The Future Legal Framework of Energy Communities Promoted by Provincial Councils in Spain in the Fight Against Decarbonization

Abstract

The transition to a decarbonized energy system, in contrast to the current energy model based on fossil fuels, which is unsustainable, demands an urgent shift towards renewable energy sources. This presents a major technological and social challenge, but also an opportunity to give local entities a central role in the energy sector, through the so-called "Energy Communities." These two entities are envisioned as new energy actors in the European Union's Winter Package Directives.

In Spain, although these entities have been partially addressed in various regulations, and some successful Energy Communities have been established—notably those promoted by Provincial Councils through their Community Transformation Offices (OTCS) funded by Next Generation EU—we still lack comprehensive legislation that fully regulates Energy Communities and develops the role that local entities can and should play in their creation and/or promotion. This article will provide a broad and detailed analysis of the role of Provincial Councils and their Support Offices in the implementation of these new legal entities of Local Energy Communities, and will analyze the draft Royal Decree regulating them, proposing some possible improvements to it.