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SPECIFIC TARIFF REGIME FOR PUBLIC GOOD ENTITIES

Law 27218

General Provisions.

Sanctioned: November 25, 2015

Enacted in Fact: December 22, 2015



ARTICLE 1- Specific Tariff Regime for Public Good Entities. Institute a Public Service Specific Tariff Regime for Public Good Entities under the conditions established by this law.

ARTICLE 2- Article . The Specific Tariff Regime defines a particular treatment to be applied to the non-profit foundations and associations subject to this regime in relation to the price they pay for the public services.

This particular treatment is due to the specific nature of these non-profit-seeking legal entities and they have the main object of the common good.

ARTICLE 3- Application. The specific tariff regime laid down in this law implies the charging of a tariff by the public service providers, which results from the incorporation into the respective tariff table of the category ' entity of good public. "

The public service regulators must incorporate this category into the respective tariff tables and implement the tariff created by this law.

ARTICLE 4 °- Subjects of the scheme . The "Public Good Entities" that respond to the following definition are subject to the present regime: civil associations, simple associations and foundations that do not pursue profit directly or indirectly and organizations In the case of non-profit-making, Community-wide recognition of the right to promote and protection of rights or the development of direct social assistance activities without charge to the recipients for the services they provide.

ARTICLE 5- Category of subjects . The subjects of the present regime form a new category of users of public services called "Entities of Public Good", according to the specific treatment established by this law.

ARTICLE 6- Excluded subjects . Social organisations which have their principal place of residence abroad, as well as the legal forms provided for in law 19.550 and any existing legal form or for profit, are excluded from this scheme.

This category does not include companies, commercial holdings, industries and any other user that is neither compatible nor equivalent to the nature or character of these non-profit organizations.

This category also does not reach the profit-making activities that originate in the civil associations or foundations.

Furthermore, associations, foundations or entities established by commercial, banking or legal persons engaged in gainful activities are excluded, even if these associations, foundations or entities are subject to action of social interest.

ARTICLE 7- Criterion to be adopted . In order to establish the different classes within this new category of users, it is taken as a criterion for the category of residential users in law 26.221, according to the nature and characteristics of each public service.

In regulating this law, this criterion will be taken into account in order to determine the classes of this new category.


ARTICLE 8- Caps on invoicing . It is established as the maximum ceiling in the billing of the subjects of the present regime, the maximum rate foreseen for the residential users for each service.

The billing base will be equivalent to or less than the minimum rate paid by residential users, according to the charges of each service.

In both cases, account shall be taken of the different classes within the category of residential users as provided for in Article 7.

ARTICLE 9- Costs of public services . The providers shall bear the costs of connection and/or reconnection of the recipients of the scheme who do not have such services or where they have been suspended.

ARTICLE 10.- Ban on the transfer of cost . On the basis of the application of this system, the users will not be able to carry the cost of the tariff reduction that can correspond to the values of consumption of the set of the users.

ARTICLE 11- Quality of public services . Regulatory entities and companies should ensure that the quality and conditions of the public service provided to the subjects of the present regime are equivalent to those received by the other users.

ARTICLE 12.- Obligation of the prestators. The public services providers are obliged to frame in this specific regime all the organizations mentioned in article 4 ° of this law from the presentation of the documentation that accredite personeria or recognition of a competent authority in the municipal, provincial or national level, without it being necessary to complete another procedure or requirement to establish an identity.


ARTICLE 13.- Implementing authority . The Ministry of Federal Planning, Public Investment and Services, or the one that replaces it in the future, is the enforcement authority of this law, its function being the supervision, implementation and application of the Specific Tariff Regime. for Public Good Entities.

This ministry will coordinate its actions with public bodies that have concurrent powers through the National Council for the Coordination of Social Policies or the interministerial body that will replace it in the future. It is also responsible for reaching the necessary agreements between the State authorities and the companies.



ARTICLE 14.- Public service for drinking water and sewage drains . It shall be applicable to the associations to which the present regime is addressed in Annex E of Law 26.221 in respect of the Social Fee, as soon as it is compatible with this law and in the form that is more favourable to the subjects of the regime.


ARTICLE 15.- Public electricity service . The tariff table provided for in Chapter X of Law 24.065 is completed with the category "Public Good Entities" established by this law.

ARTICLE 16.- Category Entities of Public Good . The carriers and distributors, when requesting the Regulatory Entity to approve the tariff tables that they intend to apply, must include the category "Public Good Entities" within the classifications of their users.


ARTICLE 17.- Public service of natural gas . The tariff table provided for in Article 40 of Law 24,076 is completed, based on the sanction of this law, with the incorporation of the category "Public Good Entities" established by this Tariff Regime. The National Gas Regulator, or which in the future replaces it, should ensure that it is incorporated in all cases where a tariff adjustment is necessary.

ARTICLE 18.- Use of carafes . Those entities of public good that use carafas may obtain them by paying the price intended for home use or the social tariff to be determined for this product.


ARTICLE 19.- Public telephone service . The telephony service is an essential public service that must be provided to the public good entities that define the present regime under the same conditions and with the same quality of service that is offered to the categories of users pre-existing.

ARTICLE 20.- Category Entities of Public Good . The enforcement authority of law 19,798 must set the rates for this service by incorporating the category "Public Good Entities" as normalized in article 128 of the National Telecommunications Law and the status of the law.

ARTICLE 21.- Exemptions or reductions . In respect of the exemptions or reductions in fees, tariffs and charges laid down in Article 131 of Law 19,798, the title of the same shall not be considered as precarious for these entities, and shall be governed by the provisions of this law.

ARTICLE 22.- National Telecommunications Council . The National Telecommunications Council or the body that replaces it in the future must incorporate the category "Public Good Entities" created by this law when intervening in the tariff projects referred to in Article 9 (q). of Law 19,798.


ARTICLE 23.- Regulators. The regulatory authorities of the public services, or the bodies that will replace them in the future, must approve the tariff tables that would be established by the companies, provided that they incorporate the tariff treatment and the category "Public Good Entities" established by this law.


ARTICLE 24.- New services . Any service that in the future is considered essential public service must be adapted to the Tariff Regime approved by this law and incorporate the category "Entities of Public Good" in its tariff tables.

ARTICLE 25.- Subjects who enjoy some social fare regime. If the associations subject to this law are under a scheme with similar characteristics to that established by the present law, they may opt for the most favourable one.

These associations may in no case accumulate more than one scheme for the same service.

ARTICLE 26.- Accessions . The provincial states, the government of the Autonomous City of Buenos Aires and the municipalities of the whole country are invited to adhere to this law, exempting from the taxes and taxes corresponding to their jurisdiction. In cases where tariff regimes similar to that provided for in this law are available, work is invited to coordinate the implementation of equivalent schemes.

The implementing authority shall conclude with the provincial and municipal authorities the conventions which cooperate with the application of this scheme.

ARTICLE 27.- Communicate to the Executive Branch.

( Note Infoleg: by art. 3rd of the Resolution No 14/2017 The National Regulator of Electricity B.O. 31/01/2017 is established to access the Specific Tariff Regime for Public Good Entities covered by Law No. 27,218, such entities must be registered as such before the NATIONAL CENTRE OF COMMUNITY ORGANISATIONS (CENOC), under the National COUNCIL of COORDINATION OF SOCIAL POLICIES of the PRESIDENCY OF THE NATION, in the terms of Article 3 of Resolution MEYM N ° 218/2016, irrespective of the voltage level and the power demanded)

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-FIVE DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.


JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -Juan H. Estrada.