2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 505 - Puerto Rico Proper Scrap Tire Management Act (§§ 8091 — 8108) › § 8105 - Proper Scrap Tire Management Fund

(a) A fund to be known as the Proper Scrap Tire Management Fund is hereby created in the Bank under the responsibility, jurisdiction, and administration of the Board. It shall be nourished primarily from the revenues of the Board on account of the Scrap Tire Management and Disposal Fee adopted in § 8093a of this title and which shall be charged to tire importers and manufacturers. The resources of the Fund shall be allocated through the regulations.
(b) The payment of the fees set forth by the Board shall be authorized from the import or manufacture of tires in light of the revenues in the Commonwealth of Puerto Rico.
(c) No payment shall be processed for invoices submitted to the Board more than one hundred and sixty (160) days after the receipt or delivery of the material, as applicable.
(d) Funds appropriated to the Board, the Authority, and the Treasury in accordance with the regulations adopted hereunder shall be used solely for the administration of the powers and functions delegated under this chapter.
(e) The total amount of the fund to be allocated shall never exceed one hundred percent (100%) of the revenues.
(f) Emergencies related to tires that pose a risk to the human health, the environment, and the property may be addressed by using the Fund to hire skilled personnel, purchase or lease equipment, materials, services, and to defray other expenses related to the emergency. Emergencies of this nature shall be declared by the Board.
Any expenses incurred by the Board in addressing emergencies related to tires may be recovered through an administrative order issued by the Board or through a civil action filed with a General Court of Justice of the Commonwealth of Puerto Rico or the United States of America against any person responsible for the emergency. Once recovered, the Board shall reimburse such monies to the Fund created under this chapter.
(g) It is hereby provided that, for Fiscal Year 2014-2015, the sum of five million dollars ($5,000,000) shall be transferred from this Fund to the Legal Liability Fund.
(h) Provided, further, that for Fiscal Year 2015-2016, the sum of nine million dollars ($9,000,000) in account number 0140000-226-081-2012 of the accounting system of the Department of the Treasury, as well as the sum of eight hundred thousand dollars ($800,000) in account number 0240000-226-081-1998 of the accounting system of the Department of the Treasury, shall be transferred to the 2015-2016 Municipal Support Fund. Likewise, the sum of one hundred fifty thousand dollars ($150,000) accounted for in account number 0250000-226-781-2012 of the accounting system of the Department of the Treasury shall be transferred to the Special Education Students Service and Therapy Fund.”
(i) It is hereby provided that, for Fiscal Year 2014-2015, the sum of five million dollars ($5,000,000) shall be transferred from this Fund to the Legal Liability Fund.
(j) Provided, further, That for Fiscal Year 2015-2016, the sum of nine million dollars ($9,000,000) in account number 0140000-226-081-2012 of the Department of the Treasury’s accounting system and, the sum of eight hundred thousand dollars ($800,000) available in account number 0240000-226-081-1998 of the Department of the Treasury’s accounting system shall be transferred from this Fund to the “2015-2016 Municipal Support Fund”. Likewise, the sum of one hundred and fifty thousand dollars ($150,000) available in account number 0250000-226-781-2012 of the Department of the Treasury’s accounting system shall be transferred to the “Special Education Student’s Therapy and Service Fund”, created by Act No. 73-2014.
History —July 22, 2009, No. 41, § 16, eff. Oct. 30, 2011; July 12, 2011, No. 135, § 16; July 1, 2014, No. 78, § 8; July 2, 2015, No. 105, § 7; Mar. 4, 2016, No. 16, § 2.