Risk Management Act

Original Language Title: LEY DE GESTIÓN DE RIESGOS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/152836

Law No. 602 law of 14 November 2014 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the PLURINATIONAL Legislative Assembly, D E C R E T A: law of management of risks title I provisions General Chapter I object, scope, basic principles and definitions article 1. (OBJECT). The present law is to regulate the institutional and competence framework for risk management that includes risk reduction through prevention, mitigation and recovery and; the attention of disasters and/or emergencies through the preparation, alert, response and rehabilitation to risks of disasters caused by natural hazards, socio-naturales, technological and human, as well as social, economic, physical and environmental vulnerabilities.
Article 2. (PURPOSE). This law aims to define and strengthen the State intervention for the management of risks, giving priority to the protection of life and developing the culture of prevention with the participation of all actors and sectors involved.
Article 3. (COMPETENCE FRAMEWORK). This law is based on the competencies defined in paragraph I of article 100 of the law N ° 031 July 19, 2010,? Law framework of autonomy and decentralization Andrés Ibáñez?, and other regulations existing on the matter.
Article 4. (SCOPE OF APPLICATION). This law aims to scope the entities of the central level of the State, autonomous territorial entities, public and private institutions and natural and/or legal persons, that involves or is related to risk management.
Article 5. (PRINCIPLES). The principles governing this law are: 1. priority in the protection. All persons who live and dwell in the national territory have priority in the protection of life, physical integrity and health before the socio-productive infrastructure and real risks of disasters caused by natural hazards, socio-naturales, technological and human, as well as social, economic, physical and environmental vulnerabilities.
2. completeness. Risk management must be developed from a vision that involves coordination and cross-sectoral, territorial and inter-cultural articulation.
3 competition and required support. All persons, organizations, and entities whose competition required, should provide the cooperation required according to its possibilities. Support in backstopping and assistance tasks are required.
4. subsidiarity. When resources of one or more autonomous territorial entities and technical capabilities are relined, mechanisms of support, must be generated from the upper level on a scale up to the central level of the State.
5. permanent action. Risk management is a continuous activity in which individuals and institutions must be kept permanently making prevention actions, applying the rules handed down to effect, knowledge, experiences and information for risk management.
6. access and dissemination of information. People have the right to information and public entities the obligation to inform the population about possibilities of risk and occurrence of disaster or emergency, as well as the actions that will be executed.
7. priority attention to vulnerable populations. Against disasters or emergencies, care should be preferred for pregnant women, girls, children, older adults, people in condition of disabling disease and people with different abilities.
8. culture of prevention. The culture of prevention is the behavior rational, permanent and pervasive society, characterized by the practice of collective action early and systematic to try to prevent disasters from occurring or otherwise to mitigate their effects, as well as reduce vulnerabilities.
Article 6. (DEFINITIONS). For purposes of this law means: 1. threat. This is the probability that an event of natural origin, socio-natural or anthropic, is concrete and occurs at a certain time or in a given region. 2. first response. They are operational actions in the initial moments in which disaster or emergency situations arise such as: evacuation, search and rescue. 3. vulnerability. It's proneness or susceptibility of communities, groups, families and individuals to suffer damages or losses related to the threats. 4. risk. It is the estimated magnitude of loss of lives, injured persons, affected properties, damaged environment and paralysed economic activities, goods and services affected in a given place, and during a period of exposure determined for a threat in particular and the conditions of vulnerability of sectors and threatened population.
5. risk management. It is the process of planning, implementation, monitoring and evaluation of policies, plans, programmes, projects and permanent actions for the reduction of the risk factors of disaster in the society and the life of mother Earth systems; It also includes the handling of situations of disaster or emergency, the subsequent recovery, rehabilitation and reconstruction, in order to contribute to the safety, welfare and quality of life of people and the comprehensive development.
Chapter II framework institutional section I national system of risk reduction and disaster response and/or emergency - SISRADE article 7. (NATIONAL SYSTEM OF RISK REDUCTION AND DISASTER RESPONSE AND/OR EMERGENCY - SISRADE).
I is the set of entities of the central level of the State and the territorial autonomous entities in the scope of its powers and attributions, social organizations, public and private natural and legal persons who interact with each other in a coordinated and articulated way, through processes and procedures for the achievement of the purpose of the present law.
II. components, duties and functions of the national system of reduction of risks and attention of disasters or emergencies - SISRADE, will be established in the regulation of this law.
Article 8. (STRUCTURE OF THE NATIONAL SYSTEM OF RISK REDUCTION AND DISASTER RESPONSE AND/OR EMERGENCY - SISRADE). The national system for reduction of risks and attention of disasters or emergencies - SISRADE, is structured: to) in the territory by: 1. the National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, as the higher court's decision and coordination. 2. the departmental committees for risk reduction and disaster attention - CODERADE, in coordination with the municipal committees of risk reduction and disaster attention - COMURADE.
3. the municipal committees of risk reduction and disaster attention - COMURADE. (b) at the institutional level by: 1. institutions of the central level of the State and the autonomous territorial entities, within the scope of its competences and powers.
2. armed forces and Bolivian police according to their competences. 3. scientific and technical institutions and universities. 4 groups of search and rescue, salvage and forestry brigades, and other volunteer teams of immediate response to disasters or emergencies. (c) in the social field by: 1. social and community organizations.
2. natural and legal persons of private law.
Article 9. (ESTABLISHMENT OF THE NATIONAL COUNCIL FOR RISK REDUCTION AND DISASTER RESPONSE AND/OR EMERGENCY - CONARADE). I. the National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, will be chaired by the President of the State Plurinacional de Bolivia and will be made up of: to) Minister or Minister of defence, who will preside over the Council by delegation from the President.
(b) Minister Minister of development planning or Deputy Minister or Deputy Minister appointed. (c) Minister or Minister of environment and water or Deputy Minister or Deputy Minister appointed. (d) Minister or Minister of works public services and housing or Vice Minister or Deputy Minister appointed. (e) Minister Minister of health or Deputy Minister or Deputy Minister appointed. (f) Minister or Minister of Rural development and land or Deputy Minister or Deputy Minister appointed.
II. the National Council for the reduction of risks and attention of disasters or emergencies - CONARADE, according to the nature and effects of the emergency or disaster, may convene other Ministers or Ministers of State.
III. the National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, will establish an instance of coordination and inter-territorial joint formed by representatives of the departmental committees for risk reduction and disaster attention - CODERADES and municipal committees for risk reduction and disaster attention - COMURADES.
IV. the National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, may convene public and private institutions, social and community organizations related to risk management.
V. The National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, execute decisions through a technical secretariat in charge of the Vice Ministry of Civil Defense according to this law and its regulations.

Article 10. (POWERS OF THE NATIONAL COUNCIL FOR RISK REDUCTION AND DISASTER RESPONSE AND/OR EMERGENCY - CONARADE). The National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, has the following responsibilities: to) propose policies and strategies, General and specific risk management. (b) convene ordinary or extraordinary meetings for issues related to risk management. (c) recommend to the President or the President of the plurinational State of Bolivia, the Declaration of situations of disasters and/or emergencies nationwide. (d) create and approve mechanisms of administration of use of resources of the Fund for the reduction of risks and attention of disasters and/or emergencies - FORADE. e) give guidelines for the operation of harmonized, integrated and articulated information systems that are part of the SISRADE. (f) to coordinate actions and give guidelines for rehabilitation, recovery and reconstruction processes.

Article 11. (COMMITTEE OF NATIONAL EMERGENCY - COEN OPERATIONS). I. the Operations Committee of national emergency - COEN, under the direction and general coordination of the Deputy Minister of Civil Defense, is the body that arranges and articulates sectoral technical tables formed by public and private institutions related to disasters or emergency care and recovery.
II. functions of the Operations Committee of national emergency - COEN and the sectoral technical tables, will be established in the regulation of this law.
Article 12. (DEPARTMENTAL COMMITTEE OF RISK REDUCTION AND ATTENTION OF DISASTERS - CODERADE AND MUNICIPAL COMMITTEE OF RISK REDUCTION AND ATTENTION OF DISASTERS - COMURADE).
I departmental committees and municipal of reduction of risk and attention of disasters, are instances of the departmental and municipal levels of the State, responsible of coordinate, promote and recommend actions for risk management within its territorial scope, within the framework of the system of comprehensive planning of the State and of the sectorial strategic guidelines. II. the structure, composition and functions of the departmental committees and municipal of reduction of risk and disaster attention, will be regulated by standard departmental and municipal respectively, in the framework of this law and its regulations.
III. the technical secretariat of the departmental committees and municipal of reduction of risk and disaster attention, will fall on the functional area or unit organizational risk management departmental self-governments and municipal self-government according to their competences.
Article 13. (COMMITTEE OF EMERGENCY OPERATIONS DEPARTMENT-COED AND MUNICIPAL EMERGENCY - COEM OPERATIONS COMMITTEE). I are the bodies formed by public and private institutions and social organizations at departmental and municipal levels respectively, related to disasters or emergency care and recovery. II. the departmental emergency - COED Operations Committee and the Municipal emergency - COEM, Operations Committee will be formed, activated and led by departmental and municipal self-government through their functional areas or organizational units of risk management in coordination with the Vice-Ministry of Civil Defense.
SECTION II powers from the CENTRAL level of the State entities article 14. (TEMPORALITY). For the implementation of this law, is established the following timing: to) short term, which includes the period of up to one (1) year for the planning and execution of studies, strategies and risk-management actions. (b) medium-term, which includes a period greater than one (1) year but less than five (5) years. (c) long term, which includes a period equal to or greater than five (5) years, for the planning and execution of studies, strategies and risk-management actions. Article 15. (RISK MANAGEMENT RESPONSIBILITIES). Risk management requires a comprehensive and complementary intervention of the Executive Body at the central level of the State and will be in charge of the ministries of defence and development planning, with the following responsibilities: to) the Ministry of Defense, is responsible for defining policies, strategies and to coordinate and implement the actions of the short term risk management related to its competence according to the provisions of this law.
(b) the Ministry of development planning, is responsible for defining policies and planning strategies for the management of risks, in the medium and long term in the context of the comprehensive planning, land use planning and public investment, according to the provisions of this law.
Article 16. (RESPONSIBILITIES OF THE MINISTRY OF DEVELOPMENT PLANNING). The Ministry of development planning, as the governing body of the comprehensive planning of the State, in terms of risk management, has the following responsibilities: to) incorporate risk management in the integrated planning of national development of medium and long term as cross, same component governing sectoral and territorial levels for public investment and land management for the reduction of risks.
(b) develop regulations to introduce risk reduction in development and public investment projects.
(c) develop guidelines for the development of programmes of recovery, their implementation and financing with the ministries concerned.
(d) to coordinate with the Ministry of economy and finance, and other ministries involved, the channelling of financial and technical cooperation for the management of risks.
(e) to consolidate and integrate information risk management, generated and managed by the Deputy Minister of Civil Defense, the information generated and managed by different ministries, autonomous territorial entities and other institutions, through the comprehensive planning of the State.
(f) in coordination with the Ministry of defence and the Ministry head of sector, establish guidelines allowing to evaluate risk in projects from the central level of the State.
Article 17. (RESPONSIBILITIES OF THE MINISTRY OF DEFENCE). The Ministry of Defense, in the field of risk management, has the following responsibilities: to) plan, organize, control, and execute the actions of management of risks of short term in coordination with ministries, autonomous territorial entities and other public entities and private, national and international institutions.
(b) propose policies and strategies for the management of risks to the Ministry of development planning, to be incorporated in the processes of planning and public investment.
(c) generate, systematize, analyze and manage information risk management, which should be shared and integrated with the system of comprehensive planning of the State information system.
(d) implement the decisions of the National Council of reduction of risks and attention of disasters or emergencies - CONARADE.
(e) exercise and direct the technical secretariat of the National Council of reduction of risks and attention of disasters or emergencies - CONARADE, through the Deputy Minister of Civil Defense.
(f) create, activate, and lead the Operations Committee of national emergency - COEN through the Deputy Minister of Civil Defense.
(g) coordinate with the ministries of Economics and public finance, and development planning, the channelling of financial and technical cooperation for the development of programmes and projects on risk management.
(h) organizing and coordinating groups of search and rescue of the armed forces, groups of volunteers and firefighters, in disaster situations or emergencies.
(i) coordinate with emergency operations municipal and departmental committees. (j) learn about risks not perceived, such as radiation, pollution and others, the autonomous territorial entities. (k) promote the identification and knowledge of the risk at levels sectoral and territorial. ((l) in coordination with the Ministry of development planning and the Ministry head of sector, establish guidelines allowing to evaluate risk in projects from the central level of the State m) developing guidelines, guidelines and coordinating actions for prevention and contingency preparation, care of disasters, emergencies and early recovery for its implementation in the fields sectoral and territorial.
(n) formulating sectoral and territorial guidelines for education and training in risk management for its implementation in the fields.

Article 18. (OBLIGATIONS OF PUBLIC INSTITUTIONS IN THE FIELD OF RISK MANAGEMENT). Ministries and public institutions in the field of risk management should be: to) incorporate risk management into development plans, land use plans and plans

sectoral, whether at the level national, departmental, regional, municipal and indigenous native peasant, as appropriate, introducing mandatory and preferred, actions and resources for risk management, with emphasis on risk reduction through prevention, mitigation, recovery and reconstruction, within the framework of the guidelines and strategic guidelines formulated by the Ministry of development planning , as governing body of the State comprehensive planning.
b) propose and promote mechanisms of transfer of risk, insurance and others, aimed at minimizing the effects of potential losses in the production sectors, agriculture, livestock, forestry, housing and others.
(c) incorporate the evaluation of risk in their public investment projects according to guidelines and instruments established by the ente Rector.
(d) the Ministry of health shall establish guidelines, guides and protocols for the assessment of risks in health and health care against disasters or emergencies, in coordination with institutions specialized in national, departmental and municipal levels health.
e) the Ministry of education, to be incorporated in the curriculum of the pluri-national educational system, risk management. Also, you must consider the effects of risks in educational management.
f) the Ministry of environment and water, risk management, must: 1. incorporating risk management in the assessment and control of environmental quality instruments.
2. promote the inclusion of risk management within the criteria and instruments of implementation of the integrated management of water resources and sanitation.
3. incorporate preventive measures for the containment of forest fires.
4. by means of the multinational authority of mother earth, integrating climate change as a cross-cutting component of risk management of different sectors and territorial levels, in accordance with the law No. 300 of October 15, 2012? Law framework of the Earthmother and Integral Development for living well?.
(g) the ministries of strategic sectors should incorporate risk assessment and ensure compliance Express, this Act and its regulations.
Article 19. (RIGHTS AND OBLIGATIONS). I. persons rights are: to) receive effective and timely information about the probability of occurrence of natural disasters, natural, anthropogenic and technological, and partner on the appropriate means of prevention, mitigation, preparation, alert, response, rehabilitation and recovery.
(b) participate in the activities which comprises the management of risks. (c) receive State disposition in the presence of an adverse phenomenon.
II. are obligations of persons: to) comply with all regulations issued by the State on use of soil, urban and rural, technical standards of urban planning and risk management. (b) comply with the protocols established by the competent authority in disaster or emergency care. (c) provide collaboration to the actions of disaster or emergency care.
Title II risk management chapter I planning and management article 20. (RISK MANAGEMENT IN THE INTEGRATED PLANNING). I. the State at all levels must be incorporated in comprehensive planning, risk management as a transversal axis, with mandatory and preferred, must also provide for guidelines, actions, and resources for this purpose in their plans, programmes and projects.
II. the central level of the State and the autonomous territorial entities, according to their powers and skills, have a responsibility to draw up development plans and land use plans, as appropriate, in the framework of the strategic guidelines and guidelines formulated by the Ministry of development planning, as governing body of the comprehensive planning of the State.

Article 21. (TERRITORIAL RISK MANAGEMENT). A_partir_de guidelines emanated by the central level of the State: to) the autonomous territorial entities, within the framework of its competencies should incorporate basic parameters of identification, evaluation, measurement, and zoning of areas with degrees of vulnerability and/or risk, for the purpose of issuing rules of prohibition of human settlements and social economic activity in these areas, the goal being to protect life livelihoods and infrastructure/urban or rural.
(b) in the areas of risk which currently have human settlements, the autonomous territorial entities according to their competences, must establish measures of prevention and mitigation, for this effect carried out specialized studies whose results will depend on the decision to consolidate the human or if settlement proceed to its relocation in order to protect life.
(c) the autonomous territorial entities within the framework of their competences, will issue rules for the prohibition of occupation for the purposes of human settlements, equipment in areas of risk that threaten the security and integrity and for the transfer of risks, housing construction, construction of commercial and industrial establishments and others. The location of infrastructure works, is subject to the recommendations made by the specialized studies.
Chapter II scope of article 22 risk management. (RISK MANAGEMENT). I. for the purposes of this Act, risk management is the set of strategies and multisectoral actions aimed at risk reduction through prevention, mitigation and recovery and; the attention of disasters and/or emergencies through the alert, preparedness, response and rehabilitation to natural hazards, socio-natural, anthropogenic and technological as well as social, economic, physical and environmental vulnerabilities.
La II. risk management starts with the identification, knowledge, analysis, evaluation, determination of risk and prognosis of trends of events, threats, and vulnerabilities, which will be carried out in all its scope, and includes: a) reducing risks through prevention, mitigation and recovery covers: 1. prevention, involves comprehensive strategic planning, operational programming and the design of policies instruments and mechanisms to avoid potential risks, as appropriate.
2. the mitigation, involves the strategic and operational planning as appropriate, and the realization of infrastructure projects, protection of productive systems and ecosystems, diversification of production for income generation, relocation of human settlements, among others, to reduce existing and potential risks.
3. the recovery, is aimed at the restoration of normal conditions of life through rehabilitation, repair or reconstruction of the affected area, goods and services damaged or interrupted and restoration and promotion of the economic and social development of the community, under an approach that avoids the reproduction of the pre-existing conditions of risk.
(b) the attention of disasters and/or emergencies through the preparation, alert, response and rehabilitation includes: 1. the preparation, involves organizing and provide for measures and actions to the attention of disasters and/or emergencies by the central level of the State and the autonomous territorial entities as appropriate, through a programmatic operational planning that includes activities and resources for the implementation by sectors.
2. the alert and Declaration, is the declared state of situation involving adopt preventive and preparatory, actions due to the close and likely occurrence of an adverse event, a disaster or emergency. The central level of the State and the autonomous territorial entities, shall declare the types of alert according to this law and its regulations.
3. the response involves the immediate reaction to the disposition of the population to an adverse event in order to save lives and reduce losses. The central level of the State and the autonomous territorial entities, as appropriate, be carried out humanitarian actions.
4. the rehabilitation, involves actions immediate replenishment of basic services, road access and the restoration of livelihoods, as well as, the start of repairing damage, resulting from a disaster or emergency situation. He is done in form parallel or subsequent to the response by the central level of the State and the autonomous territorial entities as appropriate, after the evaluation of the disaster or emergency.
III. autonomous territorial entities, may use instances of the central level of the State and technical specialized institutions, in order to have the technical support and guidance to develop specific studies of analysis and evaluation of risks, hazards, predicting events and other maps.
IV. the attention of disasters and/or emergencies have effects on risk reduction, and they are integrated through strategic and operational planning.

Article 23. (KNOWLEDGE AND ANCESTRAL PRACTICES IN RISK MANAGEMENT). Central State and the autonomous territorial entities, must identify, assess, systematize, enhance and apply knowledge and ancestral practices in the management of risks, together with the peoples originating indigenous peasants, intercultural communities and afrobolivianos, within the framework of the worldview of them and respecting their natural territorial organisational structures.
Article 24. (CLIMATE CHANGE IN RISK MANAGEMENT). The central level of the State and the autonomous territorial entities, will incorporate climate change in risk management, to contribute to increasing resilience and reducing vulnerabilities, according to the law N ° 300 of October 15, 2012? Law framework of the Earthmother and Integral Development for living well?, this Act and its regulations. Title III budget estimates and funding for risk management chapter I budget article 25. (PROGRAMMING OF RESOURCES). I. the entities of the central level of the State, shall provide in their operational programmes per year and budgets, the resources needed for the management of risks, as set out in their sectoral development plans. II. the autonomous territorial entities, shall at their operational programmes per year and budgets, the resources needed for the management of risks, as set out in their development plans, emergency plans and contingency plans.
Article 26. (LINKS TO NATIONAL SYSTEMS). Plans for development of departmental, municipal, autonomous governments and native indigenous peasants, as well as sectoral plans, must link with the State system of investment and financing for development - SEIFD and the systems of governance, to ensure resources for risk management programs and plans.
Article 27. (MECHANISMS FOR THE TRANSFER OF RISKS). The central level of the State and the autonomous territorial entities, can design mechanisms to transfer the risks through insurance and others, to cover losses and damages resulting from disasters or emergency situations.
Chapter II Fund for risk reduction and disaster response - FORADE article 28. (ESTABLISHMENT OF THE FUND FOR RISK REDUCTION AND DISASTER RESPONSE - FORADE). I. is granted to the Ministry of defence to form the trust? Fund for the reduction of risks and attention of disasters and/or emergencies? -FORADE, in order to capture and manage resources to finance management of risks, at the national, departmental and municipal levels and autonomies indigenous peasant originating within the framework of this law, and subject to regulation.
II. the trust may not grant or contract loans. III. the allocations from the trust, shall be authorized prior technical evaluation of the National Council for disaster risk reduction - CONARADE. IV. the allocations from the trust are not refundable. V. The implementing entities of the trust resources, must be accountable to trust the implementation of resources in accordance with regulation. VI. in order to ensure the sustainability of the trust, the resources of the autonomous patrimony, may be invested by the trust under the principles of safety and liquidity. VII. management of the resources of the trust, shall be subject at least to an annual external audit. VIII. the expenditure necessary for the administration of the trust, shall be covered by charges to the same yields. IX. the aspects necessary for the incorporation and administration of the trust, will be established by Supreme Decree. Article 29. (FINANCING FROM THE FUND FOR RISK REDUCTION AND DISASTER RESPONSE - FORADE). The trust will have the following sources of funding: to) the zero point fifteen percent (0.15%) of the General State budget total consolidated expenditures, approved for each fiscal management, with sponsor agency 111 - Treasury General of the nation; whose resources will be used primarily as a counterpart for risk management actions.
(b) donations payable. (c) credits. (d) specific resources from multilateral or bilateral cooperation for the management of risks. (e) resources provided by the trust. (f) other sources of funding.
Article 30. (DONATIONS NOT PAYABLE). I not payable grants that are awarded to the central State level institutions, involved in risk management and autonomous territorial entities in cases of disasters or emergencies, must be registered in their respective budgets according to current regulations.
II. all non payable donations earmarked for disaster or emergency care will be reported to the Vice Ministry of Civil defence of the Ministry of Defense, according to the present law.
Article 31. (ADMINISTRATION OF THE RESOURCES OF THE TRUST). The self-contained Heritage Trust, will be administered in two (2) funds: to) equity fund, consisting of one hundred percent (100%) of designated resources in article 29 of this law, as well as their yields, to risk management. Of all these resources, according to a technical analysis, the CONARADE must be set in a specific regulation, the beneficiaries and the percentages for risk reduction and disaster attention and/or emergency.
b) exclusive Fund, which will be defined by express standard of the central State level, exclusively for the attention of disasters or emergencies, throughout the territory of the plurinational State.
Chapter III regime of emergency emergencies and/or disasters article 32. (BUDGET CHANGES). The Declaration of disaster or emergency enables public entities at all levels of the State responsible for its care, budget changes and transfers between budget items, according to the existing regulations and the specific legislation establishing the Ministry of economy and public finances. Article 33. (PROCUREMENT OF GOODS AND SERVICES).
I once issued the Declaration of disaster and/or emergency national, departmental, municipal and rural native indigenous, according to the forecasts of this law and its regulations, institutions are empowered to carry out the procurement of goods and services in the form of procurement disasters and/or emergencies established in the current regulations.
II. the procurement of goods and services in situations of disasters or emergencies, must be oriented to the immediate and timely attention of stocks and sectors concerned.
Article 34. (ENTRY INTO FORCE OF THE REGIME OF EXCEPTION IN SITUATIONS OF DISASTERS AND/OR EMERGENCIES). I. declared disaster or emergency situation, comes into force the exception regime established in this law and will have a duration of a maximum of nine (9) months. II. the return to normality of the disaster or declared emergency situation involves the conclusion of the regime of exception, according to the regulations of this law. Title IV situation of disaster and/or emergency chapter I alert States article 35. (ALERTS).
I the alerts are situations or States of surveillance and monitoring of threats likely to address the conditions of vulnerability, prior to the occurrence of disasters or emergencies declared in order to enable protocols prepared plans of emergency and contingency and other mechanisms; inform the population about the potential risks; they activate prevention protocols; and prepare against possible disasters or emergencies.
II. types of alerts are different according to the proximity of the occurrence of the event, the magnitude and impact of damage and probable losses that can generate disasters or emergency situations.

Article 36. (TYPES OF THREATS). The classification of alerts is different according to the proximity of occurrence, the magnitude of the event and the likely damage and losses, considering among others the following types of threats: to) weather. They have origin in the atmosphere and are manifested, among others, such as hail, storms, waves of heat or cold, extreme, icy temperatures and moderate to strong rainfall, precipitation deficit, tornadoes and strong winds.
(b) weather. They are related to the conditions of a particular climate and its variations over time, this type of threat produces droughts, snow melt, increase in the level of mass of water and others. They are also oceanico-atmosferica interaction events.
(c) hydrological. They are processes or phenomena of hydrological origin; they belong to this type of threats, floods and overflows of rivers, lakes and lagoons.
(d) geological. They are terrestrial processes of tectonic, volcanic origin and structural. They belong to this type of threats, earthquakes, activity and volcanic emissions, landslides, falls, cave-ins, reptaciones, avalanches, surface collapses, liquefaction, expansive soils and others.

(e) biological. They are of organic origin, including exposure to pathogenic micro-organisms, toxins and bioactive substances that can cause death, disease, or other health effects. They belong to this type of threat, outbreaks of epidemic diseases such as dengue, malaria, Chagas disease, influenza, cholera, infections of plants or animals, insects or other pests and infections, intoxications and others.
(f) anthropogenic. They are of human origin and directly or indirectly affect a medium. They include a wide range of threats, such as the various forms of pollution, fires, explosions, spills of toxic substances, accidents in the transport systems, social conflicts and others.
(g) technology. They are technological or industrial origin that can cause death, injury, disease, or other impacts on health, as well as damage to property, loss of means of livelihood and services, social or economic conditions, environmental damage. These are industrial pollution, nuclear radiation, toxic waste, structural collapses, transportation accidents, explosions of factories, fire, chemical spill, and others.
Article 37. (CLASSIFICATION OF ALERTS). I. the alerts, according to the proximity of occurrence or magnitude of adverse events foreseeable and likely to generate situations of disasters and/or emergencies related to vulnerable elements, are classified into: to) Green alert. When still not the adverse event has occurred and is considered a situation of normalcy. Before alerts of this kind the various ministries and bodies responsible for the attention to disasters or emergencies, as well as departmental and municipal, autonomous governments shall, inter alia: activities of maintenance, repair of infrastructure and equipment; they will permanently trained staff for response purposes. In addition, conduct campaigns of awareness raising and information to the population in risk management.
(b) yellow alert. When is the proximity of the occurrence of an adverse event in initial stages of development or evolution. Emergency operations committees - COE to evaluate the possible effects of the events they should gather before alerts of this kind in each territorial level. The various ministries and bodies responsible for the attention of disaster or emergency, as well as the autonomous governments departmental and municipal; they must review and adjust when necessary emergency and contingency plans according to the methodologies and protocols, according to their competencies within the framework of the regulation of this law.
c) alert orange. When he is expected that the adverse event occurs and its development may affect the population, livelihoods, production systems, access to basic services and others. In this kind of alert mechanisms of communication and diffusion to the populations likely to be affected by potential or latent risks and protocols must be activated to be followed in case of disasters or emergency situations. Members of the emergency operations committees - COE at different levels, should make initial and forward-looking manner, resources and personnel envisaged in its annual operational planning and institutional funds, necessary for the care according to regular procedures.
d) red alert. When it has been confirmed the presence of the adverse event and its magnitude or intensity can affect and cause damage to the population, media life, production systems, accessibility, basic services and other. In this type of alert, they must activate emergency operations committees - COE at different levels and implementing contingency plans and recommend different instances responsible for declarations of disaster or emergency, consider the relevance of the Declaration of the emergency immediately.
II. the Declaration alerts allows you to set the risk scenarios to perform preventive and preparatory actions and does not necessarily imply the Declaration of emergency.
III. technical criteria for the determination of alerts will be defined in the regulation of this law. IV. territorial entities autonomous within the framework of the technical criteria set out in the regulation of this law, shall establish parameters for the determination of the alerts, in the framework of its characteristics and own realities.
Article 38. (RESPONSIBLE FOR THE DECLARATION OF ALERTS). I are responsible for declaring alerts: 1. at the national level, the Ministry of defence through the Deputy Minister of Civil Defense, through its early warning system, in coordination with the monitoring and sectoral early warning systems.
2. at the departmental level, departmental autonomous governments, through their own warning systems.
3. at the municipal level, municipal autonomous governments, through their own warning systems. 4. the Governments of indigenous autonomies originally farmers, develop their alert systems according to the comprehensive management that historically have their territories and ancestral knowledge on the habitat they occupy.
II. the autonomous territorial entities alert systems, structured with the national warning system in charge of the Vice Ministry of Civil Defence; It can advise and provide technical assistance to them to form and strengthen their early warning systems and coordinate the needs of Declaration of alerts as appropriate.
III. the systems of surveillance, monitoring and early warning, have a responsibility to collect and monitor information periodically and permanently on the events likely to generate disasters or emergencies, as well as the vulnerable elements through the implementation of systems and mechanisms of information in accordance with this Act and its regulations.
Chapter II Declaration of disaster or emergency rule 39. (DECLARATION OF DISASTER SITUATIONS OR EMERGENCIES). According to the parameters set out in this Act and its regulations, may declare: to) at the central level of the State: 1. national emergency. The President or the President of the plurinational State by Supreme Decree, upon the recommendation of the CONARADE be declared national emergency when the presence of an actual or imminent phenomenon is of such magnitude that the departmental autonomous governments affected, may not attend disaster with their own capabilities, economic or technical; situation in which the Ministry of Defense and all the institutions for the emergency care of the Central State level and departmental and municipal self-government, carried out their coordination and intervention protocols.
2. national disaster. The President or the President of the plurinational State by Supreme Decree, upon the recommendation of the CONARADE, be declared a national disaster when the magnitude and impact of the event caused damage so that the State as a whole to not meet with its own economic or technical; situation in which external assistance will be required.
(b) at the departmental level: 1. departmental emergency. When is the presence of an actual or imminent phenomenon of such magnitude that the local autonomous governments affected, may not attend disaster with their own capabilities, economic or technical; situation in which all the institutions aimed at the departmental level and affected municipal self-governments emergency care, run their coordination and intervention protocols.
2. departmental disaster. When the magnitude of the event cause damage in a way so that the Department can not meet with its own economic or technical; situation in which assistance from the central Government of the plurinational State, who previous evaluation will define its intervention will be required.
(c) at the Municipal level: 1. emergency Municipal. When is the presence of an actual or imminent phenomenon of such magnitude that the municipality can attend with their own economic or technical capacity the affected territory; situation in which all the institutions aimed at the municipal level emergency care, run their coordination and intervention protocols.
2 Municipal disaster. When the magnitude of the event cause damage in a manner such that the municipality can not meet with its own economic or technical; situation in which assistance from the departmental government, who previous evaluation will define its intervention will be required.
(d) in the original peasant indigenous autonomies: 1. emergency in the original peasant indigenous autonomy. Emergency will be declared when the presence of an actual or imminent phenomenon is of such magnitude that the autonomy indigenous native peasant, to serve the affected territory with its own economic or technical capacity.
2. disaster in the original peasant indigenous autonomy. Will be declared disaster in its jurisdiction when the magnitude of the event cause damage in such way, that the autonomy indigenous native peasant, not to meet with its own economic or technical; situation which will require assistance from the level that corresponds.

Article 40. (IMPLICATIONS OF THE DECLARATION OF DISASTER SITUATION OR EMERGENCY). I Declaration of emergency situation, the central level of the State and the autonomous territorial entities, apply actions to the preparedness, response and comprehensive recovery of the emergency declared, in the framework of its corresponding Contingency Plan.
II. location of Declaration of disaster, the central level of the State and the autonomous territorial entities apply the shares corresponding to the response and recovery of the sectors and the population affected by the declared disaster.
III. Declaration of disaster or emergency situation, the central level of the State and the autonomous territorial entities, apply the regulatory regime of exception.
IV. autonomous authorities of the Central State level and local authorities for declarations of disaster or emergency must consider only the areas and population affected by the presence of the adverse event.
V. The Ministry of defence through the Deputy Minister of Civil Defense, may make the final property transfer inherent to the attention of disasters or emergencies, in favour of institutions or population affected, according to the regulation of this law.

Article 41. (RETURN TO THE NORMALITY OF THE SITUATION OF DISASTER OR EMERGENCY). The return to normality of the disaster or emergency situation, must be established and communicated by the National Council for the reduction of risks and attention of disasters and/or emergencies - CONARADE, at the central level of the State; by the departmental Committee of risk reduction and disaster attention - CODERADE, at the departmental level and the Municipal Committee for risk reduction and disaster attention - COMURADE, at the municipal level, as appropriate, through a Supreme Decree to the central level of the State and the autonomous territorial entities through normative instrument similar to that used for the Declaration of disaster or emergency.
Title V alert for risk management and information systems information systems and alert only chapter article 42. (INTEGRATED SYSTEM OF INFORMATION AND ALERT FOR THE MANAGEMENT OF THE RISK OF DISASTER - SINAGER-SAT). I. the integrated system of information and alert to the risk of disaster management - SINAGER-SAT, in charge of the Vice Ministry of Civil Defense, is based on information of threats, vulnerabilities and levels or scenarios of risk, surveillance, observation and alert, response and capacity parameters of risk in the service of the SISRADE, for decision making and risk management administration.
II. are components of the SINAGER-SAT: the national early warning system for disasters - SNATD, the National Observatory of disasters - OND, the infrastructure of spatial data - GEOSINAGER and the Virtual Library of prevention and attention of disasters - BIVAPAD.
Article 43. (NATIONAL SYSTEM OF EARLY WARNING FOR DISASTER - SNATD). I it is the system of surveillance and monitoring threats likely to address the conditions of vulnerability, prior to the occurrence of disasters or emergencies, in order to provide information on the level or stage of risk, to enable prevention and preparation of fast transmission protocols.
II. the system of early warning for disaster - SNATD, articulates the alert systems of autonomous territorial entities and systems of monitoring and surveillance of institutions technical scientific, with features and scope set out in the regulation of this law.
Article 44. (NATIONAL OBSERVATORY OF DISASTERS - OND). It is the body that registers and consolidates information from adverse events that occurred in national territory, through the assessment of damage and needs with interconnected components. This Observatory will provide information for decision-making.
Article 45. (INFRASTRUCTURE OF SPATIAL DATA - GEOSINAGER). It is a system of spatial data that applied standards and technologies to acquire, process, store, distribute, publish, and improve the use of geographic information, facilitating the management of geo-spatial information, contributing to the development of risk management in the territory.
Article 46. (VIRTUAL LIBRARY OF PREVENTION AND ATTENTION OF DISASTERS - BIVAPAD). It systematizes information about risk management and provides multiple users requiring it to research, plan and make decisions, within the scope of this matter.
Article 47. (JOINT INFORMATION SYSTEMS). The institutions of the SISRADE and other related risk management should articulate information systems established in this law.
SOLE ADDITIONAL PROVISION. Municipal self-government, may establish standards of land use, a system of transfer of risks for the protection of housing where appropriate.
TRANSITIONAL PROVISIONS FIRST. Sets a term of up to one (1) year from the publication of this law, so that the Governments of the autonomous territorial entities make up and put into operation the CODERADES and COMURADES.
THE SECOND. As long as they conform and entering the CODERADES and COMURADES operation, assume responsibilities and powers conferred in this Act, the COED and COEM respectively.
THIRD. This law will be regulated by Supreme Decree, within a period of ninety (90) days from its publication.

-FOURTH. Autonomous territorial entities which do not have maps of risk, must develop them within the period of two (2) years from the publication of this law.
QUINTA. I. the FORADE, you must enter into operation during the first half of the year 2015. Meanwhile becomes the FORADE, the Ministry of economy and finance, may directly transfer the resources laid down in article 29 of this law to the various institutions that apply, prior authorization from the CONARADE.
La II. by express standard which defined the exclusive Fund of the FORADE established in subparagraph (b)) of article 31 of this law, shall be issued within a period of one hundred eighty (180) days from the publication of this law. FINAL PROVISIONS FIRST. Activities, works and projects likely to generate threats or risks, should be incorporated instruments for mitigation, immediate response and care of contingencies, in the framework of plans and programs of Social responsibility and plans derived from assessments of environmental impact, according to environmental regulations, and risk management. THE SECOND. In the framework of the system of comprehensive planning of the State, the autonomous territorial entities shall incorporate risk management into their development plans consistent with national planning. SOLE ABROGATION PROVISION. Are repealed law No. 2140 of 25 October 2000, for the reduction of risks and attention of disasters and/or emergencies; Law No. 2335 of 5 March 2002, of amendments to the law No. 2140; the Supreme Decree No. 26739 August 4, 2002; and all provisions contrary to this law.

Refer to the Executive Body for constitutional purposes.
Two thousand fourteen is given in the room of sessions the Assembly Legislative plurinational, thirteen days of the month of November of the year.
FDO. Eugenio Rojas Apaza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez, Nelson Virreira Meneces, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Department of Cochabamba, fourteen days after the month of November in the year two thousand fourteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Aldo Ruben Saavedra Soto, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Arturo Vladimir Sánchez Escobar, Daniel Santalla Torrez Minister of labour, employment and SOCIAL welfare and health, José Antonio Zamora interim Gutierrez, Roberto Ivan Aguilar Gomez, Nemesia Achacollo Tola, Amanda Davila Torres.