Esta ley enmienda la "Ley de Manejo de Neumáticos" para transferir diez millones de dólares del Fondo para el Manejo Adecuado de Neumáticos al Fondo de Emergencia Ambiental, con el fin de abordar la limpieza de sitios contaminados y emergencias ambientales.
(Approved September 5, 2003)
To amend subsection
(b) of Section 17 of Act No. 171 of August 31, 1996, as amended, known as the "Tire Management Act," for the purpose of establishing the transfer of ten million dollars from the remaining funds and accrued interest existing in the Fund for the Adequate Management of Tires to the Environmental Emergency Fund, created by Act No. 81, of July 2, 1987, as amended.
In view of the growing concern generated by the problems in the adequate management of discarded tires in Puerto Rico, this Legislature passed Act No. 171 of August 31, 1996, as amended, better known as the "Tire Management Act." Through this Act, the Fund for the Adequate Management of Tires was created, with the purpose of promoting the recycling of tires and reducing the number of tires discarded in our dumps.
As part of the administrative structure of this fund, funds are appropriated to the agencies that work in promoting the recycling of tires but, the Act in turn, requires that any excess be used for the cleaning, removal and management of clandestine tire dumps. At present, the remainder of this fund have not been used for the purposes for which it was created, thus, it is necessary to determine how the same can be used, maintaining the purpose to which they were destined.
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 the costs and expenses related with the cleaning of sites contaminated or affected by the management and dumping of hazardous solid waste. For such reason, it is indispensable to provide this agency with the funds needed so that it may carry out this important task promptly. Recognizing that environmental contamination must be addressed with priority, we deem that it is necessary to nourish the Environmental Emergencies Fund so that it may address any type of emergency and cleaning of an environmental nature.
Section 1.- Subsection
(b) of Section 17 of Act No. 171 of August 31, 1996, as amended, is hereby amended to read as follows: "Section 17.- Fund for the Adequate Management of Discarded Tires
(a) ...
(b) The total amount of the fund distributed shall never exceed $100 %$ of the collections. Any remainder shall be assigned for the cleaning, removal and management of clandestine discarded-tire dumps and to address emergency situations certified as such by the Environmental Quality Board and endorsed by the Natural and Environmental Resources Department.
Furthermore, the Department of the Treasury shall transfer to the Environmental Emergencies Fund, created by Act No. 81 of July 2, 1987, as amended, the sum of ten (10) million dollars that proceed from a surplus of funds and accrued interest in the Adequate Management of Discarded Tires Fund available at the time this Act takes effect.
The expenses incurred in addressing 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 the same to the Adequate Management of Discarded Tires Fund. The Department of the Treasury shall annually determine the amount of the surplus on June 30 of each year. The Department of the Treasury is authorized to address any emergency occurring during the present fiscal year 1999-2000 upon determining of a surplus retroactive to January 1, 2000.
(c) . . ."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 271 (H.B. 3489) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(b) of Section 17 of Act No. 171 of August 31, 1996, as amended, known as the "Tire Management Act," for the purpose of establishing the transfer of ten million dollars from the remaining funds and accrued interest existing in the Fund for the Adequate Management of Tires to the Environmental Emergency Fund, created by Act No. 81, of July 2, 1987, as amended, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director