Reformed Law Environment.

Original Language Title: REFORMASE LA LEY DE MEDIO AMBIENTE.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-de-medio-ambiente-1/archivo_documento_legislativo



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INDEX LEGISLATIVE DECREE No. 158

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- The Constitution recognizes the human person as the origin and purpose of the activity State, which likewise declares that it is the duty of the state to protect natural resources and the diversity and integrity of the environment, declaring social interest the protection, conservation, rational utilization, restoration or replacement of natural resources, in terms that established by law;
II.- by Legislative Decree No. 233 dated March 2, 1998, published in the Official Journal No. 79, Volume No. 339 of May 4 of that year, the Environment Act was enacted, which It establishes the foundations of environmental policy and regulates matters pertaining to the various ecosystems as well as the objectives of the System of protected areas, within which is the preserve the provision of environmental services derived from protected areas, such as carbon sequestration, reducing the greenhouse effect, contributing to climate stabilization and sustainable use of energy;
III emissions of greenhouse gases are the product of complex dynamic systems, determined by population growth, economic development and technological change, and its relatively uncertain future developments and escapes purely national forecasts;
IV.- That to reduce this uncertainty and can face forced adaptation to climate change is needed climate scenarios that make viable the construction of a National Climate Change Plan as an appropriate tool for the evaluation of impacts and for adaptation initiatives and anticipated and planned mitigation;
V.- That being the impacts of climate change nationally perfectly identifiable, it becomes urgent to equip the current Environmental Law needed to introduce it Climate Adaptation and scientific principles and technical instruments as regulatory elements integrators thereof.
THEREFORE,
in exercise of its constitutional powers and initiative of MEPs: Irma Palacios Lourdes Vasquez Chacon Yohalmo Edmundo Cabrera, Ramon Aristides Valencia Arana and Gilberto Rivera Mejia (2009-2012 Legislature).
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LEGISLATIVE DECREES the following:
AMENDMENTS TO THE LAW OF ENVIRONMENT
Art. 1. reformed Article 2 as follows:
"PRINCIPLES OF NATIONAL POLICY ENVIRONMENT
Art. 2. The National Environmental Policy is based on the following principles:
a) All residents are entitled to a healthy and ecologically balanced environment. State is obliged to protect, promote and defend this right actively and systematically, as a requirement to ensure harmony between humans and nature;
B) The Climate Change Adaptation should be planned under the principles of common but differentiated responsibilities and rational use with intergenerational responsibility;
C) Economic and social development must be consistent and balanced with the environment; taking into consideration the social interest mentioned in Article 117 of the Constitution.;
D) shall ensure the sustainable use, availability and quality of natural resources as a basis for sustainable development and improve the quality of life of the population;
E) It is the responsibility of society in general, the State and any natural or legal person, replace or compensate for the natural resources it uses to ensure its existence, meet their basic needs, growth and development as well as framing their actions to relieve or mitigate their impact on the environment; therefore eliminating production patterns and unsustainable consumption shall be observed; without blemish of the sanctions that this law will give rise;
F) In the management of environmental protection, it prevails the principle of prevention and precaution;
G) environmental pollution or any of its elements, to prevent or impair their essential processes, entail an obligation restoration or compensation of damage must compensate the State or any natural or legal person affected if any, as this Act;

H) The formulation of the National Environmental Policy should take into account the institutional capacities of the State and municipalities, demographic factors, cultural levels of the population, the degree of contamination or deterioration of the elements of environment, and economic and technological capacity of the productive sectors;
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i) Public environmental management must be global and cross, shared by the various institutions, including municipalities and supported and complemented by civil society, in accordance with the provisions of this Act, its regulations and other laws of matter;
J) In the production or import of products processes should be encouraged eco-efficiency, stimulating the rational use of production factors and desincentivandose unnecessary production of solid waste, inefficient use of energy, water resources, and the waste of raw materials or materials that can be recycled;
K) In public management environmental criteria of effectiveness, which achieves environmental benefits at the lowest possible cost and in the shortest period, reconciling the need for environmental protection with economic growth should be applied;
L) obtaining behavior change on punishment is enhanced in order to stimulate the creation of a protectionist culture environment;
M) To adopt regulations that allow obtaining goals aimed at improving the environment, promoting a wide range of possible options for compliance, supported by economic incentives that encourage the generation of minimizers actions of the negative effects on the environment; and
n) Environmental education will aim to promote environmental culture in order to raise public awareness on the protection, conservation, preservation and restoration of the environment. "
Art. 2. reformed Article 4 as follows:
"DECLARATION OF SOCIAL INTEREST
Art. 4. It is declared of social interest protection and improvement of the environment and the adaptation and reducing vulnerability to climate change. Public or municipal institutions are obliged to include as a priority in all their actions, plans and programs, the environmental component and climate variation. The Government is responsible for introducing measures that provide an adequate economic valuation to the environment in line with the actual value of natural resources, assigned exploitation rights thereof so that the citizen to acquire, use them according to the principles of prevention and precaution, intergenerational responsibility and sustainable way. "
Art. 3. Intercálase in Article 5 and in the alphabetical order, the following:
"ADAPTATION TO CLIMATE CHANGE: Adjustment made by human or natural ecosystems
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in response to actual or expected climatic stimuli caused by climate change or its effects, which moderates harm, damage or mitigates seize opportunities "
" CLIMATE CHANGE:. Changing climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods "
" climate scenario. normally credible simplified representation of the future climate, based on a series climatological variables, prepared for use in the investigation of the likely consequences of anthropogenic climate change, to create impact models "
" MITIGATION. anthropogenic intervention to reduce the sources or enhance greenhouse gas sinks ".
"VULNERABILITY level of a system susceptibility to the adverse effects of climate change, including climate variability, extreme events; depending on the nature, magnitude and speed of them, against which is exposed, as well as its sensitivity and adaptability. "
Art. 4. Intercálase in Part II, including Title VI and Title VII, Title VI-BIS, containing a single chapter consists of seven articles, as follows:
"TITLE VI-BIS
ADAPTATION CLIMATE CHANGE

SOLE CHAPTER OF CLIMATE CHANGE ADAPTATION AND STRENGTHENING INSTITUTIONAL
SOCIAL RESPONSIBILITY

Art. 64-A.- The State through the Central, decentralized, autonomous, semi-autonomous and municipal government entities, take the necessary steps to study, investigate, prevent, plan for and respond urgently, appropriate, coordinated and sustained manner to the negative impacts of regulations Climate change.
Likewise any natural or legal person, especially the private sector and organized civil society, adopt practices that promote conditions to reduce vulnerability, improve capabilities allow forced adaptation and develop participatory approaches to mitigate the adverse effects of Change Climate.
INCORPORATION IN NATIONAL ENVIRONMENTAL POLICY
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LEGISLATIVE INDEX Art. 64-B.- The Ministry will incorporate adaptation to climate change within the National Environmental Policy, as a central focus and attention. ADAPTATION

planned anticipatory Art. 64-C.- Adaptation of human systems to climate change be anticipated and planned for this Ministry:
a) In coordination with the SINAMA shall develop regulatory standards, technical guidelines, guidelines and institutional guidelines necessary for the process creation and promotion of institutional capacities and reducing vulnerability to address adaptation to climate change in a planned manner and preferably before the event is revealed;
B) Identify, evaluate and select options for adaptation to climate change by assessing risk and prioritizing capacity or resilience of ecosystems, potential impacts, vulnerability conditions, costs, effectiveness, efficiency and viability of each of them ;
C) Direct research, promotion, development and increased use of technologies that reduce the emission of greenhouse gases and carbon dioxide sequestration, promoting advanced or innovative technologies that are real, quantitative and ecologically sustainable;
D) In ​​coordination with the competent institutions implement systematic and progressive development of an energy matrix based on sustainable and non-polluting renewable energy; and
e) Any other functions as assigned by this Law, regulations and special laws. NATIONAL

CLIMATE CHANGE PLAN Art. 64-D.- The National Climate Change Plan is the framework of inter-agency coordination of public administration and inter-sectoral policy assessment, impacts, vulnerability of different sectors and systems to adaptation to climate change.
The National Climate Change Plan will have the following objectives:
a) Ensuring the integration on adaptation to climate change for planning and management of national socio-economic sectors and ecological systems;
B) Encourage and promote participatory processes of all sectors involved in the various sectors and systems, aimed at identifying the best options for adaptation and mitigation of climate change into sectoral policies;
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c) Create a continuous process of knowledge generation and capacity building, applying them to the adaptation of Climate Change;
D) Develop and implement methods and / or tools for assessing impacts, vulnerability and adaptation to climate change better in each socioeconomic sector and affected ecological system;
E) Develop regional, national and specific geographic regions and its policy climate scenarios; and
f) Implement awareness campaigns and information for adaptation to climate change.
APPROVAL OF THE NATIONAL PLAN
Art. 64-E.- The Ministry with the support of the National System of Environmental Management, compiled every five years, the National Plan on Climate Change.
A national plan must be submitted to public consultation in relation to environmental management regulated by this Law.

CLIMATE SCENARIOS Art. 64-F.- The Ministry, develop for different sectors and models of future climate simulation systems, in order to build regional, national and specific geographical regions, to allow better representation of future climate scenarios climatic conditions, to reduce uncertainty, vulnerability and adaptation plan ways for different ecosystems.
Climate scenarios were developed considering general aspects in order to be able to be compared with other studies.

Climate scenarios will be incorporated into the different models of ecosystems, giving priority to human health, biodiversity, coastal and marine water resources, forests, agriculture, aquaculture, soil, transport, industry, energy, tourism, urban planning and construction.

MONITORING REPORTS Art. 64-G.- approved the National Plan for Climate Change Ministry shall prepare every two years, a monitoring report, summarizing the achievements, obstacles and proposals for its implementation and in each of the strategic areas assessed, considering the capacity building and climate, technological and financial aspects. "

Transitory Art. 5. The Ministry of Environment and Natural Resources and institutions, after the effective date of this Decree will have six months to comply with Article 64-B;
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a year to comply with Article 64-F; year and six months to present the National Plan that Article 64-E refers to.
Art. 6. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the eleventh day of October in the year two thousand and twelve.
OTHON Sigfrido Reyes Morales, president.
ALBERTO ROMERO ARMANDO RODRIGUEZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
JOSE ROBERTO MUNGUÍA d'Aubuisson, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON SOL Escalon, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH Secretariat. JOSE FRANCISCO
ZABLAH SAFIE, Reynaldo Antonio López Cardoza seventh Secretary. EIGHTH SECRETARY.
Casa Presidencial: San Salvador, on the eighth day of November in the year two thousand and twelve.
PUBLISH, Carlos Mauricio Funes Cartagena
, President of the Republic.
Herman Humberto Rosa Chávez, Minister of Environment and Natural Resources.
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OJ No. 211 Volume No. 397 Date: November 12, 2012
SV / geg 04-12-2012