Luna Notes Topic 4: Climate Change and Energy Transition PDF

# Topic 4: Climate Change and Energy Transition ## Evolution of Environmental Law - Focuses on evaluating projects to identify environmental risks and promote an energy transition that transforms the economic and industrial model. ## Greenhouse Effect - Necessary for life, but enhanced by econom...

# Topic 4: Climate Change and Energy Transition ## Evolution of Environmental Law - Focuses on evaluating projects to identify environmental risks and promote an energy transition that transforms the economic and industrial model. ## Greenhouse Effect - Necessary for life, but enhanced by economic activity. - CO2 from fossil fuels causes global warming. ## Global Reaction - Creation of the World Meteorological Organization and the IPCC (Intergovernmental Panel on Climate Change). - Annual reports on climate change. - Three working groups: scientific, socioeconomic and emission limitation. ## Rio Conference (1992) - First international instrument against climate change. - Objective: To stabilize GHG concentrations to prevent dangerous interference. - Precautionary Principle: It bases decisions on scientific evidence to manage environmental risks. ## Diversity of Perspectives - Varies according to location and economy: coastal countries (restrictive measures) vs. fuel exporters (OPEC, USA, China, EU). - Compromise: general, specific non-binding obligations (voluntarista 1992) ## Need for approval of additional protocols: - **Kyoto Protocol (1997):** - Binding instrument for GHG reduction. - Validity: 2005 – 2020. - Complete with the Bonn and Marrakesh Agreements. - **Paris Agreement (2015):** Global Framework since 2020. Limit global warming to +2°C. - **Glasgow Pact (2021):** Reaffirms the objectives of the Paris Agreement. - **COP27 (2022) and COP28 (2023):** Financing for vulnerable countries and the abandonment of fossil fuels. ## European and Spanish Regulations: - **Directive 2003/87/EC:** Emissions trading. - **Law 7/2021 (Spain):** Basic framework on climate change and energy transition. - **Law 7/2022:** Waste and circular economy. ## Key European legislation - Includes directives (1 regulation, one decision) * **Directive 2009/28/EC:** - Renewable energies. - Increase the share of renewable energy. - Binding targets per member state. * **Directive 2009/29/EC:** - Emissions Trading (ETS). - Reduce available emission permits. * **Directive 2009/31/EC:** - Carbon Capture and Storage (CCS). - Development of technologies to capture CO2. * **Directive 2009/30/EC:** - Fuel Quality. - Promotion of clean and sustainable fuels. * **Regulation 443/2009:** - CO2 Emissions for Vehicles. - Specific limits for new cars. * **Decision 406/2009/EC:** - Shared effort. - Reduction of emissions in sectors not covered by ETS. ## Spanish Regulations - **Royal Decree-Law 5/2004:** Trading of GHG emission allowances. - **Law 1/2005:** Extended General Framework with Aviation (2010). - **Law 13/2010:** Extension of the general framework. - **Law 40/2020:** Geological storage of CO2. - **Law 6/2022 (Valencian Community):** Climate change and ecological transition. - **Law 7/2021:** ## The energy transition - Requires a global economic restructuring, where legal measures and international directives play a fundamental role. - Continued collaboration between states and sectors is essential to meet established climate goals. ## Law 7/2021, of 20 May, on Climate Change and Energy Transition ### Purpose of the Law: - **Energy intervention:** Transition towards a decarbonised and circular economy. - **International compliance:** Ensure international commitments; transition of the electricity system to renewable sources, respecting regional competences. - **Emphasis on just transition and environmental sustainability.** Importance of the participation of all sectors to ensure the success of the strategies. ## Energy Transition: Fundamental Principles * **Sustainable development:** - Balance between economic growth, environmental protection and social equity. * **Decarbonization:** - Reduction of greenhouse gas (GHG) emissions; - transition to clean energy. * **Environmental protection:** - Preservation of biodiversity; "Who pollutes pays." * **Social and territorial cohesion:** - Respecting environmental values. * **Resilience:** - Harmonization in the development of renewable energies, of economic, social and environmental systems to new energies. * **Public Health:** - Reduced pollution and improved well-being. * **Universal accessibility:** - Ensuring equitable access to transition technologies energetics. * **Protection of vulnerable groups:** - Special attention to children, the elderly and disadvantaged groups. * **Gender equality:** - Equitable inclusion in climate and energy policies. * **Competitiveness:** - Security for investments and improvement of productive sectors. * **Caution:** - Preventive measures in the face of scientific uncertainty. * **Non-regression:** - Maintain and improve levels of environmental protection. * **Scientific evidence:** - Rationale in recent studies, such as IPCC reports. * **Quality and security of energy supply:** - Ensure availability and reliability of the supply. * **Institutional cooperation:** - Collaboration between state, regional and local institutions. ### Limitations of the Law: - **Normative instruments:** European law with long-term objectives (30 years). Potential modifications due to regulatory dysfunction. - **Competence regime:** Competences divided between the State and the Autonomous Communities. - **Use of indicative planning as a tool.** ### Socioeconomic impact: - Uneven adaptation between industrial sectors. - Just transition measures for the most affected sectors. - **Uncertainty:** The need for technical evidence in the face of an uncertain future. Precautionary principle applied. ### Objectives of the Law * **Climate neutrality (2050):** Balancing GHG emissions and their capture by natural sinks . Alignment with European commitments. * **Intermediate objectives (2030):** - 23% reduction in GHG emissions compared to 1990. - To achieve 42% of renewable energies in final consumption. - Electricity generation with 74% renewable sources. - 39.5% energy efficiency improvement (primary energy consumption) - **Law 7/2021** establishes a general framework with regulatory and competence limitations. - **It promotes a just and sustainable transition**, based on key principles and national and international objectives, although it faces challenges due to the complexity of its implementation. ## Climate Change and Legislation - Climate change is both a natural and an anthropogenic phenomenon. - While the planet has experienced climate change throughout its history, the rapidity of change in recent decades points to significant human influence. ### Causes of climate change: #### Natural: - **Milankovich cycles:** Changes in the Earth's orbit and its inclination affect the climate over long periods (glaciations, warming). - **Volcanic activity:** Emission of sulfur dioxide and ash that can limit solar radiation (example: "year without a summer"). - **Solar radiation:** Changes in solar intensity contribute to climate but do not explain the recent acceleration. #### Anthropogenic: - **Greenhouse Gas (GHG) Emissions:** CO2, methane, nitrogen oxides, among others. - **Deforestation and land use change:** They affect the natural capacity to absorb CO2. - **Intensive agriculture and industry:** GHG emissions and pollutants from human activities such as livestock and industrial production ### Effects of climate change: - **Temperature:** Warming of the seas and rise in sea level (+20 cm in the twentieth century). Changes in regional weather patterns. - **Ecosystems and biodiversity:** Extinction of species, changes in migration and reproduction patterns (example: Iberian storks). Loss of vegetation and CO2 absorption capacity. - **Socio-economic impacts:** - Desertification and loss of arable land. - Forced migrations due to extreme phenomena and increase in infectious diseases. - Impacts on food security and increase in social conflicts. ### Legislative strategies: - **General objectives:** - Reduce GHG emissions and offset them with natural sinks. - Transform the production model towards sustainability. - **Key Guidelines:** - Reduction of High-Impact Productive Activities: Fuel, Transportation, and Non-Renewable Energy. - Regulations. - Promotion of sustainable technologies: Renewable energies, electric vehicles, energy generation from the urban water cycle. - **Prioritized sectors:** Energy, fuels, mobility, transport, buildings, agriculture, forestry and waste. ### Examples of legislative measures: - Requirement of electric charging points at petrol stations. - Priority to the integration of renewable energies in the electricity system. - Prohibition of new concessions for the exploitation of hydrocarbons and radioactive minerals. - Promotion of universal accessibility to sustainable technologies. ### Principles of regulation: - **Precaution:** Application of measures based on the analysis of causes and effects. - **Planning:** Strategic regulation through direct or incentive regulations. - **Sustainability:** Ensuring the protection of the environment while transforming the production system. ## A. STRATEGIES AND PLANNING IN PRODUCTIVE ACTIVITIES AND CHANGE ### CLIMATIC #### 1. Fuels/Fossil Energies - **Tax benefits:** Restriction of tax benefits except for justified reasons of social or economic interest or absence of technological alternatives. - **Prohibition of state investments** in fossil fuel extraction companies. The public sector must lead the divestment to encourage the private sector. - **Hydrocarbons:** Prohibition of granting new exploitation authorizations and research permits. - **Radioactive minerals:** Prohibition of new concessions and authorizations of nuclear fuel cycle facilities. #### 2. Transportation: - **Climate Change Law (Art. 14, State Law 2021):** Progressive elimination of vehicles with direct CO2 emissions (goal: 2050). - **Sustainable mobility plans for municipalities:** Mandatory in cities with >50,000 inhabitants or >20,000 if they exceed emission limit values. - **Implementation of low emission zones (LEZs).** - **Specific measures:** - Promotion of electric vehicles and installation of charging points. - Electrification of public transport networks. - Promotion of the use of active transport (bicycles, walks) and creation of green corridors. - Shared and sustainable mobility. - Improvements in public transport to reduce the use of private transport - **Valencian Law (Art. 60):** Adoption of local measures aligned with state and regional regulations. ## B. Planning: Central Strategies of the Climate Change Law (LCC) ### Planning tool: National Integrated Energy and Climate Plan (PNIEC): - National strategic approved by Royal Decree. - Integration of energy and climate policies to meet EU targets. - **Minimum content:** - Quantitative targets: GHG emission reduction, renewable energy, energy efficiency. - Policies and measures to achieve these goals. - Incorporation of objectives and measures of European regulations. ### Decarbonization Strategy 2050: - Five-Year Review. - Complemented by specific plans (green hydrogen, biomethane). ### Sustainable Urban Mobility Plans (SUMPs): - Focused on municipalities with >50,000 inhabitants (or >20,000 if they exceed emission limits). - **Specific measures:** - Creation of LEZs. - Improvement of public transport and electrification. - Promotion of sustainable mobility (walking, cycling, electric vehicles). - Criteria for improving air quality in sensitive areas (schools, hospitals). ### Adaptation to Climate Change: - **National Plan for Adaptation to Climate Change (PNACC):** Basic instrument for coordinated action against the effects of climate change. - **Specific objectives:** - Identify and evaluate impacts and risks. - Expand knowledge and promote risk management. - Define strategic adaptation objectives and measures. - **Key sectors for adaptation (Articles 19-26):** - Water: Planning and management. - Maritime-terrestrial public domain: Coastal management. - Territory and urban planning: Transport and building infrastructures. - Food security. - Public health. - Biodiversity. - Carbon sequestration: Promotion of natural sinks. ## C. JUST ENERGY TRANSITION Strategy ### Associated risks: - **Workers and affected areas:** Risk of job loss in traditional sectors (fossil fuels). Impact on consumers due to costs of alternative technologies. Need for public economic support measures. - **Redistributed risk:** Ensuring a just transition to avoid inequalities. - **Impacts of renewable technologies:** They require large areas of land (e.g., wind farms). Associated costs limit access for everyone. ### Just Transition Strategy: - **Objective:** To optimize opportunities and ensure fair and equitable treatment for affected workers and territories. - **Frequency:** Approved every 5 years by the Council of Ministers. - **General framework:** Planning system that defines strategies (general framework) and specific agreements (concrete implementation). ### Content of the Strategy - **a) Identification of vulnerable groups, sectors, companies and territories.** - **b) Analysis of employment opportunities and economic activity linked to the energy transition.** - **c) Design of industrial, agricultural, forestry, R+D+i and training policies to support the transition.** - **d) Creation of instruments for:** - Monitoring the labour market. - Inclusion of social agents in dialogue tables. - **e) Preparation of just transition agreements as an implementation tool.** ### Just Transition Agreements: - **Participants:** Public administrations, companies, trade unions, employers' associations, universities, NGOs. - **Objective:** To modernise economic activity and improve the employability of vulnerable groups. ### Commitments: - a) Evaluation of the state of vulnerability of the area or collective. - b) Obligations of the parties (support measures for beneficiary companies). - c) Specific measures: Fiscal, financial, support for R+D+i, digitalisation, entrepreneurship. /Training and social protection for workers. - d) Calendar with measurable objectives and monitoring mechanisms. ### International coordination; Global perspective: - Measures must be adapted to the capacity of each country. - Example: Not demanding the same from the U.S. as from developing countries like Nicaragua. ### Regulatory approach - Change from general regulations to sectoral environmental legislation. - **Areas of sectoral intervention:** - Protection of the air and acoustic environment. - Management of water, coasts, biodiversity and forests. ### In the context of the just energy transition, it refers to: - R+D+I Research (I): Generation of new scientific and technological knowledge, for example, on renewable energy sources, energy efficiency or storage technologies such as advanced batteries. - Development (D): Practical application of scientific knowledge to create new processes, products or services, such as the design of green hydrogen systems or smart grids. - **Innovation:** Bringing new ideas or technologies to market to solve specific challenges, such as reducing carbon emissions or improving accessibility to clean energy. - **a key tool for moving towards a low-carbon economy while mitigating the negative impacts of the transition on **workers and affected communities.