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SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON SUSTAINABLE INFRASTRUCTURE

SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON SUSTAINABLE INFRASTRUCTURE

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for systematic maintenance and management of infrastructure and improvement of their performance, thereby ensuring a more stable and efficient operation, under the Framework Act on Sustainable Infrastructure Management.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "infrastructure" means facilities defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
2. The term "maintenance and management" means activities necessary for inspecting and maintaining infrastructure routinely; reinstating damaged sections; and repairing and reinforcing infrastructure, as required as time passes, so as to preserve functions of completed infrastructure and to enhance convenience and safety of users of infrastructure;
3. The term "performance improvement" means activities for improving the value of infrastructure and extending its service life by repairing and changing the major structural members, or the external form, of such infrastructure;
4. The term "performance evaluation" means a comprehensive evaluation of performance, in terms of the structural safety, durability, and usability of facilities required to maintain the functions of infrastructure;
5. The term "life cycle cost" means the total cost incurred throughout the infrastructure's life cycle, including its planning, designing, constructing, operating, maintaining, managing, performance improvement, dismantling, and disposal;
6. The term "management entity" means any of the following persons responsible for managing the infrastructure under the relevant statutes or regulations:
(a) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") and head of an autonomous Gu;
(b) The head of a public corporation belonging to the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government").

Article 3 (Basic Principles) The management entity shall manage infrastructure in accordance with the following basic principles:
(1) It shall minimize the life cycle cost which may increase in an aging society through preemptive management in comprehensive consideration of such factors as its safety, usability, and durability;
(2) It shall create new jobs by facilitating the development of technologies necessary for maintaining and managing infrastructure, improving its performance and by promoting related industries.

Article 4 (Subject Matter of Application) The specific categories and scope of infrastructure under the jurisdiction of Seoul Government in accordance with Article 4 of the Framework Act on Sustainable Infrastructure Management (hereinafter referred to as the "Act") and Article 2 of the Enforcement Decree of the same Act (hereinafter referred to as the "Decree") shall be as prescribed in the attached Table.

Article 5 (Responsibilities of Mayor) (1) The Mayor shall establish and implement comprehensive policies necessary to facilitate the safe and convenient use of infrastructure by citizens.
(2) The Mayor shall secure the necessary budget for maintaining and managing infrastructure and improving its performance, and shall reflect this budget in the mid-term financial plan.
(3) Each management entity shall fully cooperate on the policies of the City; and shall secure financial resources necessary for maintaining and managing infrastructure and improving performance thereof.

Article 6 (Relationship to Other Ordinances of the Seoul Government) Except as otherwise provided in other Ordinances of the Seoul Government, the provisions of this Ordinance shall apply to maintaining and managing infrastructure and improving performance thereof.

Article 7 (Infrastructure Management Plans) (1) Every five years, consistent with a master plan for managing infrastructure under Article 8 (1) of the Act, the Mayor shall establish and implement a plan for managing infrastructure of the City, which includes the following matters (hereinafter referred to as "management plan"):
1. The current status of infrastructure, changes in conditions, and prospects thereof;
2. Basic objectives and basic direction-setting for maintaining and managing infrastructure and improving performance thereof;
3. Matters regarding expenses for managing infrastructure (referring to those broken down by such items as maintenance and management and performance improvement) and raising and operating funds therefor;
4. Matters regarding an implementation plan for maintaining and managing infrastructure and improving performance thereof and its results;
5. Matters regarding a plan for implementing performance evaluation and a fact-finding survey on infrastructure under Article 12 and the results thereof;
6. Matters regarding the collection and preservation of data necessary for the sustainable management of infrastructure;
7. Other matters necessary for systematically maintaining and managing infrastructure.
(2) Where deemed necessary for establishing and modifying a management plan, the Mayor may request a management entity to submit data, such as various statistics, reports, books and documents relating to the subparagraphs of paragraph (1), as part of preparation for establishing a management plan; and the management entity shall comply with such request in the absence of special circumstances to the contrary.
(3) In establishing or modifying a management plan, the Mayor shall seek advice from the Infrastructure Management Committee under Article 15.

Article 8 (Maintenance and Management) A management entity shall maintain and manage infrastructure at a level not below the minimum maintenance and management standards under Article 9.

Article 9 (Determining Minimum Maintenance and Management Standards) (1) The Mayor shall determine and publicly notify indicators representing minimum maintenance and management standards (hereinafter referred to as "minimum maintenance and management standards") for each type of infrastructure under his or her jurisdiction.
(2) In determining and modifying the minimum maintenance and management standards, the Mayor shall consult with the management entity and have it undergo deliberation by the Infrastructure Management Committee under Article 15: Provided, That this shall not apply to any change to minor matters prescribed by Presidential Decree.

Article 10 (Performance Evaluation) (1) A management entity shall conduct performance evaluations of infrastructure under its jurisdiction prescribed by relevant statutes or regulations .
(2) A management entity shall submit a report on the findings from a performance evaluation to the Mayor; and the Mayor shall reflect such findings in establishing a management plan.

Article 11 (Determining Performance Improvement Standards) (1) The Mayor shall determine and publicly notify the standards that a management entity will use to determine whether it is more advantageous to improve performance of each type of infrastructure under his or her jurisdiction or to just maintain and manage the same (hereinafter referred to as "performance improvement standards").
(2) In determining and modifying the performance improvement standards, the Mayor shall consult with the management entity and have it undergo deliberation by the Infrastructure Management Committee under Article 15: Provided, That this shall not apply to any change to minor matters prescribed by Presidential Decree.

Article 12 (Fact-Finding Survey on Infrastructure) (1) The Mayor and management entity may conduct a fact-finding survey on infrastructure regarding the matters prescribed by Article 7 (1) of the Decree, in connection with the following:
1. Formulation and modification of a management plan;
2. The current status of constructing, operating, maintaining, and managing infrastructure;
3. Whether the minimum standards for maintenance and management are met;
4. An implementation plan for performance evaluation or its findings;
5. Whether the performance improvement standards are met and whether performance improvement is adequate;
6. Other matters necessary for learning the status of the infrastructure's management.
(2) In establishing and modifying a fact-finding survey, the Mayor shall seek advice from the Infrastructure Management Committee under Article 15.

Article 13 (Establishment and Operation of Infrastructure Management System) (1) The Mayor may establish and operate a management system for systematically collecting, managing, and utilizing information on the current status of the maintenance and management of infrastructure, improvement of performance thereof, etc.
(2) To ensure the efficient management of infrastructure, the Mayor may request a management entity to enter data and to provide information necessary for operating the infrastructure management system. In such cases, the management entity so requested shall comply, in absence of special circumstances.

Article 14 (Consultative Body on Technology Innovation for Infrastructure) (1) With the aim of developing and applying innovative technology for infrastructure, the Mayor may organize and operate a consultative body on technology innovation for infrastructure (hereinafter referred to as "consultative body"), which consists of members having industrial, academic, governmental, or non-governmental backgrounds.
(2) Details regarding the organization and operation of the consultative body shall be prescribed by rule of the Seoul Government.

Article 15 (Establishment of Infrastructure Management Committee) (1) To deliberate on major policies and plans relating to the management of infrastructure and on the implementation thereof, the Mayor shall establish the Infrastructure Management Committee of the Seoul Metropolitan Government (hereinafter referred to as the "Committee").
(2) The Committee shall conduct deliberations or render advice on the following matters:
1. Advice on the establishment and modification of a management plan under Article 7 (1);
2. Deliberation on the minimum standards for maintenance and management under Article 9 (1);
3. Deliberation on the performance improvement standards under Article 11 (1);
4. Advice on the findings from the fact-finding survey on infrastructure under Article 12 (1);
5. Other matters deemed necessary by the Chairperson.
(3) The Committee shall be comprised of not more than 40 members, including one Chairperson and one Vice Chairperson, taking into account gender diversity.
(4) Members of the Committee shall be appointed or commissioned by the Mayor, from among the following persons, and the position of Chairperson shall be filled by Vice-Mayor II for Administrative Affairs and that of Vice Chairperson by the head of Safety Management Office:
1. Commissioned members: Persons from academia, businesses, non-governmental groups, and members of the Seoul Metropolitan Council with professional knowledge of or experience in infrastructure;
2. Ex officio members: Head of City Transportation Office, Director-General of Financial Planning, Director-General of Water Circulation Safety Bureau, Chief Officer of Waterworks Headquarters, CEO of Seoul Metro, CEO of Seoul Energy Corporation, and CEO of Seoul Facilities Corporation.
(5) The term of office of Committee members shall be two years and may be renewed twice: Provided, That the term of office of a Committee member who is a public official shall correspond to the period during which he or she holds the relevant position.
(6) The Committee shall have one executive secretary to manage its general affairs, the position of which shall be filled by the director-in-charge from Safety Management Office.
(7) The Mayor may dismiss any member who falls under Article 8-2 of the Seoul Metropolitan Government Ordinance on Establishment and Operation of Committees even before his or her term of office expires.

Article 16 (Operation of Committee) (1) Where the Chairperson is unable to perform his or her duties due to unavoidable circumstances, the Vice Chairperson shall perform such duties on his or her behalf.
(2) Meetings of the Committee shall be convened by the Chairperson or at the request of 1/3 of all incumbent members.
(3) Meetings of the Committee shall be convened with the attendance of a majority of all incumbent members, and resolutions shall be adopted by the affirmative vote of a majority of those present.
(4) The Mayor may pay allowances and reimburse travel expenses to the members and experts who attend Committee meetings, within the budget, in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses.

Article 17 (Organization of Subcommittees) (1) For the efficient management of affairs, subcommittees for each field may be established under the Committee.
(2) A subcommittee shall be composed of members appointed or commissioned by the Chairperson; and the chairperson of each subcommittee shall be elected from among its members.
(3) Each subcommittee shall perform the following functions:
1. Review of matters subject to advice or deliberation by the Committee;
2. Professional research and study regarding matters subject to advice or deliberation by the Committee;
3. Other matters mandated by the Committee.

Article 18 (Accumulation of Performance Improvement Reserve) (1) To prepare and address the dilapidation of infrastructure, the Mayor shall set aside the "Performance Improvement Reserve of the Seoul Metropolitan Government (hereinafter referred to as "Performance Improvement Reserve")" to secure financial resources necessary for performance improvement in accordance with a management plan.
(2) The Mayor shall set a target amount for the Performance Improvement Reserve for each management entity; and shall reflect such target amount in the management plan.
(3) The Performance Improvement Reserve shall be funded by the following sources:
1. Revenue from managing and operating infrastructure;
2. Other funds generated by the improved operational efficiency of the City's finance.

Article 19 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Ordinances of the Seoul Government)
The Seoul Metropolitan Government Ordinance on Improvement of Performance and Promotion of Increased Useful Life of Dilapidated infrastructure shall be repealed.
Article 3 (Transitional Measures)
Any administrative action conducted under the provisions of the previous Seoul Metropolitan Government Ordinance on Improvement of Performance and Promotion of Increased Useful Life of Dilapidated infrastructure as at the time this Ordinance enters into force shall be deemed conducted under this Ordinance.
Article 4 (Transitional Measures concerning Organization and Operation of Committee)
Commissioned members, from among the members of the Committee for Improvement of Performance of Dilapidated infrastructure under the provisions of the previous Seoul Metropolitan Government Ordinance on Improvement of Performance and Promotion of Increased Useful Life of Dilapidated Infrastructure as at the time this Ordinance enters into force shall be deemed the members of the Infrastructure Management Committee under Article 15 of this Ordinance; and the date such member is commissioned shall be the base date for calculating his or her term of office.

- Table 1 (Category and Scope of Infrastructure (pursuant to Article 4))