Renewable Energy Communities are regulated by Article 42-bis of the Milleproroghe Decree 162/2019 (enacted by Law n. 8/2020 of February 28, 2020), which incorporates the European Directive RED II (2018/2001/UE), and by the implementation measures of ARERA (the Regulation Authority for Energy, Networks and Environment) resolution 318/2020/R/eel and the Ministry of Economic Development’s DM 16 September 2020. Legislative decree 199/2021 implemented the RED II European Directive on the promotion of the use of energy from renewable sources, making the requirements concerning the size of the renewable energy plants less stringent and establishing the following criteria (which are expected to enter into force at the end of June 2022): Plants for producing electricity from renewable sources must have an overall capacity of no more than 1 MW and must be connected to the electricity grid through the same primary substation (corresponding to around 3-4 municipalities, or 2-3 neighborhoods in a large city) which serves all the members of the Energy Community (ARERA will establish simplified procedures concerning the primary substation requirement with a consultation document: come back to visit us for updates). Renewable energy plants that are pre-existing as of the date of implementation of Legislative Decree 199/2021 can also join an Energy Community; new Energy Communities may have a maximum of 30% of overall capacity deriving from pre-existing plants.
