2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 501 - Environmental Public Policy (§§ 8001 — 8007f) › Subchapter II - Environmental Quality Board (§§ 8002 — 8002p) › § 8002b - Chair and the Governing Board—Duties

(a) The Chair of the Governing Board of the Environmental Quality Board shall have, among other duties conferred by law, the following duties and powers:
(1) Presiding over meetings of the Governing Board and enforcing the decisions approved by such Board.
(2) Directing and supervising all Governing Board activities, and being able to delegate onto other associate members or onto the alternate member any functions or tasks as he/she may deem pertinent.
(3) Being the Executive Director of the organization, and in such a capacity, he/she shall direct and supervise all administrative and technical activities of the Environmental Quality Board, and be able to delegate administrative functions provided for in this chapter onto his/her subordinates and other associate members. Furthermore, in his/her capacity as Executive Director, he/she shall have the functions and duties provided for in subsection (a) of § 8002c of this title and any other functions and duties that the Governing Board may delegate or entrust onto him/her.
(4) Creating the internal organization necessary for discharging the functions entrusted onto the Environmental Quality Board to serve the purposes of this chapter and being able to appoint the officials and employees thereof, pursuant to Act No. 5 of October 14, 1975, as amended, known as the “Puerto Rico Public Service Personnel Act”. He/She shall adopt rules for the organization and the internal procedures of the Environmental Quality Board. It is hereby expressly provided that the Chair shall create the Internal Audit Office of the Environmental Quality Board, which shall, at the very least, be attached to the Governing Board and be provided with full autonomy and authority to commence internal audits as it may deem necessary or convenient.
(5) Acting as the official charged with administering any federal environmental program which, due its nature, purpose and scope, is related with the functions being entrusted onto the Board by law. In this capacity, he/she may enter into and handle any covenants or agreements as necessary to carry out the pertinent programs and efforts within the bounds of his/her functions and the laws of Puerto Rico.
(6) Reporting, at least once a year, to the Legislature and the Governor on environmental status and conditions, pursuant to the provisions of § 8002 of this title.
(7) Making and furnishing any studies and reports thereon, as well as recommendations on matters of policy and legislation as required by the Governor.
(8) Charging the corresponding fees for copies of its publications or studies in order to recover the expenditures incurred on account of their printing and reproduction. The revenues thus obtained shall be covered into the special account set for the Environmental Quality Board. However, in his/her discretion, he/she may distribute free copies of such publications to persons or entities as he/she may deem convenient.
(9) Appointing examining officers to preside over public hearings, for whom he/she shall fix, if these are not employees of the Environmental Quality Board, the corresponding compensation.
(10) Hiring the professional services of attorneys-at-law and experts so that they may advise or represent him/her in their respective concerns or legal affairs within their professional expertise, for whom he/she shall fix the corresponding compensation.
(11) Hiring the services of highly specialized persons, including professional and counseling services, when necessary to accomplish the purposes of this chapter.
(12) Establishing and awarding, in coordination with the Commonwealth Personnel Office, scholarships to private individuals to pay for studies relative to natural resources and environmental conservation and solid waste disposal, which scholarships may cover any expenses as deemed necessary in the judgment of the Environmental Quality Board.
(13) Requesting, accepting and obtaining the cooperation and the technical and financial assistance of federal, Commonwealth or municipal agencies or private industries or entities, as provided for in the applicable legislation and regulations, in order to accomplish the purposes of this chapter.
(14) Requiring that any government body and the officials and employees thereof provide the necessary assistance to comply with the provisions of this chapter and/or the regulations approved thereunder.
(15) Being able to accept donations and to provide that fines and royalties are to be spent in conducting special studies pursuant to the provisions of this chapter, and to use the assistance made available by other public and private agencies.
(16) Being able to accept, receive, and administer donations or funds from public, semi-public or private entities or entities of the United States Government or any of its instrumentalities, and from the Puerto Rico Conservation Trust, with the objective of accomplishing the purposes of this chapter.
(17) Entering into covenants with any political subdivision, department, agency, authority, public corporation, educational institution or instrumentality of the Government of the Commonwealth of Puerto Rico or the United States of America or any private corporation or entity, with the purpose of obtaining or providing professional or any other services and of obtaining or providing facilities to accomplish the purposes of this chapter. The covenants shall specify the services and facilities that are to be obtained or provided and the refund or payment for such services or facilities or whether such services are to be rendered gratis. Refunds or payments received on account of services or facilities thus provided shall be covered into the General Fund of the Commonwealth Treasury, except that in the case of public corporations, authorities or instrumentalities whose funds are not under the custody of the Secretary of the Treasury, such refunds or payments shall be covered into the funds of the entity that has provided such services or facilities. As to the Environmental Quality Board, such refunds or payments shall be covered into the special account set for the Environmental Quality Board.
(18) Preparing and developing projects and programs for the benefit of the environment, for the conservation of our environment and our natural resources, for addressing noise pollution, and for the proper disposal of solid waste pursuant to the provisions of §§ 1301–1319 of this title, known as the “Puerto Rico Solid Waste Authority Act”, and §§ 4001 et seq. of Title 21, known as the “Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991”.
(19) Discharging any other functions and responsibilities delegated or entrusted onto the Chair by the Governor or by special laws.
(b) Associate members assembled into the Governing Board shall be responsible for discharging the following duties, powers, and functions:
(1) Adopting rules for the internal proceedings and organization of the Governing Board.
(2) Discharging the adjudicative functions delegated onto the Environmental Quality Board, and in such a capacity, they shall consider and resolve all cases or controversies relative to the application of this and any other laws and regulations administered by the Environmental Quality Board. The Board shall be empowered to adjudicate cases and controversies presented before such Board by private citizens or by officials of other agencies, departments, municipalities, public instrumentalities or corporations, concerning alleged violations of the laws and regulations administered thereby, on the grounds of evidence presented and admitted in the corresponding adjudicative hearing, and to impose fines as pertinent pursuant to the provisions of § 8002j of this title.
(3) Being able to designate administrative judges and delegating onto the latter their adjudicative powers; Provided, That all requests for reconsideration of final determinations made by the latter shall be presented before the whole of the Governing Board and considered pursuant to the provisions of the Uniform Administrative Procedures [Act], §§ 2101 et seq. of Title 3, and the regulations approved thereunder by the Board.
(4) Discharging the rulemaking functions delegated onto the Environmental Quality Board.
(5) Assisting and advising the Chair in the preparation of the report on environmental quality required under § 8002 of this title.
(6) Issuing, by request or motu proprio, official interpretations as to the scope and applicability of the laws administered by the Environmental Quality Board and the regulations adopted thereunder by the Board.
(7) Discharging any additional powers and responsibilities delegated onto the Environmental Quality Board under subsection (b) of § 8002c of this title.
History —Sept. 22, 2004, No. 416, § 8, eff. 6 months after Sept. 22, 2004.