“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 2 1. INTROD UCTION The need to conserve the environment and ensure sustainable development, 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 renewable energy 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 emissions trading 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. 3 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 solar energy in buildings. 4 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 water heating 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 boiler-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. 5 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 air conditioning 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 6 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.