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Original article: “Seguro privado con fondos públicos”: Megarreforma avanza en comisión entre denuncias de trampa ambiental del Gobierno

In a session that extended into the early hours, the Environment Commission of the Senate approved the contentious economic and tax megareform promoted by La Moneda, despite allegations of an environmental trap by the administration of José Antonio Kast, which seeks to establish a «private insurance with public funds» to benefit the business sector.

Senators Ricardo Celis (PPD), Alfonso De Urresti (PS), and Diego Ibáñez (FA) withdrew from the vote and announced a constitutional reserve, a move that underscores their dissatisfaction with what they described as an Executive maneuver to alter the Environmental Impact Assessment System (SEIA) without proper consensus.

The focal point of the conflict lies in articles 12, 13, 14, 15, and 16 of the bill, which deal with the reimbursement of expenses if a court nullifies an Environmental Qualification Resolution (RCA). The lawmakers contend that these provisions not only undermine the balance between project development and public interest protection but also infringe upon the powers of the courts and state agencies. They believe the far-right administration has employed legislative tricks to impose a text that favors investors at the expense of public resources.

The legal basis for the reserve presented by the senators points to a potential violation of fundamental principles enshrined in the Constitution and alleges a breach of due process, equality before public burdens, state responsibility, and judicial independence. By questioning the autonomy of environmental judges and the state’s obligation to compensate private parties for judicial decisions, they warn that a mechanism is being created that disincentivizes judicial oversight and rewards poorly evaluated projects.

Accusations Against the Government for Using «Legislative Maneuvering» to Push Reform

Senator Ricardo Celis criticized the government and the ruling party for resorting to a «legislative maneuvering» to advance the controversial bill.

“When it came time to discuss indemnification, the government showed improvisation,” reported Celis, who explained that his withdrawal from the session, along with De Urresti and Ibáñez, was due to their unwillingness to participate in a «undemocratic, opaque, and unclear game.«

In statements collected by Diario U de Chile, he referenced the atmosphere during the negotiations, where the lack of certainty and last-minute changes undermined the opposition’s trust.

Similarly, Senator De Urresti leveled criticism at Finance Minister Jorge Quiroz, whom he accused of modifying the text regarding cost reimbursement upon RCA revocation for the fifth time.

“We regret that the extensive discussion ends with the minister’s improvisation, in a situation against the Senate’s regulations,” claimed De Urresti, highlighting the Executive’s inability to «achieve progress and convince.»

«Private Insurance with Public Funds»

However, it was Senator Diego Ibáñez who delivered the most severe accusation, labeling the measure as a «private insurance with public funds.» The Frente Amplio parliamentarian denounced that Quiroz resorted to “subterfuge” to distort public rights in favor of investors and insisted that the regulation establishes a trap for projects that have their RCA annulled to receive economic compensation from the state, which he believes represents a severe violation of the Fundamental Charter and sets a dangerous precedent for environmental management.

Thus, the coming days will be crucial to determine whether the controversial project can overcome constitutional objections or if, conversely, the government’s attempt to accelerate its enactment ends up sinking due to the structural flaws its critics currently denounce.

La entrada Controversial Economic Reform Moves Forward Amid Environmental Concerns and Government Accusations se publicó primero en El Ciudadano.