reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8896 - Exclusions

Classroom teachers; active police officers with patrol duties, who render surveillance and security services; custody officers who work in the agencies under the Department of Corrections and Rehabilitation’s umbrella; firefighters; health professionals such as physicians, paramedics, nurses, pharmacists, and laboratory technicians; and employees of the Internal Revenue and Information Technologies areas of the Department of the Treasury, shall not be eligible to avail themselves of the Program. Neither shall any trust, provisional, irregular or career employees who, by determination of the Program Administrator, with the advice of the appointing authority, hold positions which render direct services to the people or essential services in the operation of the agency, or that are defrayed in whole or in part with federal funds. Essential services are those whose functions are specialized, vital or indispensable for the proper operation of the agency, so as to meet the public purpose for which it was created as a government body.
Notwithstanding the foregoing, career employees holding positions that are not eligible to opt for the Program and who wish to avail themselves of the Program, may do so only with a previous certification from the appointing authority, ratified by the Office of Management and Budget, stating that the retirement of such employees shall not require the hiring of new employees during the next five (5) years, or that such positions shall be filled through the transfer of other employees in the public service. The Administrator shall establish the procedures and the criteria to authorize, in justified cases, the exchange of positions within the career service to allow a career employee holding a position that is ineligible under the Program to exchange his/her position with another career employee holding a position that is eligible under the Program.
History —July 2, 2010, No. 70, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8897 - Vacancies

All positions held by employees who opt for the Program that are not filled by means of transfers shall be declared as vacant positions and the Director of the OMB shall exercise his/her discretion to eliminate the same in consultation with the agencies, based on service needs and the fiscal situation of the agency. Vacant positions resulting from the retirement of employees under § 8883(c) of this title that are not eliminated may be filled after one fiscal year, with the previous certification by the corresponding agency and the OMB, that it is necessary for the proper operation of the agency and that the necessary funds are available.
History —July 2, 2010, No. 70, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8898 - Authority to direct transfers and eliminate vacant positions

For the purpose of maximizing the effectiveness of this Program and of promoting the highest participation possible therein during its term of effectiveness, the Director of the OMB shall have the authority, notwithstanding any provision to the contrary, to direct and authorize, by request of and in consultation with the secretaries or heads of agency concerned, the transfer of public employees between agencies, in accordance with service needs and the fiscal situation of each agency. He/she shall also have the authority to eliminate vacant or frozen positions in the agencies, based on service needs and the fiscal situation of the agency.
History —July 2, 2010, No. 70, § 19.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8899 - Reports

Each appointing authority shall submit, within sixty (60) days as of the conclusion of any opting period, a report to the Program Administrator, ORHELA and the OMB containing the number of employees who opted to avail themselves of the Program and the budgetary impact of such action. The Administrator shall submit a yearly report to the Legislature showing the number of employees participating in the Program, the budgetary impact of such participation, and compliance with the provisions of this chapter. The Administrator shall gather all the information obtained from the agencies and submit a final report to ORHELA and the Legislature within sixty (60) days as of the conclusion of the term for the agencies to submit their reports to the Administrator.
History —July 2, 2010, No. 70, § 20.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8900 - Public notice

The Program Administrator shall implement any measures deemed necessary and convenient to inform and advise public employees of agencies about the Program of the provisions of this chapter, including, without limitation, announcements and notices in the media.
History —July 2, 2010, No. 70, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8921 - Definitions

(1) Agency.— Means any board, body, examining board, public corporation, commission, independent office, division, administration, bureau, advocate’s office, department, authority, official, person, entity, or any instrumentality of the Commonwealth of Puerto Rico, except for:
(a) The Legislative Assembly of Puerto Rico.
(b) The Judicial Branch.
(c) The Office of the Governor of Puerto Rico.
(d) The Puerto Rico National Guard.
(e) The Municipalities.
(f) The Office of Management and Budget.
(g) The Office of Government Ethics.
(h) The State Elections Commission; and
(i) The Office of the Comptroller of Puerto Rico.
(2) Strategic plan.— Means the document whereby the management intends to establish the strategy to be followed for an established period of time. Such plan shall be quantitative and establish the goals to be achieved by the agency; clear in describing the way in which such goals shall be achieved and the strategy therefor; and temporary, indicating the timeframe for the agency to achieve such goals.
(3) Annual performance plan.— Means the document whereby the management establishes the objectives to be attained every year and the way to attain them. This Plan shall be consistent with the Strategic Plan.
(4) Employee of the Government of Puerto Rico.— Means any regular, transitory, temporary, or trust public service employee who has joined the public service under full compliance with the provisions of §§ 1461 et seq. of this title, better known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”.
History —Dec. 30, 2010, No. 236, § 3, eff. 60 days after Dec. 30, 2010.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8922 - Strategic planning

(a) Not later than May 1st, 2012, the head of each agency of the Government of Puerto Rico shall submit to the Executive Director of the Office of Management and Budget (OMB) a Strategic Plan about the activities of his/her agency. After May 1st, 2012, said plan shall be submitted on May 1st, 2013 and, subsequently, on May 1st of every fourth year. Such plan shall contain:
(1) A mission statement covering the major functions and operations of the agency.
(2) The general goals and objectives, including outcome-related goals and objectives, for the major functions and operations of the agency in compliance with its Enabling Act, the special laws it administers, its regulations, and the mission thus established.
(3) A description of how the proposed goals and objectives are to be achieved, including a description of the operational processes, skills, and technology, and the human, capital, information, and other resources required to meet those goals and objectives.
(4) An analysis on how the goals included in the Annual Performance Plan are related to the general objectives of the Strategic Plan.
(5) An identification of the external factors beyond the control of the agency and which could affect the attainment of the general objectives.
(6) A description of program’s evaluating criteria used to establish and review the general goals and objectives, as well as a schedule of future evaluations of each agency program.
(b) The Strategic Plan shall cover a period of not less than four (4) years from the fiscal year in which it was submitted, and shall be updated and/or revised annually.
(c) The Annual Performance Plan required by this chapter shall be consistent with the agency’s Strategic Plan. An Annual Performance Plan may not be submitted for a fiscal year not covered under the submitted Strategic Plan.
(d) When developing a Strategic Plan that impacts other entities or organizations, the agency shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan.
The functions and activities to be carried out for the development of a Strategic Plan shall be considered to be inherently governmental functions; thus, the employees and senior management of the Government of Puerto Rico shall collaborate and participate actively in drafting and implementing such plan.
History —Dec. 30, 2010, No. 236, § 4, eff. 60 days after Dec. 30, 2010; Mar. 8, 2012, No. 54, § 1, eff. 30 days after Mar. 8, 2012.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8923 - Annual Performance Plan

The Director of the Planning Office or, in his/her absence, a qualified employee of each agency of the Government of Puerto Rico shall devise an Annual Performance Plan covering each program activity included in the budget of such agency. Starting on May 1st, 2012, such plan shall be filed with the Office of Management and Budget every year, not later than May 1st. This plan shall include, without being limited to:
(1) Establish performance goals to determine the level of performance of each program.
(2) Establish performance goals in an objective, quantifiable, and measurable form.
(3) Briefly describe the operational processes, skills, and technology, and the human, capital, information, or other resources required to meet the performance goals.
(4) Establish performance indicators to be used in measuring or assessing the relevant outputs, service levels, and outcomes of each program activity.
(5) Provide a basis for comparing actual program results with the established performance goals.
(6) Describe the means to be used to verify and validate measured values. If an agency, in consultation with the Director of the Office of Management and Budget, determines that it is not feasible to express the performance goals for a particular program activity in an objective, quantifiable, and measurable form, he/she may authorize a comparative analysis between the analyzed program, a minimally effective program, and a successful program so that the standards of quality of such programs may be used as a point of reference for the desired performance goals.
The functions and activities to be carried out for the development of this plan shall be considered to be inherently governmental functions; thus, the employees and senior management of the Government of Puerto Rico shall collaborate and participate actively in drafting and implementing such plan.
History —Dec. 30, 2010, No. 236, § 5, eff. 60 days after Dec. 30, 2010; Mar. 8, 2012, No. 54, § 2, eff. 30 days after Mar. 8, 2012.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8924 - Program performance reports

Not later than November 1st, 2012, and on November 1st of every fourth year thereafter, the head of each agency shall write and submit a report on the performance outcome of the current Strategic Plan to the Executive Director of the Office of Management and Budget (OMB). Likewise, not later than November 1st of each year after the approval of this act, he/she shall submit a report on the outcome of the Annual Performance Plan.
Immediately after such outcome reports are submitted, a new Strategic Plan and a new Annual Performance Plan shall be submitted.
Each outcome report shall, without being limited thereto:
(1) Review the performance goals and objectives achieved.
(2) Evaluate the Annual Performance Plan or Strategic Plan, as the case may be, with respect to the performance achieved toward the performance goals for the corresponding period.
(3) Explain and describe the following, when a performance goal, objective, or corresponding level of achievement has not been met:
(a) Why the performance goal, objective, and/or the desired level of achievement was not met.
(b) The plans and schedules established for achieving the performance goal.
(c) If the performance goal is impractical or infeasible, why that is the case and what action is recommended.
(4) Describe the effectiveness and efficiency in achieving performance goals.
(5) Summarize the findings and conclusions that arose during the implementation of the measures contained in the corresponding plan.
The functions and activities to be carried out for the development of this plan shall be considered to be inherently governmental functions and be performed only by employees of the Government of Puerto Rico.
History —Dec. 30, 2010, No. 236, § 6, eff. 60 days after Dec. 30, 2010; Mar. 8, 2012, No. 54, § 3, eff. 30 days after Mar. 8, 2012.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8925 - Transaction report

All strategic plans, annual performance plans, and program performance reports of each agency of the Government of Puerto Rico shall be available on the webpage of the Office of Management and Budget and of each of the agencies so that any citizen is able to analyze and review such plans.
Likewise, the Office of Management and Budget shall file a copy of all the strategic plans, annual performance plans, and program performance reports submitted by the agencies with the Office of the Clerk of the House of Representatives and the Office of the Secretary of the Senate.
History —Dec. 30, 2010, No. 236, § 7, eff. 60 days after Dec. 30, 2010.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 106 - Balancing of Accounts and Execution of Government Programs Act (§§ 8921 — 8926) › § 8926 - Regulations

The Office of Management and Budget of the Government of Puerto Rico is hereby empowered to draw up any regulations and/or guidelines deemed necessary for the implementation of this act within thirty (30) days following the approval thereof, without being subject to §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act”.
History —Dec. 30, 2010, No. 236, § 8, eff. 60 days after Dec. 30, 2010; Mar. 8, 2012, No. 54, § 4, eff. 30 days after Mar. 8, 2012.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8931 - Creation

The “Save and Double your Money” Program is hereby created under the Administration of the Human Resources Office of the Commonwealth of Puerto Rico, in coordination with the Government Development Bank for Puerto Rico and the Office of Management and Budget.
History —Dec. 30, 2010, No. 243, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8932 - Definitions

(a) Program Administrator.— Shall mean the Executive Director of the Human Resources Office of the Commonwealth of Puerto Rico.
(b) Agencies.— Shall include all agencies, departments, offices, commissions, boards, administrations, entities, and other instrumentalities of the Executive Branch of the Government of Puerto Rico whose budget is covered, in whole or in part, by the General Fund as of the date of effectiveness of this act, regardless of whether the provisions of §§ 1461 et seq. of this title, apply to them or not. The following shall be excluded from this definition and from the application of this chapter:
(1) Public corporations or instrumentalities and public-private partnerships that operate as private businesses with their own funds;
(2) the University of Puerto Rico;
(3) the Puerto Rico State Elections Commission, and
(4) the Office of Government Ethics of Puerto Rico.
(c) Program.— Shall mean the “Save and Double your Money” Program created by this chapter.
(d) Participant.— Shall mean any career employee of an agency that participates in the Program.
(e) Salary.— Shall mean the gross compensation earned by an employee for services rendered to the agency. Additional bonuses and fringe benefit costs shall be excluded when computing a salary.
History —Dec. 30, 2010, No. 243, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8933 - Participation

Any career employee of an agency may participate in the Program. Employees participating in the Program shall contribute an amount equivalent to three percent (3%) of their gross salary for a term of forty-eight (48) consecutive months. This contribution shall be deducted from each paycheck. Seventy-two (72) months after the end of such term, that is, ten (10) years after entering the Program, employees shall receive the total amount of their contributions thereto, plus an additional amount equal to the total contribution. Each participant shall receive twice the amount contributed to the Program.
History —Dec. 30, 2010, No. 243, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8934 - Termination

Participation in the Program may be canceled subject to the following rules. If an employee cancels his/her participation on or before the first forty-eight (48) months, the Administrator shall reimburse the contributions he/she has made, without interests, within ninety (90) days after the end of such forty-eight (48)-month term. Interest accrual in the Program begins as of the forty-eighth (48th) month. If an employee cancels his/her participation between the forty-ninth (49th) month and the end of the ten (10)-year term, the Administrator shall reimburse the contributions he/she has made, plus half the interests accrued as of the date on which the cancellation becomes effective. To ensure a smooth process in cases of early termination of Program participation, the Administrator shall establish an annual period to file and process such applications.
History —Dec. 30, 2010, No. 243, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8935 - Contributions

Program contribution deductions shall begin on January 1, (2011), at the latest. The Program’s Administrator shall establish procedures for Program participation. The Administrator, upon previous authorization of the Government Development Bank for Puerto Rico, may open a thirty (30)-day window on Fiscal Years 2011-12 and 2012-13 so that the employees of eligible agencies who did not enroll in the Program during the initial period, namely, on or before January 1, (2011), may do so.
History —Dec. 30, 2010, No. 243, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8936 - Contributions—Participants

Contributions made by Program participants shall be deemed excludable from the gross income of the participant. Interest distributions to Program participants shall not be subject to taxation, except in cases where participants choose to receive a distribution before the end of the ten (10)-year term. In these cases, such distribution shall be includable as income for the year in which it is made.
History —Dec. 30, 2010, No. 243, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8937 - Contributions—Employees

Employee contributions to the Program may be pledged as collateral, up to the total amount accrued, to secure loans that employees may take with financial institutions. The Administrator, in coordination with the Government Development Bank, shall adopt the necessary measures to make the use of Program contributions feasible for this purpose.
History —Dec. 30, 2010, No. 243, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8938 - Powers

The Administrator shall have all the powers that are necessary and convenient to implement this chapter. The Administrator may require the agencies to take any action he/she may deem necessary and convenient to implement the Program in such agencies, and require them to submit all the information that he/she deems necessary to evaluate applications for participation in the Program. The Administrator shall promulgate regulations to implement the Program and the provisions of this chapter without being subject to §§ 2101 et seq. of this title.
Such regulations shall establish the formula for computing the interests that participant contributions shall accrue. They shall also include how to address the withdrawal of contributions when the reasons therefor are not attributable to the participant. These considerations shall not constitute a limitation to the rulemaking power granted herein.
History —Dec. 30, 2010, No. 243, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8939 - Administrator

The Program Administrator shall implement any measures he/she deems necessary and convenient to provide information and orientation regarding the Program and the provisions of this chapter to public employees of the agencies, including, but not limited to advertisements and notices in public communication media.
History —Dec. 30, 2010, No. 243, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8940 - Custodian of contributions

The Government Development Bank for Puerto Rico shall be the custodian of all contributions made by Program participants, and shall deposit the same in a special account created solely for such purposes.
History —Dec. 30, 2010, No. 243, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 107 - “Save and Double your Money” Program (§§ 8931 — 8941) › § 8941 - Fiscal year

Beginning in Fiscal Year 2014, the Office of Management and Budget shall appropriate the necessary funds to meet the obligations assumed hereunder in the Joint Budget Resolution of each subsequent fiscal year.
History —Dec. 30, 2010, No. 243, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8951 - Protocol established

A “Protocol for Investigating Incidents of Sexual and Gender- Based Harassment and for Filing Criminal Action” is hereby established in the Department of Justice, the Puerto Rico Police, and the Municipal Police.
History —Apr. 13, 2011, No. 61, § 1, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8952 - Principles

The Protocol shall be governed by the following principles:
(a) The commitment of the Government of Puerto Rico to prevent and not tolerate sexual and gender-based harassment in the workplace.
(b) To educate all personnel regarding their duty to respect the dignity of people and their right to privacy and equal treatment for men and women.
(c) To ensure confidentiality of complaints regarding acts that may constitute sexual and gender-based harassment, notwithstanding any disciplinary rules established to such purposes.
(d) To appoint officers in charge of addressing complaints or grievances involving sexual and gender-based harassment.
History —Apr. 13, 2011, No. 61, § 2, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8953 - Training of personnel

Personnel of the government agencies in charge of investigating and gathering evidence shall be trained to prosecute this criminal conduct in the workplace. Supervisors and employees shall be required to attend every year trainings and continuing education related to this subject.
History —Apr. 13, 2011, No. 61, § 3, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8954 - Investigation requirements

The investigation process shall require the prosecution to create a file containing sworn statements, as well as any other necessary evidence obtained in the aggrieved party’s workplace. Thus, the investigation protocol must be uniform, of the highest level of confidentiality, and contain guidelines regarding the form and manner of examining the aggrieved party.
History —Apr. 13, 2011, No. 61, § 4, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8955 - Applicability

The Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action shall apply to all employees, including Directors, Managers, and/or Supervisors of government agencies.
The Department of Justice, the Puerto Rico Police, and the Municipal Police shall establish, notify, and apply policies against harassment, sexual and gender- based harassment, notwithstanding the fact that §§ 155 et seq. of Title 29 expressly establishes said duty.
History —Apr. 13, 2011, No. 61, § 5, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8956 - Provisions

The Head of the Agency shall notify supervisors that, as part of their job requirements, they shall be monitored in order to verify their conduct.
It shall be the duty of the agency to act on such complaints promptly; therefore, the person investigating any filed complaints must have the necessary education, training, and experience to guarantee a respectful, diligent, reasonable, and comprehensive process. Moreover, such person must also have the ability to determine with credibility that, in fact, an incident of harassment occurred and to impose the appropriate remedy, the corrective, and/or disciplinary action.
History —Apr. 13, 2011, No. 61, § 6, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 108 - Protocol for Investigating Incidents of Sexual and Gender-Based Harassment and for Filing Criminal Action (§§ 8951 — 8957) › § 8957 - Rulemaking authority

The Department of Justice, in conjunction with the Puerto Rico Police, and the Municipal Police, shall have ninety (90) days to draft, approve, and adopt the rules to establish responsibilities and actions regarding the implementation and purposes of this Act. It is further provided that said rules shall include, among others: information explaining to employees what constitutes misconduct, establish that directors and supervisors have the duty to enforce the sexual harassment policies, and the legal and/or disciplinary consequences for failing to take action regarding complaints that may have been filed; the duty of the agency to take prompt and appropriate action; specify elements constituting an offense to prevent that the wrong person becomes the victim, in the event that the other party uses this Act as a threat; the investigation protocol to be established shall apply, firstly, and provide for a preliminary administrative investigation before filing a criminal action that could affect or harm the image, professional development, and family life of someone wrongly accused.
History —Apr. 13, 2011, No. 61, § 7, eff. 90 days after Apr. 13, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8962 - Applicability

This chapter, together with any such orders, decisions, and regulations as issued or promulgated by the Administration in order to implement the provisions of this chapter shall apply to all government units that intend to execute an energy savings performance contract in Puerto Rico, as well as to energy savings companies that intend to enter into contracts with a government unit in Puerto Rico for this specialized service.
History —Jan. 17, 2012, No. 19, § 2.1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8963 - Powers of the Administration

In addition to the powers delegated to the Administration under other laws, the Administration shall have the following powers to achieve the purposes of this chapter:
(1) To draft regulations as necessary and convenient to enforce the objectives and principles set forth in this chapter.
(2) To promulgate, amend, or repeal regulations pursuant to the provisions of this chapter and the procedures established in §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act”. Furthermore, the Administration is hereby authorized to issue norms and regulations for the interpretation of the terms used in this chapter.
(3) To promote the use of energy savings performance contracts in government units.
(4) To qualify energy savings companies and energy suppliers pursuant to the procedure set forth in § 8956 of this title.
(5) To issue declaratory rulings and official interpretations of laws and regulations under its jurisdiction.
(6) To contract or subcontract the professional services of consultants, economists, engineers, attorneys-at-law, and any other professional as the Administration may deem necessary to properly discharge all the duties conferred under this chapter, in compliance with the public policy set forth herein, to carry out specialized tasks, but without relinquishing any government duties or responsibilities, and to receive assistance in the discharge of such duties.
(7) To establish agreements with government units to assist these in the contracting of qualified energy savings companies.
(8) To fix and collect a reasonable amount for assistance and administration resources or other services provided to government units.
(9) To evaluate government units, especially any such documents that attest to savings generated in energy consumption, in addition to information and documents pertaining to any energy savings performance contract.
(10) To coordinate and oversee all aspects of this chapter.
(11) To establish partnerships and agreements with private entities or nonprofit organizations that directly or indirectly promote the objectives and principles set forth in this chapter.
History —Jan. 17, 2012, No. 19, § 2.2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8964 - Authorization

Government units shall implement energy conservation, energy efficiency, and profitable energy measures in order to seek greater efficiency in the operation of their facilities by reducing energy and water consumption and minimizing their environmental impact, pursuant to Executive Order 2009-004.
A government unit may execute an energy savings performance contract with a qualified energy savings company when it is determined that:
(1) The investment to be made in the implementation of energy conservation, efficiency, and renewable energy measures shall not exceed the accrued sum total of savings in operating, maintenance, and public utility expenses for a period of fifteen (15) years as of the date on which the energy savings performance contracts shall take effect.
(2) The qualified energy savings company shall provide a written warranty that the savings in public utility consumption, operating, and maintenance expenses shall surpass the cost of the conservation measures to be implemented.
(3) The energy and water conservation measures under the contract shall be implemented in an existing building at the time of executing the contract.
History —Jan. 17, 2012, No. 19, § 2.3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8965 - Chief agency

The Administration is hereby designated as the chief agency for the development and promotion of energy savings performance contracts in government units. The Administration shall discharge, according to its resources and budget, the following duties:
(1) To provide advice and information as necessary for the government unit to ratify energy savings performance contracts.
(2) To establish the norms that shall define the steps to be followed in the execution process of energy savings performance contracts.
(3) To qualify energy savings companies pursuant to the criteria and the procedures established by the Administration.
(4) To keep and update yearly a list of qualified energy savings companies.
(5) To provide government units with a general overview on the negotiation of basic contracts and pricing tables with qualified energy savings companies whenever the Administration deems it pertinent.
The norms adopted pursuant to this chapter shall provide that an independent engineer who holds a license and is certified by the College of Engineers and Surveyors of Puerto Rico shall review savings projections made by a qualified energy savings company.
History —Jan. 17, 2012, No. 19, § 2.4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8967 - Investment grade energy audit

The qualified energy savings company selected pursuant to the procedure provided in § 8956 of this title and regulations approved thereunder shall conduct an Investment grade energy audit, which, if accepted by the government unit, shall become a part of the energy savings performance contract finally executed. Said investment grade energy audit shall include estimate projections on savings in operating, maintenance, and public utility expenses, as well as estimates of all savings in expenses relative to energy conservation measures, including, among other issues, supplies, a breakdown of costs for design, engineering, equipment, supplies, installation, maintenance, repairs, and financing.
The Administration shall establish by regulation any exceptional conditions under which the execution of an energy savings performance contract shall not be authorized. Such regulation shall specify the maximum cost for an audit, taking into account the total area being audited and the structural complexity of the facilities.
History —Jan. 17, 2012, No. 19, § 2.6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8968 - Engineering services

Qualified engineers whose services are required to effectively carry out energy savings performance contracts shall review the savings projections of qualified energy savings companies. Qualified engineers shall focus primarily on proposal evaluation, project methodology, savings computations, increased income and, if possible, the efficiency and precision of gauging equipment.
Qualified engineers who review contracts shall keep the confidentiality of any and all information that they may acquire during such review.
History —Jan. 17, 2012, No. 19, § 2.7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8969 - Skilled and specialized personnel

All government units are hereby authorized to contract or subcontract, as their budgets allow, any necessary personnel, including skilled or specialized labor, to fully meet the objectives and principles of the public policy set forth in this chapter and carry out energy savings performance contracts.
History —Jan. 17, 2012, No. 19, § 2.8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8970 - Court review

(a) Energy savings companies who have been denied qualification by the Administration shall have a jurisdictional term of ten (10) days to file a motion for reconsideration of order denying qualification with the Administration. Such term shall begin to count from the date of notice of the order denying qualification. The motion for reconsideration shall state particulars and specifics of the facts and the applicable law and be grounded on substantial issues, in order for the Administration to have at hand all the necessary evaluation elements to adjudicate the reconsideration on its merits without any further efforts.
(b) The Administration shall have up to fifteen (15) days, counted from the filing date of the motion for reconsideration, to issue a final notice on the merits of such motion.
(c) If the Administration should ratify its order denying qualification or fails to take action within fifteen (15) days after the filing date of the motion for reconsideration, the term to request court review before the Court of Appeals shall begin to count from the date of such determination to ratify the denial of qualification, or upon expiration of the fifteen (15)-day term after the Administration has failed to take action.
(d) Energy savings companies that receive a final denial notice may request court review before the Court of Appeals within the jurisdictional term of ten (10) days, to be counted from the date of the Administration's final notice. The sole filing of a request for court review with the Court of Appeals shall not result in the automatic stay of the Administration's determination.
(e) Any affected party that wishes to stay the effects of the Administration’s determination shall file a petition for a writ in aid of appellate jurisdiction with the Court of Appeals. The writ in aid of appellate jurisdiction thus issued by the Court of Appeals shall render ineffective the Administration’s determination to deny a qualification certificate, among other issues to be addressed in such writ. This writ in aid of appellate jurisdiction shall have a maximum term of sixty (60) days, within which the Court of Appeals shall adjudicate the court review on its merits.
(f) Should the writ in aid of appellate jurisdiction rendering ineffective the denial of a qualification certificate not be granted, the Administration shall bar the petitioner from the Qualified Energy Savings Company List until the reviewing judicial entities rule otherwise.
(g) No request for court review other than that provided for in this chapter or which is not within the terms or is not compliant with the procedures provided for herein, may be instituted or filed.
History —Jan. 17, 2012, No. 19, § 2.9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8971 - Payment and performance bond

As a condition to execute an energy savings performance contract, the qualified energy savings company shall provide evidence of having posted a performance bond in favor of the government unit. The bond shall be issued by an underwriter authorized by the Insurance Commissioner to do business in this jurisdiction that has, at the very least, a B+ rating as published by A.M. Best. The bond shall have the purpose of guaranteeing energy savings measures and contractual representations made by the qualified energy savings company as agreed under the energy savings performance contract.
History —Jan. 17, 2012, No. 19, § 2.10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8972 - Savings measurement and independent ascertainment

During the term of effectiveness of the energy savings performance contract, the qualified energy savings company shall assess any savings in energy consumption generated by reason of the energy conservation and efficiency measures implemented under the contract, as well as any costs attributable to the implementation of such measures. At least once every three (3) months per year under contract, the energy savings company shall submit a report to the government unit and the Administration whereby the results of energy conservation and efficiency measures, as well as renewable energy measures, shall be ascertained pursuant to the criteria set forth in this chapter and the regulations approved thereunder. A licensed independent engineer certified by the College of Engineers and Surveyors of Puerto Rico shall certify the accuracy of the savings stated on the report. The qualified energy savings company may make recommendations and suggest that the government unit modify any savings computations, as established in the Contract, solely and exclusively under the following circumstances:
(a) Any substantial changes in the basic energy consumption identified at the beginning of the energy savings performance contract;
(b) any unforeseeable substantial changes in public utility rates;
(c) any changes in the period covered by the public utility bill;
(d) any changes in the total surface area of the building;
(e) any changes in the operating plan of the government unit's facilities;
(f) any changes in the temperature of the government unit's facilities;
(g) any significant changes in the amount of equipment or lighting in the facilities, and
(h) any other change that could be construed to reasonably modify electric power use or costs.
Government units and qualified energy savings companies shall state on a report to the Administration, the name of the project under the energy savings performance contract, the investment, and the savings in electric power consumption as agreed in the contract in question. Such information shall be furnished to the Office within a term of sixty (60) days after the date of award of the energy savings performance contract. The Administration shall be empowered to impose fines on qualified energy savings companies if these should fail to submit such reports within the term provided for in this section. This fine shall not exceed $2,500.00 for each report not filed on time.
History —Jan. 17, 2012, No. 19, § 2.11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8973 - Installment contract and lease contract with call option

Government units may use appropriated funds, bonds, or any kind of investment or loan instrument created and authorized by the Government Development Bank, and the constructs of lease or financial lease contracts, lease contracts with call option, and installment contracts to acquire lighting control equipment, accessories, devices, and systems, including natural light-harvesting systems.
Guaranteed energy savings performance contracts may provide for financing, including financing through a third party. For financing, either sought by the energy savings company or provided by a third party (bank or financial institution), a clause shall be included to establish that the energy savings company or the financial entity shall have no more rights or privileges than those due under the energy savings performance contract. However, both the energy savings companies and the government unit shall seek financial advice from the Government Development Bank for the project in question in order for the government unit to be able to compare and/or choose the most convenient public or private financing alternative from among those presented by the energy savings company or the Government Development Bank. In discharging this duty, the Government Development Bank is under the obligation to include and consult the Energy Affairs Administration by reason of its being the agency with the specialized knowledge in the energy efficiency and renewable energy field, which specialized knowledge shall enable the Government Development Bank to recommend the most appropriate public or private financing option in benefit of the government unit.
History —Jan. 17, 2012, No. 19, § 2.12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8974 - Schedule for payments and savings

Energy savings performance contracts shall provide that all payments between the parties, except for obligations upon termination of the contract before its expiration date, shall be made pursuant to the agreements in the energy savings performance contract between the government unit and the qualified energy savings company. Seeing as the objective of such energy savings performance contracts the implementation of measures to conserve energy and generate savings in energy and operating costs, such payments shall be subject to the completion and success of savings measures stated in the contract, and the energy savings company shall be under the obligation to assume any monetary difference between the energy consumption savings set forth in the contract and those generated each year under contract.
History —Jan. 17, 2012, No. 19, § 2.13.