April 8th, 2020
Decreto 528

The public services of aqueduct, sewerage and/or sanitation may defer the collection of the fixed charge and unsubsidized consumption to residential users of stratum 1 and 2 for a period of thirty-six (36) months. 

The above applies to the consumption caused during the sixty (60) days following the declaration of the Economic, Social and Ecological Emergency, without the possibility of transferring any interest or financial cost to the end user for the deferral of the charge.

This will only be mandatory if a liquidity line is established for those who present the public services of aqueduct, sewerage and/or sanitation, will have a nominal interest rate of 0% and will apply during the previously mentioned term.

If such liquidity line is established, the providers of these services will be obliged to defer payment, even if they have chosen not to take it.

It is important to mention that the granting of this liquidity line will be done with historical data, consumption and unit cost for the provision of the service according to the information existing in the Unique Information System (SUI) and that the multilateral or bilateral financial entity that offers it must advance the corresponding risk analysis in order to determine which providers of these services could require the constitution of guarantees. 

Also, the decree establishes that official or mixed public service companies of the public utilities mentioned above will be exempted from compliance with the limits of state indebtedness established by the applicable rules. However, they must comply with the debt authorizations contained in Article 2.2.1.2.2.3 of Decree 1068 of 2015, added by Decree 473 of 2020.

While the State of Economic, Social and Ecological Emergency remains and in order to contribute to the recovery of the portfolio and guarantee its financial sustainability, the providers of water, sewerage and/or sanitation services may design options and incentives in favor of their subscribers and/or users who pay their bills in a timely manner. 

Those municipalities that, during the course of 2020, have not transferred resources from the General System of Participations in Drinking Water and Basic Sanitation to the providers of public water, sewerage, and sanitation services operating in their territories, in order to comply with paragraph a) of Article 11 of Law 1176 of 2007, shall make the corresponding transfers no later than April 15, 2020.

However, the surplus of the Solidarity and Redistribution of Income Funds for water, sewerage and sanitation services in the municipalities may be used to finance these activities provided that it has been demonstrated that the entity is in peace and except for subsidies.

Decree 528 of 2020
 

 

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