Esta ley crea la "Ley de Desarrollo Integral de las Comunidades Especiales de Puerto Rico" para establecer la política pública del Estado Libre Asociado de Puerto Rico sobre el desarrollo integral de las comunidades especiales de la Isla. Define los criterios para identificar estas comunidades, crea la Oficina del Coordinador General para el Financiamiento Socioeconómico y la Autogestión, el Fondo de Desarrollo Socioeconómico de las Comunidades Especiales y el Consejo de Comunidades Especiales, y asigna recursos para su organización e inicio del programa. La ley busca promover la autogestión y el control comunitario, la alianza entre comunidades, sectores públicos y empresariales, y un enfoque integral para abordar la pobreza y mejorar la calidad de vida en estas comunidades.
To create the "Puerto Rico Special Communities Integral Development Act", in order to establish the public policy of the Commonwealth of Puerto Rico regarding the integral development of the special communities of the Island; establish the guidelines to be taken into account to identify special communities; to create the Office of the General Coordinator for Socio-Economic Financing and SelfManagement, the Office of the General Coordinator, the Special Communities Socio-Economic Development Fund and the Special Communities Council; and to appropriate resources for the organization of the Office and to initiate the Program.
The economic transformations that have taken place in Puerto Rico in the last decades have brought about some benefits that have not been enjoyed equally by all the sectors of the Island. Hundreds of thousands Puerto Ricans that have not had access to opportunities for development in the economic as well as in the social aspect live in conditions of poverty, basic infrastructure, unacceptable environmental conditions, deficient dwelling conditions, high incidence of delinquent conduct, domestic violence, child abuse, teen-age pregnancies, and the use and abuse of controlled substances, among others, which are totally unacceptable in a civilized society. These living conditions are present in the indigent sector, urban areas, and isolated communities in rural sectors and in many families that live in public housing projects.
Statistics present an alarming picture. According to the 1990 Census, $58 %$ of Puerto Ricans, to wit, 2,057,377 persons of a total of 3.5 million, live below poverty levels. Regarding our youths under eighteen years of age, $66 %$ are under the poverty level, to wit, 761,789 of a total of 1.1 million children and youths.
It should also be pointed out that in approximately $30 %$ of the homes of Puerto Rico, the head of a family is a woman. In 7 of every 10 of these homes, the median income barely reaches $40 %$ of the median income of those families constituted by both parents.
These objective conditions of alienation prevailing in the special communities, aggravated by the inequity caused by gender, age, social and racial conditions, have, at the same time, social, psychological and negative health effects and produce among its residents a sense of impotence and frustration that continuously undermine their faith in themselves, the Government and the institutions.
It is imperative for the Commonwealth of Puerto Rico and its municipalities to modify their view on intervention and to replace their traditional role or performance as a paternalist form of government, by a model that can incorporate the working capacity and will of the communities in the solution of their problems.
This Act recognizes that in the development of special communities they should have the main role by becoming efficient agents of change, capable of establishing and attaining their goals and objectives geared to achieving a better quality of life.
The public policy set forth herein establishes that the General Coordinator, the departments, public corporations, agencies and municipalities of the Commonwealth of Puerto Rico, have the duty and
responsibility to act in an integrated manner and through a systematic and interdisciplinary outlook to promote the development of these Special Communities.
Therefore, as of the effective date of this Act, it is hereby provided that it shall be the responsibility of the Commonwealth of Puerto Rico to promote the creation of conditions that would allow the solution of the grave problem of alienation existing in these special communities, by stimulating the active involvement of its residents in order to improve their quality of life. To such ends, the organizational and economic base of the special communities shall be stimulated so that they may assume the control of their own development process.
In order to achieve those purposes, the Office of the General Coordinator for Socio-Economic Financing and Self-Management attached to the Office of the Governor is hereby created, which shall be directed by a General Coordinator. The faculties and powers needed to perform the tasks of coordinating government efforts, including those of the municipalities, with respect to the social and economic development of the special communities, and the promotion of the participation of the private sector, and of foundations and institutions of the civil society in these initiatives shall be delegated on this official. His/her Office shall be the executing arm which shall ensure compliance of the public policy established herein. Through this Act, the resources for its initial organization shall be also provided.
This Act creates the Special Communities Socio-Economic Development Fund, which upon completion of the previous actions, which are essential for the execution of the objectives of this Act, shall have the funds that shall allow it to subsidize community initiative projects.
This Act shall be known as the "Puerto Rico Special Communities Integral Development Act".
Section 2.- Public Policy of the Commonwealth of Puerto Rico for the Promotion of the Integral Development of the Special Communities of Puerto Rico.
It shall be the public policy of the Commonwealth of Puerto Rico to promote the principle of self-management and community control, to wit, the integral process through which the persons and their communities recognize and exercise their fee simple and control of their lives through their own efforts and power. Due to the levels of poverty, unacceptable environmental conditions and other social ills that still exist in Puerto Rico, it is a priority of the Commonwealth of Puerto Rico to identify communities that, due to their conditions, require special treatment so that their proactively development can be undertaken.
This initiative shall be addressed to promote that the residents of the special communities may acquire, through their own efforts, the living conditions, skills, attitudes and levels of organization that will enable them to become the authors of their own economic and social development process. The Government shall act as enabler, promoter, facilitator and collaborator, eliminating barriers, establishing incentives and creating the necessary conditions and mechanisms so that said communities may successfully assume their personal and community development.
On the other hand, it is required that the members of the special communities be committed, contribute and work to promote their welfare. Thus, the Government of the Commonwealth of Puerto Rico and its
dependencies, as well as the municipalities shall be required to set forth well planned measures to stimulate the participation of the special communities in the decision making processes regarding matters that affect their development, from the perspective of their new role as owners and producers, radically different from the model of Benefactor or Paternalist State.
It shall likewise be the public policy of the Commonwealth of Puerto Rico to promote and enable the alliance between the communities and the public and entrepreneurial sectors, as well as with the institutions of the civil society to attain the purposes of this Act. This includes the participation of the Municipal Governments as a basic component in the identification of the special communities and their needs, in the drafting of strategic plans for community development and in the collaboration for the implementation of these plans.
The Office of the General Coordinator for Socio-Economic Financing and Self-Management is hereby created, hereinafter the Office, which shall be attached to the Office of the Governor of the Commonwealth of Puerto Rico, and excluded from the application of the Public Service Personnel Act, and shall be directed by a Coordinator, who shall be responsible for complying with the duties and functions imposed on him/her by this Act. The Coordinator shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate, and shall exercise his/her functions through a relationship based on trust with the nominating authority. He/She shall be a well-reputed person of recognized moral integrity and having vast experience in the development of community work and attention to
disadvantaged sectors. Said Coordinator shall have the necessary and pertinent powers to ensure that the functions and objectives provided in this Act are complied with.
The Office shall have the responsibility to implement the public policy set forth in this Act. To attain it, the Office shall coordinate the government efforts for the social and economic development of the special communities and to obtain the following objectives: a. socio-economic strengthening of families; b. organizational strengthening of the communities; c. physical and environmental rehabilitation of the communities d. foster the citizen's initiatives that are compatible with the public policy pursued in this Act; e. coordination and participation of the Municipal Governments as a fundamental component in the identification of special communities and their needs, in the drafting of strategic plans for community development and in the collaboration geared to the implementation of these plans; and f. adopt, in coordination with the Special Communities Council, the norms and regulations needed for its operation.
The Coordinator shall have the following duties and functions:
a. socio-economic level; b. basic infrastructure conditions; c. environmental conditions; and d. the condition of the dwellings and other development aspects. 2. To periodically update the inventory of the special communities designated for the purposes of this Act. 3. To watch over the implementation and periodic review of the effectiveness of one or more special communities development models based on the following: a. The principle of community self-management and control that makes the resident the central axis of the planning and renovation and development action. b. The alliance between communities, the public sector and the entrepreneurial sector to assume the different responsibilities to expedite the socio-economic development. c. The integral focus on the problem of poverty that rests on the conviction that it must be attacked from all fronts. d. The duty to become a liaison between the government agencies, public corporations, Municipal Governments, the private sector and organizations of the civil society, and the special communities. e. Promote that all assistance available in the government agencies, local as well as federal, public corporations and Municipalities that can be destined to the development of projects and activities in special communities, in such a
way that the initiation and conclusion dates of the projects can be established with reasonable certainty. f. Supervise the execution of the selected projects so that they are carried out pursuant to what is agreed upon, to wit, within the time and terms prescribed. g. Conduct directly, or through the initiative of another government or private entity, educational workshops and awareness campaigns on the scope and opportunities provided by this Act. h. Perform all those acts required by the Governor of the Commonwealth of Puerto Rico, or that are inherent to the performance of the task imposed by this Act, including coordination with the Advisory Council for the Development of Special Communities, established by this Act. 4. Submit, on or before February 28 of each year, an annual written report to the Legislature of Puerto Rico on the administration and implementation process of this Act, the resources used, goals attained, plans drafted, and areas to be reviewed.
The Puerto Rico Special Communities Socio-Economic Development Fund is hereby created. The Fund shall be nourished from appropriations made by the Government of the Commonwealth of Puerto Rico, from other public funds, including, among others, for capital improvements, other Federal and Commonwealth funds that are appropriated or granted, and contributions made to it by individuals and entities of the private sector. The
Special Communities Council shall administer this Fund. The money deposited into the Fund shall be used for the following purposes, among others: a. Community initiative projects that propitiate community development, such as: infrastructure, construction and housing rehabilitation projects, construction, rehabilitation and maintenance of community centers and community services, recreational areas, other community facilities, reforestation and environmental protection projects, and other similar projects. b. Support projects for the creation and strengthening of the special communities, community organizations, through the rendering of technical advice and assistance, take steps to professionalize the work teams, and the purchase of equipment, among other similar matters. c. Promote activities to finance economic and self-management development, loans, guarantees, investments, financial aid, training and technical support to guarantee the success of these endeavors.
Section 7.- Appropriation of Funds for the Establishment and Organization of the Office of the General Coordinator for SocioEconomic Financing and Self-management and for the Special Communities Socio-Economic Development Fund.
The sum of up to one (1) million dollars is hereby appropriated, chargeable to any funds under the custody of the Office of the Management and Budget, for the creation and initial operation of the Office and for the creation of an organizational network that ensures prompt access and effective communication between the special communities, the Office and government agencies, public corporations and municipalities. As of the
2001-2002 fiscal year, the Director of the Office of the Management and Budget shall consign the funds needed for the operation of this Office in the annual budget of the Government of Puerto Rico. The funds that shall nourish the Special Communities Socio-Economic Development Fund created by this Act, shall be deposited and made available effective on July 1, 2001.
A Special Communities Development Council is hereby created, hereinafter denominated as the Council, which shall be chaired by the governor and constituted by the Coordinator of the Office, the Municipal Affairs Commissioner, the Secretary of the Department of Housing, the Secretary of the Department of the Family, the Puerto Rico Police Superintendent, and the Secretary of Labor and Human Resources, a mayor who is a member of the Puerto Rico Mayor's Association, and another mayor who is a member of the Puerto Rico Mayor's Federation, a municipal legislator for each of the different political parties that have competed in the last municipal elections and four representatives of the public interest, who shall be residents of special communities, two of which shall not be residents of the Metropolitan Area. The mayors, municipal legislators and representatives of the public interest shall be designated by the Governor for a term of four (4) years. The Governor shall appoint the representatives of the mayors from a list submitted to his/her consideration by the Puerto Rico Mayor's Association and the Puerto Rico Mayor's Federation, respectively. In the case of the representatives of the municipal legislators, the appointments shall be made from lists chosen in a meeting of municipal legislators elected by each party convened exclusively for such purposes. The public officials that shall constitute the Council may delegate their
participation on a subordinate duly authorized to make decisions in their behalf. The Council shall meet at least twice (2) a month and a simple majority of its members shall constitute quorum for their deliberations and determinations. The municipal legislators and the representatives of the public interest who are not public officials, shall receive a remuneration of fifty (50) dollars for each meeting they attend.
In the case of mayors, municipal legislators and representatives of the public interest, none of which may serve on the Council for more than two (2) consecutive terms, being it understood that although some of them began to hold office after the term has been initiated, be it for the resignation, dismissal or death of his/her predecessor, it shall be deemed that he/she has served the full term.
The Council shall be chaired by the Governor and administered by the Coordinator of the Office who shall have the responsibility of directing the works and ensuring the adequate performance of the duties and responsibilities assigned to it.
The Council shall establish through regulations, the norms that are needed for the functioning and operation of the Office of the Coordinator, as well as for the assessment of proposals and appropriations of funds to promote the best use of the Puerto Rico Special Communities SocioEconomic Developemnt Fund. The Council shall also establish the parameters and criteria for the designation of the sectors that shall become a part of the special communities initiatives.
In the process of determining what constitutes a special community, the Council shall take into consideration, as a priority, the existence of the following situations, among other factors, such as those regarding low socioeconomic levels, deficient infrastructure conditions, unhealthy
environmental conditions and deficient housing status, whether individual and particularly those combined, as follows:
a) High percentage of illiteracy and school dropouts. b) High percentage of persons under poverty level. c) High rate of unemployment. d) Family units which have a single head of family as a provider. e) Long history of environmental problems and deficient availability of basic services
The Council shall establish a six year plan to attend to the claims and needs of these special communities. It shall have specific goals, completion deadlines, as well as indicators to measure the results.
The Council and the Office shall adopt the regulations needed for the effective implementation of its duties and responsibilities; pursuant to this Act.
This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 1 (H.B. 415) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create the "Puerto Rico Special Communities Integral Development Act", in order to establish the public policy of the Commonwealth of Puerto Rico regarding the integral development of the special communities of the Island; establish the guidelines to be taken into account to identify special communities; to create the Office of the General Coordinator for SocioEconomic Financing and Self-Management, the Office of the General Coordinator, the Special Communities Socio-Economic Development Fund and the Special Communities Council; etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $7^{ ext {th }}$ of March of 2003.
Elba Rosa Rodríguez-Fuentes Director