On February 4, 2025, the Chamber of Senators received a legislative initiative that proposes the creation of eight new secondary laws and the reform of three existing norms in the energy field in our country. These amendments are part of the legislation derived from the constitutional reforms to articles 25, 27 and 28, carried out the previous year.
Among the most significant changes are the reconfiguration of the regulatory structure of the hydrocarbons sector and the consolidation of the role of Petróleos Mexicanos (PEMEX) as a state-owned public company.
The initiative proposes the issuance of the Hydrocarbons Sector Law, which would replace the current Hydrocarbons Law. The purpose of this change is to strengthen state participation in the sector’s activities and establish new rules for the intervention of the private sector.
Among the most relevant modifications are:
- a. New permit regulation: The Energy Secretariat would assume responsibility for issuing authorizations for the import, export, storage and transportation of oil and natural gas. The National Energy Commission would regulate permits for activities such as processing, distribution and commercialization of hydrocarbons.
- b. Exploration and extraction of hydrocarbons: Three main modalities are established for these activities. Own development (exclusively for PEMEX), Mixed development (joint participation with the private sector), Contracts with third parties through bidding when PEMEX cannot develop a project on its own.
- c. Dispute resolution mechanisms: Disputes related to exploration and extraction contracts would be resolved through arbitration based in Mexico City.
- d. Fuel price controls: The possibility of establishing price control methodologies in the distribution of fuels such as gasoline, diesel and LP gas, in order to stabilize inflation and protect the welfare of the population, is foreseen.
Another key aspect of the initiative is the transformation of PEMEX into a State Public Company, which would imply a reorganization of its structure and operation. Among the most relevant changes are the absorption of subsidiaries such as Pemex Exploración y Producción, Pemex Transformación Industrial and Pemex Logística by the parent company, promoting vertical integration. The reinforcement of the prohibition for private companies to register oil reserves as their own assets in contracts with PEMEX. The subjection of PEMEX’s procurement processes to the principle of efficiency, in compliance with the Constitution and new provisions issued by its Board of Directors, and the obligation to adopt strategies of social responsibility and sustainable development in the communities where it operates.
It is also proposed the disappearance of the National Hydrocarbons Commission and the Energy Regulatory Commission, whose functions would be absorbed by the National Energy Commission, a sectorized agency under SENER, which would have the authority to:
- Grant, modify and revoke permits in the energy sector.
- Regulating prices and tariffs in the hydrocarbons industry.
- Supervise and sanction energy activities, including the imposition of measures such as closures and suspensions.
The initiative also contemplates the creation of the Biofuels Law, whose objective is to promote the sustainable development of these resources through fiscal and financial incentives. It would regulate activities such as the production, import, export and commercialization of biofuels, promoting the use of organic waste and biomass for energy generation.
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