The Ministry of Environment and Sustainable Development (“MADS” as per its acronym in Spanish) issued Decree No. 0852 of July 5, 2024 in order to amend Articles 2.2.2.3.1.1, 2.2.2.3.2.2. and 2.2.2.3.2.3 of Decree 1076 of 2015 on the powers to grant environmental licenses to projects for the exploration and use of alternative energy sources, understood as those using Non-Conventional Renewable Energy Sources (“FNCER”) as per its acronym in Spanish), according to Law 1715 of 2014.
The Decree reassigns the competencies to grant environmental licenses for energy projects using FNCER, determining that the National Authority of Environment Licenses (“ANLA” in Spanish) is the competent authority to grant or deny the environmental license for FNCER projects with an installed capacity equal to or greater than 50 MW. The regional environmental authorities are now the competent authorities to grant or deny licenses for FNCER projects with a capacity equal to or greater than 10 MW and less than 49.9 MW.
What does the Decree intend?
The Decree will take effect 3 months after its publication (July 5, 2024), that is, on October 5, 2024 and is only applicable for FNCER projects that file environmental licensing applications after the Decree enters into force. Projects with applications already in process will continue under the current regulations until their conclusion.