2024-04-26 | DOF 5724836Added
The Secretariat of Finance and Public Credit establishes operational rules to grant federal subsidies to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa, and Nayarit for the payment of arrears owed to CFE Suministrador de Servicios Básicos resulting from residential electricity tariff support. For the 2024 fiscal year, the subsidy covers arrears from 2022 and 2023, with transfers to CFE SSB required by the end of 2024. For the 2025 fiscal year and subsequent years, subsidies cover arrears from the immediately preceding fiscal year, contingent on budget approval and executed through agreements signed in July of each year.
DOF: 26/04/2024
RULES of Operation for the granting of a subsidy to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit to contribute to the payment of the arrears derived from the support for the residential electricity tariffs
At the margin a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Secretariat of
Treasury and Public Credit.
ALEJANDRA CAÑIZARES TELLO, Head of the Budgetary Policy and Control Unit of the
Secretariat of Treasury and Public Credit, based on articles 31 of the Organic Law of the
Federal Public Administration; 1 and 79 of the Federal Budget and Fiscal Responsibility Law; 23,
section I, subsection c), sub-subsection vii), second paragraph, of the Regulations of the Federal Budget and
Fiscal Responsibility Law; 4, section C, section II, and 21, sections VII and XXI, of the Internal Regulations of
the Secretariat of Treasury and Public Credit, and Second of the "Agreement modifying the one by
which a subsidy is granted to the federative entities indicated published in the Official Gazette of the
Federación on February 22, 2024" published in the Official Gazette of the Federación on April 5, 2024, and
CONSIDERING
That on February 22, 2024, the "Agreement by
which a subsidy is granted to the federative entities of Baja California, Sonora, Sinaloa and Nayarit, for the
purposes indicated" was published in the Official Gazette of the Federación, which was modified by the different Agreement published in that official dissemination organ on April 5, 2024 and which in its First Article establishes that a subsidy is granted to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit to cover the arrears derived from the tariff support that are specified in the section of considerations of the cited modifying Agreement;
That Article Three, first paragraph, of the cited modifying Agreement provides that charged to the subsidy that is granted in terms of Article One of that instrument, the Secretariat of Treasury and Public Credit must transfer in the fiscal year of 2024 to CFE Basic Services Supplier, on behalf and order of the federative entities referred to in the modifying Agreement, the budgetary resources for contributing to the payment of the arrears corresponding to the fiscal years of 2022 and 2023 derived from the tariff supports cited in the section of considerations of the modifying Agreement;
That the second paragraph of Article Three indicated in the previous consideration establishes that with respect to the arrears that are generated in the fiscal year of 2024 and subsequent years charged to the entities federatives cited in the modifying Agreement referred to in the first consideration of this section, the Secretariat of Treasury and Public Credit, prior to communication from CFE Basic Services Supplier of the corresponding amounts, must foresee an allocation of resources in the draft budget of the General Branch 23 Salary and Economic Provisions of each fiscal year so that, in case that it is approved in the Expenditure Budget of the Federation of the corresponding fiscal year, the subsidy is granted to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit and charged to the same, it is transferred to CFE Basic Services Supplier, on behalf and order of the same, the resources to contribute to the payment of the arrears derived from the respective tariff supports;
That Article Two and the Transitional Article Two of the modifying Agreement referred to in the first consideration of this section indicate that the Secretariat of Treasury and Public Credit must issue, within the 15 business days following the publication of the modifying Agreement in the Official Gazette of the Federación, the rules of operation to determine, among other aspects, the agreements that that secretariat celebrates with the federative entities and CFE Basic Services Supplier, as well as the programming, budgeting, granting, exercise, application, accountability and transparency of the subsidy to which refers Article One of that modifying Agreement;
That it corresponds to the Budgetary Policy and Control Unit to issue the provisions for the administration and exercise of the resources of the General Branch 23 Salary and Economic Provisions, and
That with the object of establishing the specific provisions that regulate the agreements that the Secretariat of Treasury and Public Credit celebrates with the federative entities and CFE Basic Services Supplier, as well as the programming, budgeting, granting, exercise, application, accountability and transparency of the subsidy to which refers the modifying Agreement indicated in the first consideration of this section, it has been decided to issue the following
Rules of operation for the granting of a subsidy to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit to contribute to the payment of the arrears derived from the support for the residential electricity tariffs
Chapter I
Of the general provisions
These rules of operation have as their object to establish, among other aspects, the specific provisions that regulate the agreements that the Secretariat of Treasury and Public Credit celebrates with the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit and CFE Basic Services Supplier, as well as, as appropriate, the programming, budgeting, granting, control, exercise, application, accountability and transparency of the subsidies that, charged to the General Branch 23 Salary and Economic Provisions, the Secretariat of Treasury and Public Credit grants to the entities federatives mentioned above to contribute to the payment of the arrears derived from the support for the tariffs residential electricity.
The resources referred to in these rules of operation have the character of federal public subsidies, so in their programming, budgeting, granting, control, exercise, application, accountability and transparency they are subject to what is provided in the Federal Budget and Fiscal Responsibility Law, in the General Law of Transparency and Access to Public Information, in the Federal Law of Transparency and Access to Public Information, in the Law of Financial Discipline of the Federative Entities and the Municipalities, in the Expenditure Budget of the Federation of the corresponding fiscal year, in the Regulations of the Federal Budget and Fiscal Responsibility Law and in the other applicable legal provisions.
It will correspond to the Budgetary Policy and Control Unit to interpret these rules of operation; issue specific complementary provisions to comply with the object of the same, as well as resolve cases not provided for in these.
Chapter II
Of the definitions and of the information requests
I. Agreement: the "Agreement by which the different one by which a subsidy is granted to the federative entities indicated is modified published in the Official Gazette of the Federación on February 22, 2024" published in the Official Gazette of the Federación on April 5, 2024;
II. Arrears: the amounts that the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit owe in accordance with the agreements celebrated with the subsidiary productive company CFE Basic Services Supplier derived from the tariff supports granted to those federative entities. Those arrears must be registered in the accounting, financial, administrative and budgetary controls that correspond;
III. Tariff Supports: the tariff supports granted to the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit in accordance with the agreements celebrated with the subsidiary productive company CFE Basic Services Supplier and that correspond to those referred to in the section of considerations of the Agreement;
IV. CFE SSB: the subsidiary productive company named CFE Basic Services Supplier;
V. Federative Entities: the federative entities of Baja California, Baja California Sur, Sonora, Sinaloa and Nayarit;
VI. Rules of Operation: these rules of operation;
VII. SHCP: the Secretariat of Treasury and Public Credit;
VIII. Subsidies: the federal public resources that the SHCP, through the Budgetary Policy and Control Unit and charged to the General Branch 23 Salary and Economic Provisions, grants to the Federative Entities, which are transferred to CFE SSB, on behalf and order of the Federative Entities, to contribute to the payment of the Arrears derived from the Tariff Supports, and
IX. UPCP: the Budgetary Policy and Control Unit.
It will be the responsibility of the Federative Entities and of CFE SSB, as appropriate, to attend to the requests of the UPCP, within the term established in the communication referred to in the paragraph above, with the purpose that compliance is given to what is established in the Agreement and in the Rules of Operation.
For the purposes of the Rules of Operation, all procedures with the UPCP must be managed directly between public servants, without the intermediation of third parties.
Chapter III
Of the granting of the Subsidies for the payment of the Arrears corresponding to the fiscal years of 2022 and of 2023
For the purposes of what is stated in the previous paragraph, CFE SSB must communicate by letter to the SHCP, through the UPCP, the Arrears of the Federative Entities derived from the Tariff Supports corresponding to the fiscal years of 2022 and of 2023, as well as the identification data of the bank account in which the UPCP will carry out the transfer of the resources to CFE SSB.
Based on the agreements referred to in the previous paragraph, charged to the Subsidies, the SHCP, by conduct of the UPCP and subject to the budgetary availability of the General Branch 23 Salary and Economic Provisions, will transfer to CFE SSB no later than the end of the fiscal year of 2024, on behalf and order of the Federative Entities, the resources to contribute to the payment of the Arrears derived from the Tariff Supports corresponding to the fiscal years of 2022 and of 2023.
Chapter IV
Of the programming and budgeting of the Subsidies to contribute to the payment of the Arrears derived from the Tariff Supports corresponding to the fiscal year of 2024 and subsequent years
For the purposes of the foresight of resources in the draft referred to in the previous paragraph, the UPCP takes into consideration, in terms of the general criteria of economic policy, the amount of the Arrears of the Federative Entities corresponding to the fiscal year immediately preceding that in which that draft is prepared, in accordance with the communication of CFE SSB referred to in subsection a) of section 9 of the Rules of Operation.
Chapter V
Of the granting of the Subsidies to contribute to the payment of the Arrears derived from the Tariff Supports corresponding to the fiscal year of 2024 and subsequent years
a) CFE SSB will communicate by letter to the UPCP no later than in the month of June of each fiscal year the amount of the Arrears of each one of the Federative Entities corresponding to the fiscal year immediately preceding, as well as the identification data of the bank account in which the UPCP will carry out the transfer of the resources to CFE SSB, and if applicable, attach the corresponding documentation.
The amounts of the Arrears must correspond to those derived from the Tariff Supports.
In the event that the total amount of the Arrears of the Federative Entities is higher than the amount specifically approved in the General Branch 23 Salary and Economic Provisions to cover the same, the resources corresponding to the difference that results to cover the Arrears would be subject to the budgetary availability of that general branch, in accordance with what is stipulated in the agreements referred to in the subsection next.
b) The Federative Entities and CFE SSB will celebrate with the SHCP, through the UPCP, during the month of July of each fiscal year, the respective agreements in which, among other aspects, they will establish the terms, deadlines and conditions for the UPCP to transfer to CFE SSB on behalf and order of the Federative Entities the resources to contribute to the payment of the Arrears derived from the Supports Tariff of the immediately preceding fiscal year.
The amount that is established in the agreements will be determined in accordance with the quantity of the Arrears communicated by CFE SSB; to the amount specifically approved in the General Branch 23 Salary and Economic Provisions to cover the Arrears, and to the budgetary availability of that general branch in the event that refers to the last paragraph of the previous subsection.
Chapter VI
Of the supporting documentation of the delivery of the Subsidies and of the transfer of the resources
CFE SSB must deliver to the UPCP within the term of ten business days counted from the next business day after the receipt of the resources referred to in sections 7, second paragraph, and 10 of the Rules of Operation, the official letterhead document or documents issued by the competent public servant in which the receipt of the resources on behalf and order of each Entity Federative is accredited.
CFE SSB once it has received the resources referred to in sections 7, second paragraph, and 10 of the Rules of Operation must communicate to the Federative Entities, within the term of five business days following, the amount of the payment received with respect to the Arrears derived from the Supports Tariff.
The Federative Entity will have a term of ten business days counted from the next business day after the receipt of the resources in CFE SSB referred to in sections 7, second paragraph, and 10 of the Rules of Operation, to deliver to the UPCP the official document that accredits the receipt of the Subsidies destined to contribute to the payment of the Arrears derived from the Tariff Supports.
Chapter VII
Of the report on the destination of the Subsidies
Chapter VIII
Of the responsibilities of the Federative Entities
The foregoing, without prejudice to the attributes that the federal authorities have conferred in matters of oversight.
Chapter IX
Of the transparency and accountability of the Subsidies
Likewise, the Federative Entities must comply with the supervision and control mechanisms on the verification of the exercise of the Subsidies, as well as with the provisions of transparency and accountability in accordance with what establishes the General Law of Government Accounting and the other applicable legal provisions.
TRANSITIONAL
FIRST. - The Rules of Operation will enter into force on the day of their publication in the Official Gazette of the Federación.
SECOND. - For the purposes of the foresight of resources that correspond in the draft of budget of the General Branch 23 Salary and Economic Provisions for the fiscal year of 2025 that refers to section 8 of the Rules of Operation, the UPCP will consider the total amount of the Arrears of the Federative Entities derived from the Tariff Supports corresponding to the fiscal year of 2023, which by letter CFE SBB communicates to the UPCP.
Issued in Mexico City on the 18th day of the month of April of 2024. - The Head of the Unit of Budgetary Policy and Control, Alejandra Cañizares Tello. - Rubric.
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