Esta ley enmienda la Ley de Política Pública Ambiental de Puerto Rico para establecer que, en proyectos privados que requieren consulta de ubicación, la agencia, departamento, municipio, corporación o instrumentalidad pública con experiencia o interés en la acción propuesta o la ubicación del proyecto será el proponente o cuerpo consultor ante la Junta de Calidad Ambiental, eximiendo a la Junta de Planificación de esta función para evitar conflictos de interés.
(Approved September 3, 2003)
To amend subsection (I) of Section 4 of Act No. 9 of June 18, 1970, as amended, known as the "Public Environmental Policy Act," to establish that in the cases stated in this paragraph, the proponent or consulting body before the Environmental Quality Board shall be the agency, department, municipality, corporation or public instrumentality concerned or of acknowledged expertise regarding the proposed action or the location of the project; and for other purposes.
Act No. 9 of June 18, 1970, as amended, known as the "Public Environmental Policy Act" establishes the public policy of the Commonwealth of Puerto Rico, of stimulating a desirable and convenient harmony between human beings and the environment. At the same time, it promotes efforts to impede or eliminate damage to the environment and the biosphere, and stimulate human health and welfare, it enhances an understanding of the ecological systems and natural resources for Puerto Rico, and establishes the Environmental Quality Board.
This bill was subsequently subject to several amendments. Act No. 311 of September 2, 2000, amended this Act to exempt the Planning Board from acting as a proponent agency in those private projects in which the Planning Board is bound to intervene in the process of consultation of location; empowers the Environmental Quality Board to establish regulations for private enterprise to resort to this agency in those cases, and for it to prepare and present the corresponding environmental impact statement, among other
purposes. The purpose for the approval of this Act was to avoid conflicts of interest for the Planning Board, since it could not act as the entity in charge of analyzing the proposed action, and at the same time prepare the environmental impact statement before the Environmental Quality Board. To such effect, the preparation and presentation of the environmental document was delegated to the private sector.
In our judgment, in spite of the legitimate objective and purpose of this Act, it is not adequate. We consider that by granting such delegation to private industry, it would be implementing public policy instead of obeying and complying with it. It is up to our government, as part of its ministerial duty to create and implement public policy.
Notwithstanding the above, this conflict has been rectified administratively through of an executive order. However, we understand it would be beneficial to amend Act No. 9, supra, to establish that the environmental impact statement be prepared and presented by the agency concerned or with acknowledged expertise in the proposed action, thus safeguarding the duties pertaining to the State, for their execution at a higher legal hierarchy.
Section 1.- Subsection (I) of Section 4 of Act No. 9 of June 18, 1970, as amended, is hereby amended to read as follows: "Section 4. - Construction of Legal Provisions
(a) ...
(i) The Planning Board is hereby exempted from complying with Section 4(c) of this Act in private projects which require intervention in its location consultation process. In these cases,
the proponent or consulting body before the Environmental Quality Board shall be the agency, department, municipality, corporation or public instrumentality that is concerned, or has acknowledged expertise related to the proposed action or the location of the project. The Environmental Quality Board shall approve the necessary regulations to avoid unnecessary delays or conflicts between agencies for the determination of which agencies shall act as proponents or consultants, and which shall act as advisors or commentators in each case. Any conflict or controversy on this matter shall be adjudicated case by case."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 256 (H.B. 3188) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection (I) of Section 4 of Act No. 9 of June 18, 1970, as amended, known as the "Public Environmental Policy Act," to establish that in the cases stated in this paragraph, the proponent or consulting body before the Environmental Quality Board shall be the agency, department, municipality, corporation or public instrumentality concerned or of acknowledged expertise regarding the proposed action or the location of the project; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of September of 2004.
Elba Rosa Rodríguez-Fuentes Director