2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 15 - Puerto Rico Industrial Incentives Generally (§§ 10001 — 10855) › PART III - Other Tax Incentives (§§ 10401 — 10855) › Chapter 942 - Green Energy Incentives Act of Puerto Rico (§§ 10421 — 10446) › Subchapter II - Green Energy Investment Incentives (§§ 10422 — 10442) › § 10439 - Nature of grants

(a) In general. — The tax exemption decree granted under this chapter shall be deemed to be in the nature of a contract between the grantee, its shareholders, partners or owners, and the Government of Puerto Rico, and shall be deemed to be the governing law between the parties. Said contract shall be construed liberally in harmony with the purpose of this chapter of promoting the protection of our environment and the socioeconomic development of Puerto Rico by establishing green energy sources. The Secretary of Economic Development and Commerce shall exercise discretion to include in the name or on behalf of the Government of Puerto Rico those terms, conditions and exemptions that are consistent with the purposes of this chapter and that shall promote such objectives, taking into consideration the nature of the petition or action requested, as well as the related facts and circumstances that may apply to each particular case.
(b) Obligation to comply with the representation made in the application. — All exempt businesses shall conduct their substantially exempt operations as represented in the application, except when these have been changed under amendments authorized by the Secretary of Development as requested by the grantee, pursuant to the provisions of this chapter.
(c) Administrative decisions; finality. —
(1) All decisions and determinations of the Secretary of Development under this chapter as to the granting of the decree and the contents thereof shall be final and no judicial or administrative review or any other recourse shall proceed, unless otherwise specifically provided; Provided, That once a decree is granted under this chapter, no agency, public instrumentality, political subdivision, public corporation or municipality, whether autonomous or not, of the Government of Puerto Rico, other than the Secretary of Economic Development and Commerce or the Governor, may challenge the legality of such decree or of any provisions thereof.
(2) Any grantee adversely affected or harmed by any action taken by the Secretary of Development to revoke and/or cancel an exemption decree pursuant to § 10438(f)(2) of this title, shall be entitled to a judicial review by filing an appeal for review with the Puerto Rico Circuit Court of Appeals within thirty (30) days from the final decision or adjudication of the Secretary of Development. During the process of the judicial review, the Secretary of Development is hereby authorized to postpone the effective date of any action taken by him/her when, in his/her judgment justice so requires, under those conditions required and to the extent necessary to prevent irreparable harm. When said postponement is requested and denied, the court before which the review is requested through a certiorari, including the Supreme Court of Puerto Rico, may decree any procedure necessary and appropriate to postpone the effective date of any action taken by the Secretary of Development, to preserve the status or rights of the parties until the conclusion of the review proceedings, after posting bond in favor of the Secretary of the Treasury for the amount of the unpaid taxes to date, plus interest and penalties, plus interest computed for the period of one (1) year at the prevailing legal rate.
(3) Any ruling or judgment of the Circuit Court of Appeals of Puerto Rico shall be subject to review by the Supreme Court of Puerto Rico by means of a certiorari requested by any of the parties as provided by law.
History —July 19, 2010, No. 83, § 2.18.