Energy transition in the public sector

Busy times for the public sector as instigator and director for the theme of energy transition. The preparations for the implementation of the Dutch Environmental and Zoning Act and the Heating Law II require both time and attention. The changes that need to be made are significant. It is important for your organisation to adapt to the new reality. This adaptation applies to both the organisation and the execution, and must be approached from a strategic, legal, fiscal as well as financial perspective. Society expects municipalities to initiate enhanced sustainability and energy efficiency in urban areas.

Regional Energy Strategy (RES)

For the energy transition to be successful in a broad sense, cooperation and partnership within the local regions and participation by all stakeholders are necessary prerequisites. In the Dutch Climate Accord 30, energy regions in the Netherlands have agreed to investigate the most efficient manner of producing sustainable energy. In the Regional Energy Strategy (RES), every energy region describes its choices. Provinces, municipalities, public organisations and private parties cooperate to contribute to implementing the RES in their region in a structured manner.

Heating Act

Drafting a vision on the transition to heat with a solid plan of execution; the authority to appoint heating lots; the designation of a heating corporation in a transparent and non-discriminatory manner; awarding concession agreements for the construction and exploitation of a heating network: these are all examples of situations in which municipalities are in the lead so the market can get to work. It requires a concerted effort between municipalities, healthcare institutions, housing corporations, education institutions and other users of buildings with a public function.

Environmental and Zoning Act

The Environmental and Zoning Act is expected to enter into force on 1 January 2022. It is important to adjust to the new act in a timely manner. Under the Environmental and Zoning Act, municipalities must draft a vision and plan the future achievement of environmental goals. Municipalities need to make a choice for a borough-based approach and determine the way the urban areas are to be disconnected from fossil fuels. Municipal ICT networks and systems must be changed to connect to the national Digital Mainframe Environmental and Zoning Act. Municipalities must train and educate their employees to prepare them for their future tasks and responsibilities.

Existing responsibilities of executive agencies and chain partners may significantly change from 1 January 2022 onwards. The service agreements, partnership agreements and financial arrangements with executive agencies and chain partners must be altered prior to the Environmental and Zoning Act entering into force. For example, there must be due consideration of process agreements, responsibilities for the notification and licensing obligations, reconnaissance of initiatives, supervision and enforcement, pricing and terms of payment.

How can we help you?

As specialists in the industry with knowledge of relevant laws and regulations, we are aware of the efforts you have to make. You can count on us. Irrespective of whether it concerns a procurement procedure for a concession for heating companies or the design and implementation of a policy for participation by stakeholders. We are ready to provide our services to you based on co-creation. Our specialists in state aid, procurement law, zoning laws and regulations, administrative law, subsidy law, environmental law, corporate law, competition law, but also for fiscal and financial questions, are ready to assist you and the partnerships in which you are involved.

It would be our pleasure to aid you in mitigating negative effects on nature and the environment and creating a sustainable society.

Examples of how PwC assists clients

We are part of an international network of specialists and assist in cross-border, European or other international projects in the energy transition:

Cooperation of European TSOs
Advising notable European transmission system operators (TSO) regarding the cooperation with other TSOs

Housing corporations and sustainability
Drafting procurement policy and internal protocols conforming to the ambition and strategy of different housing corporations around sustainability.

EOR report
Advising on a declaration of equivalence of an EOR report on new construction regulations with respect to the NEN and the Construction Decree of 2012 for residual heat and renewable energy.

Regional Deals
Design and creation of a public-private partnership for the execution of a Regional Deal from a legal, financial and organisational perspective.