Esta ley enmienda la Ley Núm. 70 de 18 de septiembre de 1992, conocida como la "Ley de Reducción y Reciclaje de Desperdicios Sólidos de Puerto Rico", para requerir a los municipios la compra escalonada de material reciclable. Establece porcentajes mínimos y progresivos para la adquisición de productos fabricados con material reciclado, con el objetivo de reducir los desperdicios sólidos en vertederos y promover el mercado de materiales reciclados.
(Approved September 7, 2004)
To amend subsection
(a) (6) of Section 14 of Act No. 70 of September 18, 1992, as amended, in order to require to the Municipalities of the Commonwealth of Puerto Rico the staggered purchase of recyclable material.
The Commonwealth of Puerto Rico Solid Waste Reduction and Recycling Program governs by virtue of Act No. Act No. 70 of September 18, 1992, as amended, known as the "Puerto Rico Solid Waste Reduction and Recycling Act." Among its objectives, are the reduction of the solid waste deposited in landfills, the recovery of resources and energy, the development of a recycled material market, the conservation of natural resources and the environment, as well as to improve the health of the People of Puerto Rico.
More than a decade has passed since the approval of Act No. 70 of 1992, supra, it is necessary to temper the same so it can answer to the changes in the volume of handling and disposal of solid waste, as well as the experience regarding this matter of eminent public interest not only in Puerto Rico but also in other world countries.
Regarding the 2000 update of the Recycling Plan for the municipalities, the expectancy is that by the year 2006 the volume of solid waste disposed of in landfills would be gradually reduced thirty-five percent (35%.) Such reduction timetable is supposed to be achieved through the re-use and the recycling in the solid waste processing.
Pursuant to the above, the present Act provides for the municipalities to effectively integrate to the public policy that promotes recycling, by fixing a minimum and progressive quota for the acquisition of products manufactured, either wholly or partially, with recycled material.
It answers to the recommendations in consensus for the Municipal Reform included in the April 30, 2002 Report presented to the Honorable Sila M. Calderón, Governor of the Commonwealth of Puerto Rico by the Autonomous Municipalities Evaluating Committee.
Section 1.- Subsection
(a) (6) of Section 14 of Act No. 70 of September 18, 1992, as amended, is hereby amended to read as follows: "Section 14.- Purchasing Preferences.-
(a) ... (1) ... (6) Notwithstanding any law otherwise applicable, whenever a municipality is purchasing products, with or without post consumer recycled material, if the price is reasonably competitive and the quality is adequate for the projected use, it shall purchase, at least five (5%) percent until fiscal year 20042005 and in subsequent years at least ten (10%) percent, products containing recycled material with preference for those products containing the highest amount possible of recycled
material or recycled fiber that are reasonably competitive. For the purposes of this Section, "reasonably competitive" means a comparable product containing recycled material with a price increase of not more than fifteen (15%) percent. ... Section 2.- Effectiveness.- This Act shall take effect sixty (60) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 254 (S.B. 2319) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(a) (6) of Section 14 of Act No. 70 of September 18, 1992, as amended, in order to require to the Municipalities of the Commonwealth of Puerto Rico the staggered purchase of recyclable material, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $9^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director