General Administrative Provisions on the Social Impact Assessment of the Energy Sector

Executive Summary

On February 16, 2026, the Ministry of Energy (“SENER“) published in the Official Gazette of the Federation (“DOF“) the “Agreement by which the “General Administrative Provisions on the Social Impact Assessment of the Energy Sector” (“DACGs MIS“), which comprehensively regulate the requirements, procedures and criteria for the preparation, presentation and authorization of the social impact statement of the energy sector (“MISSE“) applicable to projects in the electricity, hydrocarbons, geothermal and biofuels sectors.

These DACGs MIS abrogate the previous general administrative provisions on social impact assessment in the energy sector published on June 1, 2018 and come into force the day after their publication in the DOF.

Key Aspects

The DACGs MIS establish a new regulatory framework that strengthens the focus on sustainability, social participation and respect for human rights in energy projects, in accordance with the National Development Plan 2025-2030 and the national energy justice policy.

Among the most relevant elements are:

• Mandatory requirement for permitsThe final authorization of the MISSE is now an indispensable requirement for the granting of generation permits and other authorizations in energy matters, unlike the previous regime where the presentation of the application was sufficient.
• Three different formatsFormats A, B and C are established according to the scale and complexity of the project, with progressive information requirements.
• Cross-cutting gender perspectiveA gender approach is mandatory in all phases of the project and in the development of the MISSE.
• Enhanced protection for indigenous communitiesSpecific requirements are established for the identification, characterization and protection of the rights of indigenous or Afro-Mexican peoples and communities.
• Energy WindowA digital system is enabled for the electronic submission of MISSE.

Activities Subject to MISSE

The DACGs MIS apply to the following activities in the energy sector:

• Hydrocarbons Sector: Invasive seismic surface exploration; exploration or extraction in contract or assignment areas; treatment, processing or refining of petroleum; storage of hydrocarbons; distribution or transport by pipeline; compression or decompression of natural gas; regasification or liquefaction of natural gas; and sale to the public of natural gas or petroleum products.
• Electric Sector: Electric power generation; public electricity transmission service; and electricity storage.
• BiofuelsProduction, transport and storage of biofuels.
• Geothermal Sector: Exploration of geothermal resources that requires infrastructure or well drilling.

Applicable Formats according to Project Type

The DACGs MIS establish three different formats according to the characteristics of the project:

Contents of the MISSE

The Social Impact Statement must include the following main components:

• General Project InformationExecutive summary, promoter data, technical description, development stages, geographical location and affected area.
• Area of ​​influence: Delimitation of the core area (with a buffer zone of 500 meters, or 100 meters for linear projects), direct area of ​​influence and indirect area of ​​influence, including maps and georeferenced files.
• Characterization of Localities: Identification of localities in the areas of influence with sociodemographic, socioeconomic and sociocultural data disaggregated by gender.
• Identification of Social ImpactsAnalysis of positive and negative, direct, indirect, cumulative, residual and significant impacts, with emphasis on differentiated impacts on vulnerable groups and indigenous communities.
• Social Management Plan: Strategies for prevention, mitigation, remediation, compensation and expansion of impacts, including communication mechanisms, handling of complaints and shared social benefits, with annual social investment amounts.

Authorization Procedure

The MISSE evaluation and authorization process will follow these steps and stages:

1. PresentationThe applicant must submit the MISSE through the energy window, after paying the corresponding fees.
2. Demo reelSENER has 30 business days to notify the applicant if the MISSE does not meet the requirements. The applicant has 30 business days to correct the omissions.
3. Litigation, ArbitrationSENER must issue a resolution within the following deadlines:

4. Types of ResolutionSENER may: grant definitive authorization; grant conditional authorization (when prior consultation is required or additional measures are needed); or deny authorization

5. Compliance with ConditionsWhen conditional authorization is granted, once the applicant proves compliance with the conditions, SENER has 45 business days, extendable for an equal period, to make a final decision.

Reasons for Denial of Authorization

SENER may deny authorization when:

• The indigenous people or community has denied their consent in the prior consultation and the project is not in accordance with energy policy or the public interest.
• The project puts the survival of an indigenous people or community at risk.
• The project is intended to be implemented in restricted areas.
• The project generates significant negative social impacts whose harm outweighs the benefit.
• There is falsehood in the information provided.

Validity and Revocation

The MISSE authorization is valid for the duration of the project, provided that it does not undergo substantial modifications such as changes in location, area of ​​influence or additional significant social impacts.

The authorization may be revoked due to: non-execution of the project; court order; revocation of the energy permit; commencement of construction prior to final authorization; non-compliance with terms and conditions; or non-compliance with agreements derived from prior consultations.

Transitory dispositions

The MIS DACGs contemplate a transition period for their implementation:

• SENER must enable the energy window module for the submission of MISSE within a period of 90 business days.
• Social impact assessments that are being processed prior to the entry into force will be addressed in accordance with the provisions in force at the time of their submission.
• Applications submitted before the opening of the energy window will continue to be processed physically.

Final Considerations

The new Environmental Impact Assessments (EIAs) represent a significant step forward in regulating the social impact of energy projects in Mexico, aligning with constitutional reforms in the energy sector and the current government's focus on energy justice. For companies seeking to develop projects in the energy sector, it is crucial to understand that final EIA authorization is now an essential prerequisite for initiating any infrastructure development. This necessitates early planning of social impact studies and greater engagement with communities from the initial project stages.

Reference Links: https://www.dof.gob.mx/nota_detalle.php?codigo=XXXXXX&fecha=16/02/2026

Contact: For more information on how these new regulations may impact your energy project, contact Juan Carlos Machorro, Elena Ocampo, Daniela Alcántara, or Regina Vargas.