The wind farm law and its shifting distances

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The relaxation of the windmill law drew criticism from Paweł Sałek, an adviser to President Andrzej Duda, who said at PAP Studio that it contradicts PiS’s 2015 and 2019 program assumptions.

In early February, the Sejm repealed the so-called distance law, which set a minimum distance of 700 meters from homes for wind turbines when certain conditions were met. The Senate proposed lowering this minimum to 500 meters and allowing further reduction with resident and municipal consent. Sałek argued that the opposition is playing a political trap against the United Right on this issue.

It was promised that the opposition would vote in favor of the bill. Instead, it abstained, placing full political responsibility for the law’s outcome on PiS, according to the presidential minister.

“The protests will start again”

He asserted that liberalizing the wind farm law goes against PiS’s 2015 and 2019 program assumptions. He noted that resolving wind farm issues helped the United Right secure electoral support and questioned why a change eight months before the election would trigger emotions in the countryside.

According to him, the government’s proposed provisions could provoke protests among villagers and hurt the party’s results in upcoming elections.

He suggested that while there are currently few protests in rural areas about wind turbines, the situation could change if investors return to the countryside.

Sałek added that he is not opposed to wind energy but favors orderly development.

What about KPO?

He also voiced doubts about whether amending the Wind Farm Act would affect Poland’s access to funding from the KPO program.

He doubted that money from KPO would appear in Poland before the elections.

When asked whether he would recommend President Duda sign the Wind Farm Act amendment if Senate changes are rejected, he said it was difficult to comment at the moment and that discussion would continue once the bill leaves the Sejm.

Principles of the distance rule

The 2016 amendment allows new wind turbines only under a Local Spatial Development Plan. The minimum distance is determined by the greater of 10 times the turbine height or 700 meters for residential buildings, with outcomes from the strategic environmental impact assessment carried out within the MPZP framework. The assessment covers noise impacts on the environment and residents’ health. The municipal council cannot withdraw from the environmental impact plan for the LZP project, which includes a wind farm.

The law also introduces minimum distances between wind turbines and power transmission lines, while the prohibition on building homes near existing wind turbines will be lifted in part. The new rules maintain the 10H principle for national parks and the 500-meter limit for nature reserves; for other protected areas, the distance is defined by the environmental decree for the specific area. It remains illegal to build wind turbines in national parks, nature reserves, landscape parks, and Natura 2000 areas.

Additionally, the legislation requires developers to offer at least 10 percent of a wind farm’s installed capacity to local residents who would use electricity as a virtual prosumer. Each resident could receive up to 2 kW and obtain electricity at a price calculated to cover construction costs.

The distance law amendment is one of 37 milestones Poland must meet to qualify for funding under the Recovery and Resilience Facility and the National Recovery Plan.

(Source: wPolityce)

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