Agreement by which the Law of the State Impact Commission is disclosed and the Law that creates the Feasibility Commission of the State of Mexico is Abrogated
On January 5, 2021, through the Official Newspaper of the State of Mexico "Government Gazette" State of Mexico, the agreement by which the repeal of the Law is made known creates the Feasibility Commission of the State of Mexico " Feasibility Commission ”and the issuance of the Law of the State Impact Commission“ Impact Commission ”.
Through the agreement in question, some of the criteria established in the agreement published in 2018 were reproduced, however, unlike said agreement, the name change of the FEASIBILITY COMMISSION was established, to which it remained as “Impact Commission State".
It is necessary to point out that the petitioners who have procedures in process to obtain the Single Feasibility Opinion, entered in advance of the entry into force of this Decree, will have 30 business days to, where appropriate, continue with their procedure before the IMPACT COMMISSION presenting the missing requirements, attending to the preventions or stating in writing your intention to continue with the process.
Likewise, it was established that the State Impact Assessment shall be understood as the permanent document issued by the IMPACT COMMISSION, supported by one or more technical impact evaluations in various matters, the purpose of which is to determine the feasibility of new projects, extensions or updates. , that due to the use or exploitation of the land generate effects on the infrastructure, urban equipment, public services, the environment or civil protection, in terms of the applicable legal provisions.
On the other hand, it is necessary to point out that with respect to the official document of legal origin issued by the IMPACT COMMISSION, it will no longer be carried out, since it is not contemplated in the new law, therefore the documentation has now been received and accepted by the COMMISSION OF IMPACT will put a respective stamp as an acknowledgment of the application, so that the applicant can start the management of authorizations, licenses and permits before
the municipal authorities and until, in his case, he obtains the State Impact Assessment, he will be able to obtain the corresponding authorization, license or permit.
Similarly, it was determined that the terms granted in this law both for the IMPACT COMMISSION and for the applicant in some cases will be shorter in order to obtain the opinion in a more agile manner.
It is important to point out that the corresponding authorities must issue the regulatory legal provisions corresponding to the law in question within a period of no more than 60 business days from the entry into force.
By virtue of the foregoing, it is recommended that, in case of being subject to the State Impact Assessment in accordance with the provisions of the law in question, it is attended by legal advice, for which the BRIFFAULT ABOGADOS, SC team is at your service to provide appropriate and timely advice in relation to all relevant acts, as well as the contentious area to develop means of defense against any act of abuse by the competent authorities in environmental matters.