Esta ley enmienda la "Ley de Acueductos y Alcantarillados de Puerto Rico" (Ley Núm. 40 de 1945) para reestructurar la Autoridad de Acueductos y Alcantarillados (AAA). Introduce nuevas definiciones, establece una nueva estructura administrativa para la Junta de Directores y los oficiales ejecutivos, aumenta los límites máximos para contratos sin licitación competitiva en programas de mejoras capitales y operación/mantenimiento de plantas de tratamiento, otorga a la AAA la facultad de iniciar procedimientos de expropiación forzosa directamente y la exime de la declaración previa de utilidad pública. Además, requiere la aprobación legislativa para nuevos contratos de administración y operación del sistema, autoriza al Banco Gubernamental de Fomento a garantizar pagos de la AAA bajo contratos de administración, y deroga la disposición que incluía al Presidente del BGF en el comité negociador de convenios colectivos. También establece disposiciones transitorias.
(H. B. 2773) (Conference) (No. 95) (Approved June 30, 2002)
To amend Sections 1 and 3, subsection
(e) of Section 4 and Sections 9 and 11; and to add Section 3A to Act No. 40 of May 1, 1945, as amended, known as the "Puerto Rico Aqueduct and Sewer Act," in order to add new definitions; establish a new administrative structure for the Authority; to increase the maximum limits of contracts for the operation and maintenance of treatment plants and the acquisition and execution of works of the Capital Improvements Program that do not require competitive bidding; to empower the Authority to initiate eminent domain procedures per se and exempt it from the requirement of declaration of public utility; to require the approval of the Legislature for any new administration and operation contract of all or part of the Commonwealth Aqueduct System, the Commonwealth Sewer System, or any other property of the Authority; authorize the Government Development Bank for Puerto Rico to guarantee the payment pledges of the Authority; and repeal Section 2 of Act No. 210 of December 30, 1997, as amended, in order to eliminate the designation of the President of the Government Development Bank for Puerto Rico in the negotiating committee which shall intervene, on behalf of the Authority, in the negotiations of collective bargaining agreements; and to establish transitory provisions.
For many years the Aqueduct and Sewer Authority has undergone a fiscal and operational crisis. This crisis has significantly affected the welfare of our people and the economic development of Puerto Rico. Governor Sila M. Calderón, recently announced the signing of a new contract for the administration and operation of the Authority by a private
operator. This new contract imposes on the new operator the obligation to administer, operate, maintain, repair and replace the Commonwealth Aqueduct System and the Commonwealth Sewer System, hereinafter denominated "the System," so that the System can be operated, administered and can function in accordance with the most demanding quality requirements at the international level, and of the United States; improve the quality of drinking water and sanitary sewer services; the proportion of the Authority's infrastructure that operates within the existing legal norms, including environmental norms, shall be increased; the current operational deficit shall be eliminated within a term of five (5) years; the amount of drinking water lost due to breakdowns, theft and bad administration shall be reduced; and the planning of capital improvements shall be renewed in order to reduce the amount of funds needed to perfect and extend the System.
In order to adequately monitor the compliance of the private operator with the obligations and objectives established in the new contract, and to ascertain that the Capital Improvements Program of the Authority is implemented in the most expeditious and effective manner possible, it is hereby declared to be the public policy of the Legislature that the Board of Directors of the Authority shall be constituted by government officials and representatives of the private sector who are highly qualified and have broad experience in fiscal, planning, managerial and technical matters, that are committed to the recuperation and maintenance of the fiscal and operational health of the Authority.
For all of this, it is necessary for the Board of Directors of the Authority to have the participation of qualified private citizens to attain these objectives, without their participation and permanence in office being affected by changes caused by elections or considerations involving party
politics. The Governor shall exercise his/her power to appoint the private citizens who shall be on the Board of Directors in a manner attuned to this public policy. It is also important for the Authority to be able to recruit and retain a motivated and competent managerial group.
With these objectives and considerations in mind, and being aware that the grave situation the Authority is going through justifies the taking of extraordinary measures, this Legislature deems it is essential to restructure the administration of the Authority in the following manner:
constituted by persons that represent diverse sectors of our community, that shall meet periodically with the management and the Board of the Authority to ascertain that the obligations, ends and purposes of the operating contract are met, and that the Authority is exercising its functions efficiently;
With the purpose of expediting the purchasing and construction processes and to expedite and make more flexible the adjudication of contracts to put into effect the Capital Improvements Program, which was formerly the responsibility of the Infrastructure Financing Authority, the amounts appropriated for the purchase and construction contracts are increased to two hundred thousand $(200,000)$ dollars and five hundred thousand $(500,000)$ dollars, respectively, and to which the bidding requirements are not applicable in connection with the Capital Improvements Programs for the following three (3) years. Likewise, the Authority is exempted from the public bid requirement when the Board thus authorizes it through a resolution with the affirmative vote of seven (7) of its members, among which there shall be not less than three (3) private citizens and not less than three (3) government officials. This exemption, which is a result of the state of emergency that the Authority is undergoing, is the same to that presently granted by law, to the Infrastructure Financing Authority. A copy of the resolution that is approved by the Board shall be filed before the Office of the Secretary of each Legislative Body.
Should the Board decide to contract the administration and operation of all or part of the Commonwealth Aqueduct System, the Commonwealth Sewer System and any other property of the Authority, said contracting shall be subject to the approval of the Governor and the Legislature. The awarding of the contract or the amendments thereto shall be deemed to be authorized if the Legislature, through a Joint Resolution, approves it with the same terms and conditions approved by the Board and that are incorporated in the documents of transactions signed by the parties. The Legislature shall approve the Joint Resolution ratifying or rejecting the contract recommended by the Board within a term which shall not exceed sixty (60) days.
Furthermore, this measures maintains intact the functions of the Board of Directors of the Authority which to the present were not delegable. However, the contract with the new private operator delegates on it the obligation to negotiate the collective bargaining agreement, therefore, it is necessary to repeal Section 2 of Act No. 210 of December 30, 1997, as amended, which provides that the President of the Government Development Bank for Puerto Rico shall be one of the members of the committee that shall negotiate the collective bargaining agreement.
Section 1.- Section 1 of Act No. 40 of May 1, 1945, as amended, is hereby amended to read as follows: "Section 1.- Short Title of the Act - Definitions.- This Act shall be cited as the 'Puerto Rico Aqueduct and Sewer Act.' The following terms and words, as used in Sections 1 to 21 of this Act, shall have the meaning indicated below, unless another or a different meaning or intention is indicated in the context:
(a) ...
(i) 'Executive Director' or 'Executive President' - means the Executive President of the Authority, appointed pursuant to the provisions of Section 3 of this Act.
(j) 'Independent Director' - means each one of the five (5) private citizens who are members of the Board of Directors of the Authority, appointed pursuant to the provisions of Section 3 of this Act.
(k) 'Government Director' - means each of the four (4) directors of the Authority who are ex-officio members of the Board of Directors of the Authority by virtue of holding the office of President of the Planning Board, Secretary of Transportation and Public Works, President of the Government Development Bank for Puerto Rico, and Executive Director of the Electric Power Authority, pursuant to the provisions of Section 3 of this Act.
(l) 'Board' - means the Board of Directors of the Authority established pursuant to the provisions of Section 3 of this Act.
(m) 'Private Operator' - means any entity, that could be a natural person, contracted by the Authority to administer and operate the Commonwealth Aqueducts System or the Commonwealth Sewer System or a portion thereof or both.
(n) 'Executive Employees' - means the executive officers identified in Section 3 of this Act, their assistants, the support personnel of said executive officers and any other employee of the Authority appointed by the Board who is classified as a confidential employee by the Board.
(o) 'Executive Officers' - means the persons who hold positions identified in Section 3 or any other executive officer positions created by the Board.
(p) 'Administration Contract' - means the contract between the Authority and the Private Operator for the administration and operation of the Commonwealth Aqueducts System or the Commonwealth Sewers System or a portion thereof or both."
Section 2.- Section 3 of Act No. 40 of May 1, 1945, as amended, is hereby amended to read as follows: "Section 3.- Board of Directors; Executive Officers; Private Operators.-
The powers of the Authority shall be exercised and its general policy shall be determined by a Board of Directors, hereinafter the Board, which shall be constituted by nine (9) members, five (5) of which shall be private citizens who shall hold the office of Independent Director, appointed by the Governor of Puerto Rico, with the advice and consent of the Senate of the Commonwealth of Puerto Rico. The remaining four (4) members shall be the Chairperson of the Planning Board of Puerto Rico, the Secretary of the Department of Transportation and Public Works, the President of the Government Development Bank for Puerto Rico and the Executive Director of the Electric Power Authority, who shall be ex-officio members of the Board and shall hold the office of Government Directors.
(a) Two (2) of the Independent Directors shall be appointed for an initial term of one (1) year; two (2) shall be appointed for an initial term of two (2) years; and one (1) shall be appointed for an initial term of three (3) years. As the initial term of each Independent Director expires, his/her successor shall be
selected and appointed pursuant to the provisions of this Section for a term of five (5) years. The Independent Director whose term expires shall continue in office until his/her successor has been appointed and takes office.
Should a vacancy arise among the Independent Directors, the remaining Independent Directors shall submit a list of possible candidates to the Governor, whose appointments as Independent Directors comply with the public policy set forth in this Act. Those persons recommended by the Independent Directors shall be included among the candidates to be considered by the Governor.
Every vacancy in the office of Independent Director, whether for expiration of their term or before the expiration thereof, shall be filled within a term of sixty (60) days from the date of the vacancy, pursuant to the provisions of this Section. Every vacancy that occurs prior to the expiration of the term of an Independent Director shall be filled for the remaining unexpired term.
The persons selected to hold the office of Independent Director shall be persons of good repute and of recognized experience in entrepreneurial or professional matters and, excepting the office of Executive President of the Authority, which may be held by an Independent Director, the selected persons shall not be employees or officials of the Authority or its Board, nor any person directly related to the labor unions of the Authority.
(b) The duties of the members of the Board shall not be delegated. The Board shall meet as often as it is determined by the Board which shall never be less than once (1) a month. The Board shall determine, through regulations, the remuneration or per diems to be received by the Independent Directors for each Board meeting they attend or when executing tasks entrusted by it. The Governmental Directors and the Independent Directors that hold the office of Executive President of the Authority, if this should be the case, shall not receive remuneration or per diems for attending Board meetings or for other services rendered to the Board.
(c) Five (5) members of the Board or, in the event of vacancies on the Board, a majority of the members of the Board shall constitute quorum to conduct the business thereof, and for any other purpose, and every agreement of the Board shall be taken with the affirmative vote of not less than five (5) members.
However, not less than seven (7) members of the Board, among which there shall be not less than three (3) Independent Directors and three (3) Governmental Directors, must approve the following actions:
Unless the regulations of the Authority prohibit or restrict it, any action that must be taken in any meeting of the Board or committee thereof, except for actions that require no less than seven (7) members of the Board for approval, may be authorized without holding a meeting, provided all the members of the Board or of a committee thereof, as the case may be, give their written consent to said action, which document shall be part of the minutes
of the Board or of the committee thereof, as the case may be. Unless otherwise provided by the regulations of the Authority, the members of the Board or of any committee thereof may participate, by telephone conference or other means of communications, through which all the participants may listen simultaneously, in any meeting of the Board or of any committee thereof, where no actions specifically provided in the preceding paragraph of this subsection are taken. The participation of any member of the Board or any committee thereof in the abovestated indicated manner shall constitute attendance to said meeting.
(d) Act No. 12 of July 24, 1985, as amended, shall apply to the Independent Directors, with the exception of the requirements of Section 4.1 of said Act.
Without impairment to the rights of the Directors pursuant to the provisions of Act No. 104 of June 29, 1955, as amended, the members of the Board shall not incur civil liability for any act or omission in the performance of their duties, provided there has been no conduct that constitutes a crime or gross negligence.
(e) The Board shall appoint an Advisory Committee to be constituted by seven (7) members and shall include, among others, persons who represent the interests of the communities lacking the adequate aqueduct and sewer services, the Special Communities of Puerto Rico, the interests of the labor sector, and the interests of the environmental sector. Two (2) of the
seven (7) members shall be elected as representatives of the consumers' interest, through a referendum to be held according to the procedure to be determined by the Secretary of the Department of Consumer Affairs, in coordination with the Board of Directors of the Authority. The Authority shall provide the facilities and resources needed for such purpose. The Authority shall conduct the referendum according to the established procedure. These two (2) members shall not be employees or officials of the Authority, nor members of a central or local directing body of a political party, which includes all persons who actively work for the party, or any person who has a direct relationship with the labor unions of the Authority. The term of the members appointed by the Board as well as that of those elected by referendum shall be of five (5) years.
The Advisory Committee shall meet with the Board in full at least three (3) times a year, and with the executive officers of the Authority as often as the Board or the Executive president deems convenient to present suggestions, discuss the quality of the services rendered by the private operator, the needs of the communities, the Capital Improvements Program, and any other matter that the Board, the Executive President or the Advisory Committee deems necessary. The Board shall adopt the norms for the operation of the Advisory Committee.
The members of the Advisory Committee shall not intervene in the formulation and implementation of public
policy, and therefore, shall not be considered public officials for the purposes of Act No. 12 of July 24, 1985, as amended.
(g) The Authority shall have the following executive officers: Executive President; an Executive Vice President in charge of Monitoring and Administration of Contracts with the private operator, who shall be responsible for supervising and auditing the functions and actions of the private operator, informing the Board and performing any other function that the Board or the Executive President may assign to him/her, and who shall hold office while a contract with a Private Operator is in effect; an Executive Vice President in charge of the Capital Improvements and Environmental Compliance Program; an Executive Vice President and General Legal Advisor; and an Administration and Finances Executive Vice President. The Board may create additional of executive officers positions in the Authority.
The executive officers of the Authority shall perform the duties and obligations inherent to their office and those other duties that the Board establishes. Unless the Board otherwise determines it, the executive officers appointed by the Board may delegate on other persons the power to substitute them during any period of justified absence, as this term is determined by the Board through regulations.
(h) Subject to the provisions of subsection
(c) of this Section, all executive employees of the Authority shall be appointed, removed and their compensation determined by the Board of Directors, upon prior recommendation of the Executive
President. All executive employees shall be deemed as such for the purposes of Act No. 130 of May 8, 1945, as amended. Executive employees shall not be subject to the general administrative control of the private operator provided in Section 3(m).
(i) The Board shall appoint an Internal Auditor who shall be attached and respond to it, and shall have the power to monitor all income, accounts and disbursements of the Authority to determine if they have complied with the Act and the determinations of the Board.
(j) The Board may delegate part of its faculties, other than those listed in subsections
(c) ,
(h) and
(k) , on the Executive President, who shall be the chief executive officer of the Authority, and shall respond to the Board for the execution of its general policy and the general supervision of the operational phases of the Authority. The Board may also delegate any of its powers, other than those listed in subsections
(c) ,
(h) and
(k) on one or more of its committees or any other Executive Officer of the Authority.
(k) The Board shall not delegate on any committee, executive officer, or private operator, the powers listed in subsections
(c) ,
(h) and
(k) , nor any of the following powers:
(c) ,
(h) and $(\mathrm{k})$.
(m) Regarding the administration contracts: 8. A director of operations, who shall be an employee or agent of the private operator, shall be designated for each
administration contract with a private operator. The director of operations of each private operator shall be the person responsible for supervising and administering all the duties agreed upon with the private operator in the administration contract. Furthermore, he/she shall be in charge of the general supervision of the operational phases of the Authority agreed upon in said contract, and of those additional functions that the Board agrees upon with said operator, by contract. 2. The private operator(s), through their respective directors of operations, shall have all the duties, functions, obligations and powers that, subject to the limitations described in this Section of the Act, are established in the Administration Contract with the Authority, including the following:
(a) General administrative control of all the employees of the Authority;
(b) Negotiation of the collective bargaining agreement with the labor unions that represent the employees of the Authority and the duty and power to appoint dismiss, and determine the compensation of all employees and agents of the Authority;
(c) Legal responsibility for all their actions in accordance with the duties, functions, obligations and powers set forth in the contract with the Authority and the laws of Puerto Rico;
(d) Approve changes to the organizational structure of the Authority provided it does not affect Executive Employees and the structure provided in this Section of the Act;
(e) Obligation to render reports on the operational and financial conditions and activities of the Authority required by law and the administration contract with the Authority;
(f) Obligation to appear personally to render a semiannual report before the commissions to be designated by each of the Legislative Bodies. 3. Private operators and their respective Directors of Operations shall not be deemed a public entity, public employer or public employee, as defined in this Act or in any other law or regulations. 4. The Administration Contract with the private operator(s) shall require the private operator to post a bond in favor of the Authority. The Board shall establish the criteria to determine the amount of the bond, with the recommendation of the Insurance Commissioner. 5. The administration contracts signed by the Authority with one or several private operators shall expressly indicate that all documents, such as registers, bank accounts and other documents germane to the operation of the Authority, shall be kept in the jurisdiction of the Commonwealth of Puerto Rico and shall be property of the Authority.
Section 3.- Section 3A is hereby added to Act No. 40 of May 1, 1945, as amended, to read as follows: "Section 3A.- Authorization of the Governor and of the Legislature. If upon expiration or cancellation of the current contract, the Board decides to once again contract the administration and the operation of all or part of the Commonwealth Aqueducts System, the Commonwealth Sewers System or any other property of the Authority, the validity of said contract shall be subject to the approval of the Governor and the Legislature. If the Governor of Puerto Rico approves the negotiation under the same terms and conditions that were approved by the Board, and incorporated to the documents of the contract signed by the parties, the Governor shall remit a report, to the Legislature, together with an analysis of the objective criteria used by the Board to evaluate the contracting offers, for its approval. The Legislature shall have access to all documents and information considered by the Board in the selection process of the proposal under the same terms and conditions enjoyed by the Board. The granting of the contract shall be deemed authorized if the Legislature, through a Joint Resolution, approves the contracting with the same terms and condition that were approved by the Board and the Governor. The Legislature shall approve the Joint Resolution
in a term of not more than sixty (60) days. If no action is taken within said term, the transaction shall be deemed as approved. Any modification that does not constitute a renewal of any administration contract must be notified to the Legislature not less than five (5) days before it takes effect."
Section 4.- Subsection
(e) of Section 4 of Act No. 40 of May 1, 1945, as amended, is hereby amended to read as follows: "Section 4.- Purposes and Powers.- The Authority is created with the purpose of providing and helping to provide to the citizenry an adequate water and sanitary sewage service and any other service or facility proper or incidental thereto. The Authority shall have and may exercise all rights and powers that are necessary or convenient to carry out said purposes, including, but without limitation to the following:
(a) ...
(e) Acquire real, personal or mixed, tangible or intangible property (including, but without limitation, its own obligations and those of other corporations) through any lawful means (including but without limitation, the exercise by the Authority directly and on its own behalf of the power of eminent domain or by its request as provided in Section 9 of this Act, hold, operate and administer said property and to dispose of any part thereof that the Authority shall find to be surplus to its purposes."
Section 5.- Section 9 of Act No. 40 of May 1, 1945, as amended, is hereby amended to read as follows: "Section 9.- Acquisition of Property by the People of Puerto Rico; Declaration of Public Utility.-
When the Board deems it convenient, the Authority shall exercise the power of eminent domain by initiating the procedure directly and on its own
behalf, or by its request, pursuant to the procedure described in subsection
(b) of this Section, when deemed convenient by the Board. Any action of eminent domain initiated by the Authority shall be processed in the manner provided in this Act, and pursuant to the procedures provided by the laws of the Commonwealth of Puerto Rico on eminent domain.
Upon application of the Authority, the Governor of Puerto Rico or the Secretary of Transportation and Public Works shall be empowered to acquire by agreement or eminent domain or any other lawful means, in the name and on behalf of the Commonwealth of Puerto Rico, title to any property or interest thereon, which the Board shall deem necessary or convenient for its own purposes. The Authority may make available those funds, in advance, to said officers, that may be needed for the payment of said property, and upon acquisition thereof, may reimburse the Commonwealth of Puerto Rico for any amount paid that had not been previously advanced. Upon such reimbursement to the Commonwealth of Puerto Rico (or, if the total cost or price has been advanced by the Authority, within a reasonable period to be determined by the Governor), the title to the property so acquired shall pass to the Authority. The Secretary of Transportation and Public Works shall make the arrangements for the operation and control of said property by the Authority on behalf of the Commonwealth of Puerto Rico during the period intervening before said title has passed to the Authority. The power conferred hereby shall not limit or restrict in any manner or to any extent the inherent power of the Authority to acquire properties through eminent domain initiated by the Authority directly and on its behalf, under the power conferred by this Act. All properties, whether real or personal and rights or interests thereon, that the Authority deems necessary for its corporate purposes, which may be
condemned or used by the same, are hereby declared of public utility, without the prior declaration of public utility provided in the Act of March 12, 1903."
Section 6.- Section 11 of Act No. 40 of May 1, 1945, as amended, is hereby amended to read as follows: "Section 11.- Construction and Purchase Contracts.- All purchases and contracts for supplies or services, except personal services, made by the Authority, including contracts for the construction of its works shall be made through public bidding. Provided, that when the estimated cost of the acquisition or performance of the work does not exceed twenty thousand $(20,000)$ dollars, the expenditure may be carried out without notice of bid. However, competitive bidding shall not be required when: (1) ... (3) professional or expert services or works are required, and the Authority deems it in the best interests of administration that contracts therefore be made without such notice; (4) prices are noncompetitive because there is only one source of supply, or they are regulated by law; or (5) they are expenses of the Capital Improvements Program or related to the operation and maintenance of treatment plants that do not exceed two hundred thousand $(200,000)$ dollars in the case of acquisitions, or that do not exceed five hundred thousand $(500,000)$ dollars in the case of performance of works, in which cases the Authority shall require written quotations from at least three (3) sources of supplies, previously qualified pursuant to Act No. 164 of July 23, 1974, as amended, if there
were any; provided, that once thirty-six (36) months have elapsed from the approval of this Act, this subsection shall be rendered ineffective; or (6) When the Authority has held two (2) public auctions with identical specifications, terms and conditions, within a period not greater than six (6) months, and they have been declared forfeited.
In any such case, the purchase of such material, supplies or equipment, or the procurement of said services may be made on the open market pursuant to the usual business practices. The Authority shall reserve the right to award the bid in a public auction taking considerations other than the price, into account.
The Authority shall be exempted from complying with the requirement of competitive bidding during thirty-six (36) months following the approval of this Act for the awarding of construction contracts, purchases or other contracts, when due to an emergency situation it is deemed necessary and convenient in order to protect the life and health of the residents of Puerto Rico, or to prevent environmental violations that could cause the imposition of fines, as well as to comply with the public purposes of this Act, and is thus authorized by the Board in each particular case through a resolution to such effect. The circumstances that justify the exemption of the Authority from the public bidding requirement shall be stated in said resolution. A copy of said resolution shall be filed at the offices of the Secretaries of each Legislative Body within five (5) working days following the approval of said resolution by the Board.
This Section shall not apply to those purchases and contracts for supplies or services for the operation, maintenance, improvements and repair of the Commonwealth Aqueducts System, the Commonwealth Sewers System, or any other property of the Authority, performed by one or several private operators contracted by the Authority."
Section 7.- The Government Development Bank for Puerto Rico is hereby authorized, subject to the terms and conditions determined by the Board of Directors of the Bank, to guarantee the payment of the amounts needed to comply with the payment pledges contracted by the Aqueducts and Sewers Authority under the administration contract to take effect at the beginning of fiscal year 2002-2003 when the Authority is prevented from making said payments. The amounts disbursed by the Bank under said guarantees shall be repaid annually, up to an amount equal to the annual amount of the service fee established under said contract, through budget appropriations. In the case of the annual payment made by the Bank by virtue of said guarantee, in excess of an amount equal to the annual amount of the annual contract service fee, to be reimbursed to the Bank through budget appropriations, said reimbursement must be approved by the Legislature pursuant to the provisions of Act No. 164 of December 17, 2001. The Director of the Office of the Management and Budget shall include in the operating budgets of the Commonwealth of Puerto Rico submitted annually by the Governor to the Legislature, starting with the fiscal year following the date on which each disbursement is made by the Bank under said guarantee, the amounts needed to allow the Authority to comply with the repayment of the principal, interest, and any other payment related to
said guarantee, during the term determined by the Bank, subject to the limitations established in this Section.
Section 8.- Section 2 of Act No. 210 of December 30, 1997, is hereby repealed.
Section 9.- Transitory Provisions. The members of the present Board of Directors of the Authority who are not government officials shall remain in office and shall perform their functions until the new Independent Directors, appointed pursuant to the provisions of this Act, take office. The members ex-officio of the Board of Directors shall take office once this Act takes effect. The present Executive Director of the Authority shall remain in office until the Executive President is appointed and takes office.
Section 10.- Severability Clause If any provision, word, sentence, subsection or section of this Act were challenged for any reason before a court, and declared unconstitutional or void, said judgment shall not affect, impair or invalidate the remaining provisions of this Act.
Section 11.- This Act shall take effect immediately after its approval.
Raúl A. González-Torrents, Esq., Acting Director of the Office of Legislative Services of the Legislature of Puerto Rico, hereby certifies to the Secretary of State that he has duly compared the English and Spanish texts of Act No. 95 (H.B. 2773) of the $3^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico, entitled:
AN ACT to amend Sections 1 and 3, subsection
(e) of Section 4 and Sections 9 and 11; and to add Section 3A to Act No. 40 of May 1, 1945, as amended, known as the "Puerto Rico Aqueducts and Sewers Act", in order to add new definitions; establish a new administrative structure for the Authority; to increase the maximum limits of contracts for the operation and maintenance of treatment plants and the acquisition and execution of works of the Capital Improvements Program that do not require competitive bidding; to empower the Authority to initiate eminent domain procedures per se and exempt it from the requirement of declaration of public utility; etc. and finds the same are complete, true and correct versions of each other.
Raúl A. González-Torrents