reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995 - Definitions

For purposes of this chapter, the following terms shall have the meaning stated hereinbelow:
(a) Public nuisance.— Any abandoned structure or abandoned, empty, or uncultivated lot unfit to be inhabited or used by humans for being in ruins or in a state of disrepair, or having construction defects, being harmful to the health or safety of the people. Said conditions may include, but are not limited to: structural defects that increase the risk of fire and accidents, as well as a lack of appropriate ventilation or sanitary facilities, electric power, drinking water, and hygiene.
(b) Licensed engineer.— A natural person duly authorized to practice engineering in Puerto Rico pursuant to the provisions of §§ 711 et seq. of Title 20.
History —Jan. 18, 2012, No. 31, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995a - Identification of public nuisance—Studies

Every municipality shall conduct the necessary studies within their geographical limits to identify any real properties that, given their condition, should be considered as a public nuisance.
History —Jan. 18, 2012, No. 31, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995b - Identification of public nuisance; notification

Every municipality shall proceed to identify as a public nuisance all structures or lots that are classified as such, pursuant to the definition contained in § 995(a) of this title, and shall notify the proprietors, owners, and persons with interest of its intention to declare said property as a public nuisance, and shall also inform them of their right to a hearing where they may challenge the classification of the property as a public nuisance. The notification shall substantially comply with Rule 4 of the Rules of Civil Procedure of 2009, and the notices shall be published in one (1) newspaper of general circulation in accordance with the municipal ordinance and without a previous court order.
After the notification, whether personally delivered or by mean of notices, the proprietor, owner or person with interest shall have twenty (20) days counting from the notification thereof to challenge the declaration of public nuisance, and to request a hearing before an Examining Officer to submit the attesting, documentary or expert evidence deemed convenient.
History —Jan. 18, 2012, No. 31, § 3; Sept. 29, 2012, No. 292, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995c - Hearing; Hearing Officer; Order

The Hearing Officer shall be a licensed engineer with five (5) years of experience.
The hearing requested by the proprietor, owner and person with interest shall be held before an examining officer designated by the municipality, who shall hear the evidence and shall issue an order to the following effects:
(a) If it is determined that the property should not be classified as a public nuisance, the proceedings shall conclude and the property shall be excluded from the effects of this chapter.
(b) If it is determined that the property should be classified as a public nuisance, but that it is apt for repairs, or for adequate cleaning and maintenance, the Examining Officer shall issue an order indicating the nature of the repairs, or cleaning and maintenance work to be done, and shall grant a reasonable period of time, which shall not exceed three (3) months, to conclude the repairs or cleaning and maintenance work. By petition of a party and for a justified reason, the Examining Officer may grant additional extensions, which, in their totality, shall not exceed one (1) year.
(c) If it is determined that the property should be declared a public nuisance, and that it is not fit for repairs, its demolition and clean-up shall be ordered, payable by the proprietor, owner and person with interest, within a reasonable period of time not to exceed three (3) months. By petition of a party and for a justified reason, the Examining Officer may grant an extension, which shall not exceed three (3) additional months. Once the aforementioned term has expired, the municipality may proceed with the demolition and clean-up, and shall defray the cost thereof, and shall place a lien on the property in the corresponding Property Registry, equal to the amount spent on such task, unless the owner of the property reimburses the municipality the amount thereof.
History —Jan. 18, 2012, No. 31, § 6; Sept. 29, 2012, No. 292, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995d - Declaration of public nuisance

When the owner, titleholder, or interested party fails to appear in any manner whatsoever to challenge the classification of the property as a public nuisance, the municipality may then declare the property a public nuisance within thirty (30) days after the service of notice provided in § 995b of this title is issued.
If an owner, titleholder, or interested party is served, as provided in § 995b of this title, with an order issued in accordance with the provisions of subsections (b) or (c) of § 995c of this title, and fails to comply with such order within a term of six (6) months from the service of an order or within the terms of any extensions granted, the Municipality may declare the property a public nuisance.
History —Jan. 18, 2012, No. 31, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995e - Declaration of public nuisance—Effects

The declaration of public nuisance shall have the following effects:
(a) The municipality may order the placement of a sign identifying the property as a public nuisance.
(b) The municipality may direct the appraisal of the property, to be conducted by an appraiser licensed to practice in Puerto Rico, to determine the market value thereof.
(c) The municipality may exercise eminent domain on the real property for public use.
History —Jan. 18, 2012, No. 31, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995f - Inventory of properties declared a public nuisance

When a municipality determines not to exercise eminent domain on real property declared a public nuisance based on the public use thereof, it shall then prepare an inventory of properties declared a public nuisance, which shall include the following:
(a) The physical location of the property.
(b) The description in the Registry, if recorded in the Property Registry, with the list of mortgages and other liens on the real property.
(c) The cadastre number.
(d) The name of the property’s owner, titleholder, or interested party.
(e) The market value according to the appraisal.
The municipality shall keep the Inventory’s information updated and available to the public.
History —Jan. 18, 2012, No. 31, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995h - Judicial review

The actions taken by the municipality in accordance with the provisions of this chapter, except for the eminent domain action governed by Rule 58 of the Rules of Civil Procedure of 2009, may be subject to review by the Court of First Instance as established in § 4702 of this title, known as the “Autonomous Municipalities Act of the Commonwealth of Puerto Rico.”
History —Jan. 18, 2012, No. 31, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995i - Conventional redemption

In the event that the acquirer, during the year following the transfer of ownership of the real property, fails to renovate the acquired property, the municipality may seek conventional redemption pursuant to the provisions of §§ 3901-3901r of Title 31.
Notice This section has more than one version with varying effective dates. First of two versions of this section.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995i - Conventional retraction

In the event that the buyer, during the year counting from the transfer of ownership of the real property has failed to renovate the acquired property, or has failed to carry out the consolidation, when a consolidation is possible, the municipality may exercise a conventional retraction action pursuant to the provisions of §§ 3901-3914 of Title 31.
Notice This section has more than one version with varying effective dates. Second of two versions of this section.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1021 - Creation

The Municipal Conflict [Resolution] Center is hereby created, which shall have the objective of rendering conciliation, arbitration and friendly mediation services for the solution of conflicts, controversies, and complaints, whether initiated or potential.
History —Sept. 9, 2000, No. 399, § 1, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1022 - Definitions

(a) Friendly mediator.— Persons, other than lawyers, designated by the mayor to adjudicate a controversy brought voluntarily by the parties before his/her consideration, referred by a judge of First Instance or as thus provided by the Civil Code or special laws.
(b) Arbitrators.— Lawyers designated by the mayor to adjudicate a controversy brought voluntarily by the parties before his/her consideration, referred by a judge of First Instance or as thus provided by the Civil Code or special laws.
(c) Conciliators.— Persons who are certified as conciliators, designated by the mayor to conciliate and mediate between parties who voluntarily file a controversy before his/her consideration.
History —Sept. 9, 2000, No. 399, § 2, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1023 - Designations

The Mayor of the Municipality of San Juan may designate one or an uneven number of friendly mediators, arbitrators, and conciliators to act in cases or controversies brought before his/her consideration from among the municipality personnel or persons in the private sector.
History —Sept. 9, 2000, No. 399, § 3, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1024 - Jurisdiction and competence

Friendly mediators, arbitrators, and conciliators shall intervene in controversies of a civil nature, which are of the competence of the Court of First Instance, San Juan Part and that are referred by:
(a) The Court of First Instance.
(b) The Civil Code or a special law specifically refers to a friendly mediator or arbitrator.
(c) The parties have voluntarily filed for his/her consideration civil and or mercantile matters on contracts, quasi-contracts, real rights on real or personal property, damages, excepting cases of medical malpractice.
History —Sept. 9, 2000, No. 399, § 4, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1025 - Compensation

Friendly mediators, arbitrators and conciliators who are not employees of the municipality shall receive the remuneration provided by the mayor, which shall be fully paid by the parties.
In the event that the friendly mediators, arbitrators and conciliators are municipal employees, the parties shall pay the fee for this service provided by the municipal legislature of San Juan through an ordinance.
Private experts’ fees shall be defrayed by the concerning parties, the fees of experts who are employees of the municipality shall also be paid by the parties according to the rate established by the municipal legislature.
The municipal legislature may exempt eligible persons, according to the income criteria to be established, from the payment of fees for the service of arbitrators, friendly mediators, conciliators, and experts.
History —Sept. 9, 2000, No. 399, § 5, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1026 - Procedure

The Municipal Legislature of San Juan shall provide through ordinance the procedures to be followed before friendly mediators, arbitrators, and conciliators. The decisions of friendly mediators shall not contain considerations of law, however those of arbitrators shall have the same.
History —Sept. 9, 2000, No. 399, § 6, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 94 - Municipal Conflict Resolution Center (§§ 1021 — 1027) › § 1027 - Judicial review

The decisions of friendly mediators may only be reviewed in the Court of First Instance and shall be presumed correct and the appealing party shall bear the burden of proof in the judicial proceeding. The appeals procedure shall be of a summary nature, with a first appearance to present the evidence and allegations of the parties and a second appearance for the trial, however the judge may order the consolidation of both appearances.
The decisions of arbitrators shall be reviewed by the Circuit Court of Appeals through a writ of certiorari issued at its discretion.
History —Sept. 9, 2000, No. 399, § 7, eff. Jan. 1, 2001.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1040 - Definitions

For purposes of interpreting and applying this chapter, the following terms or phrases shall have the meaning stated below:
(a) Commissioner.— Means the Commissioner of Financial Institutions of Puerto Rico.
(b) Selection Committee.— Means a Committee composed of the following members: the Secretary of the Department of Economic Development and Commerce, the Secretary of the Treasury, the Executive Director of the Tourism Company, the Commissioner for Municipal Affairs, and one (1) public interest representative, who shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate. This last member shall not be an employee or contractor of any agency, entity, department, board, office, public corporation, or municipality of the Government of Puerto Rico.
(c) Grantee.— Means any eligible business to which a decree has been granted pursuant to the provisions of this chapter.
(d) Decree.— Means the document issued by the Selection Committee pursuant to the provisions of this chapter and accepted by the grantee, which contains contractual obligations with binding force between the Government and the grantee.
(e) Executive Director.— Means the Executive Director of the Puerto Rico Tourism Company.
(f) Facilities or Facility.— Means entertainment tourist facilities, such as, or which consist of, a room for games of chance or casino operated by a grantee pursuant to the provisions of the decree and the game room license granted pursuant to the provisions of this chapter. For purposes of this chapter, rooms for games of chance or casinos shall be understood to be those defined in §§ 71 et seq. of Title 15.
(g) New game or New games.— Means any new game or new version of an existing game to be introduced in the jurisdiction of Puerto Rico. The Tourism Company must submit for the approval of the Legislative Assembly and the Governor, any new games it may deem necessary to comply with this chapter. The Legislative Assembly may introduce new games motu proprio in order to comply with this chapter.
(h) Act No. 221.— Means §§ 71 et seq. of Title 15, better known as the “Games of Chance Act”.
(i) Eligible municipalities.— Means those municipalities in Puerto Rico that are considered by the Selection Committee to receive the benefits defined in this chapter by following the criteria established herein. Eligible businesses must develop their project in eligible municipalities.
(j) Eligible business.— Means any person that meets the minimum requirements set forth in this chapter.
(k) Person.— Means any natural or juridical person.
(l) Project.— Means a tourist development project composed of a hotel, its facilities and amenities, as its main elements, and any business and recreational establishments as secondary elements to be developed by an authorized grantee pursuant to the provisions of this chapter and the decree.
History —Aug. 1, 2010, No. 118, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1044 - Effectiveness of the decree

A decree granted pursuant to this chapter shall have an initial effectiveness of thirty (30) years as of the date on which the facility begins operations. If the grantee undertakes a substantial renewal or extension of the project, the decree, at the discretion of the Selection Committee and pursuant to the terms and conditions established in the decree, may be renewed at any time during the decree’s effective term, for two (2) additional terms of ten (10) years each time.
History —Aug. 1, 2010, No. 118, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1046 - Special rules

The following special rules shall govern the operation of games of chance at tourist facilities as of the date on which such tourist facilities begin operations until the expiration date set in the decree:
(a) The Selection Committee shall establish a specific proportion of slot machines for each authorized player at the facility.
(b) The number of authorized players per game shall be established by a regulation to be drafted by the Puerto Rico Tourism Company, although it shall never be less than those authorized under § 72 of Title 15.
(c) The Tourism Company must submit for the approval of the Legislative Assembly, any new games as deemed necessary to meet the purposes of this chapter. New games shall be established by law only. The Tourism Company shall detail which new game is sought, the rules of such game, a payment schedule, a statistical evaluation of the theoretical percentages of the new game, and any other information as deemed pertinent.
(d) The facility shall not be subject to the maximum betting limits established in § 87 of Title 15.
(e) The facility shall be authorized to operate twenty-four (24) hours a day, seven (7) days a week, every day of the year.
(f) The Executive Director shall carry out all oversight functions, investigations, or audits as he/she may deem necessary regarding the current operation of games of chance at the facility to verify that these comply with the provisions of this chapter or any other applicable law or regulation. The grantee shall be responsible for refunding any costs involved in investigations or audits to the Puerto Rico Tourism Company.
(g) Facility operations shall be subject to all the provisions of §§ 71 et seq. of Title 15 that do not contravene the provisions of this chapter. If during the term of effectiveness of the decree, §§ 71 et seq. of Title 5 is amended or repealed, any new provision that does not contravene this chapter or the decree shall be deemed to apply to the facility only if any law amending or substituting said sections contains specific wording establishing the applicability of the law to the facility.
Once the decree has expired and the special rules of games of chance are, therefore, no longer considered to apply, the facility shall be subject to all the provisions established in §§ 71 et seq. of Title 15 or any subsequent law that regulates games of chance in Puerto Rico at that time and all the regulations that may be in effect by virtue of said laws.
(h) This chapter, or any rule or regulation approved thereunder, does not and shall not authorize the establishment of machines, games, or video lottery systems, or any similar electronic systems. Under no circumstance may such games, machines, or systems be established under this chapter, which shall not be interpreted as authorizing such businesses.
History —Aug. 1, 2010, No. 118, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1047 - Certification

Not later than June 30 of each year, the grantee must submit to the Commissioner a certification attesting that the grantee has substantially complied with the provisions and obligations detailed in the decree and that he/she holds a valid games of chance license in effect pursuant to § 1049 of this title. The Commissioner may conduct investigations or audits as he/she may deem necessary to verify that the grantee has substantially complied with the parameters established in the decree. The grantee shall cooperate with any reasonable request for information or inspection by the Commissioner regarding such investigations or audits. The grantee shall be responsible for refunding the costs involved in such investigations or audits to the Office of the Commissioner of Financial Institutions.
History —Aug. 1, 2010, No. 118, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1048 - Limitation on preferential tax treatment

The provisions on preferential tax treatment contained in the decree pursuant to § 1042 of this title shall apply solely and exclusively to income from games of chance earned by the grantee at the facility and shall not impair the grantee from applying for and obtaining tax benefits or grants for any other project component by virtue of any other applicable law.
History —Aug. 1, 2010, No. 118, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1049 - License

Once a decree has been granted, the Commissioner shall be empowered to issue a license so that the grantee may operate the facility if such grantee: (a) complies, to the satisfaction of the Commissioner, with the conditions established in clauses (2) and (3) of subsection (a) of § 72 of Title 15; (b) has submitted a dully sworn application to the Commissioner attesting that he/she complies with such conditions; (c) has paid the application fees required and any other amount required by the Commissioner to defray the expenses of any investigation conducted or to be conducted by the Commissioner to determine if the grantee complies with the requirements for a games of chance license. The facility may not begin operations until the grantee has obtained the games of chance license pursuant to this section. Once the initial games of chance license has been issued, the grantee shall be responsible for the annual payment for the games of chance license pursuant to § 76 of Title 15 or any other successor law.
History —Aug. 1, 2010, No. 118, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1050 - Savings clause

No existing tourist project or which is effectively under construction in Puerto Rico as of the date of approval of this act may apply for a decree or for the benefits granted under this chapter.
History —Aug. 1, 2010, No. 118, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1051 - Violations

In addition to, and without limitation from any other consequence that may arise under §§ 71 et seq. of Title 15, any violation by the grantee, his/her agents, or employees of any provision of this chapter or the regulations established thereunder, or of the decree, shall be deemed as failure to comply with the decree and shall also be grounds for the possible suspension or revocation of the games of chance license and/or the imposition of penalties established in § 1043 of this title. Acceptance of the decree and the games of chance license constitutes an agreement by the grantee to bind him/herself to all existing regulations or those which could be amended or promulgated in the future pursuant to this chapter or under §§ 71 et seq. of Title 15. The grantee shall be responsible for keeping him/herself informed as to the contents of all regulations, as well as of any amendments.
History —Aug. 1, 2010, No. 118, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1052 - Settlement of disputes

The parties to the decree expressly submit themselves to the jurisdiction and competence of the General Court of Justice of Puerto Rico to settle any dispute that may arise on the grounds of or in relation to the decree. However, they may agree to settle their dispute by means of an alternate conflict resolution process to be held in Puerto Rico.
History —Aug. 1, 2010, No. 118, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96 - Municipal Economic and Tourist Development Incentives Act (§§ 1040 — 1053) › § 1053 - Regulations

The Commissioner and the Executive Director, according to their competencies and authorities under this chapter, and in their respective areas of competence, shall adopt, modify, or revoke any such regulations as they may deem necessary or convenient to accomplish the purposes of this chapter, in compliance with §§ 2101 et seq.of Title 3, known as the “Uniform Administrative Procedures Act”.
History —Aug. 1, 2010, No. 118, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055 - Purpose

Section 19 of Article VI of the Constitution of the Commonwealth of Puerto Rico states that it shall be the public policy of the Commonwealth to conserve, develop, and use its natural resources in the most effective manner possible for the general welfare of the community. This principle is strictly related to the very survival of human beings. Such survival is guaranteed by the formation and maintenance of an environment where human beings can satisfy their needs. The duty of the state is to foster and carry out the necessary plans to uphold such guarantee through sustainable development that takes the environment, the economy, and social justice, among other issues, into consideration in order to equitably satisfy the present needs of human beings without compromising the ability to meet those of future generations. In order to encourage municipal governments to devote their efforts and resources to execute environmental plans and to foster the full implementation of sustainable development programs, the biannual designation of municipalities with green initiatives is hereby established.
History —Dec. 21, 2010, No. 213, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055a - Definitions

For purposes of this chapter, the following terms shall have the meaning stated below:
(a) Year of designation.— The calendar year in which the public activity to announce the designations of municipalities with green initiatives takes place.
(b) Federal Census.— Decennial census carried out by the Census Bureau of the Department of Commerce of the United States of America.
(c) Committee.— Committee for the Designation of Municipalities with Green Initiatives.
(d) Smart growth.— Process whereby progress is achieved by taking into account principles and specific strategies and the best planning and urbanism practices in harmony with the environment, natural resources, and communities.
(e) Sustainable growth.— Process whereby progress is achieved by addressing present needs without compromising the ability of future generations to meet their own needs.
(f) Announcement of designation.— Process whereby the Committee publicly announces the designation of municipalities with green initiatives.
(g) Eco-friendly.— The denomination given to all actions, issues, or materials whose execution, activity, or use, respectively, do not affect or have a minimal impact on the environment.
(h) Promotion.— The dissemination of any publication, advertisement, or publicity through any medium in order to disclose data or information related to a certain matter.
(i) Application.— The action whereby a municipality submits documentation, through its mayor, with the intent of being evaluated by the Committee.
(j) Green.— Designation given to matters aimed toward environmental protection and sustainability by reusing resources and reducing environmental impact.
History —Dec. 21, 2010, No. 213, § 2.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055b - Committee—Composition

The Committee shall be composed of the following twelve (12) members:
(a) The Executive Director of the Energy Affairs Administration.
(b) The Executive Director of the Solid Waste Authority.
(c) The Executive Director of the Environmental Quality Board.
(d) The Executive Director of the Planning Board.
(e) The President of the University of Puerto Rico.
(f) The Secretary of the Department of Natural and Environmental Resources.
(g) Two (2) representatives from different nonprofit organizations that are closely related to and have considerable experience in environmental issues, natural resource conservation, or planning.
(h) Two (2) representatives from different private sector organizations that are closely related to and have considerable experience in environmental issues, natural resource conservation, or planning.
(i) Two (2) representatives from different private institutions of higher education in Puerto Rico that offer, as part of their curricula, careers, courses, or programs related to environmental sciences, natural resource conservation, or planning.
History —Dec. 21, 2010, No. 213, § 3.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055c - Committee—Organization

The Secretary of the Department of Natural and Environmental Resources and the Executive Director of the Energy Affairs Administration shall be the Chair and Secretary of the Committee, respectively. All members shall have equal participation and voting rights in the Committee, except as otherwise provided in this chapter.
History —Dec. 21, 2010, No. 213, § 4.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055d - Committee—Designation and vacancies

Committee members who are public officials shall keep said designation while they hold the corresponding public office and, in case of vacancies, whoever holds such office in an acting capacity. Members who represent nonprofit organizations, the private sector, and private universities shall be designated by the Secretary of the Department of Natural and Environmental Resources. The Secretary of the Department of Natural and Environmental Resources shall make such six (6) designations on or before February 1 of the year preceding the year of the designation. These designations shall be for a term of two (2) years from the date of appointment or until February 1 of the year prior to the following year of designation, whichever comes first. Representatives of nonprofit organizations, the private sector, and private universities must play active roles in their respective institutions or companies in order to be members of the Committee. Otherwise, it shall be understood that the position is vacant. The Secretary of the Department of Natural and Environmental Resources shall have fifteen (15) days to appoint a substitute when a vacancy arises in one of the Committee positions corresponding to any of the members representing nonprofit organizations, the private sector, and private universities.
History —Dec. 21, 2010, No. 213, § 5.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055f - Committee—Wages, per diems, or allowances

Committee members who are government officials shall render their services ex officio; therefore, said members shall not be entitled to receive wages, per diems, or allowances while discharging any functions, duties, and powers under this chapter. The Secretary of the Department of Natural and Environmental Resources may authorize the payment of per diems to members representing nonprofit organizations, the private sector, and private universities. Payment of per diems shall be made from the funds of the Department of Natural and Environmental Resources or the fines collected as a result of the enforcement of this chapter.
History —Dec. 21, 2010, No. 213, § 7.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055g - Committee—Seat

The Committee seat shall be located on the premises of the Department of Natural Resources. The Department shall provide the materials and resources needed to carry out the functions, duties, and powers of the Committee under this chapter.
History —Dec. 21, 2010, No. 213, § 8.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055h - Committee—Calls for meetings

The Secretary of the Committee shall call for meetings at least five (5) business days in advance, and shall also be responsible for distributing any documents prior to such meetings and taking notes for the preparation of minutes.
History —Dec. 21, 2010, No. 213, § 9.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055i - Committee—Meetings and decisions

The Committee shall hold meetings to decide on matters within its competence. Seven (7) members shall constitute quorum at Committee meetings. The decisions of the Committee shall be made by a vote. A simple majority of the members participating in the meeting at which the matter is discussed and voted on shall be required to make a decision, except those determinations for which this chapter provides otherwise. Member votes shall not be secret.
History —Dec. 21, 2010, No. 213, § 10.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055j - Committee—Representatives

(a) Committee members may designate authorized representatives to substitute them at meetings when they are not able to attend. Such designation shall transfer the duties, functions, and powers of the member to his/her authorized representative for the duration of such representation.
(b) Authorized representatives of the members of the Committee who are government officials shall be employees of the corresponding agency.
History —Dec. 21, 2010, No. 213, §§ 11.01, 11.02.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055k - Committee—Regulations

(a) The Committee shall draft regulations, to be known as the “Regulations for the Designation of Municipalities with Green Initiatives”.
(b) Such regulations shall at least provide:
(1) The manner in which applications shall be filed and accepted.
(2) The terms applicable to the filing and evaluation of applications.
(3) The parameters and measurements for evaluating applications.
(4) The evaluation criteria included by the Committee, in addition to those established in this chapter.
(5) The frequency of Committee meetings.
(6) The management and distribution of information and documents to the members of the Committee.
(7) The manner and procedure to be followed by the members of the Committee when issuing ratings.
(8) The tasks and responsibilities of each of the members of the Committee.
(9) The manner in which the designations shall be disclosed.
(10) The custody and disposal of documents and materials used in the process.
History —Dec. 21, 2010, No. 213, §§ 12.01, 12.2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055l - Committee—Regulations; drafting, review, and approval

The Committee shall draft and approve the First Regulations on or before January 30, 2011. All the members of the Committee shall participate in the drafting of such regulations, which shall require the affirmative vote of at least seven (7) members for its approval.
History —Dec. 21, 2010, No. 213, § 13.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055m - Committee—Regulations; publication

The Committee shall post the regulations on the website of the Department of Natural and Environmental Resources, and the Secretary of the Committee shall email a digital copy to all municipalities not later than five (5) business days after the approval of the regulations.
History —Dec. 21, 2010, No. 213, § 14.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055n - Applications

Municipalities interested in being evaluated for the designation of municipality with green initiatives shall file an application to such effect with the Committee. The Committee shall prescribe through regulations the deadline to file applications, as well as the list of documents that shall be attached thereto. Interested municipalities shall file an application for every biannual designation.
History —Dec. 21, 2010, No. 213, § 15.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055p - Municipality classification

(a) For evaluation purposes, the Committee shall classify municipalities into four (4) categories based on population. The general criteria shall be adjusted to the particular population, budgetary, and geographic situations of municipalities in order to set the rating parameters for each category. The four (4) categories are:
(1) Big city.— This category shall be composed of municipalities whose population is greater than twenty percent (20%) of the population of the most populated municipality.
(2) City.— This category shall be composed of municipalities whose population is greater than ten percent (10%) and less than or equal to twenty percent (20%) of the population of the most populated municipality.
(3) Town.— This category shall be composed of municipalities whose population is greater than five percent (5%) and less than or equal to ten percent (10%) of the population of the most populated municipality.
(4) Small town.— This category shall be composed of municipalities whose population is less than or equal to five percent (5%) of the population of the most populated municipality.
(b) The population of the municipalities shall be determined based on the official result of the most recent U.S. Census prior to the approval of the Committee Regulations for the next biannual designation.
History —Dec. 21, 2010, No. 213, §§ 17.01, 17.02.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055q - Evaluation of applications

The Committee shall evaluate the applications in the order they are received. All Committee members shall participate in the evaluation and exercise their judgment freely and uninfluenced by any interested party. Committee members shall rate applications according to the fulfillment of each parameter established pursuant to the general evaluation criteria and the municipality classification provided in this chapter. The ratings shall be recorded on a form designed by the Committee for this purpose. The value of the ratings of each criterion and the rating parameters shall be established by the Committee through Regulations.
History —Dec. 21, 2010, No. 213, § 18.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055r - Disclosure of designation

(a) The Committee shall make the designations biannually and disclose them on April 22 of the year of designation. The first disclosure of designation shall be made on April 22, 2012. In the event that the date of the disclosure falls on a Saturday or a Sunday, the disclosure shall be postponed for the next business day. The disclosure of the designation shall be made during a press conference in which at least the Chair and the Secretary of the Committee, or their authorized representatives, shall be present.
(b) Along with new designations, the Committee shall disclose which municipalities have lost their green initiatives designation.
History —Dec. 21, 2010, No. 213, §§ 19.01, 19.02.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055s - Term of designation

The designation as a municipality with green initiatives shall be effective for a term of two (2) years from the time of its disclosure or until the date of disclosure of the subsequent designation, whichever comes first.
History —Dec. 21, 2010, No. 213, § 20.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055t - Promotion prohibition

It is hereby prohibited for municipalities to be self-proclaim as municipalities with green initiatives, or to promote themselves with the use of phrases that refer to or are allusive of green initiatives. Only those municipalities with existing designations as municipalities with green initiatives may promote themselves as such. The Department of Natural and Environmental Resources shall ensure strict compliance with this provision. This provision shall not limit municipalities to carry out plans, projects, or programs; form alliances, adopt ordinances; or implement policy or conduct any kind of environmental activity.
History —Dec. 21, 2010, No. 213, § 21.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 96A - Act to Designate Municipalities with Green Initiatives (§§ 1055 — 1055v) › § 1055u - Sanctions

(a) Municipalities that fail to comply with the promotion prohibition set forth in this chapter shall be punished by a ten thousand dollar ($10,000) fine. The Secretary of the Department of Natural and Environmental Resources shall administer these sanctions and fifty percent (50%) of the revenues generated by such fines shall be allocated to nonprofit organizations for use in the development of environmental projects. The remaining fifty percent (50%) shall be used by the Department of Natural and Environmental Resources for promotional expenses related to this chapter and for expenses incurred by the Committee while carrying out its functions, duties, and powers as provided by this chapter.
(b) The Department of Natural and Environmental Resources may establish conditions within its scope of competence to require municipalities to comply with the payment of any sanction imposed under this chapter.
(c) Municipalities owing fines, or a portion thereof, to the Department of Natural and Environmental Resources for violations of the promotion prohibition set forth in this chapter shall not participate in the designation of municipalities with green initiatives until they meet the imposed obligation.
History —Dec. 21, 2010, No. 213, §§ 22.01- 22.03.