Transcript Carlos de Icaza PowerPoint Presentation

Los Cabos, Mexico, November 2013
Second Conference on Legal Challenges
and Opportunities of Mexico’s Increased
Global Interaction
American Bar Association
Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Environmental Authorities
 Ministry of the Environment and Natural Resources (SEMARNAT): Among others,
SEMARNAT evaluates and authorizes the potential environmental impact of energy
facilities and is responsible of controlling and preventing atmospheric, water and soil
contamination generated from energy projects.
 Ministry of Agriculture, Livestock and Fisheries (SAGARPA): Among others,
SAGARPA issues Mexican Official Norms on sustainable production and grants
permits for biofuel production.
 Ministry of Energy (SENER): Among others, SENER issues Mexican Official Norms
that contain requisites characteristics and safety measures for the use of biofuels and
grants permits for biofuels projects.
SENER and CRE (Energy Regulatory
Commission, issue (non-environmental) energy related permits).
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Environmental Authorities
 The National Water Commission (CNA): Among others, CNA is responsible for
issuing concession titles for the use of national water in hydroelectric power plants
(as well as federal waste water discharge permits).
 The National Commission for the Efficient Use of Energy (CONUEE): Among
others, CONUEE is responsible for issuing methodologies for the calculation of
greenhouse gas emissions related to energy projects and sanctioning non-compliance
with the Law on the Sustainable Use of Energy.
 National Ecology and Climate Change Institute (INECC): Among others, INECC is
responsible for the general oversight of climate change related matters.
 Federal Environment Protection Agency (PROFEPA): Federal environmental law
enforcement agency.
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Policies, Statutes and Regulatory Framework
 The National Development Plan (2013-2018): Prepared by Mexico’s executive power
and contains a general guide for Mexico’s development. It contains a chapter on
energy and one on sustainable development that are applicable in this matter.
 Energy National Strategy (2013-2027): It contains a strategy in order to achieve
energy efficiency and avoid and reduce the environmental impact and risks.
 Renewable Energies Foresight (2012-2026): Mexican energetic sector analysis in
relation with renewable energies in order to achieve a clean energy generation and
consumption.
 National Strategy for Climate Change (2013): Leading instrument of the national
policy on mid and long term to face the effects of climate change and enter to a
sustainable competitive and low carbon emission economy.
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Policies, Statutes and Regulatory Framework
 The General Law on Ecological Equilibrium and Environmental Protection and its
Regulations: Overview on how environmental matters will be regulated in the
Federal, State and Municipal scopes.
 The General Law on the Prevention and Comprehensive Management of Waste
and its Regulations: Overview on how waste matters will be regulated in the
Federal, State and Municipal scopes.
 Federal Law on the Sustainable Development of Forestry and its Regulations:
Among others, it regulates how projects need to justify and obtain approval for
change of forestry land uses.
 The National Waters Law and its Regulations: Sets out the general rules for using
national water from federal water sources, as well as federal discharges of waste
waters.
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Policies, Statutes and Regulatory Framework
 The Electric Power Utility Law: (non-environmental) Divides the Mexican electricity
sector into the electric power utility service and power generation projects.
 The Law on the Sustainable Use of Energy: (non-environmental) Intends to
incentivize the sustainable use of energy during all stages from generation to
consumption.
 The Law on the Promotion and Development of Biofuels: (non-environmental)
Intends to promote the development of biofuels and energetic diversification.
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to
the Energy Sector.
• Main Policies, Statutes and Regulatory Framework
 The General Law on Climate Change: It establishes broad general framework type
provisions in order to face the adverse effects of climate change.
 The Law on the Use of Renewable Energy and the Financing of the Energy
Transition: (non-environmental) Among others, it regulates the exploitation of
renewable energies and clean technologies in order to provide energy for purposes
other than public service.
 Mexican Official Norms: (among others)
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SEMARNAT- Technical standards that regulate maximum contamination
limits for fixed and mobile sources.
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SENER- Technical standards published in order to achieve energy efficiency
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to the
Energy Sector.
• Main Environmental Permits and Licenses for Energy Projects
 Environmental Impact Authorization: The vast majority of activities related to the
generation of energy (construction of power plants, distribution and transportation
of fuels, etc) require a federal environmental impact authorization (EIA) to be
obtained from SEMARNAT.
 Operation License or Environmental Sole License: In order to generate air
emissions, obtaining an operations or sole environmental license is required.
 Annual Operations Report: Annual report on air emissions and other sources of
generation of contaminants (in accordance, among others, with Mexican Official
Norms and Registration of Emissions and Transfer of Contaminants).
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Mexican Statutes, Regulations, Policies and
Authorities on Environmental Issues Applicable to the
Energy Sector.
• Main Permits and Licenses
 Change of Forestry Land Use: In order to be able to perform any kind of work or
construction in areas having “forestry type vegetation”, authorizations for the change
of forestry land use are required (i.e., discuss ETJ + EIA).
 Registration as a Hazardous Waste Generator: The majority of the activities related
to the generation of energy produce hazardous waste and require a Registration as a
Hazardous Waste Generator.
 Water Concessions: In order to use national waters (i.e., federal water sources) a
concession title issued by the National Water Commission is required; and Waste
Water Discharge Permits: In order to discharge waste water in a national body of
water or federal water sources, a waste water discharge permit is required.
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Main General Environmental Regulation of
Renewable Energies and Sustainable Development.
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Projects based on Bioenergy, Wind Energy , Solar Energy, Geothermal Energy and
Hydropower often require, among others:
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Non-Environmental Permits from SENER/CRE
Environmental Impact Authorization
Change of Forestry Land Use Approvals (ETJ+EIA)
Environmental Risk Study
Accident Prevention Programme
Registration as a Hazardous Waste Generator
Water Concession Titles and Waste Water Discharge Permits
Air Emissions Operations License or Environmental Sole License (and Annual
Operations Report)
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Key Take-Away Points
 Extensive and comprehensive policies, laws and regulations
 Sophisticated Authorities
 Increased levels of enforcement
 Need to enter Mexican market with proper legal and technical advice
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For any questions or comments please contact
Carlos de Icaza Aneiros at [email protected]