In the proposal of the National Development Plan 2022-2026, there are several modifications that in one way or another are going to affect the territorial entities and that therefore need to be analyzed from a broader perspective in light of their possible impacts on the institutional architecture of territorial autonomy.
In this sense, from the Government Laboratory of the University of La Sabana – Govlab, an exercise was carried out that took into account, in addition to the document filed in Congress, the bases of the plan, the explanatory statement and the multi-year investment plan. These are the main impacts
1. Adjustments in cadastres and stratification
Given the lag in the cadastral appraisal and the slow results of the multipurpose cadastre in recent years, the current development plan incorporates in articles 30 and 36 several initiatives to solve this problem, beginning by making adjustments in the methodology and procedures in charge of the Agustín Codazzi Geographic Institute -IGAC. Said modification would enter into force on January 1 of the following year. However, time may be short, particularly for municipalities with complex territorial dynamics and weak technical capacity. Among other things, the mayors will have to adopt and make adjustments to their stratifications according to the guidelines established by DANE.
The possibility of making modifications to the stratification model would make it possible to improve the instruments for targeting subsidies and state aid, correcting the common errors of inclusion and exclusion that tend to occur.
2.- Classification of municipalities
23 years ago, with Law 617 of 2000, it established a categorization for territorial entities that is still in force today. However, the PND document in article 28 talks about creating new typologies aimed at recognizing capacities and focusing public policies and differentiated technical assistance by the national government.
To meet this objective, the DNP will have 6 months, after the plan law is promulgated, to develop the new methodology.
3.- Strengthening for territorial management
It is necessary to pay attention to the governance schemes that are defined in each figure and their possible impacts on territorial autonomy.
The modifications that are proposed to the decentralization mission (art. 224) deserve special mention, where the participation of the departments and the time established for the institutions that are part of the mission are modified to present initiatives to Congress to order and define the distribution of powers between the Nation and the territorial entities.
4– Alternatives for the sustainability of public transport
Faced with the financial crisis of public transport systems in many cities of the country, the PND maintains and expands the alternatives so that territorial entities can guarantee the sustainability of said systems (art. 138, 139, 143 and 145). The implementation of land value capture instruments is encouraged as a contribution for valuation or capital gains from public works; territorial entities will be allowed to commit a percentage of the collection of the unified property tax or establish a surtax on the property tax; the establishment of differential public prices for access to areas will also be allowed; the charge for street parking; up to the possibility of allocating 60% of the collection of traffic fines to finance transportation systems. In this sense, the installation of technological devices inside the buses will be allowed in order to detect offenders who invade the preferential or exclusive lanes.
5- Update of the rules for the co-financing of transport systems
The participation of the nation in the financing of the mobility infrastructure is fundamental so that the territorial entities can develop large projects, which due to their magnitude would be difficult for them to finance independently.
A relevant point in the co-financing schemes is the majority participation of the national government in the boards and boards of directors until the construction or acquisition stage of the goods is finished. This proposal may have an effect on the decision-making model in several mobility infrastructure projects where the nation participates.
6- Changes in the targeting of transfers and subsidies
One of the great commitments of the PND is to improve the criteria for the targeting of transfers and subsidies, in this sense, a transfer system will be created (art. 51) and a single program (Citizen Income) will be established to harmonize monetary transfers both conditioned and not conditioned (art. 52). The Administrative Department for Social Prosperity -DPS, will have the remainder of 2023 to define, regulate, and implement the harmonization of current transfer programs.
One of the axes established in this new institutional architecture is the creation of the Universal Income Registry-RUI (art. 55), whose purpose is to be the only instrument for targeting subsidies, programs, policies, plans, projects and services of the social offer.
7.- Adjustments in the subsidy models in public services
The adjustments in subsidies are also established for the provision of public services where, as mentioned in article 220, measures will be implemented that allow the crossing between the stratification and the socioeconomic information of the lower-income users as a targeting parameter of the subsidy. that is, according to people’s ability to pay.
In this case, the government will establish a methodology that also includes criteria associated with the typology of the municipalities. An initiative that will need to be studied in greater detail due to its financial effects on municipal budgets and on companies that provide public services for electricity, fuel gas, aqueduct, and sewerage.
8.- Restructuring in the solid waste, circular economy and energy efficiency models
The environmental and sustainability component is relevant in the plan as evidenced in several articles, among which those associated with risk management (art. 182), the creation of the National Council to Fight Deforestation (art. 9) stand out. , the creation of the zero waste program (art. 182), and the obligation to carry out energy audits at public facilities (art. 30).
In the case of the Zero Waste program, the territorial entities will have to make adjustments to their solid waste disposal and use schemes, which implies eliminating open-air dumps and transforming it towards burial schemes in technological and environmental parks for the recovery of waste. waste. They must also strengthen their public policy for the comprehensive use and management of the waste produced.
9.- Arrangements to the medium-term fiscal framework for territorial entities
The plan makes some modifications to Law 819 of 2003, in relation to the Medium-Term Fiscal Framework that governors or mayors must present to the respective Assembly or Council (art. 262). This must include an analysis of the financial situation of the entities of the decentralized sector, taking into account the liabilities of the decentralized entities and their impact on the indicators of the territorial fiscal responsibility regulations; in turn, it must establish actions to mitigate the risks and maintain the financial balance of said entities, including a description of the strategies and instruments to guarantee their compliance.
10.- Adjustments in contracting schemes with Popular Public Associations
Although the plan incorporates several articles related to state contracting, such as the strengthening of the electronic system for public contracting (art. 81) and adjustments to the role played by the Chambers of Commerce in relation to the Single Registry of Bidders -RUP, and the administration of delegated public services, the content of article 82 in relation to the participation in public purchases of the Public-Popular Associations, understood as units of the popular economy, community, social or community action organizations or other forms, is preponderant. of social organization, ethnic groups and communities.
Public Entities may contract directly with this type of association, including social programs or policies, “the development and improvement of social infrastructure projects, rural housing, tertiary roads and local roads, culture, local productive infrastructure, efficiency projects energy, food production, supply of goods and services, community management of water, basic sanitation and environmental and community strengthening”.