THE PCJ COMMITTEES THE PCJ BASINS AGENCY
Waterfall Jaguari River in Sapucai Mirim Photograph - Bolly Vieira
THE PCJ BASINS AGENCY AND THE PCJ COMMITTEES The Basins Committee is a type of Brazilian Institutional Organization which promotes the participation of the Public Authorities, Users and Communities in the management of water resources, acting as a Water Parliament. Created and installed according to the State Law (SP) No. 7.663/91(CBH-PCJ), the Federal Law No. 9.433/97 (FEDERAL PCJ) and the State Law (MG) No. 13.199/99 (CBH-PJ), the PCJ Committees choose, through elections, the representatives of their Plenaries. The Basins Committees were the legal arrangement found to allow the decentralization of the decision-making by the State and Federal Governments. Their members come together three to four times a year to discuss and make decisions about planning and management observing the multiple uses of the water resource in their field of action and prioritizing the application of financial resources originated from the PCJ Water Use Charges and from the State Water Resources Fund from the State of São Paulo (Fehidro).
The River Basins Committees is not a legal entity, therefore, they do not own a CNPJ (Brazilian Register of Legal Entities) number, goods or employees, and may use physical structure and technical team of their members (users, universities, technical associative entities, municipal and state agencies, NGOs, etc.) participating in the Plenary and Technical Chambers. It is an entily with deliberative nature, which considers the River Basins Plan as its great management instrument, since it contains the actions to be executed, their costs
and terms. The committees for the river basins belonging to the Union are composed as follows: representatives of the Federal, State and Municipal Executive Branches (max. 40%); representatives of the users (40%); and representatives of the civil organizations (min. 20%). The division of members of the Committees for the River Basins belonging to the State is regulated by the respective laws of each State, in the case of the PCJ Committees, São Paulo and Minas Gerais. In the state of São Paulo, the basins committees are tripartite, as follows: State Executive Branch (1/3); Municipal Executive Branches (1/3) and Civil Society (1/3). The Civil Society sector is divided among users, NGOs, universities, trade unions and technical associations. In the state of Minas Gerais, the River Basins committees have four sectors with the same number of votes: (1/4) to the State Executive Branch; (1/4) to the Municipal Executive Branch; (1/4) to the users of water resources and (1/4) to civil organizations. The PCJ Committees, especially for representing a group of River Basins Committees (CBH-PCJ/SP; Federal PCJ
and CBH-PJ/MG), have a differentiated Plenary, resulting from the members of the plenaries of each one of such Committees. For the execution of studies, projects, works and services set forth in the River Basins Plan, as well as the actions of the Executive Secretariat, the PCJ Committees created their PCJ Basins Agency.
PCJ Basins Agency and PCJ Committees
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MEMBERS OF THE PCJ COMMITTEES
CBH-PJ (12 Members)
Federal PCJ 50 Members
CBH-PJ (51 Members)
1 Mayor from MG
6 User Entities from SP
9 Mayors from SP
Common Core with 9 members
PCJ Committees INTEGRATION
Common Core with 29 members
3 Government Bodies from MG
Joint Meetings
8 Mayors from SP
2 Mayors from MG
Joint Deliberations
4 Government Bodies SP
3 User Entities from MG
Some Thecnical Chambers
9 Civil Society Entities SP
1 Civil Society Entity MG
Collegiate Direction
8 User Entities SP
2 Civil Society Entities from MG Only CBH-PCJ: 3 Members
3 Users from SP 13 Government Bodies SP
3 Bodies of the Federal Government
Only CBH-PCJ 22 Members
Only PCJ FEDERAL 12 Members
ORGANIZATIONAL CHART OF THE PCJ COMMITTEES Plenaries (CBH-PCJ, FEDERAL PCJ and CBH-PJ) Board of Directors 2 Chairmen; 3 Vice-Chairmen (SP, MG and Union); Executive Secretary
PCJ Water Use Charges Executive Secretariat
Technical Chamber of Planning (Members of the CBH-PCJ, Federal PCJ and CBH-PJ Plenaries)
CT-AS
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CT-EA
CT-ID
CT-Industry
PCJ Basins Agency and PCJ Committees
CT-MH
CT-OL
CT-PB
CT-RN
CT-Rural
CT-SA
CT-SAM
Engenho Central and Suspension Bridge Piracicaba River Photograph - Eduardo D'Ávila
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WATER AGENCY OR RIVER BASINS Entity created or indicated by the Basins Committee to support its operation and act as its executive secretariat. It is responsible for the management of financial resources originated from the collection by the use of the water resources. It is a legal entity, according to the public ownership of the waters, that is, from the Union or the States. The Agency tasks, in some cases, may be delegated to the water resources civil organizations and entities alike. For the waters belonging to the Union, the agency is known as Water Agency (Agência de Água). For the waters belonging to the States of São Paulo and Minas Gerais, the name is River Basins Agency (Agência de Bacias). The (Water or Basins) Agencies are entities playing the roles of an Executive Secretariat for the Basins Committees. At the Federal level and within the State of Minas Gerais, there is no law defining the legal nature of the Agencies, and that is why the tasks are delegated to them, and they are named "Delegating Entities" and respectively equated entities, but in São Paulo, the State Law No. 10.020/98 establishes that the River Basins Agency predicted in Law No. 7.663/91, with the participation of the State Government, will only occur as a Private Law Foundation. The Federal Law No. 10.881/04 authorizes the National Waters Agency (Agência Nacional de Águas – ANA) to sign management contracts with water resources civil organizations and to delegate to such entities the performance of the tasks of the Water Agency, related to the management of water resources belonging to the Union. According to Law No. 9433, from 1997, the following civil organizations may receive delegations by the CNRH - National Water Resources Council (Conselho Nacional de Recursos Hídricos – CNRH), within a specified period for the performance of the tasks which are responsibility of the Water Agencies: the inter municipal associations and consortia of river basins; regional, local or sectoral associations of water resources users; technical and educational organizations and research in the water resources area; non-governmental organizations, aiming to defend the diffuse and collective interests of the society and other organizations recognized by the National Council or by the State Councils of Water Resources. The Piracicaba, Capivari e Jundiaí River Basins manages the water resources in the PCJ River Basins and is responsible for the financial management of the funds raised with the PCJ Water Use Charges of the rivers belonging to the Union, and also for the funds raised for the rivers belonging to the State of São Paulo.
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PCJ Basins Agency and PCJ Committees
CREATION OF THE PCJ RIVER BASINS AGENCY The São Paulo State Law No. 7.663, from 1991, which establishes the guidelines for the State Policy of Water Resources, in its Article 29, states that: “in the river basins, where the issues related to water resources so warrants it, by decision of the respective River Basin Committee and approval of the Council of Water Resources, a legal entity may be created, with its own administrative and financial structure, named River Basins.” The same article assigns to the River Basins Agency the function of Executive Secretariat of the respective River Basins Committee, besides the responsibility of elaborating the River Basins Plan periodically, elaborating annual reports about the "Situation of the River Basin Water Resources" annually, managing the financial resources of FEHIDRO and the PCJ Water Use Charges and promoting the connection between the members of the Water Resources Integrated Management (Sistema Integrado de Gerenciamento dos Recursos Hídricos SIGRH) and other systems of the State and the productive sector and the civil society. Thus, in November, 2009 the Agency of the PCJ River Basins Foundation was officially established, with the participation of the Government of the State of São Paulo via the Secretariats of Environment and the current Secretariat of Sanitation and Energy, the Secretariat of Sanitation and Water Resources, the Civil Society, by means of an Inter Municipal Consortium of the River Basins of the Piracicaba, Capivari and Jundiaí (PCJ Consortium) and 48 municipalities of the PCJ River Basins.
Atibainha - Nazaré Paulista Reservoir Photograph - Tomas May
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THE CREATION OF THE PCJ RIVER BASINS AGENCY FOUNDATION
JUNE, 1988 Decree No. 28489 Considers the Piracicaba river basins as critical and the base model for the management of water resources OCTOBER, 1988 Enactment of the Constitution of the Fed. Republic of Brazil. OCTOBER, 1989 Constitution of the State of São Paulo, with specific chapters on Urban Development (Chapter II) and Environment, Natural Resources and Sanitation (Chapter IV). Creation of the Inter Municipal Consortium of the Piracicaba, Capivari and Jundiaí River Basins. DECEMBER, 1991 State Law No. 7.663 established the System and the Policy of Water Resources to the State of São Paulo. NOVEMBER, 1993 Creation of the River Basins Committee of the Piracicaba, Capivari and Jundiaí Rivers - CBH-PCJ. CBH-PCJ approves and refers to the law draft for the creation of the PCJ Basins Agency.
DECEMBER, 1994 CBH-PCJ starts to apply financial resources of the State Water Resources Fund from the State of São Paulo (FEHIDRO). Approves the law draft, authorizing the Public Authorities to participate in the creation of the PCJ River Basins Agency Foundation. JANUARY, 1997 Federal Law No. 9.433 establishes the System and the National Policy of Water Resources and creates the SIGRH. JULY, 1998 State Law No. 10.020 standardizes the Basins Agencies to the State of São Paulo. AUGUST, 1998 Creation of the Tripartite Commission of the CBH-PCJ to propose the institution of the PCJ Basins Agency.
SEPTEMBER, 1998 The State Council of Water Resources of the State of São Paulo authorizes the creation of the PCJ River Basins Agency.
JANUARY, 1999 State Law No. 13.199 establishes the System and the Policy of Water Resources to the State of Minas Gerais. State Law No. 13194 creates the State Water Resources Fund (Fhidro) for the State of Minas Gerais. AUGUST, 1999 CBH-PCJ decides to wait for the deployment of the PCJ Water Use Charges for the installation of the PCJ River Basins Agency.
OCTOBER, 2005 The PCJ Comittees also approve collection and use of water charges for water bodies belonging to the Union within the PCJ Basins. Approves the nomination of the PCJ Consortium as an Delegating Entity to perform the tasks of the Water Agency in rivers belonging to the Union. Transitional Delegation to the PCJ Consortium allows the installation of the PCJ Water Agency. DECEMBER, 2005 São Paulo State Law No. 12.183 standardizes the collection for the usage of the water resources within the State of São Paulo.
JULY, 2000 Law No. 9984 – creates the National Water Agency (ANA), establishing rules for its performance, structure and source of resources. MAY, 2002 Creation of the Federal PCJ Committee and Constitution of the PCJ Committees. Integration between the CBH-PCJ and the Federal PCJ.
JUNE, 2004 Federal Law No. 10.881 standardizes the delegation of tasks of the Water Agency.
SEPTEMBER, 2006 The PCJ Committees approve the collection and use of water charges for water bodies belonging to the State of São Paulo within the PCJ River Basins.
NOVEMBER, 2009 Installation of the PCJ River Basins Agency Foundation.
MARCH, 2008 Installation of the Committee for the Piracicaba and Jaguari River Basins, CBH-PJ, (Committee from Minas Gerais). JUNE, 2008 Creation, in an integrated form to the PCJ Committees, of the River Basins Committee of the Piracicaba and Jaguari Rivers (CBH-PJ). Region under the supervision of the State of Minas Gerais in the PCJ River Basins. DECEMBER, 2008 Approved the collection and use of water charges for water bodies belonging to the State of Minas Gerais within the PCJ River Basins. MAY, 2009 Approved the Statute of the PCJ River Basins Agency Foundation. AUGUST, 2009 PCJ Committees approve the procedures for the nomination of the Fiscal and Deliberative Councils and the Nomination of the Chairman of the PCJ River Basins Agency Foundation, the Mayor Barjas Negri.
DECEMBER, 2009 PCJ Committees approve the nomination of the PCJ River Basins Agency Foundation to perform the tasks of the Water Agency. FEBRUARY, 2010 PCJ Committees approve the nomination of the Administrative and Financial and Technical Directors from the PCJ Foundation. APRIL, 2010 CNRH Resolution No. 111 delegates the PCJ River Basins Agency Foundation the responsibility to perform the tasks of the Water Agency in the PCJ Basins. SEPTEMBER, 2010 Signing of the Technical Cooperation Term between the DAEE São Paulo Water and Energy Department and the PCJ River Basins Agency Foundation, aiming to promote joint activities focused on the integrated management of the water resources. NOVEMBER, 2010 The PCJ Committees approve the draft management contract between ANA and the PCJ Basins Agency Foundation.
DECEMBER, 2010 PCJ River Basins Plan 2010 to 2020 and the proposal to update the water bodies classification are approved by the PCJ Committees.
JANUARY, 2011 PCJ River Basins Agency receives delegations of tasks of the Water Agency for the PCJ Basins up to 2020, according to the Federal Law.
MARCH, 2012 Signing of the Technical Cooperation Term between Cetesb and the PCJ River Basins Agency Foundation, for the development of activities aiming the information exchange for the implementation of actions in the PCJ Basins. NOVEMBER, 2013 PCJ Committees approve the nomination of the new Chairman of the PCJ River Basins Agency Foundation, Sergio Razera. CBH-PJ 5th anniversary celebration. FEDERAL PCJ 10th anniversary celebration. Celebration of the 20th anniversary of the CBH-PCJ creation. Yara Communication Award (Prêmio Yara de Comunicação) 2013. JULY, 2014 The update of the Basic Unit Costs (Preços Unitários Básicos, PUBs) for the federal water charges in the PCJ Basins. AUGUST, 2014 PCJ Committees and the State Council of Water Resources (CRH) approve the reframing of the use class of the Jundiaí River, respectively, at a plenary meeting of the PCJ Committees, held in August in Indaiatuba, in a later meeting of the CRH held in São Paulo.
ORGANIZATIONAL CHART OF THE PCJ RIVER BASINS AGENCY
executive Director
COMUNICATIONS ASSISTANT
DIRECTOR OF FINANCE AND OPERATIONS
TECHNICAL DIRECTOR
PROJECT COORDINATOR
ADMINISTRATIVE COORDINATOR
MANAGEMENT COORDINATOR
FINANCE COORDINATOR
INFORMATIONS SYSTEMS COORDINATOR
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PCJ Basins Agency and PCJ Committees
WATER RESOURCES MANAGEMENT SYSTEM SUPPORT COORDINATOR
DEVELOPMENT AND RESULTS: THE CHALLENGE GROWS POPULATION GROWTH The chart below presents the population growth in the PCJ River Basins between 1997 and 2013, and the forecasts made by the River Basins Plan 2010-2020 for the trend scenario. It is estimated that, up to 2020, the total population will reach about 5.9 million inhabitants, 98% of those within the urban area. If the forecasts are confirmed, in 2020 the population will be 66% greater than the population recorded in 1991. Thus, the actions in the sanitary sewage system may not stop, because the challenge grows day by day.
POPULATION GROWTH
Number of Inhabitants
5.900.000 5.500.000 5.100.000 4.700.000 4.300.000 3.900.000 3.500.000 1990
1993
1996
1999
2002
2005
2008
2011
2014
2017
2020
Existing River Basins Plan Projection
Source: IBGE: Census 1991, Population Count 1996, Census 2000, Population Count 2007, Census 2010 Population Estimates for 2013 and River Basins Plan 2010-2020
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THE WORK MOVES FORWARD The main indicator for the sanitary sewage system is the Sewage Treatment Percentage, related to the undergoing sewage treatment prior to the release of untreated effluents in the water bodies. The next chart presents the data of such indicator for the PCJ River Basins from 1994 to 2012, as well as the goal, or possible scenario of the PCJ River Basins Plan, that is, 79% of sewage treatment until the end of 2014.
SANITARY SEWAGE SYSTEM 100%
85%
79%
80%
Treatment Percentage
72% 64% 59%
60% 48% 42%
40% 27% 17%
20%
19%
11% 6%
Registered Values River Basins Plan Goal
0% 1994
1996
1998
2000
2002
2004
2006
2008
2010
2012
2014
2016
"Situation of the PCJ RIver Basins" CETESB "Inland Water Quality Report"
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PCJ Basins Agency and PCJ Committees
2018
2020
THE RESULTS ARE POSITIVE The application of the financial resources from the PCJ Water Use and the State Water Resources Fund (Fehidro) from the State of São Paulo has provided significant improvements in to the PCJ River Basins. Initially, from 1994 to 2005, the financial resources available derived only from Fehidro. In 2006, the financial resources of the collection for the usage of the water resources in rivers belonging to the Union (federal collection) were added to this amount. In 2007, the amount coming from the collection for the usage of the water resources in rivers belonging to the State of São Paulo (São Paulo State collection) were added to this amount and, in 2010, the amounts coming from the collection for the usage of the water resources in rivers belonging to the State of Minas Gerais (Minas Gerais State collection) were added to such resources, implementing the collection for the usage of water resources in all areas of the PCJ Basins.
Use of funds 6,47%
7,07
2,81%
0,56%
48,00%
34,36%
0,74%
PDC 1 - Database records, studies and surveys - R$ 10.307.626,94 PDC 3 - Sewage treatment - R$ 176.322.125,17 PDC 4 - Reforestation - R$ 2.702.025,60 PDC 5 - Water loss control - R$ 126.202.570,68
TOTAL INVESTIMENT IN CONSTRUCTIONS AND PROJECTS IN THE PCJ RIVER BASINS: R$ 367.301.084,97
PDC 8 - Environmental education - R$ 2.049.305,43 Management support actions - R$ 23.753.822,43 Other actions - R$ 25.963.608,72
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WATER QUALITY INDEX The Water Quality Index (IQA) represents the quality of the fresh water of a water body. Its determination is defined through a mathematical equation considering the following variables: turbidity, total residues, phosphorus, temperature, pH, dissolved oxygen, biochemical oxygen demand, faecal coliforms and nitrogen, and the higher the value obtained to the IQA, higher the water quality.
Classification of sampling points on PCJ River Basins due to the IQA 2000 to 2013 100% 90%
0% 25%
5% 18%
0%
5%
0% 9%
4%
22%
27%
80%
0%
0% 21%
0%
4%
14%
0%
1%
0%
1%
20%
18%
18%
15%
21%
19%
30%
32%
70% 60% 40%
59%
36%
35%
36%
50%
39%
26%
27%
32%
46%
10%
30%
24%
32% 29%
44%
40% 30% 20%
36% 35%
32%
36%
39%
32%
43%
46% 39%
50%
55%
47% 42%
41% 31%
10% 0%
0%
5%
5%
0%
0%
0%
0%
0%
0%
0%
2000 2001 2002 2003 2004 Source: Adapted from CETESB, 2013
2005
2006
2007
2008
2009
(<19) Terrible
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PCJ Basins Agency and PCJ Committees
(20-36) Bad
(37-51) Regular
1%
1%
4%
5%
1%
2010
2011
2012
2013
2014
(52-79) Good
(80-100) Great
INSTITUTIONAL INFORMATION THE PCJ BASINS AGENCY Executive Director Sergio Razera Technical Director Patrícia Gobet de Aguiar Barufaldi Director of Finance and Operations Ivens de Oliveira President Fiscal Council Luiz Alberto Buschinelli Carneiro President Deliberative Council Paulo Roberto Tinel Vice president Deliberative Council Luiz Antonio Carvalho e Silva Brasi PCJ COMITTEES CBH-PCJ President and PCJ FEDERAL President Gabriel Ferrato dos Santos CBH-PCJ President and PCJ FEDERAL 1st Vice president Jefferson Benedito Rennó CBH-PCJ Vice president and PCJ FEDERAL 2nd Vice President Marco Antonio dos Santos CBH-PJ Vice president José Maria do Couto PCJ FEDERAL 3rd Vice president Osvaldo Garcia CBH-PCJ, PCJ FEDERAL and CBH-PJ Executive Secretary Leonildo Ednilson Urbano CBH-PCJ Adjunct Executive Secretary Caroline Túbero Bacchin CBH-PJ Adjunct Executive Secretary Sidney José da Rosa
COMITÊS PCJ
INVESTING IN THE FUTURE OF THE PCJ BASINS
COMITÊS PCJ www.comitespcj.org.br
www.agenciapcj.org.br
1949, Alfredo Guedes, St. Racz Center Buiding - Higienópolis - Office 604 - 6th floor Piracicaba - São Paulo - Brazil - ZIP CODE: 13.416-901 Telephone: + 55.19.34372100 E-mail: fundacao@agenciapcj.org.br Site: www.agenciapcj.org.br Site: www.comitespcj.org.br