energies

Article
List of Issues That Require Legal Regulation as Part of the
Renewable Energy Regulation in Component States
of Federation
Evgeniy Kirichenko 1 , Ksenia Kirichenko 2, * and Anna Kirichenko 3

1 Department of Public and International Law, Kuban State Agrarian University named after I.T. Trubilin,
350004 Krasnodar, Russia; lbcs@yandex.ru
2 Physical Chemistry Department, Kuban State University, 350040 Krasnodar, Russia
3 Department of Electric Engineering, Thermotechnics and Renewable Energy Sources, Kuban State Agrarian
University named after I.T. Trubilin, 350004 Krasnodar, Russia; kir89ann@gmail.com
* Correspondence: ksenia8kirichenko@gmail.com

Abstract: The transition to renewable energy is strongly affected by legal regulation. To increase
the efficiency of the introduction of renewable energy into the energy systems of component states
of federations and accelerate the energy transition, it is necessary to carry out systematic work to
improve regional legislation in this area. The purpose of this study was to analyze the current
regulatory legal acts on the renewable energy of the regions of a number of countries such as the
USA, Germany, India, Switzerland and Russia in order to form a universal list of issues that need
regulation at the regional level. The main methods for achieving the objectives set in this study were
the comparative legal method and the method of analysis and synthesis. As a result, a number of
recommendations were developed describing how legal relations primarily need to be regulated
by regional legislation, and examples of different approaches to their settlement were presented.
The issues in need of legal regulation were divided into three groups according to the degree of
importance of their regulation by the legislation of the component state of the federation. Further
development of this study will be aimed at identifying the most effective industrial practices for
resolving each of the issues included in the compiled list which will help improve the efficiency of
regional legal regulation of renewable energy.
Citation: Kirichenko, E.; Kirichenko,
K.; Kirichenko, A. List of Issues That Keywords: renewable energy source; green transition; energy law; regional legislation; renewable
Require Legal Regulation as Part of
energy policy; regional law; national legislation; lawmaking; environmental law
the Renewable Energy Regulation in
Component States of Federation.
Energies 2024, 17, 747. https://
doi.org/10.3390/en17030747
1. Introduction
Academic Editor: Peter V. Schaeffer
The transition from fossil fuels to renewable energy sources is one of the most im-
Received: 19 October 2023 portant tasks of our time, which is expedient from the point of view of reducing carbon
Revised: 29 January 2024 dioxide emissions [1], ensuring energy security [2] and preserving exhaustible raw mate-
Accepted: 2 February 2024 rials [3]. Successful implementation of renewable energy is determined by a number of
Published: 5 February 2024 factors, including policy and legal regulation in this area. There are a number of works
describing the experiences of different countries with the implementation of renewable
energy and demonstrating the impact of policies [4], climate factors and level of economic
development [5] on the success of such implementation. It should be noted that climatic
Copyright: © 2024 by the authors. and demographic factors may differ significantly between different territories of the same
Licensee MDPI, Basel, Switzerland.
country, and in the case of federations, differences in government policies can be expected.
This article is an open access article
Consequently, to increase the efficiency of the introduction of renewable energy into the
distributed under the terms and
energy systems of constituent entities of federations and to accelerate the energy transition,
conditions of the Creative Commons
it is necessary to carry out systematic work to improve regional legislation in this field.
Attribution (CC BY) license (https://
One of the ways to ensure sustainable development is the formation of legislation based
creativecommons.org/licenses/by/
4.0/).
on a methodology (Figure 1) based on replication and adaptation of the experience of

Energies 2024, 17, 747. https://doi.org/10.3390/en17030747 https://www.mdpi.com/journal/energies

Energies 2024, 17, x FOR PEER REVIEW 2 of 24

Energies 2024, 17, 747 2 of 24

legislation based on a methodology (Figure 1) based on replication and adaptation of the

experience
legal of legal
regulation regulation of
of renewable renewable
energy in theenergy
componentin thestates
component states
of various of various that
federations fed-
erations that most successfully implement such energy installations in their
most successfully implement such energy installations in their territory. An important territory. An
important component of this methodology is a list of issues that need legal regulation
component of this methodology is a list of issues that need legal regulation at the level of at
the level legislation.
regional of regional legislation.

Collection of relevant data

Working with a list of issues that need legal

regulation
Formation of a hierarchical system of normative
legal acts and local government acts

Development of a regional law

Making necessary amendments to other affected

regional laws
Reforming the system of regional authorities to
bring it in line with regional law
Development of a regional program
(or a subprogram)
Development of municipal acts inferior in legal
force to the laws of the region
Componentsofofthe
Figure 1. Components themethodology
methodologyforfor the
the development
development of of regional
regional legal
legal regulation
regulation of
of re-
newable energy.
renewable energy.

For
For the
the effective
effective use
use of such, it
of such, it is
is necessary
necessary to to determine
determine the the scope
scope of
of legal
legal regulation
regulation
and
and the
the forms
forms of its implementation
of its implementation available
available toto each
each region. In federal
region. In federal states,
states, the
the division
division
of
of power between the central government and component states is usually entrenched in
power between the central government and component states is usually entrenched in
the
the fundamental
fundamentallaw lawofofthe country.
the country. Most of the
Most fundamental
of the fundamentallawslaws
predate the widespread
predate the wide-
adoption of energy
spread adoption installations
of energy based on
installations renewable
based energyenergy
on renewable sources, so relations
sources, in the
so relations
field of renewable energy are in most cases unregulated by fundamental
in the field of renewable energy are in most cases unregulated by fundamental laws. laws. At the same
At
time, the main part of legal relations in the field of renewable energy
the same time, the main part of legal relations in the field of renewable energy is an ele- is an element of
energy law and energy policy; therefore, if the fundamental law of
ment of energy law and energy policy; therefore, if the fundamental law of the country the country provides
for the classification
provides of energyofasenergy
for the classification the exclusive subject of
as the exclusive jurisdiction
subject of the central
of jurisdiction of the gov-
cen-
ernment, the subject of joint jurisdiction or the subject of jurisdiction of the regions, this
tral government, the subject of joint jurisdiction or the subject of jurisdiction of the regions,
includes renewable energy. For example, in Switzerland, the constitution assigns special
this includes renewable energy. For example, in Switzerland, the constitution assigns spe-
responsibility to the cantons for measures relating to energy consumption in buildings [6].
cial responsibility to the cantons for measures relating to energy consumption in buildings
Renewable energy development could also be influenced by the policies of other fields,
[6]. Renewable energy development could also be influenced by the policies of other fields,
such as innovation policy [7], that also may have its regional level. In addition, energy
such as innovation policy [7], that also may have its regional level. In addition, energy
transition policy largely inherits national regulatory styles [8].
transition policy largely inherits national regulatory styles [8].
In countries that consider energy to be a regional responsibility, the need for legal
In countries that consider energy to be a regional responsibility, the need for legal
regulation of renewable energy at the regional level is obvious; therefore, the necessity
regulation of renewable energy at the regional level is obvious; therefore, the necessity of
of existence of such legislation needs no further discussion. In states that classify energy
existence of such legislation needs no further discussion. In states that classify energy as
as a subject of joint jurisdiction, each particular case must be considered separately. If
a subject of joint jurisdiction, each particular case must be considered separately. If federal
federal legislation is sufficiently developed, and the region does not have unique climatic,
legislation is sufficiently
demographic or economic developed, and thethat
characteristics region doesbenot
cannot haveinto
taken unique climatic,
account demo-
in general
graphic or economic characteristics that cannot be taken into account
federal laws, there is no direct need for regional legislation. The adoption of norms that in general federal
laws, there
duplicate is no direct
federal needisfor
legislation notregional
a seriouslegislation.
problem for The
theadoption of norms
legal system, but itthat
alsoduplicate
does not
contribute to the development of regulated legal relations. But in most cases, federations
Energies 2024, 17, 747 3 of 24

are large countries covering several climatic zones, and the component states have quite
unique characteristics including those that matter for the introduction of power plants
based on renewable energy sources and for the development of the energy network as
a whole, so that direct federal regulation would be less expedient than the adoption of
regulatory legal acts in the region itself.
In countries that directly attribute energy to the exclusive powers of the central
government, the issue of legal regulation of renewable energy cannot be raised. But
even in countries where regulation is carried out primarily at the federal level, component
states may still have mechanisms to limit or stimulate the development of renewable
energy by regulating other related relations. In the Federal Republic of Germany, energy
regulation, including renewable energy, is predominantly federal, but, for example, North
Rhine-Westphalia has adopted a regional climate package of acts, which includes goals
for the development of carbon capture and storage projects, since there are no federal
projects in this area yet developed [9]. And this package can have an impact, among other
things, on the development of renewable energy. In addition, different states can use
different building codes for these purposes; in the same North Rhine-Westphalia, there
was a restriction of 1 km between a wind turbine and residential buildings [10] and on the
placement of such devices in forested areas, which were eventually eased [11].
Studies that compare several countries [12–14] show that the correlation between
the climatic and demographic potential of renewable energy power plants and the actual
success of their implementation is not always completely direct. It continues at the regional
level as well; for example, in Alabama, USA, a state with enormous climatic potential
for renewable energy, especially solar energy, renewable energy generation is rather un-
derdeveloped. One of the serious factors that affects the implementation of renewable
energy generation besides the climatic and other resource potentials is the regulation of
this industry within the component state. In a region in which all legal relations in the
renewable energy field are precisely and clearly defined, and from the content of regional
laws and local acts it is obvious that the population and the authorities of the region intend
to increase the share of renewable energy in the overall power generation, large investments
in energy and infrastructure are more likely to be made, and small consumers will more
easily transit to renewable energy from traditional energy sources.
Legal regulation of renewable energy by adopting only one law with a number of
substantive rules, without a set of acts that provide procedural regulation, may also not
lead to any results. For example, in the state of Iowa, USA, an act focused on the production
of alternative energy was adopted back in 1983, but due to the lack of necessary enforcing
provisions it was not actually implemented until 1996 [15]. This highlights the importance
of the systematic and comprehensive development of renewable energy regulation.
Hence, a structural and substantive analysis of the legal norms regulating renewable
energy power plants in component states that are the most successful with implementing
renewable energy generation, taking into account their defining climatic, economic and
demographic features, would allow for the development of a methodology for the compo-
sition and improvement of effective regional legislation in the renewable energy field.
The unified methodology for the development and reform of regional legislation in
the renewable energy field for different component states of the same country also has the
advantage of uniformity of legal regulation. Although some flexibility must be maintained
to maintain efficiency, a unified structure of regulations, a similar system of regulatory
bodies and other reproducible factors can ensure this uniformity. This, first of all, facilitates
the work of government and corporate lawyers in organizations that have representative
offices and own power plants in several component states of the federation. But it also
makes life easier for small consumers, who will not have to face additional difficulties after
changing their region of residence within the country.
Some states practice the formation of such methods in relation to their own legal
systems. The Conference of Cantonal Energy Directors, which brings together regional
Energies 2024, 17, 747 4 of 24

bodies that regulate renewable energy in the cantons, has developed a set of joint model
cantonal provisions in the energy sector [16], which it updates as necessary [17].
Also, the development of legislation based on a methodology designed for its long-
term support and evolution adds political stability. Investors who committed money into
renewable energy must be confident that the development strategy will not change, at least
in the medium term, and that renewable energy power plants will not lose support [18].
This study is intended to compensate for the lack of methodological materials aimed
at improving the development of legislative techniques. Regional legal regulation of
renewable energy is implemented in federations everywhere, given a suitable climate, but
theoretically grounded guidelines for its development remain rare. Such methodological
recommendations can help to strengthen the link between basic legal science and regional
lawmaking bodies, to facilitate the development of a normative legal act in case of the need
for its early adoption, when there is no possibility to conduct independent detailed research.
The purpose of this study was to formulate a universal list of issues that must be
regulated by regional legislation in order to implement effective legal regulation of renew-
able energy in a region. For this purpose, it was necessary to fulfill a number of tasks: to
determine which component states are most effectively implementing renewable energy,
taking into account the possibility of reproducing their experience; to establish which
issues are regulated most frequently in the legislation of these regions; to analyze what the
purpose was behind the inclusion of the identified items in corresponding legislations and
how this experience can be reproduced.

2. Materials and Methods

The first part of this study was carried out by analyzing the legislation of the regions
of the Russian Federation. The team of authors better understands their political and legal
structure and is able to more competently compare the instruments of legal regulation with
the general opportunities provided by the legal system, the geographical characteristics of
the federation and its component states.
The initial basis for this study was the legislation on renewable energy of the Russian
Federation, in which, at first glance at Art. 71 of the Constitution [19] which lists subjects
under the exclusive jurisdiction of the federation, the impression might be formed that
regions cannot deal with the topic of regulating renewable energy since there is a “federal
power systems” clause. However, due to the absence of a definition of the concept of federal
power systems in the legislation, and the fact that the draft of federal law “On Federal Power
Systems” was withdrawn from consideration more than twenty years ago and was never
resubmitted to the parliament, at present the component states of the Russian Federation
carry out regional regulation of energy including power plants based on renewable energy
sources. In addition, if in the absence of a legal interpretation of the term “federal power
systems”, its literal interpretation is considered, and then renewable energy power plants
that are in most need of a special legal regime, specifically those designed for small- and
medium-sized consumers and not connected to the electricity grid, will not be covered
by the aforementioned law; with the reduction in powers of the component states of the
Russian Federation in the field of energy, this part of it will remain unchanged.
Despite the fact that the first stage of research was carried out on the basis of the
regional legislation of the Russian Federation, the hypotheses developed in the process
were confirmed or studied by cross-checking them during the analysis of the regional
legislation of a number of other countries, such as the United States of America, the Federal
Republic of Germany and others. With all the features associated with political processes,
the Russian Federation still serves as a good basis for such study since its regions are
very diverse in climate, demographics, economics, in the availability of traditional energy
sources and in the prevalence of grid connection. A large amount of raw hydrocarbon
reserves, large hydroelectric power plants and nuclear power plants may seem to be a
significant distorting factor, since for many component states of the Russian Federation
the introduction of renewable energy power plants is a matter of environmental priorities,
 diverse in climate, demographics, economics, in the availability of traditional energy
sources and in the prevalence of grid connection. A large amount of raw hydrocarbon
reserves, large hydroelectric power plants and nuclear power plants may seem to be a
significant distorting factor, since for many component states of the Russian Federation
Energies 2024, 17, 747 5 of 24
the introduction of renewable energy power plants is a matter of environmental priorities,
ensuring “carbon neutrality” and maintaining the energy security of the region and indi-
vidual settlements, but the existence of a number of regions in which there are serious and
ensuring “carbonobstacles
insurmountable neutrality” and maintaining
to energy supply from the traditional
energy security energy of the region
sources, onand
theindi-
con-
vidual settlements, but the existence of a number of regions in which
trary, ensures the diversity and the meaning of the regional legal regulation. In addition, there are serious and
insurmountable
access to a largeobstacles
amount to of energy supplyraw
hydrocarbon frommaterials
traditional energy
itself doessources,
not mean on low
the contrary,
demand
ensures the diversity and the meaning of the regional legal regulation.
for green technologies. For example, in the USA, the state of Texas is a leader in the In addition, access
pro-
to a large amount of hydrocarbon raw materials itself does not mean
duction of crude oil and natural gas, but at the same time it is a leader in the generation low demand for green
technologies.
of wind energy Forand
example,
is second in the USA,
in the the state
country of Texas
in solar is a leader
energy. The key in components
the production of
of the
crude oil and natural
methodology are notgas,tiedbutto at the same
specific time it isbut
territories a leader in theat
are aimed generation of wind
creating tools thatenergy
allow
and is second in the country in solar energy. The key components
for the development of norms taking into account the defining features of the region. Most of the methodology are
not tied to specific territories but are aimed at creating tools that allow for the development
of the methodology is devoted to answering not the question “How to regulate correctly?”
of norms taking into account the defining features of the region. Most of the methodology
but the question “What needs to be regulated and what options are there to do this?”.
is devoted to answering not the question “How to regulate correctly?” but the question
Hence, the entire methodology, or at least most of its provisions, including the questions
“What needs to be regulated and what options are there to do this?”. Hence, the entire
discussed here that require legal regulation at the regional level, can, with certain adjust-
methodology, or at least most of its provisions, including the questions discussed here
ments to the legal system and the nature of the relationship between the federal and the
that require legal regulation at the regional level, can, with certain adjustments to the legal
regional governments, be reproduced in other countries even if they differ in the energy
system and the nature of the relationship between the federal and the regional governments,
balance.
be reproduced in other countries even if they differ in the energy balance.
After completion of the first stage of this study, when the main working hypotheses
After completion of the first stage of this study, when the main working hypotheses
were formed, and the mechanism for analysis of the regional legislation was worked out,
were formed, and the mechanism for analysis of the regional legislation was worked out,
in order
in order to to expand
expand the thebase
baseofofsources,
sources,double-check
double-check and
and supplement
supplement thethe
formulated
formulated hy-
potheses and increase the flexibility of the developed methodology,
hypotheses and increase the flexibility of the developed methodology, this study was this study was broad-
ened on theonlegislation
broadened of component
the legislation states states
of component of other of federations
other federationsthat successfully imple-
that successfully
ment renewable
implement energy.
renewable energy.
Important sources
Important sources of of information
information for for Russian
Russian regions
regions are are investment
investment ratings
ratings in in the
the
field of renewable energy sources, and the main of which is
field of renewable energy sources, and the main of which is the rating compiled by the the rating compiled by the
Russia Renewable Energy Development Association
Russia Renewable Energy Development Association (RREDA) [20]. (RREDA) [20].
The algorithm
The algorithm for fordetermination
determination of ofsuccessfulness
successfulness in inimplementation
implementation of ofrenewable
renewable
energy(Figure
energy (Figure2) 2)isisas
asfollows.
follows.

Stage 0. Establishment of criteria of

comparison

Stage 1. Search for source values to

be analyzed

Stage 2. Calculation of derived

analyzed values

Stage 3. Comparison of values with

criteria

Stage 4. Conclusions

Figure2.2.Algorithm
Figure Algorithmfor
fordetermination
determinationofof regions
regions most
most successful
successful with
with implementing
implementing renewable
renewable en-
energy.
ergy.
At the preliminary stage (Stage 0), performance evaluation criteria are established by
which the regions under consideration will be assessed, and the baseline values for the
comparison are found. The selection of criteria depends on the purpose of the study. In our
study, the baseline for gross potentials of renewable energy sources was the average value
for the regions of federation, and the baseline value of any other value was the average
value from those regions that generate meaningful amounts of renewable energy.
Energies 2024, 17, 747 6 of 24

At Stage 1, the values for comparison that cannot be calculated are obtained from
external sources. The types of values include gross potentials of renewable energy sources,
installed capacity of renewable energy power plants and all types of power plants, total
annual energy generation and annual renewable energy generation, capacity of newly
installed renewable energy power plants and funding provided by government programs
aimed at aiding the implementation of renewable energy. The potential of renewable energy
sources in each region is obtained from maps and directories of renewable energy resources,
energy agencies, government statistical bodies and other sources. The source data on
the installed capacity of generating facilities and the amount of energy generated and
consumed per year are found in reports of federal and regional energy network operators,
reports on the operation of generating facilities, data from energy agencies, statistical bodies
of the state and other sources. The budgets of funding of measures for the development
of renewable energy can be found in texts of federal and regional programs aimed at
increasing energy efficiency, energy saving and the use of renewable energy sources and in
reports of energy agencies, statistical bodies of the state and other sources.
At Stage 2, the derived values are calculated from the source data or found in the
sources that report such values. The derived values include share of energy generated by
renewable energy installations from the total gross energy potential, the share of renewable
energy generation in the regional energy balance, the share of renewable energy in fulfill-
ment of regional energy demand, the installed capacity of renewable energy power plants
sufficient for fulfillment of the existing deficiency of regional energy balance, the installed
capacity of renewable energy power plants that would allow fulfilling regional energy
demand solely by renewable energy sources, funding spent per unit of installed capacity of
renewable energy power plants and funding spent per unit of generated renewable energy.
The share of energy generated by renewable energy installations from the total gross
energy potential can be determined for each type of renewable energy source separately and
for the total gross potential of renewable energy sources using the following (Equation (1)):

ηRGP = WRES /WGP , (1)

where WRES is the annual generation of energy from renewable energy source, kWh,
and WGP is the annual gross potential of renewable energy source, kWh. However, this
parameter significantly depends on the area of the region under consideration. In order to
reduce the effect of area, the values of the specific gross potential and specific generation
can be used for calculations by Equation (2):

ηSRGP = WSRES /WSGP , (2)

where WSRES is the specific energy generation by a renewable energy installation per
1 km2 of occupied area, kWh*km−2 ; WSGP is specific gross potential of the energy source,
kWh*km−2 . It should be noted that for different types of renewable energy sources, this
parameter will significantly differ since the conversion coefficient of different types of
energy resources significantly varies.
The share of renewable energy sources in the energy balance of the region shows
the contribution of renewable energy power plants in the total energy generation; this
parameter allows assessing the scale of implementation of renewable energy sources in
the region. It should be noted that for regions with large energy production, it is more
difficult to achieve high values of this parameter since the total capacity of renewable
energy power plants must also be high. A similar parameter is the share of renewable
energy sources in fulfillment of the energy demand of the region. Here, it is important to
note that larger demands are harder to fulfill, and in evaluation of success of introduction
of renewable energy facilities, smaller absolute value of renewable energy generation may
result in larger values of generation-to-demand ratio if the demand itself is modest; see
an example in Figure 3, where moderate generation in the Russian region of the Republic
of Kalmykia covers a much larger fraction of regional demand in comparison with the
 sources in fulfillment of the energy demand of the region. Here, it is important to note that
larger demands are harder to fulfill, and in evaluation of success of introduction of renew-
able energy facilities, smaller absolute value of renewable energy generation may result
Energies 2024, 17, 747 in larger values of generation-to-demand ratio if the demand itself is modest; see an ex-
7 of 24
ample in Figure 3, where moderate generation in the Russian region of the Republic of
Kalmykia covers a much larger fraction of regional demand in comparison with the much
larger
much generation of Stavropol
larger generation regionregion
of Stavropol covering a smaller
covering fraction
a smaller of regional
fraction demand.
of regional This
demand.
parameter
This parameter is especially relevant for energy-deficient regions, since these regionsen-
is especially relevant for energy-deficient regions, since these regions are are
ergy-dependent,
energy-dependent, which negatively
which affects
negatively theirtheir
affects energyenergysecurity. For such
security. regions,
For such it is nec-
regions, it is
essary to determine
necessary whatwhat
to determine installed capacity
installed of renewable
capacity of renewable energy power
energy plants
power will be
plants suf-
will be
ficient to cover the demand of the region. To analyze the effectiveness of government
sufficient to cover the demand of the region. To analyze the effectiveness of government in-
centives forfor
incentives thethe
useuse
of renewable
of renewable energy sources,
energy it isitnecessary
sources, to estimate
is necessary the the
to estimate increase in
increase
power per budget spent on funding of the incentive.
in power per budget spent on funding of the incentive.

Totalannual
Figure3.3.Total
Figure annualgeneration
generationfrom
fromrenewable
renewableenergy
energysources
sourcesand
andits
itsrole
rolein
inenergy
energybalance
balanceof
of
severalregions
several regionsofofthe
theRussian
RussianFederation.
Federation.

AtStage
At Stage3,3,the
theassessment
assessmentofofsuccess
successofofthe
theintroduction
introductionof ofrenewable
renewableenergy
energypower
power
plants in energy systems is carried out by comparing calculated parameters
plants in energy systems is carried out by comparing calculated parameters with baseline with baseline
valuesin
values inestablished
establishedcriteria.
criteria.Based
Basedon onthe
theresults
resultsofofthe
theassessment,
assessment,atatStage
Stage44the
theregions
regions
are ranked by successfulness of implementation of renewable energy
are ranked by successfulness of implementation of renewable energy power plants into power plants into
regional energy systems.
regional energy systems.
For each region examined, the existence of legal regulation of renewable energy and
For each region examined, the existence of legal regulation of renewable energy and
energy in general in the statutory document of the region was checked. This is not the
energy in general in the statutory document of the region was checked. This is not the
most common occurrence, but examples include Alaska, USA, where a grant fund for
most common occurrence, but examples include Alaska, USA, where a grant fund for the
the development of renewable energy is provided for in the statutory document [21],
development of renewable energy is provided for in the statutory document [21], and
and North Dakota, USA, where renewable energy targets are included in the Century
North Dakota, USA, where renewable energy targets are included in the Century Code
Code [22]. Then, the specialized thematic regional laws dedicated to renewable energy
[22]. Then, the specialized thematic regional laws dedicated to renewable energy were
were considered. Then, regional laws on energy saving and increasing energy efficiency, if
considered. Then, regional laws on energy saving and increasing energy efficiency, if they
they contained provisions related to renewable energy, were analyzed. Then, the provisions
contained provisions related to renewable energy, were analyzed. Then, the provisions on
on power plants operating on the basis of renewable energy were searched for in the
power plants operating on the basis of renewable energy were searched for in the regional
regional laws on ecology, on investment activities, on land-use procedures, on limiting of
laws on ecology,impact,
anthropogenic on investment activities,
on tax benefits andonconcessions,
land-use procedures, on limiting
on administrative of anthro-
responsibility,
pogenic impact, on tax benefits and concessions, on administrative responsibility,
on gasification and on farming. Acts inferior in legal force to the laws of the region on were
gas-
ification and on farming. Acts inferior in legal force to the laws of the
also added to the consideration, such as regional government-funded programs dedicated region were also
added to renewable
solely to the consideration,
energy and suchto as regional
energy savinggovernment-funded
or renewable energy programs dedicated
and provisions on
solely to renewable energy and to energy saving or renewable
competitions and investment projects in the field of renewable energy. energy and provisions on
competitions
We studiedandtheinvestment projects in
regional programs ofthe
thefield of renewable
federative energy.
entities that were most successful in
implementing renewable energy in their regions, if these programs were entirely dedicated
to renewable energy, had a subprogram dedicated to renewable energy or had a broader
theme but had a significant set of activities aimed at renewable energy development. If
an eligible region simultaneously implemented several different programs devoted to
renewable energy, we did not make any additional selection but included all programs
with activities devoted to renewable energy development in our analysis. Additionally, we
Energies 2024, 17, 747 8 of 24

also supplemented the individual theses with programs from other entities if they used
unusual methods and approaches.
For each region, a list of bodies was compiled with indication of the limits of their
powers in the field of regulation of renewable energy sources. The most important acts
adopted by these bodies that determine the legal status of renewable energy sources in the
region were also added to the system of regulatory legal acts.
An analysis was carried out of the appropriateness of the use of technical terms in the
reviewed regulatory legal acts. The numerical values of physical quantities were scrutinized
and compared with climatic conditions and operational characteristics of renewable energy
installations. In certain provisions of regulatory legal acts that were related to the legal
regulation of the direct operation of power plants, the consideration of the power plant
design as well as the process of their construction, commissioning, scheduled maintenance,
emergency repairs, decommissioning and dismantling were analyzed.
Further work on analyzing the content of the formed base of regulatory legal acts
regulating renewable energy in the constituent entities began with compiling a list of legal
regulation issues raised in them. From all the texts of normative legal acts of each examined
region, a list of issues regulated in them was formed. From these, a consolidated list was
compiled where the issues were sorted by weight, and the weight was determined by the
number of regions in which the issue was regulated. The final consolidated list included
issues that were regulated in more than half of the regions under consideration, and the
present article focuses on eight issues that received the greatest weight based on the results
of the analysis.
Legal principles were identified that were followed in each of the component states
in lawmaking in the field of renewable energy. Also, the analysis of legal principles was
supplemented by the analysis of the purposes of laws, if they were declared in them. A list
of additional positive practices was also compiled, the adoption of which should have a
positive impact on the effectiveness of legal regulation of renewable energy by a specialized
regional law, and justifications for the usefulness of these practices were prepared.

3. Results and Discussion

3.1. The List of Questions Is an Important Component of the Methodology
The list of questions that require legal regulation at the regional level is one of the
key components of the methodology for improving regional legislation in the field of legal
regulation of renewable energy power plants. The determination of a list of questions
that are regulated by the legislation of regions that are most successful in implementing
renewable energy was precisely one of the primary tasks in developing the methodology.
Many other components of the methodology represent a detailed disclosure of options
for legal regulation of each of the questions that need such regulation. The methodology
is meant to be modular, and each individual component can be used independently of
the others, but it seems most appropriate to consistently modernize legislation on all
proposed questions. Legal regulation of renewable energy at the regional level is usually
a complex system in which some elements significantly influence others. Gaps in the
resolution of some questions may devalue the achieved results in the legal strengthening of
the regulation of others. Hence, it is advisable to use the formulated list of questions that
need legal regulation as part of the regulation of renewable energy in a region.
In addition, one of the purposes of forming the list of questions is to serve as a kind of
checklist in writing a regional law on the regulation of renewable energy power plants or
an amendment to a number of regulatory regional legal acts that regulate these relations.
The list itself cannot suggest ready-made optimal solutions or eliminate conflicts, but its
use, adjusted for the energetic and demographic potentials of a component state and its
level of freedom in the legal regulation of this industry should help prevent the emergence
of gaps.
Energies 2024, 17, 747 9 of 24

3.2. The Need to Adopt a Separate Regional Law

There are three fundamentally different approaches to the legal regulation of renewable
energy at the regional level. Each of them has its own advantages and disadvantages, and
the choice rather depends on the current practice of industry legislation at the regional
level in a country.
The first approach is to adopt a specialized regulatory legal act specifically dedicated
to the regulation of renewable energy power plants. This approach is common, for example,
in the USA, where many states have their own regional acts, but in the Russian Federation,
as an example, only two regions can be cited—the Republic of Sakha (Yakutia) [23] and the
Krasnodar region [24], which are as dissimilar to each other as possible in terms of climatic
conditions, demographic and economic characteristics. This illustrates that the choice of
how to consolidate the norms governing renewable energy is determined precisely by the
legal practices adopted in the region.
The second approach involves establishing the norms governing renewable energy
power plants in sections of laws on energy saving or on increasing energy efficiency. The
third is the distribution of norms across a variety of regulatory legal acts on the environment,
building standards, gasification, heating and so on, without incorporating them into one
single document.
There are a number of advantages to adopting a specialized law dedicated exclusively
to renewable energy sources. Firstly, it simplifies the work of lawyers, small consumers and
investors in finding the necessary information before implementing the appropriate energy
installations. Secondly, it is easier to keep one normative legal act up to date and consistent
with both the economic and environmental agenda than track a set of norms distributed
across many normative acts. However, this effect is also achieved by creating a specialized
section in the law on energy efficiency. Thirdly, the adoption of a specialized law signals to
consumers and investors that regional authorities take renewable energy seriously. In most
countries of the world, only significant legal relations are regulated precisely at the level of
adoption of a separate regional law, and this increases confidence in regulated relations.
Undoubtedly, the key factor here is the prevailing practice in a country. The existence
of laws on renewable energy in other regions is a significant incentive for choosing this
particular approach for three reasons. First, the law could be developed based on the
norms of those regions that have been most successful in introducing renewable energy
power plants into their energy systems. Secondly, when other regions introduce promising
novels in law, it will be easier to adapt and reproduce them under the same structure
of legal regulation. Thirdly, investors coming from other regions, as well as small- and
medium-sized consumers who are relocating, will have the opportunity to work with
legislation similar to their previous experience.
On the other hand, all of the above points also apply to the situation where all the rules
governing renewable energy are collected in one section of the act dedicated to broader
energy topics. Here, however, it should be taken into account that a situation may arise
where in different regions these are sections of different laws (for example, on energy
saving, energy efficiency or regional energy systems), so in the matter of convenience this
approach is inferior to a specialized regulatory legal act.
The current practice in countries with regulation distributed over many acts is not
so appropriate for reproduction. When developing a regional law, one can still rely on
the norms of the most successful regions, simply adding the necessary fragments to the
consolidated act or references to the norms of other acts. At the same time, reproducing
practices by copying them into similar acts does not provide any advantages and, moreover,
may be complicated by the fact that the list of normative legal acts adopted by regions may
differ, or the subjects regulated by acts of the same name may differ.
The current practice in the Russian Federation clearly illustrates that the adoption
of a specialized regional law in itself is not a prerequisite for effective legal regulation of
renewable energy power plants. Nine of the ten regions which were found to be most
successful by the RREDA agency [20] do not have a specialized law. In four of these nine
Energies 2024, 17, 747 10 of 24

regions, the norms are collected in one law on a broader energy topic; in the rest, they are
distributed across a large list of regulatory legal acts. In the United States of America, some
states such as New Jersey, Washington and New York have dedicated laws on renewable
energy sources while a number of states, e.g., Illinois, have included renewable energy
regulation in their “clean energy” laws. This is a broader concept [25], but renewable
energy is an important part of it. The example of the legal regulation of renewable energy
in the Federal Republic of Germany also illustrates that the adoption of a specialized
regional law is not necessary, as none of the German lands have adopted one. Neither
approach demonstrates any obvious advantages when it comes to theoretical assumptions,
but there are advantages to the actual implementation of renewable energy power plants
into regional energy systems. When the state-level renewable portfolio standard was first
introduced in the United States of America, the studies showed its significant positive effect
on the development of renewables [26,27], but recent analysis [28] of the influence of state
and federal regulation on renewable energy generation “calls into question the need for
state-level renewable portfolio standard initiatives to mandate the adoption of renewable
electricity generating capacity”. Hence, the relative roles of federal-level and state-level
regulations and incentives remain unclear.
It should be noted that despite the current practice in the other regions of a country
and any other additional assumed advantages, if the region already has a regional law on
renewable energy, all further work should be carried out on its improvement. Changing
the approach and transferring norms to other regulatory legal acts is extremely undesirable.
Without abandoning the current law, this will create duplication of rules, leading to a
more complex legal framework that will not only confuse generator companies and energy
consumers but will also create room for mistakes by legislators. The repeal of a specialized
law might have two negative consequences. Firstly, the need to preserve its necessary
provisions in the form of norms of other normative legal acts so as not to miss anything,
not to create conflicts and not to complicate the structure of recipient acts creates a large
burden on the legislative body and its apparatus. Secondly, the cancellation of a regional
act of this type looks like a negative news feed, and if the media would not reflect the entire
context that the pre-existing norms will be preserved in other regulatory legal acts but
would present the news in a simplified manner, the investment climate for projects in the
field of “green energy” could be spoiled, and public protests among the environmentally
conscious population may arise.

3.3. Which Energy Sources Are Considered Renewable?

Regardless of whether the regional legal regulation of renewable energy power plants
is concentrated in one act or distributed over many, a list of questions that must be covered
by it might be determined, and the first such question is which energy sources are classified
as renewable in the regional legislation.
One of the reasons for the need to strictly regulate this question is that the use of
renewable energy might provide certain privileges, benefits and concessions, and it may
be beneficial for large business entities to lobby for the application of these measures
to their facilities that use energy sources different from traditional ones, even if they
are not considered renewable, taking advantage of gaps in legal regulation. The second
reason is that unscrupulous performers could also use an insufficiently strictly defined
list of renewable energy sources and use cheaper and simpler but less efficient and less
environmentally friendly technologies related to renewable energy in order to meet target
reported indicators.
It should also be taken into account that each region has its own unique resource
potential, and it is not always advisable to extend a privileged position to all existing
renewable energy sources, since the use of some of them in the region may be inappropriate
and may not suit the needs of both direct energy consumers and the entire population of
the region. For example, hydropower often does not require additional support because it
is more cost-effective than other renewable sources even without additional measures, it
Energies 2024, 17, 747 11 of 24

creates competition with other types of renewable energy and has a negative impact on
the environment.
If federal legislation has already adopted an exhaustive and unproblematic list of
renewable energy sources, there is no need to duplicate it at the regional level, and it would
be better to use the blanket norm.
If federal legislation does not contain a specific list but only provides a general descrip-
tion, if the list is open or if the list is completely absent, regulation at the regional level is
necessary. It may be enshrined in a separate article of a normative legal act or contained in
an article containing definitions of terms. Another way to establish such a list is a blanket
norm with reference to the acts that will contain it and will be inferior in legal force to the
laws of the region. This also makes sense as a temporary measure taken in order to simplify
the process if it is expected that changes will be made to the list. To avoid the previously
mentioned abuses, the list should be made closed and it should be based on environmental
and economic indicators and on the resource potential of the region.
The most unfavorable scenario for regional legal regulation is when federal legislation
approves a list of renewable energy sources, but it is not optimal for the region. In this
case, everything depends on the format of distribution of subjects of authority between the
central and regional governments. If the degree of freedom available to the region allows
changes to be made to the list of renewable energy sources, it is advisable to make a note in
the corresponding article that the list is relevant specifically for the region and differs from
federal legislation.
Sometimes, a situation may arise when, for both socio-economic and environmental
reasons, it would be advisable to equate one of the non-renewable energy sources with
renewable ones, extending all the provided benefits to energy installations based on them.
This is not the best practice, as it creates room for mistakes in the further maintenance and
reproduction of legislation, including possible mistakes in replication by other lawmaking
entities. It seems more reasonable either to adopt a separate regulatory legal act that
would indicate that, in certain aspects, power installations based on a given energy source
are subject to a legal regime similar to the regime set for power installations based on
renewable energy sources or to adopt a separate regulatory legal act in which the rules will
be duplicated.
For example, in California, USA, renewable energy sources encompass renewable
biomass (solid fuel, solid waste to energy and biogas), wind, solar, geothermal energy and
hydropower. The suitability of biomass-based energy for decarbonization and feasibility
of bioenergy-focused renewable energy systems is debated [29,30], and several studies
highlight the ecological disadvantages of growing crops specifically for biomass-based
energy generation [31]. At the same time, there is a discussion about the inclusion in this
list of some non-renewable technologies such as fuel cells that have the main advantages of
renewable ones [32]. The main criterion is the proximity to zero carbon footprint, that is,
decarbonization is the basis of the energy transition.
Sometimes, it was considered beneficial to encourage certain practices based on the
types of energy installations that are most in demand in the region. For example, in the
Indian state of Gujarat, additional incentives are provided for hybrid energy plants that
combine several energy sources [33].
A very detailed closed list of energy sources classified as renewable can be found not
in the regional legislation but in the federal act of Germany [9]. In the German Renewable
Energy Sources Act, the term “renewable energy source” covers “hydropower including
wave, tidal, salinity gradient and marine current energy, wind energy, solar radiation
energy, geothermal energy and energy from biomass including biogas, biomethane, landfill
gas and sewage treatment gas, and from the biologically degradable part of waste from
households and industry”.
Energies 2024, 17, 747 12 of 24

3.4. Terms
René Descartes argued that much controversy could be avoided if there was agree-
ment about the meaning of words. Despite the fact that energetics is an exact science,
many terms have definitions that allow for certain different interpretations. This can both
cause inconvenience and contain the potential for deliberate abuse. An example of this
inconvenience is found in [34], where the change in the legal definition of “small RES power
plant” from 50 kW–500 kW to 50 kW–1 MW in Poland on 30 October 2021 received the
following comment: “Some difficulties were encountered during the research, especially
related to amendments of legal definitions of the facilities investigated in Poland, and the
impossibility of comparing results in subsequent years.” The use of external sources such
as dictionaries, professional literature or established practice seems, at best, a compromise
solution. Regulatory legal acts establishing preferential regimes must clearly indicate who
can apply for them and in what cases, which means that any terms that may cause disagree-
ment must either be defined in the same act or in a document that is developed with the
participation of the same group of lawyers that works to regulate the fundamental law.
A situation may also arise when the terms are already defined at the level of federal
legislation. If their list is exhaustive and covers all the needs of the regional law, it is enough
to get by with a blanket norm, but if additional definitions of terms need to be approved, it
is advisable not to combine a reference to a federal act and several new definitions but to
duplicate all the necessary definitions, supplementing them with new ones.
If the definitions of terms are included in a separate regulatory legal act, with the legal
force of which and the authority required to amend them being lower than that of the main
regional law regulating renewable energy, an incompletely correct situation arises. The law
that regulates renewable energy in a region becomes partially determined by the content of
a regulatory legal act of lesser legal force.
There also are two main approaches to defining the terms directly in the laws in
which they are used. The first one involves listing all terms with their definition in a
separate article, usually one of the first in a regulatory legal act. The second approach is to
expand the definitions of terms as they appear in the text. The choice of approach primarily
depends on the legal technique adopted in the country and in the region, but in the aspect
of the considered topic the second approach has certain disadvantages. When amending
a normative legal act, it would have to be taken into account whether the new text uses
a term the definition of which is disclosed only in subsequent articles and whether it is
necessary to make corresponding changes.
When forming a terminological dictionary, it should be additionally checked for each
term whether it is possibly given a differing definition in other regional or federal regulatory
legal acts. If some terms are already defined and not in a context in which it is convenient
for the purposes of the renewable energy law, it is important to determine the legal force
of the act defining them. If it is not higher in legal force, a different definition of the term
can be introduced by adding the necessary clarifications about the context of use without
concern of possible abuse. Otherwise, it is worth checking whether the term itself can be
adjusted by adding a clarifying element to it which would narrow the use specifically to
the scope of renewable energy power plants.
To develop a terminological dictionary, it is advisable to form a working group that
includes lawyers and engineers—specialists in the field of renewable energy.

3.5. Principles
Renewable energy law is not a full-fledged branch of law, and even as a sub-branch of
energy law it is not singled out by all researchers of legal systems. Therefore, renewable en-
ergy law does not have a developed generally accepted traditional system of principles that
could work even without their direct consolidation in normative legal acts. Consolidating
the fundamental principles of operation is not a mandatory element of every regional law,
but since a normative legal act on renewable energy is exceptionally socially, economically
and environmentally significant, the formulation of principles in it seems appropriate. The
Energies 2024, 17, 747 13 of 24

system of principles allows the legislator to check whether further lawmaking activities are
being carried out in the correct direction and makes it easier for law enforcers and judicial
authorities to interpret other norms.
Before formulating the principles of regional legal regulation of renewable energy, it is
necessary to refer to both federal legislation and regional legislation determining broader
areas of activity.
If the principles are formulated in federal law, there is no direct need to introduce them
by regional legislation. But they can be duplicated or made use of with a blanket norm. It is
worth paying attention to the fact that the sphere of relations relating to renewable energy
is also covered by energy law; in addition, it is worth checking the presence of principles in
the legislation on energy saving or on energy efficiency.
Based on the analysis of the legislation of the component states of the Russian Feder-
ation and some component states of other federations, such as the USA and the Federal
Republic of Germany, it is possible to form a synthetic list of principles that would be rea-
sonable to use as the basis for regional legal regulation of renewable energy power plants.
This list is not mandatory and is only advisory in nature; it can be modified depending on
the characteristics of both the federation and each of its component states, and the list was
intended to be as universal as possible.
The principles in the list are arranged hierarchically in order of importance but,
depending on the priorities of the federation, the position of individual principles in the
list may shift; the current version of the list is relevant for the Russian Federation and for
countries with a similar approach to the legal regulation of energy.
The first principle is to ensure the energy security of the federation as a whole. In
most countries, the interests of the region in such an industry as power supply cannot
be placed above the interests of the entire country, and if some regional initiatives, for
example, the decommissioning of large power plants based on traditional energy sources,
create a real threat to the energy security of the entire federation, even if the distribution of
subjects of jurisdiction allows the region to carry this out, such actions should not be carried
out without creating joint working groups with the federal center in order to minimize
negative consequences.
The second principle is to ensure the uninterrupted and reliable operation of energy
facilities in the region itself. For entrepreneurs or other small- and medium-sized consumers,
a balance between the stability of energy supply and its environmental friendliness and
economic feasibility is a disputable matter, but the vital social infrastructure of the region
must reliably and uninterruptedly be provided with heat and electricity. Therefore, any
initiatives to introduce distributed generation or renewable energy sources for their energy
supply can only be considered if the condition of maintaining the previous level of reliability
of the operation of energy supply facilities is met.
For example, in Texas, USA, after a devastating snowstorm that left millions of peo-
ple without power, there was a rise in voices advocating for a reduction in the pace of
development of renewable energy in favor of more stable gas power plants [35], although
the advantages of such power plants in the conditions under consideration are debatable.
This region also provides examples of tools aimed at ensuring a stable energy supply; in
Texas [36], more money would be paid to companies that generate energy that will be
available when grid conditions are tight and, on the contrary, penalties are established
for those who are not ready to produce energy in a period of high demand, which was
supposed to stimulate owners of power plants based on renewable energy sources to
supply them with additional accumulators.
The third principle is maintaining a balance of interests between generating companies
and consumers. The transition to distributed generation and independent energy supply,
on the one hand, should be simplified as much as possible for the consumer, and on the
other hand, it should not create critical risks for generating companies in the region. Capital
investments in energy infrastructure, including linear facilities, can have extended payback
periods, and a systematic occurrence of a significant number of grid-connected consumers
Energies 2024, 17, 747 14 of 24

deciding to go off-grid can cause heavy losses to generating companies; therefore, it is

necessary to anticipatorily consider compensation measures that would soften this process
and prevent risks for those subscribers who would decide not to switch to distributed
generation and to remain connected to main power grids. Wyoming, USA, for example,
has attempted to impose a one-year moratorium on the construction of new renewable
energy power plants to protect the state’s traditional coal-fired power plants and to keep
energy rates from rising for ratepayers [37].
The fourth principle is to ensure the environmental safety of power generation and
to reduce the level of negative impact on the environment. Federations and regions can
decide to move this principle to the top of the list since it is of greatest importance from
the point of view of long-term planning and sustainable development of the region for
generations to come. The reduction of negative environmental impact caused by traditional
energy sources is the main motivation for the transition to renewable energy, valid even for
those regions that do not have a direct economic need for it. At the same time, the negative
impact may not be limited to the territory of the state itself. Thus, California, USA, declares
a responsibility to take steps to ensure that the state’s transition to carbon-free energy does
not lead to an increase in greenhouse gas emissions in the rest of the country [38].
The next principle is relevant only for countries that seek to increase their energy
autonomy and is to ensure the technological independence of the energy industry. Full
energy security is unattainable without the ability to support the operation of power plants
by means of local industry. To accomplish this, it is necessary to create economic incentives
for the development of the production of main and auxiliary generating equipment.
The sixth principle is to ensure the availability of information on the composition
and implementation of measures to realize state policy in the field of regulation of energy
installations based on the use of renewable energy sources. Regional government programs,
preferential regimes, subsidies and competitions gain maximum effectiveness as a tool for
increasing the share of renewable energy in the region only if information about them is
available to all interested parties. Governor J.B. Pritzker of Illinois, USA, listed “Strengthen
utility company transparency and ethics requirements” first among the principles that
represent guideposts for crafting a legislative proposal that puts consumers and climate
first [39]. Approaches to providing information will be discussed in a separate section of
the article.
The last principle is the recognition of the activities of legal entities and individuals
related to the production of energy by renewable energy power plants as environmentally
friendly activities. This approach allows the region to assign the appropriate incentives
and benefits to organizations that promote the introduction of renewable energy by manu-
facturing generating equipment, by installing and servicing plants, by providing technical,
economic or legal support for their operation and so on.
In addition to what is discussed above, there are also less common but also promising
principles that are recommended to be used. For example, in California, USA, one of the
principles is to influence policies in other sectors of the economy so that they promote the
development of renewable energy [38]. In Minnesota, USA, there are separate provisions
“ensuring that all Minnesotans share the benefits of clean and renewable energy and the
opportunity to participate fully in the clean economy” and “the provision of affordable
electric service to Minnesotans, particularly to low-income consumers” [40].

3.6. Energy Accounting

Fuel and energy resources accounting is a system of measures and technical means
the main purpose of which is to obtain information on the amount of extracted, produced,
processed, transported, stored and consumed fuel and energy resources.
Organization of fuel and energy resources accounting is the legal, organizational and
technical support for commercial and technical accounting of fuel and energy resources.
Accounting should be carried out at all technological stages and should not depend
on the scale of production and consumption. The organization of accounting relates to
Energies 2024, 17, 747 15 of 24

issues of standardization and metrology and is usually regulated in federations at the

federal level and does not need to be enshrined in regional legislation. The corresponding
section of the regional act contains norms that refer to federal acts establishing accounting
rules, duplication of federal norms and the establishment of a body of the executive branch
responsible for organizational issues of resource accounting in the region.
As a result, it can be concluded that for federations in which accounting falls under
the competence of the federal authorities, the corresponding section is not mandatory since
its content can be placed in other sections or in other regulatory legal acts without violation
of the internal logic of legal acts.
If the component states themselves determine the features of renewable energy re-
sources accounting, it is necessary to strive for maximum unification with other regions
of the federation, focusing on the uniformity of measurements using standardized instru-
mentation. This is also necessary for compliance with the principle of ensuring the energy
security of the state, since without proper organization of accounting the effectiveness
of any forecasting and assessment of the risks facing the country are reduced, and for
communication on energy issues between different component states of the federation.

3.7. Regulatory Bodies

The next step should be to enshrine the powers in the field of legal regulation of
renewable energy power plants for all federal and regional regulatory bodies directly
involved in the process.
Prior to listing the powers of bodies in the field of regulation of renewable energy in the
law, it is necessary to determine which bodies in the region actually have the corresponding
powers. This will certainly include the legislative body of the region since the very power
to adopt the normative legal acts regulating the legal status of renewable energy power
plants will already suffice. Next, it should be found whether the head of the region and the
head of executive branch of the region are vested with the appropriate powers (if the head
of the region is also the head of executive branch, the main executive body subordinate
to him or her should be checked). Then, it should be checked whether the region has a
regulatory body whose core competence includes resolving issues in the field of renewable
energy. Then, based on the previously drafted system of legal acts of the region regulating
renewable energy power plants, all the remaining bodies of regional government that have
separate powers in the considered field should be found. At the last step, it is necessary to
check whether local self-governments have the appropriate powers.
Enshrinement of all the powers of each body involved in the process of regulating
renewable energy in one regulatory legal act has several advantages and one disadvantage.
The disadvantage is that some of these norms will duplicate the norms enshrined in other
normative legal acts (for example, in regional laws on bodies of regional government), and
the legislator will need to ensure their timely synchronization in order to avoid conflicts.
The advantage for the legislator is that legal regulation organized in this way is easier to
improve and maintain. Such consolidation protects against assignment of the same power
simultaneously to several bodies and prevents both the risk of overburdening one of the
bodies with powers and responsibilities and the danger of involving an excessive number
of bodies in the regulation of simple relations, which overcomplicates the bureaucratic
part of regulation. In addition, enshrining the powers of all bodies in one legal act also
simplifies legal regulation.
For consumers, the advantages are the easier determination of the authority that needs
to be contacted to solve a specific problem and the simplification of the composition of a
step-by-step plan for renewable energy transition of their enterprise.
As an analysis of the current regional practice of legal regulation of renewable energy
shows, one of the most important conditions for increasing the efficiency of regulation is
the determination of the regulatory body responsible for renewable energy in the region. In
most cases, this is a body in the executive branch of the region, such as the regional Ministry
of Energy in which the corresponding department has been formed. The existence of a
Energies 2024, 17, 747 16 of 24

regulatory body, the main competency of which will include the introduction of renewable
energy into the energy structure of the region and a constant reporting indicator of which
will be the effectiveness of this implementation, simplifies interaction between the bodies
of the regional government, the local self-government and the consumers. The regulatory
body shall monitor the energy supply and demand and their structure in the state and
shall compose the recommendations for legislation and non-government initiatives that
will cause the necessary institutional and regulatory changes that would aid in achieving
the planned objectives of energy development in a manner that balances the interests of
involved bodies from the economy, environment and culture fields.
If the legislation of the country and the region allows, the regulatory body must have
the right of legislative initiative in the field of its jurisdiction and must be able to exercise
departmental control over the activities of other bodies and officials in the field within the
limits permitted by the general rules for similar bodies in the country acting in other fields.
To operate most effectively, the regulatory body must set targets for the development of
renewable energy in the region and must calculate the costs of innovation, which is the
ratio of actually obtained results to the funds spent to achieve them. These targets may
belong to one of the following but are not limited to: further introduction of renewable and
alternative energy to energy markets, increasing the number of research and development
and generating companies that work with clean energy technologies, adopting incentives
for commission and retrofitting of the existing generating facilities operating on alternative
and renewable resources. The absence of a directly designated regulatory body leads to
a dilution of authority and, most importantly, the dilution of responsibility. The need
to coordinate actions between a number of elements formally at the same level of the
system of bodies of regional government without a clearly defined leading one delays the
bureaucracy, hinders the response to challenges and threats and confuses the consumer
in their search for the body they need to contact to resolve their issue. At the same time,
in order for the regulatory body to perform its functions and be obliged to perform them
effectively, it is necessary to outline both its competence and responsibility, including
the forms of reporting on the work performed, in regional legislation as specifically and
unambiguously as possible.
For example, in California, USA, the regulator uses programs to implement energy
policy and reports to the state body of the legislative branch [38]. The report includes
an overview of current policies, including technologies used; forecasts; conclusions on
achievements in policy implementation; assessment of financial costs and benefits; barriers
to energy policy implementation; alternative scenarios for the development of renewable
energy in the region. This report structure can be used as a model of an annual report in
the responsibility of the regulatory body.
The regulatory body may not be selected from pre-existing bodies of the regional
government or be newly organized for this purpose by regional authorities but may be
established at the federal level and become uniform for every component state of the
country. For example, in India there are State Nodal Agencies which are appointed by the
federal Ministry of New and Renewable Energy [41].
The allocation of a regulatory body in the field of legal regulation of renewable energy
power plants does not pose any additional risks for democratic procedures, since the
practice of allocating regulatory bodies to individual fields at the regional level has been
repeatedly worked out, for example, in healthcare, tourism and education.
The powers of the legislative body of the region in most cases include the adoption of
laws and other regulatory legal acts in the field of regulation of renewable energy, including
those establishing, within acceptable limits, liability for violations in this area.
If regional parliamentary control is allowed in the country, the powers may include
monitoring the implementation of acts adopted by the legislative body in the field of
regulation of renewable energy, as well as monitoring the implementation of programs of
regional government if such programs exist.
Energies 2024, 17, 747 17 of 24

In addition, if regional parliaments participate in the formation of regional budgets,

the powers of allocating funds for the regional budget for the events aimed to increase the
share of renewable energy in regional generation should be listed.
The powers of the highest body of the regional executive branch depend, first of all,
on what degree of freedom is allocated to the regulatory body. Thus, the development,
approval and implementation of regional government-funded programs for the devel-
opment of renewable energy can be attributed to the powers of the highest body of the
regional executive branch, the powers of the regulatory body or distributed between them,
optionally, with the involvement of the legislative body.
In some of the analyzed regions the powers include the designation of a regulatory
body in the field of use of renewable energy sources, but it seems more appropriate for it to
be determined at the level of a regional law rather than by an act of an executive authority.
In any case, the highest body of the regional executive branch will retain powers
related to the implementation of state policy on the development of renewable energy.
Depending on the nature and features of the separation of powers and the system of
checks and balances in the region, its head may receive any of the powers discussed above
except for the right to pass laws regulating renewable energy. The analysis did not show
any examples of unique competency that the head of the region may possess; moreover,
some regulatory legal acts do not assign to this person any powers in the field of regulation
of renewable energy.
Depending on the established distribution of subjects of competence in the component
state, the powers of bodies of local self-governments can either be limited to providing
assistance to individuals and organizations in manufacturing and the installation of the
equipment for the use of renewable energy sources or fully duplicating the powers of
regional bodies at the local level.
The answer to the question of legal regulation of international cooperation in the field
of renewable energy should begin with the clarification of whether the participation of
individual component states in international cooperation is in principle allowed. If such a
possibility exists, the regional law must strictly regulate a specific list of questions on which
it can be formed and principles on the basis of which it should occur. This is important
for the fulfillment of the priority principle of the energy security of the federation. The
list of specific forms of international cooperation based on the developed principles can
be formulated as closed if it is approved by an act inferior in legal force to the laws of the
region which can be amended easily and quickly so as not to miss the prospects opening
up for the region due to bureaucratic delays associated with amending the regional law. If
the list of forms of cooperation is established precisely at the level of the regional law, it is
better to leave it open since, in compliance with the principles established by law, if the
cooperation follows the framework of the permitted questions on which cooperation can
be made, any of its forms should not pose a danger. It is possible to maintain such a list in
reverse, according to the principle “everything is permitted that is not directly prohibited
by law”.

3.8. Methods for Implementing Information Support

In general, all information support can be divided into informing about the regional
regulation of renewable energy power plants and advocating for the introduction of renew-
able energy. Information support in the field of use of renewable energy sources should
be organized by the regulatory body, but the events can be implemented by a variety of
entities. For example, in addition to the regulatory body, informing about the regulation
can be carried out by the legislative body of the region or its head, and in addition to public
authorities, any interested parties can advocate for the introduction of renewable energy.
The principle of ensuring the availability of information on the planning and imple-
mentation of measures to implement state policy in the field of regulation of renewable
energy power plants can be implemented without government participation. Taking into
account modern opportunities for access to information, with a sufficient level of civic
Energies 2024, 17, 747 18 of 24

consciousness in the regions involved and with the active participation of the media, all
interested consumers will receive all the information they need. But in our opinion, the
responsibilities of the legislator should include establishing guarantees for the implemen-
tation of each of the declared principles. Therefore, it is necessary to establish methods
for implementing official information support and incentives for the implementation of
non-official information support and to separately regulate the creation and maintenance
of the functionality of the infrastructure necessary for information support.
The analysis of regional legal regulation allowed for the formation of a base of recom-
mended methods of information support which are practically independent of the political
and legal conditions in a particular federation and its component states.
Regional programs for the introduction of renewable energy sources and projects for
the creation of large-scale renewable energy power plants must be submitted to public
hearings. In many federations, this is a mandatory procedure, and in this case, it is only
necessary to ensure sufficient publicity for the opportunity to take part in the hearings. In
regions of those countries that do not establish such a duty, it should not be introduced for
energy installations, since this, on the contrary, has the potential to become an additional
obstacle to their implementation. But a public discussion of the regional program with the
participation of energy workers, environmentalists and representatives of interested groups
would allow for identifying possible shortcomings in the regional program, would increase
its legitimacy after adoption and, importantly in the discussed context, would serve the
purposes of information support. The presence of a permanent body that is engaged in pub-
lic control in the field of renewable energy is an additional advantage. The example of such
body is the Community Solar program (CSCNM) [42] in New Mexico, USA, which works
in parallel with the New Mexico Public Regulation Commission and Renewable Energy in
New Mexico [43], reviewing community solar initiatives and developing recommendations
for their implementation.
Another almost obligatory element of official information support is the provision of
information on the use of renewable energy sources upon the direct request of consumers.
Generalized experience shows that the universal principles of forming sustainable feedback
between the government body providing the service and the consumer of the service are
at work here. The most effective measures are hotlines organized by the regulatory body,
online consultations including the use of bots to answer simple questions, the preparation
of a publicly available F.A.Q. and regular meetings of authorized employees with interested
consumers. An example of a very simple but effective method is a clear and concise
document published in Colorado, USA, containing general information and links to all
renewable energy support programs available in the state [44].
The next element depends on the features of regulation of work with information and
on the degree of digitalization of data in a federation. The regulator could be charged with
establishing and maintaining a regional renewable energy information system. This could
be one of the building blocks of a larger regional information system in the field of energy
saving and energy efficiency. In addition to information support, such a system allows
consolidating information about the features of the distribution of energy installations
across the region, highlighting weaknesses and points of growth.
Official advocacy of renewable energy can be achieved through a variety of tools. One
of them is the preparation of demonstration projects for the use of renewable energy sources.
Demonstration projects can be either open to the public through specially created demo
stands that perform only educational tasks or projects modeling the operating features of
actual installations demonstrated during special events.
Another method is to organize exhibitions of equipment and technologies related to
renewable energy sources. Regional authorities can hold such exhibitions on their own, in
collaboration with major participants in the energy market, or provide information and
organizational support to exhibitions organized by external participants.
If there are sufficient resources, the regulatory body can organize media dissemination
of thematic awareness-raising programs about events and methods of transition to renew-
Energies 2024, 17, 747 19 of 24

able energy sources, about achievements in this field both among producers and consumers
of the region and the entire federation and about scientific discoveries and breakthroughs
at the world level. In the same way that information can be disseminated about the envi-
ronmental and economic potential of the transition to renewable energy, the incentives and
benefits will be provided to consumers and anyone involved in the production of energy
by renewable energy power plants. These individuals should also include those whose
activities are aimed at popularizing renewable energy and bring measurable results.

3.9. Regional Programs

Regional programs have proven to be one of the most effective tools for regulating
the development of renewable energy at the regional level in the Russian Federation. A
regional program is an act inferior in legal force to the laws of the region which is adopted
by the regulatory body that establishes target efficiency indicators for the introduction of
renewable energy into the regional energy system, a list of events that must be carried out
to achieve these indicators, the timeframe within which they must be carried out and the
form of reporting.
At the same time, there is often no direct need to adopt a separate regional program
aimed specifically at the introduction of renewable energy power plants. Depending on
what principles and goals are prioritized in the transition to renewable energy, this may
be a specialized subprogram within broader programs for energy conservation, energy
efficiency, carbon neutrality or energy security.
In order for regional programs to work as an effective tool, they must meet a number
of requirements. In case of partial or complete discrepancy, they can either continue to
produce a beneficial effect or create space for imitation of activities or the development
of corruption.
Regional programs must be adopted by the regulatory body or the highest body of the
regional executive branch. If the regional program is adopted by the regulatory body, it
must be approved by the body of the legislative branch or the highest body of the regional
executive branch that would check for compliance with the principles of regulation of
renewable energy stated in the regional legislation, with the goals set for the regulatory
body in this area and with the regional resources.
Regional programs should be submitted for professional and public audits, the re-
sults of which should be mandatorily available for those representatives of the regional
authorities who will make decisions on the approval of the program. Regional programs
should not be adopted for periods exceeding the term of office of the bodies approving
them. If the regional program should include activities that are impossible or impractical
to implement within such a time frame, they should be divided into logical stages, each of
which should not exceed the duration of the regional program. Any changes to the regional
program related to a reduction in target indicators must be made through its re-approval,
accompanied by an explanatory document outlining the reasons for such a change, and a
new version must also undergo a professional audit.
To establish the procedure for the adoption of regional programs (or subprograms) in
the field of renewable energy, the procedure for making changes to them and the procedure
for conducting audits, as well as the procedure for accepting reports, it is necessary to
adopt a number of rules either within the framework of the regional law on renewable
energy or a separate regional law. In any case, this must be made in a regional act which
should be higher in legal force than regional programs and higher than those acts that the
body adopting the programs can issue.
It should be noted that the regional program does not necessarily have to be aimed
only at global changes and the opening of new energy facilities. Some regions are not
the most successful in introducing renewable energy into the energy system, yet small
steps that move the region closer to increasing the share of renewable energy in its energy
balance are also useful and valuable. In the Indian state of Madhya Pradesh, the main goals
Energies 2024, 17, 747 20 of 24

for solar energy development include hawkers and street vendors being encouraged to use
solar lanterns; solar-powered street lighting would be encouraged too.
Regional programs can also be a tool for influencing the development of renewable
energy in federations where legal regulation of energy is carried out primarily at the
federal level and the component state does not adopt its own specialized laws. Regional
programs are actively used in Germany: in Bavaria, it is the “Energy Storage Photovoltaic
Program”, and in Baden-Württemberg, it is the “Grid-Serving Photovoltaic Battery Energy
Storage”. Through this program, states allocate subsidies for the development of renewable
energy, and individual cities subsidize the financing of new energy sources and require the
construction of photo panels on new buildings [45].
Despite the fact that one of the main advantages of regional programs is their flexibility
and the ability to quickly respond to new challenges and to introduce new technologies,
it is advisable to establish a certain framework at the level of regional law to maintain
stability. One of the issues that it is desirable to regulate in this way is the target indicators
set by regional programs and the procedure for their calculation. Specific values of target
indicators should be determined by the body adopting the program, but general directions
should be given in the regional law. The most commonly used target indicators are the
power generated by renewable energy power plants; the share of total power consumption
covered by renewable energy and distributed generation; the volume of products shipped
to renewable energy power plants; the capacity of newly commissioned renewable energy
power plants; the amount of components produced for renewable energy facilities. Indi-
cators related to the training of personnel and government employees are also targeted,
and this could be the absolute or relative number of employees per period. Some programs
add indicators related to information support for renewable energy, measured either by
the work performed such as the minutes of screen time, the pages of text of materials
promoting renewable energy or by audience coverage and statistical data on its impact
(views, reactions, comments, shares and other parameters).
When drawing up a regional program, it is necessary to ensure that the list of activities
aimed at increasing the share of renewable energy in the region does not include distantly
related activities and purchases of equipment that can be used not only at renewable
energy facilities. The construction and repair of linear facilities, even those associated
with renewable energy power plants, should not constitute the main part of the activities
within the regional program. Particular attention should be paid to setting tasks that do
not require large capital investments: popularizing renewable energy, improving technical
regulation, training of personnel, improving technical documentation for the construction
and reconstruction of power plants and linear facilities and carrying out research work.
As the program progresses, it is advisable to require interim annual reports from
performers which the regulatory body will collect and consolidate in an annual summary
report which, in turn, will be presented to the highest regional body of executive or
legislative branches and submitted for professional audit.
Due to the differences in the economic potential of the regions of different countries
having a strong impact on the possibility of developing a fairly universal strategy, we
deliberately avoided considering financial institutions for stimulating renewable energy,
focusing in the methodology on those recommendations that can be used by a component
state of any federation, regardless of the material resources at their disposal. An example
of a detailed overview of regulatory incentives, including the possible economic incentives,
can be found in a recent review [46].

3.10. Control and Supervision

Regulatory legal acts of the component states may duplicate the norms of federal
legislation, and it is advisable to indicate in the regional law on renewable energy which
federal bodies are responsible for control and supervision in this area. This will facilitate
both the appeal of acts or actions of officials by energy producers and consumers and the
regulatory consolidation of control and supervision at the regional level.
Energies 2024, 17, 747 21 of 24

It is worth stating specifically in the regional law on renewable energy which bodies
exercise control and supervision in this area at the regional level, even if this duplicates
provisions from other regional regulatory legal acts. In the legal regulation of renewable
energy, in addition to the obvious bodies involved in the control and supervision of energy,
bodies performing, for example, environmental control may be involved, so it is better to
directly consolidate the entire list of subjects of control in one act.
It is also advisable to establish in the act specific methods and forms of control and
supervision within the industry. This will provide the necessary legal support, allowing
better organization of activities of the authorities adopting new acts, energy producers,
investors and other persons involved in the process of transition to renewable energy.

4. Conclusions
The issues most often covered by the regional legislation of federated states that
successfully introduce renewable energy into their energy systems are the following: which
energy sources are considered renewable; definition of the meanings of terms used in
legal regulation; principles on which regional legal regulation is based; energy resources
accounting in the subject; list of bodies implementing regional legal regulation; methods
of information support; regulation of regional state programs for the development of
renewable energy; control and supervision over bodies executing their powers in the field
of renewable energy.
Energies 2024, 17, x FOR PEER REVIEW 22 of 24
Based on the results of the analysis of the content of the regional acts, regulated issues
can be divided into three groups, as shown in Figure 4.

Figure 4. Necessity
Figure 4. Necessity of
of the
the question
question of
of regulating
regulating renewable
renewable energy
energyat
atthe
theregional
regionallevel.
level.

The
The first
first group
group includes
includes issues
issues whose
whose regulation
regulation in
in regional
regional legislation
legislation is
is universally
universally
mandatory
mandatory regardless of the nature of the relationship between the region and the
regardless of the nature of the relationship between the region and the federal
federal
center—this
center—this is is aa list
list of
of bodies
bodies that
that implement
implement regional
regional legal
legal regulation
regulation and
and the
the regulation
regulation
of
of regional
regional state
state programs
programs forfor the
thedevelopment
developmentof ofrenewable
renewableenergy.
energy.
The second group includes issues the settlement of which on the regional level is
The second group includes issues the settlement of which on the regional level is
necessary in the absence or insufficiency of federal legal regulation, but in other cases such
necessary in the absence or insufficiency of federal legal regulation, but in other cases such
regional regulation may be absent itself or simply duplicate federal legislation. These are
regional regulation may be absent itself or simply duplicate federal legislation. These are
issues of determining which energy sources are considered as renewable, definition of the
issues of determining which energy sources are considered as renewable, definition of the
meaning of terms and definition of principles of legal regulation of renewable energy.
meaning of terms and definition of principles of legal regulation of renewable energy.
The third group includes issues that are often regulated within the framework of
The third group includes issues that are often regulated within the framework of re-
regional legislation on renewable energy but can be almost completely covered by federal
gional legislation on renewable energy but can be almost completely covered by federal
legislation or regulations from related industries, so the resolving of these issues in regional
legislation or regulations from related industries, so the resolving of these issues in re-
regulation of renewable energy is of an auxiliary nature. These are issues of energy resources
gional regulation of renewable energy is of an auxiliary nature. These are issues of energy
accounting, methods of information support and issues of control and supervision.
resources accounting, methods of information support and issues of control and supervi-
sion.
Regardless of the final internal structure of the document, the formation of a regional
law on renewable energy should begin with the settlement of issues related to the first
group. If a regional legislator, for whatever reason, does not have the competence to reg-
ulate the issues referred to in the first two groups, or these issues have already been fully
Energies 2024, 17, 747 22 of 24

Regardless of the final internal structure of the document, the formation of a regional
law on renewable energy should begin with the settlement of issues related to the first
group. If a regional legislator, for whatever reason, does not have the competence to
regulate the issues referred to in the first two groups, or these issues have already been fully
regulated at the federal level to a sufficient extent and quality, the adoption of a specialized
regional law may not be an optimal solution. In such a situation, the issues referred to in
the third group can be regulated within the framework of regional programs, other sectoral
laws and departmental acts.
Further research in this direction seems appropriate for focusing on revealing other
components of the methodology of regional legal regulation of renewable energy such as
determining the optimal set of principles and objectives of the regional law, defining the
preferred competence of all the bodies involved in regulation and determining which spe-
cific economic and organizational mechanisms have the most positive impact on increasing
the efficiency of renewable energy deployment at the regional level.

Author Contributions: Conceptualization, E.K.; methodology, E.K.; data curation, E.K., K.K. and
A.K.; writing—original draft preparation, E.K., K.K. and A.K.; writing—review and editing, E.K., K.K.
and A.K.; visualization, K.K.; supervision, E.K.; project administration, E.K.; funding acquisition, E.K.
All authors have read and agreed to the published version of the manuscript.
Funding: This research was funded by the Russian Science Foundation and Kuban Science Founda-
tion, grant number 22-28-20298.
Data Availability Statement: Data are contained within the article.
Conflicts of Interest: The authors declare no conflicts of interest. The funders had no role in the
design of the study; in the collection, analyses or interpretation of the data; in the writing of the
manuscript; or in the decision to publish the results.

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