Esta ley enmienda la Ley Núm. 172 de 31 de agosto de 1996, conocida como la "Ley para el Manejo de Aceite Usado en Puerto Rico". Clarifica que la Junta mencionada en la ley es la Junta de Calidad Ambiental y establece que los remanentes e intereses del Fondo para la Recolección y Manejo de Aceite Usado al final del año fiscal se transferirán al Fondo de Emergencias Ambientales y al Fondo para la Adquisición y Conservación de Terrenos. También ordena la transferencia de fondos e intereses acumulados del Fondo para la Recolección y Manejo de Aceite Usado al Fondo de Emergencias Ambientales.
(Approved September 5, 2003)
To amend subsection 1(e), 2 and 3 of Section 12 of Act No. 172 of August 31, 1996, as amended, known as the "Act for the Management of Used Oil in Puerto Rico," for the purpose of clarifying that the Board referred to in said subsection is the Environmental Quality Board; to amend subsection 1(f) of Section 12 of Act No. 172 of August 31, 1996, as amended, for the purpose to provide that any remainder from the Recollection and Management of Used Oil Fund at the end of the fiscal year, as well as the interest accrued by said fund, shall be transferred to the Environmental Emergencies Fund created by Act 81, of July 2, 1987, as amended, and to the Fund for the Acquisition and Conservation of Land created by law; and to direct the transfer of accrued funds, as well as the interest, of the Fund for the Recollection and Management of Used Oil to the Environmental Emergencies Fund.
In view of the growing concern generated by problems in the adequate management of used oil in Puerto Rico, this Legislature approved Act No. 172 of August 31, 1996, as amended, better known as Act for the Proper Management of Used Oil. This Act created the Fund for the Recollection and Management of Used Oil, whose purpose is to promote recycling of oil and reduce land contamination with this material.
As part of this fund's administrative structure, funds are appropriated to agencies that work to promote the recycling of used oil. However, the law, in turn, directs that any remainders be used for any situations that endanger our environment and public health due to contamination caused by used oil. At present the surplus of these funds has not been used for the purpose for
which it was created, therefore, it is necessary to determine the way in which the same may be used, in turn, maintaining the objective of reducing environmental problems.
At present, the Environmental Quality Board lacks sufficient funds in the Environmental Emergencies Fund created by Act No. 81 of July 2, 1987, as amended, to defray costs and expenses related to the cleaning of places contaminated or affected by the management and disposal of non-hazardous solid waste, including used oil among them. For such reason, it is indispensable to provide this agency with the necessary funds so that it may carry out its important work promptly.
On the other hand, being aware that environmental contamination must be addressed with priory, we deem it to be necessary to establish a single fund aimed at addressing any type of emergency and cleaning of an environmental nature, thus we cannot continue to promote the creation of special funds to address emergency situations of an environmental nature. Furthermore, the Environmental Quality Board at present has the mechanisms, for the cleaning of places contaminated with hazardous materials, through the Environmental Emergencies Fund.
In addition to taking cleaning measures to protect our environment, it is very important to consider protecting land of a high ecological value, to prevent the same from being affected. As a result, we can address the need for funds for the Environmental Emergencies Fund as well as the acquisition of land for its conservation with funds that to this day are unused in the Fund for the Recollection and Management of Used Oil.
Section 1.- Subsections 1(e), 1(f), 2 and 3 of Section 12 of Act No. 172 of August 31, 1996, as amended, are hereby amended to read as follows:
"Section 12.- Used Oil Collection and Management Fund
(a) ...
(b) ...
(c) ...
(d) ...
(e) Five (5) per cent shall be appropriated to the Environmental Quality Board from the money collected to cover expenses inherent to its duty of implementing, enforcing this chapter and ensuring its compliance.
(f) Twenty four (24) per cent of the money collected shall be deposited in the Environmental Emergencies Fund created by Act No. 81 of July 12, 1987, as amended. The same shall be used to address those situations that jeopardize our environment and our public health, as determined by the Environmental Quality Board. The expenses incurred to address emergencies may be recovered through an administrative order issued by the Environmental Quality Board or through a civil action filed in the General Court of Justice of Puerto Rico or of the United States of America against any person liable for the emergency, and the Environmental Quality Board shall reimburse it to the Environmental Emergencies Fund created by Act No. 81 of July 12, 1987, as amended. These provisions shall be complementary to those of Act No. 81 of July 12, 1987, as amended, and nothing of the herein provided shall be construed as preventing the application of the same or the
filing of judicial or administrative actions pursuant to the same, and for obtaining the remedies provided in said Act. 2. Any surplus from the Fund for the Recollection and Management of Used Oil, as well as the interest accrued at the closing of each fiscal year shall be divided and transferred prospectively into fifty (50) percent to the Environmental Emergency Fund created by Act No. 81, of July 2, 1987, as amended, and the other fifty (50) per cent to the Fund for the Acquisition and Conservation of Land created by law. Furthermore, the Department of the Treasury shall transfer to the Environmental Emergency Fund created by Act No. 81, of July 2, 1987, as amended, the remaining funds and interest accrued of the Fund for the Recollection and Management of Used Oil in existence on the effective date of this Act. 3. The Secretary of the Treasury shall open an account at the Government Development Bank for Puerto Rico for the investment of the emergencies account funds, which at the end of each fiscal year shall be distributed as established in subsection 2 of this Section. The interest generated by this account shall be reinvested in the same account. The investment of funds shall be governed by the investment policy for government dependencies. 4. ... 5. ... 6. ...
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 269 (H.B. 3487) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection 1(e), 2 and 3 of Section 12 of Act No. 172 of August 31, 1996, as amended, known as the "Act for the Management of Used Oil in Puerto Rico," for the purpose of clarifying that the Board referred to in said subsection is the Environmental Quality Board; to amend subsection 1(f) of Section 12 of Act No. 172 of August 31, 1996, as amended, for the purpose to provide that any remainder from the Recollection and Management of Used Oil Fund at the end of the fiscal year, as well as the interest accrued by said fund, shall be transferred to the Environmental Emergencies Fund created by Act 81, of July 2, 1987, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $8^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director