LEY NÚM. 21.455

CLIMATE CHANGE LAW

Bearing in mind that the H. National Congress has approved the following

Bill:

"TIT I

GENERAL PROVISIONS

PART II

MANAGEMENT INSTRUMENTS OF CLIMATE CHANGE

PART III

OF INVESTMENT EFFECT AND CERTIFICATE EFFECTS OF EMISSIONS

PART IV

INSTITUTIONALITY FOR CLIMATE CHANGE

PART V

ACCESS TO INFORMATION SYSTEM ON CLIMATE CHANGE AND CIUDATE PARTICIPATION

PART VI

FINANCIAL MECHANISMS AND LINES TO ENGINE CLIMATE CHANGE

PART VII

COMPLEMENTARY PROVISIONS

PART VIII

REGIME OF SANTIONS

PART IX

_

TRANSITIONAL ARTICLES

Having complied with the provisions of article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, May 30, 2022.- GABRIEL BORIC FONT, President of the Republic.- María Heloísa Rojas Corradi, Minister of the Environment.- Izkia Siches Pastén, Minister of the Interior and Public Security.- Antonia Urrejola Noguera, Minister for Foreign Affairs.- Maya Fernández Allende, Minister of National Defense.- Mario Marcel Cullell, Minister of Finance.- Nicolás Grau Veloso, Minister of Economy, Promotion and Tourism.- Nicolás Cataldo Astorga, Minister of Education (S).- Juan Carlos García Pérez de Arce, Minister of Public Works.- María Vegoña Yarza Sáez, Minister of Health.- Carlos Montes Cisternas, Minister of Housing and Urbanism.- Esteban Valenzuela van Treek, Minister of Agriculture.- Marcela Hernando Pérez, Minister of Mining.- Cristóbal Pineda Andradez, Minister of Transport and Telecommunications (S).- Claudio Huepe Minoletti, Minister of Energy.- Flavio Salazar Onfray, Minister of Science, Technology, Knowledge and Innovation.

What I am transcribing to you for whatever purposes I deem relevant.- Maximiliano Proaño Ugalde, Assistant Secretary of the Environment.

Constitutional Court

Draft Law Establishing Framework Law on Climate Change for Bulletin No. 13191-12

The Secretary of the Constitutional Court, who subscribes, certifies that the Honourable Senate of the Republic sent the bill set out in the heading, approved by the National Congress, in order that this Court exercise the control of constitutionality in respect of its articles 11, final paragraph, first sentence; 12, first paragraph; 14 fifth paragraph; 15, third paragraph, final sentence; 17, sixth and seventh; 24; 25, first paragraph; 26, second paragraph, second sentence, 48;

It states:

1st. That the following articles contained in the draft law establishing the Framework Law on Climate Change, corresponding to bulletin No. 13191-12, are in conformity with the Constitution:

(a) Article 8, paragraph 5, in the sentence: "This procedure shall, at least, contemplate the participation of the competent sectoral authorities, a stage of citizen participation, which shall have a duration of sixty working days, including the informed participation of the municipalities and regional governments, and the pronouncement of the Council of Ministers for Sustainability and Climate Change."

(b) Article 9th, paragraph 3, in the sentence: "This procedure shall be coordinated by the Ministry of the Environment and shall, at least, contemplate a stage of citizen participation, which shall have a duration of sixty working days, including the informed participation of the municipalities and regional governments, and the pronouncement of the Council of Ministers for Sustainability and Climate Change."

(c) Article 11, final paragraph, only in the sentence: "The Regional Climate Change Action Plans will be approved by a resolution of the respective Regional Presidential Delegate, following a favourable agreement by the Regional Government."

(d) Article 12, paragraph 1

(e) Article 14, paragraph 5;

(f) Article 15, paragraph 3, in the sentence: "This ruling may be claimed before the Environmental Court within fifteen working days of its notice. It shall be competent to hear of this claim, the Environmental Court of the place where the resolution has been rendered."

(g) Article 17, sixth and seventh.

(h) Article 24.

(i) Article 25, first and second subparagraphs.

(j) Article 40, paragraph 2, in the sentence "Respect of the latter, the report of the Regional Government and the corresponding municipality shall always be required, for the purpose of which they indicate whether the project or activity relates to the instruments indicated".

(k) Article 48, No. 1 and 3.

(l) Article 49.

(m) Article 54.

2°. No decision is issued, in a preventive review of constitutionality, of the remaining provisions of the draft law, not to deal with matters regulated by the Constitutional Organic Law.

Santiago, May 13, 2022.- María Angélica Barriga Meza, Secretary.