Art. 215. Superior Board of Public Works

1. Full functional and organizational autonomy is guaranteed, as well as the independence of judgment and evaluation of the Board of Public Works as the highest technical advisory body of the State.

2. By decree of the President of the Republic, upon the proposal of the Minister of Infrastructures and Transport, upon the resolution of the Council of Ministers, new consultative powers may be assigned on matters identical or similar to those already within the competence of the Council itself. The same decree provides for regulating the representation of the various administrations of the State and the Regions within the Board of Public Works, as well as regulating the composition of the administrative technical committees, without new or greater burdens on public finance. The responsibilities of the National Council for Cultural and Environmental Heritage are reserved.

3. The Superior Council of Public Works expresses an obligatory opinion on the final projects of public works that are state-regulated, or in any case financed at least 50% by the State, for an amount exceeding 50 million euro, before the start of the procedures in Part II, Title III, of Legislative Decree 3 April 2006, n. 152 of the procedures referred to in articles 14, 14-bis and 14-ter of the law of 7 August 1990, n. 241 of the procedures referred to in Article 3 of the Decree of the President of the Republic April 18, 1994, n. 383, as well as, where foreseen, before the communication of the start of the procedure referred to in Article 11 of the Decree of the President of the Republic of 8 June 2001, n. 327, as well as an opinion on the projects of the other contracting authorities that are public administrations, always higher than this amount, if they so request. For public works of less than € 50 million, the responsibilities of the Board of Governors are exercised by the administrative technical committees of the interregional authorities for public works. If the public work is less than € 50 million, there are elements of particular relevance and complexity, the administrator submits the project, with a motivated explanatory report, to the opinion of the Board of Governors.

4. The meetings of the sections and of the General Assembly of the Superior Council of Public Works are valid with the presence of one third of the members and the opinions are valid when they are resolved with the favorable vote of the absolute majority of those attending the meeting.

5. The Superior Council of Public Works expresses its opinion within ninety days of the transmission of the project. Once this deadline has expired, the opinion is intended to be favorable.
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