Law on renewable energy sources – amendment

On August 31, 2023, an amendment to the Law on Renewable Energy Sources and Certain Other Laws was published in the Journal of Laws of the Republic of Poland (Journal of Laws 2023, item 1762). The amended Law on Renewable Energy Sources primarily serves to implement the provisions of Directive 2018/2001 of the European Parliament and of the Council (EU) of December 11, 2018 into Polish law. on promoting the use of energy from renewable sources (RED II Directive). The solutions contained in the amendment support the development of the renewable energy sources (RES) sector in the long term, and thus increase their share in national energy consumption.

Law on renewable energy sources – changes

The Law on Renewable Energy Sources introduces numerous changes, including. on hybrid RES installations, energy clusters, modernization and operational support for RES creation. It also includes provisions updating ambitions for offshore wind development. In addition, the law includes solutions to increase the connection potential for new RES generation sources. They make it possible to connect more than one renewable energy installation at a single site, known as cable pooling.

Law on renewable energy sources – statutory definition of biomethane

The Law on Renewable Energy Sources provides a statutory definition of biomethane, as well as rules and conditions for the business of producing biogas and then converting it into biomethane. According to the aforementioned law, biomethane is a gas obtained from biogas, agricultural biogas or renewable hydrogen, subjected to a purification process, fed into a gas network or transported in compressed or liquefied form by means of transportation other than gas networks, or used to fuel motor vehicles without being transported.

Law on Renewable Energy Sources – detailed scope of the changes introduced

• Update heating and cooling regulations

Provisions on the priority of purchasing heat from renewable sources and thermal waste conversion facilities, as well as on the so-called “thermal waste conversion” have been clarified. waste heat.

• Extension of the guarantee of origin

The possibility of issuing guarantees of origin has been extended to such energy types and carriers as, heat and cold, biomethane and renewable hydrogen. Provision has also been made for the Polish guarantee of origin issuing body to join the international Association of Issuing Bodies (AiB).

• Establishment of the National Focal Point for the Promotion of the Development of the National Economic and Social Policy. renewable energy sources

Establishment of a National Contact Point (NCP) to provide information support to future renewable energy generators.

• Facilitation of administrative procedures

According to the Construction Law, construction works involving the installation of photovoltaic devices, heat pumps and free-standing solar collectors with an installed electrical capacity greater than 50 kW require a construction permit decision. The amendment to the law raised the threshold to 150 kW of power.

• Regulations on the contract for the sale of electricity from renewable energy sources

The sale of electricity from renewable energy sources directly from the generator, the Power Purchase Agreement (PPA), has been regulated.

• Introduction of “prosumer tenant”

New billing options have been introduced for prosumers producing energy for the common part of a multi-tenant building (e.g., housing communities, housing cooperatives). The developed solution will make it possible to reduce property maintenance costs.

• Facilities for the operation of energy clusters

The passed legislation clarifies, among other things. The definition of an energy cluster, the principles of business cooperation within its framework, the scope of subjects and objects, and the area of operation of the energy cluster. They also provide for specific administrative and legal improvements and a system of support that will be available to entities enrolled in the new register of energy clusters maintained by the President of the Energy Regulatory Office (ERO). The regulation also provides for close cooperation between energy clusters and Distribution Network Operators (DSOs), with the aim of relieving the burden on the National Electricity System (NES).

• Facilities for the operation of energy cooperatives

The new solutions clarify the definition and objects of energy cooperatives, the terms of their cooperation with energy sellers and distribution system operators. In addition, they simplify reporting conditions and settlement rules.

• Operational (continuing) support for RES installations

The new support system is designed for power generators from facilities in a state of continued operation, primarily biogas, biomass and small hydroelectric plants that exit the certificate of origin system and incur operating costs that exceed revenues from the sale of energy at the market price. The launch of the system is suspended until mid-2025. due to persistently high energy prices.

• Support for modernization of RES installations

The new regulations are designed to keep functioning units in the system, especially those that are running out of support schemes and require significant modernization expenditures while rationalizing expenses.

• New definition of hybrid RES installations

A new definition of a hybrid renewable energy installation and the installed electrical capacity of a renewable energy installation is introduced, among other things. taking into account functioning technological solutions.

• Support for offshore wind energy development

Changes related to offshore wind energy are aimed at more efficient planning of infrastructure development. These include. Increasing auction volumes from 5 to 12 GW between 2025 and 2031, or clarifying the provisions for a proposal involving the derivation of power from an offshore wind farm.

• Sharing of connection infrastructure – the so-called. cable pooling

Thanks to the regulations being put in place to share connection infrastructure, the potential for generation capacity is increasing. This is significant support for RES energy producers who currently face refusal to connect.

When will the revised Renewable Energy Sources Act take effect?

The law will take effect on October 1, 2023. (except for provisions requiring a correspondingly longer vacatio legis).