The Mexican Center for Environmental Law, A.C. (CEMDA) recognizes the new Law on Ecological Balance and Environmental Protection of Baja California Sur (BCS) as a significant step forward for the protection of the region’s ecosystems.
On August 21, the approved legislation was published by the 17th Legislature of the Congress of the State of Baja California Sur. It is an update to a law that had been in force since 1991, and whose new version is the culmination of four years of work and collaboration among different sectors of society and government representatives.
The new legislation contains cutting-edge elements aimed at ensuring that the state prioritizes sustainable development, maintaining a harmonious balance between economic growth and the protection of the environment, territory, as well as the people and communities that live there.
The reform harmonizes state legislation with the General Law on Ecological Balance and Environmental Protection (LGEEPA), general environmental laws, contemporary principles of environmental justice, climate change and circular economy, as well as international commitments assumed by Mexico, such as the Paris Agreement and the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement). It also strengthens transparency, citizen participation and the technical evaluation of projects in order to respond to current environmental challenges.
Fundamental elements such as the Precautionary Principle are also incorporated. This principle establishes that a lack of scientific certainty cannot be used as justification for ignoring serious or irreversible environmental risks. At the same time, the powers of the state were strengthened so that it can develop public policies benefiting priority ecosystems, in which coordinated work can be carried out with different levels of government.
In order to guarantee certainty for investment and development, the law establishes a flexible evaluation system that maintains the Preventive Report as an alternative to the Environmental Impact Statement (MIA) in cases where applicable official standards exist or where projects have already been evaluated through planning instruments. Projects under federal jurisdiction remain under the authority of the Federal Government.
The approved legislation does not modify the current structure of the public administration. Instead, it only assigns environmental responsibilities to the already existing state Secretariat of Urban Planning, Infrastructure and Mobility, Environment and Natural Resources (SEPUIMM) and strengthens transparency mechanisms. Municipalities retain their authority to formulate and approve their Local Ecological Planning Programs and exercise the environmental powers already recognized to them under federal legislation.
Regarding the resources necessary to optimally implement this law, authorized budget allocations for the corresponding fiscal year already exist and can be used. Furthermore, it is important to clarify that the law did not create a general environmental tax. On the contrary, it prioritizes mechanisms such as self-regulation, environmental audits, subsidies, economic incentives, technical assistance, clean technologies and payments for environmental services. It also requires authorities to provide priority support to small and medium-sized businesses to facilitate their transition toward more sustainable processes.
CEMDA welcomes this effort and urges the public and private sectors of Baja California Sur to continue engaging in dialogue to strengthen the laws that protect the rich biodiversity of the state, thereby guaranteeing well-being for current and future generations.
Source: cemda.org
