Esta ley enmienda la Ley Núm. 3 de 21 de marzo de 1978 para prohibir el establecimiento de nuevas estaciones de servicio de gasolina y la ampliación de las existentes a menos de 1,000 pies de escuelas públicas o privadas e instituciones de aprendizaje postsecundario. También prohíbe la recepción de gasolina u otros combustibles, así como actividades de limpieza o mantenimiento que impliquen la apertura de tanques de combustible, en estaciones existentes dentro de ese radio durante el horario escolar. La Junta de Planificación y la Administración de Reglamentos y Permisos (ARPE) están autorizadas para hacer cumplir las disposiciones sobre el establecimiento de nuevas estaciones, mientras que la Junta de Calidad Ambiental es la agencia encargada de la aplicación de la ley y sus penalidades, en coordinación con otras agencias. Se establecen multas y penas de cárcel por incumplimiento. Las municipalidades de Vieques y Culebra están excluidas de esta ley.
(Approved July 26, 2003)
To amend Act No. 3 of March 21, 1978, as amended, known as the "Producers, Refiners and Wholesale Distributors of Gasoline Control Act," to add a new Section 2a to set forth a prohibition on the establishment of new retail sales service stations, as well as on extensions to existing stations located within a radius of one thousand $(1,000)$ feet from a public or private school, or post secondary learning institution; to set forth that a retail sales service station established prior to the effectiveness of this Act which is located within a radius of one thousand $(1,000)$ feet from a public or private school, or a post secondary learning institution shall not receive gasoline nor other fuels in its tanks during school hours; to include the limit in schedules, cleaning activities, maintenance, or any other action that entails opening and exposing the fuel tanks and to authorize the Planning Board and the Regulations and Permits Administration (ARPE, Spanish acronym) to enforce those dispositions that limit the establishment of new retail sales service stations within a radius of one thousand $(1,000)$ feet from a public or private school or post secondary learning institution; to designate the Environmental Quality Board as the agency in charge of the enforcement of this Act and its penalties, in coordination with other agencies and to establish the necessary regulations; and to add subsection
(b) to Section 9 and establish penalties for non compliance with this Act.
Our Constitutional statutes ordinance guarantee the right of all citizens to receive free education up to the secondary level. Likewise, the responsibility to oversee the health and safety of the constituents is imposed
upon the State. These guarantees have been acknowledged among the most important in our Code of Laws. The Department of Education has one thousand five hundred forty three $(1,543)$ public schools and a little over seven hundred thousand $(700,000)$ students.
On the other hand, this Legislature has declared that the industry of gasoline and other fuels is imbued with high public interest. It has been pointed out that the importance of this industry centers upon the impact of same upon the economic growth of Puerto Rico. According to data from the Gasoline Retailers Association of Puerto Rico, Inc., there are one thousand three hundred fifty-five $(1,355)$ retail sales service stations on the Island.
This Legislature understands that Puerto Rico's economic growth cannot be carried out at the cost of the health and education of our children and youths.
Many of our educational system's schools have faced problems with gas emanations for years. Most of the public and private schools that face gas emanation problems. and the intoxication due to gas emanations of children, and both teaching and non-teaching personnel are structures located within a radius of one thousand $(1,000)$ feet from a retail sales service station. In fact, estimates from the Environmental Quality Board indicate that around one hundred eighty (180) public schools are facing this problem of intoxication due to gas emanations related to the dispensing of gasoline from the tanks located at a retail sales service station. This data is obtained from information provided by personnel of the Environmental Quality Board, as well as from other studies performed at particular schools. Similarly, it has been found that there exists a relationship between the filling of tanks of gasoline and other fuels and schools located within a
radius of one thousand $(1,000)$ feet from a retail sales service station and the incidence of gas emanations in schools.
After the findings of field studies performed by the Environmental Quality Board's Emergency Division personnel and the Objectionable Odors in Schools Investigations Interagency Committee, both entities recommended the regulation of the schedules for the filling of tanks of gasoline and other fuels in such a manner that the students shall not be affected by the gases generated by such activities. The Division has performed field tests at several schools, using hydrocarbon detectors or Carbogenic Molecular Sieves (C.M.S.), as well as photo ionization detectors (P.I.D.) on the air while the retail sales service stations filled their tanks with fuel. Likewise, samples were taken from sewer systems connected to the retail sales service stations while the retail sales service stations filled their tanks with fuel.
The result of these studies is that the process of filling the tanks of the retail sales service stations generates vapors that are perceived around the nearby schools, affecting children, youths, and adults in same. The wind spreads the odors of the fuel components until the schools are saturated. In this manner, at first instance, the students and adults are afflicted by respiratory conditions, and afterwards the remaining school population of around one hundred eighty (180) Department of Education schools located within a radius of one thousand $(1,000)$ feet from any retail sales service station.
As a matter of fact, at Carmen Benítez School in the Municipality of Las Piedras, through the efforts of the community and school directors, an agreement was made with a retail sales service station located within one thousand $(1,000)$ feet from said school, for the distributors to refrain from
dispensing fuels during school hours. While the agreement was in effect, there were no gas emanations problems at the aforementioned school. However, once the agreement was dissolved, the health and safety of students, teachers, and other personnel was once again affected by gas emanations. The same has occurred with other schools that face gas emanation problems.
This Act would affect the tank filling schedule of around one hundred eighty (180) retail sales service stations from a total of one thousand three hundred fifty-five $(1,355)$, or thirteen percent $(13 %)$ of same. In turn, the health, safety, and education of around eighty thousand $(80,000)$ students, children and youths, as well as teaching personnel and non-teaching personnel shall be protected in said schools. Also, a prohibition is hereby included against the establishment of retail sales service stations within a radius of one thousand $(1,000)$ feet from the site of a private or public school or where there is a plan for the building of a public or private school.
This Legislature understands it is necessary to protect the health and safety of the children and youths that attend our country's schools. Similarly, it understands that the effect upon retail sales service stations is not of such magnitude that it would affect the operations or economy of same.
Section 1.- Section 2a is hereby added to Act No. 3 of March 21, 1978, as amended, known as the "Producers, Refiners and Wholesale Distributors of Gasoline Control Act," as amended, to read as follows: "All gasoline retail service stations established before the effectiveness of this Act which is located within a radius of one thousand $(1,000)$ feet from a public or private school, or a post secondary learning institution, shall
not receive gasoline or other fuels in its tanks during school hours. Likewise, distributors of gasoline are hereby prohibited from performing cleaning, maintenance or any other action that entails the opening and exposure of fuel tanks in those retail sales service stations established prior to the effectiveness of this Act on premises located within a radius of one thousand $(1,000)$ feet from a public or private school, or a post secondary learning institution. This provision shall apply to those retail sales service stations that serve Government and diverse private entity vehicles, and to establishments for the sale of vehicles, without this being considered a closed listing.
It is hereby provided that the establishment of new retail sales service stations within a radius of one thousand $(1,000)$ feet from a public or private school, or a post secondary learning institution is prohibited. The Planning Board and the Regulations and Permits Administration are hereby authorized to set forth all necessary regulations for this legislation to take effect, as long as said regulations do not contravene, in whole or in part, any provisions of law set forth herein."
Section 2.- Subsection
(b) is hereby added to Section 9 of Act No. 3 of March 21, 1978, as amended, known as the "Producers, Refiners and Wholesale Distributors of Gasoline Control Act," to read as follows: "(a) $\quad$.
(b) Any natural or legal person who incurs, or conspires for incurring a violation against the provisions set forth in Section 2a of this title, and is convicted for same, shall be penalized by a fine of not less than five hundred (500) dollars, nor more than five thousand $(5,000)$ dollars, or a jail term of not less than three (3) months,
nor more than six (6) months, or both penalties, at the discretion of the Court."
Section 3.- The Environmental Quality Board is hereby authorized as the agency in charge to put into effect this Act and its penalties, in coordination with other agencies. Also, it is hereby authorized to set forth those rules and regulations necessary to put into effect the provisions set forth by this Act, as long as said rules and regulations do not contravene the provisions herein. The regulation process shall be subject to the provisions set forth in the Uniform Administrative Procedures Act. The regulations shall be approved within one hundred and twenty (120) days following the approval of this Act.
Section 4.- Excluded from this Act are the Island Municipalities of Vieques and Culebra, due to their geographical limitations.
Section 5.- This Act shall take effect six (6) months after its approval.
I hereby certify to the Secretary of State that the following Act No. 169 (S.B. 1214) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Act No. 3 of March 21, 1978, as amended, known as the "Producers, Refiners and Wholesale Distributors of Gasoline Control Act," to add a new Section 2a to set forth a prohibition on the establishment of new retail sales service stations, as well as on extensions to existing stations located within a radius of one thousand $(1,000)$ feet from a public or private school, or post secondary learning institution; to set forth that a retail sales service station established prior to the effectiveness of this Act which is located within a radius of one thousand $(1,000)$ feet from a public or private school, etc. has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of May of 2004.
Elba Rosa Rodríguez-Fuentes Director