Decree Amends Environmental Licensing, Adapting to LGLA Rules

On September 16, 2026, the Government of the State of Rio de Janeiro published State Decree No. 50,473/2026 (the “new Decree”), which repeals State Decree No. 46,890/2019 and revises the regulation of the State System for Licensing and Other Environmental Control Procedures (Sistema Estadual de Licenciamento e demais Procedimentos de Controle Ambiental – “SELCA”). The new Decree incorporates into state legislation the changes introduced by Federal Law No. 15,190/2025, which enacted the General Environmental Licensing Law (Lei Geral do Licenciamento Ambiental – “LGLA”), and by Federal Law No. 15,300/2025, which governs special environmental licensing.

The new Decree aligns the state regulatory framework with the changes introduced by Federal Law No. 15,190/2025, which established the General Environmental Licensing Law (LGLA), and Federal Law No. 15,300/2025, which provides for special environmental licensing.

In summary, the most significant changes were the introduction of new types of licenses: (i) the Special Environmental License (“LAE”), for strategic activities or projects; (ii) the Corrective Operating License, for the regularization, upon voluntary request, of projects that were operating without an environmental license on December 8, 2025; and (iii) the Installation and Operating License, which concurrently authorizes the installation and operation of projects whose environmental and locational feasibility has already been approved, in line with the combination of the Installation License and the Operating License under the two-phase procedure established by the LGLA. In addition, the former Communicated Environmental License (Licença Ambiental Comunicada) has been replaced by the License by Adhesion and Commitment, which will be implemented gradually, by activity type, pursuant to an operational rule to be issued by the State Environmental Institute (Instituto Estadual do Ambiente – “INEA”).

For some of the licenses already provided for in State Decree No. 46,890/2019, the new Decree changed the validity periods, for example: (i) the maximum validity of the Integrated Environmental License and of the Installation License was reduced from eight years to six; (ii) the maximum validity of the Preliminary License was extended from five years to six; and (iii) the validity periods of the Operating License and of the Single Environmental License were reduced from 6–12 years to 5–10 years.

Regarding priority and expedited processing of licensing proceedings, the new Decree grants this benefit not only to the LAE, but also to requests concerning: (i) projects or activities formally classified as strategic by act of the State Governor; (ii) water supply and sanitation projects, as well as those related to the energy transition and to national or state energy security (in the latter case, provided that they are planned and contracted under energy planning and policies); (iii) licenses and other control instruments required for the provision of public services, even if requested by concessionaires or holders of other forms of delegation; (iv) projects related to climate change mitigation and adaptation that are identified as priorities in planning instruments and recognized as such by act of the State Secretary for the Environment and Sustainability; and (v) licenses and other control instruments in which the applicant is a legal entity governed by public law.

Another relevant addition to state legislation is the requirement that the licensing authority observe the priority order of prevention, mitigation, remediation and compensation, as well as proportionality, the indispensability of technical justification, and a causal link with environmental impact when setting the conditions of the environmental license. The new Decree further prohibits conditions from being used to remedy shortcomings arising from omissions by the government or to repair impacts caused exclusively by third parties—provisions that are particularly relevant to prevent undue burdens from being imposed on the project proponent. In addition, the proponent may request a review of the conditions or of their implementation period within 30 days after the issuance of the control instrument.

With respect to the participation of the authorities involved in environmental licensing (previously referred to as intervening bodies), the non-binding nature of their opinions was maintained, as was the rule that failure to issue a timely opinion does not prevent the licensing process from moving forward. However, the new Decree provides that the absence of an opinion from the National Foundation of Indigenous Peoples (Fundação Nacional dos Povos Indígenas – “FUNAI”) and from the federal agency responsible for quilombola lands may not result in a waiver of free, prior and informed consultation, as provided for in Convention No. 169 of the International Labour Organization, where applicable.

In addition to the changes mentioned above, other noteworthy changes include:

• The option for the project proponent to choose the ordinary, simplified or special procedure, “except in cases of incompatibility duly justified by the licensing authority”;
• Operational changes that do not increase the negative environmental impacts already assessed do not require a statement from the licensing authority, and must only be notified at least 30 days in advance;
• The possibility of automatic renewal, for an equal period, of licenses for low- or medium-impact activities or projects, upon an electronic declaration by the proponent, in the cases to be regulated by INEA;
• Provision for offsetting greenhouse gas (GHG) emissions through removals accounted for in the proponent’s own GHG inventory or through the acquisition and permanent retirement of carbon credits; and
• The requirement to submit a GHG Emissions Inventory and the corresponding Mitigation Plan for high-impact or GHG emission-intensive activities or projects.

Finally, the new Decree adds the following groups of activities subject to environmental licensing: (i) Energy Infrastructure and Storage Systems (including battery energy storage systems, substations and lines); (ii) Decarbonization and Carbon Removal Technologies (including carbon capture, utilization, transport and storage - CCUS, technological carbon dioxide removal, and BECCS); and (iii) Digital Infrastructure and Data Processing Centers (data centers and associated infrastructure).

It is also worth noting that the new Decree entered into force on the date of its publication and applies to proceedings initiated thereafter. Ongoing proceedings must adapt to the new rules as of the stage following the one they are currently in, without restarting the analysis or requiring new studies, except where indispensable to prevent a relevant environmental risk.

The new Decree represents a significant step towards modernizing environmental licensing in the State of Rio de Janeiro and aligning it with the new rules established by the LGLA, which sets forth general rules applicable to all federative entities. In this context, companies with operations in the state should assess the impacts of the new rules on their existing licenses and ongoing proceedings.

The Environmental, Climate Change and Sustainability practice of Tauil & Chequer Advogados in association with Mayer Brown remains available to provide further clarification on the matter.