reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 124A - Adopt a Hectare Program (§§ 1242 — 1249) › § 1246 - Incentives

The Coordinator shall provide the entities and persons that participate in the Program with a certificate of acknowledgement and a photograph of the hectares that have been adopted, once the acquisition process of the natural high value areas has been concluded. Said certificate may be used by profit making or nonprofit entities in their publicity campaigns. They may likewise be able to install a sign with the name of the donor in the property acquired through the donation of the entity. This incentive shall be limited to those donations that exceed an amount to be fixed through regulations. The hectares adopted may be visited by the participants, in coordination with the officials who manage the natural areas included in the Program. Furthermore, the Department may devise activities to foster the participation of the citizens and environmental organizations.
The donations do not have to be used exclusively in cash and the Department shall establish through regulations which properties may be donated. Regulations shall also be drafted to establish the ways and means in which the Department may accept onerous donations without it being inferred under any circumstances that the Department shall enter into a bilateral contractual relationship with the donor by which the agency is bound to provide any compensation in exchange for the donation, except as provided in this chapter.
History —Aug. 17, 2001, No. 108, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 124A - Adopt a Hectare Program (§§ 1242 — 1249) › § 1247 - Special Fund

The money collected shall be covered into a special account in the Special Fund in favor of the Department, henceforth denominated “Fund”, as provided in §§ 1225 et seq. of this title, known as the “Puerto Rico Natural Patrimony Program Act”, and shall be deposited in a special account.
History —Aug. 17, 2001, No. 108, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 124A - Adopt a Hectare Program (§§ 1242 — 1249) › § 1248 - Educational campaign

To promote participation in the Program, the Department shall establish certain educational campaigns through the development of videos, poster contests, conferences and training programs as well as through the public means of communication. It shall likewise establish coordination with environmental organizations, communities and others to foster participation in said campaigns.
The educational campaign may be a collaborative effort among government agencies.
History —Aug. 17, 2001, No. 108, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 124A - Adopt a Hectare Program (§§ 1242 — 1249) › § 1249 - Management agreements

The Department, in conjunction with the agencies concerned, shall delimit the uses and potential of the resources and the characteristics of the proposed natural value area that shall be included in the Program. It shall also establish management agreements through which the neighboring communities shall be given participation for their enjoyment of environmental service areas.
History —Aug. 17, 2001, No. 108, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1251 - Short title

This chapter shall be known as the “Puerto Rico Industrial, Tourist, Educational, Medical, and Environmental Control Facilities Financing Authority Act”.
History —June 27, 1977, No. 121, p. 310, § 1; June 12, 1978, No. 48, p. 152, § 1; July 12, 1985, No. 102 § 2; July 28, 1988, No. 139, § 2; Sept. 10, 1993, No. 79, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1252 - Public policy

The Legislative Assembly concludes and determines that the development and expansion of commerce, industry, tourism, health services, and education within the Commonwealth of Puerto Rico are essential elements to the economic growth of the Island and to attain full employment and preserve the health, welfare, safety, and prosperity of all its citizens. It also concludes and determines that Puerto Rico’s industry needs and requires new methods to finance the capital investments needed to acquire the devices, equipment, and facilities necessary for its operations, including environmental pollution control; that it is necessary to provide adequate, modern, and efficient medical facilities to improve medical-hospital care and services received by Commonwealth citizens to the utmost; that additional methods are required to finance the construction of tourist facilities and amenities that attract tourists to Puerto Rico; that it is necessary to provide adequate education facilities for the academic training and improvement of the citizens of the Commonwealth of Puerto Rico; that the aid provided in this chapter, including financial assistance, is therefore in the public interest and serves a public purpose in promoting the economic development, health, education, welfare, and safety of the citizens of the Commonwealth of Puerto Rico. The purpose of this chapter is to carry out and make effective the findings of the Legislative Assembly and, to that end, provide the Industry of Puerto Rico with an alternate method of financing, so as to promote, expand, and establish facilities for its operations, including environmental pollution control, and provide alternate methods for the acquisition and construction of tourist, medical, and educational facilities.
History —June 27, 1977, No. 121, p. 310, § 2; June 12, 1978, No. 48, p. 152, § 2; July 12, 1985, No. 102, p. 335, § 3; July 28, 1988, No. 139, p. 579, § 3; Dec. 16, 2009, No. 180, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1256 - Criteria and requirements

In carrying out any project under the provisions of this chapter, the Authority shall be guided by and shall observe the following criteria and requirements; Provided, That the determination of the Authority as to its compliance with such criteria and requirements shall be final and conclusive:
(a) No financing agreement with respect to a project shall be subscribed if the debtor, together with his guarantor, is not financially responsible, fully capable, and willing to fulfill his obligations under the financing agreement, including the obligation to make payments in the amounts and on the dates required, to operate, repair, and maintain the project on his own account and expense, to pay the costs incurred by the Authority in connection with the project, and to comply with the purposes of this chapter and to fulfill such other responsibilities as may be imposed under the terms of the financing agreement.
(b) Adequate provisions shall be made for the payment of the principal of and the interest on the bonds, and to create and maintain the reserves required therefor, if any, as the Authority may determine, and for paying the costs incurred by the Authority in connection with the project.
(c) In the projects for medical facilities a determination by the Secretary of Health and/or the Secretary of the Family will be required in accordance with the applicability of said departments over the project, that there is a need for the proposed medical facilities in the area in which the project is to be located and the project will alleviate or satisfy said need. In the cases of facilities for alcohol or drug detoxification or mental health a similar determination by the Administrator of the Mental Health and Addiction Services administrator shall also be required. Such determinations shall be made pursuant to § 1257 of this title.
History —June 27, 1977, No. 121, p. 310, § 6; June 12, 1978, No. 48 § 6; Sept. 10, 1993, No. 79, § 4; Aug. 11, 1994, No. 61, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1257 - Procedural requirements

In addition to the projects initiated by the Authority, one or more local agency(ies) or any person may submit a proposal to the Authority for the financing of a project, using the forms and following the instructions prescribed by the Authority. Such proposal shall establish the type and location of the project and shall include any other information and data that are available to any local agency or person submitting the proposal and the prospective debtor, if any. The Secretary of Health, the Secretary of the Family or the Administrator of the Mental Health and Addiction Services Administration shall make the determination required in § 1256(c) of this title with regard to any projects for medical facilities, and the Authority shall be bound by such determination. The Secretary of Health, the Secretary of the Family or the Administrator of the Mental Health and Addiction Services Administration, may also request any local agency to provide any information and data that the Authority deems pertinent, and the local agencies are hereby authorized to provide any information and data they have available, and otherwise render to them the help and cooperation that they may need to carry out the purposes of this section. The Secretary of Health or the Secretary of the Family, or the Administrator of the Mental Health and Addiction Services Administration, may also request any prospective debtor to furnish information and data regarding the project and said debtor. They are also authorized to conduct or cause to be conducted, in conjunction with the local agencies and to the maximum extent viable, such investigations, evaluations, studies, reports and reviews that may be necessary and desirable, in their judgment, to determine the feasibility and desirability of the project, the manner in which the project shall contribute to the safety, health and welfare of the inhabitants of the area in which it will be located, and, with respect to the prospective debtor, the experience, background, past and present financial situation, service record, and the integrity and capacity of said debtor’s management team; the manner in which the project or the prospective debtor adjusts to the criteria and requirements of this section, and any other factors deemed relevant or convenient to ensure compliance with the purposes of this section. In making such determinations, they may rely on the findings of the health service consultants and financial advisors who have been contracted in connection with any proposed project to be financed by the Authority.
History —June 27, 1977, No. 121, p. 310, added as § 7 on June 12, 1978, No. 48, § 7; Sept. 10, 1993, No. 79, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1258 - Tax exemption

(a) It is hereby resolved and declared that the purposes for which the Authority is created and shall exercise its powers are the strengthening of industry, tourism, and commerce, the promotion of economic development, and the improvement of public safety, health and education, as well as the general welfare, all of which are public purposes for the benefit of the People of Puerto Rico, and the exercise of the powers vested under this chapter constitute the performance of essential government functions. Therefore, the Authority shall not be required to pay taxes, excises, or assessments on any of the properties acquired by the Authority or under the jurisdiction, authority, control, domain, possession, or supervision of the Authority or on the revenues derived from any of the Authority’s undertakings or activities.
(b) In order to facilitate the procurement of funds to enable it to carry out its corporate purposes, the bonds issued by the Authority under the provisions of this chapter, their transfer and the income therefrom (including any gains obtained from their sale) shall be and at all times remain exempt from the payment of income taxes levied by the Commonwealth of Puerto Rico or any of its political subdivisions.
History —June 27, 1977, No. 121, p. 310, § 7, renumbered as § 8 and amended on June 12, 1978, No. 48, p. 162, § 8; July 12, 1985, No. 102, p. 335, § 6; July 28, 1988, No. 139, p. 579, § 6; Dec. 16, 2009, No. 180, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1259 - Construction contracts

Contracts for the construction of any project, or any part thereof, may be awarded by the Authority through competitive bidding that will promote a free and open competition, including publication for competitive bids in a newspaper of general circulation in Puerto Rico. The Authority shall prescribe such bid surety requirements and other procedures in connection with the award of such contracts, which, in its judgment, shall protect the public interest.
The Authority may provide by written contract that it or the trustee under a trust agreement may make advances or reimbursements to the debtor or prospective debtor, from the proceeds of bonds for the acquisition and construction of any project, including the acquisition of the site and other real property for such project, the preparation of plans, specifications and contracts, the inspection and supervision of the construction, the employment of engineers, architects, builders and other contractors, to cover the costs incurred, and it shall set forth the documents that said debtor or prospective debtor must submit to the Authority or the trustee, as well as the inspections, examinations and audits which shall be required in connection therewith to assure compliance with the provisions of this chapter and such contract.
History —June 27, 1977, No. 121, p. 310, § 8, renumbered as § 9 and amended on June 12, 1978, No. 48, p. 162, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1260 - Conflict of interest

No official, member, agent or employee of the Authority, the Commonwealth of Puerto Rico or any local agency shall have any direct or indirect interest in any contract with the Authority, or in the sale of real or personal property to the Authority, to be used for any project; Provided, however, That this section shall not apply to any interest which the Authority may determine is so small as not to fall within the purview of the purpose of this section. If such official, member, agent or employee should have any interest in real property acquired prior to the determination of the location of any project, such interest shall be informed immediately to the Authority and evidence of it shall be set forth in the minutes of the Board of Directors of the Authority and the official, member, agent or employee having such interest therein should not participate in behalf of the Authority in its acquisition of said property.
Provided, That any official, member, agent or employee of the Authority who violates the provisions of this section shall be discharged from his position and, in addition, if found guilty and convicted of a felony, shall be subject to a fine that shall not exceed $5,000 or imprisonment for a maximum term of five (5) years, or both penalties in the discretion of the court.
History —June 27, 1977, No. 121, p. 310, § 9, renumbered as § 10 and amended on June 12, 1978, No. 48, p. 162, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1261 - Commonwealth and its political subdivisions not liable for bonds

The bonds issued by the Authority shall not constitute an indebtedness of the Commonwealth of Puerto Rico nor of any of its political subdivisions, and neither the Commonwealth of Puerto Rico nor any of its political subdivisions shall be liable therefor, and such bonds shall be payable solely out of those funds pledged for the payment thereof.
History —June 27, 1977, No. 121, p. 310, § 10, renumbered as § 11 on June 12, 1978, No. 48, p. 162, § 11.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1263 - Trust agreement

In the discretion of the Authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company within or without the Commonwealth of Puerto Rico.
It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth of Puerto Rico, the United States or any state of the United States which may act as depositary of the proceeds of the bonds, revenues or other moneys, to furnish such indemnity bonds or to pledge such securities as may be required by the Authority. In addition to the foregoing, the trust agreement may contain all such provisions as the Authority may deem reasonable and proper for the protection of the bondholders.
History —June 27, 1977, No. 121, p. 310, § 12, renumbered as § 13 and amended on June 12, 1978, No. 48, p. 162, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1264 - Revenue

The fees, rents, charges and all other revenues derived by the Authority from the project, related to the bonds of any issue, except such part as may be necessary to pay the costs incurred by the Authority in said project and to provide such reserves, if any, as may be provided for in the trust agreement securing such bonds, shall be set aside regularly in a reserve fund for the payment of debt service, as may be provided in the trust agreement, which is hereby pledged as security for the payment of the principal and interest on such bonds as these become due and the redemption or purchase price of bonds withdrawn by redemption or purchase, as it has been provided.
The fees, rents, charges and other revenues and monies so pledged including those monies in any account or fund created under the trust agreement and those subsequently received by the Authority shall immediately be subject to said lien without the need of the physical delivery thereof or any other act, and said lien shall be valid and binding and shall prevail against any third party having any kind of claim for damages, breach of contract or other reason, against the Authority, the debtor or user, regardless of whether such third party has been notified or not on that matter. Neither the trust agreement nor the financing agreement by which a collateral contract is executed, or by which the Authority’s rights on any revenues are assigned, shall have to be filed or recorded in order to perfect the lien therein against any third party, except in the records of the Authority. The use and disposition of monies to the credit of the sinking fund for debt service payment or any other reserve required by the Tourist Development Fund shall be subject to the provisions of such trust agreement. Except as otherwise provided in the trust agreement, such sinking fund for debt service payment shall be a fund for all such bonds without distinction or priority of one over another.
History —June 27, 1977, No. 121, p. 310, § 13, renumbered as § 14 and amended on June 12, 1978, No. 48, p. 162, § 14; Aug. 12, 1995, No. 195, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1265 - Refunding bonds

(a) The Authority is hereby authorized to issue refunding bonds of the Authority for the purpose of refunding those bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or accruing on the date of redemption or maturity of such bonds, and, if deemed advisable by the Authority, for either or both of the following additional purposes:
(1) Constructing improvements, additions, extensions or enlargements of any project or projects in connection with which the bonds to be refunded shall have been issued, and
(2) paying the total or partial cost of any additional project or projects. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Authority regarding the same shall be governed by the provisions of this chapter which relate to the bond issue insofar as such provisions may be applicable therefor.
(b) Refunding bonds issued under this section may be sold or exchanged for outstanding bonds issued under this chapter, and, if sold, the proceeds thereof may be applied, in addition to any other authorized purpose, to the purchase, redemption or payment of such outstanding bonds. Refunding bonds may be issued, as the Authority may determine at any time, on or before the date of maturity or maturities or the date selected for the redemption of the bonds being refunded. Pending the application of the proceeds of such refunding bonds, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the bonds being refunded, and, if so provided or permitted in the trust agreement securing such refunding bonds, such proceeds may be invested in direct obligations of, or obligations of which the principal of and the interest on are intentionally guaranteed by the United States of America and which shall mature or be subject to redemption by the holder thereof, at his option, no later than the respective dates when such principal, with the interest accrued thereon will be required, and be sufficient with other available funds, for the purposes they are intended.
History —June 27, 1977, No. 121, p. 324, § 14, renumbered as § 15 and amended on June 12, 1978, No. 48, p. 162, § 15.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1266 - Additional powers

(a) The Authority is hereby authorized to acquire existing industrial, tourist, educational, medical and environmental control and solid waste disposal facilities, and to assume and use the proceeds from the sale of bonds and other funds, to pay whatever obligations and commitments related thereto, that the Authority deems necessary for the construction of improvements, additions or extensions to said facilities, or for the purpose of rehabilitating, remodeling or updating them.
(b) The Authority, after conducting a survey that shows that it is necessary or convenient to acquire any real property or other rights on lands, developed or undeveloped, encumbered or unencumbered, for its immediate or future use, may acquire any property in a lawful manner, including condemnation, notwithstanding the fact that such property may already be devoted to public use.
(c) The Authority is hereby authorized to purchase and keep in force, or to cause the purchase and keeping in force of adequate insurance to cover any project or industrial, tourist, medical, educational, pollution-control or solid-waste disposal facilities owned by the Authority, including the operation thereof.
(d) The Authority is authorized to obtain to the fullest extent possible, contributions, loans, donations, mortgage insurance, guaranties and any other financial assistance that is or may be available from any federal agency, and in connection herewith, to execute contracts and comply with the requirements incidental to such assistance, and to fulfill and carry out the obligations as may be imposed thereunder. To be able to obtain any such assistance from any federal agency, or with regard to any project, the Authority is hereby authorized to act for and in behalf of the Commonwealth of Puerto Rico, to the extent required under any federal law or regulation promulgated hereon.
History —June 27, 1977, No. 121, p. 310, § 15, renumbered as § 16 and amended on June 12, 1978, No. 48, p. 162, § 16; July 12, 1985, No. 102, p. 335, § 7; July 28, 1988, No. 139, p. 579, § 7; Sept. 10, 1993, No. 79, § 6; Dec. 16, 2009, No. 180, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1267 - Covenant of Commonwealth with bondholders

The Commonwealth of Puerto Rico does hereby pledge to and agree with the holders of any bonds issued under this chapter, and with those persons or entities who may enter into contracts with the Authority, pursuant to the provisions hereof, that it shall not limit or alter the rights hereby vested in the Authority until such bonds and the interest thereon are fully met and discharged and such contracts are fully performed and fulfilled on the part of the Authority; Provided, however, That nothing herein contained shall affect or alter such limitation if adequate measures are provided by law for the protection of said holders of the bonds of the Authority or of those who have entered into such contracts with the Authority. The Authority, as agent for the Commonwealth of Puerto Rico, is hereby authorized to include this pledge in behalf of the Commonwealth in such bonds or contracts.
History —June 27, 1977, No. 121, p. 310, § 16, renumbered as § 17 and amended on June 12, 1978, No. 48, p. 162, § 17.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1268 - Reports

The Authority shall submit to the Legislature and the Governor of Puerto Rico, after the close of each fiscal year of the Government of the Commonwealth of Puerto Rico, but prior to the end of the calendar year:
(a) A financial statement and complete report of the business of the Authority for the preceding fiscal year, and
(b) a complete report on the status and progress of all its financing and activities, from the creation of the Authority or the date of its last report.
History —June 27, 1977, No. 121, p. 310, § 17, renumbered as § 18 on June 12, 1978, No. 48, p. 162, § 18.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 125 - Industrial, Medical, Education and Environmental Pollution-Control Facilities Financing Authority (§§ 1251 — 1269) › § 1269 - Additional method

The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for carrying out the acts authorized hereby and shall be regarded as supplementary or additional to the powers conferred by other laws and shall not be construed as if such sections repeal any power now existing; Provided, however, That to issue bonds or refunding bonds, as provided in this chapter, it shall not be required to comply with the provisions of any other law applicable to the issuance of bonds, other than those included in §§ 581–595 of Title 7.
History —June 27, 1977, No. 121, p. 310, § 21, renumbered as § 22 on June 12, 1978, No. 48, p. 162, § 22.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 126A - Limited Immunity for Removing or Eliminating Oil or Hazardous Substances Spills (§§ 1290 — 1291) › § 1290 - Definitions [Repealed]

History —Nov. 29, 1992, No. 94, § 2; Repealed. Act.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 126A - Limited Immunity for Removing or Eliminating Oil or Hazardous Substances Spills (§§ 1290 — 1291) › § 1291 - Limited immunity of liability [Repealed]

History —Nov. 29, 1992, No. 94, § 3; Repealed. Act.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1301 - Short title

This chapter shall be known as the “Puerto Rico Solid Waste Authority Act”.
History —June 23, 1978, No. 70, p. 222, § 1; Aug. 23, 1990, No. 60, p. 239, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1302 - Creation; Governing Board, appointment and term of office

In order to continue the government’s purpose of protecting and improving the environmental conditions of the Commonwealth of Puerto Rico, and to face the ever-increasing demand for greater and better solid waste disposal controls and facilities, a body politic and corporate is hereby created in the nature of a public corporation and government instrumentality of the Commonwealth, which shall be known as the Puerto Rico Solid Waste Authority, to be known hereinafter as the “Authority”.
The powers of the Authority shall be exercised by a Governing Board composed of the Director of the Puerto Rico Energy Office, the Executive Director of the Puerto Rico Electric Power Authority, the Executive Director of the Aqueduct and Sewer Authority and the Administrator of the Municipal Services Administration as ex officio members; three mayors, and four representatives of the private sector appointed by the Governor with the advice and consent of the Senate. The three mayors shall hold office for the term for which they were elected. The Governor shall designate the Chairman of the Board from the members thereof.
Six members of the Governing Board of the Authority shall constitute a quorum and the affirmative vote of the Board members present shall be necessary for all decisions.
The initial appointments of members who are not officials of the Government of the Commonwealth of Puerto Rico shall be made by the Governor for one (1), two (2), three (3), and four (4)-year terms, respectively; and said members shall hold office until their successors are appointed and qualify. Successive appointments shall be made for four years.
In the event of a vacancy, the person appointed by the Governor to fill said vacancy shall exercise his functions for the official’s unexpired term.
The members of the Board who are not public officials shall be entitled to per diems at the rate of fifty dollars ($50) per day for each meeting they attend, and to reimbursement for travel and any other necessary expenses which they may incur while discharging their official functions.
The Authority thus constituted shall exercise public and essential government functions, and shall adopt the necessary or expedient policies, rules, regulations and procedures to exercise the powers and achieve the objectives conferred by this chapter. The exercise of the powers and faculties conferred by this chapter shall in no way invest the Authority with the nature of a private enterprise.
History —June 23, 1978, No. 70 p. 222, § 2; May 27, 1980, No. 53, p. 143; Aug. 23, 1990, No. 60, p. 239, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1303 - Executive Director, duties; Assistant Director

The executive functions of the Authority shall be performed by an Executive Director who shall be appointed by the Governing Board for a term of six (6) years and shall hold office at its will until his successor is designated. The Executive Director shall be charged with the exercise of the faculties and powers conferred upon the Authority by this chapter and its general administration, representing it in all acts and contracts, entered into the exercise of its functions, and shall fulfill the duties and shall have the responsibilities, faculties, powers and authority delegated to him/her by the Board and assigned by this chapter. He/she shall supervise all the officials, employees and agents of the Authority, and he/she shall exercise all other powers and duties conferred on him/her by the Governing Board.
The Board may designate on the Executive Director any of its powers, except the Authority’s power to regulate and formulate public policy. The Executive Director may attend all meetings of the Board.
The Executive Director may appoint an Assistant Executive Director who, under his/her direction, will aid him/her in carrying out his/her functions. In case of the absence or temporary disability of the Executive Director, the Assistant Director shall exercise all the functions and duties of the former, as Acting Executive Director until a successor is designated.
History —June 23, 1978, No. 70, p. 222, § 3; Aug. 23, 1990, No. 60, p. 239, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1306 - Coordination

The Authority shall exercise its powers and shall fulfill its obligations under this chapter in coordination and in harmony with the Environmental Quality Board and the Planning Board for the benefit and best interests of the Commonwealth of Puerto Rico. The Authority shall need a permit from the Environmental Quality Board to establish and operate solid waste facilities, and for the storage, recycling and/or final disposal or solid wastes. The Authority shall comply with the regulations and public policies of the Environmental Quality Board.
History —June 23, 1978, No. 70, p. 222, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1307 - Officials and employees

(a) The Authority is constituted as an Individual Administrator pursuant to Act No. 5 of Oct. 14, 1975. The officials and employees of the Authority shall have the right to be reimbursed for all necessary travel expenses or the corresponding per diems as authorized by regulations approved by the Board. The officials and employees of any board, commission, agency, instrumentality or public corporation or Department of the Commonwealth of Puerto Rico, appointed by the Authority, who, at the time of their appointment, were beneficiaries of any retirement plan, or any savings or loan plan, shall continue to hold, after the appointment, the rights, privileges, obligations and status thereof, as prescribed by the act for officials and employees holding similar offices in the Government of the Commonwealth of Puerto Rico.
(b) No person having a direct or indirect economic interest in any private enterprise engaged in business with the Authority, or in any business whose principal activities are related to the acquisition, building, design, operation or maintenance of solid waste facilities, storage and final disposal thereof, shall hold office as member, official, employee or agent of the Authority. When the incompatibility affects a member of the Board, he shall vacate his office, which shall be filled for the duration of such incompatibility, by the Governor’s appointment of any other official heading any other Department or agency of the Commonwealth of Puerto Rico, or by some other mayor, or by any other citizen of the private sector of the economy or the citizenry in general, as the case may be. When issues concerning a municipality are being discussed, the mayor of such municipality who is a member of the Board shall not participate in the discussion before the Board, and the municipality shall be represented by some person other than the mayor.
History —June 23, 1978, No. 70, p. 222, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1308 - Funds and accounts; accounting system

The monies of the Authority shall be deposited in any banking institution authorized for the deposit of Commonwealth of Puerto Rico funds, but shall be maintained in separate accounts, under the name of the Authority. Disbursements shall be made by the Authority, pursuant to the budget regulations approved by the Board.
The Authority, upon consultation with the Secretary of the Treasury, shall establish the proper accounting system for the adequate control and statistical register of all expenditures and revenues belonging to, administered, or controlled by the Authority. The Authority’s accounts shall be kept in such a way that they may be properly segregated with regard to the various types of operations, projects, enterprises and activities of the Authority.
History —June 23, 1978, No. 70, p. 222, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1309 - Acquisition of property by Commonwealth; reimbursement

Upon request by the Authority, the Government of Puerto Rico may acquire the title deed to any property or interest thereon by purchase, condemnation or any other legal means in behalf and in representation of the Commonwealth of Puerto Rico, for the use and benefit of the Authority, as it may deem necessary or convenient for carrying out its purposes, including its future needs, pursuant to the provisions of this chapter and the laws of Puerto Rico related to the condemnation of private property. The Authority may make available, in advance, to said officials such funds as may be needed to purchase said property, and after the property has been acquired it may reimburse any amount paid, which had not been provided previously, to the Government of the Commonwealth of Puerto Rico. Once such reimbursement has been paid to the Government of the Commonwealth of Puerto Rico (or in a reasonable period of time, if the total cash or price has been paid by the Authority, as determined by the Governor), the title deed to the property thus acquired shall pass to the Authority. When property has been acquired by condemnation, the title deed to said property shall be transferred to the Authority by order of the Court in said jurisdiction, through a document stating that the Authority has advanced or reimbursed the cost or total price of such property. The faculty that is hereby being conferred shall in no way limit or restrict the vested power of the Authority to acquire property. The title deed to any property of the Commonwealth of Puerto Rico that has been acquired or may be acquired in the future, which is deemed necessary or convenient for the purposes of the Authority, may be transferred to it by the official in charge of said property or having it in his custody under the terms and conditions established by the Governor, or the official or agency designated by him.
History —June 23, 1978, No. 70, p. 222, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1310 - Transfer of funds and property

Notwithstanding any other legal provision to the contrary, all the municipalities and political subdivisions of Puerto Rico are hereby authorized to assign and transfer to the Authority by its request, subject to any reasonable terms and conditions, any property or interest thereon (including property already devoted to public use) which the Authority may deem necessary or convenient to carry out its own purposes.
History —June 22, 1978, No. 70, p. 222, § 11.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1311 - Construction and purchase contracts; bidding procedures

Every construction or service contract, excepting professional service contracts, and every purchase of the Authority, including contracts for the construction of solid waste facilities, must be made by announcements for competitive bids published within a reasonable period of time, prior to the date for opening the bidding forms, in order to insure adequate public notice and attendance; Provided, That when the sum estimated for property acquisition or construction does not exceed twenty-five thousand dollars ($25,000) bidding procedures may be set aside. Bidding notice may be otherwise dispensed with when:
(1) The immediate delivery of materials, appurtenances, and equipment, or the rendering of services is required due to an emergency;
(2) whenever spare parts, appurtenances, fixtures, equipment or additional services for effects or services previously supplied or contracted for are required;
(3) when the work or services of professionals or experts are required and the Authority deems that, in the interest of good administration, such services or work may be contracted without the publication of such notice;
(4) whenever prices are not competitive because of a single source of supply or because they are regulated by law; in such cases, the purchase of materials, appurtenances, and equipment or the procuring of such services may be effected in an open market according to current business practice. When comparing bids and effecting adjudications, due consideration shall be given to factors (besides the proponent’s compliance with the established specifications) such as the bidder’s ability to provide repair and maintenance services, and the time of delivery or performance he has stipulated. The Authority may promulgate regulations for the submission of bids;
(5) when purchasing from any Department or instrumentality of the Government of Puerto Rico, the United States, or any foreign country, and
((6) when a minimum price has been stipulated by Government Authority.
History —June 23, 1978, No. 70, p. 222, § 12, renumbered as § 13 on Aug. 22, 1990, No. 59, p. 235, § 3; Aug. 23, 1990, No. 60, p. 239, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1313 - Bonds—Commonwealth shall not be liable

With the exception of those bonds of the Authority whose payment is secured by the Commonwealth of Puerto Rico, bonds issued by the Authority shall not constitute a debt of the Commonwealth nor shall any of its political subdivisions be liable for the same; nor shall the bonds or their accrued interest be payable from any funds not pledged for such payment, pursuant to the provisions of § 1305(q) of this title.
History —June 23, 1978, No. 70, p. 222, § 14, renumbered as § 15 on Aug. 22, 1990, No. 59, p. 235, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1314 - Bonds—Remedies of bondholders

(a) Any bondholder or his trustee shall have the right and power, in benefit of and for the equal protection of all bondholders of similar status, including but not limited to the restriction of a specific proportion or percentage of such bondholders, to exercise any action to:
(1) Through a mandamus or other lawsuit, process or proceeding in law or in equity, to assert his rights against the Authority, and its officials, agents and employees, to execute and carry out his duties and obligations under this chapter, as well as the agreements and contracts with the bondholders;
(2) through legal action or bill in equity to demand that the Authority assume liability as if it were the trustee in an express trust;
(3) through legal action, or bill in equity, to forbid any act or thing which could be illegal or in violation of the rights of the bondholders, and
(4) to file suit in relation to the bonds.
(b) No remedy granted by this chapter to any bondholder or his trustee shall have the effect of excluding any other remedy, but each of said remedies shall be cumulative and in addition to all the others, and may be exercised without detriment or consideration of any other remedy conferred by this chapter or any other act. If any bondholder or his should fail to object to any default or violation of the duties or contract, this action shall not shelter nor affect future default or breach of contract or duties, nor shall it limit any right or remedy thereon. No delay or omission by any bondholder or his trustee in exercising any right or power he may have in case of infringement shall limit said right or power, nor shall it be construed as overlooking or concurring with such fault. Every substantive right and every remedy conferred on the bondholders may be enforced or exercised from time to time, and as often as it may be deemed expedient. In case any lawsuit, action or proceeding to enforce any right or exercise any remedy should be filed or inchoated and then interrupted, desisted or ruled against the bondholder or his trustee, then, and in each of such cases, the Authority and said bondholder or trustee shall be restored to their former office, rights, and remedies as if such suit, action or proceeding had never been filed.
History —June 23, 1978, No. 70, p. 222, § 15, renumbered as § 16 on Aug. 22, 1990, No. 59, p. 235, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1315 - Reports

The Authority shall submit to the Legislature, each year at the commencement of each regular session, a master development plan containing the program to be carried out during the following fiscal year.
The Authority shall also submit to the Legislature and to the Governor of Puerto Rico, as soon as possible after the close of the Government of Puerto Rico’s fiscal year but before the close of the calendar year:
(a) A complete financial statement of account and a complete report of all the Authority’s transactions during the preceding fiscal year, and
(b) a complete report of the status and progress of all solid waste facilities and activities undertaken from the creation of the Authority, or from the date of the last of these reports.
The Authority shall also submit to the Legislature and to the Governor of Puerto Rico official reports of its transactions and activities pursuant to this chapter whenever they are requested.
History —June 23, 1978, No. 70, p. 222, § 16, renumbered as § 17 on Aug. 22, 1990, No. 59, p. 235, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 127 - Solid Waste Authority (§§ 1301 — 1319) › § 1316 - Bonds—Legal investments

The Authority’s bonds shall be legal investments and may be accepted as legal security for every trust fund or public funds whose investment or deposit is under the authority or control of the Government of Puerto Rico, or any official or officials thereof.
History —June 23, 1978, No. 70, p. 222, § 17, renumbered as § 18 on Aug. 22, 1990, No. 59, p. 235, § 3.