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Contribuição da ABES para as discussões de transição de governos Federal, estaduais e do Congresso Nacional

28/11/2022 Redação ABES

A ABES – Associação Brasileira de Engenharia Sanitária e Ambiental – vem trazer suas contribuições às discussões de transição de governos e ao novo Congresso Nacional, como vem fazendo tradicionalmente em todos os momentos de debate do saneamento e das políticas ambientais no Brasil.

Definição institucional do setor de saneamento

A ABES vem defendendo que o novo marco regulatório do setor de saneamento precisa de ajustes em sua implementação. A base para isso é reestabelecer a SNS – Secretaria Nacional de Saneamento – como instância de condução centralizada das políticas do setor, definido prioridades, realizando o planejamento, controlando os indicadores e prestando assistência técnica. O setor de saneamento é extremamente complexo; a solução dos problemas que apresenta exige ações de governo em busca da universalização, não podendo ser reduzida a uma lógica meramente contratual.

Ajustes no Marco Regulatório

O novo Marco Regulatório do setor de saneamento, a par de suas reconhecidas virtudes, como o estabelecimento de metas e sua inclusão nos contratos, vem sendo implementado com interpretações que excedem o prescrito na legislação aprovada, gerando situações que exigem correção. É necessário revisar os decretos federais 10.588/2020, 10.710/2021 e 11.030/2022, de modo a instalar situação isonômica e equilibrada nos contratos existentes, bem como a promoção de segurança jurídica  nas futuras contratações, regulamentando a extensão de prazo contratual como medida de reequilíbrio econômico em função do atendimento às metas; eliminando restrições ao acesso a recursos federais pelos titulares; eliminando o tratamento de contratos irregulares como se fossem ilegais; respeitando os contratos vigentes e estabelecendo de modo isonômico obrigações de atendimento entre contratos de prestadores públicos e privados.

Além dessas medidas, do âmbito do Executivo, outras exigirão a discussão no Congresso Nacional, como a regulamentação das outorgas nas licitações de prestação de serviços, a eventual revisão de atribuições entre entes da administração e a possível revisão dos prazos estabelecidos em lei.

A Agenda Regulatória deverá ser revisada em seus prazos e deverá ser discutido o relacionamento entre a Secretaria Nacional de Saneamento e a ANA – Agência Nacional de Águas e Saneamento Básico, responsável por sua implementação. Na relação entre a ANA e as agências reguladoras subnacionais a maior ênfase deve ser dada à cooperação e à assistência técnica. As discussões sobre a política pública para o setor de saneamento devem se dar no âmbito da Secretaria Nacional de Saneamento, considerando as peculiaridades regionais e a autonomia dos titulares dos serviços quanto à definição da melhor forma de sua prestação em cada caso. A separação das funções de planejamento, regulação e prestação dos serviços deve ser observada, respeitando-se o pacto federativo e as competências de cada ator no processo.

Universalização

O alcance das metas de universalização exige planejamento e indução de ações por parte do Governo Federal, com a adoção de um programa de forte estímulo à eficiência dos prestadores, e à abertura de espaços a agentes com capacidade técnica e financeira nos casos em que não haja condições de alcance dos objetivos. Nesse esforço, será importante a combinação de capacidades dos setores público e privado, particularmente na ampliação das PPPs, que deverão ser estimuladas. Entendemos que deverá ser revista a limitação a 25% do valor do contrato, para fomentar esse tipo de arranjo, dado o seu potencial.

O esforço do novo marco em promover contratos de prestação com metas auditáveis é fundamental e deve ser mantido, mas é essencial reconhecer que nem todas as necessidades estão adequadamente previstas nos contratos atuais, e há as que não são passíveis de resolução pelos contratos.

É o caso de ocupação informal. A população habitando áreas informais e favelas vem crescendo continuamente, na maior parte dos casos em condições habitacionais insuficientes. É necessário tratar o atendimento a essa população na política pública e nos contratos, estabelecendo claramente o que será considerado atendimento adequado, mesmo que seja uma forma provisória, enquanto a área não recebe melhorias urbanas. Sem solucionar esta questão não haverá universalização nos prazos estabelecidos.

Da mesma forma, o saneamento rural, cujos números foram incluídos na propaganda dos déficits de atendimento, mas cujas soluções continuam não tratadas nos contratos. Existem boas experiências de soluções em vários estados brasileiros, que devem ser consolidadas em uma política nacional, a cargo da FUNASA. Os prestadores parecem ser a melhor alternativa para fornecer assistência técnica, o que demandará coordenação entre a SNS e a FUNASA, para estabelecer esse serviço nos contratos de concessão e em sua regulação, observando seu equilíbrio econômico-financeiro.

Tanto no caso das áreas urbanas informais, como no saneamento rural, nem tudo poderá ser resolvido nos contratos de concessão, restando ações para o poder público, o que implica a necessidade de recursos fiscais. É o caso do saneamento integrado das áreas de ocupação informal, com a melhoria urbana e habitacional das áreas (urbanização de favelas), que será a solução definitiva para o atendimento dessas populações. Esta constatação acentua o absurdo de se permitir processo de licitação de contratos com outorgas onerosas sem vinculação, que retiram recursos do saneamento.

Recursos

Como se vê, o setor de saneamento tem necessidade inerente de recursos fiscais. Além dos casos citados acima, demandam algum modo de subsídio as necessárias tarifas sociais para os segmentos de menor renda, e as grandes ações ambientais em áreas de ocupação densa. Em um país que vive forte restrição fiscal, é necessário equacionar o máximo dessas necessidades dentro dos contratos, por mecanismos de subsídio cruzado, que, mesmo não sendo a alocação mais eficiente em tese, já vêm sendo praticados há décadas com êxito, o que é mais um fator para apontar o absurdo de iniciativas que desorganizem os contratos de prestação existentes.

Com relação às outorgas onerosas em processos de licitação pública de serviços, os recursos delas provenientes devem ser vinculados ao setor de saneamento, com regras definidas de aplicação. Tais recursos poderiam compor, por exemplo, um fundo nacional para universalização, bem como promover subsídios às tarifas visando sua compatibilização com a capacidade de pagamento dos usuários dos serviços. É necessário que as outorgas sejam limitadas, para não comprometer a modicidade tarifária, e distribuídas ao longo dos contratos.

Apesar das limitações fiscais, é necessário retomar a alocação de recursos do OGU ao setor, os quais deverão ter sua aplicação estritamente direcionada às necessidades acima relacionadas. Quanto aos recursos onerosos controlados pela União, é necessário restaurar plenamente o acesso ao FGTS e ao FAT, e retomar os financiamentos do BNDES a juros subsidiados. É necessário também retomar a discussão da desoneração do PIS/COFINS para o setor.

Restaurar as políticas de meio ambiente e de recursos hídricos

As políticas de proteção aos biomas e de licenciamento ambiental vêm sofrendo ações de desestruturação que necessitam ser revertidas. Todas as atividades de invasão e exploração predatória em áreas de proteção devem ser urgentemente interrompidas. A ABES apoia o estabelecimento de estratégias de desenvolvimento que valorizem o patrimônio ambiental do país, incluindo as populações residentes e respeitando os povos originários.

As evidências são cada vez mais eloquentes de que há um processo de mudanças climáticas em curso, relacionado ao aumento das emissões de CO2. A ABES considera importante o Brasil adotar posição ativa nas discussões internacionais e assumir compromissos pelas medidas necessárias de contenção e de redirecionamento nos modos de atividade econômica.

A política de gestão de recursos hídricos, que alcança 25 anos da edição da lei 9433/97, acumula ganhos importantes, que não reduzem a necessidade de rediscutir vários de seus aspectos. A ABES considera, no entanto, que o PL 4546/21, que institui a Política Nacional de Recursos Hídricos, altera profundamente a estrutura de gestão, sem a adequada discussão pública de suas propostas, o que torna recomendável sua retirada pelo Executivo, ou arquivamento.

Encaminhamentos

As questões tratadas neste documento certamente serão objeto de amplo debate com os novos dirigentes e parlamentares, com participação das entidades setoriais e demais formas de organização da sociedade. A ABES estará presente em todos os fóruns que se abram, e coloca seus meios à disposição para a melhor discussão, o que inclui seu 32º Congresso Brasileiro de Engenharia Sanitária e Ambiental, que se realizará de 21 a 25 de maio de 2023 em Belo Horizonte.

É importante também que se restaurem plenamente as instâncias de participação da sociedade nos sistemas de gestão de saneamento, meio ambiente e recursos hídricos.

ABES – ASSOCIAÇÃO BRASILEIRA DE ENGENHARIA SANITÁRIA E AMBIENTAL

 

 

 

 

 

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  661. Parabéns aos Dirigentes da ABES pela inciativa e pela importância das questões levantadas.
    Gostaria de submeter à apreciação, questionamento sobre a oportunidade ou não, de se acrescentar ao texto, a possibilidade (talvez imposta aos municípios), de instituição de plano específico para uso e ocupação do solo no território das bacias dos mananciais (a montante da captação) utilizados para o abastecimento de água das cidades. Percebe-se que estas, apesar de determinantes para a produção de água, não são objetos de preocupação e de ordenamento por parte dos municípios; muitas áreas de bacia desses mananciais, com o avanço da urbanização, ou já está inserida no perímetro urbano ou, pela sua proximidade às áreas urbanas, são objeto dos mais variados usos e ocupações sem regra alguma em razão do serviço ambiental que presta. Associar tais medidas de regramento, a possibilidade do pagamento por serviços ambientais (produção de água), pode ser uma alternativa. Fato é que os Titulares deveriam ser responsáveis pela preservação das áreas dos mananciais da captação de água para abastecimento das cidades. O regramento e a preservação desses territórios é preocupação que deve vir junto às questões regulatórias e legais da prestação dos serviços do saneamento. Nos sucessivos períodos de estiagens, é possível constatar o agravamento dos seus efeitos à medida que avançam as ocupações, usos e consequentes alterações dessas áreas.

  662. Acho válida a contribuição de vocês e gostaria de complementar após a afirmação “É importante também que se restaurem plenamente as instâncias de participação da sociedade nos sistemas de gestão de saneamento, meio ambiente e recursos hídricos.”
    Devemos lembrar da importância estratégica da ação complementar entre as frentes de atuação, no contexto do de saneamento como um todo, haja vista que não somente devemos atentar para o setor de água e esgoto, como também devemos incluir a questão dos resíduos sólidos e todo o seu desdobramento para a sua destinação ambientalmente adequada e sustentável. Sendo assim, venho lembrar da importância da gestão integrada de todas as frentes da questão saneamento ambiental.
    Desta forma haverá melhor uso dos investimentos ao se criar uma trilha colaborativa e integrativa perante as questões que envolvem o manejo desses recursos e passivos ambientais, juntamente com uma ação de educação ambiental de grande alcance social, otimizando os processos e conectando as linhas de solução e atuação da governança e melhor utilização dos recursos, de forma sustentável, eficiente com mais economia de tempo e dinheiro.

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