On July 29, 2025, the Rio de Janeiro State Environmental Institute (INEA) published Resolution No. 318/2025, which approves Operational and Procedural Standard (NOP) INEA-60.R-0. The new regulation establishes voluntary sustainability criteria that may be leveraged by licensed projects to extend the term of their Operating Licenses (LO) and Unified Environmental Licenses (LAU), in accordance with Article 12 of State Decree No. 46,890/2019 (SELCA).
The NOP will come into force in January 2026 and aims to encourage the adoption of ESG practices through regulatory incentives. While optional, adherence to the criteria may allow for the extension of license terms by up to an additional six years, beyond the six-year minimum term set by SELCA, subject to the legal maximum of 12 years.
Key aspects of the regulation include:
- Nine thematic groups of sustainability criteria, covering: (i) certifications and internal policies; (ii) water and effluent management; (iii) raw materials and waste management; (iv) energy transition and decarbonization; (v) sustainable architecture and construction; (vi) environmental conservation; (vii) socio-environmental justice; (viii) nature-based solutions; and (ix) research, development and innovation.
- Scoring system based on adopted practices, with different weights assigned to each item and a final score to determine the additional license term.
- Evidence to be submitted through a Sustainability Report for Environmental Licensing (RESLA), to be presented at the time of the license request and signed by both a technical and legal representative.
- Ineligibility of mandatory, commercial or purely institutional actions as valid criteria for scoring purposes.
- Restrictions on eligibility for projects with pending administrative issues, such as unappealable administrative sanctions for acts resulting in environmental damage, or for non-compliance with environmental license conditions.
NOP INEA-60.R-0 represents a significant regulatory development by incorporating positive ESG incentives into state-level environmental licensing, with the potential to reduce license-renewal costs and promote voluntary best practices among private sector stakeholders.
The Environmental, Climate Change and ESG Practice of Tauil & Chequer Advogados in association with Mayer Brown is available for further clarification on this topic.
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