All new contracts for sanitation services should take into account the changes brought about by the new regulatory framework, including universalization targets. In all cases, it is estimated that the participation of private companies in the market will increase. Currently, about 5% of all Brazilian communities are served by private companies. However, we will have to wait for the first reactions of the private sector and the scenario of possible new investments. First, international investors analyze the domestic market. Companies from Spain, France, China and Canada have already expressed interest in the Brazilian health market. The next government will face challenges, but it will have to build on the premises of the new regulatory framework § 4. The heads of the executive powers of the Union, the states, the Federal District and the municipalities may formalize the associated administration for the exercise of functions related to public sanitation services, except for the need for legal authorization in the case of a cooperation agreement. The new framework requires states and municipalities to encourage competitive bidding for the purchase of sanitation services to pave the way for expanding private sector participation in the market.

This amendment prohibits the conclusion of new programme contracts under which public enterprises can provide health services without competitive bidding, i.e. without private competition. However, this does not mean that there will be privatization of services, as existing public sewage companies compete with the private sector and could benefit from the tendering process. Another change brought by the new plumbing installation is that ANA will publish reference standards for solid waste management and stormwater drainage in cities. Both activities integrate basic sanitation as well as water supply, collection and wastewater treatment, because water is one. 14. In the event of the sale of the majority shareholding in a public undertaking or semi-public company providing public services, the programme or concession contracts in which they exercise their functions may be replaced by new concession contracts, where appropriate in accordance with the State`s denationalisation programme. Read below an article that contextualizes the topic and the emergence of new laws. And access content from the „New Regulatory Framework for Remediation“ webinar series, which highlights the vision of public sector representatives, regulators, investors, legal experts and solid waste market representatives. Basic sanitation has distinguished itself from the public debate since the adoption of Law 14.026 of 15.07.2020 almost two years ago. This article assesses the main features of the new legal framework for the sector and how the federal government`s public policy is being implemented, and shows that the path between the law and its implementation has had problems that deserve our attention, in particular the attempt to make concession to the private sector the only model for the sector. V – modification of existing programme contracts to move to the new delivery model; The new legal framework for sanitation has been saved Read the full article: a/ II – Commercial, industrial and service waste in quantity and quality, assimilated to household waste and considered as municipal solid waste by decision of the owner, provided that this waste is not the responsibility of their producer in compliance with the legal or administrative norm, a court decision or a period of behavioural adaptation; and art.

18. Public-private partnership contracts or sub-transfers signed in the context of tendering procedures shall be maintained by the new controller in the event of a transfer of control of a public or semi-public undertaking. 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). § 8 – Contracts for the provision of public sewerage services must comply with Article 175 of the Federal Constitution, which prohibits the formalisation of new programme contracts for this purpose. – (NR) Mr President, ladies and gentlemen, with the adoption of Law No. 14 026/2020, which updates the legal framework for basic sanitation, the regulatory relationship between the ANA and the sanitation sector will reach a new level as the National Agency for Water and Sanitation will work on reference standards. These general rules should be taken into account by sub-national regulatory authorities (municipal, intermunicipal, district and state) in their regulatory activities. The facility, which will serve 1.5 million people in the first phase and 3.3 million people by 2060, has received investments of R$332.7 million. IV – social control: set of mechanisms and procedures that ensure the information of society, technical representations and participation in the processes of formulation, planning and evaluation of policies relating to public sanitation services; Letícia Barbosa Pimentel and Marcelo Trindade Miterhof | Capital letter § 1 – Contracts involving the provision of public sanitary facilities may provide for private mechanisms to settle disputes arising out of or in connection with the contract, including arbitration held in Brazil and Portuguese in accordance with Law No. 9.307 of 23 September 1996.