Draft law on improving STH investment to parliamentary committees

The draft law on the improvement of STH investments, which, among other things, assumes that the transformation of Przedsiębiorstwo Państwowe “Porty Lotnicze” into a joint-stock company, in which the Treasury will be the sole shareholder, was submitted to parliamentary committees on Thursday.

Earlier on Thursday, MPs from most opposition clubs and circles filed motions in the Sejm to reject the entire bill to improve the investment process of the Central Communication Port.

In the vote, 230 MPs were in favor of further consideration of the bill, 209 were against in the first reading and 3 MPs abstained. Ultimately, the project will be handled by the Parliamentary Infrastructure Committee and the Energy, Climate and State Property Committee.

Presenting the project to the Sejm on Thursday, Deputy Infrastructure Minister Marcin Horała said it contains a whole range of solutions that will help speed up the pace of work on the implementation of the STH.

He added that these solutions will also help to organize the future business market for airports in Poland, or streamline the process of voluntary real estate purchase; They will also introduce solutions that allow for more favorable terms for this acquisition.

Horała stated that the law would ensure the merger of the state-owned enterprise “Polish Airports” with the CPK into one strong capital group.

“I would like to point out to your deputies that the position of residents willing to voluntarily sell their real estate to investors will improve. It is also a very important demand from the social side, which we are implementing “- said the deputy minister.

He added that the design also foresees a change that will allow residents to use their properties for longer.

“This is especially important for farmers engaged in agricultural activities, for example, who can harvest the crops sown, will have more time to move their production to another place” – he emphasized.

Horała added that the draft also assumes that the value of the advance for compensation will be increased so that even a person who may not agree with the amount of compensation paid can arrange their life elsewhere.

According to the terms of the project, the role of the CPK special purpose vehicle should be strengthened as it will be given the same powers as other investors making investments for public purposes, for example the railway infrastructure manager PKP PLK. This concerns, among other things, the possibility of expropriation with a view to the construction of railway lines for the treasury and the establishment of the perpetual usufruct.

The rights of the company CPK in the context of the right to use real estate temporarily for the purpose of research and measurements (including environmental, archaeological, geological and conservation area), as well as the regulations on liability for damage in this regard will be clarified. The possibility of early execution of preparatory works before the issuance of the building permit will be introduced (similar to the legal solutions related to the construction of nuclear power plants under the relevant special law).

The law also introduces the establishment of the local plan of STH, adopted by the voivode at the request of the government’s plenipotentiary for STH. The method and period of temporary land use can be recorded in the local CPK plan and agreements can be made about the intended use.

The law also aims to streamline the investment and construction process in terms of the so-called investments accompanying STH (for example, railway lines, ie the so-called STTH spokes).

The project also provides a number of incentives for residents to sell real estate in a large area of ​​STH’s future site before the formal determination of this site through a board decision (ie before expropriation). Under the assumptions of the law, as part of the Voluntary Acquisition Program (PDN), the CPK company can increase the purchase price, increasing the market value of the property by 10%. in the case of land and 20 percent. in respect of a residential building or for premises constituting a separate property.

The new regulations provide that the CPK company may purchase the property at a price equal to its replacement value without regard to the degree of wear and tear.

Another point of departure of the project is the introduction of a pension in connection with the cessation of agricultural activities. This solution was introduced at the request of the residents. It can be established for a person who, on June 30, 2021, owned real estate in the area where special rules for the purchase of real estate will apply, before the sale of the real estate to CPK was insured with KRUS and ceased agricultural activity in related to the sale of real estate to CPK. The amount of the pension depends on the age of the person concerned. The amount will vary: from the equivalent of the lowest agricultural retirement pension (currently PLN 1,338 gross) to the value of the minimum wage for work (PLN 3,010 gross).

A condition for determining the annuity is the purchase of real estate by the company CPK at the price stated in the valuation report in accordance with the provisions on property management.

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