Novo Marco Legal Saneamento Basico
The new legal framework for sanitation, approved in July 2020, has already generated about R$72.2 billion in investment for the sector, according to the Ministry of Regional Development (MDR). One of the advantages of the legal framework for sanitation is so-called “performance regulation”, which is based on performance targets and measurable and objective parameters. § 1 – The regulation of the provision of public sanitation facilities may be delegated by the holders to any regulatory authority, and the act of transfer must explain the form of operation and the extent of the activities to be carried out by the parties concerned. I – the formalization of intermunicipal basic sanitation consortia, composed exclusively of municipalities that can provide the service directly to the members of their consortium through the creation of an intermunicipal municipality; The National Association of Municipalities (CNM) and the National Front of Mayors (FNP) complained that, despite municipalities` responsibility for sanitation, municipalities were “lagging behind” the states and the Union in defining reference blocks for future concession auctions. The mayors` discontent landed last week in the Supreme Court, which finally upheld the integrity of the law. II – Development of reference standards for the regulation of the use of water resources and the provision of public sanitation facilities; 17. The regional basic sanitation service may correspond to a regional groundwater plan drawn up for all municipalities served. III – the standardization of negotiation tools for the provision of public sanitation services signed between the public service holder and the delegate, which include the objectives of quality, efficiency and extension of the coverage of services, as well as the definition of the risk matrix and the mechanisms for maintaining the economic and financial balance of activities; I – quality standards and efficiency in the provision, maintenance and operation of sewerage systems; Economist Gesner de Oliveira Filho, professor of opportunity at the Getúlio Vargas Foundation, called for overcoming the controversies surrounding the issue. “The new milestone is not a panacea that will solve all problems, but we have a chance. Let us drop this anachronistic debate between the state and the market, the state against the private. We want efficiency at the service of people, good governance and social responsibility, with all types of business organization,” he said.
§ 3 – The Union establishes reference blocks for the regionalised provision of basic public sanitation in a subsidiary manner to the States. – (NR) Mr President, ladies and gentlemen I – the regulation, granting, inspection, inspection and control of the use of water resources and the provision of public services in the field of sanitation; BNDES, which is responsible for structuring projects and allocating long-term resources to basic sanitation, plans new concession auctions in Ceará, Pará, Sergipe and Rondônia in 2022. VI – Regionalized offer: modality of integrated supply of one or more components of public sanitation in a given region whose territory covers more than one municipality and can be structured into: § 5º The holder of public sanitation services defines the body responsible for regulating and supervising these services, regardless of the modality of their provision. (NR) § 7 – In exercising the powers referred to in this Article, the ANA shall ensure uniformity of the regulation of the universal service sector and legal certainty in the provision and regulation of services in accordance with the provisions of paragraph 3, paragraph IV, of this Article. § 3 – The regional basic rehabilitation plan waives the preparation and publication of municipal basic rehabilitation plans. § 2 – The review of the adoption of the National Reference Standards for the Regulation of the Provision of Public Sanitation Services established by the ANA takes place regularly and is mandatory at the time of fundraising with Union funds or with resources managed or managed by agencies or agencies of the federal public administration. 11-B. Contracts for the provision of public sanitation services must set universalization targets that ensure the supply of drinking water to 99% (ninety-nine percent) of the population and 90% (ninety percent) of the population with the collection and treatment of wastewater by 31 December 2033, as well as quantitative targets for the supply of non-termites, reducing losses and improving treatment processes. X – parameters for determining the procedure for the provision of public sanitation facilities; § 4 – The regulatory authority may provide hypotheses in which the provider may apply alternative and decentralised methods for water supply and wastewater collection and treatment in rural, remote or consolidated informal urban centres, without prejudice to its investigation, in order to ensure the economic viability of the provision of public sanitation services.