Key Benefits:
The plenary meeting of the Regional Council of Martinique, meeting On June 28, 2013 at the regional hotel, under the chairmanship of Mr. Serge LETCHIMY,
were present: Mr Sylvain BOLINOIS, Mr Louis BOUTRIN, Mrs Francine CARIUS, Mr Francis CAROLE, Mrs Marie-Thérèse CASIMIRIUS, Mr Camille CHAUVET, Mr Daniel CHOMET, Mrs Catherine CONCONNE, Mrs Aurélie DALMAT, Mrs Jenny DULYS-PETIT, Mr Jean-Claude DUVERGER, Mr Thierry FONDELOT, Mrs Yvette GALOT, Mr Didier LAGUERRE, Mrs Elisabeth LANDI, Mr Miguel LAVENTURE, Mrs Marie-Hélène LEOTIN, Mr André LESUEUR, Mr Serge LETCHIMY, Mr Fred LORDINOT, Mrs Chantal MAIGNAN, Mr Daniel MARIE-SAINTE, Mr José MAURICE, Mr Justin PAMPHILE, Mrs Patricia TELLE, Mme Marie-France THODIARD.
Procurations: Mrs Claudine JEAN-THEODORE to Mr Daniel MARIE-SAINTE, from Mr Jean CRUSOL to Mr Camille CHAUVET, from Mr Vincent DUVILLE to Mr Sylvain BOLINOIS, from Mrs Marie-Line LESDEMA to Mrs Marie-Hélène LEOTIN, from Mrs Christiane MAGE to Mr Jean-Claude DUVERGER, Mrs Marie-Hélène LEOTIN Lise MORELLON N' GUELA to Ms. Aurélie DALMAT, Ms. Jocelyne PINVILLE to Ms. Patricia TELLE, Mr. Daniel ROBIN to Ms. Catherine CONCONNE, Ms. Karine ROY-CAMILLE to Mr. Daniel CHOMET, Ms. Sandrine SAINT-AIME to Mr. Francis CAROLE, Ms. Karine GALY to Ms. Yvette GALOT, from Mr. Justin PAMPHILE to Mr. Didier LAGUERRE, from Mr. Simon MORIN to Mr. Thierry FONDELOT.
Regrets: Mrs Marlène LANOIX.
In view of the Constitution, in particular Articles 34 and 73, third paragraph;
Having regard to Directive 2002 /91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings;
Given the Directive 2010 /31/UE of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings;
Given the General Community Code , in particular, the provisions of Title III of its Book IV and His articles LO 4435-1 to LO 4435-12;
Given the code of construction and housing, including articles L. 111-9, L. 111-10, L. 131-1, L. 134-1, L. 134-4 and sections R. 134-2 to R. 134-5, R. 111-22 to R. 111-22-2, R. 123-19, R. 131-1 to R. 131-30 and R. 134-4-1;
In view of the Act No. 2005-781 of 13 July 2005 of a programme setting out the guidelines for energy policy, in particular Articles 2 to 6;
Law n ° 2009-967 of 3 August 2009 programming on the implementation of the environmental Grenelle, in particular Articles 19 and 56;
Seen Law n ° 2010-788 dated July 12, 2010 with a national commitment to the environment;
Given the law n ° 2011-884 of 27 July 2011 on communities Territorial waters of French Guiana and Martinique, and in particular Article 18;
In view of the Decree n ° 2007-363 of 19 March 2007 on the feasibility of supply studies In energy, the thermal characteristics and energy performance of the existing buildings and the display of the energy performance diagnosis;
Seen the Decree No. 2011-544 of 18 May 2011 Consideration of thermal regulation and the conduct of a feasibility study on energy supplies for new buildings or new parts of buildings;
In view of the September 15, 2006 Order, Diagnosis of energy performance for existing buildings proposed for sale in metropolitan France;
In view of the decree of 18 December 2007 on the feasibility studies of energy supplies for new buildings and parts New buildings and renovations to existing buildings in Metropolitan France;
In view of the decree of 11 October 2011 on certificates for the consideration of thermal regulation and the completion of a feasibility study on energy supplies for new or new buildings New parts of buildings;
In view of the deliberation n ° 11-287-1 of 15 March 2011 of the Regional Council of Martinique published in the Official Journal of the French Republic of 24 April 2011 concerning the application for authorisation under the article 73 of the Constitution on the environment and energy;
In view of the The Committee on Sustainable Development, Transport and Energy of the Martinique Regional Council of 24 June 2013;
Considering that the Regional Council of Martinique is empowered by the Href=" /viewTexte.do?cidTexte=JORFTEXT000024403725 &categorieLink = cid"> Law n ° 2011-884 of 27 July 2011 on the territorial communities of French Guiana and Martinique, on the basis of the provisions of the third paragraph of Article 73 of Constitution, and LO 4435-2 to LO 4435-12 of the above mentioned territorial general community code, for a period of two years to As from its promulgation, to establish specific rules for Martinique in respect of the control of energy demand, thermal regulation for the construction of buildings and the development of renewable energies, within the limits Set out in its deliberation No. 11-287-1 of 15 March 2011, above, Published in the Official Journal of the French Republic of 24 April 2011;
Considering that the objectives set by the Law n ° 2005-781 of 13 July 2005 of a fixed programme The guidelines for energy policy and the Act n ° 2009-967 of 3 August 2009 for programming on the implementation of the above mentioned environmental Grenelle The regional pattern of climate, air and energy (SRCAE), cannot be reached in Martinique without a change in the regulatory framework;
Considering that56 of the Act No. 2009-967 of 3 August 2009 programming on the implementation of the above-mentioned environmental Grenelle sets a goal of energy self-sufficiency of 50 % of renewable energy at least in final consumption by 2020 for the regions Overseas;
Considering that the vast majority The electrical consumption of Martinique comes from the buildings sector, be it residential buildings, public buildings or the private tertiary sector;
Considering that the buildings offer the potential for development of the Renewable energies, roofs or facades making up surfaces available and without conflict of use, for the installation of energy production equipment;
Considering that the SRCAE has set a high objective to control demand In the building sector whose consumption can be reduced in particular by Improving the performance of air conditioning systems and the development of solar thermal and decentralised renewable energies;
Considering that projects of large buildings are now being carried out in Martinique Without systematically taking into account the optimisation of energy supply potentials, in particular in the form of efficient air conditioning, solar or wind energy, or other renewable energy sources;
The decree of 18 December 2007 on feasibility studies Energy supplies for new buildings and new parts of buildings and for the renovation of some existing buildings in metropolitan France defines the solutions to be studied in metropolitan France; that this order is largely based On heating solutions not adapted to the Martinian context and is no longer applicable in the overseas departments;
Considering that an important barrier to the development of efficient air-conditioning solutions, Hot water and renewable energy production The fact that the owners do not have at their disposal sufficient information to inform their choices at the time of the construction or renovation of buildings;
Considering that it is therefore appropriate to resume The objective of Directive 2002/95/EC of 16 December 2002 on the energy performance of buildings, as amended by Directive 2010 /31/UE of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, in order to meet The legal vacuum left by the absence of a device applicable in Martinique;
On The report presented by Mr Daniel CHOMET, Chairman of the Committee on Sustainable Development, Transport and Energy,
Adopts the following:
I. -Pursuant toArticle 18 of Law No. 2011-884 of 27 July 2011 on the territorial communities of Guyana and Martinique referred to above, are laid down specific rules for Martinique relating to the feasibility studies of energy supplies for new buildings and new parts of buildings and for the renovation of certain buildings Existing in Martinique.
II. -These rules apply to new buildings or new parts of buildings or any building construction operation, of which the total net new non-working surface area is greater than 500 square metres and the date of filing of the application for Permit to construct or, if the work is not subject to this permit, the date of acceptance of the specifications or contracts for such work shall be after the entry into force of this deliberation.
These rules shall apply Also to buildings or parts of existing buildings on a net out-of-work surface Greater than 500 square metres, where the total estimated cost of renovation work on the building envelope and its facilities for the production of hot water, cooling, ventilation and lighting, or on its own Envelope is greater than 25 % of its value.
They do not apply:
-buildings and parts of buildings where the normal operating temperature is less than or equal to 12 ° C;
-to livestock buildings and to buildings or parts of buildings which, due to their use constraints, Must guarantee special conditions of temperature, humidity or air quality and therefore require special rules.
III. -These rules complement and derogate from the following texts for Martinique, as appropriate:
- Decree n ° 2007-363 of 19 March 2007 on feasibility studies of energy supply, thermal characteristics and energy performance Existing buildings and the display of energy performance diagnosis;
-code for construction and housing, including articles R. 111-22 to R. 111-22-2;
-18 December 2007 on feasibility studies for Energy supplies for new buildings and parts New buildings and renovations of some existing buildings in metropolitan
. -Greenhouse gas emissions considered do not include refrigerant emissions.
I. -Prior to the filing of the application for a permit to build, or if the work is not subject to this permit, prior to the acceptance of the quotations or the award of contracts relating to this work, the contractor shall carry out a study of Technical and economic feasibility of comparing possible energy production solutions on the following three topics:
-production of hot water by solar energy or recovery energy;
-cold production to air the building;
-decentralized generation of electricity, connected to the network with or without storage For each form of energy
, the contractor chooses a reference solution, known as the pressentient solution. The feasibility study compares the solution with the other solutions defined in Article 3, called variants.
II. -The production of energy for air conditioning is not to be dealt with in the following cases:
-the building will not be equipped with air-conditioning systems after construction or renovation;
-renovation works Only on the building envelope.
These circumstances are justified in the feasibility study.
The feasibility study Technical and economic includes the following elements:
3.1. Content of the feasibility study for hot water production and cold production to air the building.
3.1.1. Solution and variants for the production of hot water.
The needs for hot water are set out in the feasibility study and are the same in the various alternatives. The preferred solution is the choice of the owner.
The alternatives to be studied are to be defined by the application of the solutions or a combination of the following solutions:
-thermal solar systems;
-heat recovery systems on cold groups;
-heat recovery systems on other processes.
For each alternative, the feasibility study shows the rate
If a variation is not feasible due to the unavailability of the resource nearby, the feasibility study justifies it.
3.1.2. Solution and variants for cold production to air the building.
The cold needs are set out in the feasibility study. They are the same in the various variants. The preferred solution is the choice of the owner.
The alternatives to be studied are to be defined by the application of the solutions or a combination of the following solutions:
-individual air conditioning systems (split type);
-direct cooling to variable refrigeration volume (VRV);
-ice-water systems with or without storage;
-systems Air conditioning on seawater;
-solar air conditioning systems;
-air conditioning systems by heat recovery.
If a variant is not feasible due to the unavailability of the resource to The feasibility study warrants it.
3.1.3. Results of the feasibility study.
The technical and economic feasibility study includes the following elements:
3.1.3.1. For the pressentie solution, the feasibility study shows:
3.1.3.1.a. The energy consumption of the pressensed system, in kWh of primary energy per square metre of net non-work surface and per year and in MWh of primary energy per year;
3.1.3.1.b. The greenhouse gas emissions of the pressensed system, in kg of CO2 per square metre of net abode surface and per year and in tonnes of CO2 per year, calculated on the basis of the energy consumption determined in 1.a and the coefficients of Conversion of Annex 4 of the decree of 15 September 2006, with the exception of the conversion coefficient for electrical energy, which is 800 g of CO2 per kWh of final energy, under this deliberation;
3.1.3.1.c. The annual operating cost of the proposed system, obtained by adding up the expenditure related to annual energy consumption, subscriptions and maintenance costs, excluding product or equipment replacement, as well as related revenue Potential resale of energy produced.
3.1.3.2. For each of the possible variants, the feasibility study shows:
3.1.3.2.a. The investment cost difference between the variant and the proposed system;
3.1.3.2.b. The difference in energy consumption between the variant and the pressensed system, in kWh of primary energy per square metre of net non-work surface and per year and in MWh of primary energy per year;
3.1.3.2.c. The difference in greenhouse gas emissions between the variant and the pressensed system, in kg of CO2 per square metre of net non-work surface and per year and in tonnes of CO2 per year. These emission differences are calculated on the basis of the energy consumption determined in 2.b and the conversion coefficients of Annex 4 of the decree of 15 September 2006, except for the conversion coefficient for energy Electric, which is 800 g of CO2 per kWh of final energy;
3.1.3.2.d. The difference in annual operating costs between the variant and the pressensed system. The annual operating cost of the variant and that of the pressureed system are obtained by adding together the expenditure related to annual energy consumption, subscriptions and maintenance costs, excluding replacement of products or equipment, As well as revenue related to a possible resale of energy produced;
3.1.3.2.e. The gross return time, in years, of the variant over the pressensed system, obtained by the ratio between the value determined at 2.a and the value determined at 2.d;
3.1.3.2.f. The other advantages and disadvantages associated with the variation, particularly in relation to its management conditions in relation to the system being felt.
The following indicators may be included in the feasibility study for each of the Alternatives and take into account in its final choice:
-the cumulative energy savings generated by the alternative to the solution over ten or twenty years, in MWh of primary energy;
-the cumulation of greenhouse gas emissions avoided by the alternative to the Solution, over ten or twenty years, in tonnes of CO2;
-the updated global cost of the variant over the estimated lifetime of the equipment;
-the annualized overall cost of the variant;
-the internal rate of return of the Variant, as a percentage.
3.2. Content of the feasibility study for solar or wind power generation.
3.2.1. Solution and variants for the decentralised generation of electricity, connected to the grid with or without electricity storage, by photovoltaic or roofing wind.
The preferred solution is the choice of the owner. It may be the absence of decentralized generation of electricity, connected to the grid with or without electricity storage, by photovoltaic or roof-based wind power.
The alternatives to be studied are:
-solar systems Photovoltaics;
-wind systems.
3.2.2. Results of the feasibility study.
The technical and economic feasibility study includes the following elements:
3.2.2.1. For the proposed solution, the feasibility study shows:
3.2.2.1.a. Energy production, in MWh of primary energy per year;
3.2.2.1.b. The emissions of greenhouse gases avoided, in tonnes of CO2 per year, calculated on the basis of the energy production determined at 1.a and the conversion coefficients of Annex 4 of the decree of 15 September 2006, except for the Conversion coefficient for electrical energy, which is 800 g of CO2 per kWh of final energy;
3.2.2.1.c. Operating revenues. In the case of self-consumed energy, the revenue is equal to the cost avoided by the decrease in the electricity bill. In case of sale to the network, the revenue is equal to the product of the sale;
3.2.2.1.d. Operating costs, consisting of maintenance costs;
3.2.2.1.e. The annual operating balance of the preferred solution, obtained by the difference between sales revenue and operating costs.
3.2.2.2. For each of the possible variants, the feasibility study shows:
3.2.2.2.a. The investment cost difference between the variant and the proposed system;
3.2.2.2.b. The difference in energy production between the variant and the pressensed system, in kWh of primary energy per square metre of net non-work surface and per year and in MWh of primary energy per year;
3.2.2.2.c. The difference in greenhouse gas emissions between the variant and the pressensed system, in kg of CO2 per square metre of net non-work surface and per year and in tonnes of CO2 per year. These emission differences are calculated on the basis of energy production and conversion coefficients of Annex 4 of the decree of 15 September 2006, except for the conversion coefficient for electrical energy, which is 800 g of CO2 per kWh of final energy;
3.2.2.2.d. The difference in annual operating balance between the variant and the system being felt;
3.2.2.2.e. The raw return time, in years, of the variant over the pressensed system, obtained by the ratio between the value determined at 2.a and the value determined at 2.d;
3.2.2.2.f. The other advantages and disadvantages associated with the variation, particularly in relation to its management conditions in relation to the system being felt.
The following indicators may be included in the feasibility study for each of the Options and take them into account in its final choice:
-the cumulation of energy production generated by the alternative to the solution, over ten or twenty years, in MWh of primary energy;
-the cumulation of greenhouse gas emissions avoided by the alternative to the Solution, over ten or twenty years, in tonnes of CO2;
-the updated global cost of the variant over the estimated lifetime of the equipment;
-the annualized overall cost of the variant;
-the internal rate of return of the Variant, in percentage.
In accordance with the provisions of article LO 4435-7 of the Code Community general
of the Regional Council, the Director-General of the Regional Services and, as appropriate, the President of the Regional Council, the President of the Regional Council, the President of the Regional Council. The competent services of the State shall each have responsibility for the execution of this deliberation.
Deliberated and adopted by the Regional Council by an absolute majority of the votes.
Dated on July 1, 2013.
The President of the Regional Council
of Martinique,
S. Letchimy
