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Laloi relative à l'accélération de la production d'énergies renouvelables, known as the EnR law, was published in the Journal Officiel on March 11, 2023. In this article, Tennaxia looks back at its main new features, and in particular at the provisions directly impacting companies.
Renewable Energies Act: background to adoption and current situation
Law no. 2023-175 of March 10, 2023 on accelerating the production of renewable energies (EnR) is primarily intended to make up for France's lag in renewable energies. In 2020, France was the only European country not to have achieved its renewable energy targets, with a threshold of 19% renewables in its final energy mix, instead of the 23% set.
According to figures from the French Ministry of Ecological Transition, by 2022, renewable energies will have supplied 20% of France's electricity needs.
In this context, the law and the Pluriannual Energy Program (PPE) set the following objectives:
- increase the share of renewable energies in France's final energy consumption to 33% by 2030 ;
- increase renewable electricity production capacity by allocating 1 GW of offshore wind power per year from 2024, multiplying installed photovoltaic capacity by 3 by 2028, and raising installed wind power capacity to 35 GW ;
- increase the share of renewable heat to 38% by multiplying the quantity of heat and cooling delivered by networks by 5.
The EnR law is the legislative component of the government's plan to accelerate the development of renewable energies. It will be accompanied by a second bill to accelerate procedures for the construction of new nuclear reactors.
What does the Renewable Energies Act contain?
The Renewable Energies Act has four main objectives:
- plan the deployment of renewable energies in the regions;
- simplify authorization procedures for renewable energy projects;
- mobilize land that has already been developed or has no major environmental impact, to deploy photovoltaic and wind energy, among other technologies;
- better sharing of the value generated by renewable energies, in particular with the local population.
In terms of planning, the law creates a territorial planning mechanism for renewable energies and simplifies the modification of urban planning documents required for project development. It also formalizes a planning process for offshore wind power and simplifies the applicable regulatory framework.
With regard to the simplification of authorization procedures for renewable energy projects, the EnR law notably simplifies connection procedures. It also recognizes the imperative reason of major public interest (RIIPM) for renewable energy and energy storage projects(new article L211-2-1 of the Energy Code).
One of the major points of the law is the mobilization of already-artificialized spaces for the development of renewable energies. This aspect will be dealt with in greater detail in the following section, as it introduces a number of obligations directly applicable to companies.
Lastly, the EnR law aims to ensure that the value generated by renewable energy projects is shared more equitably with their host communities. To this end, it introduces a mechanism for redistributing the value generated by renewable energy production projects, and opens up the possibility of local authorities and residents taking equity stakes in these projects. It also clarifies the rules governing renewable electricity and gas purchase contracts.
Renewable energies law: what impact for companies?
Obligation to solarize parking lots over 1500m2
As mentioned above, the EnR law aims to facilitate the mobilization of land that has already been developed or is of no major environmental interest for the development of renewable energies.
One of the law's key measures is Article 40, which stipulates that at least half the surface area of outdoor parking lots over 1,500m2 must be equipped with shading systems incorporating a renewable energy production process (e.g. photovoltaic panels).
The obligation applies to outdoor parking lots existing on July 1, 2023 , and to those for which planning permission applications have been submitted on or after March 10, 2023:
- July1, 2026 for parking lots with a surface area of 10,000m2 or more;
- July1, 2028 for those with a surface area of between 1,500 m² and 10,000 m².
Note: the application timetable has been adapted for parking lots managed under concession or public service delegation arrangements.
💡 In the case of several adjacent parking lots, the law provides that the managers may decide by mutual agreement to pool the obligation, provided that the surface area of the shades created corresponds to the sum of the shades to be installed on each of the parking lots.
The law specifies that this obligation does not apply to outdoor parking lots where the operator chooses to install renewable energy production processes that do not require shading (provided the production is equivalent).
In addition, a number of exemptions are provided for, including :
- when outdoor parking facilities are subject to technical, safety, architectural, heritage, environmental or site and landscape constraints that preclude the installation of shade structures;
- when it is not possible to comply with the obligation under economically acceptable conditions (in particular because of the constraints mentioned above);
- when at least half of the parking area is shaded by trees.
Please note: in the event of failure to comply with this obligation, the parking lot operator is liable to a fine of up to :
- 20,000 for parking lots with a total surface area of less than 10,000m2;
- 40,000 for parking lots with a total surface area of 10,000m2 or more.
Obligation to solarize new non-residential buildings: scope extended to 2025
As a reminder, the 2021 "climate and resilience" law extended, from July1, 2023, the obligation to integrate renewable energy production processes or revegetation systems to certain new non-residential buildings (Article L171-4 of the Construction and Housing Code).
This includes :
- constructions, extensions and major renovations of buildings or parts of buildings used for commercial, industrial or craft purposes, warehouse buildings, sheds not open to the public and used for commercial purposes, and covered parking lots open to the public, with a footprint exceeding 500 m² ;
- constructions, extensions and major renovations of office buildings or parts of buildings with a footprint exceeding 1,000m2.
The EnR law provides for this obligation to be strengthened from January1, 2025, when the minimum floor space requirement of 1000m2 for office buildings and parts of buildings will be reduced to 500m2.
New buildings, extensions and major renovations of over 500m2 will also be affected from this date:
- buildings or parts of buildings for administrative use ;
- hospitals ;
- sports, recreation and leisure facilities;
- school and university buildings or parts thereof.
The law progressively increases the minimum roof coverage targets for the buildings concerned. This target is set at 30% from July1, 2023, then 40% from July1, 2026 and finally 50% from 2027.
Obligation to solarize or green existing non-residential buildings over 500m2
Another important new feature: Article 43 of the ENR law imposes an obligation to integrate renewable energy production processes or vegetation systems into existing non-residential buildings with a footprint of at least 500m2 (new Article L171-5 of the French Construction and Housing Code).
From January1, 2028, this obligation applies to buildings or parts of buildings existing on July 1, 2023, or for which planning permission applications were submitted before July 1, 2023.
This includes :
- commercial, industrial, craft or administrative buildings;
- office or warehouse buildings or parts thereof;
- commercial hangars not open to the public;
- hospitals ;
- sports, recreation and leisure facilities;
- school and university buildings or parts thereof;
- covered parking lots accessible to the public.
However, a number of exemptions are available, in particular for :
- buildings or parts of buildings for which installation is made impossible due to "technical, safety, architectural or heritage constraints", in particular "if the installation is likely to aggravate a risk or presents an insurmountable technical difficulty";
- buildings or parts of buildings for which the work cannot be carried out "under economically acceptable conditions".
💡 F or ICPE subject to declaration, registration or authorization for which the obligation would be incompatible with the characteristics of the installationan order must define the cases in which all or part of the obligation is waived or subject to specific implementation conditions.
Obligation to draw up a land valuation plan for companies with more than 250 employees
Article 4 of the ENR law introduces an obligation for companies with more than 250 employees on January 1, 2023 to draw up, by March 10, 2025, a plan to develop their land with a view to producing renewable energies.
This plan must be accompanied by quantitative targets broken down by type of energy production.
Long-term contracts possible for biogas, photovoltaics and wind power
Finally, the law facilitates the signing of direct purchase contracts for renewable electricity or gas between producers and consumers , thanks to the introduction of a specific legal framework and the possibility of including mixed support mechanisms combining a development partnership project (PPA) and public support.
The aim is twofold: to enable the construction or continued operation of renewable capacity, while guaranteeing operators a long-term income, and to secure the supply of green electricity for signatory consumers, particularly industrial customers.
Legislative and regulatory sources
Law no. 2023-175 of March 10, 2023 on accelerating the production of renewable energies
Photo credit: 276818517 @hrui