Ley 68-2016 sec. 14 — Ley para la Revitalización de la Autoridad de Acueductos y Alcantarillados de
Puerto Rico / Ley para la Revitalización de la Autorid / Sec. 14
Sección 14. Se enmienda el Artículo 201 en el idioma de inglés de la Ley 21-2016, para que lea como sigue: “SECTION 201.-DECLARATION COMMENCING EMERGENCY PERIOD AND MORATORIUM FOR ANY GOVERNMENT ENTITY; POWERS OF
Status: in_force

THE GOVERNOR (a) Consistent with Section 108, the Legislature hereby directs the Governor to prioritize payment of essential services over covered obligations to promote the health, safety, and welfare of the residents of the Commonwealth during such covered period, as defined in this Act, and the Governor is hereby empowered, by executive order, to declare the Bank or any government entity to be in a state of emergency and identify in such order enumerated obligations of the Bank or any government entity, as applicable, and if the executive order so provides, no payment on a covered obligation of such Bank or government entity shall be made, other than as provided in Sections 202 or 204 of this Act, during the emergency period for such Bank or government entity, as applicable; provided, however, that no principal obligation or interest obligation that constitutes public debt shall become a covered obligation by operation of this Section before five (5) days prior to June 30, 2016. Except as otherwise provided in this Act, any executive order issued under this Subsection may be terminated or modified at any time by the Governor. (b) During the emergency period for any government entity: (i) ... (iv) notwithstanding the provisions of the preceding clauses (i), (ii) and (iii) above, the Governor may take any and all actions that are reasonable and necessary to preserve the Commonwealth’s ability to continue providing essential public services and may take any and all actions reasonable and necessary to protect the health, safety and welfare of the residents of the Commonwealth, including, in each case without limitation, expropriating property or rights in property interests related to a covered obligation in a constitutionally permitted manner pursuant to the Commonwealth’s power of eminent domain, provided, however, that if property is taken pursuant to this Act, just compensation or other relief may be sought in the Court of First Instance, San Juan Part notwithstanding any other provision or this Section of this Act. The provisions of the General Act of Expropriation of March 12, 1903, as amended, will apply to expropriations pursuant to this Section, other than Articles 3 and 3(a), and the requirement of Article 5(a) that funds be deposited in court prior to acquiring title and possession of the property being expropriated, which provisions Rev. 02 de octubre de 2020 www.ogp.pr.gov Página 22 de 87 “Ley para la Revitalización de la Autoridad de Acueductos y Alcantarillados de Puerto Rico” [Ley 68-2016] shall not apply to expropriations of property rights pursuant to this Section, but shall continue to apply to any other expropriation. (c) ... If ordered by the Governor during the emergency period created by this section, the following obligations may by suspended or modified, if applicable, until the end of the covered period, without the need for further legislation,- … iii. any statutory or other obligation to transfer money (or its equivalent), including appropriations, to or from any government entity subject to an emergency period, up to an amount equal to the aggregate debt service payable by such government entity during fiscal year 2017 (or take any action in furtherance thereof); iv. any statutory or other obligation to setoff revenues used to pay or cover, directly or indirectly, a covered obligation that would normally be used or effected to pay or secure any covered obligation (or take any action in furtherance thereof); and/or v. any statutory or other obligation to ensure payment of a covered obligation as if this Act were not enacted (or take any action in furtherance thereof); Provided that, to the extent that a government entity subject to an emergency period receives, from a source other than the Department of Treasury, revenues or other monies whose transfer is suspended or modified pursuant to this Section 201(d), the Secretary of Treasury may, without the need for further legislation, require the entity that collects or holds such funds to transfer such funds to the Department of Treasury. Provided further that any of these provisions shall not be applicable to the municipalities and the Municipal Revenue Collection of Puerto Rico. ...”