2016, along with the implementation of a minimum distance of 500 meters for wind turbines from residential structures.
After the government meeting on Tuesday, Kosiniak-Kamysz, who presided over the session, reported that the Council of Ministers had reviewed the proposed amendment to the wind farm legislation and „has, in principle, accepted it directionally, with the final formal confirmation to occur in circulation mode by the end of this week”.
The Deputy Prime Minister noted that during the review, additional remarks emerged, including those from the General Prosecutor’s Office. He mentioned that all ministers will be permitted to provide feedback this week „on the modifications suggested after the final dialogue and consultation phase”. He stated that the remaining tasks involve „clarifying certain elements and presenting the project to the Sejm session”.
Kosiniak-Kamysz affirmed that the legislation „will be forwarded to the Sejm prior to the next session”. – This holds significant importance for us – he stressed, indicating that he hopes the parliament will deliberate on the bill „at the next – not tomorrow, but the following – session”.
Amendment to the Wind Farm Legislation
The main component of the proposed amendment to the Act on Investments in Wind Farms and Certain Other Acts involves the repeal of the 10H rule established in 2016, which prohibited the construction of wind turbines at a distance of less than ten times their height including the rotor from residential properties. The current regulations allow for reducing this distance to 700 meters under specific conditions. The proposed regulations aim to establish a minimum distance of 500 meters.
Furthermore, the minimum distance for turbines from the boundary of a national park is set to be 1,500 meters, and from designated Natura 2000 areas – 500 meters. This limitation is intended to encompass areas around Natura 2000 zones designated for the protection of bat and bird habitats.
The proposal introduces greater flexibility in the placement of wind farms near high-voltage power lines. Current regulations stipulate a minimum distance of 3H. The new plan aims to allow the investor the option to negotiate a shorter distance with the transmission operator during the preparation of a local spatial development plan (MPZP) for a specific wind project.
The latest published revision of the project includes provisions for repowering, which refers to the modernization of existing wind turbines. A minimum distance of 1H for the installation of new wind turbines from national roads has also been established, equal to the maximum height of the rotor blade above ground level. Concurrently, the governor, when granting a permit for road investment (ZRID), will mandate the removal of wind turbines situated closer than 1H from the proposed national road and will prohibit the issuance of building permits in that vicinity.
Regarding repowering, the project proposes that for the modernization of turbines governed by a development decision or a local plan (MPZP), which allows for smaller turbine dimensions than those post-modernization – the entire planning process must be followed, culminating in the adoption of a new local plan. If the MPZP allows for modernization, no changes will be necessary. Environmental decisions and building permits can be issued based on this, provided the investment meets the requirement of 500 meters from residential buildings and 1H from national roads.
Additionally, it is anticipated that constructing wind turbines will be prohibited in areas of military significance – specifically within MCTR airspace (military airport controlled zone) and MRT (military aviation route).
Other modifications include a suggestion to amend the Renewable Energy Sources Act, allowing renewable energy producers to factor in electricity generated and sold at negative prices for the purpose of fulfilling sales obligations under the auction system.
The proposal also aims to introduce an auction support system for biomethane installations with capacities exceeding 1 MW. Separate auctions are to be established for biomethane facilities with an installed electrical capacity of less than 2 MW and equal to or greater than 2 MW. Furthermore, regulations are proposed for a direct biogas pipeline linking the producer to the consumer. Instead of requiring the consent of the President of the Energy Regulatory Office, it will suffice to notify the regulator no later than 30 days after initiating biogas transmission through a direct pipeline.
