At Montecitorio

Post-disaster reconstruction, ten years to complete. First yes by the Chamber to the bill

Twenty-eight articles to ensure a uniform framework throughout the country. There is also a delegation to the Government to define insurance schemes for property damage

by Manuela Perrone

(Adobe Stock)

7' min read

7' min read

A 'national' post-disaster reconstruction system, with an ad hoc fund and a definite timeframe for completing the work: five years, extendable 'up to ten' at most. The framework bill signed by the Minister for Civil Protection and Sea Policies, Nello Musumeci, almost a year after it was presented in Parliament, crosses the first milestone with the House's approval. In 28 articles, the measure aims to ensure an organic and uniform framework throughout the country for worksites opening up in the territories after earthquakes, landslides, and floods. And it delegates the government to adopt, within twelve months from the date of entry into force of the text, one or more legislative decrees to define insurance schemes to compensate individuals and businesses for damage to the building heritage.

The Council of Ministers will decide on 'the state of reconstruction of national importance'

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The bill entrusts the Council of Ministers with the power to deliberate 'the state of reconstruction of national importance', once the agreement with the Regions and Autonomous Provinces has been acquired, in cases where it is necessary to provide for an overall revision of the urban and building structure of the areas hit by a natural or man-made disaster. The measure will be called upon to establish the duration and territorial extension of the state of reconstruction, in any case always within the territories for which the state of emergency was previously declared and for a maximum of five years, extendable by another five.

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The Extraordinary Commissioner for Reconstruction

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The next step after the resolution of the Council of Ministers is the appointment, by decree of the President of the Council of Ministers or the delegated political authority for reconstruction, always after deliberation of the Council of Ministers in agreement with the Regions and Autonomous Provinces, of an extraordinary commissioner for reconstruction, who can be identified in the President of the Region or Regions concerned or 'identified among persons with specific professionalism and managerial competence for the task to be carried out, taking into account the complexity and relevance of the reconstruction process'. This is what has already happened for the post-flood reconstruction of May 2023 in Emilia Romagna, Marche and Tuscany with the appointment of General Francesco Paolo Figliuolo.

Every six months also report to Parliament

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The text envisages that every six months the commissioner shall send a report to the prime minister, the delegated minister and the Houses of Parliament (the latter being a recipient introduced during the parliamentary examination), also using the data available in the monitoring systems of the State General Accounting Office, on the state of implementation of the reconstruction, 'also in order to identify further acceleration and simplification measures that may need to be adopted'. The possible commissarial structure - also an addition by the deputies - 'may be articulated at a territorial level and, on the basis of conventions that are not onerous, may provide technical assistance to the local authorities in charge of administrative functions, related to the reconstruction'.

The Multiannual Intervention Plan

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A general multi-year plan of interventions on areas and buildings, with the determination of the damage framework and relative financial requirements, is the first task assigned to the commissioner, who must submit the programme to the Government. The plan, drawn up on the basis of a report by the head of the Civil Protection and adopted by the commissioner in concert with the ministers concerned and in agreement with the Regions and Autonomous Provinces, who shall pronounce themselves within thirty days of the request, may also provide for the necessary relocation measures, as an alternative and within the limits of the grantable contribution for reconstruction, specifying the expenses related to the demolition of the building or its management. According to the Ddl as amended in the House, if the emergency was represented by 'serious flooding events', the intervention plan - which 'takes into account the needs of economic development and environmental protection' - may also provide for 'measures for the morphological and ecological redevelopment of watercourses', the 'renaturalisation of water bodies and banks' and the 'possible extension of flooding areas'.

The control room and directives from Palazzo Chigi

A 'coordination cabin' for reconstruction in the affected territories for which a state of reconstruction of national importance has been declared will be established by a Prime Ministerial Decree or Ministerial Decree, with the mission of assisting the commissioner. Chaired by the commissioner, its members include the heads of the Casa Italia and Protezione civile departments of the Presidency of the Council of Ministers, the presidents of the Regions and Autonomous Provinces concerned, the metropolitan mayor, where existing, and Upi and Anci representatives. The technicians of the competent ministries and any other subject, public or private, 'deemed useful for the representation of the interests involved and the issues dealt with' may be invited to the meetings. Through ad hoc directives, the prime minister or the delegated minister will ensure, at the technical level, 'unitary direction, respecting the peculiarities of the territories and contexts, for the exercise of the function and the performance of reconstruction activities'. At the governance level, the examination in Montecitorio has introduced another body: the Conference of Reconstruction Commissioners, to be set up at the Casa Italia Department, a permanent coordination structure to 'encourage the sharing of data, information and best practices'.

Two Funds: for reconstruction and for commissioners

The bill establishes in the autonomous budget of the presidency of the Council a Fund for reconstruction (the manoeuvre for 2025 allocates 1.5 billion in 2027 and then 1.3 billion annually from 2028) and a Fund for the operating expenses of the extraordinary commissioners for reconstruction. As established by an amendment approved in committee, the publicity of the funds 'shall be ensured through the use of IT platforms and digital tools interconnected with the single transparency platform' established at Anac. Reporting will also have to be transparent and published on the institutional website of the extraordinary commissioner.

The Role of Municipalities

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The rest of the bill regulates the general system of public and private reconstruction. Within 18 months of the commissioner's appointment, the municipalities are called upon to approve or adapt the urban planning related to reconstruction as well as to update the specialised studies, including those for seismic microzoning and those for the hydrogeological planning maps, preparing implementing urban planning instruments complete with the relevant financial plans. The objective is to plan reconstruction work on public and private buildings and infrastructure in an integrated manner.

Nothing Vas with three conditions

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Implementation urban planning instruments are excluded from the strategic environmental assessment (SEA) and from the verification of their submissibility to the procedure if they do not simultaneously envisage three conditions: an increase in the settlement population, calculated by attributing 120 cubic metres of building volume to each inhabitant to be settled, with respect to the resident population based on the data of the last general population census before the resolution of the state of reconstruction; an increase in the urbanised areas with respect to those existing before the disaster; works or interventions subject to environmental impact assessment procedures or impact assessment.

Contributions to individuals

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With regard to private reconstruction, it will always be a law to establish the types of intervention (always subject to the issuance of static or seismic authorisation), damage and expenditure eligible for contributions, as well as the conditions and thresholds for contributions. The same rules will identify the subjects eligible for public contributions for reconstruction and the allocations from the Reconstruction Fund. For the territories in which a state of national reconstruction has been declared, within twelve months the commissioner will carry out a reconnaissance process distinguishing the priority interventions for the immediate repair and local reinforcement of residential and productive buildings, including those in which early childhood education and care services and sports facilities are provided, which are lightly damaged, from those for the restoration or punctual reconstruction of the same buildings, which are seriously damaged. The commissioner is also responsible for identifying the integrated reconstruction of seriously damaged or destroyed historical or urban centres and nuclei and for defining the guiding criteria for interventions to make the restoration or repair of buildings compatible with the protection of architectural, historical, landscape and environmental aspects, also through specific indications aimed at ensuring eco-sustainable architecture and energy efficiency.

Contribution process

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The text also regulates in detail the procedure for the payment of contributions. The application must be submitted to the municipalities, enclosing the documentation required for the issuance of the building permit, the AeDes form, any eviction order, and the sworn technical report and project of the proposed interventions, with the estimated metric calculation showing the amount of the contribution requested. In contracts between private parties, the financial traceability clause is always mandatory, with which the contractor also assumes the duty to notify the commissioner, within 15 days of becoming aware, of any failure of its subcontractors or subtenants to comply with the same obligations.

Five plans for public reconstruction

The bill lists five special plans to be adopted by the extraordinary commissioner within twelve months of his appointment: public works, cultural heritage, hydrogeological instability, environmental infrastructure, state infrastructure.

Implementing subjects

The Regions, the Ministries of Culture or of Infrastructure and Transport, the State Property Agency, the dioceses, the universities and the local authorities themselves, if delegated by the governors, may be responsible for the repair, restoration or reconstruction of public works and cultural assets. A permanent conference may be set up to monitor and accelerate the work. The implementing bodies make use of a single central purchasing body.

Immediate damage settlement at 30% for insured companies

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Undertakings that have taken out policies may request immediate settlement, within the limit of 30% of its amount, of the total indemnifiable damage under the insurance contract taken out, as estimated by a certified expert's report.

4% of annual appropriations can be allocated to development

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A new article, Article 25, 'Interventions for development', has been added to the text, according to which 4% of the annual appropriations for reconstruction after individual disasters may be allocated, within the framework of a development programme approved by the extraordinary commissioner, to the valorisation of territorial, productive and professional resources, the promotion of direct and indirect employment effects, and the increase in the supply of goods and services related to the well-being of citizens and businesses.

The insurance proxy

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The bill delegates the Government to adopt, within one year of the law coming into force, one or more legislative decrees to define insurance schemes to indemnify citizens and businesses against damage to buildings. The Executive will have to identify the group of subjects, the type of eligible buildings, the insurable risks and damages that can be indemnified, and the extent of the insurance limits, in order to "ensure adequate and uniform coverage throughout the national territory". And it will promote at Consap the establishment of a role of experts for the economic estimation of damage caused by calamitous events.

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