PL wants to force solar and wind plants to pay for “resource exploitation”

Author of the proposal claims that activities would be causing an impact on the environment and territorial space
2 minute(s) of reading
PL quer obrigar usinas de energia solar e eólica a pagarem pela “exploração de recursos”
Deputy João Carlos Bacelar Batista (PV). Photo: Vinicius Loures/Chamber of Deputies

One bill that is being processed in Chamber of Deputies want to force solar power plants It is the wind farms to have to pay financial compensation to states, municipalities and direct administration bodies of the Union.

The proposal provides that compensation will be equivalent to 7% of the value of energy produced. 

Currently, the Electricity sector legislation only provides for payment financial compensation by hydroelectric plants. This payment corresponds to compensation for the exploitation of water resources. 

O author of the text, congressperson João Carlos Bacelar Batista (PV-BA), alleges that the alleged exploitation of the resources provided by solar and wind power plants would be causing impacts on the environment and territorial space. 

“The use of land, previously intended for other productive activities, is increasingly required to carry out these activities. This economic displacement represents frustration of tax revenues for states and municipalities”, argued the parliamentarian. 

O text will be analyzed by the Mines and Energy commissions; Finance and Taxation; and Constitution and Justice and Citizenship conclusively – a rprocedure whereby the project does not need to be voted on by the Plenary, only by the committees designated to analyze it.

Legal assessment

According to Marina Meyer Falcao, president of OAB/MG Energy Law Commission and secretary of regulatory affairs at INEL (National Institute of Clean Energy), the possibility of having a financial compensation by solar and wind energy in molds presented by the deputy is something completely unreasonable.

“This PL surprised us and we cannot agree to have any taxation for solar and wind plants, which have contributed so much in the last four years to Brazil's economic growth, bringing countless benefits,” she said. 

A lawyer explains even though the financial compensation of the water potential is already something expressly provided for in Article 20, item 8 of the Brazilian Constitution of 1988, and there is no express provision of this type for solar and wind potentials, which makes the bill proposed by Bacelar Batista is somewhat unconstitutional.

Picture of Henrique Hein
Henry Hein
He worked at Correio Popular and Rádio Trianon. He has experience in podcast production, radio programs, interviews and reporting. Has been following the solar sector since 2020.

5 Responses

  1. This rubbish that lives in our homes is always at the “service” of someone, in the case of GD, the energy companies. Most of them are state-owned and inefficient. What is working and saving Brazil from blackouts is what they want to make…

  2. These politicians are tough guys, they don't have a shred of shame in proposing such nonsense. Some time ago, another northeastern politician (I don't remember which state and whether it was state or federal) wanted to charge royalties from wind generators. Just to give an example of how they are useless and just want to increase their own benefits. Recently a bridge collapsed in a small city in Rio Grande do Sul and the population was unable to wait due to the inaction of local politicians, who gave a deadline of 2 years to rebuild at a cost of around 25 million. The population got together, raised the money and in a few months built the new bridge at a cost of around 6 million (approximately 1/4 of the cost). An exclusively private initiative, which demonstrated in practice how inefficient and exploitative the state is. Bringing it to our area of operation, distributed generation has already placed on the roofs, the equivalent of a little more than 1.5 Itaipu in generation power. Without a single cent from the government and with these politicians throwing stones and creating ever greater obstacles. They want us captive and working for them to enjoy eternally. It's hard to bear it.

  3. As always, politics trying to justify the unjustifiable. How do they intend to “measure” this land use compensation? How to say what use could fit there and which resources would be harmed in this situation? This is unfeasible and when the situation is one of confusion, anything is possible. I hope this doesn't go forward. In truth.

  4. Shameful, irrational, I don't know what else to say.
    Only in Brazil do you have this type of people, they just try to find flaws, they don't see what's good.
    Scoundrels…

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