On June 12th, 2023, Bill N° 117/2021 (Chamber) and N° 226/2022 (Senate) was approved. Its objective is to “establish the definition of an environmental liability, set guidelines for its management and dictate other provisions”.

The Bill seeks to satisfy the need to establish a definition of the term environmental liability as required by multiple administrative and judicial bodies. Furthermore, it will provide clear guidelines for cooperative, adequate and timely management.

The Bill defines environmental liability as “the environmental effects caused by atropic activities, authorized or not, cumulative or not, capable of being measurable, located and geographically delimitable, which generates a risk to life, human health or the environment, and for whose control there is no environmental instrument or current sector”.

Moreover, it creates the Information System for Environmental Liabilities through which information on environmental liabilities and environmental damage will be managed. This information management instrument will record the location of the liabilities and the parties responsible for the negative environmental impact, among other data.

Likewise, the Bill stipulates different guidelines to follow when dealing with environmental liability. Through this it allows the information collected on the location of said environmental impact and the person responsible for it to be organized. The foregoing in order to establish the time the person or persons in charge have to design and file the corresponding management plan.

In conclusion, the Bill approved will give a clear definition of environmental liability allowing a common understanding of the term permitting a homogeneous understanding within the Colombian legislation.