Law 11,445, of January 5, 2007.

THE PRESIDENT OF THE REPUBLIC, I hereby make known that the National Congress decrees and I sanction the following Law:

Chapter I Fundamental Principles

Art. 1º

This Law establishes the national guidelines for Basic Sanitation and for the federal Basic Sanitation policy.

Art. 2º

Public Basic Sanitation services shall be provided based on the following fundamental principles:

1. universalization of access and effective provision of the service; (Wording given by Law 14,026, of 2020)
2. integrality, understood as the set of activities and components of each of the various sanitation services that provides the population with access in accordance with their needs and maximizes the effectiveness of actions and results; (Wording given by Law 14,026, of 2020)
3. water supply, sanitary sewage, urban cleaning and solid waste management carried out in a manner appropriate to public health, the conservation of natural resources and environmental protection; (Wording given by Law 14,026, of 2020)
4. availability, in urban areas, of stormwater drainage and management services, treatment, cleaning and preventive inspection of networks, appropriate to public health, environmental protection and the safety of life and of public and private property; (Wording given by Law 14,026, of 2020)
5. adoption of methods, techniques and processes that take into account local and regional peculiarities;
6. articulation with policies of urban and regional development, housing, fighting and eradicating poverty, environmental protection, health promotion, water resources and others of relevant social interest, aimed at improving quality of life, for which basic sanitation is a determining factor; (Wording given by Law 14,026, of 2020)
7. efficiency and economic sustainability;
8. encouragement of research, development and use of appropriate technologies, considering users' ability to pay, the adoption of gradual and progressive solutions and the improvement of quality with efficiency gains and cost reductions for users; (Wording given by Law 14,026, of 2020)
9. transparency of actions, based on information systems and institutionalized decision-making processes;
10. social oversight;
11. security, quality, regularity and continuity; (Wording given by Law 14,026, of 2020)
12. integration of infrastructures and services with the efficient management of water resources; (Wording given by Law 14,026, of 2020)
13. reduction and control of water losses, including in the distribution of treated water, encouragement of consumption rationalization by users and promotion of energy efficiency, reuse of sanitary effluents and use of rainwater; (Wording given by Law 14,026, of 2020)
14. encouragement of the adoption of unconventional sources of water supply and treatment, in line with public health and environmental protection requirements; (Included by Law 14,546, of 2023)
15. selective implementation, where applicable, of measures to manage demand for water and sanitation services, in particular for the rational use of water. (Included by Law 14,546, of 2023)

Art. 3º

For purposes of this Law, the following definitions apply:

1. Basic Sanitation: set of public services, infrastructures and operational facilities for:
   1. water supply: activities, infrastructures and operational facilities necessary for public water supply, from catchment to building connections and their measuring instruments;
   2. sanitary sewage: activities, infrastructures and operational facilities for the collection, transport, treatment and final environmentally adequate disposal of sanitary sewage, from building connections to its release into the receiving body;
   3. urban cleaning and solid waste management: a set of activities, infrastructures and operational facilities for collection, transport, sorting, treatment and final environmentally adequate disposal of urban solid waste, including waste from urban cleaning and street sweeping; and
   4. stormwater drainage and urban stormwater management: a set of activities, infrastructures and operational facilities for the transport, retention, infiltration, treatment and final environmentally adequate disposal of stormwater, in urban areas, from connections to its release into receiving bodies;
   (Wording given by Law 14,026, of 2020)
2. universalization: progressive expansion of access of all occupied households to Basic Sanitation;
3. social oversight: a set of mechanisms and procedures that guarantee society information, technical representation and participation in processes of formulation of policies, planning and evaluation related to public Basic Sanitation services;
4. regional Basic Sanitation provision: that in which a single provider serves two or more federative entities;
5. shared services or activities: those provided pursuant to a contract that grants efficiency gains through economies of scale, scope or scale and scope, or that allow tariff cross-subsidies between municipalities; (Wording given by Law 14,026, of 2020)
6. and additional definitions covering local provision; primary service; full provision; emergency or temporary provision; sanitation services; water source; service charges; tariff subsidies; public price; risk areas of contagion; precarious sanitary conditions; and integrated solid waste management. (Several items added or amended by Laws 14,026/2020 and 14,546/2023; see source for full list and wording.)

Chapter II Exercise of Title

Art. 8º

The federative entities, holders of public Basic Sanitation services, may delegate the organization, regulation, oversight and provision of such services, pursuant to Art. 241 of the Federal Constitution and Federal Law 11,107, of April 6, 2005. (Wording given by Law 14,026, of 2020)

Art. 8º-A

The exercise of public Basic Sanitation services title by Municipalities and the Federal District corresponds to the local interest of public functions of common interest provided in §3 of Art. 25 and Art. 32 of the Federal Constitution. (Included by Law 14,026, of 2020)

Art. 9º

The holder of public Basic Sanitation services shall formulate the respective public policy, observing the criteria established in this Law, and shall:

1. elaborate the basic sanitation plans, pursuant to this Law;
2. prescribe the conditions for service provision, including the technical and economic-financial sustainability of the provider;
3. define the entity responsible for regulation and oversight and the procedures for its action;
4. adopt parameters for service provision compatible with the social and economic functions of the city, ensuring environmental quality and public health;
5. establish mechanisms of social oversight;
6. establish the public policy system of Basic Sanitation;
7. intervene and retake the operation of delegated services, in the cases and conditions provided in law and in contractual instruments;
8. contract the provision of Basic Sanitation services in accordance with this Law and Federal Law 14,133, of April 1, 2021; (Wording given by Law 14,026, of 2020)
9. establish standards on rates, fees and other public prices, observing this Law and the regulation of the regulating entity. (Included by Law 14,026, of 2020)

Art. 10

The contract is the legal instrument for the provision of public Basic Sanitation services, prohibiting its provision through a precarious instrument. (Wording given by Law 14,026, of 2020)

§ 1º Contracts for the provision of public Basic Sanitation services entered into without the prior bidding procedure, in force on the date of publication of Law 14,026/2020, remain valid until their term expires.

Art. 10-A

Service provider contracts entered into prior to the entry into force of Law 14,026 of 2020 that do not specify universalization goals shall be considered irregular and precarious. (Included by Law 14,026, of 2020)

Art. 11

The signing of contracts for the provision of public Basic Sanitation services shall depend on compliance with the following conditions:

1. existence of an up-to-date basic sanitation plan;
2. existence of a viability study of the provision, including economic-financial and environmental sustainability;
3. existence of standards for the regulation of services that include cases of intervention and resumption of operation by the holder;
4. conducting prior public hearing and public consultation on the bidding notice, in the case of competitive procurement, and on the contract.

§ 1º Universalization goals, including those for elimination, mitigation or replacement of inappropriate alternatives, and goals to ensure quality of provision, are mandatory clauses of any service provision contract.

Chapter III Regionalized Provision of Basic Sanitation Services

Art. 3-A

The provision of regionalized Basic Sanitation services may be carried out by means of: (Included by Law 14,026, of 2020)

1. metropolitan region, urban agglomeration or microregion, established pursuant to Art. 25, § 3, of the Federal Constitution and the State Master Law, of common public interest;
2. regional sanitation unit, instituted by State law, encompassing prioritarily Municipalities not included in metropolitan regions, urban agglomerations or microregions;
3. provision block, formalized by means of voluntary adherence by the Municipalities involved.

§ 1º In the cases of items I and II of the caput, the integrated planning of public Basic Sanitation services shall be carried out by the holder, jointly with the relevant Municipalities.

Chapter IV Planning

Art. 19

The provision of public Basic Sanitation services shall observe a plan, which may be specific to each service, that shall contain, at a minimum:

1. diagnosis of the current situation and its impacts on the living conditions, including identification of the causes of deficiencies detected, using indicator systems;
2. short, medium and long term goals for universalization, admitting graduated and progressive solutions, observing the compatibility with the other plans of the sector;
3. programs, projects and actions necessary to achieve the goals, identifying possible sources of financing;
4. emergency and contingency actions;
5. mechanisms and procedures for systematic evaluation of the efficiency and effectiveness of the actions programmed.

Chapter V Regulation

Art. 21

The exercise of the regulatory function shall observe the following principles:

1. independence of decision-making, autonomy of the regulating entity, including financial, in relation to the holder, providers and users;
2. technical, procedural and decision-making transparency, equity and impartiality.

Art. 22

The Regulation of Basic Sanitation services shall have the following objectives:

1. establishing technical standards and reference standards for the provision of Basic Sanitation services;
2. guaranteeing compliance with the conditions and goals established;
3. preventing and prosecuting the abuse of economic power;
4. defining tariffs that ensure both the economic-financial balance of the contracts and reasonable rates for users;
5. maintaining the rules and procedures and the regulated parameters in a database open to the public.

Art. 23

The regulating entity shall issue rules concerning the technical, economic and social dimensions of service provision, encompassing tariff structure, billing, oversight, planning, quality standards, accounting, performance indicators, and complaint procedures, among other matters established by law and reference standards issued by the National Water and Basic Sanitation Agency (ANA). (Wording given by Law 14,026, of 2020)

Chapter VI Economic and Social Aspects

Art. 29

Public Basic Sanitation services shall be economically and financially sustainable, with cost recovery ensured, through remuneration in the form of tariffs and other public prices that may be set for each service, individually or for sets of services, by tariff bands or other forms, or by taxes or contributions, observing the legal framework. (Wording given by Law 14,026, of 2020)

Art. 30

Observing the legal framework, the structure of remuneration and billing of Basic Sanitation services may take into account, among others, the following factors:

1. categories of users, distributed by income bands and use areas;
2. volume consumed or available; capacity of the building connections; frequency of provision;
3. quality standards and treatment standards applied to effluents;
4. effective use cost imposed on the system;
5. seasonal nature of activities undertaken by users; environmental, sanitary and water resources protection;
6. incentives for rational use of water and other natural resources;
7. recovery of investment costs of historically realized public investments.

Art. 31

Tariff subsidies, of internal and tariff cross-subsidy nature among groups of users, shall be granted to vulnerable users and small economic units, observing the criteria established by the holder.

Art. 35

Charges related to public services of urban cleaning and solid waste management shall consider the following forms of remuneration, with the option of combining them: (Wording given by Law 14,026, of 2020)

1. specific fees or rates, including via real estate property tax (IPTU); or
2. tariffs and other public prices, in the form of pricing schedules issued by the holder.

Art. 36

Charging by the provision of stormwater drainage and urban stormwater management services shall observe the following guidelines, taking into account the impervious surface area and the existence of permanent measures and works on private property to retain or infiltrate water, with charging via a specific fee.

Chapter VII Technical Aspects

Art. 43

The provision of services shall meet quality requirements, including regularity, continuity and those related to operational and technological standards established in regulation, observing the technical standards issued by ANA.

Art. 44

Sanitary sewage treatment and final disposal shall be carried out in accordance with the rules issued by the competent environmental agencies and reference standards on sanitary sewage treatment standards. (Wording given by Law 14,026, of 2020)

Art. 45

Subject to the rules issued by the regulating entity on the maximum periods for the implementation of the respective infrastructure, building works and renovations subject to municipal licensing and located in areas covered by the service shall be connected to the water supply and sanitary sewage networks available.

Art. 46

In situations of critical water scarcity decreed by the competent water resources authority, the provider may adopt mechanisms for water savings, including individual or supply rationing, observing the rationing plan and the protection of essential uses.

Chapter VIII Participation of the Federal Government

Art. 47

Social oversight of public Basic Sanitation services may include the participation of bodies of collegiate nature, with participation by representatives of the Federal Government, the States, the Federal District and the Municipalities; service providers; users; and civil society organizations linked to the Basic Sanitation sector.

Chapter IX Federal Basic Sanitation Policy

Art. 48

The Federal Government, in establishing its public sanitation policy, shall observe the following guidelines:

1. priority for actions that promote universalization, especially among the lowest-income population;
2. application of resources in accordance with the basic sanitation plans;
3. incentive for integrated implementation of the four components of basic sanitation;
4. promotion of social oversight;
5. support for installation, operational structuring and capacity building of providers and regulating entities of public Basic Sanitation services;
6. encouragement of cooperative arrangements among federative entities;
7. adoption of indicators and parameters that allow the evaluation and monitoring of public policy.

Art. 49

The objectives of the Federal Basic Sanitation policy include: ensuring full access to water supply and sanitary sewage to 99% and 90% of the Brazilian population, respectively, by December 31, 2033; promoting urban and regional development; promoting tariff cross-subsidies between large and small Municipalities; reducing inequalities in access and quality; and encouraging the formation of providers with technical, operational and economic-financial capacity.

Art. 50

Allocation of non-onerous federal resources and financing with resources from the Federal Government or with resources managed or operated by federal entities shall depend on the holder's compliance with the basic sanitation plan and the conditions established in Art. 11 of this Law.

Chapter X Final Provisions

Art. 52

The Federal Government shall draw up the National Basic Sanitation Plan (Plansab), with a 20-year horizon, with goals and indicators and the strategy for resource raising and allocation, and the Interregional Plan for Basic Sanitation in Border Regions, in coordination with the affected States and Municipalities.

Art. 53

The National Basic Sanitation Information System (Sinisa) shall be instituted to collect and systematize data on the conditions of provision of services and quality indicators, ensuring public access to information.

Art. 53-A

ANA shall edit reference standards for the regulation of public Basic Sanitation services, observing the principles of Regulation set forth in Chapter V. (Included by Law 14,026, of 2020)

Art. 54-A

The Special Tax Regime of Incentives for the Development of Basic Sanitation (REISB) is established, with the purpose of stimulating the legal entity holding a public Basic Sanitation service provision contract to apply resources in the implementation of works and services destined to public Basic Sanitation services in the country. (Included by Law 13,329, of 2016)

Art. 57

This Law enters into force on the date of its publication.

Art. 58

Federal Law 6,528, of May 11, 1978, is hereby repealed.

Brasília, January 5, 2007; 186th of Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA
Márcio Fortes de Almeida
Luiz Paulo Teles Ferreira Barreto
Bernard Appy
Paulo Sérgio Oliveira Passos
Luiz Marinho
José Agenor Álvares da Silva
Fernando Rodrigues Lopes de Oliveira
Marina Silva

This text does not replace the one published in the Official Federal Gazette of January 8, 2007, as rectified on January 11, 2007.