There is a working agreement on the windmill law

Another unknown was the distance between the wind farms and the high voltage grid. The bill that was made available makes it clear that the government commissioners for Renewable Energy and Energy Infrastructure have reached a tentative agreement.

We know the distance law amendment bill

The bill to amend the Distance Act, which liberalizes the 10h rule, by handing over decisions to local government authorities, was positively decided by the Cabinet Standing Committee and was considered by the Legal Committee. At the same time, the last draft version was published after the changes. This is the first time that a draft amendment to the distance law has been published after it came under the supervision of the Ministry of Climate and Environment.

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A final problem that required arrangements was the potential impact of wind farms on high voltage power grids. In consultation with the State Commissioner for Strategic Energy Infrastructure, the minimum distance between power plants and grids, equal to or more than three times the maximum rotor diameter including blades (3D distance), or equal to or more than twice the maximum total diameter, has been Introduced through consultation with the State Commissioner for Strategic Energy Infrastructure. The height of the wind farm (distance 2h), specified in the local plan, depending on which of these values ​​​​is greater. For clarity of operation, the draft includes the definition of a high-voltage power network, according to which a high-voltage power line or a high-voltage substation is included in the transmission network.

The above rules should take into account the investments planned, but not yet implemented, which are crucial, for example, for the construction of new transmission lines on the north-south road, the distribution of energy from the north of the country to the south. The base will also include:

– lines and stations included in the local spatial development plan;

– the lines on which at the request of the operator (Polskie Sieci Elektroenergetyczne), an environmental decision or decision has been made, and a decision has been made on the conditions for land development and development;

Lines on which, at the request of the operator (Polskie Sieci Elektroenergetyczne), a decision has been made to determine the strategic location of the investment in the field of transmission networks, or for which the operator has given full notification.

The above details also draw attention to the state of the future high-voltage power networks, which are only at a certain initial stage of administrative actions, which were decisive for the State Commissioner for Strategic Energy Infrastructure, Pyotr Nemsky. The purpose of this provision – according to its creator – is to counteract the negative impact of wind farms on power grids.

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June 21 2022

The most important event in the legal community


Reciprocity, but…

As a rule, the project takes into account the principle of reciprocity with regard to the location of the lines, in the opposite case, when wind farms are at an advanced stage of development. This means that the distance of this grid from the wind farm is equal to or more than three times the maximum diameter of the rotor including the blades, or equal to or more than twice the maximum total height of the wind farm, specified in the local plan or planning permission (construction conditions), Accordingly, which of these values ​​is greater. On Monday, June 13, Irinos Zyska, Deputy Minister for Climate and Environment, State Commissioner for Renewable Energy, announced that the principle of distance between the windmill and the grid is to work in both directions. This means that the design of the grid paths must take into account the existing wind farms. We must respect acquired rights. At the same time, we are talking about a distance of about 300 meters, that is, the principle of 3D / 2H – he said.

The draft also includes some exceptions in favor of the operator (PSE). If the maximum rotor diameter with blades or maximum overall wind farm height is not specified in the local plan or WZ decision, the operator (PSE) indicates distances above the wind farm’s electric power grid.

There may also be exceptions to this rule in favor of the line. In particularly justified cases, in the case of the site, construction or reconstruction of the top of the electric power grid, at the request of the operator, the distance of the grid from the wind farm may be shorter than the distance of 3D or 2H. The above application shall contain a justification that the minimum distance should not be observed and an indication of the distance above the electrical power grid from the wind farm.

A preliminary agreement on the above principles in the modus operandi has already been agreed – as evidenced by the documents – between the Deputy Minister of Climate and Environment, the Government’s Commissioner for Renewable Energy, Ireneos Zyska, and the Governmental Commissioner for Strategic Energy. Infrastructure, Piotr Naimski. After obtaining the approval of the Legal Affairs Committee, the draft will be submitted to the Cabinet on June 21 or 28, and then to the House of Representatives.

10h to change

The 10H rule (10 times the height of the windmill), introduced in 2016 by law (the so-called act of distance), requires that the distance between buildings and the windmill be equal to at least ten times their height. The enactment of this law halted the development of onshore wind farms for six years, which prior to the entry into force of these provisions had not had any valid site decisions. As part of the implementation of the country’s energy policy until 2040 and the so-called Milestones of the National Reconstruction Plan, it will be possible to build wind farms at a distance of at least 500 meters from the buildings, if, after consultations and analyzes, the municipality agrees, at a distance shorter than 10h. The liberalization of the 10H principle will also enable the development of apartment buildings in rural areas, which are surrounded by windmills. The location of the house will be possible provided that a distance of at least 500 meters is maintained. The final decision in this regard will be made by the municipal council.

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