Modifies The Law Nâ ° 20,378 Creating A National Subsidy To The Pa Public Transport Paid Passengers, Increasing The Subsidy Resources And Creating The Regional Fund (Far)

Original Language Title: MODIFICA LA LEY Nº 20.378 QUE CREA UN SUBSIDIO NACIONAL AL TRANSPORTE PÚBLICO REMUNERADO DE PASAJEROS, INCREMENTANDO LOS RECURSOS DEL SUBSIDIO Y CREANDO EL FONDO DE APOYO REGIONAL (FAR)

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"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley Nº 20.378, que crea un Subsidio Nacional para el Transporte Público Remunerado de Pasajeros: 1) replaced the article 2nd by the following: ' article 2.-from the date of publication of this law, the annual total expenditure for implementation of the mechanism of subsidy referred to in the preceding article may not exceed $380,000,000 thousands." " This maximum limit is reset annually in the law of budgets, considering the variation that experiment the index of prices to the consumer. The amount that is considered in the law of budgets of each year for the implementation of the subsidy mechanism, will be divided into equal parts between: i) the province of Santiago and the communes of San Bernardo and Puente Alto, and ii) Metropolitan Region, excluding the province of Santiago and the communes of San Bernardo and Puente Alto, as well as other regions of the country.

Without prejudice to the foregoing, and to the extent that the system of transport of the province of Santiago and the communes of San Bernardo and Puente Alto extends to other communes or adjacent regions, or tariff or technologically integrates with most public transport services whose origin is in these districts or regions, part of the subsidy corresponding to the numeral ii) and distributed to the same communities or regions which satisfy the above conditions (, it can be reassigned to the numeral i) of this article. The above shall be established in the law of budgets of the respective year.

For the purposes of this Act, shall include greater public transport which is carried out by buses, minibuses, trolleybuses and taxibuses, or through land, rail, sea or air modes, and means less than the taxi public transport groups, insofar as they are intended for a massive use among the population and subjected to a legal regulatory regime regulatory and, or contract for your authorization and control.

A decree issued, later than December 31 of each year for the calendar year following, by the Ministers of transport and telecommunications and finance, under the formula "by order of the President of the Republic" will establish annually, by region, the amount corresponding for the subsidy mechanism, as well as the distribution of it, in accordance with stated in (b)) article 3 ° and articles 4 ° and 5 ° of the This law. The referred distribution will take place on the basis of the parameters characteristic of the transport, such as travel, rates, fleet or other systems, and considering projects, programs and contracts that are in force and which is been implemented prior to the enactment of the Decree, devoting resources primarily to rebate of rates and improving conditions of quality and safety of public transport for the benefit of users. For the regions of Arica and Parinacota, Tarapacá, Aysén, Magallanes and Antártica Chilena, and the provinces of Chiloé, in the determination of the percentage corresponding to each region and Palena may consider an additional support to promote paid passenger public transport, when the use of public transport is significantly less than the rest of the country. "."

(((2) in article 3: a) replaced the letter b) subsection first with the following: "b) in geographical areas other than the province of Santiago and the communes of Puente Alto and San Bernardo, who have public transport services paid through passenger buses, minibuses and trolleybuses, operating within the framework of a grant of use of way granted pursuant to law N ° 18.696" , or operate under a perimeter of exclusion or conditions of operation or other equivalent method, the amount of subsidy will be determined by the formula of calculation and procedure established by a regulation issued by the Minister of transport and telecommunications and that shall carry, in addition, the signature of the Minister of finance. The corresponding resources will be transferred by the Ministry of transport and telecommunications licensees or responsible for the service, according to the conditions established on the basis of tender and the respective contracts or resolutions, as appropriate, who shall incorporate the effect of the subsidy in the economic conditions and the operation of the services, such as rates, quality of service, control mechanisms and others. "."

((b) changed the third paragraph in the following manner: i) the phrase "respective contracts" shall be replaced by "contracts or respective resolutions".

(ii) replace the phrase "bases and contracts" by "bases, contracts or rulings".

(iii) replace the phrase "service providers, will not be refundable with no other income from the system of transport public.", by "transport providers or providers of complementary services, won't les be refundable with no other income associated with the public transportation system.".

((3) in article 4: to) replaced first paragraph with the following: "article 4.-in geographical areas other than those identified in the article 3, people that shown below and that are at 31 December of the year prior to the delivery of the subsidy in any of the qualities that are designated in the following literal (, will be perceived according to the rules that are expressed in this article: i) beneficiaries of article 3 of law No. 18,020.

(ii) beneficiaries of articles 2 ° and 4° of the decree with force of law N ° 150, 1982, the Ministry of labour and Social Welfare, who receive such allowances have income equal to or less than the maximum limit set out in article 1 of law N ° 18.987.

(iii) the families that are registered in the system of social protection "Chile Solidario". "."

(b) delete the third paragraph, passing current subparagraphs fourth, fifth, sixth and seventh to be subsections third, fourth, fifth and sixth, respectively.

(c) be deleted in paragraphs sixth and seventh, that pass to be subsections fifth and sixth, respectively, the phrase "considered in (b))".

(4) replace the article 5th by the following: "(Artículo 5º.-En las mismas zonas contempladas en los artículos 3°, literal b), and 4 °, may allocate resources for grant, on the basis of criteria of impact, and or social profitability, to a programme of support for Regional transport that includes a subsidy to public transport paid in isolated areas;" a school transportation subsidy; a subsidy aimed at the promotion and strengthening of public transport in rural areas of the country; subsidies that encourage public transportation in the regions of Arica and Parinacota, Tarapacá, Aysén, Magallanes and Antártica Chilena, and the provinces of Chiloé and Palena, when increased public transport use is significantly less than the rest of the country; and other programs that promote public transport and safety and driver education.

Regional transport support program will be administered by the Ministry of transport and telecommunications, and the necessary rules for the distribution of resources between projects, their implementation and operation will be contained in a special regulation issued for this purpose by the Ministry of transport and telecommunications and in addition, signed by the Minister of finance.

For purposes of the delivery of the subsidy, the Ministry of transport and telecommunications may conclude agreements with other ministries, public services or private entities, in accordance with the regulations in force.

In the program of support for Regional transport are excluded the activities of advertising or broadcasting by means of mass media, in the terms provided for in article 3 of law No. 19.896. "."

((5) in article 6: a) Insert, in the second paragraph, then of the terms "designated contracts", the following sentence: "ability to offer, demand measurements, average waiting and time travel, accidents, fines and executed discounts, relevant service interruptions,".

(b) incorporate the following third paragraph: "the ministries of finance and transport and telecommunications should annually perform specialized selective evaluations of some of the different programs and initiatives related to subsidies to public transportation. All evaluations, whether by application of indicators or specialized studies, surveys will be public. "."

(6) add, in article 7, the following second paragraph: "in the same way, any contract or agreement entered into under this Act, the validity or duration is greater than three years from your subscription to must have the previous visa of the Finance Minister.".

((7) in article 8: a) delete, in the first paragraph, the expression "the letter b)", and to replace the expression "in article 4", by "article 4".

(b) delete, in the final paragraph, the expression "(literal b) of the".

(8) in the first subparagraph of article 14:
((a) replaced into the letter to) the expression "monthly" for "quarterly", and insert between the expression "remunerated passenger" and the point aside, the following paragraph: ", so not to increase the difference between costs and revenues of the system." Without limiting the foregoing, if the variation in costs applicable to the setting of rates exceeds a limit value, pursuant to these effects in the same regulation before designated, the Minister of transport and telecommunications may request Expert Panel determination of a further increase in rates".

((b) insert in the letter c), then the expression "determine", the expression "quarterly".

((c) add the following letter f): "f) to decide on the methodology, terms and conditions of the implementation of changes in economic conditions and the operation of paid public passenger transport services referred to article 3 literal b).".

(9) replace in the second paragraph of article 15, the phrase "Financial administrator of Transantiago S.A.", with "corresponding complementary services provider".

(10) replace article 20 with the following: "article 20.-the Ministry of transport and telecommunications may propose one or more master plans of infrastructure public transportation (PMITP), which must be approved by the concerned Ministry and by the Ministers of finance, public works, housing and town planning, and Social development, and the mayors of the regions where they are metropolitan areas addressed by the PMITP." Each Plan will have a validity of five years and may be updated, in accordance with the requirements that demand the public transport system. Additionally, these Ministers will define jointly the technical body of the State which will run each work plan and the body responsible for its maintenance or conservation. His status will be informed annually by the Ministry of transport and Telecommunications Ministers cited.

The Ministry of transport and telecommunications can build, maintain, modify, expand, repair, preserve and concession contained in the PMITP under public works. Shall be understood for the purposes of this law as a minor public works: pay with or without zones transshipment stations, bus stops, terminals, traffic signals, demarcations and technological equipment that support the operation of public transport and the complementary work that may be necessary for the execution of the above-mentioned works.

The Ministry of transport and telecommunications, in the framework of each Plan, may entrust the technical bodies of the State execution of works contained in it, pursuant to article 16 of law No. 18.091. "."

(11) replaced article 21 with the following: "article 21.-where a region does not have an approved PMITP, Ministry of transport and telecommunications can perform, for minor public works, actions referred to in the second paragraph of article 20 or its execution to instruct the technical bodies of the State." The conservation of these works will be up to the competent bodies, in accordance with the General rules. "."

(12) merge the following article 21 bis: "article 21 bis.-in works related to public transport to be performed in total or in part in municipal or private premises require the Constitution of a prohibition to alienate, encumber and execute acts and contracts on the property on which such works are executed. The prohibition must register in the conservative real estate for a period of ten years. In certain cases founded resolution, executing the work Ministry may authorize the hoist of the prohibition of which is this article, provided that the use of the property for purposes of public transport for the designated time. Equally, the Ministry may require to reset the ban for the time that corresponds.

However, the prohibition may rise if reintegrating the resources provided, expressed in monthly tax units, more an interest of 1% a month. This interest rate is calculated on the perceived values and until the time of reinstatement. Value to reinstate him will be deducted the part corresponding to the proportion of time that the venue was actually intended for the purpose of public transport, at the rate of one-tenth per year, counted from the date of the effective operation of the work. "."

(13) disposed of in the second paragraph of the second transitional article the phrase "as long as the necessary agreements to transfer the amount of the subsidies are not achieved, resources for the financing of these shall be distributed in accordance with the requirements of article 5 ° letter b).".

(14) replace the third transitional article with the following: "third transitional article.-authorize the disposal, between 2012 and 2022, of a contribution for transportation, connectivity and regional development, by up to $360,000,000 thousands annually, for on the amount designated in the article 2º of the present law." This threshold will be reduced gradually, starting from the year 2018 at 1% over the preceding year. The resulting amount will reset annually in the budget Act, considering the variation that experiment the index of prices to the consumer. The amount that is considered in the law of budgets of each year for the implementation of this special contribution, will be divided into equal parts between the needs of transportation of the province of Santiago and the communes of San Bernardo and Puente Alto, and the needs of transport, connectivity and development of other regions of the country and the Metropolitan Region excluding the province of Santiago and the communes of San Bernardo and Puente Alto.

The resources of this special contribution corresponding to the province of Santiago and the communes of San Bernardo and Puente Alto will be transferred in the form indicated in the letter a) of article 3 of this law, without further formality or requirement that the adoption of the corresponding transfers. However, may apply to this contribution and the subsidy established in the literal i) of article 2 provisions of the final paragraph of article 3 of this law and, in addition, may exceed each of them founded up to a maximum of 5%. The resources of this special contribution corresponding to other regions of the country and the Metropolitan Region, excluding the province of Santiago and the communes of San Bernardo and Puente Alto, will be transferred to the Fund to which the fourth transitory article of this Act refers.

The Panel of experts established in article 14 of this law, every two years and starting from the year 2014, will convene specialized entities to carry out an evaluation study to the system of paid public transport of passengers in the province of Santiago and of the communes of San Bernardo and Puente Alto, on the basis of specific objectives agreed between the Ministry of transport and telecommunications and the Ministry of finance. Above, the object general assess the functioning of the system, its efficiency, its costs and relevance and amounts of subsidies and contributions laid down by this law, on the basis of which may propose an adjustment to the amount of subsidy, for consideration in the discussion of the corresponding draft budget law for the Public Sector. The cited study should be given to more by August 31 of the respective year, and will have public. "."

(15) replace the fourth transitory article with the following:, deducted the amounts referred to in articles 3 ° " (, point (b)), 4 ° and 5 °.

Through one or more decrees of the Ministry of transport and telecommunications, signed by the Ministers of the Interior and public security and finance, will be regulated operation, conditions, fate and distribution of the resources of the Fund. Such decrees shall establish the criteria and mechanisms for distribution of resources between sectoral initiatives and regional Governments; and the way through which, within the framework of its powers, these will prioritize and define the projects to be financed with the resources of the Fund.

Costs and investments that may be charged to the Fund will have the destinations listed below, taking into account their impact or social profitability: 1. large projects of development of general infrastructure, public transport, modernization, and others; that may involve more than one region and more than one budget period. These projects may include:
(a) implementation of a special programme whereby regional governments will be empowered to summon a process of renewal of buses, minibuses, trolleybuses and taxibuses. This process should consider the purchase of buses, minibuses, trolleybuses and taxibuses used, and must have its destruction and conversion in scrap, ensuring its further renewal by buses, minibuses, trolleybuses and taxibuses of lower seniority. Without prejudice to converting previously designated scrap, regional governments can order the preservation of certain buses, minibuses, trolleybuses and taxibuses for purposes of historical research or for exhibition in museums. The Minister of transport and telecommunications will issue a regulation, which will take also the signatures of the Ministers of finance and of the Interior and public security, which establish, among other matters, the procedure and the requirements that must be met buses, taxibuses, minibuses and trolleybuses that will be included in the program; and these found operating for paid public passenger transport during the past three years from the date of publication of this law. In addition, regional governments will convene to programs of modernization of higher public transport and taxis collective, as a minor public transport, to the incorporation of cleaner technologies and improvements in aspects of safety, quality and efficiency for the benefit of users. These programmes will be regulated in the regulation referred to above. Vehicles benefit from the programmes referred to in this literal must provide public passenger transport services by at least 48 months from the granting of the benefit. Failure to comply with this requirement, except in cases of force majeure or case, oblige the recipient to return the amount perceived, adjusted in accordance with the variation that experience price index consumer determined by the National Institute of statistics or the entity that replaces it, between the month preceding that in which was perceived and which precedes its restitution. The return should materialize within a period of sixty days counted from the aforementioned breach has been established by the Secretariat for transport.

(b) infrastructure for public transport and its modernization, such as design and implementation of plans for the improvement of public transport, investment in infrastructure for the transport or the modernization of the management of systems.

(c) any other investment project, other than those listed above, which shall establish the importance of these investments to the region or regions.

(The projects outlined in the literal b) and c) precedents must comply with the rules on evaluation referred to in article 19 bis of Decree Law No. 1.263 of 1975, on State financial administration, as well as the other rules applicable to the matter.

2. a programme in support of the public transport services paid passengers provided by railways, intended to finance its economic sustainability through the financing of improvements to the technical conditions and quality of services, among others. The necessary rules for the implementation and operation will be established in a decree issued by the Minister of transport and telecommunications and in addition, signed by the Minister of finance.

In the event that there are resources remaining in the Fund until two years after the end of the special contributions, be passed on to the public Treasury departure. "."

(16) replace, in the tenth transitional article, the "2014" figure by "2022", and the expression "transitional allowance" for "special contribution".