summary
Articles 65 and 67 of the Statute provide that the laws of Catalonia are promulgated, on behalf of the king, by the president of the Generalitat. In accordance with the foregoing, I promulgate the following
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preamble
The tax on facilities that affect the environment is regulated by article 8 of Law 5/2020, of April 29, on fiscal, financial, administrative and public sector measures and the creation of the tax on facilities that affect the environment. in the environment.
Letter c of section 4 of said article 8 was the result of Law 2/2021, of December 29, on fiscal, financial, administrative and public sector measures, according to which, 20% of the related income will be affected. with the activities of production, storage and transformation of electrical energy of nuclear origin, which must be used to nourish a fund to finance actions for socioeconomic development and fair energy transition in areas affected by the environmental impact of the production of nuclear electrical energy. The letter c also adds that this fund is attached to the competent department for business and labor matters and that the management system for this fund is regulated by a regulation that should provide for participation in determining the fund's action priorities. , of the regional councils, of other local entities of a supra-municipal nature of the affected areas and of the most representative business organizations and trade unions.
The newly created fund, known as the Nuclear Transition Fund, currently has an economic endowment of twenty-four million euros, in accordance with the 20% established by the regulation, and its objective is to respond to the impact of a future closure of the Asc and Vandells power plants, which will affect the economic fabric of the municipalities of Baix Camp, Baix Ebre, Priorat, Ribera d'Ebre and Terra Alta, which surround the nuclear power plants and which, according to data from El Gobierno, In eight or more years, it will include the predicted thousand direct jobs, in a region that has serious socioeconomic problems and that there is a very clear imbalance with respect to the whole of Catalonia.
In addition, as it is a fund that receives an environmental tax, and specifically from nuclear electricity production, it is evident that the main beneficiaries of the tax must be the towns and businesses that, due to their proximity to nuclear power plants, are affected important.
For all these reasons, the present legislative modification increases the percentage of effect of the ingredients related to the activities of production, storage and transformation of electrical energy of nuclear origin to 50%, considering that the resulting amount is fair and consistent with the objects that aims to. to achieve, in order to relaunch and balance these territories, which have always been supportive in the creation of wealth for the country as a whole.
Likewise, this modification must clearly delimit the territorial scope of the fund and establish that the municipalities of the affected regions are its beneficiaries. For this reason, and to be consistent with the objectives that the fund seeks to achieve, it is considered that the beneficiary municipalities should be those that are, in accordance with the Nuclear Emergency Plan for the Asc and Vandells Nuclear Power Plants (PENTA), in planning zones I and II, which specifically in the Catalan municipalities that are located in a crossroad of nom more than thirty kilometers in radius, concentrated with the two nuclear power plants, with specific characteristics.
Lastly, in the absence of regulatory development, it is important to define the fund's management model by law. For this reason, the law incorporated a final provision for the creation of a governing body to manage the fund, in which the social and economic fabric, the administrations and, especially, the municipalities that best know the territory and its needs and priorities participate.
In order to meet the stated objectives, relaunch and balance the beneficiary territories of the fund and that the municipalities can make use of the fund for the year 2023, a transitory provision has been included that affects the municipalities of the PENTA II planning area, to that exceptionally could receive the money from the fund, with the substitution of the presentation of projects by a sober justification of their dedication to carrying out actions. Otherwise, due to the date of approval of this norm, these municipalities will not be able to demonstrate the fund.
Single article Modification of Law 5/2020
Letter c of section 4 of article 8 of Law 5/2020, of April 29, on fiscal, financial, administrative and public sector measures and creation of the tax on facilities that affect the environment, which is drafted as follows:
- c) 50% of the income related to the activities of production, storage and transformation of electrical energy of nuclear origin must be used to nurture a fund to finance actions for socioeconomic development and fair energy transition in areas affected by environmental impact of the production of nuclear electricity.
The territorial scope of application of this fund corresponds to the municipalities of Catalonia that are located in a circle of no more than thirty kilometers in radius, connected to the nuclear power plants, in planning zones I and II of the External Nuclear Emergency Plan to the Asc and Vandells nuclear power plants (PENTA).
Within this territorial scope, the beneficiary municipalities of the fund are:
- a) In PENTA planning zone I, all the municipalities in its area of influence.
- b) In PENTA planning area II, all municipalities with fewer than twelve thousand inhabitants in the Terres de l'Ebre and Camp de Tarragona counties.
The distribution of the fund is made, initially, according to the following scale:- – 50% for the beneficiary municipalities of the planning zone I of the PENTA.
- – 50% for the beneficiary municipalities of the planning area II of PENTA.
If there are remnants not transferred to projects from the resources provided for a planning area, these can be allocated to projects in another planning area.
Extraordinarily, public projects of special territorial and strategic interest in Terres de l'Ebre outside the established scope can be financed, with a limit of 10% of the fund.
The priority lines of action, and the object of financing by the fund, are reindustrialization projects, the energy transition, the agri-food field (including agriculture), tourism, new technologies and the public sector.
This fund is attached to the department responsible for business and labor matters. The management regime of the fund is regulated by a regulation that should prevent the participation in the governance and in the determination of the priorities of action of the fund, of local entities, especially town halls, as well as other local entities of a supra-municipal nature. the affected areas and the business organizations and trade unions that represent them.
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Transitional provision
For the 2023 financial year, exceptionally, the distribution of the fund among the municipalities of the PENTA planning area II will be carried out equally among all the municipalities, so it is justified that they dedicate it to actions directly related to economic promotion. the generation of jobs or the energy transition.
final provisions
First creation of the fund's governing body
1. The government body that must manage the nuclear transition fund referred to in article 8.4.c of Law 5/2020, of April 29, on fiscal, financial, administrative and public sector measures and creation of the tax on facilities that affect the environment, which has the following composition:
- a) The presidency, which rests with a representative of the department responsible for business and labor matters.
- b) The vice-presidencies, which rests with the mayor or mayor of Asc and the mayor or mayor of Vandells i l'Hospitalet de l'Infant.
- c) The vowels, distributed as follows:
- – Ten members of the regional councils, at a rate of two members for each affected regional council (Baix Camp, Baix Ebre, Priorat, Ribera d'Ebre and Terra Alta), at the proposal of the plenary session of each of the entities.
- – Two mayors of the PENTA planning zone I (Asc area) and two mayors of the PENTA planning zone I (Vandells area). The mayor or mayoress of the smallest municipality and the mayor or mayoress of the largest municipality in each zone must be members.
- – A representative of the Agency for Business Competitiveness (ACCI).
- – Four members proposed by the trade union and business organizations plus representatives in the territory.
- – A representative of the Tortosa Chamber of Commerce.
- – A representative of the Reus Chamber of Commerce.
2. You must hold an extended assembly, at least once a year, with all the mayors and mayors of the beneficiary municipalities of the fund.
Second Budgetary Authorization
The economic affectation that this law will eventually produce on the budgets of the Generalitat has effects from the entry into force of the budget law corresponding to the budget year immediately following the date of approval of this law.
Third entry into force
This law entered into force the day after its publication in the Official Gazette of the Generalitat de Catalunya.
Therefore, I order that all citizens to whom this Law is applicable cooperate in complying with it and that the corresponding courts and authorities enforce it.
