Environmental Content of the Sustainable Economy Act.
Wednesday, 02 December 2009 23:00
TITLE III
Environmental Sustainability
CHAPTER I
Sustainable energy model
Article 96. Energy Policy Principles
1. Energy policy will be aimed at ensuring security of supply, economic efficiency and environmental friendliness. In particular, the pattern of energy consumption and generation must be compatible with the commitments made by Spain to reduce greenhouse gases and international efforts to combat climate change.
2. To that effect, this Act sets national targets for savings and participation of various technologies, provides the procedural framework for planning the development of a comprehensive energy model lays the foundation for the development of Savings and Efficiency energy and promote the right conditions for the existence of a competitive energy market.
3. To this end, the Government will promote the diversification of supply sources, the efficient development of infrastructure, transparency and competition in the markets, the adequacy of salaries, the growing integration of renewable energy and conservation and efficiency policies .
Article 97. National Goals for savings and energy efficiency and renewable energy
1. Establishing a national renewable energy target of 20% in the gross final energy consumption in 2020, to be reached with at least 10% renewable energy in transport sector consumption.
2. Likewise, be adopted strategies and actions needed to achieve an overall objective of reducing primary energy demand on the baseline scenario in the absence of active policies and energy efficiency savings, consistent with the objective set for the European Union 20% to 2020 and the objectives of reducing emissions of greenhouse gases made by Spain.
3. The above objectives should guide the design and adoption of public policies and in particular, government incentives for the development of diverse energy sources.
4. To this end, the government will approve national savings schemes and energy efficiency and renewable energy schemes which include measures of guidance and encouragement of energy supply and make possible the fulfillment of the objectives stated in this Law
Article 98. Indicative energy planning: generation
1. The Government, within three months after the entry into force of this Act, the report of the Energy Sector Conference and following the appropriate process of public information, adopt a planning document, setting out a model of energy generation in line with the principles embodied in Article 96.
2. The indicative planning to collect various scenarios on future energy demands on the resources needed to meet it, on the need for new power and, in general, useful forecasts for making investment decisions by private and energy policy decisions, encouraging a proper balance between system efficiency, security of supply and environmental protection.
3. This planning and subsequent action by management of the energy system is targeted towards achieving, under different demand scenarios, the following objectives for 2020:
a) Maximize the participation of renewables in power generation and shopping, particularly in the utility.
b) Reduce the involvement of energy with the greatest potential CO2 emissions in power generation shopping and in particular the electrical
c) Maintain, in accordance with current regulations, the implementation schedule of the 40 year life of the power of existing nuclear power stations, according to its design life, in any case to incorporate those rules meeting environmental requirements specific safety and in cases of extraordinary renewal of concessions over that period, resulting from the development of new technologies for their need to ensure continuity of supply.
d) The participation of the different technologies in the long run tend to reflect the relative competitiveness of these, defined as a comprehensive measure of costs and benefits of each of the technologies we cover, including costs, relating to all generation chain, including environmental costs and intergenerational, and among the benefits, contribution to security of energy supply, including contributions in terms of self-manageability and predictability of the sources.
4 This planning under the Act, authorize public incentives needed to meet the targets set in the previous section, according to the following principles:
a) Ensuring a return on investment in the technologies of special arrangements, encouraging installation volume compatible with the goals of renewable energy schemes,
b) Addressing the learning curves of various technologies to achieve grid parity or competitiveness point to the cost of energy consumption in order to promote technological changes that improve the stability of the energy input to the system electricity by renewable energy.
c) Progressive internalization of the cost to the energy system to ensure the adequacy and stability of supply, as well as greater substitution of technologies that are obsolete, always involving an overall system savings.
d) Prioritization in the incorporation of facilities to incorporate technological innovations, which maximize the efficiency of production, transport and distribution, to provide greater manageability and energy systems that reduce emissions of greenhouse gases, setting in particular its rate of adoption over time.
5. Annually, the Government will submit to Parliament a report monitoring the implementation of the measures established in the planning document. This report will incorporate information on its application, to be supplied by the Autonomous Communities within the scope of its powers.
Article 99. Binding energy planning: Transport network and infrastructure.
1. Planning binding energy networks established in Law 54/1997, dated 27 November, the Electricity Sector and Law 34/1998 of 7 October, the Hydrocarbon Sector, will be made under criteria to help develop an energy system safe, efficient and environmentally friendly.
2. The binding planning be conducted in accordance with the anticipated in the previous article and must be considered in other planning tools.
3. The planning documents are approved by the Council of Ministers and forwarded to Parliament later.
Article 100. Cooperation between government
1. The Energy Sector Conference is the coordinating body between the State and the Autonomous Communities in the preparation, development and implementation of state planning on energy.
2. To this end, the Conference necessarily know of the following actions:
a) Preparation and formulation of national plans and, where appropriate, the plans of the Autonomous Communities in the areas of savings, energy efficiency and renewable energy.
b) Coordination, management and monitoring of implementation by the Autonomous Communities of energy policy as defined in state law and the relevant plans
c) Exchange of information and energy statistics
d) Designing, financing and management of specific projects and activities.
3. The General State Administration and the Autonomous Communities establish frameworks for cooperation and coordination with local governments to achieve their objectives and to implement relevant plans, measures and actions at local level.
Article 101. Promoting R & D in the field of renewable energy and energy efficiency savings and
1. The government, within its competence, shall promote scientific research, technological development and innovation of interest in the field of renewable energy and energy saving and efficiency, promoting the development of those technologies that use clean sources In particular, the capture and storage and clean coal. Also encourage the development of technologies that incorporate increased manageability, innovation and efficiency to the system.
2. The Government will adopt programs and measures to encourage the development of integrated intelligent networking and micro improve and facilitate management of the system, approaching the point of generation of electricity consumption points, incorporating, preferably energy from renewable sources and / or systems of high efficiency cogeneration.
All with the goal of reducing losses in electricity transmission and distribution, improve security, stability and power system performance and increase heat input from renewable sources.
3. The government will approve programs and take steps to encourage the development of electric vehicles, including support measures and demand management and supply and development of the infrastructure needed for recharging.
Article 102. ESCOs
1. Means energy service company for the purpose of this Act that any person or body to provide energy services, as defined in the following paragraph, on the premises or premises of a user and accepts some degree of financial risk in doing .
All this, provided that payment for services rendered is based, either in part or in whole, in achieving energy savings through improvements in energy efficiency and / or use of renewable energy sources in meeting the other agreed performance criteria.
2. The energy service provided by the energy service company will be the utility derived from the incorporation of efficient and / or the use of renewable energy sources. This energy service should be paid based on a contract that will bring energy savings associated with and / or renewable energy supply verifiable, measurable or estimable.
3.The Government will develop a specific plan of momentum to energy service companies will include measures to encourage the creation of these companies will remove barriers and obstacles that may impede their development and build the lines, which enable their activity. This plan will cover, in a particular way, a program of Public Administration.
Article 103. Transparency and information to consumers
1. The Government will establish the necessary tools to ensure users' information on the costs of energy supply model and its composition.
2. Similarly, the government will ensure that consumers have complete, clear and understandable information on energy consumption and environmental impact of products and energy-using equipment they buy so they can incorporate these elements to their consumption decisions .
Article 104. Simplification of administrative procedures
1. The Public Administrations within the scope of their powers, eliminate technical barriers, administrative and market development of renewable energy sources and promoting energy saving and efficiency.
2. The Ministry of Industry, Tourism and Trade draw up a list of procedures and formalities to be followed for the establishment of facilities for the use of energy from renewable sources and high efficiency cogeneration in order to provide guidance to competent authorities for the development of them, and guide developers of such facilities.
3. The procedures and requirements specified in the procedures will be suitable to different technologies, sizes and uses, and taking into consideration response time shortened, with fees and charges low and uniform.
105. Energy savings of Public Administration
1. All Public Authorities in the exercise of their powers embody the principles of saving and energy efficiency and using renewable energy sources among the general principles of their actions and in their recruitment procedures.
2. The General State Administration and its associated public bodies dependent, the managing and common services of Social Security, state trading companies as defined in Law 33/2003 of November 3, Heritage of the Public Administrations, foundations of State public sector defined in Law 50/2002 of 26 December, on Foundations and other legal entities associated with or dependent on the General Administration of the State or its agencies, draw up specific programs and energy efficiency savings and use renewable energy sources that, in general, anticipate meeting the overall objectives to the year 2020, so that, according to the Savings Plan and energy efficiency in 2016 will reach the target of energy savings 20%, compared to baseline scenario in the absence of measures.
Within these programs shall provide the minimum energy rating for meeting the procurement of goods and energy labeling rights and the minimum rating of buildings and vehicles that make up the assets of the Public Administrations.
Article 106. Monitoring
For the proper monitoring and evaluation of compliance with the objectives of this Act, in addition to regular monitoring reports of the various plans and programs every four years will be an evaluation of different planning tools included in this law:
a) The indicative planning model for power generation
b) The binding of infrastructure planning and energy networks.
c) The renewable energy plans;
d) National plans and programs for energy conservation and efficiency
Article 107. Investment depletion factor in the scheme of mining.
Effective for tax periods commencing on or after the entry into force of this Act, the letter f) of Article 99 of the Revised Text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4 / 2004, dated 5 March would read as follows:
â € OEF) Actions included in restoration plans under Royal Decree 975/2009 of 12 June on the management of waste from the extractive industries and the protection and rehabilitation of areas affected by activities mineras.â €??
.
CHAPTER II
Reducing Emissions
Article 108. Emissions reduction target of greenhouse gas
The government will expedite the necessary measures to fulfill the commitments and efforts that apply to Spain as part of the distribution that is agreed in the European Union to achieve the goal of reducing emissions of greenhouse gases in 2020.
Article 109. Enhancing the absorptive capacity of sinks Spanish
1. The government, under the National Climate Council, shall take appropriate action to encourage private sector participation in increasing the carbon sequestration capacity of sinks Spanish. To hear and determine the carbon sequestered by the activities of land use, changing land use and forestry in Spain, the Government, in collaboration with other governments, will design and develop a flexible information system , comprehensive,
accurately and efficiently.
2. Especially, government should encourage the creation of sinks associated with forest use will be assessed from information provided by the National Forest Inventory. This will encourage actions that give value to both the immediate production, as the positive externalities they produce and natural areas, in particular, the following:
a) The forest planning and management through planning and forest management projects.
b) The group of forest owners for forestry development and management units planned.
c) The production and marketing of forest products from farms with sustainable forest management certification and certified products in their production process.
d) Maintenance and improvement of the genetic variability of forest resources.
e) The prevention of forest fires and their impact on the natural heritage and biodiversity.
f) The initiatives and projects aimed at the prevention of forest fires that economic and social grouping, rural residents, businesses and public agencies.
g) The development and use of new technologies for preventing and extinguishing forest fires.
Article 110. Offsetting Emissions
1. Companies and individuals who so wish may offset their CO2 emissions through investments in upgrading and maintenance of forests, agricultural programs to reduce CO2 and other programs established by the General State Administration, in collaboration with the Autonomous Communities.
2. The Ministry of Environment and Rural and Marine Affairs, following a report of the Advisory Council on the Environment and Environment Sector Conference, establish the criteria for compensation, testing and maintenance requirements and associated information, as well as the investments considered for compensation.
3. This compensation is not valid for the purposes of fulfilling the obligation to deliver annual allowances of greenhouse gases under the trading scheme allowances.
However, this compensation may be considered for the purposes of Articles 70 and 103 of Law 30/2007 of 30 December on public sector contracts.
Article 111. Establishment of a Fund for the purchase of carbon credits
1. A Fund that are public, on secondment to the Secretariat of State for Climate Change, in order to generate low-carbon economy and help meet the Kyoto Protocol targets through actions undertaken by Spain national.
2. The Fund will focus on the acquisition of certified emission reductions and emission reduction units from projects undertaken or promoted by companies as part of the flexibility mechanisms of the Kyoto Protocol, aimed at encouraging the participation of Spanish companies in these mechanisms.
3. The Fund may make the acquisition of such loans, the implementation by investment firms in sectors not subject to emission trading.
4. The certified emission reductions and emission reduction units acquired by the Fund shall be constituted and state assets may be sold, particularly if they are unnecessary to meet the reduction commitments of Spain under the Kyoto Protocol, allowing self-financing the Fund.
Article 112. Increased deduction for environmental investments.
Effective for tax periods commencing on or after the entry into force of this Act, the following amendments in the revised text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4 / 2004 of March 5 and in Law 35/2006 of 28 November, the Income Tax of Individuals and the partial amendment of the laws of corporate tax on Non-Resident Income and on Capital:
One Paragraph 1 of Article 39 of the Revised Text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4 / 2004 of March 5, shall read as follows:
1. Investments made in assets of tangible assets for the protection of the environment consisting of facilities to prevent air pollution or noise from industrial plants, or pollution of surface water, groundwater and marine waters, or the reduction, recovery or treatment own industrial waste, provided that you meet the appropriate standards of performance in these areas but are made to improve the requirements of these regulations, shall entitle him to practice a deduction on the full quota of 8 per cent of the investments that are included programs, arrangements or agreements with the competent authority on environmental matters, who shall issue the certificate of accreditation of inversión. »
Two. Paragraph 1 of the tenth additional provision of the Revised Text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4 / 2004 of March 5, shall read as follows:
 "1. Deductions regulated in articles 36, paragraphs 4, 5 and 6 of Article 38, paragraphs 2 and 3 of Article 39, Articles 40 and 43 of this Act, shall be determined by multiplying the percentage of deduction laid down in these articles by the following coefficient :
0.8, in the tax periods commencing on or after 1 January 2007.
0.6, in the tax periods commencing on or after 1 January 2008.
0.4, in the tax periods commencing on or after 1 January 2009.
0.2, in the tax periods commencing on or after 1 January 2010.
The deduction percentage resulting in the unit are rounded superior. »
Three. Paragraph 1 of the twenty-first transitional provision of the Revised Text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4 / 2004 of March 5, shall read as follows:
 "1. The deductions set out in Articles 36, 37, paragraphs 4, 5 and 6 of Article 38, paragraphs 2 and 3 of Article 39, Articles 40 and 43 of this Law, pending application at the beginning of the first tax period from the start 1 January 2011 may be implemented on time and with the requirements of Chapter IV of Title VI of this Act, writing as in force on 31 December 2010. These requirements also apply to consolidate Deductions in tax periods that started before fecha. »
Four. Paragraph 2 of the repealing provision of Law 35/2006 of 28 November, the Income Tax of Individuals and the partial amendment of the laws of the Corporation Tax, Income and Non-Resident Heritage shall read as follows:
 "2. Effective for tax periods that begin after January 1, 2011 are repealed Articles 36, 37, paragraphs 4, 5 and 6 of Article 38, paragraphs 2 and 3 of Article 39, Articles 40 and 43 of the revised text of the Corporation Tax Law, approved by Royal Legislative Decree 4 / 2004 of March 5.
Elektrosol is a veteran business group Renewable Energy. Our goal is to make our customers monetize their investments betting on a cleaner future.
