2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 9 - Aqueduct and Sewer Authority (§§ 141 — 169) › § 141 - Short title; definitions

Sections 141—161 of this title may be cited under the name of “Puerto Rico Aqueduct and Sewer Authority Act”.
The following terms and words, as used in §§ 141—161 of this title, shall have the meanings stated below, unless the context indicates any other or a different meaning or intent:
(a) [Omitted.]
(b) Authority. — Shall mean the Puerto Rico Aqueduct and Sewer Authority created by § 142 of this title or, if said Authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by §§ 141—161 of this title to the Authority shall be given by law, and if no successor board, body or commission shall be created, then the Department of Transportation and Public Works of Puerto Rico.
(c) Commonwealth Aqueduct System. — Shall mean all the plants, systems, facilities or properties that are used or usable, or having the present capacity for future use in connection with the supplying or distribution of water, or any integral part thereof, which are owned, operated or controlled by the Authority and it shall embrace water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filter stations, purification plants, hydrants, meters, valves and equipment, improvements (as hereinafter defined) to any of such properties heretofore or hereafter constructed or acquired, and all properties, rights, easements and franchises relating to such facilities and deemed necessary or convenient by the Authority for the operation thereof, as distributed throughout the various regions (Metro, North, South, East and West), into which its operations are divided.
(d) Commonwealth Sewer System. — Shall mean all the plants, systems, facilities or properties that are used or usable, or having the present capacity for future use in connection with the collection, treatment or disposal of sewage, which are owned, operated or controlled by the Authority, including wastes resulting from any processes of industry, manufacture, trade or business or from the development or utilization of any natural resources, or any integral part thereof, and shall embrace treatment plants, pumping stations, intercepting sewers, collecting sewers, lateral sewers, pressure lines, mains and all necessary appurtenances and equipment, improvements (as hereinafter defined) of any such properties, rights, easements and franchises relating to such facilities and deemed necessary or convenient by the Authority for the operation thereof, as distributed throughout the various regions (Metro, North, South, East and West), into which its operations are divided.
(e) Improvements. — Shall mean any and all replacements, additions, extensions and betterments of and to the Commonwealth Water System or the Commonwealth Sewer System, whether acquired or constructed as an integral part of the Commonwealth Water System or the Commonwealth Sewer System, or otherwise.
(f) Cost. — As applied to improvements shall mean the cost of acquiring or constructing improvements as hereinabove defined and shall embrace:
(1) The amount required to be paid for any improvement acquired by purchase, transfer, or condemnation, the cost of all labor, materials, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction or reconstruction and for one year after completion of construction or reconstruction, fund for working capital, cost of plans and specifications, surveys and estimates of cost and of revenues, cost of legal and engineering services, and all other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, administration expenses and such other expenses as may be necessary or incident to the financing herein authorized;
(2) any obligation or expense heretofore or hereafter incurred with the approval of the Authority, by the Commonwealth of Puerto Rico, or any department, agency or instrumentality thereof, for surveys, borings, preparation of plans and specifications, and other engineering or professional services in connection with the operation of the Commonwealth Water System, the Commonwealth Sewer System, or such systems in combination, the maintenance thereof or improvements thereto, and the amount of such obligation or expense may be reimbursed to the Commonwealth of Puerto Rico or to such department, agency, or instrumentality thereof, as the case may be, out of the proceeds of revenue bonds hereinafter authorized, and
(3) any amount necessary to be provided by the Authority for the purpose of paying or discharging any outstanding notes or other obligations issued or assumed by it or payable in whole or in part from the revenues of the Commonwealth Water System, the Commonwealth Sewer System, or such systems in combination.
(g) Bonds. — Shall mean the revenue bonds, temporary bonds, interim certificates, refunding bonds, notes, certificates, or other evidences of obligations which the Authority is empowered to issue or incur under §§ 141—161 of this title.
(h) Controller. — For the purposes of §§ 141—161 of this title, shall mean the Intemal Controller of the Authority.
(i) Executive Director or Executive President. — Means the Executive President of the Authority, appointed pursuant to the provisions of § 143 of this title.
(j) Independent director. — Means each one of the five (5) private citizens who are members of the Board of Directors of the Authority, appointed pursuant to the provisions of § 143 of this title.
(k) Government director. — Means each of the two (2) representatives of the municipalities, which shall be the Executive Director of the Mayors Association and the Executive Director of the Mayors Federation, as well as each of the two (2) directors that hold the position of ex officio members of the Board of Directors of the Authority by virtue of holding the office of President of the Planning Board and Executive Director of the Electric Power Authority, pursuant to the provisions of § 143 of this title.
(l) Board. — Means the Board of Directors of the Authority established pursuant to the provisions of § 143 of this title.
(m) Private operator. — Means any entity, that could be a natural person, contracted by the Authority to administer and operate the Commonwealth Aqueducts System or the Commonwealth Sewer System or a portion thereof or both.
(n) Executive employees. — Means the executive officers identified in § 143 of this title, their assistants, the support personnel of said executive officers and any other employee of the Authority appointed by the Board who is classified as a confidential employee by the Board.
(o) Executive officers. — Means the persons who hold positions is identified in § 143 of this title or any other executive officer positions created by the Board.
(p) Administration contract. — Means the contract between the Authority and the private operator for the administration and operation of the Commonwealth Aqueducts System or the Commonwealth Sewers System or a portion thereof or both.
(q) Infrastructure Executive Director. — Shall mean the person that holds the office of Infrastructure Executive Director pursuant to the provisions of § 143 of this title.
(r) Regional Executive Director. — Shall mean the person that holds the office of Regional Executive Director pursuant to the provisions of § 143 of this title.
(s) Executive offices. — Shall mean all offices, positions and former or present employees appointed as of July 1, 2002, for the supervision of the private operator pursuant to Act No. 95 of June 30, 2002.
History —May 1, 1945, No. 40, p. 138, § 1; May 3, 1949, No. 163, § 1; Dec. 28, 1998, No. 328, § 1; June 30, 2002, No. 95, § 1; Mar. 31, 2004, No. 92, § 1; Dec. 21, 2006, No. 275, § 1.