「公有公共設施效能提升及維修法」立法之可行性研究

Abstract

國內近年因天災及公共設施缺乏適當維護管理，造成民眾生命財產損失之事件接連不斷。如1999年台電老舊電塔傾倒，造成全台大停電；2000年高屏大橋斷橋；2004年石門水庫於愛莉颱風過後三週內停止民生供水；2008年后豐大橋等橋，因辛樂克颱風豪雨斷橋造成人員傷亡等。究其原因，除為自然災害及環境變化等不利影響外，尚因政府長期「重興建，輕維護」，致使公共設施維護經費不足、人力短缺、組織體系不夠完整。反觀國外先進國家如美國、日本等，其對於改善老舊運輸系統、老舊河堤沖毀均立有專法。並訂定計畫，分未來5、15、30及50年期，按部就班，推動及更新各類公共設施。 有鑑於此，筆者認為政府應即制定「公有公共設施效能提升及維修法」，作為公共設施維修、修復及重建工作之法律依憑。有幸筆者奉派負責辦理該法草案制定工作，乃與支援團隊針對美、日相關法規進行調研，並對國內107個相關法規作業程序、手冊等進行檢視。同時透過訪談公、私部門相關專家學者及召開座談會等蒐集相關意見，終研提出該法案草案條文共計16條，內容揭櫫評等機制、定期體檢、維修計畫、統籌組織、優先排序、高優先處置等理念。並經評估確實可行，且為顧及立法期程，恐過冗長難以掌控，乃同時研提「公有公共設施效能提升及維修推動方案」作為因應。除要求工程主辦機關，將維護管理成本及作法納入設計方案評估。並於完工時建立維護手冊，確立維管組織及經費需求外，亦提出相關建議與後續研究工作，以致力建構永續發展理念，推動永續公共建設。

In recent years, a series of natural disasters combined with a lack of adequate management practices for the maintenance of public utility has resulted in repeated instances of loss of property and life in Taiwan. For example, in 1999 the collapse of an decrepit Taipower pylon resulted in a national power outage; in 2000 the Pingtung Bridge collapsed; in 2004 the Shimen Resevoir was forced to stop providing water to Northern Taiwan for three weeks after Typhoon Aere left the island; and in 2008 several injuries and deaths resulted when the Houfeng Bridge along with several others collapsed after heavy rains from Typhoon Sinlaku. While there is a certain amount of inevitableness to natural disasters and the consequences of climate change, blame must also be assigned to the government’s long-term attitude of giving precedence to building projects over maintenance and the resulting budgeting shortages, lack of human resources, and an inadequate organizational structure for meeting maintenance requirements. By comparison, advanced countries such as the U.S. and Japan have all established special acts for improving out-dated transportations systems and damaged dikes and drawn up 5-, 15-, 30- and 50-year plans for renewing various types of public utility. Given this, the government should draw up a “Public Utility Performance Improvement and Maintenance Act” to serve as a legal basis for the maintenance, rehabilitation, and reconstruction of the public utility. Fortunately, I had the opportunity to be assigned the task of drawing up a draft of such an act. In the course of doing so, I and a supporting team carried out research on related Acts in the U.S. and Japan and reviewed 107 dowestic acts/ sop s/manuals currently in place in Taiwan. We also met with and interviewed scholars in related areas affiliated with both public and private institutions and held seminars to collect as much related information and input as possible. The resulting draft contained 16 articles in addressing issues concerning rating mechanism, periodic inspections, mid-termprograms integrationbody,ranking scheme and prioritized execution. A review of the draft showed that it was feasible to put into effect; however, concerns about a long, unpredictable review process in the Legislative Yuan led us to look into putting forth the “Public Utility Performance Improvement and Maintenance SOP”. In addition to requiring the relevant construction authorities to include maintenance costs and methods in their reviews of future projects, this Act calls for the preparation of a maintenance manual at the completion of each project that would specify the agency in charge of maintenance and insure corresponding funding as well as including relevant suggestions and follow-up research projects in order to implement the concept of sustainable development and promote the sustainable development of public utility.