2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART IX - Economic Development II (§§ 11001 — 11273) › Chapter 258 - Puerto Rico Integrated Transit Authority (§§ 11161 — 11181) › § 11164 - Powers of the Authority

(a) The Authority shall be empowered to develop and improve, own, contract, acquire, operate and manage any type of public transportation, rail transport, and maritime transport facility, as well as any public transportation, rail transport, and maritime transport service between any points within the jurisdiction of the Commonwealth of Puerto Rico. The Authority may exercise any necessary or inherent powers to carry out its corporate purposes, including, but not limited to:
(1) Have perpetual succession as a corporation.
(2) Adopt, alter, and use a corporate seal of which judicial notice shall be taken.
(3) Adopt, amend, and repeal statutes to regulate its affairs and prescribe rules to address matters or conduct business.
(4) Hold the title or otherwise own public transportation, rail transport, and maritime transport facilities and any other property that is used or useful in connection therewith, and administer and operate said facilities by itself or under contract entered into with any party, or led or represented by its own officials, agents, and employees, or through them.
(5) Have full control over and supervise any public transportation, rail transport, and maritime transport facility owned, administered, or operated under the provisions of this chapter, including, but not limited to, determine the site, location, establishment and control of entry and exit points of such facilities and the construction, maintenance, repair and operation thereof.
(6) Devise or cause plans, designs, and cost estimates to be devised for the construction, extension, improvement, expansion, or repair of any public transportation, rail transport, and maritime transport facility or any structure or building whether for residential, commercial, tourist, mixed, or industrial use or any other public or private use allowed in the place where the structure is located and modify such plans, designs, and estimates.
(7) Sue and be sued before any courts and administrative body.
(8) Enter into contracts and execute any and all documents as necessary, incidental or convenient in the exercise of any of its powers.
(9) Acquire any real or personal property or interest thereon by any lawful means including, but not limited to, acquisition by purchase, whether by agreement or eminent domain, or by lease, bequest, devise, gift, exchange, assignment or dation, and own, conserve, use and exploit such property or interest thereon to carry out the purposes of this chapter; and to such ends, without it being construed as a limitation, acquire property by any means within a Zone of Influence or Special Development Districts as appropriate, when such acquisition has the purpose of preventing the inflation resulting from speculative practices in the purchase of real estate or to lay the groundwork for any kind of project that promotes the development of Zones of Influence or Special Development Districts, by itself, or in conjunction with, or represented by agencies, public corporations, instrumentalities or political subdivisions of Commonwealth of Puerto Rico, or with private entities.
(10) Appoint, through its Board of Directors, one Executive Director and one Secretary to the Board, none of which shall be a Board member, and other officials, and bestow on them those powers and duties, and pay them for their services the compensation determined by the Board.
(11) To borrow money for any of its corporate purposes, and issue bonds of the Authority as evidence of such obligations and guarantee the payment of such bonds and interest thereon by pledging or encumbering its properties, revenues or income and, subject to the provisions of Section 8 of Article VI of the Constitution of Puerto Rico, pledge for the payment of such bonds and interest thereon, tax revenues or other funds that the Commonwealth of Puerto Rico may make available to the Authority.
(12) Issue bonds to consolidate, refinance, purchase, pay, or retain any of outstanding bonds or obligations thereof; Provided, however, That neither the Commonwealth of Puerto Rico or any of the political subdivisions thereof shall be responsible for the payment of the principal of or interest on any such bonds issued by the Authority; such principal and interest shall be payable solely from the funds of the Authority that have been pledged or encumbered for such purposes in accordance with clause (11) of this subsection.
(13) Accept donations or loans and enter into contracts, lease, or carry out other transactions with any agency, public corporation, or department of the United States of America or of any state, the Commonwealth of Puerto Rico, or any political subdivision thereof, and invest the proceeds of such donations or loans in any of its corporate purposes.
(14) Sell, exchange, and grant options to sell on installments, and guarantee the purchase price by mortgaging the property thus sold; Provided, That such mortgage shall bear interest and constitute a preferential lien (which may be subrogated if the Authority deems it necessary and convenient) within a Zone of Influence and without being subject to the provisions of §§ 31 et seq. of Title 28, and §§ 221 et seq. of Title 28; and in any other case, sell or otherwise dispose of any real or personal property of the Authority or any interest thereon that, in the judgment of the Authority is no longer necessary to carry out its purposes or whose disposition is consistent with the purposes of this chapter; and to lease the property acquired by the Authority or the Highways and Transportation Authority within a Zone of Influence under such terms and conditions that are convenient for the purposes of this chapter and without being subject to the provisions of §§ 31 et seq. of Title 28, and §§ 221 et seq. of Title 28; and in any other case, lease property under such terms and conditions that are convenient for the purposes of this chapter.
(15) Enter, upon previous authorization of the person or the representative of the person who holds the title, owns, or possesses any lands, bodies of water, or property, to conduct surveys, soundings, and studies to effectively carry out its duties under this chapter. If the person or the representative of the person who holds the title, owns, possesses the same refuses to consent to entering such lands, bodies of water, or property for the aforementioned purpose, the Authority may resort to the Court of First Instance to request it, by means of a sworn petition, to issue an order to authorize any official or employee of the Authority to enter such lands, bodies of water, or property and, upon filing such petition with the Court of First Instance, simultaneously notify by mail or any other means of written communication the person who holds the title, owns, possesses the same, or his/her representative. After holding a hearing within a term that shall not exceed ten (10) days after the filing of the sworn petition, the Court of First Instance may issue the requested order. If after making reasonable attempts, the person who holds the title, owns, or possesses or his/her representatives could not be identified, the Authority, through its officials or employees may enter such property only for the purpose of conducting the studies provided for in this chapter. In such case, the Authority shall keep in its records the documents attesting to the attempts made to identify the person who holds the title, owns, or possesses or his/her representatives.
(16) Adopt, prescribe, amend, and repeal those rules and regulations that are necessary or appropriate to exercise its powers and carry out its duties in accordance with this chapter.
(17) Build, restore, repair, preserve, replace, extend, improve, renovate, supply, equip, maintain, plan, and operate any public transportation, rail transport, and maritime transport facility and any adjacent structure and equipment by contract or contracts or led or represented by its own officials, agents, and employees, or through them; Provided, That it shall also have such power within any Zone of Influence or Special Development District, in relation to any structure or building whether for residential, commercial, tourist, mixed or industrial use or any other public or private use allowed within the Zone of Influence or Special Development District.
(18) Obtain insurance against losses and claims in the amounts considered desirable and in accordance with the rules established by law or regulations.
(19) Have full domain and intervention over all its properties and activities including the power to determine the use and investment of its own funds (subject to the public fund investment policy established by the Government Development Bank for Puerto Rico and all other provisions of this chapter). For those fiscal years in which the Authority receives legislative appropriations from the General Fund, the Authority shall be subject to the budget oversight, control, and execution measures authorized under §§ 101 et seq. of this title, known as the “Organic Act of the Office of Management and Budget” or issued thereunder by the Office of Management and Budget, including transfers, freezes, reserves, preapproval of personnel transactions and hiring, among others.
(20) Determine, fix, impose and collect rents, rights, fees and other charges (collectively, “charges”) for the use of any of its public transportation, rail transport, and maritime transport facilities and its services.
(21) Collaborate with the Secretary of the Department of Transportation and Public Works and the Puerto Rico Advisory Board on Transportation, created by §§ 3151 et seq. of Title 9, to develop a Public Transportation Plan for Puerto Rico and establish and implement the necessary mechanisms to effectively plan, evaluate, and develop a coordinated system of public transportation, rail transport, and maritime transport facilities.
(22) Sell, lease, transfer, or otherwise dispose of property that is no longer useful to attain the goals of this chapter, upon compliance with the regulations adopted for such purposes.
(23) Establish, in disposing of any real property held at present or acquired in the future, all those conditions and limitations regarding the use and enjoyment thereof that are appropriate and convenient to ensure compliance with the purposes of this chapter, and to prevent that the new use given to such property is not detrimental to or adversely affects the public interests this chapter seeks to protect. Whenever the Authority sells or otherwise disposes of a property within a Zone of Influence or Special Development District to be developed by the acquirer, this shall be done, in the case of a Zone of Influence or Special Development District, in accordance with the procedures established by the Authority, and the Planning Board shall impose, except for just cause stated in writing, those restrictions it deems necessary to achieve the purposes of this chapter. In all cases, the Authority shall include a clause stating the extent of its shares in and the gains from the rents, securities, volume of sales, or any kind of income that the acquirer shall obtain with respect to the land, development, and any other aspect or activity of the project.
(24) Form public transportation regional consortiums in order to enable financial, technical, operational, and administrative cooperation among municipalities, autonomous regions, agencies, public and private corporations, independent private operators, and private operators cooperatives or associations within the consortium, in order to coordinately carry out the duties of each one of them with regard to the creation, planning, and operation of public transportation services within the territorial limits of the municipalities belonging to the consortium.
(25) File illustrative maps of the Zones of Influence and propose specific projects within the same; recommend plans to establish and define Special Development Districts, plan specific projects for such Districts, and to such ends, suggest amendments to and supplements for the plans, maps, blueprints, rules, and regulations related to the planning, design, design control, development, and development control of such Districts. Provided, That:
(A) The Planning Board or the municipalities with jurisdiction over the area in question, in coordination with the Authority, shall establish Special Development Districts in the areas surrounding public transportation, rail transport, and/or maritime transport stations or terminals. Said Districts shall comprise a geographical area not smaller than the Zone of Influence surrounding each station and may include one or more lots or appurtenances, or only part thereof, whether public or private property; Provided, That before establishing a Special Development District a public hearing shall be held in accordance with § 62z of this title, or the rulemaking provisions of §§ 2101 et seq. of Title 3. The Authority may take the initiative of requesting the designation of one or more Special Development Districts, in which case, the Planning Board or the municipality in question shall initiate the public hearing process within a term that shall not exceed thirty (30) days, counted after the appropriate request is completed and filed by the Authority. The designation of such Districts shall be resolved in accordance with the provisions of §§ 2101 et seq. of Title 3. The same procedure shall be followed for the elimination, extension, reduction, or modification of the area of such Districts. Once a Special Development District is designated, its plan shall govern over any other previously approved plan; Provided, That in the event that any person or entity has acquired, pursuant to the law, development rights that are inconsistent with the new plans, the Authority may, if deemed convenient for its purposes, acquire the same by any available lawful means, except by eminent domain.
(B) The Planning Board or the municipality in question, prior to the approval of any public or private construction project to be carried out within a Zone of Influence or Special Development District, shall request the Authority’s endorsement for such project. The Authority shall act on such request on or before thirty (30) days, to be counted as of the date of notice.
(26) Appoint or hire officials, agents, and employees and establish their powers and duties as determined by the Authority and delegate the duties and powers conferred by this chapter to those persons designated by the Authority, fix and pay the appropriate compensation. The directors, officials, and employees of the Authority shall be subject to the provisions of §§ 1854 et seq. of Title 3, better known as the “Government Ethics Act of 2011,” as amended.
(27) The Authority shall recommend for the Secretary’s approval any franchises, routes, rates, and regulations for the operation of public vehicles devoted to public transportation services, including recommendations about: (A) types of vehicles devoted to public service whose operations are not in conflict with the service provided by the Authority, and (B) the sectors and routes where the operation of such vehicles operations is not in conflict with the service provided by the Authority, as well as to establish the applicable rates for such services. Provided, That franchises shall be granted for those routes and areas lacking adequate public transportation services, insofar as such services are not in conflict with the routes served by the Authority. None of the provisions of this section shall be construed as to impair or limit the provisions of any authorization or franchise granted by the Department of Transportation and Public Works that are in effect as of the effective date of this act. The Secretary shall be empowered to suspend, amend, or repeal such authorizations and exercise all the rights and powers reserved to the Department of Transportation and Public Works under such authorizations or any law.
(28) Acquire, own, and dispose of any shares, preferred stocks, contracts, bonds, or other interest in other corporations and exercise any and all powers or rights in relation thereto, and obtain the organization under the applicable laws and exercise partial or full control over such subsidiary, affiliate, or associate corporations, insofar as, in the judgment of the Board, such arrangement is necessary, appropriate, and convenient to achieve the goals of the Authority or the exercise of its powers; and sell, lease, donate, or otherwise convey any property of the Authority, or delegate or transfer any of its rights, powers, functions, or duties to any of said corporations subject to its control. The aforementioned power to delegate or transfer shall not include the power of eminent domain or ratemaking, which shall be exercised directly by the Authority.
(29) Establish the requirements for private or public operators and drivers of public transportation vehicles in accordance with the Federal Public Transportation Law, as amended, 49 U.S.C. 5301, et seq., or any other applicable law or regulations.
(30) Enter into contract with any government entity, municipality, autonomous region, municipal consortium, public entity, department, agency or public corporation, natural person, or private entity lawfully organized or authorized to do business in the Commonwealth of Puerto Rico for the rendering by the Authority (directly or through subcontractors) of public transportation, rail transport, and/or maritime transport services.
(31) Take, carry out, and exercise any actions or steps as are necessary or convenient to exercise the powers inherent to the functions, prerogatives, and responsibilities bestowed on the Authority under this chapter and any other Act of the Legislative Assembly of Puerto Rico to promote its purposes and the general wellbeing of the Authority.
(b) Without prejudice to the powers described above, the Authority shall also have the same powers, duties, and authorities bestowed on (1) the Metropolitan Bus Authority, pursuant to the provisions of §§ 601 et seq. of this title; (2) the Maritime Transport Authority pursuant to the provisions of §§ 3201 et seq. of this title; and (3) the Highways and Transportation Authority in connection with public transportation and rail transport facilities, pursuant to the provisions of §§ 2001 et seq. of Title 9.
(c) The Authority is hereby empowered to solicit and obtain assistance or contributions in the form of money, goods, or services from the United States Government, federal agencies, the States, the Government of the Commonwealth of Puerto Rico, or any agency, public corporation, or political subdivision thereof, the municipalities, nonprofit organizations, or consortiums thereof, for the promotion of its services and the general wellbeing of the Authority, and to carry out the powers bestowed on the Authority under this or any other act.
Subject to obtaining any designation, appointment, authorization, permit, or approval necessary or required by the applicable laws and regulations, the Executive Director and the Authority shall be the official and the agency designated to administer any federal program related to the duties entrusted to the Authority under this chapter. In such capacity, the Executive Director shall enter into and execute agreements or compacts as are necessary for the Authority to receive any and all federal funds and benefits to carry out such programs, as well as to enter into and execute agreements or compacts as are necessary with the appropriate government bodies of the states and the federal government duly authorized therefor, with regard to information sharing, studies, and research conducted in connection with the programs being carried out, provided that such agreements or compacts are within the scope of its duties and the laws of the Commonwealth of Puerto Rico.
History —Aug. 3, 2014, No. 123, § 5.