Law on Climate Change
Congreso Nacional
- Decree: 297-2013
- Published: November 10, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,577
- Category: Environmental
Summary
This law establishes the regulatory framework for Honduras to address climate change. It creates institutions such as the National Climate Change Directorate and an interinstitutional committee to formulate policies for adaptation and reduction of greenhouse gas emissions. It affects all public entities, companies, and citizens, requiring them to incorporate climate mitigation measures in their plans and operations.
Considerations
Whereas in the month of March 1994, the first Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) was held in Berlin, Federal Republic of Germany, in which the pilot basis for the development of environmental mitigation projects and activities was approved. Considering that it was approved by the National Congress through Legislative Decree No. 26-95 dated July 30, 1995.
Whereas Article 340 of the Constitution of the Republic establishes that the State must regulate the exploitation of national territories in accordance with social interest, and furthermore declare as a matter of national convenience and collective interest the conservation of forests.
Whereas Honduras has a National Climate Change Strategy approved in the Council of State Secretaries through Executive Decree PCM-046-2010, in addition to environmental and forestry laws, set forth in the Law containing the Vision of the Country 2010-2038 and the Plan of the Nation for 2010-2022, in which Strategic Guideline 7 establishes the Regional Development of Natural Resources and the Environment (DRDRNA) with strategic relevance for Honduras's development, likewise for the year 2022 to have current operational plans in place. Whereas through Decree No. 286-2009 dated February 13, 2010 published in "La Gaceta", Official Gazette of the Republic dated February 2, 2010, the Law for the Establishment of a Vision of the Country and the Adoption of a Plan of the Nation for Honduras was approved, in which the Strategic Guideline, Regional Development of Natural Resources and Environment, still emphasizes climate change.
Whereas in the year 2002, within the framework of the World Summit on Sustainable Development, world leaders signed the Agreement on the Millennium Development Goals, which sets forth objectives, adjusts the conservation of biodiversity, food security, water security and sanitation, energy and health.
Whereas Article 7 of the General Environmental Law mandates that the State adopt whatever measures are necessary to promote the prevention of environmental contamination.
Whereas in accordance with Article 205, Attributions I, of the Constitution of the Republic, it is incumbent upon the National Congress to create, decree, interpret, reform and repeal laws.
Whereas in accordance with the provisions of Article 205, attribution 19) of the Constitution of the Republic, it is incumbent upon the National Congress to approve or disapprove the contracts executed by the authorities of the Public Sector, understood as part thereof, among others, the Judicial Branch.
Whereas on the eleventh (11) day of January of Two Thousand Thirteen, Contract No. 3-2013 was executed for the Rehabilitation of the Judicial Building of San Pedro Sula, Cortes Department, for an original amount of One Hundred Five Million Four Hundred Seventy-One Thousand, One Hundred Forty-Three Lempiras with Seventy-Eight Centavos (L 105,471,143.78) with an execution period from April 1, 2013 to September 25, 2014.
Whereas the Judicial Branch has requested an Extension of the Contract in the amount of Twenty-Seven Million Seven Hundred Ninety-Eight Thousand, One Hundred Six Lempiras with Forty-Seven Centavos (L 27,798,106.47).
Whereas Article 123 of the Law for the Constitution of the State establishes that approval by the National Congress is required if the amount of the contract modification exceeds twenty-five percent (25%) of the original amount, a modification that must be duly substantiated and shall proceed when new circumstances and needs concur, such that this be the only way to satisfy the public interest sought.
Whereas the total of the requested activities related in the preceding recital exceed twenty-five percent (25%) of the original amount of the Contract, and in order to satisfy the public interest sought in the Rehabilitation of the Judicial Building of San Pedro Sula, Cortes Department, such that the work be completed with the security and comfort that said facility must have, with the technical specifications and capacities required for its air conditioning justified by the direct expansion R22 system (Split Duct), capacity of 850 tons; fan motors in poor condition or nonexistent, damaged coils, damaged electronic system, etc., with refrigerant harmful to the environment, soon to be withdrawn from the market (year 2020) by a new, efficient and ecological system, with direct expansion B410A (Split Duct) completely new (850 tons) and helical chiller system air-cooled (700 tons), also offering the assurance that the same electrical supply will be used, there is availability of defects in
Articles
The objective of this Law is to establish the principles and regulations necessary to plan, prevent and respond in an appropriate, coordinated and sustained manner to the impacts generated by climate change in the country.
This Law has as its main purpose that the State of Honduras, represented by the institutions that comprise it, as well as the general population, adopt practices aimed at reducing environmental vulnerability and improving adaptation capacity, oriented to diminish the proposals for prevention and mitigation of the effects produced by climate change resulting from greenhouse gas emissions and other causes of environmental mismanagement.
The management, creation and establishment of measures for prevention, adaptation and mitigation directed at countering the threats and dangerous potentialities that are currently affecting our national territory; due to the phenomenon known as climate change, is the responsibility of the State Department for the Offices of Natural Resources and Environment (SERNA) and other institutions created by this Law and other applicable laws.
The management, creation and establishment of measures for prevention, adaptation and mitigation of climate change must be subject to the following principles:
- 1)
"In dubio pro natura": Precautionary principle adopted in the legislation of several countries to take actions for the benefit of the environment and natural resources, which even if there is doubt about an action or omission that may affect the environment or natural resources, the decisions made must be in the sense of protection, even without scientific proof;
- 2)
State Protection: The protection of natural resources constitutes an essential element for the development of the country, and the State must guarantee the means and policies for their conservation, restoration and sustainable use thereof;
- 3)
Precaution: The lack of total scientific certainty shall not be used as a reason to postpone measures.
This Law is of observance and mandatory compliance throughout the territory of the Republic of Honduras, constituting itself as the special regulatory framework for the subject of Climate Change.
The specific objectives of this Law are:
- 1)
Guarantee the right of the population to a healthy environment by establishing the concurrence of the central government and municipalities in the development and application of public policies for adaptation, mitigation of greenhouse gases and compounds;
- 2)
Regulate actions for the mitigation and adaptation of climate change; contribute to the strengthening of local governments and development plans of public and private sectors with the environmental variable, taking into account climate change and adaptation;
- 3)
Contribute to the establishment of resource management mechanisms for the effective application of public policies on climate change;
- 4)
Coordinate actions aimed at formulating and executing national policies for the mitigation of greenhouse gases, as well as adaptation to the adverse consequences of climate change;
- 5)
Reduce the vulnerability of the population and ecosystems of the country in the face of adverse effects of climate change;
- 6)
Develop education, research, development and technology transfer programs on climate change and adaptation, in coordination with public and private universities;
- 7)
Establish the bases for concertation with society;
- 8)
Contribute to the development of energy efficiency policies in productive sectors and encourage cleaner production; and,
- 9)
Promote the transition toward a competitive, sustainable economy with low carbon emissions.
The definitions of this Law are the following:
- 1)
Adaptation: Initiatives and measures aimed at reducing the vulnerability of natural and human systems to the real or expected effects of climate change;
- 2)
Global Warming: Long-term increase in the average temperature of the atmosphere, due to the emission of greenhouse gases released by human activities;
- 3)
Climate Change: A change in climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that adds to the natural variability of climate observed during comparable time periods;
- 4)
Climate: The state of atmospheric conditions that influence a geographic area;
- 5)
Change in Land Use: A change in land use or management by humans, which may lead to a change in land cover;
- 6)
Capture and Storage of Carbon Dioxide: Process that separates the capture of carbon dioxide from industrial sources and the energy sector, its transport to a storage location and its storage with respect to the atmosphere for long periods;
- 7)
Degradation: Reduction of carbon content in natural vegetation, ecosystems or soils, due to human action, in relation to the same vegetation, ecosystems or soils, if such intervention had not existed;
- 8)
Greenhouse Effect: The natural phenomenon by which the earth retains solar energy during part of the day, making it possible to maintain temperature and enabling the natural development of living beings that inhabit it;
- 9)
Adverse Effects of Climate Change: Changes in the physical environment or in the biota resulting from climate change that have significant harmful effects on the composition, recovery capacity or productivity of natural or managed ecosystems, or on the functioning of socioeconomic systems, or on human health and well-being;
- 10)
Greenhouse Gases (GHGs): Gases comprising the atmosphere, of natural and anthropogenic origin, that absorb and emit radiation at certain wavelengths of the infrared radiation spectrum emitted by the Earth's surface, atmosphere and clouds;
- 11)
Environmental Impact: Any significant alteration, positive or negative, of one or more components of the environment and natural resources, caused by human action and/or natural events;
- 12)
Clean Development Mechanism: Mechanism established in Article 12 of the Kyoto Protocol;
- 13)
Carbon Market: Trading system where reduced or absorbed emissions of Greenhouse Gases are bought and sold;
- 14)
Mitigation: Application of policies and actions aimed at reducing emissions from sources or improving sinks of greenhouse gases and compounds;
- 15)
Land Use Planning: Process of planning, evaluation and control, directed to identify and program human activities compatible with the conservation, use and management of natural resources of the national territory, respecting the carrying capacity of the natural environment, to preserve and restore ecological balance and protect the environment, as well as to guarantee the well-being of the population;
- 16)
Environmental Service: Benefit that society receives from natural goods and ecosystems;
- 17)
Climate System: The totality of the atmosphere, hydrosphere, biosphere and geosphere, as well as their interactions;
- 18)
Climate Variability: The variations of the mean state and other statistical characteristics of climate at all spatial and temporal scales broader than those of meteorological phenomena;
- 19)
Internal Variability: Produced as an effect of natural internal processes that occur within the climate system;
- 20)
External Variability: Produced as an effect of variations in natural or anthropogenic external forcing; and,
- 21)
Vulnerability: The degree of susceptibility or inability of a system to face the adverse effects of climate change and, in particular, the variability of climate and extreme phenomena.
The President of the Republic directs and guides actions through the Interinstitutional Climate Change Committee (CICC), as a permanent, consultative, deliberative and advisory body for formulating policies, monitoring and social control of the management of reduction and prevention of negative impacts of climate change and the mitigation of its adverse effects.
The State Department for the Offices of Natural Resources and Environment (SERNA) and the State Department for the Office of Finance (SEFIN) must develop a Climate Change Adaptation Plan (PANA) and the corresponding National Climate Change Mitigation Measures (MNM). The Plan and Measures must be delivered to the Interinstitutional Climate Change Committee (CICC) for its approval. The Interinstitutional Climate Change Committee (CICC) must unanimously report on the progress of both instruments.
The Interinstitutional Climate Change Committee (CICC) is composed of a representative from:
- 1)
The President of the Republic, who directs it and may delegate this function to a Designate to the Presidency or the State Secretary in the Office of the Presidency;
- 2)
The State Department for the Offices of Natural Resources and Environment (SERNA), who must serve as Secretary of the Committee;
- 3)
The State Department for the Office of Finance;
- 4)
The National Institute of Forest Conservation, Protected Areas and Wildlife (ICF);
- 5)
The Honduran Tourism Institute (IHT);
- 6)
The National Company of Electrical Energy (ENEE);
- 7)
The Commission on Environment and Climate Change of the National Congress;
- 8)
The Honduran Council of Private Enterprise (COHEP);
- 9)
The Association of Municipalities of Honduras (AMHON);
- 10)
The Higher Education Council (CES);
- 11)
The Foundation for Climate Change Initiatives of Honduras;
- 12)
The National Council for Sustainable Development;
- 13)
The Permanent Contingency Committee (COPECO); and,
- 14)
Members of organized Civil Society, aligned with the subject that at the discretion of this Committee may be summoned.
The Directive of the Interinstitutional Climate Change Committee (CICC) must meet in ordinary sessions four (4) times per year; in extraordinary situations, it may be summoned through a special call issued by the Secretary of the Committee.
The attributions of the Interinstitutional Climate Change Committee (CICC) are the following:
- 1)
Formulate the national policy on climate change, to submit it for consideration and approval by the Executive Branch;
- 2)
Approve the guidelines for the application of plans, strategies, programs and projects of measures for mitigation and adaptation of climate change, such as the National Strategy for Climate Change and the Action Plan;
- 3)
Approve for the national scope, the mechanism for the identification, promotion, concertation, approval of initiatives, research lines and investments for the management of reduction and prevention of negative impacts of climate change and the mitigation of its adverse effects for their inclusion in the national sectoral and subsectoral plans; promoting the National Strategy for Adaptation and Mitigation to Climate Change and the Plans Programs and Projects for Adaptation and Mitigation to climate change Adaptation Fund Projects, the Clean Development Mechanism, the Reduction of Emissions from Deforestation and Degradation (REDD), and Environmental Compensation for the conservation of natural resources in the country (payment for environmental services or creation of national compensation markets);
- 4)
Approve the guidelines of the instruments of ordering and planning of actions for mitigation and adaptation to climate change, in accordance with the objectives, guidelines, goals and indicators of the Law for the Establishment of a Country Vision 2010-2038 and the Adoption of a Plan of Nation 2010-2022;
- 5)
Promote within public, private and community institutions the implementation of public actions and approved strategies on the subject of mitigation and adaptation to climate change;
- 6)
Monitor and evaluate the progress and compliance of the plans and policies approved for the climate change topic or sector; and,
- 7)
Establish the necessary interinstitutional coordinations with authorities linked to climate change to ensure the implementation of projects that establish atmospheric concentrations of greenhouse gases. The Interinstitutional Climate Change Committee (CICC) must be provided with technical and logistical support for the effective fulfillment of its attributions.
The Interinstitutional Technical Committee on Climate Change (CICC) is created as a permanent body of support and consultation to the National Directorate of Climate Change and the Interinstitutional Climate Change Committee, in those cases that merit a broad analysis and participation, which is composed of the following institutions:
- 1)
The State Department for the Office of Natural Resources and Environment which will coordinate it through the National Directorate of Climate Change;
- 2)
The State Department for the Office of Education;
- 3)
The State Department for the Office of Finance;
- 4)
The State Department for the Office of Public Works, Transportation and Housing;
- 5)
The State Department for the Office of Agriculture and Livestock;
- 6)
The State Department for the Office of Defense;
- 7)
The Technical Secretariat for Planning and External Cooperation;
- 8)
The National Institute of Forest Conservation, Protected Areas and Wildlife (ICF);
- 9)
The Honduran Tourism Institute (IHT);
- 10)
The National Company of Electrical Energy (ENEE);
- 11)
The Commission on Environment and Climate Change of the National Congress;
- 12)
The Foundation for Climate Change Initiatives of Honduras;
- 13)
The Honduran Council of Private Enterprise (COHEP);
- 14)
The Association of Municipalities of Honduras (AMHON);
- 15)
The Higher Education Council (CES);
- 16)
The Permanent Contingency Committee (COPECO); and,
- 17)
Members of organized Civil Society, aligned with the subject that at the discretion of this Committee may be summoned.
The National Directorate of Climate Change (DNCC) of the State Department for the Office of Natural Resources and Environment (SERNA) acts as the specialized technical body on the subject of information and mitigation of climate change, which has as its main objectives the following: 1) Coordinate actions aimed at formulating and executing national policies for the prevention and mitigation of greenhouse gases, as well as adaptation to adverse effects of climate change, and, 2) Promote the development of programs and strategies for climate action, related to the fulfillment of commitments assumed through the registration of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. This Directorate must have the necessary funds to achieve its objectives and the proper performance of its functions, which must be incorporated in the corresponding budget of the State Department for the Offices of Natural Resources and Environment (SERNA) and in its corresponding impact of the State Department for the Offices of Natural Resources and Environment (SERNA) and certain officials of this State Department for achieving institutional objectives and proper exercise of their functions.
The organizational structure and functions of the National Directorate of Climate Change must be defined in the Regulations of this Law.
A Unit for Economic and Financial Management for Climate Change (UGEFCC) is hereby created within the Secretariat of State in the Office of Finance (SEFIN), which must be attached to the General Directorate of Public Credit, which must serve as support for the execution of resources from various funds or cooperation bodies for the financing and execution of programs and/or projects intended to address the challenges of climate change; for these purposes, the Unit for Economic and Financial Management for Climate Change (UGEFCC) must utilize the experience and capacity of all departments of this Secretariat of State to achieve the institutional objective and proper exercise of its functions.
The organizational structure and functions of the Unit for Economic and Financial Management for Climate Change (UGEFCC) of the Secretariat of State in the Office of Finance (SEFIN) must be defined in the Regulation of this Law.
The Unit for Economic and Financial Management for Climate Change (UGEFCC) of the Secretariat of State in the Office of Finance (SEFIN) must be headed by a Chief or Coordinator and must have qualified technical advisory services in the priority areas of its competence.
This Unit must have the necessary funds to achieve its objectives and the proper performance of its functions, which must be incorporated into the corresponding budget of the Secretariat of State in the Office of Finance.
All public sector entities dedicated to the study, research, and scientific and technological application must design and implement plans, programs, projects, actions, and strategies related to adaptation and mitigation to climate change in order to:
- 1)
Improve risk management.
- 2)
Reduce vulnerability.
- 3)
Improve adaptation, and 4) Contribute to the reduction of greenhouse gas emissions. The universities of the country and private research centers, in their spirit of contributing to the solution of national problems, must propose new research structures in the field of climate change in fulfillment of their extension and development function. The Secretariat of State in the Offices of Natural Resources and Environment (SERNA) must establish its inter-institutional capacities for research, mediation, and monitoring of Greenhouse Gas (GHG) emissions and other aspects associated with climate change; furthermore, it must be responsible for specific research on Greenhouse Gas (GHG) and the development of climate change scenarios.
Public and private entities must provide information related to Climate Change, especially regarding emissions and reduction of greenhouse gases, vulnerability and adaptation to climate change, as requested by the Secretariat of State in the Offices of Natural Resources and Environment (SERNA), through the National Directorate of Climate Change (DNCC).
The Technical Secretariat of Planning and External Cooperation (SEPLAN) shall integrate the climate change variable, for which it must coordinate the process of planning and programming of public investment at the sectoral, public, and territorial levels, ensuring that the Regional Development Councils and the different public entities in their policies, plans, programs, and projects contribute to the objectives of this Law. The Technical Secretariat of Planning and External Cooperation (SEPLAN), the Secretariat of State of the Presidential Office, and the Secretariat of State in the Office of Finance (SEFIN) must prioritize the allocation of economic resources to government entities that formulate their plans, programs, and projects according to what is established in this Article. The Technical Secretariat of Planning and External Cooperation (SEPLAN), the Secretariat of State of the Presidential Office, and the Secretariat of State in the Office of Finance must also guarantee the inclusion of these projects in the National System of Public Investment.
The National Strategy on Climate Change must be complemented with the National Action Plan for Adaptation and Mitigation to Climate Change. The Secretariat of State in the Offices of Natural Resources and Environment (SERNA), through the National Directorate of Climate Change (DNCC), jointly with the Secretariat of State in the Office of Finance (SEFIN) and other instances and authorities linked to this matter, must prepare the National Action Plan for Adaptation and Mitigation to Climate Change, which must be updated according to the results of the National Communications on Climate Change.
The Institute of Development and Conservation of Forests, Protected Areas and Wildlife (ICF), the Secretariat of State in the Office of Agriculture and Livestock (SAG), the Secretariat of State in the Offices of Natural Resources and Environment (SERNA), and the Technical Secretariat of Planning and External Cooperation (SEPLAN) must provide the collaboration that the Municipalities of the country require to adapt their territorial planning plans, for the purposes of this Law and the Law of Vision of Country and Plan of Nation. The Municipalities and Municipal Development Councils, in accordance with their respective competencies, in promoting territorial planning for adaptation and mitigation to climate change, must take into account the results of the National Strategy, the National Action Plan for Adaptation and Mitigation to Climate Change, the Council of Honduran Businesses, and existing information on the biotic, social, economic, and cultural conditions of their respective territories.
The public institutions to which it corresponds shall execute the risk management plans and programs designed, taking into consideration the conditions and circumstances of the country, which are applied from the local to the national level, including systems of prevention and provision of basic services in cases of emergency, in accordance with the scenarios planned by the Secretariat of State in the Offices of Natural Resources and Environment (SERNA) and with the support of the Permanent Commission of Contingencies (COPECO).
Based on the National Action Plan for Adaptation and Mitigation to Climate Change, the public institutions that correspond must have strategic and operational plans, according to the following specific thematic areas:
- 1)
Human Health. The Secretariat of State in the Office of Health and the Honduran Institute of Social Security (IHSS) must take into account climate change in their plans to improve prevention and reduce respiratory diseases, among others, that may increase due to climate variability, considering the environment, acute respiratory infections, diarrheal diseases, and particularly, injuries, infections, and other agroecological effects of soil and agriculture.
- 2)
Marine Coastal Zones. The Secretariat of State in the Offices of Natural Resources and Environment (SERNA), the Secretariat of State in the Offices of Agriculture and Livestock (SAG), the Secretariat of State in the Office of National Defense, the Honduran Institute of Tourism (IHT), the Secretariat of Planning and External Cooperation (SEPLAN), and the National Institute of Conservation and Development of Forests, Protected Areas and Wildlife (ICF), by mandate of the National System of Protected Areas (SINAP), must identify and implement national programs, projects, and actions to prevent and reduce vulnerability to the effects of climate change of the most vulnerable populations and those in situations of risk;
- 3)
Agriculture and Livestock. The Secretariat of State in the Offices of Agriculture and Livestock (SAG), jointly with the Technical Secretariat of Planning and External Cooperation and the Secretariat of State in the Offices of Natural Resources and Environment (SERNA), must develop and promote plans so that the Honduran agricultural sector adapts to the variability and effects of climate change;
- 4)
Forest Resources, Ecosystems and Protected Areas. The Institute of Development and Conservation of Forests, Protected Areas and Wildlife (ICF), the National Council of Protected Areas (CONAP), and the Secretariat of State in the Offices of Natural Resources and Environment (SERNA) must develop local, regional, and national plans for the prevention and control of forest fires, for the efficient management of the units that make up the Honduran System of Protected Areas (SINAPH), the ecological corridors, and forest ecosystems to increase their relative rate of change to climate variability and to ensure the maintenance of ecological processes and natural goods and services; and,
- 5)
Infrastructure. The Secretariat of State in the Offices of Public Works, Transportation and Housing (SOFTRAVD), other Public institutions that correspond, and the Municipalities must adopt standards for the design and construction of physical works that take into account the variability and climate change according to the characteristics of the different regions of the country.
The productive, business, and economic sector of the country, in the provision of services and production of goods, must consider the variability and climate change as well as the conditions specific to the different regions, including the traditional and ancestral knowledge appropriate to its inhabitants, taking advantage of appropriate, clean, and environmentally friendly technologies and the ecological and biotic conditions of the country. Likewise, it must adopt new productive practices aligned with the climate change approach.
The institutions of the Central Government, the Municipalities, the Deconcentrated Authorities, Municipal Development Councils, and the users of water resources must strengthen and introduce measures to ensure an improvement in the reproduction of the hydrological cycle, contributing to the prevention of degradation of forest ecosystems and soils and the change in land use, especially in areas of water recharge and riparian zones.
The Secretariat of State in the Offices of Agriculture and Livestock (SAG) and the Secretariat of State in the Offices of Natural Resources and Environment (SERNA) must establish policies and programs to promote improved soil conservation and establish recommendations for productive use of the same.
The National Electric Power Company (ENEE), in coordination with the Secretariat of State in the Offices of Natural Resources and Environment (SERNA), the Technical Secretariat of Planning and External Cooperation (SEPLAN), and the Cabinet of Energy Policies, must prepare the National Energy Plan for Production and Consumption based on the exploitation of renewable natural resources, the promotion of technologies for energy efficiency and savings, and the reduction of greenhouse gas emissions.
When emissions of Greenhouse Gases (GHG) resulting from the burning of fossil fuels are greater than those that would be produced if made with non-fossil fuels for electricity generation, they must always be compensated through compliance with the Regulation for the Control of Emissions Generated by Fixed Sources. For these purposes, the State Secretariat in the Office of Natural Resources and Environment (SERNA), in coordination with other competent entities, shall ensure compliance with the Regulation for the Participation of Polluting and Human Gases from Motor Vehicles and the Regulation for the Control of Emissions Generated by Fixed Sources.
The State Secretariat in the Office of Natural Resources and Environment (SERNA), the State Secretariat of Agriculture and Livestock (SAG), the Nicaraguan Autonomous Service of Aqueducts and Sewers (SANAA), and the Institute for the Development and Conservation of Forests, Protected Areas and Wildlife (ICF) must adjust and design in accordance with the objectives and principles of this Law, the policies, strategies, programs, plans and projects for the development of forest resources, including the promotion of environmental services that reduce the emission of greenhouse gases through the protection and conservation of forest ecosystems.
The Institute for the Development and Conservation of Forests, Protected Areas and Wildlife (ICF), through the National Council of Protected Areas (CONAP), and the Secretariats competent in the scope of activities, must adjust and design in accordance with the objectives and principles of this Law, the policies, strategies, programs and plans for the development of production capacities of Direct Vegetable Oil (DVO) using research and technologies to replace diesel in engines converted to the use of DVO, taking into account that the original diesel in Diesel engines was designed to operate with vegetable oil and not petroleum-based fuels. The use of DVO substantially reduces the emissions of Greenhouse Gases (GHG).
The State Secretariat in the Office of Natural Resources and Environment (SERNA) through the Center for Studies and Control of Pollutants (CESCO) in conjunction with the State Secretariat in the Office of Public Works, Transportation and Housing (SOFTRAVD) and the National Transit Authority, must issue a master measurement program of twelve (12) months, the regulations governing the emissions of Greenhouse Gases (GHG) and the national space for collection in collective and individual public transportation. The State Secretariat in the Office of Finance (SEFIN), the National Energy Commission (CNE), and the Executive Revenue Authority (DEI), must propose the regulations to establish a fiscal incentive program focused on the use of clean energy for public and private transportation.
The Institute for the Development and Conservation of Forests, Protected Areas and Wildlife (ICF), through the National Council of Protected Areas (CONAP), and the State Secretariats in the Office of Agriculture and Livestock (SAG) in coordination with the State Secretariat in the Office of Natural Resources and Environment (SERNA), and the Technical Secretariat for Planning and External Cooperation (SEPLAN) must adjust and design in accordance with the objectives and principles of this Law, the policies, strategies, programs, and plans for the development and sustainable use and management of forest resources, including the promotion of environmental services that reduce the emission of greenhouse gases through the protection and conservation of forest ecosystems.
The Interinstitutional Committee on Climate Change (CICC) and its Board of Directors are obligated, as applicable, to promote and facilitate, at the national, regional and local level, strategic actions for dissemination, public awareness, sensitization and education with respect to climate change, which leads to conscious, social and proactive participation of the population in their roles, in the face of the imminent danger to physical integrity, production capacity, health, patrimony and development; to ensure compliance with commitments for the promotion of education before the United Nations Framework Convention on Climate Change (UNFCCC); without prejudice to what is stipulated in other special laws in matters of education.
All public institutions that have functions assigned by this Law must allocate within their budget the necessary resources for compliance therewith.
The State Secretariat in the Office of Natural Resources and Environment (SERNA), with technical support from the General Directorate on Climate Change, is obligated to issue the regulations of this Law, once approved by the Interinstitutional Committee on Climate Change (CICC), as well as to provide follow-up to the preparation and promotion of the plans and programs and other provisions to develop and make effective the application of this Law within a period not exceeding one (1) year from its entry into force.
The Executive Decrees are hereby ratified: PCM 022-2010, which elevated the Climate Change Unit of the State Secretariat in the Office of Natural Resources and Environment (SERNA) to the category of National Directorate, and PCM 048-2011, which created the Unit for Economic and Financial Management for Climate Change, in the State Secretariat in the Office of Finance (SEFIN).
Based on the Forest Law of Protected Areas and Wildlife, the Institute for Forest Conservation, Protected Areas and Wildlife (ICF) is instructed to promote the Carbon Project in order to generate income for communities within the framework of this Law.
This Decree enters into force on the date of its publication in the official journal La Gaceta. Given in the city of Tegucigalpa, Municipality of the Central District, in the Hall of Sessions of the National Congress, on the thirteenth day of the month of January of two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT, BY THE LAW GLADIS AURORAL LOPEZ CALDERON SECRETARY ANGEL DARIO BANEGAS LEIVA SECRETARY It is hereby released to the Executive Branch on the date of March 3, 2014. Therefore: Let it be executed. Tegucigalpa, M.D.C., March 14, 2014 JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF NATURAL RESOURCES AND ENVIRONMENT. JOSE GALDAMEZ Legislative Branch
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