P.R. Laws tit. 12, § 8001a
(a) In order to carry out the policy established under § 8001 of this title, it shall be the ongoing responsibility of the Commonwealth to use all practical means, tempered with other essential public policy considerations, to improve and coordinate the plans, functions, programs, and resources of the Commonwealth so that Puerto Rico may be able to:
(1) Fulfill the responsibilities of each generation as the custodian of the environment for the benefit of subsequent generations, as provided in the Constitution of Puerto Rico;
(2) secure safe, healthy, productive, and aesthetically and culturally pleasing landscapes for all Puerto Ricans;
(3) procure the fullest enjoyment of the beneficial uses of an environment free from degradation, health or safety risks or other undesirable consequences;
(4) preserve major historical, architectural, archeological, cultural and natural aspects of our patrimony and maintain, whenever possible, an environment that affords diversity and variety for individual selection for present and future generations alike;
(5) strike a balance between population and use of resources so as to allow for high standards of living and wide participation in life’s amenities, and
(6) improve the quality of renewable resources and see to the wise use of those resources liable to become depleted.
(b) All departments, agencies, municipalities, public corporations, and instrumentalities of the Government of Puerto Rico and its political subdivisions shall, to the broadest extent possible, interpret, apply, and administer all current laws and regulatory bodies, as well as those instituted in the future in strict conformance with the public policy set forth in § 8001 of this title. Likewise, the departments, agencies, municipalities, public corporations and instrumentalities of the Government of Puerto Rico and its political subdivisions are hereby directed to observe the following norms in implementing the public policy stated in this chapter:
(1) To use a systematic interdisciplinary approach to assure the integrated employment of natural and social sciences and the art of natural landscaping when making plans and decisions that might have an impact in the human environment.
(2) To identify and develop methods and procedures, in consultation and coordination with the Environmental Quality Board established in this chapter, in order to assure not only the consideration of economic and technical factors, but likewise, established value and amenity factors, even if these have not been economically assessed and evaluated.
(3) To enclose with all recommendations or reports on proposed legislation, and to issue, before taking any government action or promulgating any government decision which significantly affects environmental quality, a written and detailed statement on:
(A) The environmental impact of the legislation thus proposed, the action to be taken or the decision to be promulgated;
(B) any adverse effects on the environment that cannot be prevented if such proposed legislation is approved and applied, if such government action is taken or if such government decision is promulgated;
(C) alternatives for such proposed legislation, government action or government decision;
(D) the relation between the short-term local uses of the environment and the long-term conservation and improvement of productivity, and
(E) any irrevocable or irreparable compromise of the natural resources that would be involved in the legislation proposed, if the same were to be implemented; in the government action, if it were to be taken; or in the government decision, if it were to be promulgated.
This provision shall not apply to findings or decisions issued by the courts and the Governing Board of the Environmental Quality Board, in adjudicative cases. Neither shall the same apply to rule-making proceedings conducted by the Governing Board of the Environmental Quality Board by virtue of the powers and responsibilities conferred thereto by this or other acts.
Before the proponent agency makes the final decision on the proposed action, it shall comply with the environmental planning process and issue an environmental impact statement, whereby such body finds that the action in question shall either have a significant impact or have no such impact, the official responsible therefor shall consult with and obtain from any other government body with jurisdiction or participative interest its opinion concerning the legislation proposed, the government action to be taken or the government decision to be promulgated.
A copy of such environmental document shall be remitted to the Environmental Compliance Evaluation Division of the Permit Management Office. Such Division shall be the one in charge of obtaining recommendations from the units and issuing its recommendations to the Executive Director of the Permit Management Office. Furthermore, these shall be made available to the public and shall be enclosed with the proposed legislation, action or decision, in order for government bodies to conduct the corresponding inspection and study.
The official responsible for issuing the environmental impact statement shall submit a copy thereof in electronic media, in the format to be established by the Environmental Quality Board. The Permit Management Office and the Environmental Quality Board shall publish in electronic media such environmental impact statement on readily accessible media, free of charge, such as the Internet. The electronic publication of the environmental impact statement and its availability to the public shall coincide with the date on which such document shall be available to the public in hard copy.
(4) To study, develop, and describe the alternatives proper to the courses of action recommended in any proposal involving unresolved conflicts relative to alternate uses of available resources.
(5) To apply the precautionary principle, in the awareness that whenever and wherever there are threats of inflicting severe or irreversible harm, lack of full scientific certainty shall not constitute grounds for postponing cost-effective measures in order to prevent environmental degradation. Such application shall be predicated on the following premises:
(A) Natural and juridical persons are under the obligation to take action in advance to prevent harm or hazards;
(B) the burden of proof concerning the absence of hazards that might be posed by a new technology, process, activity or chemical substance, shall fall on its proponent, not on the citizenry;
(C) prior to using a new technology, process or chemical substance or before engaging in a new activity, persons are under the obligation to evaluate a wide array of alternatives, including the non-action alternative, and
(D) decisions whereupon this principle is applied shall be made public, informed, and democratic, and include the parties affected thereby.
(6) To recognize the far-reaching, world-embracing nature of environmental issues, and whenever in harmony with the foreign policy of the United States, lend proper support to initiatives, resolutions, and programs designed to maximize international cooperation in forestalling and preventing deterioration in the world’s environment wherein humankind thrives.
(7) Furnish useful advice and information to municipalities, institutions, and individuals concerning environmental quality restoration, conservation, and improvement.
(8) Initiate and use ecological information in resource-oriented project plans and developments.
(9) Assist the Environmental Quality Board, established under §§ 8002–8002p of this title, in all projects or efforts directed to achieving the objectives of this chapter, including, but not limited to being specially attentive and meeting all requirements in terms of compiling and periodically providing the Environmental Quality Board with authoritative information and data that enables the latter to assess and report on the status of the environment and natural resources.
(c) The Permit Management Office shall act as the proponent [lead] agency and as the body with competence over or acknowledged expertise in relation to any action which requires compliance with the provisions of this section. Any recommendation required from a government body in relation to the environmental document shall be issued by the permit managers of the Management Office and by the Director of the Environmental Compliance Division, except for recommendations required from the municipalities, the Environmental Quality Board, and the Planning Board, as the case may be, pursuant to the applicable legal and regulatory provisions. For the purposes of this section, the Environmental Quality Board shall establish through regulations, the procedure that shall govern the preparation, evaluation, and processing of environmental documents. The above described regulations shall be drafted, approved, and adopted by the Environmental Quality Board upon considering the comments from the Planning Board. The determination of environmental compliance shall be deemed to be a reviewable decision that is final and independent from the final determination of the requested permit. In such cases in which the environmental compliance assessment requested from the Permit Management Office is not related to the permits issued by the same pursuant to the provisions thereof or any other action under the law, the assessment by the Permit Management Office on this particular matter shall not be deemed to be final in nature and the same shall be a component of the final determination of the department, agency, municipality, public corporation, or instrumentality of the Government of Puerto Rico or political subdivision, as the case may be, on the proposed action, and reviewable together with such final determination.
The Environmental Quality Board and the Permit Management Office shall act as cooperating agencies as provided in Section 6002 of the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU), (Pub. L. 109-59) (2005) (23 U.S.C. sec. 139), as amended, for any roadway, bridge, highway project, or other “traffic and transportation facilities”, as defined in § 2003 of Title 9, in which the Department of Transportation and Public Works, or any instrumentalities or entities thereof are, in conjunction with the U.S. Department of Transportation or any instrumentalities or entities thereof, co-lead agencies in the preparation of an Environmental Impact Statement or other environmental document under the “National Environmental Policy Act of 1969” (NEPA), (Pub. L. 91-190), (42 U.S.C. secs. 4321-4370f), as amended, and Section 6002 of the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU), (Pub. L. 109-59) (2005) (23 U.S.C sec. 139), as amended. Any other agency, municipality, or instrumentality of the Commonwealth of Puerto Rico with interest in or jurisdiction over the proposed project, including agencies designated as concerned government entities under §§ 9011 et seq. of Title 23, shall participate in the environmental review process as participating or cooperating agencies and provide their comments and recommendations in writing in accordance with subsection (d) of Section 6002 of SAFETEA-LU.
In the event that the Environmental Quality Board is the only agency with jurisdiction over the proposed action, there shall be no need to obtain a determination from the Environmental Compliance Evaluation Division of the Permit Management Office for the purposes of this section.
In the event that the Department of Transportation and Public Works or any instrumentalities or entities thereof are, in conjunction with the U.S. Department of Transportation or any instrumentalities or entities thereof, co-lead agencies in the preparation of an Environmental Impact Statement or other environmental document under Section 102(C) of the “National Environmental Policy Act of 1969” (NEPA), (Pub. L. 91-190), (42 U.S.C. secs. 4321-4370h, 4332 (C)), as amended, and Section 6002 of the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users”, as amended, (SAFETEA-LU), (Pub. L. 109-59) (2005) (23 U.S.C sec. 139), as amended, for any roadway, bridge, highway project, or other “traffic and transportation facilities”, as defined in § 2003 of Title 9, it shall not be necessary to obtain a determination of the Environmental Compliance Evaluation Division of the Permit Management Office for purposes of this section. In these cases, once a decision made by the agency, according to the Record of Decision or ROD, is notified in the Federal Register, the environmental impact statement or other environmental document approved in accordance with Section 102(C) of the “National Environmental Policy Act of 1969” (NEPA), (Pub. L. 91-190), (42 U.S.C. Sec. 4332 (C)) shall be deemed to be sufficient for purposes of Section 4 of Title I of Act No. 416-2004, as amended. The Director of the PMO shall certify compliance or notify noncompliance with the Environmental Public Policy Act, §§ 8001 et seq. of this title, within a jurisdictional term of fifteen (15) days upon notification on the Record of Decision.
The determination of the Permit Management Office may only be reviewed by the Court of First Instance within a jurisdictional term of fifteen (15) days, under de novo review. The determinations of the agency may only be revoked in those cases where the plaintiff shows a mistake of law, fraud, or gross abuse of discretion. In this case the Court of First Instance shall order the initiation of the environmental review process pursuant to §§ 8001 et seq. of this title, to make a final determination of compliance. Nothing shall prevent the analyses, works, research, and all other information generated in the process initiated in accordance with the NEPA from being used in the local process. In this case, environmental documents shall be drafted in English and in Spanish and simultaneous interpretation be provided during the hearings to facilitate the participation of local public.
(d) All departments, agencies, municipalities or public corporations or instrumentalities of the Commonwealth of Puerto Rico and its political subdivisions shall have the ongoing responsibility of revising their statutory authority, their administrative regulations, and their policies and procedures, in order to determine whether there are any shortcomings or inconsistencies therein which might impede full compliance with the purposes and provisions of this chapter, and propose to the Governor, after having complied with the requirements set forth in subsection (b) of this section and having notified the Governing Board of the Environmental Quality Board, those measures which are necessary in order to temper their authority and their policies with the intent, purposes, and procedures established in this chapter.
History —Sept. 22, 2004, No. 416, § 4; Dec. 1, 2009, No. 161, § 19.9; Dec. 8, 2015, No. 212, § 1.