El futuro de la regulación del sector del abastecimiento en España

La gestión del servicio de abastecimiento de agua es un tema de muy relevante y de plena actualidad, no solo en España sino a nivel mundial. En España, desde la forma de prestación del servicio a través de la gestión directa o la gestión indirecta, o el tipo en sí de gestión indirecta que se desarrolle –empresa privada, pública o mixta- dan como resultado prácticamente tantas situaciones como ayuntamientos existen ya que la competencia es municipal, según reconoce la Ley de Bases de Régimen Local. La heterogeneidad de circunstancias de gestión de los recursos hídricos, la fragmentación de un sector clave y la falta de indicadores comparables entre diferentes opciones para la prestación de este servicio, parece indicar la necesidad de apostar por la creación de un ente regulador independiente dada la naturaleza monopolística del sector del abastecimiento y el saneamiento, junto con el carácter esencial del bien que se gestiona. Mientras que las instituciones gubernamentales dictan las políticas generales a través de leyes y reglamentos, los operadores -públicos, privados o mixtos- son los responsables de prestar los servicios a la población, y sería el órgano regulador quien velaría por el cumplimiento de las normas. El MAGRAMA está estudiando la posibilidad de elaborar una Ley sobre el Ciclo Integral del Agua de Uso Urbano con las dificultades que esto tiene en consideración a las competencias de las Comunidades Autónomas, lo que sin duda ayudaría a homologar la gestión del agua urbana en España, regulando un monopolio natural, ahora en manos de más de 8.100 municipios y un reducido número de empresas concesionarias, auténticas detentadoras de estos servicios. En este trabajo tratamos de analizar las ventajas que supondría para España contar con una agencia de regulación similar a las existentes en numerosos países, tanto europeos como de América Latina.

Mixed Public-Private Enterprises in Europe: Economic Theory and an Empirical Analysis of Italian Water Utilities. Bruges European Economic Research (BEER) Papers 4/July 2006

Mixed enterprises, which are entities jointly owned by the public and private sector, are spreading all over Europe in local utilities. Well aware that in the vast majority of cases the preference of local authorities towards such governance structure is determined by practical reasons rather than by the ambition to implement new regulatory designs (an alternative to the typical “external” regulation), our purpose is to confer some scientific value to this phenomenon which has not been sufficiently investigated in the economic literature. This paper aims at proposing an economic analysis of mixed enterprises, especially of the specific configuration in which the public partner acts as controller and the private one (or “industrial” partner) as service provider. We suggest that the public service concession to mixed enterprises could embody, under certain conditions, a noteworthy substitute to the traditional public provision and the concession to totally private enterprises, as it can push regulated operators to outperform and limit the risk of private opportunism. The starting point of the entire analysis is that ownership allows the (public) owner to gather more information about the actual management of the firm, according to property rights theory. Following this stream of research, we conclude that under certain conditions mixed enterprises could significantly reduce asymmetric information between regulators and regulated firms by implementing a sort of “internal” regulation. With more information, in effect, the public authority (as owner/controller of the regulated firm, but also as member of the regulatory agency) can stimulate the private operator to be more efficient and can monitor it more effectively with respect to the fulfilment of contractual obligations (i.e., public service obligations, quality standards, etc.). Moreover, concerning the latter function, the board of directors of the mixed enterprise can be the suitable place where public and private representatives (respectively, welfare and profit maximisers) can meet to solve all disputes arising from incomplete contracts, without recourse to third parties. Finally, taking into account that a disproportionate public intervention in the “private” administration (or an ineffective protection of the general interest) would imply too many drawbacks, we draw some policy implications that make an equitable debate on the board of the firm feasible. Some empirical evidence is taken from the Italian water sector.

Report of recommendations, 1983.

Issued pursuant to Section 9 of the "Regulatory Agency Sunset Act."

A Study of Shallow Groundwater Migration through Anthropogenic Fill along a Seawall

This report provides the findings and opinions of a historical document review, hydraulic balance calculation, and proposed additional study for a property that was historically used as a bulk petroleum storage and distribution facility. The property lies along the base, west, of a heavily vegetated bluff with a tidally influenced body of water west-adjacent to the property. The western portion of the property is bounded by a seawall spanning approximately 3,200 linear feet trending north-south. The seawall’s construction details are not known, save for a 225-foot section of driven sheet pile wall located within the northern portion of the property’s seawall. Due to the presence of petroleum hydrocarbons in soil and groundwater at the property, a cleanup action for the property will likely be overseen by the state regulatory agency. The property is currently undergoing remedial investigation in an effort to identify the lateral and vertical extent in which contaminants at the property have come to be located, also known as the “site” as defined by the Model Toxics Control Act (MTCA). The majority of the property bounded within the seawall area has been characterized; however, the shoreline sediments located immediately west-adjacent of the seawall have not been properly delineated. Identifying the bounds of the site to the west within sediment is pivotal for the purposes of the remedial investigation. Since the west-adjacent shoreline is so extensive, conducting a complete sediment sampling event along the entire shoreline would be cost-prohibitive due to analytical costs and logistical issues at the property. Because of the extensive nature of the shoreline, it would greatly benefit the client and project to focus sampling efforts at areas of greater risk for contaminants along the shoreline by identifying potential preferential pathways for contaminants to migrate off of the property and into adjacent shoreline sediments. The review of historical studies of the property yielded some useful information; however much of the findings included within the historical studies were lacking original raw data, therefore limiting the information obtained. The calculated hydraulic balance for the property yielded a relatively large surplus of recharge to groundwater after precipitation events, reinforcing the concept that contaminant have potentially historically, and currently, been migrating into the adjacent shoreline through preferential pathways along the seawall. Due to the limitation within the historical studies for the property as well as the groundwater recharge identified in the hydraulic balance, an additional study was proposed in an effort to provide additional aquifer characteristics along the seawall, and the ability to observe flow propagation at and proximate to the seawall in two-dimensions through time without the need to piece separate studies together. This proposed study includes a single simultaneous tidal study which comprises select monitoring points along the seawall. This report has identified the need for additional data that can be collected through available avenues for the property based upon the client’s desires and project needs. Ultimately, the proposed additional study is suggested based upon its relatively low capital investment, and ability meet the requirements relevant to the specific project needs and scope. Assuming preferential pathways are identified through the additional study proposed within this report, a representative and cost-effective sediment sampling plan can then be put in place in an effort to define the site.

Adverse drug reaction teaching in UK undergraduate medical and pharmacy programmes

Objectives: To assess the extent of teaching about the Committee on Safety of Medicine's Yellow Card scheme and adverse drug reactions within UK Schools of Medicine and Pharmacy. Methods: A self-completed questionnaire sent to all heads of undergraduate schools of medicine and pharmacy within the UK. Results: The majority of undergraduate syllabuses feature the Yellow Card Scheme. Knowledge of the Yellow Card Scheme was assessed in 79% of pharmacy programmes and 57% of medical schools. Specialist speakers on the Yellow Card Scheme were infrequently used. Fewer than half of respondents provided students with a guide to reporting ADRs (43% pharmacy and 43% medical). There is some disagreement about the value of supplying students with printed material about the Yellow Card Scheme. Half of medical Schools did not think that supplying 'Current Problems In Pharmacovigilance' would be useful. Conclusions: It was found that in both medicine and pharmacy, courses differed substantially in teaching about the Yellow Card Scheme and adverse drug reactions (ADRs). There is scope for increased involvement of the Medicines and Healthcare products Regulatory Agency in undergraduate education, in line with recommendations from the National Audit Office.

Políticas de geração distribuída e sustentabilidade do sistema elétrico

Tese (doutorado)—Universidade de Brasília, Centro de Desenvolvimento Sustentável, 2015.

A regulação diante da evolução da essencialidade do serviço público : a reclassificação da banda larga como serviço de telecomunicações nos Estados Unidos

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.

Public hearings as a tool to improve participation in regulatory policies: case study of the National Agency of Electric Energy

The participation of citizens in public policies is an opportunity not only to educate them, but also to increase their empowerment. However, the best way for deploying participatory policies, defining their scope and approach, still remains an open and continuous debate. Using as a case study the Brazilian National Agency of Electric Energy (Aneel), with its public hearings about tariff review, this paper aims at analyzing the democratic aspects of these hearings and challenges the hypothesis of many scholars about the social participation bias in this kind of procedure. This study points out a majority participation of experts, contrasting with the political content of discussions. And, this way, it contributes to a critical analysis of the public hearings as a participatory tool, indicating their strengths and their aspects which deserve a special attention.

Transnational private authority, regulatory space and workers' collective competences: Bringing local contexts and worker agency back in

The impact of transnational private regulation on labour standards remains in dispute. While studies have provided some limited evidence of positive effects on 'outcome standards' such as wages or occupational health and safety, the literature gives little reason to believe that there has been any significant effect on 'process rights' relating primarily to collective workers' voice and social dialogue. This paper probes this assumption by bringing local contexts and worker agency more fully into the picture. It outlines an analytical framework that emphasizes workers' potential to act collectively for change in the regulatory space surrounding the employment relationship. It argues that while transnational private regulation on labour standards may marginally improve workers access to regulatory spaces and their capacity to require the inclusion of enterprises in them, it does little to increase union leverage. The findings are based on empirical research work conducted in Sub-Saharan Africa.

The role of rules-based compliance systems in the new EU regulatory landscape: perspectives of institutional change and agency

The financial crisis of 2007-2009 and the subsequent reaction of the G20 have created a new global regulatory landscape. Within the EU, change of regulatory institutions is ongoing. The research objective of this study is to understand how institutional changes to the EU regulatory landscape may affect corresponding institutionalized operational practices within financial organizations and to understand the role of agency within this process. Our motivation is to provide insight into these changes from an operational management perspective, as well as to test Thelen and Mahoney?s (2010) modes of institutional change. Consequently, the study researched implementations of an Investment Management System with a rules-based compliance module within financial organizations. The research consulted compliance and risk managers, as well as systems experts. The study suggests that prescriptive regulations are likely to create isomorphic configurations of rules-based compliance systems, which consequently will enable the institutionalization of associated compliance practices. The study reveals the ability of some agents within financial organizations to control the impact of regulatory institutions, not directly, but through the systems and processes they adopt to meet requirements. Furthermore, the research highlights the boundaries and relationships between each mode of change as future avenues of research.

The EU’s Choice of Regulatory Venues for Trade Negotiations: A Tale of Agency Power?

This article focuses on the EU’s strategy for choosing regulatory venues to negotiate trade agreements. It analyses the existence of a clear venue hierarchy since the late 1990s and the recent change leading to a blurring of any clear preference for using bilateral, inter-regional or multilateral settings. The article challenges domestic explanations of the EU’s choice of venue, stressing the autonomy of the Commission as a major factor. Using a principal-agent framework, it shows that the Commission’s agenda-setting powers, the existence of interest divergence among principals (e.g. Member States, business groups) and the multi-level system facilitate agency.

Examining a key aspect of agency-to-business relationships:the effects of regulatory control on the satisfaction of regulated firms

This paper studies an overlooked, but highly important relationship, the relationship that exists between regulatory agencies (e.g., the EPA, OSHA, and the FDA) and the for-profit businesses they attempt to govern. Drawing on business-to-business control and satisfaction research, a framework is developed to understand how regulatory control influences the satisfaction levels of customer firms. Regulatory control is disaggregated into four distinct facets: the controlling agency, the rules and regulations of control, the processes used by the agency to apply the regulations, and sanctions. Each facet is hypothesized to have an effect on satisfaction. A regulator's administration of state food safety regulations provides the empirical context for testing the hypotheses. Results from a survey of 173 restaurants provide empirical support for the conceptual model. Most importantly, the study finds that the informal control process increases customer satisfaction, while the formal control process decreases customer satisfaction. We discuss how these and other findings may contribute to more effective agency-to-business relationships and ongoing research.

Multi-Principal Agency and the Compliance with Professional Guidelines in Health Systems: Economic and Regulatory Perspectives

Amid the trend of rising health expenditure in developed economies, changing the healthcare delivery models is an important point of action for service regulators to contain this trend. Such a change is mostly induced by either financial incentives or regulatory tools issued by the regulators and targeting service providers and patients. This creates a tripartite interaction between service regulators, professionals, and patients that manifests a multi-principal agent relationship, in which professionals are agents to two principals: regulators and patients. This thesis is concerned with such a multi-principal agent relationship in healthcare and attempts to investigate the determinants of the (non-)compliance to regulatory tools in light of this tripartite relationship. In addition, the thesis provides insights into the different institutional, economic, and regulatory settings, which govern the multi-principal agent relationship in healthcare in different countries. Furthermore, the thesis provides and empirically tests a conceptual framework of the possible determinants of (non-)compliance by physicians to regulatory tools issued by the regulator. The main findings of the thesis are first, in a multi-principal agent setting, the utilization of financial incentives to align the objectives of professionals and the regulator is important but not the only solution. This finding is based on the heterogeneity in the financial incentives provided to professionals in different health markets, which does not provide a one-size-fits-all model of financial incentives to influence clinical decisions. Second, soft law tools as clinical practice guidelines (CPGs) are important tools to mitigate the problems of the multi-principal agent setting in health markets as they reduce information asymmetries while preserving the autonomy of professionals. Third, CPGs are complex and heterogeneous and so are the determinants of (non-)compliance to them. Fourth, CPGs work but under conditions. Factors such as intra-professional competition between service providers or practitioners might lead to non-compliance to CPGs – if CPGs are likely to reduce the professional’s utility. Finally, different degrees of soft law mandate have different effects on providers’ compliance. Generally, the stronger the mandate, the stronger the compliance, however, even with a strong mandate, drivers such as intra-professional competition and co-management of patients by different professionals affected the (non-)compliance.

[lay Agency And Healthcare: Producing Healthcare Maps].

This study aimed to characterize which regulatory logics (other than government regulation) result in healthcare output, using a two-stage qualitative study in two municipalities in the ABCD Paulista region in São Paulo State, Brazil. The first stage included interviews with strategic actors (managers and policymakers) and key health professionals. The second phase collected life histories from 18 individuals with high health-services utilization rates. An analysis of the researchers' involvement in the field allowed a better understanding of the narratives. Four regulatory systems were characterized (governmental, professional, clientelistic, and lay), indicating that regulation is a field in constant dispute, a social production. Users' action produces healthcare maps that reveal the existence of other possible health system arrangements, calling on us to test shared management of healthcare between health teams and users as a promising path to the urgent need to reinvent health.

Regulation in the Age of Globalization: The Difussion of Regulatory Agencies across Europe and Latin America

One of the most notable characteristics of the change in governance of the past two decades has been the restructuring of the state, most notably the delegation of authority from politicians and ministries to technocrats and regulatory agencies. Our unique dataset on the extent of these reforms in seven sectors in 36 countries reveals the widespread diffusion of these reforms in recent decades. In 1986 there were only 23 agencies across these sectors and countries (less than one agency per country); by 2002 this number had increased more than seven-fold, to 169. On average these 36 countries each have more than four agencies in the seven sectors studied. Yet the widespread diffusion of these reforms is characterized by cross-regional and cross-sectoral variations. Our data reveal two major variations: first, reforms are more widespread in economic regulation that in social spheres; second, regulatory agencies in the social spheres are more widespread in Europe than in Latin America. Why these variations in the spread of the reforms? In this paper we present for the first time the regulatory gaps across regions and sectors and then move on to offer some explanations for these gaps in a way that sheds some light on the nature of these reforms and on their limits. Our explanatory framework combines diffusion and structural explanations and in doing so sheds new light on the global diffusion of public policy ideas.