Law 7/2024 of 11 December on urgent measures for administrative simplification and rationalisation of the public administration of the Balearic Islands
Published on 21st February 2025
We analyse the main novelties introduced by this regulation and its impact on administrative efficiency in the energy sector and environmental assessment.
The Government of the Balearic Islands, in compliance with the mandate of the European regulator, continues with its policy of eliminating red tapes for citizens and economic operators in their relations with the authorities. Law 7/2024, of 11 December, on urgent measures for administrative simplification and rationalisation of the public administrations of the Balearic Islands, takes over from the homonymous - and repealed - Decree-Law 3/2024, of 24 May, to address this challenge from triple perspective: administrative, documentary and regulatory simplification.
Energy-related measures
According to the new regulation, the transmission and distribution facilities of electricity, along with electric vehicle recharging stations with more than 250 kWp (equal to or greater than 50 kW in Formentera), may apply for recognition of public utility, for the purposes of the declaration of general interest contained in paragraph 2 of Article 24 of Law 6/1997 of 8 July, the rustic land of the Balearic Islands. In these cases, no compensatory payment may be required from the authorities for exceptional uses and developments listed in Article 17 of Law 6/1997.
Regarding said electric vehicle recharging stations, new measures are introduced to boost their development: their location is permitted in residential or equipment areas and on common rural land (provided that it is not expressly prohibited by the corresponding island territorial plan). Similarly, all recharging points, whether publicly or privately owned, with public access, are considered to have a public service function, for the purposes of the direct granting of municipal concessions for the occupation of public domain space. In this sense, electric vehicle recharging stations with public access are considered those located on public roads or which is otherwise accessible to all electric vehicle users, such as public and private car parks, service stations or shopping centres. The owners of said infrastructures registered before 1 October 2024 must communicate, electronically and before 1 April 2025, to the Directorate General responsible for energy the information established by state and regional regulations.
Parking spaces in newly built public and private car parks, above ground and located on urban land, occupying a total area of more than 1,000 square metres, shall be equipped with PV panels for the self-consumption of the car park and associated installations.
In line with the above, the new regulation seeks to promote the penetration of renewables in the Balearic Islands with a package of measures: administrative procedures are streamlined by exempting the following facilities from obtaining prior administrative authorisation and construction permits: (i) isolated electricity generation facilities using renewable energies; (ii) self-consumption facilities without surpluses; (iii) generation facilities connected to the grid with surpluses (we assume the legislator is also referring to self-consumption facilities) and (iv) for small generation facilities which, due to their characteristics, are determined by the Balearic Energy Sector Master Plan.
On the other hand, in new urban development's subject to territorial planning instruments (i.e., sectorial master plans, island territorial plans and municipal planning instruments, as well as any other plan subject to strategic environmental assessment), the municipality will allocate an area of land for the generation of renewable energy. Likewise, for new buildings associated with new urban developments, a collective self-consumption installation, including cabinets for metering equipment, shall be included in the technical project.
As part of the incentive for citizen participation in the development and management of renewable energy systems, a new definition of renewable generation projects with local participation is introduced: those in which it is proven that at least 20% of the ownership of the project or its financing has been offered to natural or legal persons, public or private, from the municipality in which the facilities is to be located and neighbouring municipalities.
Revocation of the Commission for the Environment of the Balearic Islands (CMAIB)
The revocation of the Commission for the Environment of the Balearic, whose competences will be assumed by the General Directorate to be determined organically, in accordance with Article 9 of the Consolidated Text of the Environmental Assessment Law of the Balearic Islands, is endorsed. This measure came into effect on 29 May 2024, having been introduced by Decree-Law 3/2024 of 24 May.
Regarding environmental assessment procedures initiated before that date, a transitional regime is established which stipulates that they will be resolved by the competent General Directorate and not requiring the report of technical committees.
Special attention to those projects subject to Environmental Impact Assessment that are in the process of being processed
The Government of the Balearic Islands, aware of the delays faced by many energy projects when it comes to processing them, it buys them some time by introducing a new period of validity of 6 years for environmental impact statements and reports, starting from their publication in the regional gazette, which can be extended to 9 years. In addition, in cases in which it has not been possible to start the execution of the project or activity on time due to the lack of any of the legally required authorisations —for reasons not attributable to the developer —, a new extension may be granted for a period of two years. Prior request of the promoter to the environmental body accrediting the concurrent circumstances shall be required.
If the environmental impact statement or report ends up losing its validity and ceasing to have any effects, the developer may restart the environmental assessment procedure for the project. In this case, the environmental body, either ex officio or at the request of the developer, shall decide to maintain the acts and procedures whose content would have remained the same if the environmental impact statement or report had not expired.
Should you wish to know more about Law 7/2024 on urgent administrative simplification and rationalisation measures or any other energy issues, please do not hesitate to contact one of our experts listed below or your usual contact at Osborne Clarke.
