Esta ley enmienda la Ley Núm. 101 de 9 de julio de 1985 para autorizar a la Autoridad de Energía Eléctrica a otorgar un crédito del once por ciento (11%) en la factura mensual de consumo de energía a hoteles, condohoteles, hospederías, paradores y casas de huéspedes cualificados por la Compañía de Turismo de Puerto Rico. Establece las normas para la concesión y revocación de dicho crédito, incluyendo requisitos de auditorías de consumo de energía y planes de conservación.
(Approved November 16, 2002)
To amend Section 1 and its subsection
(i) , subsections 1 and 2 of Section 2; to repeal Section 3 and amend Section 4 of Act No. 101 of July 9, 1985, as amended. This Act Empowers the Electric Power Authority to grant, under certain norms, an eleven (11) percent credit in the monthly power consumption bill to every hotel, condohotel, hostelry, inn or guest house duly qualified by the Puerto Rico Tourism Company, and establishes the norms for revoking said granted credit.
Since its approval, Act No. 101 of July 9, 1985 has been a very important tool for the development of the tourist industry, particularly of small inns. Said Act, product of the legislative wisdom, harmonized the urgent need small inns throughout the Island had of reducing operational costs, with an aggressive public policy of energy conservation. Nowadays, after almost 20 years, we could argue that Act No. 101, supra, is a model to follow when searching to improve Puerto Rico competitiveness in the tourist market, as well as to promote a more efficient use of energy resources.
The "Puerto Rican Project for the $21^{ ext {st }}$ Century" acknowledges the electric credit granted by the aforementioned Act. In addition, its Section "Positioning Puerto Rico as an Effective Tourist Competitor," proposes keeping the tourist incentive program, including the electric one, and
expanding it. This initiative comprises said purpose and brings up to date the electric credit to the actual reality of our economy and the tourist industry.
Aware of the importance the tourist industry has in the economy of the Island, and with the purpose of promoting its maximum development for the well being of the Puerto Rican people, the Legislature of Puerto Rico understands the need to approve this legislation.
Section 1.- Section 1 of Act No. 101 of July 9, 1985, as amended, is hereby amended to read as follows: "Section 1.- With the purpose of revitalizing the tourist industry as a source of jobs and income for our people, the Electric Power Authority is hereby authorized to grant an eleven percent ( $11 %$ ) credit of the monthly power consumption bill to every hotel, condohotel, hostelry, inn or guest house duly qualified by the Puerto Rico Tourism Company. This credit shall be granted pursuant to the following rules:
(i) The concessionaire owns and devotes a minimum of two (2) rooms in one same establishment or site for the lodging of guests, and its facilities operate under the Tourism Company's standards. (ii) The concessionaire shall keep the payment of his obligations for electric power up to date, has formalized a payment plan with the Electric Power Authority, and is up to date in the payments thereof. (iii) The credit to be granted in the case of condohotel shall apply solely to the part used as a hotel, provided said part can be identified separately from the total operation. (iv) The Tourism Company shall certify those concessionaires who qualify for this credit to the Electric Power Authority, and only
then shall the Authority proceed to make the pertinent adjustments in the monthly bill.
(v) The concessionaire who enjoys the credit shall not charge its guests an additional amount for power consumption in the room rate, and the Puerto Rico Tourism Company may impose those conditions that are needed to ensure compliance with the terms under which the credit is granted."
Section 2.- Subsections 1 and 2 of Section 2 of Act No. 11 of July 9, 1985, as amended, are hereby amended to read as follows: "Section 2.- In addition to the rules provided in Section 1 of this Act, every concessionaire who wishes to avail himself of its provisions, shall: (1) Within the term of one (1) year after the date credit is granted, and subsequently every five (5) years, every hostelry, inn and guest house; and every three (3) years for hotels, condohotels, shall present an audit of long term power consumption that shall include a general plan for power conservation for said period. Said audit shall be prepared by an electrical engineer licensed as power auditor by said office, which shall meet said office's standards. (2) To present through the manager of the inn, hostelry, guest house or hotel to the Power Electric Administration of the Department of Natural Resources, an annual progress report and a certificate attesting that all electric power consumption measures pursuant to the plan initially submitted to said office have been implemented, except for those that involve higher costs. The Tourism Company shall determine if the concessionaire is a hotel, condohotel, hostelry, inn or guest house."
Section 3.- Section 4 of Act No. 101 of July 9, 1985, as amended, is hereby amended to read as follows: "Section 4.- The credit granted by this Act shall be revoked as of the date of noncompliance, if the concessionaire should fail to meet its obligation to pay for services for a term of two (2) months or more. In case of noncompliance with any of the requirements stated in this Act, the revocation shall be retroactive to the date the credit was granted or the last report was presented, as the case may be.
Within its operational norms and pursuant to the provisions of this Act, the Authority shall regulate the granting and supervision of the appropriate use of the benefits authorized herein in accordance with the legally stated public policy."
Section 4.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 266 (H.B. 1877) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 1 and its subsection
(i) , subsections 1 and 2 of Section 2; to repeal Section 3 and amend Section 4 of Act No. 101 of July 9, 1985, as amended. This Act Empowers the Electric Power Authority to grant, under certain norms, an eleven (11) percent credit in the monthly power consumption bill to every hotel, condohotel, hostelry, inn or guest house duly qualified by the Puerto Rico Tourism Company, and establishes the norms for revoking said granted credit, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $20^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director