Published in the Official Gazette, Legislative Decree no. 73 of 14 July 2020 imparts measures to improve energy efficiency for national energy savings and enshrines the European principle that puts energy efficiency in first place.
Among the main innovations:
-upgrading of the Thermal Account with expansion of the incentive measures,
-derogation of regulatory instruments for certain energy requalification interventions
-widening the range of energy savings competing with the achievement of energy efficiency regulatory obligations until 2030.
Energy efficiency, European priority
Agenda 2030, implemented by the Decree, continues the direction initiated by the Paris Agreement (the first universal and legally binding agreement on climate change), moving towards sustainable development, based on 17 objectives, which includes three fundamental elements: economic growth, social inclusion and environmental protection.
New Heat Account
The Conto Termico (Heat Account) encourages measures to increase energy efficiency and the production of thermal energy from renewable sources for small plants. Funds are available for 900 million euros per year, of which 200 million euros for PA.
The novelties of the thermal account aim to incorporate the adjustments and changes in the mechanism in the non-residential civil sector, both public and private, as well as the need to simplify access to the mechanism by public administration and private individuals, including through the promotion and use of EPC-type contracts, and the opportunity to expand the eligible interventions, such as, for example, the connection to efficient district heating and cooling systems and the installation of micro-cogeneration plants".
The update takes into account the provisions of the National Integrated Energy and Climate Plan (PNIEC):
- provide for the inclusion of the upgrading of buildings in the private tertiary sector;
-extend, at no greater cost to the User, the expenditure quota made available to Public Administrations;
-To promote the installation of charging points for electric vehicles.
In some cases of extraordinary maintenance, restoration and building renovation (Art. 13), in order to obtain a reduction in transmittance values as provided for by Legislative Decree no. 192 of 19 August 2005, permission is introduced to derogate "within the framework of the relevant procedures for the issue of housing titles under Title II of the Decree of the President of the Republic of 6 June 2001, n. 380, to what is provided for by national, regional or municipal building regulations, with regard to minimum distances between buildings, minimum distances from property boundaries, minimum protection distances of the road and railway strip, and maximum building heights. Derogations must be exercised in accordance with the minimum distances laid down in the Civil Code'.
These measures, aimed at favouring practices and interventions aimed at energy saving, follow the EU energy-climate objectives, aimed at the decarbonisation of the economy, in a long-term strategy, from now until 2050, and adopted by Italy with the Integrated National Plan for Energy and Climate (PNIEC).
Energy audits are mandatory for large and "energy-intensive" companies with the exception of those "which have adopted ISO 50001-compliant management systems, provided that the management system in question includes an energy audit". Paragraph 3a adds an exception. Large companies with a total annual energy consumption of less than 50 toe are excluded from the obligation to carry out an energy audit (with renewal every 4 years) at national production sites.
Large enterprises and energy-intensive businesses are subject to a financial penalty, imposed by the Ministry of Economic Development, variable
-from 4,000 to 40,000 euros, if they do not carry out the energy diagnosis
-from 2,000 to 20,000 euros, if the diagnosis made does not comply with the requirements.
Legislative Decree 73/2020 adds an additional burden for the offender. In case of ascertained violation, in fact, the Ministry of Economic Development, in addition to the financial penalty, obliges the offender to carry out the energy diagnosis "within ninety days from the date of the immediate complaint or from the date of notification of the assessment report. Once the term of ninety days within which to carry out the diagnosis has expired unsuccessfully, the pecuniary administrative sanction from Euro 1,500 to Euro 15,000 shall be applied".
To download the full text of D.LGS. 73/2020 click here
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