The Renewable Energy Law: Zones for Accelerating Renewable Energy Production
The law on accelerating the production of renewable energies no. 2023-175 of March 10, 2023, aims to encourage and facilitate the deployment of renewable energies across the territory. This new legislation introduces a central measure in territorial planning: the Zones for the Acceleration of Renewable Energy Production (ZAP-ER).
The Zones for the Acceleration of Renewable Energies
The ZAP-ER are political instruments aimed at accelerating the transition to more sustainable energy sources by concentrating the efforts of developing renewable energies in strategic areas. These zones facilitate the planning and implementation process of projects, thus contributing to achieving national clean energy goals. The new article of the Energy Code stipulates that the acceleration zones for the installation of land-based renewable energy production facilities must meet certain conditions. Their objective is to promote solidarity among territories by accelerating the production of renewable energies. To identify these zones, the State must provide municipalities with available information regarding the potential for renewable energy installations. Once the mapping of the acceleration zones is completed, any decision will be based on this map.
The Deployment of Photovoltaics and Agrivoltaics
This new law aims to multiply solar energy production in France to reach over 100 gigawatts by 2050. Thus, even outside of ZAP-ER, outdoor parking areas larger than 1,500 m² will have to install solar canopies over half of their surface, and non-residential buildings larger than 500 m² must integrate renewable energy systems by 2028.
The law also facilitates the installation of solar infrastructure along roads and railways. It exceptionally allows solar projects on designated land after consultation with environmental organizations. Authorization is conditioned on the absence of negative environmental impact, and projects must substantiate general public interest reasons.
For example, a solar power plant project along a highway can be presented as being in the public interest due to its benefits for energy security, reduction of greenhouse gas emissions, creation of local jobs, and promotion of sustainable mobility. These elements demonstrate how a project can be designed to align environmental objectives with the broader economic and social benefits to the community.
The law also encourages electricity production from agrivoltaic installations, defined as installations on agricultural land supporting agricultural activity. To qualify, an installation must ensure a sustainable agricultural income, be reversible, allow agriculture to be the primary activity, and provide at least one specific service to the plot (in addition to producing electricity, the project could offer a specific service such as automated irrigation or environmental monitoring).
The Advantages
In these areas, the maximum review period for renewable energy project applications cannot exceed three months, which can be extended to four months at the discretion of the competent authority. Article 6 of the law aims to simplify administrative procedures for project developers and to coordinate the actions of the services responsible for processing the authorizations. It also aims to provide support to local authorities in their planning for the energy transition. A guarantee fund has been established to compensate for part of the financial losses incurred by renewable energy project developers in the event of a judicial cancellation of an environmental authorization. This measure was adopted to overcome legal uncertainty, considered an obvious hindrance to the development of renewable energy. Article 19 of the law inserts a new Article L. 211-2-1 within the Energy Code, stating that projects for the production of renewable energy installations or energy storage are deemed to meet a major public interest imperative justifying the granting of an exemption from prohibitions against harming protected species, provided they meet conditions set by decree in the Council of State (this may include mitigation measures, compensation, or other actions aimed at minimizing impacts on protected species).
In summary, the Renewable Energy Production Acceleration Zones (ZAP-ER) simplify and accelerate the deployment of renewable energy in France. They reduce administrative procedures, limit project review times, offer financial support, and introduce exemptions for public interest reasons. These measures strengthen the government's commitment to the energy transition by creating a favorable environment for the rapid deployment of projects while preserving the environment.
