Bill 692.

Summary.

The bill establishes a special framework for the protection, conservation, remediation, ecological restoration, environmental recovery, responsible use and sustainable management of lago de Los Andes, in watershed number 142 of the distrito de San Miguelito. It seeks to reverse the cumulative impacts of human activities through institutional coordination, planning, environmental education and public participation. Its scope includes the lake, associated water bodies, natural drainage channels, green areas, connected ecosystems and other areas of influence identified through technical studies by the Ministry of Environment (Ministerio de Ambiente).

It defines water pollution, remediation, ecological restoration, environmental education, green infrastructure and the area of influence. It directs that the proposed law be interpreted and applied under the principles of prevention, precaution, full restoration and reparation, public participation, intergenerational equity, polluter responsibility and transparency. In that context, it refers to the Rio Declaration (Declaración de Río), Law 41 of 1998 (Ley 41 de 1998), the Escazú Agreement (Acuerdo de Escazú) and Law 6 of 2002 (Ley 6 de 2002). Persons who cause environmental damage or pollution would bear the costs of prevention, control, mitigation, repair, restoration and, where applicable, compensation.

The Ministry of Environment would coordinate implementation, monitoring and evaluation of the measures and the restoration plan. Participating public institutions would include relevant actions in their annual operating plans, within their legal responsibilities and available budgets. Communities in the area of influence would have the right to participate in the plan’s formulation, implementation, monitoring and evaluation through consultation and access to environmental information. Recognized community-based organizations could take part in those activities, develop projects and arrange partnerships, cooperation, technical assistance and financing. Competent institutions could also enter into cooperation agreements with environmental organizations, universities, educational institutions and other civil society bodies.

The Ministry of Environment would have to formulate and approve the Comprehensive Remediation and Ecological Restoration Plan within twelve (12) months of the proposed law’s entry into force. The plan would be binding and the ministry would implement it progressively over ten (10) years. It would be reviewed when environmental conditions require and, in any event, every five years. Its contents would include a scientific and technical assessment, goals, timetables, compliance indicators, restoration measures, a multiyear budget, financial instruments and public participation. It would be integrated into existing environmental planning instruments. Formulation, implementation and evaluation would involve broad, informed and inclusive participation. The ministry would establish monitoring arrangements and publish annual reports on progress, results, budget execution and achievement of goals, available in physical and digital form.

Implementation would be funded through appropriations to the competent institutions and could also receive international cooperation funds, donations, multilateral contributions, legally permitted public-private partnerships and other lawful funding. Institutions would include the necessary resources in their budgets, subject to the State’s financial capacity and budget rules. The Ministry of Environment could obtain resources exclusively for restoration, research, environmental education and institutional capacity. Persons operating in the area of influence would have to prevent pollution and degradation. Prohibited conduct would include dumping waste, discharging untreated wastewater, filling the lake, altering water flow without technical authorization, introducing invasive species, removing protective vegetation, open burning and extracting materials without environmental authorization. The ministry would impose sanctions according to the seriousness of the violation, the resulting damage and applicable due process, without excluding other sanctions. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within ninety (90) days of promulgation, and the proposed law would take effect in the next fiscal period following promulgation.

The bill connects the Ministry of Environment with the Municipality of San Miguelito (Municipio de San Miguelito), the Ministry of Health (Ministerio de Salud), the Ministry of Public Works (Ministerio de Obras Públicas), the Ministry of Education (Ministerio de Educación), the Urban and Household Sanitation Authority (Autoridad de Aseo Urbano y Domiciliario) and the Tourism Authority (Autoridad de Turismo). Its provisions would concern nearby communities and organizations, as well as sanitation, waste management, public works, education, research and tourism.