Within the framework of the Plan Impulso Perú, the Executive Power sent to the Congress of the Republic the first two bills with measures to encourage investment in infrastructure and that it be executed quickly and effectively in order to benefit the population with the elderly. and better services.
Bill No. 3101/2022-PE, Law to Implement Investments in Peasant and Native Communities where Natural Resources are Exploited, aims to accelerate the execution of investments by local governments that allow the closing of infrastructure gaps in communities peasant and native communities circumscribed to areas where natural resource extraction operations are located.
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In this sense, among other aspects, it is proposed to homogenize and extend the obligation to all local governments, of the province where natural resources are exploited, to allocate a minimum percentage of the canon, surcharge and mining royalty resources to peasant communities. and natives of their respective district, using the mechanism of the executing nucleus or another participatory mechanism regulated by law.
It is proposed to allocate, at least, 9% of the resources assigned to them by way of canon, excess canon and mining royalty to the financing or co-financing of investment projects. If local governments receive transfers of less than 100 Tax Units (UIT), the possibility arises that the minimum percentage of 9% be optional, as in the case of those localities where there are no peasant and native communities.
These resources may also be oriented to project design, the preparation of pre-investment studies, and investment project technical specifications, which will allow projects to be financed in their design stage.
In addition, the legislative proposal establishes a central role for the Office of the Comptroller General of the Republic and the Offices of Institutional Control (OCI) of each Local Government in supervising the destination of the canon, surcharge and mining royalty resources, which must be invested in the peasant and native communities.
Boosting public investment
Bill No. 3085/2022-PE, Law that Modifies the Thirteenth Complementary and Final Provision of Law No. 29230, Law that Promotes Regional and Local Public Investment with the Participation of the Private Sector, seeks to have a positive impact in the development of the different phases of the Works for Taxes (OxI) mechanism, thus public entities will be able to take advantage of the efficiency of the private sector from the design stage, guaranteeing the proper execution and commissioning of the works.
The legislative proposal seeks to generate greater transparency and predictability in variations to the total amount of the Investment Agreement due to greater construction work to avoid financial risks of public entities.
Currently, the OxI Law only allows the value of the works not to exceed 30% of the total investment amount considered in the initial investment agreement or 50%, in the case of projects that do not have an approved technical file; In this sense, it is proposed that only the largest construction works be considered to calculate the limit of the variations of the investment agreements, which will allow the execution, culmination and operation of the projects to be viable.
In addition, the bill establishes that the limit of the variations of the investment agreements signed within the framework of OxI mechanisms is not applicable in the event that the major construction works respond to regulatory changes that have the purpose of caring for health, safety or human life.
In this way, infrastructure projects can be activated that can be developed under the OxI mechanism in different parts of the country.
In this sense, the prompt discussion and approval in the Congress of the Republic of the projects already presented, and those that are about to be sent to the Legislature, are expected, so that the measures of the Peru Impulse Plan achieve the objectives set for the benefit of the entire the population. Its effective application will depend on the speed of the debate and approval of the legislative initiatives presented by the Executive Power.
