Esta ley establece la política pública de Puerto Rico sobre el desarrollo sostenible, creando la Comisión de Desarrollo Sostenible de Puerto Rico. Define sus facultades, deberes y composición, promoviendo la armonización de políticas gubernamentales en aspectos sociales, económicos y ambientales para lograr un desarrollo equilibrado y mejorar la calidad de vida de los ciudadanos.
(Approved September 10, 2004)
To establish the public policy of the Commonwealth of Puerto Rico on its sustainable development and provide for the establishment of the Commission on Sustainable Development of Puerto Rico, define its authority and powers and establish its duties and composition.
The late sixties and seventies are frequently referred to as the turning point of important national and international civic movements. The beginning at that point in time of very active and continuously increasing citizen participation in the development of public opinion regarding matters that are transcendental for humanity is extraordinarily important. Anti-war demonstrations promoting peace, social justice and protection of the environment and natural resources are an example.
En 1970, the Commonwealth of Puerto Rico took an important step forward in the protection of the true foundation of its future development. The approval of the "Environmental Public Policy Act" served to declare as its environmental public policy the "use of every practical means and measures with the purpose of promoting and encouraging the general welfare, to create and maintain the conditions under which man and nature may exist in productive harmony and to comply with the social and economic needs and any others which could arise with present and future generations of Puerto Ricans." Said Act also created the
Environmental Quality Board, an agency that became the first institution devoted to environmental protection in America. The "Environmental Public Policy Act" constituted the first and principal statutory plan to be adopted in Puerto Rico that comprehensively addresses all concrete matters that arise in this country concerning the administration and protection of the environment.
When approving the "Environmental Public Policy Act," "the profound impact of man's activity in the interrelations of all the components of the natural environment," and "the critical importance of restoring and maintaining the environmental quality in behalf of the total welfare and development of man" was taken into consideration. However, what is even more important for the future of Puerto Rico is to acknowledge and declare, as part of this public policy, the need to establish a balance between man's activities and environmental protection, as well as the need to establish a balance between satisfying the needs of the present generations and safeguarding the right of future generations to satisfy their own needs.
A retrospection on the thirty-three years that have elapsed since the adoption of the environmental public policy of the Commonwealth of Puerto Rico evidences the importance of the step taken in 1970. Two years later, in 1972, the United Nations Organization (UNO) held the first significant conference on the environment in Stockholm. The declaration that resulted from that conference, known as the Stockholm Declaration, brought to public awareness the problems of contamination, destruction of resources and damages to the environment and the existing dangers to certain species, as well as the need to improve the social welfare of the human population. After this Declaration, the nations of the World have continued to develop their efforts and cooperation agreements to guarantee for humanity the harmony promoted by our environmental public policy for the benefit of present and future generations. Particularly important are the efforts of
the World Commission on Environment and Development in 1987, which was chaired by the Prime Minister of Norway at that time, the Honorable Gro Harlem Brundtland; the United Nations Conference on Environment and Development, held in Rio de Janeiro, Brazil in 1992, also known as the Earth Summit; the Global Conference on the Sustainable Development of Small Island Developing States, held in Barbados in 1994, and the World Summit on Sustainable Development, held in Johannesburg, South Africa in 2002.
The Global Conference on the Sustainable Development of Small Island Developing States was useful for the establishment of specific policies and actions to be enforced at national, regional and international levels to comply with Agenda 21 in island countries. It was the first conference that turned Agenda 21 into an action program for a group of countries. The Declaration of Barbados and the Programme of Action for the Sustainable Development of Small Island Developing States established fifteen specific action priority areas: Climate Change and Sea Level Rise; Natural and Environmental Disasters; Management of Solid Wastes; Coastal and Marine, Freshwater, Land, Energy, Tourism, Biodiversity Resources, National Institutions and Administrative Capacity; Regional Institutions and Technical Cooperation; Transport and Communication; Science and Technology; Human Resources Development; and Implementation, Monitoring and Review.
The World Summit on Sustainable Development centered mainly on addressing five subject areas: water, energy, health, agriculture, and the biodiversity and management of ecosystems. These subject areas are important for the consideration and execution of coherent international action directed toward the achievement of sustainable development.
Among the most important actions and results of the World Summit on Sustainable Development are the following:
the international agenda and the need to give a new thrust to global action against poverty and toward the protection of the environment.
The growing world interest on this topic has heightened the level of awareness on the environmental aspects of development, which used to be scant and even absent in the history of our region. However, the problems caused by the fact that some sectors consider that environmental protection and sustainable development principles are restrictions or impediments to economic and social
development are yet to be overcome. These incorrect or mistaken concepts have limited the capacity of countries to halt the growing environmental deterioration of critical ecosystems and to control pollution.
Last year, as prelude to the Johannesburg World Summit, the Environmental Quality Board held the First Puerto Rican Sustainable Development Congress in the city of Ponce. In said effort, it had the cooperation of the Planning Board, the Department of Natural and Environmental Resources, the Department of State, and the Autonomous Municipality of Ponce. The two main objectives of this activity were to promote pronouncements from several government agencies, academic institutions and civil organizations regarding the concept of sustainable development and the achievements attained following the Earth Summit, and to provide with the assistance of the UN Economic Commission for Latin America and the Caribbean (ECLAC) a clear framework on the commitments made by the countries in Rio de Janeiro and an introduction to the establishment of sustainable development indicators. The activity also served as preparation for the World Summit on Sustainable Development.
The most important results of the First Puerto Rican Sustainable Development Congress were the confirmation that the information compiled by the government agencies is not enough to determine compliance with the goals of the Agenda 21 and the lack of the information required by some sustainable development indicators developed by the UN in some agencies. This activity also evidenced the following:
adjust it to our island context.
In order to follow up on the Puerto Rico Sustainable Development Congress and the World Summit on Sustainable Development, in December, 2002, the Environmental Quality Board held the Binational Seminar on Sustainable Development Indicators, sponsored by officers of ECLAC and experts from Brazil, Chile, Colombia and Mexico. Some of the important themes discussed in said seminar were the importance of information and data for the fulfillment of sustainable development in small island developing states, the theoretical and methodological frameworks of the indicators; the situation of the environmental and sustainable development indicators in Latin America and the Caribbean; the preparation and application of environmental and sustainable development indicators in Brazil, Colombia and Mexico and the circumstances in the Dominican Republic and the Commonwealth of Puerto Rico with respect to the production and
use of environmental information for decision-making. As a result of this seminar, both the Dominican Republic and Puerto Rico developed their individual proposals for the establishment of sustainable development indicators within their respective jurisdictions and further organized national committees entrusted with the follow up of such proposals.
Finally, towards the end of the year 2002, the Environmental Quality Board, the Department of Natural and Environmental Resources and the Planning Board deemed it convenient to continue their inter-agency efforts by creating a Commission, which they accomplished through the establishment of an agreement. Thus, the need arose to establish the Inter-Agency Commission for the Sustainable Development of Puerto Rico. Through the same, it is intended to follow up on the work of the Committee in charge of the establishment of the indicators, as well as to promote the purposes of Agenda 21 and the Puerto Rican Project for the 21st Century.
Within this national, regional and international framework, the Puerto Rican Project for the 21st Century has become even more important for Puerto Rico. It gathers and adequately addresses not only the need to preserve our natural resources and environment, but also other important aspects for the improvement of our quality of life, such as the basic needs of our special communities, the fight against poverty, the improvement of the economy and the creation of employment, the eradication of illiteracy, the indispensable improvements to our transportation system, and others. "In this document we place our hope for a better destiny for all Puerto Ricans; for the men and women of flesh and bone that live, feel and suffer in our homeland."
The Puerto Rican Project for the 21st Century shall direct us toward the development of a society based upon a sustainable economy and to promote a balanced development in which economic progress is in harmony with the
restoration of the quality of the natural environment and the improvement of the quality of life of the citizens, and in which the economic and environmental goals are unified within the context of sustainable development. With this purpose, it is pretended to establish an advisory entity for strategic planning in order to achieve the sustainable development of Puerto Rico, among other things.
It is evident that the past two years have been transcendental for the advancement of the sustainable development of our island. However, it is also evident that sustainable development requires more than a mere healthy environment. It must be acknowledged that we all have the duty to take affirmative action to diminish poverty and achieve and maintain good standards or levels of life, with better employment opportunities and adequate housing, and in general terms, with the achievement and maintenance of good standards or levels of life for Puerto Ricans. If we are interested in prosperity for Puerto Rico, we need to achieve its economic development. For such purpose, in turn, we need to have a work force adapted to our times, with adequate skills and knowledge and a program or system to support it.
The strategy for the sustainable development of Puerto Rico must acknowledge the need for a new vision that gives greater relevance to the environment and natural resources upon which the same is based; particularly with respect to the use of land and water resources, transportation, the production of energy, the management of solid waste and liquids, and the management of our coastal zone. We must support the continuation of our economic development, but in a sustainable manner, to ensure ourselves of the fact that the cost of such development is neither the excessive degradation and destruction of the environment and the natural resources nor social injustice.
This Act shall be cited as the "Sustainable Development Public Policy Act." Section 2.-Purposes The purposes of this Act are to establish a public policy which promotes the attainment of a desirable and convenient quality of life for Puerto Ricans; to promote the harmonization of government policies, programs and activities pertaining to social, economic and environmental aspects, among others; to direct Puerto Rico toward the fulfillment of its sustainable development; and to establish the Sustainable Development Commission of Puerto Rico.
Section 3.-Declaration of the Public Policy on Sustainable Development The Commonwealth of Puerto Rico hereby declares as the permanent public policy of the Government of the Commonwealth, including its municipalities, in cooperation with interested public and private organizations, to use every practical means and measures, including technical and financial aid and the best practices and technologies available, with the purpose of encouraging and promoting the sustainable development of Puerto Rico. Human beings are the focal point of this development. They are entitled to have productive and wholesome lives in harmony with nature.
The Commonwealth of Puerto Rico must be directed toward the achievement of a society based upon a sustainable economy and a balanced development in which economic development is in harmony with the restoration and protection of the environment and the natural resources, as well as the improvement of the quality of life of Puerto Ricans, and in which economic, social and environmental goals are unified within the context of sustainable development and its condition as
A) It is hereby directed that, to the greatest extent possible, all public policies, programs, plans, laws, rules and regulations and executive orders in force at present and in the future, shall be construed, implemented and administered in strict accordance with the public policy set forth in this Act. B) The public policy and other provisions in this Act shall be construed and applied in a complementary manner with respect to the public policies and other provisions of the "Environmental Public Policy Act" and the "Puerto Rico Public Planning and Development Act." C) None of the provisions in this Act shall be construed as a revocation or impairment of the authorities and powers granted by its respective organic laws to the Environmental Quality Board, the Planning Board and other agencies, departments, municipalities, public corporations and instrumentalities.
Section 5.-Duties of Government Entities A) Every agency, department, municipality, corporation and instrumentality of the Government shall revise their present statutory authority, their administrative regulations and their policies and current proceedings with the purpose of determining if any deficiencies or inconsistencies exist therein which prevents them from fully complying with the purposes and provisions of this Act, and shall submit a written report on such matter which shall include those steps needed to adjust their authority and policies pursuant to the intention and purposes of this Act, to the Sustainable Development Commission of Puerto Rico established in Title II of this Act, (hereinafter the Commission), within
eighteen (18) months from the effective date of the same. B) As of the effective date of this Act, the agencies, departments, municipalities, corporations and instrumentalities of the Government shall notify the Commission of any deficiencies or inconsistencies contained in bills under evaluation or in laws to be approved in the future within thirty (30) days after learning of the existence of said deficiencies or inconsistencies. C) The agencies, departments, municipalities, corporations and instrumentalities of the Government shall provide to the Commission the assistance necessary to enable it to comply with the intention, purposes or objectives, and provisions of this Act, in accordance to the resources available to them and the inter-agency agreements to be executed.
Section 6.-Annual Report to the Governor and the Legislature The Commission shall render an annual report to the Governor and the Legislature on the activities conducted and the progress achieved regarding the intention and objectives of this Act.
Section 7.-Creation of the Commission: Composition; Term A) The Sustainable Development Commission of Puerto Rico is hereby created, attached to the Environmental Quality Board. B) The Commission shall be composed of nine (9) commissioners. These shall be the Secretary of Economic Development and Commerce, the Secretary of the Department of Natural and Environmental Resources, the Secretary of the Department of Agriculture, the Chairperson of the Planning Board, who shall be its Vice Chairperson, and the Chairperson of the Environmental Quality Board, who shall also be its
Chairperson. The Governor shall appoint as commissioners four (4) persons to represent civil society who are interested in promoting the sustainable development of Puerto Rico while maintaining a balance of interests between the environmental, economic and social sectors to the greatest extent possible. C) The initial term of office of two (2) of the four (4) representatives of the civil society in the Commission shall be for four (4) years and their successors shall be appointed for subsequent terms of three (3) years. The remaining two (2) representatives of the civil society shall be appointed for three (3) year terms, the same as their successors. The secretaries and heads of agencies shall hold office in the Commission for the term for which they were appointed by the Governor in said departments, offices and agencies. D) In the event of the temporary absence of the Chairperson, a vacancy in the Chairperson's office, or when determined by the latter, the Vice Chairperson of the Commission shall be the acting Chairperson until the Chairperson returns or the vacancy is filled. In the event vacancies or temporary absences occur simultaneously in both offices, the Secretary of Natural and Environmental Resources or the Secretary of Economic Development and Commerce, in such order, shall be the Acting Chairperson. E) The four (4) commissioners representing the civil society shall earn, in per diems, the amount of seventy-five (75) dollars for each day in which they fulfill their duties as active members of the Commission.
Section 8.-Duties of the Chairperson The Chairperson of the Commission shall have the following duties and powers, among others assigned to him by law:
A) Shall preside over the meetings of the Commission and enforce the decisions adopted by the Commission. B) Shall appoint an Executive Director of the Commission, who shall direct and supervise all its technical and administrative activities. C) Shall create, at the request of the Commission or on his own, any subcommissions deemed necessary or convenient, define the duties assigned to each sub-commission and appoint the members thereto. Said members may be commissioners, employees or consultants of the Commission, or officers or employees of other agencies, municipalities, departments, public corporations or instrumentalities. $\mathrm{He} /$ she may also appoint as ad honorem members of these subcommissions any other persons who are not officers or public employees. D) The Environmental Quality Board may contract the services of highly specialized persons, including professional and consultant services, when necessary to carry out the purposes of this Act. E) The Environmental Quality Board may accept and provide that royalties and donations or funds appropriated in the budget of the Commission be spent to conduct special studies in accordance with this Act and may use any help made available to it by other public and private agencies or institutions. F) The Environmental Quality Board may establish and execute the contracts or agreements needed to carry out the pertinent programs and procedures within the framework of its functions and the laws of Puerto Rico. G) Shall represent the Commission and, when so authorized by the Governor, the Commonwealth of Puerto Rico, in coordination with the
Department of State of Puerto Rico, and in accordance with the foreign policy of the United States, in all national, regional or international activities on sustainable development. $\mathrm{He} /$ she may delegate the representation of the Commission on any of its commissioners, who are, in turn, public employees or on its Executive Director. H) May delegate upon the Executive Director or other members of the Commission the duties and powers he/she deems necessary for the best operation of said Commission.
Section 9.-Duties of the Commissioners The members that constitute the Commission shall be responsible for the performance of the duties, powers and functions listed in Section 10 of this Act. A quorum equal to half plus one of its members or commissioners shall be required for the meetings of the Commission. Every agreement of the Commission shall be made by the majority vote of the commissioners attending the meeting or who are consulted by telephone, fax or referendum carried out pursuant to the rules adopted by the Commission for such purposes. Any vacancy arising among the representatives of the civil society before the expiration of the term shall be filled by appointing a new commissioner for the unexpired portion of the term.
Section 10.-Powers and Duties The Commission shall have the following duties, powers and functions among others: A) Prepare and present to the Governor and the Legislature the report mentioned in Section 6 of this Act. B) Coordinate with the Department of State of Puerto Rico and ensure the active participation of the Commonwealth of Puerto Rico, in accordance with the foreign policy of the United States, in regional and worldwide sustainable development proceedings and efforts,
particularly those pertaining to small island developing states and Caribbean countries. The Commission shall select and appoint the persons who shall be part of delegations, special commissions or groups when it is required or convenient to have a delegation, special commission or group of persons from Puerto Rico in such activities. Moreover, the Commission may delegate on any agency or public instrumentality the participation in certain sustainable development activities. D) Issue recommendations on the economic development vision to harmonize the same with our island context and within the framework of the sustainable development of Puerto Rico, as well as to integrate social development, environmental protection and the conservation of natural resources. E) Promote and monitor that government agencies produce reliable and up dated information and data. F) Establish procedures and requirements to ensure the most effective coordination of government activities germane to sustainable development in consultation with other public agencies, departments, corporations and instrumentalities, including prevention of duplication of government efforts, inconsistencies or conflicts among government actions. G) Develop, in coordination with other public agencies, departments, corporations and instrumentalities, and monitor the application of sustainable development indicators to facilitate and support decisionmaking and to also periodically supervise the progress made toward the fulfillment of the intention and goals of this Act. H) Require and obtain information and data from the public or private
agencies and instrumentalities it deems necessary for compliance with its duties and responsibilities. To analyze and interpret said information and data to determine whether the conditions and trends are interfering or may interfere with the fulfillment of the policy established in Title I of this Act, and compile and submit to the Governor the studies pertaining to such conditions and trends. I) Revise and evaluate the different Government programs and activities pursuant to the policy established in Title I of this Act to determine the extent to which such programs and activities contribute to the fulfillment of said policy and to make recommendations to the Governor regarding this matter. J) Develop and recommend public policies, programs and actions to encourage and promote the sustainable development of Puerto Rico to the Governor. K) Carry out and submit studies, reports on said studies, and recommendations regarding matters of policy and legislation as requested by the Governor. L) Accept, receive and administer donations or funds from public, quasipublic or private entities or from the Government of the United States or any of its instrumentalities, or from regional and international entities in order to fulfill the purposes of this Act. All the monies received by the Commission in the fulfillment of its duty to implement this Act shall be covered into the Special Account of the Environmental Quality Board, created by Act No. 9 of June 18, 1970, as amended, for the exclusive use of the Commission, or any subaccount thereof. M) The Environmental Quality Board shall collect the corresponding fees
for copies of its publications or studies so as to recover the expenses incurred in their printing or reproduction. The proceeds from the above stated shall be covered into the Special Account of the Environmental Quality Board, created by Act No. 9 of June 18, 1970, as amended, or any sub-account thereof. However, the Board and the Commission, with the authorization of the Board, may, at their discretion, distribute free copies of said publications to the persons or entities it may deem convenient. N) To solicit, accept and obtain cooperation and technical and economic assistance of federal, state, or municipal agencies, industries, regional or international organizations, other similar commissions or agencies from other countries, or other individual entities, as set forth in the applicable laws and regulations to comply with the purposes of this Act. O) The Commission may direct any person or entity under its jurisdiction to file before it the reports required for the implementation of this Act. P) The Commission may hold public hearings to obtain or discuss information and data germane to its operations, if deemed convenient or necessary. Q) To require from any government body the necessary assistance to comply with this Act and/or its regulations. R) The Environmental Quality Board may enter into agreements with any political subdivision, department, agency, authority, public corporation educational institution or instrumentality of the Government of Puerto Rico or the United States of America, and with regional or international private corporations or entities, or other similar commissions or agencies from other countries to obtain or provide
professional services or of any other nature, and to obtain or provide facilities to carry out the purposes of this Act. The agreements shall specify the services and facilities to be obtained or provided and the reimbursement or payment for said services or facilities, or whether the services are to be rendered free of charge. The refunds or payments received for the services or facilities provided shall be covered into the General Fund of the Commonwealth Treasury, except that in the cases of authorities, instrumentalities or public corporations whose funds are not under the custody of the Secretary of the Treasury, such refunds or payments shall be covered into the funds of the body that provided the service or facilities. In the case of the Commission, such refunds or payments shall be covered into the Special Account of the Commission and in the case of the Environmental Quality Board, they shall be covered into the Special Account of the Environmental Quality Board. S) The Environmental Quality Board shall contract the professional services of attorneys, economists, planners, sociologists, scientists, engineers, agronomists, or other experts and professionals that may be necessary to advice or represent it, or to carry out activities needed to comply with its responsibilities, and to fix their corresponding compensation. T) Plan and carry out sustainable development trainings, conferences, congresses or other similar activities at national, regional or international level. U) Produce, reproduce and distribute literature or other educational materials on sustainable development. V) Adopt rules for its organization and internal procedures. W) Consult with representatives of science, industry, agriculture, labor,
conservation organizations, municipal governments and other groups, as deemed necessary and convenient. X) To use the services, facilities and information (including statistics) of public or private agencies and organizations, as well as individuals, to the greatest extent possible, in order to prevent the duplication of efforts and expenses.
Section 11.-Effectiveness This Act shall take effect immediately.
I hereby certify to the Secretary of State that the following Act No. 267 (H.B. 4185) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish the public policy of the Commonwealth of Puerto Rico on its sustainable development and provide for the establishment of the Commission on Sustainable Development of Puerto Rico, define its authority and powers and establish its duties and composition, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 29th of November of 2005.
Francisco J. Domenech Director