Key Benefits:
LAW 689 OF 2001
(August 28)
Official Journal No. 44.537, August 31, 2001
by which Law 142 of 1994 is partially modified.
COLOMBIA CONGRESS
DECRETA:
SPECIAL DEFINITIONS.
ARTICLE 1o. Modify the numerals 15 and 24 of article 14 of Law 142 of 1994, which will remain so:
"Article 14. Definitions.
14.15 Independent marginal producer or for particular use. It is the natural or legal person who, using own resources and technically accepted by the regulations in force for each service, produces goods or services of the object of the utilities for themselves or for a (a) customers who are directly linked to it or to their partners or members or as a by-product of another main activity.
14.24 Public toilet 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.
It also includes, among other things, the complementary activities of lawn cutting and pruning of trees located on the roads and public areas; of washing these areas, transfer, treatment and use. "
ARTICLE 2o. Modifies the numeral 20 of article 14 of Law 142 of 1994 which will remain so:
"14.20 Utilities. They are all services and activities that are complementary to this law."
COMPANIES ' ACTS AND CONTRACTS REGIME.
GENERAL RULES.
ARTICLE 3o. Modify article 31 of Law 142 of 1994 which will remain so:
"Article 31. Hiring Regime. Contracts to be concluded by the State entities providing the public services referred to in this Law shall not be subject to the provisions of the General Staff Regulations of Public Administration, except in so far as this law You have something else.
The Regulatory Commissions may make the inclusion, in certain types of contracts of any utility, of exorbitant clauses mandatory and they may be able, after express consultation by the service companies (a) public households, which are included in the other. Where inclusion is mandatory, all provisions relating to such clauses shall be governed, as appropriate, by the provisions of Law 80 of 1993, and the acts and contracts in which such clauses are used and/or those powers are exercised shall be subject to control of administrative litigation jurisdiction. The Regulatory Commissions will have 15 (15) days to respond to requests raised by public service companies on the inclusion of the exceptional clauses in the respective contracts. term will operate the positive administrative silence.
PARAGRAFO. Contracts to be concluded between the territorial authorities and the public service undertakings in order to ensure that the latter assume the benefit of one or more of the local public services, or that replace in the provision to another that between in cause of dissolution or liquidation, will be governed for all its effects by the General Staff Regulations of the Public Administration, in any case the selection will always have to be carried out public tender, in accordance with Law 80 of 1993 ".
SPECIAL CONTRACTS FOR PUBLIC SERVICE MANAGEMENT.
ARTICLE 4o. The paragraph of article 39 of Law 142 of 1994, will remain as follows:
" Paragraph. Except for contracts that deal with the paragraph of Article 39 and the numeral 39.1 of this law, all those referred to in this Article shall be governed by the private law.
Those who contemplate numerals 39.1, 39.2 and 39.3 may not be assigned to any title, nor may they be given as collateral, nor be the subject of any other contract, without prior and express approval of the other party.
When any of the contracts to which this chapter refers allow the contractor to charge fees to the public, which are subject to regulation, the proposer must include in his offer the tariff formula that he would apply. "
OTHER PROVISIONS.
OF MANAGEMENT CONTROL AND RESULTS.
ARTICLE 5o. Modify the article 50 of Law 142 of 1994 which will remain so:
" Article 50. Tax control on State-owned direct service companies. Within three (3) months of the issuance of this law, the Comptroller General de la República will issue the general regulation on the single system of tax control in the public service companies with the participation of the State, to which the departmental contralories must be submitted, district and municipal. Failure to comply with this regulation will be a cause of misconduct for departmental, district and municipal contractors. The control of public service companies with state participation exercise on the contributions and the acts or contracts which deal with the State's efforts in its capacity as a shareholder. For compliance with this function, the competent Comptroller will have access exclusively to the documents that at the end of each financial year the company makes available shareholder in the terms of the Trading Code for the approval of the relevant financial.
Therefore, the control will be exercised over the documentation supporting the acts and contracts entered into by the state shareholder or partner and not on the home utilities company. For reasons of efficiency, the Comptroller General of the Republic may accumulate in his office the functions of the other contralories, in a prevalent manner, by a reasoned administrative act, issued subject to strict application of the scope of this Article and the law of tax control in those events where at least one of the partners or shareholders is subject to their control".
ARTICLE 6o. Amend article 51 of Law 142 of 1994, which will remain so:
"Article 51. External audit. Regardless of internal control, all Public Service Companies are required to contract an external audit of management and permanent results with people Specialised private persons. When a Public Service Company wants to change its external auditors, it must request permission from the Superintendence, informing it of the causes that led to this decision. The Superintendence may deny the application by means of a reasoned decision.
However, when the term of the contract is due, companies may determine whether they extend it or initiate a new process of selecting the contractor, which will inform the Superintendence in advance.
The Superintendent of Public Services may, each quarter, request the Public Service Company for reports on the management of the external auditor, and in the event of finding that the latter does not comply with its functions, may recommend to the company for removal.
The external audit will take into account both the interests of the company and its partners and the benefit that the users actually receive and, consequently, it is obliged to inform the Superintendence of the situations they put in risk the financial viability of a company, the failures that they encounter in internal control, and in general, the assessment assessments of the management of the company. In any case, they shall also produce, at least once a year, an assessment of the management of the lending institution.
PARAGRAFO 1o. Public Service Companies will celebrate external audit management and results contracts with private legal persons specializing in minimum periods of one year.
You will not be required to contract external audit of management and results, the following local public service providers:
a) At the discretion of the Superintendence, the official entities that provide the public services that is covered by Law 142 of 1994, if they demonstrate that the fiscal and internal control of the object is fully satisfied with the requirements of an efficient control. Regulatory commissions will generally define methodologies for determining cases in which official entities do not require an external audit;
(b) Utilities that serve less than two thousand five hundred (2,500) users;
(c) Natural or legal persons who produce for themselves the goods and services themselves of the object of the utilities;
(d) Public utility companies operating exclusively in one of the municipalities classified as minors under the law or in rural areas;
e) The organizations authorized to treat article 15 number 15.4 of Act 142 of 1994 for the provision of public services;
f) The marginal service producers.
PARAGRAFO 2o. In minor municipalities of category 5 and 6 in accordance with Law 136 of 1994 (Municipal Regime), which are direct providers of a public service, the external audit functions will be in the head of the Head of the Office of Internal Control of the municipality.
PARAGRAFO 3o. The Superintendence shall grant or deny, by means of a reasoned resolution, the permit referred to in this Article. "
ARTICLE 7o. Amend article 52 of Law 142 of 1994, which will remain so:
" Article 52. Concept of management control and results. The management and results control is a process, which within the strategic planning guidelines, seeks to make the goals congruent with the forecasts.
The regulatory commissions will define the criteria, methodologies, indicators, parameters and models of mandatory character that allow the evaluation of the management and results of the lending institutions. They shall also establish methodologies for classifying public service providers, in accordance with the level of risk, characteristics and conditions, for the purpose of determining which of them require an inspection and special or detailed surveillance by the Superintendence of Public Services. For the design of this methodology, the regulatory commissions shall have a term of one year counted from the time of this law.
The Superintendence of Public Services domiciled must adopt the respective classification categories that establish the regulatory commissions and classify the public services persons subject to their control, inspection and surveillance within six (6) months following the issue of the classification by each of the regulatory committees.
PARAGRAFO. Public Service Companies must have a short, medium, and long-term management plan and results that serve as the basis for the control that is exercised over them. This plan shall be evaluated and updated annually on the basis of the essential basis as defined by the regulatory committees in accordance with the previous subparagraph. "
LIQUIDATION OF UTILITIES.
ARTICLE 8o. Modify article 60 of Law 142 of 1994, which will remain so:
" Article 60. Effects of the takeover. As a result of the takeover, the following effects will occur:
1. The Superintendent when taking possession may enter into a loyalty contract, under which an entity would be entrusted with the management of the company in a temporary manner.
2. Where the takeover has as a cause circumstances attributable to the managers or shareholders of the company, the Superintendent shall define a reasonable time to overcome the problems that gave rise to the measure. If the situation has not been resolved, the Superintendent will order the liquidation of the company.
3. If it is found that the company has lost any part of its capital, prior to the concept of the respective Regulatory Commission, the Superintendent will be able to order the simply nominal reduction of the social capital, which will be done without the need of appeal to their assembly or to the acceptance of the creditors.
PARAGRAFO. The Superintendent, upon taking possession, may designate or hire a person to be entrusted with the management of the business on a temporary basis. "
ARTICLE 9o. Add the following paragraph to Article 61 of Law 142 of 1994:
PARAGRAFO. By ordering the liquidation of a utility company in the municipal order that provides the service in a monopolistic manner, the Superintendent of Public Services will set a reasonable period of time, which in all Case shall not exceed six (6) months, in order for the mayor of the respective municipality to grant, by contract and after completion of the procedures laid down for public tenders, the provision of the corresponding service to another undertaking.
If the mayor does not hold the respective contract within the fixed term, the Superintendent of Public Services shall set an additional period of four (4) months for the Governor to award the service, by contract and prior to the completion of the procedures laid down for public tenders.
In the event that the Governor does not award, the Superintendent shall award the service for as long as it deems necessary, by contract and after completion of the procedures laid down for the tenders public.
In any event, the award made by the Mayor, the Governor or the Superintendent shall include the establishment of the necessary easements for all the goods affected by the service which are the property of the municipality. "
REGULATING STATE CONTROL AND MONITORING IN PUBLIC SERVICES.
SOCIAL CONTROL OF HOME PUBLIC SERVICES.
ARTICLE 10. Modify article 62 of Law 142 of 1994 which will remain so:
"Article 62. Organization. Under the development of article 369 of the Political Constitution of Colombia, in all municipalities there shall be" Development Committees and Social control of the Public Services " composed of users, subscribers or potential subscribers of one (1) or more of the public services to which this law refers, without the exercise of their functions fees.
The initiative for the conformation of the committees corresponds to the users, subscribers or potential subscribers. The minimum number of members of the committees shall be that of dividing the population of the respective municipality or district by ten thousand (10,000), but shall not be less than fifty (50). For the Capital District the minimum number will be two hundred (200).
To be a member of a "Development and Social Control Committee", it is required to be a user, subscriber or potential subscriber of the respective home public service to be monitored, which will be credited to the assembly of the constitution of the corresponding committee, with the last receipt of recovery, or in the case of potential subscribers, with the application duly established in the undertaking concerned or with a residence certificate issued by the competent authority for the case of users when they do not have receipt. Likewise, it is necessary to have attended and appear in the list of assistants of the assembly of the constitution of the committee or any of the successive assemblies of users.
The participation of a user, subscriber or potential subscriber in all assemblies and deliberations of a "Development and Social Control Committee" will be personal and inselectable.
The committees will be given their own rules and will meet on the day, place and time agreed by their members according to the record signed by the assistants that should be kept in the minutes of the meeting; the term of the committee members will be two (2) years, but they will be able to continue performing their duties while renewing.
Once a committee has been established, it is the duty of the municipal authorities and the public service companies to whom it applies to be recognized as such, for which, among other things, the same user will be verified, A potential subscriber or subscriber does not belong to more than one Committee of the same public service. It will be a cause of misconduct for municipal mayors and officials of the lending companies, not to recognize them within the terms defined in article 158 of Law 142 of 1994; likewise, The term shall be understood to mean that the committee has been registered and recognized.
Each of the committees shall elect among its members for a term a "control vowel", who shall act as the representative of the committee to the public service provider to be monitored by the organization, to the entities The Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Right, the Committee of the European Right,
the Committee of the European Right.The control vowels period will be two (2) years, but they will be able to continue in exercise of their functions until no new election is made.
The constitution of the committees and the elections of their boards of directors may be challenged before the Person of the municipality where they are held. The decisions of this will be appealed to the Superintendence of Public Services.
In the elections referred to in this Article, it shall be a cause of misconduct for any public servant and in general for any official of a person who is a person of one or more of the public services to which the This law, to hinder or delay the election, to restrict the freedom of the electors or to intervene in any way in favor or against the candidates.
It will be up to the mayor of each municipality or district to ensure the conformation of the committees, who will guarantee that three (3) months counted from the entry into force of this law exists in his municipality, at least, a committee.
PARAGRAFO. In municipalities where public service providers serve less than two thousand five hundred (2,500) users, a single development and social control committee may be established for all services. "
ARTICLE 11. Modify Article 66 of Law 142 of 1994, which will remain so:
" Article 66. Incompatibilities and inabilities. People who fulfill the function of control vowels of the social development and control committees, their spouses or permanent partners, and their relatives within the second degree of consanguinity, first of affinity or only civil, as well as those who are its partners in people's societies, will not be able to be partners or to participate in the administration of the Public Service Companies that monitor, or hire with they, with the commission or regulatory committees responsible for the service or the Local public services that monitor, or with the Superintendence of Public Services, for the period of performance of their duties and one more year.
The edités, councilors, deputies and congressmen will not be able to be elected members of control of the Social Development and Control Committees.
The conclusion of public service contracts or, in general, those that are held on equal terms with those who request them, do not give rise to these inabilities and incompatibilities. "
FROM THE SUPERINTENDENCE OF HOME PUBLIC SERVICES.
ARTICLE 12. Modify article 77 of Law 142 of 1994, which will remain so:
" Article 77. Direction of the Superintendence. The direction and legal representation of the Superintendence of Public Services Addresses corresponds to the Superintendent of Public Services. The latter will perform its specific functions of control, inspection and surveillance independently of the Regulatory Commissions of the local public services and with the immediate collaboration of the Superintendents Delegates. The Superintendent will be free to appoint and remove the President of the Republic. The Superintendent of Public Services is the first technical and administrative authority in the field of control, inspection and surveillance of the home public services, their complementary and inherent activities.
PARAGRAFO. The Delegates Superintendents shall be free to appoint and remove by the Superintendent of Public Services. "
ARTICLE 13. Modify Article 79 of Law 142 of 1994, which will remain so:
" Article 79. Superintendence functions. Public service providers and those who, in general, perform activities that make them subject to the application of Laws 142 and 143 of 1994, will be subjects to the control and surveillance of the Superintendence of Public Services. These are functions of the following:
1. To monitor and control compliance with laws and administrative acts to which public services are subject, as soon as compliance is directly and immediately affected by certain users; and to punish their violations, provided that this function is not the competence of another authority.
2. To monitor and control the performance of contracts between utilities and users, and to support the work carried out by the "municipal development and social control committees of public services". addresses "; and sanction their violations.
3. To give concepts, not obligatory, at the request of interested parties, on the fulfillment of the contracts related to the services to which this law refers; and to make, at the request of all the interested, designations of persons that can collaborate in the best provision of public services or in the settlement of disputes that may have an impact on their timely delivery, coverage or quality.
4. Establish the uniform information and accounting systems to be applied by those who provide public services, depending on the nature of the service and the amount of their assets, and subject to the principles of accounting generally accepted.
5. To define by general the rates of the contributions referred to in Article 85 of Law 142 of 1994, to liquidate and to charge each taxpayer what corresponds to it.
6. Give concept to the Regulatory Commissions and the ministries on the measures to be studied in relation to public services.
7. Keep an eye on the budget subsidies that the Nation, the departments and the municipalities allocate to people with lower incomes, are used in the form provided for in the relevant rules.
8. Request documents, including accounting records; and practice the visits, inspections and tests that are necessary for the performance of their duties.
9. Keep an up-to-date record of the entities that provide the public services.
10. To take possession of utility companies, in cases and for the purposes contemplated by article 59 of Law 142 of 1994 and the concordant provisions.
11. Assess the financial, technical and administrative management of public service providers subject to their control, inspection and surveillance, in accordance with the indicators defined by the Regulatory Commissions; publish their assessments and provide, in a timely manner, all available information to those wishing to make independent assessments. The Superintendent may agree with companies that seriously threaten the continuous and efficient delivery of a service, management programs.
12. To award the persons who initiated, promoted or collaborated in an administrative procedure, which is aimed at correcting violations of the rules in particular with regard to public services, a part of the fines to which the number 81.2 of article 81 of Law 142 of 1994, in order to protect them for the time, effort and expenses and costs incurred or for the damages caused to them. The respective decisions may be consulted by the Commission on the Regulation of the public service concerned. This award shall be compulsory where the violation has been the misuse or negligence of the utility bills, and the person who initiated or collaborated in the proceedings has been the injured party.
13. To verify that the works, equipment and procedures of the companies comply with the technical requirements that the ministries have indicated.
14. To define by general the information that companies must provide at no cost to the public; and to point out in particular the values that people have to pay for the special information they ask the utilities, if there is no agreement between the applicant and the company.
15. Organize all necessary administrative services for the operation of the Superintendence of Public Services.
16. Note, in accordance with the Constitution and the law, the requirements and conditions for users to request and obtain complete, accurate and timely information on all direct or indirect activities and operations that are carried out for the provision of public services, as long as it is not information classified as secret or reserved by law.
17. In the terms provided for in the paragraph of article 16 of Law 142 of 1994, determine whether the alternative proposed by the marginal service producers does not cause harm to the community, when there is public services available for aqueduct and basic sanitation.
18. Monitor compliance with the control balance, in the terms of article 45 of Law 142 of 1994.
19. Ensure the progressive incorporation and implementation of internal control in persons providing public services under their control, inspection and surveillance. To this end, it shall monitor compliance with the criteria, assessments, indicators and models defined by the Regulatory Commissions, and may be supported by other official or private entities.
20. Ensure that persons providing public services under their control, inspection and surveillance are engaged in a permanent external audit with specialised private persons.
21. To grant or deny, by means of a reasoned resolution, the permit referred to in Article 51 of Law 142 of 1994.
22. To verify the consistency and quality of the information used as a basis for the ongoing assessment of the management and results of persons providing public services under their control, inspection and surveillance, as well as information from the public service provider that is contained in the Single Public Service Information System.
23. To request external auditors the information necessary to support their role of control, inspection and surveillance and to assess the management and results of public service providers, in accordance with the criteria, characteristics, indicators and models that define the Regulatory Commissions in accordance with the provisions of Article 52 of Law 142 of 1994.
24. Exempt entities that provide public services subject to their control, inspection and surveillance, to contract the external audit with private persons specialized in the form and conditions provided for in this law.
25. Punish companies that do not respond in a timely and appropriate manner to user complaints.
26. Transfer to the National Department of Planning of the notification made by the developing mayors of the provisions of article 101.3 of Law 142 of 1994.
27. Ask the competent authorities, at the inauguration event, to declare the expiration of the concession contracts, in the terms of article 121 of Law 142 of 1994.
28. Designate or hire the liquidator of utility companies.
29. Resolve the appeal appeals that are brought by users as set out in article 159 of Act 142 of 1994.
30. Issue the concept referred to in article 63 of Law 143 of 1994.
31. You may order in the administrative act to resolve the appeal that you are dealing with Articles 154 and 159 of Law 142 of 1994, the return of the money that a utility company has no fair cause to a user, within fifteen (15) days of the communication of the respective decision.
32. To bring forward investigations by unfair competition and restrictive practices of the competition of public service providers and to impose the respective penalties, in accordance with Article 34 of Act 142 of 1994.
33. All others who assign the law to you.
PARAGRAFO 1o. In no case, the Superintendent may require that no act or contract of a utility be submitted for prior approval. The Superintendent may, but is not obliged, to visit the companies that are subject to his supervision, or to ask for information, but when there is a special reason for him.
The Superintendence of Public Services will also exercise the functions of control, inspection and surveillance contained in Law 142 of 1994, in all matters relating to national and international long-distance service.
Except in the case of the functions referred to in numerals 3, 4 and 14 of this Article, the Superintendent and his/her delegates shall not produce acts of a general nature to create obligations for those subject to their supervision.
PARAGRAFO 2o. Functions of the Public Service Superintendent. The following are the functions of the Superintendent of Public Services:
1. Approve the studies referred to in article 6.3 of Law 142 of 1994, in the terms and with the scope provided for in that article.
2. To punish, in defense of the users and to protect the health and welfare of the community, the mayors and administrators of those municipalities that provide directly one or more public services when they fail to comply with the quality standards that the Regulation fees generally require, or when they suspend the payment of their obligations, or when they lack adequate accounting or, when they seriously violate the obligations that they contain.
3. Make recommendations to the Regulatory Committees regarding the regulation and promotion of the balance of control mechanisms, and in terms of the basis for the evaluation of the management and results of the people public services subject to their control, inspection and surveillance.
4. Assist, with a voice, the Regulatory Commissions, and delegate assistance only to the Delegates Superintendents.
5. Advance the investigations, when the Regulatory Commissions request it in the terms of article 73.18 of Law 142 of 1994, and impose the sanctions of its jurisdiction. In this case the Superintendent shall inform the Commission of Regulation on the status and progress of such investigations, when they so request.
6. Authorize, in accordance with the law, the delegation of some functions in other administrative authorities of the departmental or municipal order, or the conclusion of contracts with other public or private entities for the best performance of they.
7. Impose sanctions on those who violate the rules to which they must be subject, in the terms of Articles 81 of Law 142 of 1994 and 43 of Law 143 of 1994. "
ARTICLE 14. Add the following new article to Act 142 of 1994.
" New Article . From the single information system. Corresponds to the Superintendence of Public Services, in development of its inspection functions and monitoring, establishing, managing, maintaining and operating a system of information that will arise from the information coming from the public service providers subject to their control, inspection and surveillance, so that their presentation to the public will be reliable, as set out in the article 53 of Law 142 of 1994.
The information system that will develop the Superintendence of Public Services will be unique for each of the public services, inherent activities and complementary activities of the Law 142 and 143 of 1994, and will have as purposes:
1. Avoid duplicity of functions in relation to information relating to public services.
2. Serve as a basis for the Superintendence of Public Services in the performance of its control, inspection and surveillance functions.
3. Support the functions to be developed by agents or persons responsible for internal control, fiscal control, social control, tax review and external audit.
4. Support the functions assigned to the Regulatory Commissions.
5. To serve as a basis for the functions assigned to the Ministries and other authorities which have powers in the public services sector covered by Laws 142 and 143 of 1994.
6. To facilitate the exercise of the right of users to obtain complete, accurate and timely information on all direct or indirect activities and operations carried out for the provision of public services, in accordance with the established in article 9.4 of Law 142 of 1994.
7. To support the tasks of the social development and control committees of the public services, in accordance with the provisions of article 80.1 of Law 142 of 1994, and to serve as technical support to the functions of the departments, districts and municipalities in their functions to promote the participation of the community in the monitoring of public services.
8. Maintain an up-to-date register of persons providing public services under the control, inspection and surveillance of the Public Service Superintendence.
PARAGRAFO 1o. The information systems to be organized and kept up to date by persons providing public services under the control, inspection and surveillance of the Superintendence of Public Services According to the provisions of Article 53 of Law 142 of 1994, they must serve as the basis of information and be consistent with the Single System of Information referred to in this Article. "
ARTICLE 15. Add the following new article to Act 142 of 1994.
" New Article. The unique information format. The Public Service Superintendence will develop the Single Information Format that will serve as the basis for the power of the Unique Information System, for which you will consider:
1. The criteria, characteristics, indicators and models of mandatory nature that allow the evaluation of the management and results of public service providers subject to the control, inspection and surveillance of the Superintendence of Public Services, to define the Regulatory Commissions in accordance with the provisions of Article 52 of Law 142 of 1994.
2. The needs and information requirements of the Regulatory Commissions.
3. The needs and information requirements of the ministries and other authorities that have competence in the public services sector, which are dealt with by Laws 142 and 143 of 1994.
4. The type of public service and the characteristics indicated by the Regulatory Commissions for each public service provider subject to the control, inspection and surveillance of the Superintendence of Public Services, as established in the Article 52 of Law 142 of 1994 and this decree.
PARAGRAFO 1o. The Superintendence of Public Services will elaborate the Single Form of Information that this article deals with within the year following the current law, prior to the Ministry of Public Services. Economic Development, Mines and Energy and Communications and the Commissions for the Regulation of Drinking Water and Basic Sanitation, Energy and Gas and Telecommunications, for their respective competencies.
PARAGRAFO 2o. The Single Information Format will be updated in accordance with the objectives assigned by the Constitution and the law to the Superintendence of Public Services, and according to the needs of the ministries and the Regulatory Commissions, for which the concept of what the previous paragraph deals with should be obtained. "
THE TARIFF REGIME OF UTILITIES.
SOCIOECONOMIC STRATIFICATION.
ARTICLE 16. Add a paragraph to article 102 of Law 142 of 1994 which will remain so:
Article 102. Strata and methodology. Residential buildings will be classified maximum in six (6) socioeconomic strata (1, low-down; 2, low; 3, medium-down; 4, medium; 5, medium-alto; 6, high) depending on the characteristics (a) special attention is paid to the implementation of the stratification methodologies for which this law is dealt with.
To this effect, the methodologies that the National Planning Department will be used will be used, which must be provided directly to the mayors with six (6) months in advance of the dates provided for by this law for the adoption of urban stratification and rural village centres, and three (3) months in advance of the adoption of the stratification of rural and rural scattered estates. These methodologies shall contain the variables, factors, weights, and statistical method, taking into account the provision of local public services. No urban residential area without the provision of at least two (2) basic public direct services may be classified in a stratum higher than four (4).
The indigenous settlements located in the rural area will receive special treatment in terms of subsidies and contributions, depending on their classification according to socioeconomic and cultural conditions. National Planning Department no later than twelve (12) months counted from the time of this law. "
ARTICLE 17. Modify Article 104 of Law 142 of 1994 which will remain so:
" Article 104. User resources. Any person or group of persons may request in writing the review of the urban or rural stratum to be assigned to them. The complaints will be addressed and resolved in the first instance by the municipal mayor's office, in a term not exceeding two (2) months, and the appeals will be filed with the Permanent Committee of Stratification of its municipality or district. to resolve it in a term not exceeding two (2) months. In both cases, if the competent authority is not pronounced within two (2) months, it shall operate the positive administrative silence. "
THE PUBLIC SERVICES CONTRACT.
NATURE AND CHARACTERISTICS OF THE CONTRACT.
ARTICLE 18. Modify Article 130 of Law 142 of 1994, which will remain so:
" Article 130. Parts of the contract. The public service company, the subscriber, and/or user are parties to the contract.
The owner or owner of the building, the subscriber and the service users are in solidarity with their obligations and rights in the public service contract.
Debts arising from the provision of public services may be charged enforceable in the ordinary jurisdiction or by exercising the jurisdiction of the industrial and commercial undertakings of the State public services. The invoice issued by the company and duly signed by the legal representative of the entity shall be enforceable in accordance with the rules of Civil and Commercial Law. The prescribed in this paragraph applies to utility bills for public lighting. The non-payment of the service mentioned carries out for those responsible the application of the article that deals with the "special duties of the users of the official sector".
PARAGRAFO. If the user or subscriber fails to comply with their obligation to pay in due time the services invoiced within the term of the contract, which will not exceed two consecutive periods of billing, the company public services will be under the obligation to suspend the service. If the company fails to comply with the obligation to suspend the service, the solidarity provided for in this rule will be broken. "
COMPLIANCE AND SERVICE DELIVERY.
ARTICLE 19. Modify Article 140 of Law 142 of 1994, which will remain so:
" Article 140. Suspension for non-compliance. The breach of the contract by the subscriber or user gives rise to the suspension of the service at the events indicated in the uniform conditions of the service contract and in any case following:
The non-payment for the term that the lending institution establishes, without exceeding in any case two (2) billing periods in the event in which it is bimonthly and three (3) periods when it is monthly and the fraud to the connections, undertaken, meters or lines.
It is also a cause of suspension, the user's or subscriber's unilateral and non-unilateral alteration of the contractual conditions for the provision of the service.
During the suspension, neither party can take steps that make it impossible to fulfill the reciprocal obligations as soon as the causal suspension is terminated.
Hague or non-suspension, the lending entity can exercise all rights that the laws and the uniform contract grant to the event of non-compliance.
DEFENSE OF BUSINESS USERS.
ARTICLE 20. Modify Article 159 of Law 142 of 1994, which will remain so:
" Article 159. Notification of the decision on requests and resources. The notification of the decision on an appeal or a request shall be made in the manner provided for in the Administrative Countercyclical Code. The appeal can only be filed as a subsidiary of the replacement to the manager or the legal representative of the Company, who must in such case refer the file to the Superintendence of Public Services. Once this appeal has been filed, it will be dealt with in the Administrative Code.
If within the procedure of the appeal, the Superintendence of Public Services deems it necessary to practice tests or the appellant requests them, it must inform by registered mail to the parties, with the indication of the exact date on which the probative term, which cannot be greater than thirty (30) working days, extendable until otherwise.
PARAGRAFO. Once the appeal is submitted in a subsidiary form, the parties may support and provide evidence to the Superintendence so that they are taken into account at the time of the second instance.
SPECIAL RULES FOR LIQUEFIED PETROLEUM GAS, LPG.
ARTICLE 21. RESPONSIBILITIES. The LPG producing, distributing, marketing and transport companies will be responsible for the quality and safety of the final consumer service.
ARTICLE 22. USE OF LPG AS FUEL. Authorize the distribution companies to use LPG for operational internal consumption, as fuel for vehicles intended exclusively for the distribution of gas.
ARTICLE 23. SAFETY MARGEN. For security reasons within the LPG sales price the Commission on Energy and Gas Regulation (CREG) will include a section called "Safety Margin", with exclusive destination for the maintenance and replacement of the Cylinders and stationary tanks used in the placing on the market of LPG. The collection and administration of this item will be regulated by the Energy and Gas Regulatory Commission within six (6) months following the issuance of this law and will be adjusted annually in accordance with the CPI. In any event, the CREG shall grant participation to the LPG distributors in the regulations that are issued. Such a regulation will seek in a concerted way a mechanism to allow distributors to participate in the collection and administration of resources by establishing all necessary controls.
The replacement and maintenance of the cylinders will be performed in accordance with the regulation that the Commission of Energy and Gas Regulation (CREG) will issue, within six (6) months after the entry into force of this law, to ensure the good condition of the cylinders in time and security for the user.
ARTICLE 24. LPG SAFETY COMMITTEE. Create the LPG Safety Committee chaired by the Superintendent of Public Services, from which a delegate from the Ministry of Mines and Energy, a delegate of the Energy and Gas Commission, will be a delegate. Delegate of the Superintendent of Industry and Commerce, a delegate of the Colombian Institute of Technical Standards (Icontec), a representative of the Council of Standards and Calities, a representative for each of the agents ' agremations with a The market share of the LPG market is greater than 20% (20%), wholesalers and other manufacturers of cylinders.
ARTICLE 25. VALIDITY. This law shall enter into force two (2) months after its enactment, and repeals all rules that are contrary to it.
The President of the honorable Senate of the Republic,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
GUILLERMO GAVIRIA ZAPATA.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., at August 28, 2001.
ANDRES PASTRANA ARANGO
The Minister of Finance and Public Credit,
JUAN MANUEL SANTOS CALDERÓN.
The Minister of Economic Development,
EDUARDO PIZANO DE NARVAEZ.
The Minister of Mines and Energy,
RAMIRO VALENCIA COSSIO.
The Minister of Communications,
ANGELA MONTOYA HOLGUIN.
The Director of the National Planning Department,
JOHN CARLOS ECHEVERRI GARZON.
Ministry of Interior
