Subject to the authorisation provided for in Article 7 of the aforementioned Law no. 2000-108 of 10 February 2000, the municipalities, within their territory, and the public cooperation establishments, within the territory of the municipalities that are members of them, may, in addition to the possibilities opened up by the twelfth and thirteenth paragraphs of Article 8 of Law no. 46-628 of the aforementioned 8 April 1946, develop, operate, have developed and operate under the conditions laid down in this code any new hydroelectric facility, any new facility using other renewable energies defined in particular in article L. 211-2 of the Energy Code, any new facility for the energy recovery of household or similar waste mentioned in articles L. 2224-13 and L. 2224-14 of this code, or any new renewable or low-carbon hydrogen production facility defined in Article L. 811-1 of the Energy Code, cogeneration or energy recovery from installations intended to supply a heating network under the conditions set by the tenth paragraph (6°) of Article 8 of the aforementioned Law no. 46-628 of 8 April 1946 when these new installations result in energy savings and a reduction in atmospheric pollution.
The provisions of the previous paragraph apply without prejudice to the maintenance of production activities existing on the date of publication of the aforementioned law no. 2000-108 of 10 February 2000, in application in particular of Article 23 of the law of 16 October 1919 relating to the use of hydraulic energy.
For the installations mentioned in this article falling within the scope of Article 10 of the aforementioned law no. 2000-108 of 10 February 2000, the municipalities and public cooperation establishments of which they are members benefit, at their request, from the obligation to purchase the electricity produced under the conditions provided for in this article.