LAW NO. 20,378 CREATES A NATIONAL SUBSIDY FOR THE PUBLIC TRANSPORTATION OF PASSENGERS Having present that the National Congress has given its approval to the following Bill: TITLE I of the Grant of the Subsidy Article 1. the purpose of promoting the use of public paid passenger transport, a tax-charge subsidy mechanism intended to compensate for the lower payments made by students in the paid public passenger transport services. Article 2.-At the date of publication of this law, the total annual expenditure per application of the subsidy mechanism referred to in the previous article may not exceed $380,000,000 thousand. This ceiling may be adjusted annually in the budget law, which shall consider the variation in the Consumer Price Index or the adjustment methodology that effectively includes the projections of changes. of the system costs. This methodology will be established by the supreme decree of the Ministry of Transport and Telecommunications, also signed by the Minister of Finance, considering, mainly, one or more of the following cost factors: Price of oil diesel, United States dollar of America observed and passenger index per kilometer. The amount considered in the Budget Law of each year for the application of the subsidy mechanism, will be divided equally between: i) the Province of Santiago and the communes of San Bernardo and Puente Alto, and ii) the Metropolitan Region, excluding the Province of Santiago and the communes of San Bernardo and Puente Alto, as well as the other regions of the country. Without prejudice to the foregoing, and to the extent that the public transport system of the Province of Santiago and the communes of San Bernardo and Puente Alto extends to other communities or regions bordering on, or is integrated, tariff or technological with public transport services, the largest of which is in such communes or regions, part of the subsidy corresponding to the number (ii) and distributed for the same communes or regions which meet the conditions set out above, may be reallocated to the numeral (i) of this Article. The above will be established in the respective year's Budget Law. For the purposes of this law, greater public transport shall be understood to be carried out by means of buses, minibuses, trolleybuses, trams, lifts, cable cars, for the public transport of passengers and taxibuses, or through other modes land, rail, sea or air or other modes propelled by external mechanisms, such as catenaries or cables, and shall be understood by public transport less than collective taxis, in so far as they are intended for mass use by part of the population and subject to a regulatory regime of a legal, regulatory and, or for its proper authorisation and supervision. A decree issued at the latest on 31 December of each year for the following calendar year, by the Ministers of Transport and Telecommunications and Finance, under the formula "By order of the President of the Republic" shall establish annually, by region, the amount corresponding to it by application of the subsidy mechanism, as well as the distribution of the subsidy, in accordance with the provisions of Article 3 (b) and Articles 4 and 5 of this Law. This distribution will be carried out on the basis of the own parameters of the transport systems, such as travel, fares, fleet or other, and considering the projects, programmes and contracts which are in force and which have been put into effect. In the past, the government has been implementing the decree of the decree, allocating resources primarily to reduce tariffs and improve the quality and safety of public transport for the benefit of the users. For the Regions of Arica and Parinacota, Tarapaca, Aysen, Magallanes and the Chilean Antarctic, and the Provinces of Palena and Chiloé, in determining the percentage that corresponds to each region, an additional complement may be considered for promote the public transport of passengers, when it is noted that the use of public transport is significantly lower than in the rest of the country. Article 3.-The determination of the amount of the subsidy corresponding to the cases indicated below, according to the provisions of the previous article, as well as the mechanism of transfer of the same, shall be subject to the following rules: a) In the Province of Santiago and the communes of Puente Alto and San Bernardo, the amount of the subsidy will be transferred according to what the transport system requires, according to what the Ministry of Transport and the Ministry of Transport Telecommunications. The resources to ensure the financing of the public passenger paid transport system will be transferred by the Ministry to the accounts in which the system's resources are administered. (b) In the geographical areas other than the Province of Santiago and the communes of Puente Alto and San Bernardo, which have public transport services for passengers by buses, minibuses and trolleybuses, which operate within the framework of a granting of use of routes granted under Law No 18,696, or operating under a perimeter of exclusion or operating conditions or other equivalent mode, the amount of the subsidy shall be determined by means of the calculation and procedure formula to set up a regulation issued by the Minister for Transport and Telecommunications and to carry out, in addition, the signature of the Minister of Finance. The corresponding resources shall be transferred by the Ministry of Transport and Telecommunications to the concessionaires or service responsible, in accordance with the conditions laid down in the tendering bases and the respective contracts or decisions, as appropriate, who will have to incorporate the effect of the subsidy on the economic conditions and on the operation of the services, such as tariffs, quality of service, control mechanisms and others. The subsidy may also be delivered under similar conditions according to its own characteristics and existing information to the paid public transport services of passengers by means of urban railways, or the services of proximity provided by other railway undertakings, which grant free or reduced fees for students, in accordance with the rules in force. The allocation of the resources will be made to the railway undertakings which incorporate the effect of the subsidy on the tariffs. Without prejudice to the penalties laid down in the tendering bases and the respective contracts or decisions, the dealers of the routes and service providers referred to in points (a) and (b) shall only be entitled to receive money. arising from the subsidy mechanism established by this law, for the effective, correct and proper provision of the paid public passenger transport services to which they are obliged, in accordance with the above mentioned bases, contracts or resolutions. The amount of the subsidy that will eventually cease to be received by the concessionaires or providers of transport services or providers of complementary services, will not be reimbursable with any other income associated with the public transport system. The effective, correct and adequate provision of services by dealers or service providers, for these purposes, will be established by the Ministry of Transport and Telecommunications, in the form of a transfer of the resources to be made and in accordance with the parameters that the Minister of Transport and Telecommunications determines through one or more resolutions. Article 4.-In the geographical areas other than those referred to in Article 3, the persons listed below and who are at 31 December of the year preceding the delivery of the subsidy in any of the qualities referred to in the following literals shall be collected in accordance with the rules set out in this Article: (i) Beneficiaries of Article 3 (3) of Law No 18.020. (ii) Beneficiaries of Articles 2 and 4 of the Decree Law No. 150 of 1982 of the Ministry of Labor and Social Welfare, which receive the said appropriations for having income equal to or less than the maximum limit established in the Article 1 of Law No 18.987. (iii) Families registered in the social protection system "Chile Solidario". Each beneficiary shall be entitled to a subsidy only, even if it has received more than one of the benefits referred to in points (i), (ii) and (iii), the penalty provided for in the final paragraph of Article 8 (a) to which it infringes the provisions of this Article. Article DELETED THIRD INDENT. By means of one or more regulations issued by the Minister for Transport and Telecommunications, which must also be signed by the Minister of Finance, the formula for calculating the subsidy will be determined and the procedures for its delivery, including the time limit for requesting it, which may not be less than 30 days. This subsidy will be paid by the Ministry of Transport and Telecommunications. To this end, it may require the public institutions to provide the information and information to which it is responsible for the delivery of this subsidy and may conclude agreements with public and private bodies to carry out support tasks in the processing and information in respect of the subsidy referred to in this Article. However, the disputes arising from the qualification of the qualities laid down in (i), (ii) or (iii), which determine the origin of the benefit, shall be determined by the bodies responsible for providing such information. information. The b It shall not constitute remuneration or income for any legal effect and, as a result, shall not be taxable or taxable and shall not be affected at any discount. Article 5.-In the same areas referred to in Articles 3 (b) and 4 (b), subsidy resources may be allocated, on the basis of impact criteria and, or social profitability, to a Regional Transport Support Programme which will provide for a subsidies for public transport in isolated areas; a subsidy for school transport; a subsidy geared to the promotion and strengthening of public transport in rural areas; subsidies to promote public transport in rural areas; the Regions of Arica and Parinacota, Tarapaca, Aysen, Magallanes and the Chilean Antarctic, and Provinces of Palena and Chiloé, when the use of public transport is significantly smaller than the rest of the country; and other programs that promote public transport, safety or road education, which may consider the delivery of psychological or legal guidance to victims of road accidents. The 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 these purposes by the Ministry of Transport and Telecommunications and also signed by the Minister of Finance. For the purpose of the subsidy, the Ministry of Transport and Telecommunications may conclude agreements with other ministries, public services or private or public entities, with or without profit, in accordance with the current regulations. In the Regional Transport Support Programme, all advertising or dissemination activities by mass media are excluded, in accordance with the terms of Article 3 of Law No 19,896. Article 6.-The Ministry of Transport and Telecommunications and the Ministry of the Interior will provide the Special Joint Committee on Budgets of the National Congress, a quarterly report on the destination of the resources referred to in the article. 2 ° of this law from the date of the start of payment of the subsidy, without prejudice to the powers of the Comptroller General of the Republic and other audit bodies, as appropriate. In addition, the Ministry of Transport and Telecommunications shall report on a quarterly basis to the Committee on Public Works, Transport and Telecommunications of the Chamber of Deputies with regard to the state of operation of the transport system. In the case of the Commission, the Commission has taken into account the fact that, in the light of the information provided by the Commission, the Commission has taken the necessary measures to ensure that the aid is granted to the Commission. compliance with the contracts identified, supply capacity, demand measurements, times average waiting and travel, fines and discounts executed, accidents, relevant interruptions of service, modification and creation of new public transport services, frequency and regularity of public transport services, rates of tax evasion, user complaints, compliance with labour law, and requests from municipalities and local citizens ' organizations. The report shall contain all the background to the information contained therein. The Ministries of Finance and Transport and Telecommunications will have to carry out annually specialized evaluations of some of the various programs and initiatives related to Public Transport Subsidies. Any assessment, whether through surveys, application of indicators or specialised studies, shall be of a public nature. Article 7 °.-From the date of publication of this law, any change in the procedures for determining the rate of the payment of the public transport of passengers and, or in the population benefiting from these rebates or other (a) to be subject to the prior authorization of the Minister of Finance. Likewise, the administrative act which will take account of this will also have to be signed by the Minister of Finance. Likewise, any agreement or contract signed under this law, whose validity or duration is longer than three years, counted from its subscription, must be provided with the prior approval of the Minister of Finance. In any event, the procedures which may be applied, whether or not to be tender or to be used for the award of a contract, the establishment of operating conditions, the perimeters of exclusion or other equivalent arrangements, and the provision of the subsidies resulting from the application of this law, shall not constitute onerous acts of acquisition of movable property or of services that are required for the development of the functions of the Administration. TITLE II Of the penalties Article 8 °.-Persons who improperly receive the resources from the subsidy referred to in this Law, with the exception of those referred to in Article 4, may be the subject of the application by the Regional Ministerial Secretary for Transport and Telecommunications, or the Deputy Minister for Transport, as appropriate, of the sanctions mentioned below: (a) Assembly in writing. (b) partial or total suspension of the subsidy. The partial suspension may result in a reduction in the allowance of up to 80% of the amount allocated. c) Cancellation of the registration of the vehicle or service. (d) Expiry of the concession, if any. For these purposes, the perception that is made by hiding or omitting data, or by providing false data, will be undue. In addition to the penalties indicated, a fine for tax benefit may be applied, which may not be less than 5 Monthly Tax Units or exceed 1,000 Monthly Tax Units. In fixing the amount of the fine, the number of buses must be considered, as follows: (i) If the subsidy is delivered to the owner of the bus, the fine may not be less than 5 Monthly Tax Units or more than 10 Units (ii) If the subsidy is delivered to the service provider or the concessionaire, the fine shall be applied in relation to the number of buses the service provides:-Between 1 and 5 buses, it may not be less than 5 Monthly Tax Units or above 10 Monthly Tax Units. -Between 6 and 49 buses, may not be less than 10 Monthly Tax Units and not more than 100 Monthly Tax Units. -Between 50 and more buses, it may not be less than 100 Monthly Tax Units or exceed 1,000 Monthly Tax Units. The foregoing is without prejudice to the authority of the authority to weigh the background of the corresponding sanctioning process and to evaluate the application of a lower fine, in accordance with the provisions of Article 9. The penalties provided for in the preceding subparagraphs (c) and (d) may be applied only where the infringement referred to in the first subparagraph is repeated. For these purposes, it is understood that the infringement is repeated when, in the same calendar year, it is repeated twice or more. The application of the penalties provided for in the first subparagraph is without prejudice to the obligation to return fivefold the sums unduly paid and the civil and criminal liabilities which may be assigned to them. The beneficiaries of the allowance referred to in Article 4 (1), who are unduly receiving the allowance, shall be punished through the administrative and criminal channels, as appropriate. In addition, the infringer must repay the sums unduly paid, adjusted in accordance with the variation of the Consumer Price Index determined by the National Statistics Institute, between the month before that in which was received and which was granted for its refund. Article 9 °.-For the purposes of determining the penalties laid down, the following circumstances shall be considered: (a) The economic benefit obtained by reason of the infringement. (b) the intention in the commission of the infringement and the degree of participation in the act, act or omission of the offence. c) The previous conduct of the offender. Article 10.-Any sanction applied shall be based on a procedure that will be initiated with the formulation of the charges and their notification to the affected to present their defense. The deadline for submitting the discards shall be five working days. In case the affected person requests in his or her discharge probative measures, they will be given to them or they will be rejected with expression of cause. However, the probative term which may be granted cannot be more than ten working days. The rendered test will be appreciated according to the rules of healthy criticism. The decision to be taken in the final decision shall give a ruling on the claims and defences of the person concerned and, by way of a well-founded decision, apply the sanction, dismissal or absolve, as appropriate. The above statement shall be made within 30 days of the last due diligence in the file. Article 11.-Against the decision applying a sanction, it may be deducted in writing, within 5 working days of its notification, a replacement for the same authority from which the administrative act has emanated. In the same period, the application may be made in the same period. Within the following 30 working days, the requested authority shall act on the requested replacement, by means of a decision rendered to that effect. Rejected in whole or in part the replacement, shall be known from the hierarchical action subsisting. Resolved the reposi (a) the decision shall be notified in person, by way of identification or by registered letter addressed to the address of the person concerned. However, the decision to settle the replacement or the hierarchical remedy, where appropriate, by acting on the application of the penalties referred to in points (b), (c) and (d) of the first subparagraph of Article 8 or the fine referred to in the third subparagraph of the same article, will be appealed to the Court of Appeals of Santiago. The appeal shall be filed within 10 days of the date of notification of the decision. The appeal must be founded and for its aggregation to the table, view and failure, it will be governed by the rules applicable to the resource of protection. The Minister of Transport and Telecommunications will have to raise the cars to the Court within the fifth day of the appeal. The decision of the Court of Appeal will not be subject to any appeal. As not provided for in this article, the rules laid down in Law No 19,880 shall apply. TITLE III-General provisions Article 12.-The amounts collected by taxpayers who are entitled to any degree or are operated by motor vehicles for the public transport of passengers, by way of application of the mechanism of Subsidy established in this law will be considered taxable income for all legal effects, according to the provisions of article 34a of the Law on Income Tax, contained in Decree Law No. 824 of 1974. Article 13.-Create at the Personnel Plant of the Subsecretariat of Transportation, established in Law No. 19.254, a position of Head of Division, grade 2 ° of the Single Scale of Wages. Article 14.-Create a Panel of Experts, hereinafter "the Panel", which will have the following functions: a) Determine quarterly the adjustment of rates of the public transport system of the Province of Santiago and the communes of San Bernardo and Bridge Alto, required to maintain the real value of these, according to the methodology that will be established in a regulation issued through the Minister of Transport and Telecommunications, which will also be subscribed by the Minister of Finance. Such methodology shall account for changes in the costs of the public passenger paid transport system, in order not to increase the difference between costs and revenues of the system. Without prejudice to the foregoing, if the variation in costs applicable to the adjustment of tariffs exceeds a limit value, as set out in the same regulation as stated above, the Minister for Transport and Telecommunications may request the Panel of Experts the determination of an additional fee increase. (b) Propose on the basis of technical studies, modifications to the methodology referred to in the previous literal. Any modification to this methodology should have the favorable report of this Panel. c) Determine quarterly for the public transport system of the Province of Santiago and the communes of San Bernardo and Puente Alto, the level of fees that allows annually to finance the system given the amount of the subsidy to which the Article 3 (a) (a). (d) Evaluate the processes for determining the rates at the invitation to tender for the use of complementary routes and services, if any, proposed by the Ministry of Transport and Telecommunications, and inform them if they meet the criteria defined in the law. (e) to decide on other requirements of opinion or technical advice requested by the Ministry of Transport and Telecommunications, and in the required terms, in matters such as contracts for the use of routes and their services complementary, or similar instruments for the regulation of public passenger transport services, such as the exclusion perimeter governed by law No 18,696, which do not necessarily have to be confined to transport matters related to the Province of Santiago and the communes of San Bernardo and Puente Alto. (f) decide on the methodology, conditions and terms of the implementation of changes in the economic conditions and on the operation of the public passenger paid transport services referred to in Article 3 literal (b). For the proper performance of the tasks assigned to the Panel, the Ministry of Transport and Telecommunications will have the obligation to present to you all the background and projections, both operational and financial, related to the public transport system of the Province of Santiago and the communes of San Bernardo and Puente Alto. In turn, it will be obliged to inform the Panel of any event, change of contract, change of prices or parameters affecting the discharges or revenues of the public transport system, as well as to provide all the information requested by the Panel. Article 15.-Each time the Panel proposes a certain level of tariffs, it must inform the Ministry of Transport and Telecommunications, so that the latter can make its observations within the following 10 working days. Once these observations have been received, the Panel will issue a final decision on the level of tariffs, which will be binding on the Ministry of Transport and Telecommunications. The new level of tariffs must be informed to the Ministry of Transport and Telecommunications, at least 30 days before its implementation, which must be sanctioned by resolution of the Minister of Transport and Telecommunications and must be implemented by the relevant provider of complementary services within the prescribed period. The rate increases or decreases that the Panel determines should be expressed as a percentage change of all the current adult rates, and then determine each individual tariff according to the multiple of the nearest 10 pesos. The fees for school and student tickets will be determined in accordance with current regulations. However, increases or decreases in tariffs, as a result of adjustments to changes in costs as referred to in Article 14 (a), may not exceed the value of 5% in each month. As long as the subsidy referred to in the Third Transitional Article of this Law is in force, the Panel may not determine a reduction in the general level of tariffs. Without prejudice to the powers of the Panel of Experts, the Ministry of Transport and Telecommunications may modify the tariff structure on a basis, provided that the modification does not reduce the total revenue of the public transport system. Likewise, the Ministry of Transport and Telecommunications will also be able to make extraordinary increases in tariffs, which in no case will have an amount or date limit for their implementation. The Panel will have to take into account the extraordinary rate increases, as well as the changes in the tariff structure dictated by the Ministry of Transport and Telecommunications, when carrying out its analysis to determine the tariff levels. after these changes. Article 16.-The Panel of Experts will be composed of three members, who will last six years in their posts and will be appointed as follows: (a) Two of them will be appointed by the Minister of Transport and Telecommunications, each from of a third party proposed by the Council of High Public Management, with the favorable vote of four-fifths of its members. (b) A member shall be appointed by the Minister for Transport and Telecommunications, on the basis of a term proposed by the Dean of the Faculty of Engineering and the Faculties of Economics and Administration of the universities which are accredited in accordance with the provisions of Law No 20.129. The Minister for Transport and Telecommunications may reject each third party for once. To perform as a member of the Panel, it shall be required to comply with the following requirements: (i) To be in possession of a professional title of a career of at least ten semesters of duration, awarded by a university or professional institute of the State or recognized by the State, in the area of administration, management, engineering, economics, finance or legal, or of an equivalent level title in those areas awarded by a foreign university, and accredit a professional experience of at least five years. (ii) Not having been convicted or being charged with a crime that warrants a penalty or a life sentence for public office, tax or tax crimes or those referred to in law No 18.045. (iii) Not having been declared bankrupt or having been an administrator or legal representative of persons convicted of the crimes of guilty or fraudulent bankruptcy established in the Bankruptcy Act. In the event of the absence or impediment of any of the titular members, mentioned above, the Panel will be a replacement by the sole ministry of law. For the above, the Minister for Transport and Telecommunications shall designate two replacements, one in accordance with the procedure referred to in subparagraph (a), and another in accordance with the procedure referred to in the literal (b), which shall act in quality. of alternates where some of the designated holders, respectively, in subparagraphs (a) or (b) are missing. Article 17.-They shall be cause of termination in the office which are passed on to the following: (a) Expiration of the period for which he was appointed. (b) Renunciation accepted by the Minister for Transport and Telecommunications. (c) Overbearing legal capacity. d) Overcoming of some causal of inability. e) To have incurred any of the following faults in their duties as a member of the Panel: (i) Unjustified inassistance to two consecutive sessions or to four sessions in a calendar semester. With the agreement of two Panel members, an expert may request an authorization of inattendance for a period greater than that indicated in this letter, in which case it shall be replaced. (ii) Not to keep due reservation in respect of the information received in the exercise of his office that has not been officially disclosed. If a member of the Panel ceases to be in office, he shall assume as the holder the person appointed in accordance with the final paragraph of the preceding article, and shall remain in office for the time remaining to complete the period of the replacement. In this case, the Minister for Transport and Telecommunications shall appoint another replacement, as appropriate in accordance with subparagraphs (a) or (b) of the previous Article. In the case of a temporary absence of a titular member, it shall be replaced by the one who corresponds according to his or her form of appointment. Article 18.-Members of the Panel will receive a monthly diet equivalent to 30 Monthly Tax Units, as a basis, plus 20 monthly tax units for each session, not being able to receive in total more than 70 tax units monthly, considering the diet proportional to the period and the payment for attendance to sessions. In the case of a replacement, the replacement shall receive a diet proportional to the period in which he exercises his duties. Article 19.-The Panel shall meet periodically, at least once a month. The Transport Secretariat will provide administrative assistance for the operation of the Panel. To meet its obligations, the Panel will be able to entrust studies and hire consultants, which will be financed by the Ministry of Transport and Telecommunications, according to an annual budget approved for this purpose. The operation of the Panel, as well as the procedure for the decision-making within it, will be determined in a regulation that will be approved by decree of the Minister of Transport and Telecommunications, issued under the formula " President of the Republic, who will also be signed by the Finance Minister. The dictation of this decree should provide for a consultation process prior to the members of the Panel. Of the deliberations and agreements of the Panel, the records of the respective minutes and the resolutions to be issued shall be recorded. The Panel's decisions will be taken with the approval of at least two of its members. Article 20.-The Ministry of Transport and Telecommunications may propose one or more Public Transport Infrastructure Master Plans (PMITP), which must be approved by the Ministry and the Finance Ministers. Public, Housing and Urbanism, and Social Development, and the Intenders of the regions where the metropolitan areas are addressed by the PMITP or the PMITP. Each Plan will be valid for five years and can be updated, in accordance with the requirements of the public transport system. In addition, these ministers will jointly define the technical agency of the State that will be responsible for executing each work of the Plan and the body responsible for its maintenance or conservation. Its state of progress will be reported annually by the Ministry of Transport and Telecommunications to the aforementioned Ministers. The Ministry of Transport and Telecommunications will be able to build, maintain, modify, expand, repair, preserve and concessionate minor public works contained in the PMITs. For the purposes of this law, they shall be construed as minor public works: transshipment stations with or without paid areas, fishing grounds, terminals, signs of transit, demarcations and technological equipment supporting the operation of public transport and additional works required for the execution of the works identified. The Ministry of Transport and Telecommunications, within the framework of each Plan, may entrust to the technical agencies of the State the execution of works contained in it, in accordance with the provisions of Article 16 of Law No. 18,091. The Ministry of Transport and Telecommunications may acquire, install, manage, lease and operate the bus and intermodal terminals required for the provision of paid public passenger transport services and their complementary services. In addition, the Ministry of Transport and Telecommunications may establish, in the framework of a concession for the use of routes granted under Law No 18,696, a perimeter of exclusion or the establishment of operating or other conditions. equivalent form, the inclusion of tax, municipal or private premises, subject to the authorisation of their owners and the competent bodies, to be used for terminals or other buildings which are necessary for the provision of services; of paid public transport. Article 21. Where a region does not have an approved PMITP, the Ministry of Transport and Telecommunications may, in respect of minor public works, carry out the actions referred to in the second and fourth subparagraphs of the Article 20 or entrust its execution to the technical agencies of the State. The conservation of these works shall be carried out by the competent bodies in accordance with the general rules. Article 21a.-In respect of works relating to public transport which are wholly or partly carried out in municipal or private premises, a prohibition on the placing, charging and carrying out of acts and concluding contracts shall be required. on the building in which such works are carried out. The ban must be registered with the Real Estate Conservative for a period of ten years. In qualified cases, the Ministry of Transport and Telecommunications may, by means of a decision, authorize the lifting of the prohibition on this Article, provided that the use of the building is maintained for the purposes of transport. public for the time indicated. The Ministry may also require that the prohibition be re-established for the appropriate time. However, the prohibition may be lifted if the resources provided, expressed in monthly tax units, are reintegrated, plus an interest of 1% per month. This interest rate shall be calculated on the basis of the values received and up to the time of recovery. The value to be reintegrated shall be deducted from the part corresponding to the proportion of the time that the provision was actually allocated for the purposes of public transport, at the rate of one tenth per year, counted from the effective date of operation of the works. Article 22.-Amend the law N ° 18,696, as follows: (a) The following changes in Article 3 (1) are effective: (1) Eliminate the third indent, passing the current fourth indent to be third. (2) The following fourth, fifth, sixth and seventh, new points are incorporated in the following, changing the numbering of the following points, in a correlative form: " Without prejudice to the reports referred to in the preceding paragraph, the Ministry of Transport and Telecommunications, before having the use of means by means of tender in cases of congestion of roads or deterioration of the environment or of the conditions of safety of the persons or vehicles product of the vehicular circulation, must also require one or more studies produced by some technical body, recognized A career in the field of road planning and in the development and design of transport systems and business design. Such studies may be carried out by technical bodies linked to a university recognised by the State, or a public or private entity. These studies should give an opinion on the economic efficiency and the expected social impact of different tendering alternatives with regard to the base situation. In the light of the results of the studies or studies, the tendering bases for the use of complementary routes and services shall be drawn up, in case the latter are provided for in the respective process. The same studies will be required in case of a tender for use of tracks in a previously tendered area. Without prejudice to the foregoing, where the Ministry of Transport and Telecommunications provides for a tender for the use of roads in a previously non-bid area, at least one of the studies referred to in the previous subparagraph shall be carried out by a private body or university recognized by the State. The same shall be required in the case of a new tender for the use of proposed routes in a previously tendered zone or operating under the perimeter of exclusion between invitations to tender, where the essential conditions for tendering and operating procedures proposed differs significantly from the existing one. The bases of these tenders must be considered, among the factors that will be evaluated, economic and environmental criteria previously determined, according to the various alternatives and modes of transport. These criteria shall be considered, in particular, to be duly weighted for the purposes of the resolution of the abovementioned invitations to tender, environmental factors relating to noise, gaseous pollutants, order in the movement of vehicles and urban assessment. The Ministry of Transport and Telecommunications will have to open a public consultation process, open to all citizens, in which the content will be exposed. essential of the tendering bases, for a period of 45 days. All the relevant information which served as a basis for the work carried out must be available on the website of the Ministry of Transport and Telecommunications. '. (3) Substitute in the current sixth indent, which became ninth, the sentence "you may also hire directly", as follows: " you may also, on a transitional basis, hire directly, up to p or three years, without renewal, and provided that such term does not exceed the original time of the concession. " (4) Add in the current 18th indent, which became twenty-first, immediately following the end point (.), which became the following point (.), the following paragraph: " In the case of vehicles providing services under a the process of tendering for the use of roads, such power must be expressly laid down in the respective tendering bases, or, otherwise, compensation must be provided to the concession holders in order to maintain the economic balance and (a) the financing of the concession contract. '. (5) Reposition itself in the current 20th indent, which became Twenty third, the phrase "eighteenth" by, "twenty first." (b) Add the following Articles 3 ° a, 3 ° ter, 3 ° c, 3 ° quinquies and 3 ° sexies, new: " Article 3º.-Of the Postulants. Public tenders for the use of roads to provide greater public transport services may be submitted to legal persons. Natural persons, meeting the requirements and requirements laid down by the respective tendering bases, may be presented in tenders for services with other types of vehicles. To participate in the process, it will be necessary to ensure the seriousness of the proposal in the form, amount and conditions that establish the bidding bases, except in the case of individual services of passenger services. Article 3 ° ter.-From the Bases of Tender. The invitation to tender shall be made on bases defined by the Ministry of Transport and Telecommunications and shall include the transport services to be provided and additional services may be included, if appropriate. Where the provision of the service is carried out on public transport buses, the means of tendering procedures must include at least the manner in which the applications are to be made, the procedure for evaluating them and the technical requirements to be met, including the frequencies to be met, the routes in which the services will operate, the tariff regime, the required fleet, the fixed installations and other elements which, where appropriate, are necessary for the provision of services. The conditions laid down may be laid down as minimum requirements, allowing undertakings participating in the invitation to tender, within the limits laid down in the tendering bases or the rules applicable, where appropriate, to to make offers which include details or additions to the conditions of the respective invitation to tender. Article 3 ° c.-Of the Assessment. The public tender will be decided by evaluating the technically acceptable offers, attended to the main criterion to ensure the selection of those most efficient companies, which offer the lowest cost the quality of service specified in the bases. As complementary criteria, one or more of the following factors may be considered: (i) Term of concession. (ii) Payments offered by the offeror to the State, in the event that it delivers goods or rights to be used in the concession. (iii) A score obtained in the technical qualification. (iv) Fleet offered. The determination of these factors and their form of application shall be laid down in the respective tendering bases, without prejudice to the fact that they may provide for additional factors or a combination of these factors, the respective tendering process. Article 3d of the Compliance and Compliance Guarantee. The concessionaire must be the guarantee of true compliance with the contract, in the form, amount and opportunity established in the bidding bases. Article 3e.-Of The Goods Concerned With The Concession. The tendering bases and concession contracts may, if deemed relevant by the Ministry of Transport and Telecommunications, consider the goods and rights affected by the concession, which at the end of the concession must be transferred to whoever happens to the respective concession. In order to determine the continuity of the vehicles and infrastructure attached to the concession, the procedure laid down in the respective tendering bases and in the respective contracts shall be observed. " (c) Attaché, at the end of the first subparagraph of the Article 4, replacing the final point (.), by a comma (,), the following, "to the offeror offering the lowest price for the services for the technology and technical quality specified in the bidding bases." Article 23.-The proposals of the Regulations referred to in Articles 3 °; 4º; 5th, and Fourth Transitional, in the form prior to their dictation shall be informed by the Ministry of Transport and Telecommunications, by means of their electronic site, for a period of 15 days, in order to enable the parties concerned to make their views known, which will not be binding. TRANSITIONAL PROVISIONS Article 1 Transitional First.-Authorizate the Fisco to replace in its condition as debtor the Special Account of Reimbursement in the debts incurred by that account with the Inter-American Development Bank and with the Banco del Estado de Chile, which consists in the loan agreement number 1978 /OC-CH, signed between the Special Account for Reimbursement, the Financial Administrator of Transantiago S.A. and the Inter-American Development Bank, and the contract signed on 3 July January 2008, amended on 28 May of the same year, between the Special Refund Account and the Bank of the State of Chile, respectively, entitling it to pay the amounts owed by such contracts, including interest pending, to count from the date of total processing of the respective authorization and, in any case, before the end of the first The second half of 2010, from the resources consulted in the debt service program of the public treasury. However, the maximum amount of these new obligations will not exceed US$ 288,268 thousand (dollars from the United States of America), by way of capital, in the first case, and of 4,265,892 Units of Promotion, in the second. The authorization referred to in this paragraph will be materialized by one or more supreme decrees issued through the Ministry of Finance. Once the obligations referred to in the preceding paragraph have been extinguished, by the same procedure and within the same period, the President of the Republic may waive the reimbursement obligations arising from the application of Articles 2 and 11. of Law No 20,206. Copies of these decrees will be sent to the Finance Committees of the Senate and the Chamber of Deputies, within 15 days of their total processing. Second Transitional Article.-For those areas referred to in Article 3 (b) of this Law, the Minister for Transport and Telecommunications shall call on the dealers and service providers of paid public transport services to passengers to negotiation processes, intended to modify the tariffs and, or standards of service, in order to be able to incorporate the effects of the resources resulting from the application of the subsidy mechanism. The adjustments made to the tariffs will consider the actual rates charged to the public transport users as a basis and not the maximums established contractually. Additionally, rate adjustments should consider adjusting the percentage of the rate to students. The way in which the rate adjustment will be calculated shall be laid down in the Regulation referred to in Article 3 (b). The Minister for Transport and Telecommunications shall have the advice of the Panel of Experts referred to in Article 14, which shall be responsible for deciding on the methodology, conditions and terms of the negotiations referred to in Article 14. First and second points of this Article. Article 3 Transitional.-The provision, between the years 2012 and 2022, of a special contribution for the transport, connectivity and regional development, for up to $360,000,000 thousand annually, for the amount indicated in the article 2 of the present law. Also, allow an additional special contribution to the previous amount, which can be up to $120,000,000 thousands in 2015, 2016, 2017 and from $260,000,000 thousands from the year 2018 to 2022. The amount resulting from the sum of the special contribution and the additional special contribution may be readjusted in the same way as the amount established in Article 2. The amount considered in the Budget Law of each year for the application of the special contribution and additional special contribution, will be divided equally between the transport needs of the Province of Santiago and the communes of San Bernardo and Puente Alto, and the needs of transport, connectivity and development of the 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 article 3 (a) of this law, without further processing or requirement that the approval of the corresponding transfers. However, the provisions of Article 2 (1) (i) of this Law may be applied to this contribution and to the allowance provided for in Article 2 (1) (i) of this Law, and each of them may be exceeded for up to a maximum of 10%. The resources of this special contribution corresponding to the 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 article refers the fourth transitional of this law. The Panel of Experts created in Article 14 ° of this law, every two years and from the year 2014, will summon specialized entities to carry out an external evaluation study to the system of public transport paid for passengers of the Province of Santiago and the The Ministry of Transport and the Ministry of Finance and the Ministry of Finance have agreed on the basis of specific objectives agreed upon between the Ministry of Transport and Telecommunications. The above, with the general object of evaluating the operation of the system, its efficiency, its costs and the relevance and amounts of the subsidies and contributions established in this law, based on which it may propose an adjustment to the amounts of subsidy, for consideration in the discussion of the corresponding draft of the Public Sector Budget Law. The study must be submitted no later than 31 August of the respective year, and will have a public character. From the resources of the additional special contribution provided for in this article, and prior to the distribution referred to in the second subparagraph, as established in the respective Public Sector Budget law, the years 2015, 2016 and 2017 a refund equivalent to 5 monthly tax units to the owners of collective taxis that, at 31 March of the specified years are registered in the National Register of Transport Services Passengers and who remain registered in that register to the date of applying for the same. At the event that, after 31 March of each of the years mentioned in the previous paragraph, the replacement of a collective taxi in the aforementioned registration was carried out, by application of the provisions of article 73a of the decree Supreme Nº 212, 1992, of the Ministry of Transport and Telecommunications, the reimbursement will be made to the owner of the vehicle that enters the register in replacement of the one that leaves, provided that the new vehicle is with registration in force in such registration at the time of the request for reimbursement. A regulation issued by the Ministry of Transport and Telecommunications, also signed by the Minister of Finance, will determine the way to make the reimbursement effective, in which the terms, conditions, and methods of credit are established. requirements, such as the exhibition of the movement permit, certificates of technical revision and emission of gases in force, deadlines for accessing this, the timetable, procedure and method of payment, by the Service of the Treasury and other rules relevant to their correct granting. This regulation must be issued within 30 days of the publication of this law in the Official Journal. Article Fourth Transitional.-Create the Regional Support Fund for the financing of transport, connectivity and regional development initiatives, hereinafter the Fund, which will be financed by the transfers of the contributions mentioned in the Article 3 (a) of the Treaty and with the resources laid down in Article 2 (l) (ii), the amounts referred to in Articles 3 (b), 4 ° and 5 ° shall be discounted. Through one or more decrees of the Ministry of Transport and Telecommunications, also signed by the Ministers of Interior and Public Security and Finance, the operation, conditions, destination and distribution of the Fund's resources will be regulated. These decrees must establish the criteria and mechanisms for the distribution of resources between the sectoral initiatives and those of the regional governments; and the way through which, within the framework of their powers, they will prioritize and define the projects to be financed from the Fund's resources. The expenses and investments that may be made from the Fund will have the following destinations, taking into account their impact or social profitability: 1.-Large development projects, general infrastructure, transport public, modernisation, and others, which may involve more than one region and more than one budget period. These projects may include: (a) Implementation of a special programme through which the Regional Governments will be empowered to call for a process of renewal of buses, minibuses, trolleybuses and taxibuses. This process should consider the purchase of used buses, minibuses, trolleybuses and taxibuses, having to dispose of their destruction and conversion into scrap, guaranteeing their subsequent renovation by buses, minibuses, trolleybuses and lower taxibuses seniority. Without prejudice to the conversion in scrap indicated above, the Regional Governments may order the conservation of certain buses, minibuses, trolleybuses and taxibuses for the purpose of historical research or for their exhibition in museums. The Minister of Transport and Telecommunications will issue a regulation, which will also carry the signatures of the Finance and Interior and Public Security Ministers, which will establish, among other matters, the procedure and the requirements that will be required. comply with the buses, taxibuses, minibuses and trolleybuses which will be included in the programme; these shall be operational for the public transport of passengers for the last three years from the date of publication of the this law. In addition, regional governments will be able to call for programmes to modernise public transport and collective taxis, in their capacity as public transport less, aimed at incorporating less polluting technologies and improvements in public transport. security or quality aspects and efficiency for the benefit of users. These programmes shall be covered by the same regulation as before. Vehicles benefiting from the programmes referred to in this paragraph shall provide public passenger transport services for at least 48 months from the grant of the benefit. Failure to comply with this requirement, except in cases of force majeure or fortuitous cases, shall require the beneficiary to reinstate the sum received, adjusted in accordance with the variation in the determined Consumer Price Index by the National Institute of Statistics or by the institution which replaces it, between the month preceding the month in which it was received and the one preceding its refund. The refund must be completed within a period of 60 working days from the date of the establishment of the necessary non-compliance by the Sub-Secretary for Transport. b) Infrastructure for public transport and its modernization, such as the design and implementation of public transport improvement plans, investment in infrastructure for transport, or the modernization of systems management. (c) Any other investment project, other than those mentioned above, which must be found in the relevance of such investments for the region or regions. The projects referred to in subparagraphs (b) and (c) above shall comply with the rules on assessment referred to in Article 19a of Decree-Law No 1,263 of 1975 on the Financial Administration of the State, as well as with other legislation applicable in this respect. 2.-A programme to support the paid public transport of passengers by rail, which is intended to finance its economic sustainability through the financing of improvements made in technical and technical conditions. quality of service provision, among others. The rules necessary for its implementation and operation will be established in a decree issued by the Minister of Transport and Telecommunications and signed by the Minister of Finance. In the event that there are remaining resources in the Fund until two years after the end of the special contributions, they will be transferred to the Public Treasury. Article 5 Transitional.-The Ministry of Transport and Telecommunications and the Ministry of the Interior, where appropriate, shall provide, in the same manner as provided for in Article 6 of this Law, the Special Joint Committee on Budgets of the National Congress, a quarterly report of the destination of the resources referred to in the second and third transitional articles of this law, without prejudice to the powers of the Comptroller General of the Republic and other bodies fiscalizers, as appropriate. Article 6 Transitional.-The increased expenditure which the application of this law represents during the year 2009, from its publication, shall increase, in the amount resulting, the sum of the corresponding net value referred to in Article 4 of the Law Nº 20,314, and will be financed by budget reallocations and with the increase of revenues from the Public Treasury. Article 7 Transitional.-Authorizase to the Ministry of Transport and Telecommunications so that, for the only time, the benefit provided for in Article 4 (b) of this law is replaced by a bonus to be delivered directly, and in in accordance with the rules laid down in the Regulation referred to in Article 2 and in the Regulation by which the formula for the calculation of the subsidy referred to in Article 4 is determined, and only after it has been concluded for the majority of the the cities with invitation to tender to the date of publication of this law the negotiation process to which the Transitional Second Article. For the purposes of payment and settlement of disputes, the provisions of Article 4 shall be the subject of the staff of centralised and decentralised public institutions, with the exception of those referred to in the fourth indent of the Article 32 of the decree with force of law N ° 150, of the Ministry of Labour and Social Welfare, of 1982, which are entitled to the allowance referred to in this article, the payment shall be made jointly with the corresponding remuneration. To be found infringements of this Article, the penalties provided for in the final paragraph of Article 8 of this Law shall apply. Article 8 Transitional.-The reduction of the fees to be produced as a result of the delivery of the subsidy established by this law, in any case, will mean a decrease in the total amount of the remuneration received for the same day of work for workers who are employed as drivers. For these purposes, it will be understood that there is a decrease, when the worker receives a lower amount for remuneration than that which he would have perceived prior to the existence and delivery of the subsidies established in this law. However, the parties may agree to changes in the components of the remuneration in order to prevent the reduction in tariffs from adversely affecting the remuneration. Transitional Article 9-For the purpose of establishing a graduality in the change of the members of the Panel of Experts, the experts appointed for the first time pursuant to Article 16 of this Law shall be for the period specified below. The report said that one of the experts appointed for the first time by the Minister of Transport and Telecommunications, starting from a term proposed by the Council of High Public Management, will last for six years and the other two years. The third member appointed by the Minister of Transport and Telecommunications, from a third party proposed by the Dean of the Faculty of Engineering and the Faculties of Economics and Administration of the universities that are In accordance with the provisions of Law No 20.129, it shall last four years. In all cases, the deadline will be counted since the three members of the first Panel of Experts, in accordance with this law and on the date established by the Minister of Transport and Telecommunications, assume their positions. On that date, the replacement of the Panel of Experts shall also be designated in accordance with the procedure laid down in Article 16 of this Law. Article 10 Transitional.-Without prejudice to Article 14 of this Law, until the year 2022, the Panel of Experts referred to in that article shall determine, for the public transport system of the Province of Santiago and of the communes of San Bernardo and Puente Alto, the level of rates so that their evolution is consistent with the amount of the special contribution and the permanent allowance mentioned in the Third Transitional articles and 2 ° of this law. Article 11 Transitional.-The rate adjustment mechanism contemplated for the Transport System of the Province of Santiago and communes of Puente Alto and San Bernardo in effect to the date of publication of this law, will be suspended with the application of this. However, such suspension in any event includes the readjustment mechanisms provided for in Article 14 of this Law. Article 12 Transitional.-All invitations to tender for use of routes which are carried out after this law in those routes which, at the entry into force of this law, have been the subject of a prior bidding process, shall include: in the following tendering process, as referred to in Article 3 of Law No 18,696 and its amendments, that at least one of the studies referred to in that Article must be carried out by a private body or university recognized by the State. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 1 September 2009.-MICHELLE BACHELET, President of the Republic.-René Cortazar Sanz, Minister of Transport and Telecommunications.-Andres Velasco Branes, Minister of Finance.-Patricia Poblete Bennett, Minister of Housing and Urbanism.-Sergio Bitar Chacra, Minister of Public Works.-Paula Quintana Melendez, Minister of Planning.-Edmundo Pérez Yoma, Minister of the Interior. What I transcribe to you for your knowledge.-Salutes intently to Ud., Alvaro Henriquez Aguirre, Assistant Secretary for Transport (S).