Preliminary draft of the Sustainable Mobility Act -

March 2, 2022

Preliminary draft of the Sustainable Mobility Law

The Draft Bill aims to establish the necessary conditions for citizens and businesses to enjoy a sustainable, fair and inclusive mobility system as a tool to achieve greater social and territorial cohesion, contribute to resilient economic development and achieve the objectives of greenhouse gas reduction and air quality. In particular, this law aims to:

To establish the general principles that allow the development of an integrated mobility system for all citizens, safe, sustainable, accessible, inclusive and digitalized, at a reasonable cost for the user and society as a whole.
Facilitate the existence of an efficient, sustainable and resilient freight transport and logistics system.
To provide public administrations with the necessary instruments for the implementation and development of this integrated mobility system.
Strengthen coordination, cooperation and transparency mechanisms in the design and management of public infrastructure, transportation and mobility policies.
To establish a model for the participation of the General State Administration in the financing of urban transport that is governed by the principles of equality, stability, certainty and proportionality.

On the one hand, the Preliminary Title establishes the objectives and purposes of the law. Through five articles, it defines the concepts used in the law, recognizes mobility as a collective right and the need for the administrations to facilitate the exercise of this right, and establishes the guiding principles of the public administrations in this task.

On the other hand, the content of the remaining eight titles is distributed in 107 articles, grouped as follows:

The Title I of the law creates and regulates, as an instrument of cooperation and coordination, the National System of Sustainable Mobility, inspired by other national systems existing in the current legal system, such as the National Civil Protection System, regulated in Law 17/2015, of July 9, the National Health System, regulated in Law 16/2003, of May 28, on cohesion and quality of the National Health System, or the System for Autonomy and Care for Dependency, regulated in Law 39/2006, of December 14.

The Title II includes measures to promote sustainable mobility. Specifically, it integrates a set of precepts, instruments, procedures and initiatives on sustainable mobility that complement Law 7/2021, of May 20, on climate change and energy transition, with the aim of promoting the transition of the supply of the transport system towards more effective, energy efficient, safe, accessible, affordable, equitable and equitable modes, means, services and patterns of mobility with lower emissions.

Chapter I of this title regulates the Sustainable Mobility Orientation Document (DOMOS), as an essential framework of orientations for sustainable mobility planning by all public administrations, as well as the development documents of the DOMOS.
The four Sections of Chapter II address different aspects of mobility planning and management, including specific obligations regarding mobility planning instruments.
Specifically, SECTION 1 establishes the State Strategic Mobility Planning Instrument (IPEEM) and its equivalent for the Autonomous Communities, and includes obligations for the preparation of sustainable mobility plans for local entities, for large centers of activity and sustainable transportation plans for work.
In SECTION 2, the inclusive aspects of mobility are included, including a hierarchy of the system of means of mobility in the urban environment, the promotion of active mobility, inclusive mobility policies and actions for people with functional diversity, as well as the perspectives of gender and non-discrimination in mobility.
SECTION 3 is focused on improving the sustainability of the transport system through complementary actions in certain infrastructures and buildings linked to it.
Finally, SECTION 4 provides elements to improve environmental and energy information and management by transport service operators.

The Title III is dedicated to the planning and management of transport infrastructures and services.

Chapter I refers to the provision of land passenger transportation services and mobility services throughout the territory.
Chapter II defines the public service obligations in the transport services of state competence in accordance with the provisions of European regulations, and establishes certain prescriptions with the purpose of requiring their justification based on reasons of public interest and establishing the appropriate evaluation and monitoring mechanisms.
Chapter III refers to the planning of state-owned transport infrastructures and, specifically, to establishing the criteria that allow for adequate decision making in the planning and construction process.

The Title IV regulates the state financing of urban collective public passenger transportation, which is developed in seven articles.

In the first place, the services to be financed by the State are established, which will be those reserved to local entities by the Law Regulating the Bases of the Local Regime, and certain urban services are also incorporated, even if they are owned by other administrations, thus including other existing ways of attending to urban mobility in an efficient manner and thus increasing the flexibility and equity of the system.
Next, the "Fondo Estatal para el Sostenimiento de la Movilidad, fondo carente de personalidad jurídica" (FESMO-FCPJ) is created as an instrument to manage the subsidies, and the two destinations to which the subsidies may be directed are defined, which are: the operating costs directly related to the provision of the service, and investment projects in the scope of the services regulated in this Title IV.
In order to favor efficiency in the provision and use of public resources, it is decided to link the subsidy to production or demand parameters directly related to operating costs, and not to subsidize a percentage of the amount of these costs, since these could incorporate inefficiencies or distortions that must be combated. Finally, it regulates the calls for investment projects that can be subsidized by the FESMO-FCPJ.

The Title V is dedicated to innovation, digitalization and training in transport and mobility.

Chapter I regulates a sandbox or controlled space for regulatory testing in the field of transportation and mobility, aimed at regulatory innovation, to the extent that its purpose is for the administration to be aware of the innovative activity proposed by the promoter, assess its adaptation to the regulatory framework in force and adopt, if necessary, the regulatory modifications required.
Chapter II deals with automated vehicles and their incorporation into the system of Artificial intelligence is a concept that applies to systems that manifest intelligent behavior, as they are capable of analyzing their environment and taking action (with a certain degree of autonomy) in order to achieve specific objectives.
Chapter III deals with digitization and the promotion of open data in transport and data-driven innovation will bring enormous benefits to citizens, e.g. for new mobility and its contribution to the European Green Pact.

The Title VI is intended to regulate certain matters relating to freight transport and logistics.

The Title VII deals with public participation and transparency.

The Title VIII corresponds to the sanctioning regime, configured under the principle of minimum intervention of the sanctioning law.

The additional, transitory, final and repealing provisions include the following:

The 4th Additional Provision sets the deadline for the approval of the first Sustainable Mobility Orientation Document (DOMOS).
The 5th Additional Provision includes the obligation to include in the DOMOS the annual values that would make up the indicative time paths and milestones of the transport sector in terms of energy consumption, greenhouse gas emissions and other atmospheric pollutants, and other mobility variables, as a contribution to the fulfillment of national objectives in these areas.
Furthermore, the 6th Additional Provision contemplates the preparation of a Strategic Plan for the sustainability of air transport in Spain, based on the analysis of its main environmental impacts and the contribution of each of the actors in the sector's value chain.
Additional Provision 7ª creates the tax for special use of low emission zones and Final Provision 2ª amends Royal Legislative Decree 2/2004, of March 5, which approves the Consolidated Text of the Law of Local Treasuries. This legal empowerment allows municipalities that so wish to introduce a charge for the circulation of vehicles that exceed the maximum limits or categories of free circulation stipulated in the low emission zones.
In addition, the 8th Additional Provision contemplates the obligation of the administrations to have action protocols that can be adopted and implemented in the event of high pollution episodes.
The 9th Additional Provision focuses on the decisive promotion of active mobility and specifically on the role of the bicycle in the transport system, through the creation of a National Plan to promote the use of bicycles.
The 10th Additional Provision includes the information obligations that affect the owners of public access points for fuel refueling and electric vehicle recharging, in order to integrate them into the National Access Points provided for in Directive 2010/40/EU of the European Parliament and of the Council of July 7, 2010, establishing the framework for the implementation of intelligent transport systems in the road transport sector and for interfaces with other modes of transport.
The 2nd Transitional Provision sets the deadline for establishing a new concession map for regular road passenger transport services under state jurisdiction, comprising all the services under state jurisdiction, adjusted to the new principles of the law.
Transitional Provision 3 refers to rail services declared as public service obligations and included in the agreement establishing the public service obligations corresponding to passenger rail transport services under the responsibility of the General State Administration on the general interest rail network approved by the Council of Ministers.
The 3rd Final Provision which includes the amendment of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23, to include in the negotiation of collective bargaining agreements the measures to promote the implementation of sustainable transport plans to work with the scope and content provided in this law (which will be of progressive application as set forth in the 1st Transitional Provision).
The 4th Final Provision proposes the amendment of some articles of Law 16/1987, of July 30, 1987, on Land Transportation Management, to make them consistent with the contents of this law.
Finally, Final Provision 10 establishes that this financing system will be used for the first time for the compensation corresponding to the transportation carried out in 2023, the first settlement of which will be in 2024.

The Draft Bill will enter into force on the day following its publication in the BOE.

The public hearing ends on April 13.