The marketing companies that provide the public utilities of electric energy and gas through networks may defer for a period of thirty-six (36) months the cost of basic consumption or subsistence that is not subsidized to residential users of stratum 1 and 2 for consumption corresponding to the current billing cycle in accordance with the Decree 517 of 2020, without being able to transfer to the user any interest or financial cost for the deferment of collection.  

To finance these deferred payments, the companies commercializing public utilities of electric energy and fuel gas through networks official or mixed public service companies monitored by the Superintendence of Industry and Commerce may obtain loans with the Financiera de Desarrollo Territorial S.A.-FINDETER which are aimed to provide liquidity or labour capital in accordance with the authorization established in Legislative Decree 581 of 2020.

The nominal interest rate established for this liquidity line will be 0% and the granting of the liquidity line will be done with the historical, consumption and unit cost data for the provision of the service according to the existing information in the Unique Information System (SUI as per its acronym in Spanish). 

This shall only be compulsory for companies commercializing public utilities of electric energy and fuel gas through networks for the same period to which the charging of basic or subsistence consumption is deferred. This obligation applies to electricity and fuel gas marketing companies even if the utility company chooses not to accept it. In the case of electricity commercializing companies in Non-Interconnected Areas, this liquidity line may be extended to the entire consumption caused in the billing cycles mentioned above. 

It is important to emphasize that if these companies choose to take the previously mentioned liquidity line, they must offer a discount in the current billing cycle and in the one following the issuance of this decree, of at least 10% on the unsubsidized value of the corresponding invoice, for users of stratum 1 and 2 who make the payment of the invoice on the timely payment date.

Those companies that do not offer this discount may only access the liquidity line at the nominal 0% interest rate, for 75% of the total amount to be deferred. However, no interest or financial cost derived from a mechanism to cover the deferral of the collection of the invoice may be transferred to the user.

On the other hand, during the Health Emergency declared by the Ministry of Health and Social Protection, on the occasion of the Coronavirus COVID-19 pandemic, Financiera de Desarrollo Territorial S.A. -FINDETER- may establish re-discount lines with a compensated rate for companies providing public services of electric energy and fuel gas through networks, official, mixed and private, supervised by the Superintendence of Public Home Services, in order to provide them with liquidity or working labour, to implement the measures for the deferral of payment of the cost of billing for electric energy, fuel gas through networks to residential users of strata 1 and 2, in the amount that exceeds the basic consumption or subsistence and for residential users of strata 3 and 4.

Due to the foregoing, it is appropriate to specify that for the creation of re-discount lines with a compensated rate for the financing of the public service sector, the following should be noted

• The term of the credits granted on the basis of Legislative Decree 581 of 2020 and Legislative Decree 798 of 2020 may be longer than the legal limit established for the amortization of operating credits for public utilities when, due to their legal nature, they must comply with these limits.
• Through the credit regulations FINDETER will establish the conditions of the re-discount lines. 
• The resources of the compensated rate will be financed with the resources of the Emergency Mitigation Fund -FOME.
• The companies that provide public utilities of electric energy and fuel gas by networks, official, mixed and private must present to the Ministry of Mines and Energy, a certification signed by the legal representative and the fiscal auditor, in which it is stated the amount that exceeded the basic consumption or subsistence for the strata 1 and 2 and the total amount of invoicing for the strata 3 and 4. 
• On the basis of this certification, the Ministry of Mines and Energy shall inform FINDETER, the amount to be disbursed corresponding to each billing cycle.
• In the event that guarantees are required, public utilities companies may deploy:

o    The assignment of the unsubsidized portion of accounts receivable or invoices due from users of any stratum
o    Subsidies caused or to be caused by the service
o    Any other sufficient guarantee for the financial institution, multilateral or bilateral, providing the liquidity facility

In summary, the Ministry of Mines and Energy will be responsible for notifying utilities companies of the maximum quota of resources for financing the deferred payment term. It may also allocate resources from its budget, coming from the FOME, to enter into agreements or contracts with public, private or mixed financial entities or autonomous assets managed by them, in order to carry out rate compensation operations in the credits disbursed by the public financial entities. The Government has also provided funding for private or mixed companies to finance the deferral of payment of the cost of public services for electricity and fuel gas through networks for residential users in strata 1 and 2, in amounts that exceed basic or subsistence consumption, and in strata 3 and 4.

It is important to emphasize that official or mixed public utilities companies will be exempted from the limits on State debt set forth by the applicable rules. In any case, 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.

It is important to mention that the provisions of Legislative Decree 798 of 2020 will apply during the term of the Health Emergency declared by the Ministry of Health and Social Protection on the occasion of the Coronavirus COVID - 19 pandemic.

Finally, Article 28 of Law 56 of 1981 is amended to refer to the permits for voluntary intervention in movable property subject to acquisition or servitude.