2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 501 - Environmental Public Policy (§§ 8001 — 8007f) › Subchapter II - Environmental Quality Board (§§ 8002 — 8002p) › § 8002o - Advisory Council, creation; Advocate

(a) The Environmental Quality Board shall assist and advise the Governor of Puerto Rico and the Legislature in the creation of the Small Business Advisory Council (the “Council”) and in the designation of an Advocate (the “Advocate”) for matters relative to the Program required under Section 501 of the Clean Air Act. The Board shall serve as the Secretariat of the Advisory Council, with the purpose of preparing and disclosing reports and consultative opinions.
(b) The Council shall be constituted by the following persons:
(1) Two (2) persons, other than owners or persons representing owners of small businesses that operate pollutant emission sources, to be selected by the Governor to represent the public interest.
(2) Two (2) persons who own or who represent owners of small businesses that operate atmospheric pollutant emission sources, each of whom shall be selected by the Majority and the Minority Floor Leaders of the House of Representatives.
(3) Two (2) persons who own or who represent owners of emission sources of small businesses that operate atmospheric pollutant emission sources, each of whom shall be selected by the Majority and the Minority Floor Leaders of the Senate of Puerto Rico.
(4) One (1) member selected by the Chair to represent the Environmental Quality Board.
(c) The Council shall at the very least:
(1) Render consultative opinions concerning the effectiveness of the Small Business Technical Assistance and Environmental Compliance Program of the Government of Puerto Rico (the “Small Business Program”), including any difficulties encountered and the degree and severity of the oversight actions taken;
(2) prepare periodical reports for the consideration of the Chair of the Environmental Quality Board and the Administrator of the United States Environmental Protection Agency regarding compliance of the Small Business Program with the requirements of the Paperwork Reduction Act (44 U.S.C. §§ 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. §§ 601 et seq.), and the Equal Access to Justice Act (5 U.S.C. § 504), and
(3) review the information to be made public by the Small Business Program to ensure that such information is readily understandable.
(d) Council members shall serve for a term of three (3) years and continue to hold office until their corresponding successors are designated. Traveling expenses, mileage, toll fees and per diems expended in the discharge of their duties shall be reimbursed by the Small Business Program.
(e) The Advocate for Small Businesses shall be designated by the Governor with the advice and consent of the Legislative Branch. One of the main functions of the Advocate shall be to represent small businesses before government agencies. This office shall also be entrusted with the following functions:
(1) To conduct independent evaluations on all aspects of the Small Business Program (SBP).
(2) To review and issue comments and recommendations to the E.P.A. and local authorities in connection with the development and implementation of regulations that may have an impact on small businesses.
(3) To facilitate and encourage the participation of small businesses in the development of new regulations that may affect the latter.
(4) To provide assistance in the preparation of reports to higher authorities and the public in connection with the applicability to small businesses of the requirements set forth under the Clean Air Act.
(5) To assist in the disclosure of information (i.e. regulations proposed, control technology, etc.) to small businesses and other interested groups.
(6) To sponsor and participate in meetings and conferences with officials from local oversight agencies, industrial groups, and small business representatives.
(7) To assist in the investigation and resolution of complaints and disputes of small businesses against local regulatory authorities.
(8) To periodically review the works and the services provided by the Small Business Program (SBP) to small businesses.
(9) To refer small businesses to the proper SBAP specialist, so that they may obtain information and assistance concerning viable alternate technologies, changes in processes, products, and operational methods to reduce atmospheric pollution and accidental leakages.
(10) To assist in or arrange for the preparation of guideline documents for the SBAP so as to ensure that the language can be readily understood by non-technical personnel.
(11) To work with manufacturer and small business associations on matters relative to voluntary acts of compliance with regulations.
(12) To act as a liaison among the Small Business Administration, the Department of Commerce, and federal agencies that may have financial assistance programs for small businesses to comply with environmental regulations.
(13) To act as a liaison with financial institutions to assist small businesses in locating financial assistance sources as necessary to comply with local requirements of atmospheric pollution control.
(14) To conduct evaluation studies about the impact of the law on the economy of Puerto Rico and on small businesses.
(f) The Air Quality Area shall act as a liaison within the Environmental Quality Board to furnish all documents relative to technology and control procedures so as to assist the Office of the Advocate in the discharge of its responsibilities. The Office of the Advocate may operate a hotline (may be a toll-free number) to provide confidential assistance to sources in order to address their individual problems and complaints.
History —Sept. 22, 2004, No. 416, § 21, eff. 6 months after Sept. 22, 2004.