“INTELLIGENT ENERGY-EURO PE” PRO GRAM M E

PLAN

“Key Issues for Renewable Heat in Europe K4RES-H”

Results of the study on the procedure for implementation and problems concerning the Bylaw for Solar Thermal use by the M adrid Town Council.

July 2006

IND EX

1. INTROD UCTION

2. LOCA L G OVERNM ENT’S ROLE A ND SOLA R TH ERM A L ENERG Y

3. CH OICE OF A BY-LA W FOR STUD Y

4. SCENA RIO W H ERE TH E M A D RID D ISTRICT SOLA R BYLA W IS IN PLA CE

5. ID A E PA RTICIPA TION IN TH E W ORKING G ROUP TO D EVELOP TH E BYLA W

6. CONTENT OF TH E BYLA W BY A RTICLE

7. IM PLEM ENTA TION PROCESS A ND D EVELOPM ENT OF TH E BYLA W

8. RESULTS

9. CONCLUSIONS

10. TH E BUILD ING TECH NICA L COD E A ND TH E BA SIC REQ UIREM ENT H E4: M INIM UM SOLA R CONTRIBUTION OF SA NITA RY H OT W A TER A ND CLIM A TE-CONTROL FOR SW IM M ING POOLS

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1. INTROD UCTION

The need to conserve the environment and ensure , forces the promotion of effective formulae for efficient use of energy and the use of clean sources. Therefore the substantial growth of renewable sources, together with a major improvement in energy efficiency is a response to an economic, social and environmental strategy, apart from being fundamental to compliance with international undertakings in environmental matters.

In 1999, with all this in mind, the Plan for the Promotion of Renewable Energies (PFER) in Spain (2000-2010) was approved, with a target for 12% of primary energy consumed to come from sources by 2010, in accordance with a savings scenario with which these targets are associated for the general evolution of energy.

However, since this plan was approved and up to the end of 2004, the overall consumption of renewable energy in Spain has increased significantly, although not enough to reach the targets set.

O n the other hand, during these years, consumption of primary energy has grown significantly more than had been envisaged, for the most part prompted by major growth in demand for electricity and consumption of fuel for transport. This growth is way above the desirable level and also indirectly impedes the ability to meet the target relative to covering the demand with renewable resources, by the increase in the burden of primary demand which must be met by these resources.

In addition the new environmental undertakings and the fight against climate change must also be taken into consideration, constituting a political priority in environmental matters, both for the European Union as well as for Spain, and as such form part of the corresponding Strategies for Sustainable Development. In this context, the EC Directive 87/2003 modified by EC Directive 101/2004, establishes a scheme for greenhouse gas in the Community. This trading in Spain has been regulated through Royal Decree-Law 5/2004 on the above-mentioned National Action Plan 2005-2007, and more recently through Act 1 of 9th M arch 2005.

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As a consequence, in 2004 and in view of the new scenario, work on revising the existing Plan was started, with a view to approving a new Plan in line with the current situation. So, the Renewable Energy Plan (2005-2010) (PER) was approved in August 2005, updating the energy, economic and technical scenario and keeping to the targets set for the year 2010 of 12% of primary energy consumption. This target is spread over the different renewable energies, based on the current situation and on potential natural resources.

The Renewable Energy Plan (PER) specifically for solar thermal energy sets the target of 4.9 million square metres of solar collectors for sanitary hot water to be installed mainly in residential buildings, although also in hotels, residences, sports complexes or for the heating of swimming pools. This target from the 1999 Plan has been upheld.

This target for solar thermal energy both in the old Plan as well as in the new was and is related to a set of measures linked to achieving the target. O ne of the measures is to bring solar thermal energy closer to the general public by town councils approving solar by-laws to force the installation of solar thermal energy in buildings of new construction, modification of General Urban Planning Laws and in general through any initiative that increases in buildings.

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2. LO CAL GO VERNM ENT’S RO LE AND SO LAR THERM AL ENERGY

In general, renewable energies are sources of energy that contribute to a reduction in dependence on imported energy and that are non-polluting. Depending on the type of resources we have, how they are used and the scale of use, defines whether it is appropriate to install one type of energy or another.

M ore specifically, low-temperature solar thermal energy is an energy source that has traditionally been used at source, being very closely associated with the residential sector and to a lesser degree with industrial processes.

Contaminating emissions of fossil fuels in cities have a greater impact on human activity, and use of solar energy will enable a reduction of these emissions from traditional systems.

In Spain, it is the Town Councils that have the most dealings with the general public, and with whom there is more contact and confidence. Therefore, combined with the fact that low temperature thermal energy is very suitable for the residential sector, these Councils form a strong pillar of support for the development of solar thermal energy in Spain.

Nevertheless, and since the approval of the above-mentioned Promotion Plan (PFER), many Councils have already become aware of the important work they can do to contribute to energy diversification and avoid contaminating emissions, with the positive advantages this brings to their town, since the more solar thermal energy that is installed, the lower the use of fossil fuels and the lower the contamination. In some cities this contamination poses a real health problem.

Following this philosophy IDAE, in collaboration with the Federación Española de M unicipios y Provincias (FEM P) [Spanish Federation of Towns and Provinces] has prepared a document summarising the legal foundations on which initiatives of this kind are to be based and proposing -plate language for Solar By-laws for thermal uses, which is of a general and open nature, and that should be developed and completed in each case based on each town’s characteristics.

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IDAE decided to carry out this study due to the legal doubt about the councils’ ability to legislate on energy issues if this competence had not been afforded to them by a higher level law.

The result of this legal study gave confirmation that local councils do have competence to legislate on energy matters, provided this implies an improvement to and protection of the environment. Nevertheless, this competence has been strengthened by approval of the Ley de O rdenación de la Edificación [Building Regulation Act].

Thus, as with the above-mentioned Plan (PFER 2000-2010), the Renewable Energies Plan 2005-2010 supports closer relationship and confidence with the general public by setting out a set of measures with local government as the main player (Application of the Technical Buildings Code, promotion of General Urban Planning Laws that from the outset take account of solar thermal energy, escalation of approval of M unicipal Solar By-laws, training of local technicians… ).

The Technical Buildings Code (CTE), approved by Royal Decree 314 of 2006 (published in the State Bulletin on 28/03/06) is the normative framework establishing the conditions which buildings must meet in terms of basic safety and habitability requirements set by the Building Regulations act (LO E). This document groups all the existing regulations on building and includes some new requirements.

The stipulations to develop the Act’s objectives and its basic requirements have been established in the Code, which are supported by the Implementation Documents (DAC), drafted as technical regulations containing verification methods or acceptable solutions, that are acknowledged as a means to enable prediction of meeting the demands in projects and developments, whilst leaving the possibility open to propose other different means to meet them as an alternative to those established.

Section HE-4 of the document Energy Savings entitled “M inimum solar contribution for sanitary hot water and in swimming pools”, establishes the requirement for installing solar thermal energy for the production of sanitary hot water and climate-control for swimming pools in new buildings or for refurbishment thereof. This requirement assumes a

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minimum percentage of solar energy for the demand for sanitary hot water and climate-control, according to the area of Spain in which one finds oneself. This minimum requirement may be increased by the Town Councils.

There are now several Town Councils that have tried out new ideas and gone into the local legislation aspect in depth. Accordingly, apart from publishing the solar by-law for thermal uses, they have set up incentives in their General Urban Planning Regulations to increase the land available for building for those buildings where solar energy is to be installed. O ther Councils have set up bioclimatic bylaws which not only take account of active solar energy, but they have also legislated on passive solar aspects (street design, building orientation, etc). This is aimed at incorporating all those aspects where solar energy can have an impact on the building.

Training of local experts is an extremely important task related to the success of the requirement to comply with the Technical Buildings Code and the M unicipal Solar Bylaws. These people will be responsible for ensuring compliance with the requirement and they will also have to be sufficiently trained in order to ensure the success of those measures considered by the Renewable Energy Plan for 2005-2010 (PER).

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3. CH OICE OF TH E BYLA W TO STUD Y

Approval of bylaws for solar capture for thermal uses has been taking place in Spain since 1999, resulting in the proposals by the Town Councils of Sant Joan Despí and Barcelona.

Starting with these proposals in June 2001, IDAE published its study on the Town Councils competence to legislate on environmental matters, and the Regulation M odel for capture for thermal uses. This M odel must be adapted to each town council.

The Regulation M odel has a lot of similarities with the bylaw prepared by Barcelona and Sant Joan Despí in 1999.

IDAE signed a collaboration agreement with the M adrid Town Council in 2002 for advice on the drafting of a Solar Bylaw for thermal uses. The technical part of this bylaw was written in coordination with the solar energy requirement in the Technical Building Code. IDAE had been working with the M inisterio de Fom ento y M inisterio de la Vivienda [M inistry of Development and the Housing M inistry] on the drafting of this requirement since 2001.

O n the other hand, without a collaboration agreement in place, IDAE provides advice by telephone, or through meetings, to Town Councils who seek assistance on how to approach and adapt the regulation model to their district.

Following a great deal of hard work on gathering information in recent years, IDAE is aware of 64 bylaws having been approved (as at 30/06/05), and is aware of the content of the majority of them.

O nce the bylaws have been drafted and agreed with the employees who may be dealing with them in the town they are then published, opening a period of public consultation, during which time some proposed regulations disappear due to political changes in the town council, by pressure from the construction sector, for lack of firm political commitment, etc.

In the map shown below, one can see from where the information was gathered and its geographic location. Note that there are several groups with

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a high number of towns with the bylaws approved, which come within two major Spanish cities.

Burgos Pamplona La G arriga Cardedeu Camargo Soria Barberá del Vallés M ontcada i Reixac Terrasa Parafrugell Sant Cugat del Vallés Olesa de M ontserrat Fortia Vigo Barcelona L’H ospitalet de Llobregat Esplugues de Llobregat Sant Joan D espí Altafulla Sabadell M adrid Cambrils G ranollers G etafe Torredembarra Cornellá de Llobregat Rivas-Vaciamadrid Badalona Pallaresos Soto del Real Sant Boide Llobregat SS de los Reyes Abrera Tres Cantos Villafranca del Penedès San M artín de la Vega M artorel Torrejón de Velasco Eivissa H oyo de M anzanares G avà Valencia Santa Coloma de Cervelló San Fernando de H enares Silla Sant Feliu de Llobregat Puig Cerdanyola del Vallès Sevilla Beneixida Sant Just Desvern Castellde Castells M anresa A lcalá de los G azules Onil Bigastro Vic Finesfrat Fuengirola G ranada Peligros Puebla de D on Fadrique

IDAE. O wn draft June 2006 Although the number of bylaws is high, we have two significant philosophies in Spain regarding the structure, content and minimum contribution required: - Those that follow the Barcelona and Sant Joan Despí Bylaw philosophy - Those that follow the M adrid Bylaw philosophy Type of Bylaw Principal characteristics - Same minimum contribution irrespective of the building’s consumption. Barcelona (that approved in 1999) - Contribution required from minimum and Sant Joan Despí energy consumption.

- Design temperature 45 ºC. - No minimum requirements. - M inimum contribution divided by phases based on consumption. - Required contribution from 0 litres of consumption. - Design temperature 60 ºC M adrid - Technical requirements within the bylaw annexe. - Recommends making installations in accordance with IDAE Technical Specifications.

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Some tables are shown below giving the break-down of the 10 most important aspects of the bylaws studied. The intention was for this sample to be consistent with the trend in the drafting of existing bylaws, and those which are currently being done in Spain.

The existence of two philosophies has been observed, as previously explained, regarding the structure, content and minimum contribution required by the existing bylaws, and those which are being drafted in Spain.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN Applies to cases where the following circumstances occur together: 1. Completion of new buildings or Homes, residential, health, constructions, restoration or full sports, commercial, To regulate the refurbishment and/or change in use of the industrial, if hot water is installation of systems whole of the existing buildings or required for its operation 2/3rds of O fficial for the capture and use constructions, both under public ownership and when the installation of demand for DHW Bulletin of of active solar energy at as well as private. Independent buildings showers for staff is for the building. Seville the Province low-temperature for the forming part of a complex are included. required. Any other use (Seville) of Seville purpose of producing involving the existence of Up to 80% for No.154 sanitary hot water in 2. When it involves residential buildings with communal dining rooms, buildings 05/07/02 buildings and any number of homes or buildings or kitchens or laundries The designed by the constructions located in constructions for other uses in which the bylaw will be applied to Town Council the municipal district. annual consumption of hot water is greater water heating equipment than 100 m3, that has been calculated in for swimming pools of any accordance with criteria established by a type and size. bylaw point.

PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases where the following circumstances Homes, residential, (including inns occur together: and prisons), health, sports, 1. Completion of new buildings or To regulate the commercial, industrial, if hot water constructions, restoration or full installation of is required for its operation and when refurbishment and/or change in use systems for the the installation of showers for staff is O fficial of the whole of the existing buildings capture and use of required. Any other use involving the Bulletin of or constructions, both under public 60% for DHW active solar energy at existence of communal dining rooms, Barcelona the Province ownership as well as private. and for climate- low-temperature to kitchens or laundries. (Barcelona) of Barcelona Independent buildings forming part control of produce sanitary hot Equipment for water heating in No.181 of a complex are included. swimming pools. water in buildings indoor and climate-controlled 30/07/1999 and constructions swimming pools in those cases where 2. When a daily energy requirement located in the the volume of water is greater than is envisaged for sanitary hot water of municipal district 100m3. Heating of open-air pools is greater than 292 M J net calculated only permitted by the use of solar on average annual use. energy.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases Homes, residential, (including where the following circumstances inns and prisons), health, occur together: sports, commercial, referring 1. Completion of new buildings or only to establishments subject constructions, restoration or full to a trading licence regulated To regulate the installation refurbishment and/or change in by the Territorial Plan for the of systems for the capture use of the whole of the existing Commercial Equipment Sector O fficial buildings or constructions, both and in general if water is heated and use of active solar 60% for DHW Bulletin of under public ownership as well as for some type of service. energy at low-temperature Cardedeu the Province private. Independent buildings Industrial, if hot water is and for climate- to produce sanitary hot forming part of a complex are required for its operation and (Barcelona) of Barcelona control of water and heating of indoor included. when the installation of showers No 143 swimming pools in buildings for staff is required. Any other swimming pools. 15/06/2002 use involving the existence of and constructions located communal dining rooms, within the municipal district. kitchens or laundries. Equipment for water heating in indoor and climate-controlled swimming pools in those cases where the volume of water is greater than 100m3.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases where the following Homes, residential, health and circumstances occur together: welfare, sport, commercial, 1. Completion of new buildings referring only to bar- or constructions, restoration or restaurant establishments, To regulate the installation full refurbishment and/or change industrial, if hot water is of systems for the capture in use of the whole of the required for its operation and O fficial and use of active solar existing buildings or when the installation of 60% for DHW Esplugues de Bulletin of the Province energy at low-temperature constructions, both under public showers for staff is required. and for climate- Llobregat of Barcelona to produce sanitary hot ownership as well as private. Any other use involving the control of (Barcelona) No 267 water in buildings and Independent buildings forming existence of communal dining swimming pools. 07/11/2001 constructions located within part of a complex are included. rooms, kitchens or laundries. the municipal district. 2. When a daily energy Equipment for water heating requirement is envisaged for in indoor, climate-controlled sanitary hot water of greater swimming pools in those cases than 20 M J net calculated on where the volume of water is average annual use. greater than 100m3.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases where the following

circumstances occur together: Homes, residential, health, 1. Completion of new buildings sport, commercial, industrial, or constructions, restoration or if hot water is required for its To regulate the installation full refurbishment and/or change operation and when the of systems for the capture in use of the whole of the installation of showers for O fficial and use of active solar existing buildings or staff is required. Any other 60% for DHW M ontcada i Bulletin of constructions, both under public the Province energy at low-temperature use involving the existence of and for climate- Reixac of Barcelona to produce sanitary hot ownership as well as private. communal dining rooms, control of (Barcelona) No 272 water in buildings and Independent buildings forming kitchens or laundries. swimming pools. 13/11/2000 constructions located within part of a complex are included. Equipment for water heating the municipal district. 2. When a daily energy in indoor, climate-controlled requirement is envisaged for swimming pools in those cases sanitary hot water of greater where the volume of water is than 292 M J net calculated on greater than 100m3. average annual use.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases where the following circumstances occur together: Homes, hotels, educational 1. Completion of new buildings centres, health, sport, To regulate the installation or constructions, restoration or commercial, industrial, if hot of systems for the capture full refurbishment and/or change water is required for its and use of active solar in use of the whole of the operation and when the O fficial energy at low-temperature existing buildings or installation of showers for 60% for DHW Sant Cugat del Bulletin of the Province to produce sanitary hot constructions, both under public staff is required. Any other and for climate- Valles of Barcelona water and heating of indoor ownership as well as private. use involving consumption of control of (Barcelona) No 261 swimming pools in buildings Independent buildings forming sanitary hot water. Equipment swimming pools. 31/10/2002 and constructions located part of a complex are included. for water heating in indoor, within the municipal 2. When a daily energy climate-controlled swimming district. requirement is envisaged for pools in those cases where the sanitary hot water of greater volume of water is greater than 160 M J net calculated on than 100m3. average annual use.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN This Bylaw applies to those cases where the following circumstances occur together: Homes, residential, health, 1. Completion of new buildings or sport, commercial, industrial, constructions, restoration or full if hot water is required for its To regulate the installation refurbishment and/or change in operation and when the of systems for the capture use of the whole of the existing installation of showers for O fficial and use of active solar buildings or constructions, both staff is required. Any other 60% for DHW Bulletin of energy at low-temperature under public ownership as well as Sant Joan Despi the Province use involving the existence of and for climate- to produce sanitary hot private. Independent buildings (Barcelona) of Barcelona communal dining rooms, control of water in buildings and forming part of a complex are No 271 kitchens or laundries. swimming pools. 11/11/1999 constructions located included. Equipment for water heating within the municipal 2. When a daily energy in indoor, climate-controlled district. requirement is envisaged for swimming pools in those cases sanitary hot water of greater where the volume of water is than 21 M J net calculated on greater than 100m3. average annual use.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN

To regulate the compulsory installation of systems for the Homes of all types and capture and use of categories, public service and active solar energy at New construction works, government buildings, O fficial low-temperature to substitution, general or total Between 60% and educational, cultural, health Bulletin of produce sanitary hot rebuilding of existing buildings, as 75% for DHW, and welfare, sport, lodging, M adrid the M adrid water and heating of well as extension works which in depending on the commercial, offices, (M adrid) Region indoor swimming pools itself implies the new construction demand for DHW. recreational, industrial and any No.109 in buildings and of an independent building within 60% for swimming other use that implies the use of 09/05/2003 constructions located the same plot of land. pools sanitary hot water. within the municipal Indoor swimming pools district and which meet irrespective of their volume. the conditions established in the regulations.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN To regulate the Homes of all types and compulsory installation of systems New construction works, categories, public service and for the capture and substitution, general or total government buildings, Between 60% O fficial use of active solar energy at low- rebuilding of existing buildings, educational, cultural, health and 75% for Bulletin of temperature to as well as extension works which and welfare, sport, lodging, DHW, depending Getafe the M adrid produce sanitary hot water and heating of in itself implies the new commercial, offices, on the demand (M adrid) Region indoor swimming construction of an independent recreational, industrial and for DHW. No.154 pools in buildings and constructions located building within the same plot of any other use that implies the 60% for 30/06/2005 within the municipal land. use of sanitary hot water. swimming pools district and which meet the conditions Indoor swimming pools established in the irrespective of its volume. regulations.

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PUBLISH ED TOW N CONTRIBUTIONS OFFICIAL OBJECTIVE BUILD ING S AFFECTED USES A FFECTED (Province) REQ UIRED BULLETIN

To regulate the compulsory installation of systems for the capture and Homes of all types and use of active solar categories, public service and New construction works, energy at low- government buildings, Between 60% O fficial substitution, general or total temperature to educational, cultural, health and 75% for Bulletin of the rebuilding of existing buildings, as San Sebastián produce sanitary hot and welfare, sport, lodging, DHW, depending M adrid Region well as extension works which in de los Reyes water and heating of commercial, offices, on the demand No. itself implies the new construction (M adrid) indoor swimming recreational, industrial and any for DHW water. 21 of an independent building within pools in buildings and other use that implies the use of 60% for 26/01/2005 the same plot of land. constructions located sanitary hot water. swimming pools

within the municipal Indoor swimming pools district and which irrespective of its volume. meet the conditions established in the regulations.

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Having studied the main structure of more than 30 bylaws, it was decided to study a Bylaw with the same type of structure as that of M adrid since such bylaws have the following advantages:

Reproducibility

Bylaw structures based on the Technical Building Code and the Bylaw M odel published by IDAE. These are easily reproduced and are not obsolete, even though they may have been approved before the Technical Building Code.

Technical Characteristics

Bylaw structures which include and/or recommend technical characteristics and/or IDAE Technical Specifications.

And in particular, M adrid’s Bylaw was chosen to be studied as:

- The first to be published with this type of structure. - As it has had advice from IDAE and can therefore contribute more information from their experience. - From an architectural point of view, M adrid is a very varied city, with historic buildings, old buildings for refurbishment and areas in full expansion phase which must meet the requirements from the outset. - A very go-ahead city in the construction sector. - Its council is divided up into districts and has a complex system of operation. - To study the approval of the bylaw in a town council under very strong pressure (political, constructive, etc.). - It is a city which could be a model for other Town Councils with the same conditions.

In addition, for information purposes, a table is provided with details of the O fficial Bulletins where the bylaws have been published as recorded by IDAE. Nevertheless, more bylaws have been approved, but information on which Bulletin they have been published is being researched.

BULLETIN A ND D A TE OF PROVINCE TOW N PUBLICA TION

O fficial Bulletin of the Province of Alicante Castell de Castells Alicante No. 231 07/10/2002 O fficial Bulletin of the Province of Alicante O nil Alicante No.139 19/06/2001 O fficial Bulletin of the Province of Alicante Bigastro Alicante No.90 de 23/04/2005

Alicante Finesfrat O fficial Journal of the Province of Alicante No. 90 de 20/04/04 O fficial Bulletin of the Province of Barcelona Barberá del Vallés Barcelona No. 69 de 21/03/2003

O fficial Bulletin of the Province of Barcelona Barcelona Barcelona No. 81 30/07/1999 No. 63 16/03/2006

O fficial Bulletin of the Province of Barcelona Cardedeu Barcelona No. 143 15/06/2002

O fficial Bulletin of the Province of Barcelona Esplugues de Llobregat Barcelona No. 267 7/11/2001

O fficial Bulletin of the Province of Barcelona La Garriga Barcelona No. 61 12/03/2003 O fficial Bulletin of the Province of Barcelona L'Hospitalet de Llobregat Barcelona No. 67 19/03/2003 O fficial Bulletin of the Province of Barcelona M ontcada i Reixac Barcelona No. 272 13/11/2000 O fficial Bulletin of the Province of Barcelona O lesa de M ontserrat Barcelona No. 86 10/04/2003 O fficial Bulletin of the Province of Barcelona Sant Cugat del Valles Barcelona No. 261 31/10/2002 O fficial Bulletin of the Province of Barcelona Sant Joan Despi Barcelona No. 271 11/11/1999

O fficial Bulletin of the Province of Barcelona Terrasa Barcelona No. 69 21/03/2002

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BULLETIN A ND D A TE OF PROVINCE TOW N PUBLICA TION

O fficial Bulletin of the Province of Barcelona Vic Barcelona No. 282 25/11/2003

O fficial Bulletin of the Province of Barcelona Granollers Barcelona No. 138 10/06/2003 O fficial Bulletin of the Province of Barcelona Cornellá de Llobregat Barcelona No. 183 01/08/2003

O fficial Bulletin of the Province of Barcelona Badalona Barcelona No. 276 18/11/2003

O fficial Bulletin of the Province of Barcelona Abrera Barcelona No. 96 21/04/2004

O fficial Bulletin of the Province of Barcelona Sabadell Barcelona No. 140 11/06/2004

O fficial Bulletin of the Province of Barcelona Vilafranca del Penedes Barcelona No. 163 08/07/2004

O fficial Bulletin of the Province of Barcelona M artorell Barcelona No. 185 03/08/2004

O fficial Bulletin of the Province of Barcelona Gava Barcelona No. 193 12/08/2004

O fficial Bulletin of the Province of Barcelona Santa Coloma de Cervelló Barcelona No. 227 21/09/2004

O fficial Bulletin of the Province of Barcelona Sant Feliu de Llobregat Barcelona No. 237 02/10/2004

O fficial Bulletin of the Province of Barcelona Cerdanyola del Valles Barcelona No. 253/1 21/10/2004

O fficial Bulletin of the Province of Barcelona Sant Just Desvern Barcelona No. 255 23/10/2004

O fficial Bulletin of the Province of Barcelona M anresa Barcelona No. 296 10/12/2004

O fficial Bulletin of the Province of Burgos Burgos Burgos No. 83 06/05/2003 O fficial Bulletin of the Province of Cadiz Rota Cádiz No. 127 04/06/2002 O fficial Bulletin of the Province of Cádiz Alcalá de los Gazules Cádiz No. 19 25/01/2005

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PROVINCE TOW N BULLETIN A ND D A TE OF PUBLICA TION

Cádiz Rota O fficial Bulletin of the Province of Cádiz No. 127 25/01/2005 O fficial Bulletin of the City of Ceuta Ceuta Ceuta No. 4.198 11/03/2003 O fficial Bulletin of the Province of Gerona Fortia Gerona No. 180 16/09/2004

O fficial Bulletin of the Province of Gerona Palafrugell Gerona No. 167 /08/2002

O fficial Bulletin of the Province of Granada Puebla Don Fadrique Granada No. 155 09/07/2002 O fficial Bulletin of the Province of Granada Granada Granada No. 8 13/01/2003 O fficial Bulletin of the Province of Granada Granada Granada No. 8 13/01/03 O fficial Bulletin of the M adrid M adrid M adrid Region No. 109 09/05/2003 O fficial Bulletin of the M adrid M adrid Soto del Real Region No. 47 30/01/2003 O fficial Bulletin of the M adrid M adrid Getafe Region No. 154 30/06/2004 O fficial Bulletin of the M adrid M adrid Tres Cantos Region No. 26 01/02/2005

O fficial Bulletin of the M adrid M adrid San Sebastián de los Reyes Region No. 21 26/01/2005

O fficial Bulletin of the M adrid M adrid Rivas-Vaciamadrid Region No. 207 31/08/2004

O fficial Bulletin of the M adrid M adrid San M artín de la Vega Region No. 97 25/04/2005

O fficial Bulletin of the M adrid M adrid Hoyo de M anzanares Region No. 201 24/02/2006

O fficial Bulletin of the M adrid M adrid San Fernando de Henares Region No. 263 04/11/2005

O fficial Bulletin of the M adrid M adrid Torrejón de Velasco Region No. 18 22/01/2004

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BULLETIN A ND D A TE OF PROVINCE TOW N PUBLICA TION

O fficial Bulletin of the Province of M alága Fuengirola M álaga No. 13 21/01/2003

O fficial Bulletin of the Province of Navarra Pamplona Navarra No. 140 03/11/2003

O fficial Bulletin of the Balearic Palma de M allorca Ibiza Islands No. 143 29/11/2001

O fficial Bulletin of the Pontevedra Pontevedra Vigo No. 7 11/1/06 O fficial Bulletin of the Cantabría Santander Camargo No. 55 21/03/2005 O fficial Bulletin of the Province of Sevilla Sevilla Seville No. 154 05/07/2002

O fficial Bulletin of the Province of Soria Soria Soria No. 14 3/02/06

O fficial Bulletin of the Province of Tarragona Torredembarra Tarragona No. 195 25/08/2003

O fficial Bulletin of the Province of Tarragona Cambrils Tarragona No. 26 02/02/2004

O fficial Bulletin of the Province of Tarragona Pallaresos Tarragona No. 284 12/12/2003

O fficial Journal of the Autonomous Tarragona Altafulla Government of Catalonia No. 4037 de 24/12/03

O fficial Bulletin of the Province of Valencia Valencia Valencia No. 66 19/03/2005

O fficial Bulletin of the Province of Valencia Silla Valencia No. 251 21/10/2004

O fficial Bulletin of the Province of Valencia Puig Valencia No. 311 31/12/2005

O fficial Bulletin of the Province of Valencia Beneixira Valencia No. 242 11/10/2004

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4. SCENA RIO W H ERE TH E M A D RID D ISTRICT SOLA R BYLA W IS IN PLA CE

In spite of occupying a tiny part of the national territory (1.6%) and 13.3% of the population, the M adrid Region contributes around one sixth of the GDP, and also has the highest GDP per head in Spain with 133.2% of the national average and slightly above the European average.

In recent years, and in line with the rest of the regions, the M adrid economy has maintained gradual but steady growth. The intense business activity that is typical of the region, together with its high density of population and limited ability to generate energy, means that the M adrid Region is an enormous drain on energy resources, with end-use fuel consumption of 10.2 million TPE and maintaining a marked increase in recent years.

The municipal district of M adrid is the largest in the whole Region with 53% of the population (Statistics by the Autonomous Region of M adrid 2004) and with significant consumption of electricity and fossil fuels. Also, the municipal district of M adrid is on many occasions the role model for the surrounding towns that make up 40% of the population. Therefore, the requirement for a solar bylaw for the M adrid municipal district is a positive element, not only for this district, but also for other towns in the metropolitan belt and in the Region which are in the process of full urban development.

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5. ID A E PA RTICIPA TION IN TH E W ORKING G ROUP TO D EVELOP TH E BYLA W

With the publication of the Proposed M odel for the M unicipal Bylaw for Solar Capture for Thermal Uses, which was edited and distributed by the IDAE and then FEM P [Spanish Federation of Towns and Provinces], several town councils expressed their interest, amongst them M adrid, to develop a M odel Bylaw for implementation in their towns.

Consequently the M adrid Town Council and IDAE signed a framework agreement in April 2002 for collaboration indicating that the M adrid Town Council considered it necessary to give impetus to a new model for managing energy in the city of M adrid. This model should enable the promotion of energy efficiency and the implementation of renewable energies within the framework of a that is more respectful of the environment and the use of resources.

In this agreement, both parties undertake to collaborate in the identification, feasibility evaluation and, if appropriate, the carrying out of activities leading to the achievement of increasing energy efficiency, to reduce fuel consumption and implement systems for exploitation of renewable energy sources in the whole of the city of M adrid.

Following this philosophy and coming under the framework agreement, a specific agreement was signed in 2002 whereby the Town Council expressed its interest and commitment to develop and approve a M unicipal Solar Bylaw for thermal uses, based on the Proposed M odel for the M unicipal Bylaw for Solar Capture for Thermal Uses, edited and distributed by the IDAE. IDAE will form part of the working group to draft the bylaw, together with experts from the Town Council.

The Working Group would be responsible for adapting the Proposed M odel for the Bylaw to the particular circumstances of the M adrid district, and to propose the accompanying measures, that, if appropriate, are necessary to successfully implement the Bylaw. It will also be responsible for modification of the regulations for urban development and for the buildings affected, general public awareness campaigns and interested sectors, and for setting the deadline for its coming into force, amongst others.

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The Solar Bylaw for Thermal Uses was instigated by the Concejalía de M edio Am biente [Department of the Environment] and the working group formed, on behalf of the Town Council by experts from the Town Planning and Environment Departments, and on behalf of IDAE by experts from Solar and Promotion of Government Departments

Using the bylaw model published by IDAE as a starting point, a solar bylaw adapted for the M adrid district was developed. IDAE proposed and advised the Town council on the technical sections of the Bylaw, based on their experience gathered in the design and management of installations.

The M adrid bylaw sets out some different ideas from the bylaws already published, and the scope and focus given to some of the articles was very similar to that contained in the solar thermal energy section (HE-4) in the Technical Building Code. Thus, the Bylaw for capture of solar energy for thermal uses has not had to be changed, neither has it become out of step with the publication of the Technical Building Code.

Whenever the working group has drafted and agreed on a text, this is then referred to the legal department for them to issue the appropriate report.

Having passed through this process, it was sent to the different representatives/organisations involved so that they could formulate their arguments and considerations:

- Town council political groups.

- Professional Associations: Architects, O n-Site Architects, Industrial Engineers, Property M anagers.

- Professional associations in the plumbing and climate-control sectors:

° AFEC (Association of Air Conditioning Equipment M anufacturers) ° FEGECA (Association of Spanish M anufacturers of Heat Generators and Hot Water Radiators) ° CNI (Spanish Confederation of Installers and M aintenance for Heating, Air Conditioning, sanitary hot water, Plumbing, PCI, Gas, Solar Energy and other related matters). ° ASIM CCAF (Association of Installers and M aintenance of the M adrid Region).

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° ASENSA (Spanish Association of Solar and Alternative Energies). ° AM ICYF (Federation of Associations of Installers and M aintenance for Heating and Cooling Systems). ° APCE (Spain Association of Developers and Builders). ° ASPRIM A (M adrid Association of Developers and Builders). ° ATECYR (Spanish Technical Association for Air Conditioning and ).

- O thers: ° UCE (Consumers Union Spain). ° O CU (Consumers O rganisation). ° ADENA (Association for the Defence of Nature). ° INTA (National Institute for Air and Space). ° IE3 CO NSUM O S, S.A.

Having examined these thoughts and arguments a Plenary M eeting provisionally approved the Bylaw for Capture of Solar Energy for Thermal Uses on 19/12/02, (O fficial Bulletin of M adrid number 15 18/01/03). A further period opened to the public to give their views before the final approval was given at the Plenary M eeting on 27th M arch 2003, and published in the O fficial Bulletin of M adrid number 109 on 9/05/03. The bylaw came into force 6 months after its official publication.

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Specific collaboration agreement signed between A pril 2002 the M adrid Town Council and IDAE to draft a municipal solar bylaw

M ay-September 2002 Production of the draft of the Solar Bylaw

Draft of proposed Bylaw sent to Council political October-November 2002 groups, professional associations; sector associations

Response and consideration given whether to D ecember 2002 incorporate the arguments

Provisional approval of the Bylaw text by the 19/12/02 M adrid Town Council Plenary.

Provisional publication of the Bylaw in the M adrid 18/01/2003 Region official Bulletin (BO CM number 15).

Public presentation of arguments and responses and January-M arch 2003 consideration given whether to incorporate the comments

Final approval of the Bylaw text by the M adrid 27/03/03 Council Plenary.

Definitive publication of the Bylaw in the M adrid 9/05/03 Regional O fficial Bulletin (BO CM number 109).

The capture of solar energy for thermal uses Bylaw 10/11/03 comes into force.

Summary table of the processes followed for the approval of the Madrid solar bylaw.

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5.1. Analysis of arguments submitted

A very wide variety of arguments and thoughts were compiled from those submitted mainly by the representatives/organisations consulted. Therefore a summary is provided of the most important and illustrative aspects.

° Doubts were raised about the ability of the manufacturing and installation sector to meet the manufacturing and installation demands in accordance with the number of homes that were to be built in the M adrid district in the following years.

° It was proposed to postpone making the bylaw compulsory for 12 months, to enable the sector to adapt and get used to the new requirement, instead of 15 days. (Subsequently its coming into force was delayed for 6 months).

° Proposal to reduce the compulsory contribution to 60% in all cases.

° Concern by various groups about the esthetic appearance of buildings.

° Proposal to include a list of breaches and penalties in the bylaw itself.

° Proposal to award public grants for investment in these installations.

° Proposal for changes in the types of uses.

° Concern over the possible excessive rise in the cost of a home as a result of this requirement.

The M adrid Town Council responded in the usual manner and form to the arguments, taking into account 18% of the arguments and thoughts submitted.

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5.2. T raining of council staff to ensure the proper control of the solar bylaw.

When the Solar Bylaw came into force it was necessary for the council staff who are responsible through the District Committees for managing building projects, to be capable of correctly interpreting the project details submitted to them, in order to pass opinion on whether they comply with the requirements, and if not, give the reasons. Also, when inspecting buildings for occupation permits and/or operation, they have to be able to verify that the installations have been carried out according to the project, the same as for the other installations in the building.

During this transitional period, a course was run on solar energy and interpretation of the bylaw by council staff. The course was split into two parts: The first consisted of the basics on what is solar energy equipment and how it works; the second was an explanation and the correct interpretation of the bylaw articles and in particular, Annexe I which includes the tables on “M inimum solar contribution” required according to the demand for sanitary hot water and the type of substitute fuel.

The course was of 20 hours duration and staff from all the District Committees attended.

5.3. Meetings with installers and engineers in connection with the Madrid solar bylaw.

Several telephone conversations and meetings have been held with installers and engineers since the final approval of the Bylaw on 9/05/03, when various problems have been raised which they have encountered when designing and executing the installations:

- General confusion about the requirement, resulting in the Council sending IDAE to the installations to resolve the questions.

- At the outset not all Districts enforced the bylaw to the same degree. From November it was noted that the enforcement of the requirement was widespread.

- As of today, the Bylaw is being enforced without any exceptions, and it is not possible to obtain a building licence without the corresponding solar energy plan.

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- From the point of view of execution of plans, the planners have started to increase orders in respect of this requirement since July- August 2005.

- The cases in need of correction after review by the council staff are basically due to the lack of a solar plan in the plans for the building, and in the design of the placing of the roof collectors.

- Those who design the installation are faced with a building that has already been planned without taking account of solar energy, and therefore in many cases there is no space, either on the roof or in the interior for the design of the solar installation.

- M edium and small size companies working in the solar energy business do not usually win the contracts for large buildings since they do not win the tenders as these require such low offers which they cannot make. In addition, solar energy installations go hand in hand with climate-control and sanitary hot water, and therefore companies which install sanitary hot water, climate-control and solar energy have an advantage.

- The basic projects required to obtain the building permit are very often designed with a type of collector that is not suitable for the characteristics of the building, and then it is extremely difficult to change this aspect in the basic plan at a later date.

- Doubts about the configurations to make in the building. In general, plans which are being realised all produce sanitary hot water with a conventional split auxiliary system.

- Space problems for making installations with split configurations with two collectors per home.

- Doubts about future maintenance of installations, which is the building owner’s responsibility. The disadvantage of producing sanitary hot water with solar energy is that the supply of such is always assured with the conventional auxiliary system, even when the solar system is not operating. It is therefore important to educate the user to understand and keep a watch on their solar equipment.

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- As a general rule, applications for grants for this type of new building projects are not being made to the different state and regional programmes.

- Another impression picked up is the low level of interest the developers have in the quality of the equipment, and their high interest in getting over the new administrative hurdle as cheaply as possible.

- With regard to refurbishment of sites (changes of and renewal of heating systems) some installer tried to sell solar energy without any success at all. (the bylaw did not require it).

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6. CONTENT OF TH E BYLA W BY A RTICLE

Given below is a summary of the “Bylaw on Capture of Solar Energy for Thermal Uses” by article, in the municipal district of M adrid (O fficial Bulletin of the M adrid Region No. 109 09/05/03).

Article 1. O bjective

Introduction to the bylaw’s objective and the scope of its implementation. Systems for capture and use of solar energy at low-temperature for the production of sanitary hot water and heating swimming pools are to be installed in buildings and constructions situated within the municipal district of M adrid.

Articles 2 and 3. Buildings, and constructions affected and uses affected

Clearly and categorically establishes the scope of implementation in such a way that there is little doubt about its application to each individual case.

The by law is to be implemented in: Uses affected: - Residential (homes). - Public service buildings (schools, health Buildings of: centres, hospitals, cultural buildings etc.) - Buildings for sports facilities. - New construction - Tertiary sector buildings (Hotels, business - Full or partial premises, offices, etc.). refurbishment. - Industrial buildings. Indoor sw imming pools - Any other which implies the use of sanitary

hot water.

Compulsory to install solar thermal energy to cover a minimum percentage (A nnexe 1) of the demand for sanitary hot w ater and climate-control in sw imming pools based on: - The building demand. - The substituted fuel.

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Article 4. G uarantee of com pliance w ith this bylaw

This defines the conditions for submitting the plan and what its minimum content should be. It also states that obtaining the operating licence or permit for first occupancy of the building is conditional on compliance with the requirement of this bylaw. Project officially approved w ith at least the follow ing parts:

A ) Specifications

- Basic configuration of the installation. - General description of the installations and components - Design of the elements of Tow n Council grants the

the installation (capture, -Execution of the permit for first occupation collectors etc.). building and the or operating licence, an - Description of auxiliary installation in indispensable requirement system. accordance w ith the to live in or run the - Justification of plan. business for w hich the parameters specified by the -Final certification of building is designed. bylaw. the w ork

B) Plans

C) Budget

Article 5. Best available technology

Whenever an installation is to be made under the requirements of this bylaw, it must always be guaranteed that it will be done using the best available technology, and that it complies with the applicable quality and safety requirements.

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Article 6. Criteria of an exceptional nature

Requires that installations must provide a percentage of solar energy as indicated in Annexe I, shown at the end of the requirement. Nevertheless, this contribution may be reduced when certain conditions exist in the solar installation, or in the building:

Reduction of contribution w hen: Full reduction w hen:

a) In order to achieve the required a) As determined by the Government production levels, the applicable trade Commission responsible for the regulations would be broken. protection of buildings of historic- b) A building with no access to the sun due artistic interest. to external barriers. b) When the achievement of 30% cover is c) Buildings for refurbishment with serious impossible to justify in the cases of a), and non rectifiable limitations, due to b), c), d) and e) shown in the table to the building’s prior configuration or the the left. applicable urban planning regulations. d) New-build buildings where there are serious and non-rectifiable limitations arising from the applicable urban planning regulations, making the availability of all the surface area necessary for capture impossible due to the building’s morphology. e) In the case of protected buildings of historic-artistic interest as determined by the Government Commission responsible for its vigilance.

Technical explanations are needed in order to justify any of these reductions.

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Article 7. Requirem ents for Installers

References are included to the requirements and regulatory recommendations that installations made under this bylaw must meet. The basic requirements is that they should meet the basic sectorial regulations that are applicable.

Article 8. Landscape protection

This is a particularly important article in this bylaw. The municipal district of M adrid has an overall heterogeneity of buildings, nevertheless, the aim is to homogenize the installation of solar collectors so as not to produce a negative visual impact.

For this reason, the conditions which the area of capture has to meet are being developed according to the angle of inclination of the roof. In addition, other esthetic criteria are being developed to be taken into account when putting in the installations.

Article 9. Installers

In Spain, the installers and validation of installations are controlled by the Regulation of Thermal Installations in Buildings (RITE) and the additional validation by the Autonomous Regions. Therefore, the installations must comply with the provisions of the same.

Article 10. M aintenance obligation

The owner of the installation has a series of responsibilities and obligations which they must meet. Amongst them is that of maintaining the installation in perfect condition and to carry out periodic maintenance of the same.

It is also compulsory to incorporate a measurement and control system which provides information on the basic parameters of the installation and the production of the same.

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Article 11. Inspection and orders for their perform ance

As it is the Autonomous Regional Governments that have responsibility for energy, they have the ability to carry out inspections and impose penalties. O n the other hand, the local councils may also inspect installations in such a way as to safeguard the installation for the user by notifying any deficiencies to the appropriate department of the Autonomous region.

G roup of articles from 12 to 17

Article 12. Protection of legality Article 13. Breaches and penalties Article 14. Penalty scales Article 15. Responsibility Article 16. Independent nature of penalties Article 17. The period of tim e w hen infractions and penalties can be im posed

This set of articles refers to the most legal aspects of the bylaw regarding what the breaches are and their penalties, who is responsible for their payment etc. All these articles also refer to the M adrid Autonomous Region legislation, as the responsible body for ruling on breaches and imposing penalties.

Single additional regulation

The bylaw came into force 6 months after its publication in the O fficial Bulletin of the M adrid Region. O ne of the arguments submitted proposed to extend the Bylaw coming into force from 15 days to 1 year. In the end an intermediate solution of 6 months was opted for on the basis of the nature of the range and sector where the bylaw is to be applied, this being the necessary and sensible period of time for it to come into force.

Also included here is a statement to the effect that as solar energy installations are general installations in the building, these do not count for the purposes of extent of building permitted, and is therefore not subtracted from the gross built area. This on the other hand is a very controversial topic given that the price per built square metre is very costly in this town.

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AN N EXE I

The annexe is split into two parts, it gives the minimum percentage of contribution by solar energy that has to be met based on the demand for hot water in the building and on the type of fuel to be substituted: - General circumstances (oil, propane, , others) - Direct electricity by Joule Effect.

The first part of the annexe gives minimum instructions for calculating the building’s total demand in (l/d) and to enable calculation of the minimum contribution required. Demand is calculated by using a table of consumption in litres/day based on usage and by taking a reference temperature of 60 ºC.

Consumption criteria Litres H SW /day at 60º C

Single-family homes 30 per person M ulti-family homes 22 per person Hospitals and clinics 55 per bed **** Hotels 70 per bed ***Hotels 55 per bed **Hotels/Hostels 40 per bed Camping 40 per space *Hostels/Guest-houses 35 per bed Residences(elderly, students, etc) 55 per bed Communal dressing rooms/showers 15 per service Schools 3 per student Barracks 20 per person Factories and workshops 15 per person O ffices 3 per person Gymnasiums 20 to 25 per user Laundries 3 to 5 per kilo of laundry Restaurants 5 to 10 per meal Cafeterias 1 per lunch

This first part is supplemented with a set of considerations to take into account when calculating the building’s demand and the way ahead in each case, these are:

- Assignment of persons per home, based on the number of bedrooms. - Case of various buildings on the same site. - Case of partial occupations. - Case of buildings unoccupied for more than 185 days per year.

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The second part of this annexe gives the tables showing the minimum percentages of solar energy contribution. In addition, it includes the recommendation to use the IDAE’s Technical Specifications in the design and execution of solar energy installations. This document has been used in grant programmes since 2000 and has been and still is a reference document for various Autonomous Regions public grant programmes.

Building’s total demand Solar contribution (l/d) (%) 0-100 60 100-200 60 200-600 60 600-1000 60 1,000-2,000 75 2,000-3,000 75 3,000-4,000 75 4,000-5,000 75 5,000-6,000 75 6,000-7,000 75 7,000-8,000 75 8,000-9,000 75 9,000-10,000 75 10,000-12,500 75 12,500-15,000 75 15,000-17,500 75 17,500-20,000 75 > 20,000 75

Table 1 General case.

Building’s total demand Solar contribution (l/d) (%) 0-100 70 100-200 70 200-600 70 600-1000 70 1,000-2,000 75 2,000-3,000 75 3,000-4,000 75 4,000-5,000 75 5,000-6,000 75 6,000-7,000 75 >7,000 75

Table 2 Joule Effect.

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7. IM PLEM ENTA TION PROCESS A ND D EVELOPM ENT OF TH E BYLA W

The bylaw came into force on the 10th November 2003. Since then, when applying for a building or restoration licence with the M adrid Town Council for all new buildings or buildings undergoing full restoration, the plan must include a solar energy installation capable of generating enough solar thermal energy to meet the contribution required as shown in Annexe 1 of the bylaw.

M adrid is divided into Districts, through which applications for building and restoration permits are made in the corresponding area. When the solar bylaw first came into effect the situation differed from one district to another, in fact in some, the requirement was not as strict as it was in others. This was a transitional situation and in less than 6 months the requirement was standardised in the whole of the M adrid area.

A course on solar energy and interpretation of the bylaw was given during the transitional period to dedicated council staff in the different Districts involved in the review of building projects. This course served to build and consolidate the staff’s knowledge of the subject and for them to take interest in the enforcement of the solar thermal bylaw.

In connection with future revisions of the bylaw, there is no specific set procedure. However, for the time being no modifications are needed to the bylaw in force, given that this was approved in accordance with the HE4 requirement of the Technical Building Code.

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8. RESULTS

Since the approval of the Solar Bylaw on 10th November 2003 and up to December 2005, 424 municipal permits have been processed for new or renovated buildings, and for which there was a requirement to install solar thermal energy. The built area will be 28,197 m2. 89 % or 25,177 m2 of these permits were for residential sector buildings. The other types of buildings took up the remaining 11 %.

TYPE m2 COLLECTORS % ED UCA TIONA L CENTRES 11 6 <1% IND USTRIA L 800 365 3% OFFICES 289 132 1% H OTELS A ND RESID ENCES 698 259 2% RESID ENTIA L 25,177 11,812 89% OTH ERS 1,222 576 4% TOTA L 28,197 13,150 100%

From the analysis of the size of installations being carried out and those yet to be done in connection with the solar bylaw requirement, attention is drawn to installations of less than 20m2 that constitute 45% of the building permits approved. These are the installations being made in single-family homes, offices and small industrial sites, which for the purposes of hot water demand are treated as though they were offices.

At the other end of the scale, installations greater than 100m2 make up 23% of the permits, of which the largest have installations of over 200m2 totalling 8%.

The large installations correspond to big housing blocks being built in new urban development areas of M adrid. The homes in these blocks share the solar capture area and sometimes the collectors, whilst the auxiliary system is individual through a combi-boiler for heating and sanitary hot water with natural gas.

It is interesting to mention a large installation of 400 m2 that is to be made outside the residential area in the M adrid Central M arket, and another in a shopping centre of 655 m2. The remaining 32% of building permits is found in the range of 20 m2 to 100 m2 installations of capture area. The majority are residential type (homes), but the 11% of non-residential permits is included here.

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8% 0-20 m2 15% 21-40 m2 45% 41-60 m2 61-100 m2 12% 101-200 m2 10% > 200 m2 10%

Distribution of building permits according to dimensions of installations

Installations that have to be made as a result of the bylaw requirement are being or will be made in the next 12 months.

In M arch 2006, no permit for occupation had been issued for buildings with solar thermal energy installed. It is therefore too soon to know the results regarding production and quality of the installations.

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9. CONCLUSIONS

- The bylaw has been well received by all players (developers, architects, engineers, municipal experts).

- The M adrid solar bylaw was published in accordance with the requirements of the Technical Building Code and therefore does not need to be up-dated.

- The exemptions level is practically zero, given that the majority of buildings under construction are new-build in new urban development areas.

- Projects with an area of 28,197 m2 solar thermal energy installations have been submitted in 26 months.

- The greater proportion of installations will be made in the residential sector (homes), which assumes a direct financial saving for the people and education on the use of renewable sources.

- M adrid’s approval of the Solar Bylaw has meant that at least 9 other districts in the Region have approved solar bylaws in the almost 3 years.

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10. TH E TECH NICA L BUILD ING COD E A ND TH E BA SIC REQ UIREM ENT H E4: M INIM UM SOLA R CONTRIBUTION OF SA NITA RY H OT W A TER A ND CLIM A TE- CONTROL FOR SW IM M ING POOLS

Introduction

This section comprises a general section; another introducing the requirement that buildings must meet regarding the production of solar energy; a third which explains how to make the calculations to determine the requirement and including some minimum specifications which solar thermal energy installations must meet, as well as its principal components.

Section HE4 concludes with a section showing the range and intervals for maintenance work to be carried out, plus two appendices: one containing useful information on legislation to be taken into account for the design of installations, and another including tables to use for calculation of radiation losses when there is shade in the installation, or when it is not installed with the optimum orientation and inclination.

Minimum thermal solar contribution

Section HE4 of this DAC HE “Energy Savings”, includes the obligation for new buildings, or those being renovated where there is a demand for sanitary hot water, that part of the thermal energy needs arising from this demand should be met by the installation in the same of systems for the capture, storage and use of solar energy at low-temperature. The obligation is also extended to climate-control for swimming pools.

The percentage of solar energy contribution varies between 30-70 % and is calculated by using a table with two entries with the following variables:

1. Energy demand for the building 2. Climate zone where the building subject of the installation is located.

Nevertheless, these minimum contributions of solar energy may be reduced in certain circumstances, such as for example in the case of the incorporation of other renewable energies with thermal application in buildings which are protected by historic-artistic interest; when there is insufficient access to the sun due to the existence of other buildings etc. In such circumstances we must supplement the

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reduction of solar energy contribution with other equivalent energy solutions, such as for example, the use of other renewable energies with thermal applications, increased insulation, etc.

The requirement for solar energy contribution may be increased by the existence or future approval of a Solar Bylaw in the Town where the building is to be built. There are now more than 60 published bylaws in Spain affecting more than 20% of the Spanish population.

Spain is divided into 5 climatic zones, based on the average daily global solar radiation in kWh/m2. The map below shows the five zones, with the main towns in each province and the climatic zone to which they belong, together with a table.

Zone 1: H, 3.8 Zone 2: 3.8< H<4.2 Zone 3: 4.2 < H < 4.6 Zone 4: 4.6 < H<5.0 Zone 5: H < 5.0

H measured in kwh/m2 day

Source: INM. Based on annual global solar radiation isolines on a horizontal surface

Zoning map based on global solar radiation on horizontal surface.

When the climatic zone and the total demand for Domestic Hot Water (DHW), which is explained later on, are identified for a building there are three tables of two entries, two for Sanitary Hot Water based on fuel that produces energy from a conventional system. Thus, on the one hand we have the common case with fossil fuels (oil, natural gas, etc.) and on the other the Joule effect electricity: with the latter case, due to its efficiency, a higher percentage of contribution by solar energy will be required.

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M inimum solar contribution in%. G eneral circumstances Clim atic Zone Total building dem and for DH W (l/d) I II III IV V 50-5000 30 30 50 60 70 5000-6000 30 30 55 65 70 6000-7000 30 35 61 70 70 7000-8000 30 45 63 70 70 8000-9000 30 52 65 70 70 9000-10000 30 55 70 70 70 10000-12500 30 65 70 70 70 12500-15000 30 70 70 70 70 15000-17500 35 70 70 70 70 17500-20000 45 70 70 70 70 >20000 52 70 70 70 70

M inimum solar contribution in %. Joule effect Clim atic zone Total building dem and for DH W (l/d) I II III IV V 50-1000 50 60 70 70 70 1000-2000 50 63 70 70 70 2000-3000 50 66 70 70 70 3000-4000 51 69 70 70 70 4000-5000 58 70 70 70 70 5000-6000 62 70 70 70 70 >6000 70 70 70 70 70

T ables of minimum solar contribution according to the cases considered in the H E4 Requirement of the T echnical Building Code.

The table corresponding to climate-control of swimming pools is unique and only depends on the climatic zone where it is located.

M inimum solar contribution in %. Climate-control of sw imming pools Clim atic zone Total building dem and for DH W (l/d) I II III IV V

Indoor swimming pools 30 30 50 60 70

T ables of minimum solar contribution in the case of indoor swimming pools.

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There are a series of considerations to take into account when calculating the installation of solar energy:

1. Daily energy demand for the building is calculated on the basis of 100% year- round occupation, gauging the solar installation on this daily demand. However, it may happen that at certain times this is not the case (holiday times for example). So when in one or two months of the year the real solar contribution exceeds 110 % or in more than three months 100 % of the energy demand, steps must be taken to protect the installation:

a) These excesses are dissipated (recommended for homes). b) The capture area is partially covered c) The capture area is partially emptied d) The excess energy is diverted to other existing applications (recommended for homes).

2. It is not always necessary to calculate the demand for the installation on 100% occupation. In the case of partial occupations of buildings for residential tourist use (for example seasonal hotels). Details have to be given regarding the reasons for modifications to the design, calculations and results, taking as the criterion for sizing that the installation must at its maximum come close to the minimum solar contribution level. The sizing of the installation will be limited by compliance with the condition that in no month of the year can the energy produced by the installation be more than 110% of the energy demand, and in no more than three months of 100% and for this purpose, those periods of time in which the energy demand is situated at 50% below the average corresponding to the rest of the year will not be taken into account, and protection measures are to be taken as explained beforehand.

The section includes a chart giving the percentile limits of losses by radiation that may be used in the event that an installation is oriented or inclined beyond the optimum inclination or orientation, or where there is shade on the capture system. Inclination: Latitude (year-round applications). Latitude + 10º preferably winter applications. Latitude -10º preferably summer applications. O rientation: South

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In any of these three circumstances (non-optimal orientation or inclination and existence of shade), the losses by radiation need to be calculated and they should not exceed the table limits. Calculation of losses is explained in the document and the tables in one of the appendices are used for this purpose.

Calculation and sizing

To calculate demand, which is another of the entries in the minimum solar contribution tables, together with the climatic zone, there is a table showing reference values for the principal uses that may be encountered. Demand is calculated using this table, with a reference temperature of 60 ºC.

Together with the table, there is a formula for changing the reference temperature when designing the installation, based on the current law on health matters. Even when making this change, the percentages of minimum contribution calculated at the reference temperature of 60 ºC must be maintained, and therefore if the temperature in the installation design is reduced, this will have a smaller surface with which to reach the same percentage as if it was designed for a temperature of 60ºC.

Demand will be calculated on 100% occupation rates year-round, except in those cases mentioned beforehand, and in the case of separate buildings within the same grounds, these will grouped as one single building, thereby calculating the minimum solar contribution.

G eneral conditions for installation

Having determined the solar contribution, an installation has to be designed and built to cover this percentage of contribution, in addition to quantitatively guaranteeing the production of energy and as a consequence reducing the use of conventional fuel; to optimize the global energy saving of the installation in combination with the other thermal equipment in the building; to guarantee the durability and quality of the installation and to guarantee its safe use. In view of all the foregoing, this section includes some general conditions which the installations must meet, some minimum requirements of their components, as well as a compulsory maintenance plan, setting out some of the tasks and optimum minimum frequency in order to comply with the above objectives.

Given below is a summary and highlights of principal characteristics appearing in the section. Nevertheless, the whole of the section in the original published

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document needs to be read in order to be able to fully comply with the requirement.

G eneral com m ents - Installations are made with independent primary and secondary circuits, using an anti-freeze to protect against the danger of frost. In spite of the appropriate local Government Department criteria, a different system for protection against frost may be used that reaches the same levels of protection. - Installations of more than 10 m2, will be built with forced circulation.

W orking fluid - The working fluid used in the primary system is that determined by the manufacturer of the capture systems, and water from the network may be used, demineralised water, water with additives, etc. Whatever liquid is used, this must meet some minimum characteristics with regard to the pH, salinity, content of calcium salts, etc. In the event that the liquid does not meet the standards, then it must be adequately treated.

Capture system s - The capture systems must be certified by a competent organisation, in accordance with Royal Decree 891 of 14th April 1980. - It is recommended that they should be of the same model, and that for sanitary hot water, the overall loss coefficient should be less than 10 Wm2/ºC.

Storage system s - The storage system must be sized according to the characteristics of the installation. - If there are several tanks, these must be connected in reverse series, or in parallel with the primary and secondary circuits balanced. - In general, the connection of an auxiliary generation system to the solar storage is not permitted. - For vertical tanks, the cold water intake will be made in the lower part of the tank, whilst the hot water exit is made in the upper part. The hot water intake connection from the capture system will preferably be made between 50-75 % of the tank height, and the cold water exit from the tank to the capture system will be made in its lower part.

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- For horizontal tanks, the cold water intake and the hot water exit will be on opposite sides, so as to avoid the water mixing.

H ydraulic circuit - The hydraulic system must be balanced, either with a reverse return system or via balanced valves. Also, the fluid flow design must conform to the manufacturer’s specifications. - In the case of installations with capture systems greater than 50 m2, these must have two , both in the primary and secondary circuits. - Bleed systems must be fitted in those parts of the circuit that are susceptible to collection of air. The bleed systems may be manual or automatic.

Conventional auxiliary energy system - It is compulsory to fit a conventional auxiliary energy system so as to ensure the continuity of supply for thermal demand. - The conventional system will be designed to cover the full service as if there were no solar system available. - The use of conventional energy in the capture system’s primary circuit is prohibited, since this would reduce the installation’s output and the conventional energy contributed would be wasted. - The conventional system may go to heat a collection tank independently of the solar system, or it may be instantaneous, in the latter case this must be thermostatically controlled.

Control and m easurem ent system - The control system will ensure the correct functioning of the installations, endeavouring to obtain a good return on the solar energy captured, and ensuring adequate use of the auxiliary energy. - In installations with forced circulation, a differential control must always be used for the capture system circuit pumps and, in the

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case where there is a solar collection tank, its operation must be based on the difference between the temperature of the liquid at the exit of the capture system array and the exit of the collection tank. - The control system will ensure that temperatures which exceed the maximum tolerable levels for the materials, components and circuit treatments are never reached in any circumstances. - With regard to the measurement systems, installations larger than 20 m2 must have at least one local analogue measurement system to indicate as a minimum the temperature, the network cold water flow and the solar collector exit temperature. In addition, the data processing will provide the solar thermal energy collected over time.

Components

This section includes the principal characteristics which the different components forming part of the solar energy installations must have. Guidelines and requirements are given which must be met for solar capture systems, solar storage, heat exchangers, circulation pumps, piping, valves, expansion basins, bleeders, filling system and electrical control system.

So as not to make this point too long, attention is drawn to the filling system section, where the requirement calls for a manual or automatic filling system to be fitted. It is recommended that this should be automatic, which becomes compulsory when, due to the placement of the installation, during certain times of year, there may be the risk of frost, or when the usual source of water supply does not meet the pH and purity conditions required in the subsection on working fluid. If the installation has a manual system, the circuit pressure must be controlled periodically, as well as the concentration of , refilling it whenever necessary.

All these technical recommendations are minimal, which may be supplemented with those established by the Autonomous Regions and local bodies for their territories.

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M aintenance

M aintenance of every installation, whether this is solar or not, is the most important task if we want to achieve its optimum performance at all times, apart from maintaining the feasibility and safety throughout the whole of the installation’s lifespan.

Two complementary ways of management are defined: a) Inspection plan b) Preventive maintenance plan a) Inspection plan

This includes a set of basic operations to ensure the installation’s operational values are correct. It is a simple observation plan to check the installation’s correct operation.

The requirement includes a table of the tasks to be carried out and the intervals. These tasks may be performed by the user or building maintenance service, and the contracted solar energy maintenance service would only be called if anomalies were detected. b) Preventive m aintenance plan

This is a set of visual inspection operations and verification of performance, which, when applied to the installation is bound to maintain its operating conditions, services, protection and durability within acceptable limits.

The maintenance plan must be carried out by competent technical staff who understand solar thermal technology and the mechanical installations in general. The installation will have a maintenance handbook showing all the operations carried out, as well as the corrective maintenance performed.

The requirement includes a table with the tasks to perform, as well as the intervals. Nevertheless, as a minimum, installations with a capture area smaller than 20 m2 will be serviced once a year, and installations with a capture area greater than 20 m2 will be serviced twice a year. If necessary, corrective maintenance as appropriate will be carried out during these services, apart from specific service call-outs which have to be made to the installation.

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Impact of this section of the Building Technical Code

An objective of the Renewable Energies Plan is to increase the area by 4.2 million m2 in the period 2005-2010. The BTC impact on this objective will depend mainly on the number of buildings built. Thus, considering that the date when it becomes mandatory is September 2006, and that the period for execution of buildings is 12- 18 months, it can be said that the first installations will go live at the end of 2007, beginning of 2008. Considering that from now up to the year 2010, when the Renewal Energies Plan (2005-2010) finishes, and taking account of scenarios of home building between 250,000 and 450,000 per year, plus indoor swimming pools, hotels and other buildings affected by the Building Technical Code, the increase in area is between 1.5 and 2.5 million square metres.

This increase in area entails a substitution of primary energy of between 100 and 164 thousand tons petroleum equivalent, and a reduction of between 375,000 and 605,000 tons of Carbon Dioxide.

The impact on the price of homes will be between 0.5 and 0.8%, which is very little if we take account of the environmental and social benefits this increase in area infers.

Finally, the investment is between 980 and 1,600 M illion Euros.

The implementation of solar installations and in general everything related to the Building Technical Code will depend on many players (architects, solar energy planners, installers, council technical staff, general public, etc) who must coordinate their activities so that all types of installations can be made in buildings without this involving a deterioration in their image. The architect will have to design a building taking into account the solar installations, and in agreement with the planner of the same, be always seeking solutions whenever required to meet the requirements of the regulations, and most importantly, installations that should function and be technically and economically reliable.

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