2000 ACT 632

(December 29)

Official Journal No 44.275 of 29 December 2000

COLOMBIA CONGRESS

by which Laws 142, 143 of 1994, 223 of 1995 and 286 of 1996 are partially modified.

DECRETA:

ARTICLE 1o. The numeral 24 of article 14 of Law 142 of 1994, will remain as follows:

" 14.24 Aseo Public Service. It is the municipal waste collection service, mainly solid. This law will also apply to the complementary activities of transport, treatment, use and final disposal of such waste.

Also includes, among others, complementary activities of lawn cutting and pruning of trees located in the public roads and areas, washing of these areas, transfer, treatment and use.

ARTICLE 2o. SUBSIDIES AND CONTRIBUTIONS FOR AQUEDUCT, SEWERAGE AND GROOMING SERVICES. The providers of these services must reach the limits set out in Article 99-6 of Law 142 of 1994, in the field of subsidies, in the period, conditions and speed it establishes, before 28 February 2001, the Commission for the Regulation of Drinking Water and Basic Sanitation. In any event, the transitional period may not exceed 31 December 2005 or the dismount of the subsidies in an annual proportion of less than one fifth of the total amount necessary.

In any case, once the transition period here has been exceeded, the maximum subsidy factors set out in Law 142 of 1994 cannot be exceeded.

For the providers of these services, the factor referred to in Article 89-1 of Law 142 of 1994 shall be adjusted to the percentage required to ensure that the amount of the contributions is sufficient to cover the allowances to be applied, in accordance with the limits laid down in that law, and the balance maintained. The lending institutions will allocate resources from the application of this factor for subsidies to users who are cared for by the entity, within its scope of operations. The National Government shall establish the methodology for determining such a balance.

ARTICLE 3o. SUBSIDY REGIME FOR THE PUBLIC ELECTRIC POWER SERVICE. You may continue to apply subsidies within the limits set forth in Laws 142 and 143 of 1994, a has passed the transition period here.

The transition period for companies that provide the public electric power service in the national interconnected system, reach the limits set in Laws 142 and 143 1994 in respect of subsidies, may not exceed 31 December 2001.

The time limit for public service providers of electrical energy in non-interconnected areas to reach the limits set for subsidies may not exceed 31 December 2003.

The Energy and Gas Regulatory Commission will establish the graduality with which these limits will be reached.

ARTICLE 4. USE OF SURPLUSES FROM THE SOLIDARITY FUND FOR SUBSIDIES AND INCOME REDISTRIBUTION-ELECTRICITY AND NATURAL GAS DISTRIBUTED BY PHYSICAL NETWORK. The surpluses presented in the Solidarity Fund for subsidies and redistribution of revenue from the electricity sector, after covering the deficit validated since 1. From January 1998, they will be used to finance rural electrification works, including the cost of connecting and measuring the user.

Surpluses that are presented in the Solidarity Fund for subsidies and income redistribution of the natural gas sector distributed by physical network, after covering the deficit validated since the 1st. From January 1997, they will be used to finance programs that will increase their coverage in strata 1, 2 and 3, including the connection and measurement of the user.

ARTICLE 5o. RESOURCE MANAGEMENT OF THE SOLIDARITY FUND FOR SUBSIDIES AND INCOME REDISTRIBUTION-ELECTRICITY AND NATURAL GAS SECTORS DISTRIBUTED BY PHYSICAL NETWORK. The resources of the Solidarity Fund for subsidies and income redistribution- Electric and Natural Gas sectors distributed by physical network, can be managed by fiducia or by directly hiring its management with a public financial fund with faculty to do so.

ARTICLE 6o. ACCOUNTING FOR SOLIDARITY CONTRIBUTIONS FROM ENERGY AND GAS COMPANIES. The solidarity contributions regulated in Laws 142 and 143 of 1994, 223 from 1995 and 286 from 1996, will be accounted for by the amount invoiced by the companies.

The amounts invoiced from the solidarity contribution that apply to subsidies and cannot be collected, can be reconciled against new contributions six (6) months after invoiced. If the collection is subsequently produced, they must be counted as a new contribution.

We will not be able to turn resources to pay subsidies with resources from the General Budget of the Nation or from the "Solidarity Fund for Subsidies and Redistribution of Income" to those companies that do not submit the information in the terms and the opportunity indicated in the regulation that for this effect the Ministry of Mines and Energy will issue.

If the calculation of the surplus reported by a company is lower than the surplus estimated by the Ministry of Mines and Energy, it will initially be turned to companies that present a deficit in the same territorial zone or the Solidarity Fund. Redistribution of Income, as the case may be, the amount of the surplus estimated by the company. If, within three (3) months, from the date on which the order of turn was issued by the Ministry of Mines and Energy, the company has not, in the opinion of the company, justified the difference between the Ministry's estimates and the It will have to turn to companies in the same territorial zone or to the Solidarity and Revenue Redistribution Fund, the amount of the difference between the first turn realized and the estimated value of the Ministry of Mines and Energy as surplus, with the current interest generated up to the date of the turnaround.

ARTICLE 7o. Article 89-8 of Law 142 of 1994 will remain so:

" Article 89-8. In the event that the 'Solidarity and Redistribution of Income Funds' are not enough to cover all the necessary subsidies, the difference will be covered with other resources from the budgets of the entities of the order. municipal, district, departmental or national ".

ARTICLE 8o. SUBSISTENCE CONSUMPTION. The Ministry of Mines and Energy, through the Mining-Energy Planning Unit, will determine for the electrical and natural gas sectors distributed by physical network, which is understood by subsistence consumption, as well as the transition period in which it should be adjusted.

ARTICLE 9o. SCHEMES FOR THE PROVISION OF PUBLIC TOILET FACILITIES. 66 of Law 1537 of 2012 >

ARTICLE 10. VALIDITY AND REPEAL. This law governs from its enactment and repeals all provisions that are contrary to it.

MARIO URIBE ESCOBAR

The President of the honorable Senate of the Republic

MANUEL ENRIQUEZ ROSERO

The Secretary General of the honorable Senate of the Republic

BASILIO VILLAMIZAR TRUJILLO

The President of the Honourable House of Representatives

ANGELINO LIZANO RIVERA

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY

Dada en Bogotá, D. C., at 29 December 2000

ANDRES PASTRANA ARANGO

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit

AUGUSTO RAMIREZ OCAMPO

The Minister of Economic Development

CARLOS CABALLERO ARGAEZ

The Minister of Mines and Energy