"Article 4º-Technical Commission for the PGAI. The head of the Ministry of Environment and Energy (MINAE) shall integrate a commission called the Technical Commission for the PGAI (CT), for the purpose of providing follow-up to the implementation of this Regulation in the institutions of the Costa Rican Public Administration.
The head shall appoint the members of the CT, which shall be composed of one principal and one alternate representative from each of the following directorates of MINAE: Energy Directorate (DE), Climate Change Directorate (DCC), and the Environmental Quality Management Directorate (DIGECA), which shall be the unit that presides over the collegiate body.
Additionally, it shall have one principal and one alternate representative from the Ministry of Health (MS), designated by the institutional head. The integration of these officials into the CT shall become effective once their appointment is formally communicated to the head of MINAE. The representation of DIGECA shall be responsible for convening the members of the CT to meetings and to the activities necessary for the implementation of this Regulation." "Article 5º-Functions of the CT. The functions of the CT shall be the following:
- a)Train, when appropriate, personnel from the Ministry of Health and the Ministry of Environment and Energy who will support the review and follow-up of the PGAI; the foregoing in adherence to the competencies and governing roles of each institution that makes up the CT.
- b)Develop, approve, and publicize the internal regulations of the CT, its reforms, the procedures and tools for the development and follow-up of the PGAI, as well as guarantee their implementation.
- c)Develop recommendations for the improvement of the PGAI or Progress Reports, in the areas of energy efficiency, solid waste management (manejo de residuos sólidos), wastewater management (manejo de aguas residuales), and climate change. For the fulfillment of this function, the CT may rely on personnel from MINAE and MS.
- d)Advise and train Institutional Environmental Commissions (Comisiones Ambientales Institucionales) that require it, on aspects related to the development and implementation of the PGAI.
- e)Configure and implement a consumption reporting system (electric energy, water, fuels, and paper), in addition to the generation of waste (residuos) (ordinary, hazardous (peligrosos), and special), which allow for verification of the result of the implementation of the environmental measures proposed in the PGAI and report global results in the public sector.
- f)Provide annually a training offering to contribute to the effective execution of the PGAI in all Public Administration institutions. g) Define and apply sampling mechanisms to verify compliance with the implementation of the PGAI of the Public Sector that it deems appropriate. Including follow-up visits to institutions and non-face-to-face meetings.
- h)Propose and execute qualification mechanisms on PGAI compliance for public institutions, in such a way as to promote transparency, accountability, and environmental excellence. Recognizing those institutions that demonstrate outstanding environmental performance.
- i)Prepare an annual report on the submission and implementation of the PGAI by the institutions that were provided with follow-up. Said report shall be sent to the head of MINAE, who in turn shall make it known to the Government Council and the Comptroller General of the Republic.
- j)Support the establishment of strategic continuous improvement mechanisms for the process of institutional environmental management.
- k)Any other function that by virtue of the application and fulfillment of this regulation corresponds." "Article 7º-Institutional Environmental Commission (Comisión Ambiental Institucional, CAI). Each institution of the Public Administration, in accordance with its nature and administrative organization, must form an institutional environmental commission (comisión ambiental institucional), which shall be composed of representatives from different departments, among which it is suggested that the following areas be included: environmental, financial, budgetary, planning, general services, procurement, transportation, human resources, communication, and any other deemed necessary to develop and implement its PGAI. Likewise, a person responsible for the coordination of the PGAI must be established, who will be the contact between the institution and DIGECA." "Article 8º-Functions of the Institutional Environmental Commission (Comisión Ambiental Institucional, CAI). This commission shall have the following functions:
- a)Develop a participatory process for the development of the PGAI, involving the greatest number of people from areas or departments of the institution, and present the developed PGAI to the head for review and approval.
- b)Coordinate with the internal bodies of the institution matters related to the implementation of environmental measures, dissemination, training, sustainable procurement, records of consumption and generation of solid waste (residuos sólidos) (ordinary, special, and hazardous (peligrosos)), as well as any other task linked to the effective execution of the PGAI.
- c)Prepare annually the progress report on the implementation of the PGAI, as established in this regulation, and send it to the institutional head for review, approval, and signature.
- d)Inform DIGECA of any changes of head or of any member of the Institutional Environmental Commission (Comisión Ambiental Institucional), including the coordination position.
- e)Attend to and facilitate the follow-up tasks of the PGAI by the CT or its representative, whether through on-site visits or non-face-to-face meetings, including matters related to the preparation of the evidence required to support the level of implementation achieved by the program. f) Any other function derived from the development and implementation of the PGAI in the institution." "Article 9º-About the PGAI and PGAI updates. The head of the Ministry of Environment and Energy, via administrative resolution, shall formalize the content of the respective guides and manuals approved by the CT, based on which Public Administration institutions shall be guided for the development of their PGAI and the respective updates of these programs.
Likewise, the CT shall develop guides and other instruments that will serve to raise awareness, guide, and support the personnel of the institutions involved in the development and launching of the PGAI.
Said guides, templates, manuals, and other instruments shall be made available to the institutions on the website: http://www.digeca.go.cr." "Article 10.-Submission of the PGAI and updates. The PGAI and their updates must be sent to DIGECA, an entity that shall act as the single window for the reception of these documents. They must be submitted electronically with the digital signature of the institutional head. The documentation must be properly identified with the name of the institution and the content of the PGAI requested in the terms established in this regulation.
From DIGECA, these documents shall be forwarded digitally to the members of the CT, so that they may make their respective observations, especially within their scope of competence. For this, institutional email or another digital means that ensures their timely delivery may be used.
All documentation generated as part of the process of developing, updating, or following up on the PGAI must be safeguarded in the institution acting as the administered party by the person in charge or coordinator of the Institutional Environmental Commission (Comisión Ambiental Institucional). Said documentation must be correctly ordered, foliated, and labeled, in addition to being available to the officials responsible for its review. The person responsible for the PGAI must ensure that the information is kept updated and in good condition." "Article 11.-Review period for the PGAI. The CT shall have a period of 40 calendar days, counted from the day following the receipt of the PGAI by DIGECA, to send to the public institutions that submitted the program a response (feedback note) that integrates the recommendations issued both by DIGECA officials and, in cases where applicable, those emanating from the CT members, and may even reject the submitted program with justification." "Article 12.-Responsibility and internal follow-up of the PGAI. The head of each institution that submits the PGAI, or whoever holds this position at the time, shall be responsible for its compliance in accordance with articles 98, 99, and 100 of the General Law on Public Administration Nº 6227, and must:
- a)Approve and sign the institutional environmental management policy and the PGAI.
- b)Formally send to DIGECA the PGAI or its respective update and any other instrument established for its follow-up.
- c)Formally constitute the CAI and designate to DIGECA the person responsible for coordinating it.
- d)Facilitate and approve the necessary mechanisms to publicize the PGAI to all its officials, as well as guarantee the implementation of the environmental measures contained in the PGAI; in such a way as to facilitate the achievement of the commitments on environmental management.
- e)Notify the CT if there is any information integrated into the PGAI that must be kept confidential with due justification. The foregoing, due to the public nature of the PGAI data or the follow-up process.
- f)Incorporate into the Annual Operating Plans and respective budgets of the institution the actions that guarantee the development, implementation, and continuous improvement of the PGAI.
- g)Establish a permanent communication mechanism with the CAI, so that it effectively has the support and backing at the highest level." "Article 13.-Progress Reports. In March of each year, public institutions must submit to DIGECA an annual progress report reflecting the status of PGAI implementation.
These reports must contain quantifiable records and analysis thereof, which allow visualization of the impact of the implemented PGAI measures in aspects such as: electrical energy consumption, water consumption, fuel consumption, paper consumption, and solid waste separation (residuos sólidos) (ordinary, hazardous (peligrosos), and special), without prejudice to the inclusion of reporting on other environmental aspects inherent to the institutional work. The implementation of good environmental practices, sustainable public procurement (compras públicas sustentables), and environmental information requested under any specific legal instrument must also be reported, considering the legal nature of each public institution.
The guidelines and manuals based on which Public Administration institutions will prepare their progress reports shall be approved by the CT and published on the website: www.digeca.go.cr." "Article 14.-Deadlines for submitting the PGAI. Public Administration institutions shall submit their PGAI within a period of 2 months, counted from the publication of this regulation; failure to do so shall be considered non-compliance with current environmental legislation, which fault shall be attributable to the institutional head." "Article 17.-Validity of the PGAI and submission of updates. The PGAI shall have a validity of 5 years counted from the moment of delivery of the first PGAI to DIGECA. Once this period has concluded, it shall be the responsibility of the head of each institution required to have a PGAI to ex officio send to DIGECA an update thereof. The heads of each institution shall also have the possibility of submitting said update prior to the expiration of the period, with technical justification for doing so.
Regarding PGAI updates, once submitted, they shall be registered in the DIGECA database.
For each PGAI update, observations shall be issued within the context of the feedback notes (notas de retroalimentación) generated through the follow-up mechanisms. Given that the PGAI updates are based on the principle of continuous improvement of environmental management systems, they shall not require endorsement from the CT to begin their implementation.
The PGAI update must be carried out in accordance with the guides and tools approved by the CT for the development of these programs and made available on the website http://www.digeca.go.cr/ areas/programas-de-gestion-ambiental-institucional and approved via resolution by the head of MINAE." "Article 19.-Recognition of Environmental Excellence. Annually, public institutions that obtain the highest ranges in the qualification score for their outstanding implementation of the PGAI shall be recognized, and they shall be placed in the position of Environmental Excellence. Said qualification shall be established in adherence to the ranges stipulated in a system called the "PGAI Implementation Traffic Light (Semáforo de Implementación del PGAI)," following the procedures that the CT establishes and publishes on the DIGECA website (www.digeca.go.cr)."