P.R. Laws tit. 12, § 8002c
(a) The Environmental Quality Board, under the authority conferred onto its Executive Director, shall have the following duties, powers, and functions:
(1) Issuing administrative orders to require remuneration for the Environmental Quality Board or to bring any civil or administrative action against any person with the purpose of covering any expenditure incurred by the Environmental Quality Board or any other instrumentality of the Government of the Commonwealth of Puerto Rico for the removal, correction or termination of any adverse effect on the quality of the environment as a result of unauthorized pollutants being discharged, whether accidentally or not. Such orders shall apprise persons to whom these are addressed of their right to pay the amount of money claimed or to request the holding of an adjudicative hearing under the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, and the regulations approved thereunder by the Board.
(2) Charging and collecting from owners or operators of atmospheric emission sources under the Air Operation Permit Program, to be established by regulation, the annual fees to be charged when applying for permits or at any time as determined by the Environmental Quality Board, to cover the direct and indirect costs necessary for the development, oversight, and administration of the Program, including the sustenance of the Small Business Technical Assistance and Environmental Compliance Program developed by the Environmental Quality Board as required under Section 507 of Title V of the Clean Air Act, as amended. If the Board should not determine otherwise, such fees shall be raised each year, by using the Consumer Price Index (base year 1989) published by the U. S. Department of Labor pursuant to the procedures established by the U. S. Clean Air Act, as amended. The moneys thus received by the Environmental Quality Board shall be deposited into a special account denominated the Special Account Set For The Air Operation Permit Program, to be constituted as an account independent and separate from any other account, fund or resources of the Environmental Quality Board and the Commonwealth of Puerto Rico. Such funds may only be used for the Air Quality Program.
(3) Requiring notice before commencing any construction, installation or establishment of sources which are potentially detrimental to the environment and the natural resources, as per the indications in the regulations issued under the provisions of this chapter, and requiring within thirty days from having received such notice and as a condition prior to construction, the presentation of plans, specifications or any other information as it may deem necessary in order to determine whether the proposed construction, installation or establishment conforms to the provisions of this chapter and the regulations thereunder. If it should so deem pertinent, the Environmental Quality Board may require that an environmental impact statement be prepared and issued pursuant to the provisions of subsection (b)(3) of § 8001a of this title, or require that studies or research be conducted as may, in its judgment, be necessary, and that the corresponding reports and any other documents be presented.
(4) Conducting research, studies, inspections, and analyses to verify compliance with the provisions of this chapter and the regulations approved thereunder by the Governing Board of the Environmental Quality Board. These actions may be carried out by employees and programs of the Environmental Quality Board itself, or by any consultants and contractors of said public instrumentality, pursuant to the terms in their contracts, or by other employees or programs of any agencies, departments, municipalities, corporations or public instrumentalities, pursuant to the current interagency agreements between them and the Board on this matter.
(5) Instituting and processing to their final resolution, any administrative or judicial actions against any natural or juridical person, whether public or private, for which such Board shall be represented by the attorneys of the Department of Justice, its own attorneys or such other attorneys it may contract for such purposes, in order to enforce the provisions of this chapter and the regulations approved thereunder by the Board.
(6) Establishing a program to conduct investigations against any natural or juridical person who violates the provisions of this chapter and referring such cases, if deemed pertinent, to the Department of Justice. The Board may employ to such ends part of the funds covered into the Special Account Set For The Environmental Quality Board on account of criminal sanctions imposed by the courts under the provisions of this chapter, with the purpose of supplementing or complementing the efforts and resources of the Department of Justice.
(7) Ordering persons causing or contributing to a condition which harms the environment and natural resources or which poses an imminent danger for the public health and safety, to immediately diminish or discontinue their actions. Such orders shall apprise the person so ordered of his/her right to request that an adjudicative hearing be held pursuant to the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, and the regulations approved thereunder by the Board.
(8) Issuing orders to do or forbear or to cease and desist so as to take the preventive or control measures that, in its judgment, are necessary to achieve the purposes of this chapter and the regulations promulgated thereunder. The natural or juridical person against whom such order is issued may request an administrative hearing to state the reasons for having such order modified or revoked and the reasons for which such order should not be put into effect. The final resolution or decision of the Governing Board of the Environmental Quality Board may be reconsidered and reviewed in the manner provided for in the Puerto Rico Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3. The effects of such resolution or decision of the Board shall not be stayed, unless so ordered by the Circuit Court of Appeals of Puerto Rico or by the Governing Board itself, pursuant to the procedure prescribed in § 8002f of this title and to the provisions of the Puerto Rico Uniform Administrative Procedures Act.
(9) Issuing provisional orders, with previous notice to the Planning Board and the Permit Management Office, to prohibit the construction of facilities whose plans and specifications show to be in violation of the provisions of this chapter or its regulations.
(10) The Environmental Quality Board, represented by its members, consultants, contractors, agents or employees, may enter and examine the establishment, equipment, facilities and documents of any person, entity, firm, or government agency or instrumentality under its jurisdiction with the purpose of investigating and/or inspecting environmental conditions.
If the owners, holders or their representatives, or official or office refuse to allow such entry and/or examination, the representative of the Board shall tender a sworn statement before any judge of first instance witnessing the intention of the Board and requesting permission to enter such land, body of water or property.
The judge shall issue an order to authorize any Board representative to enter the lands, bodies of water or property described in the sworn statement and to direct that the original documents be field with the Clerk of the Court, which documents shall be deemed to be public.
The Board representative shall show a copy of the sworn statement and the order to the persons, if any, in front of the property.
(11) Instituting, represented by the Secretary of Justice, the attorneys of the Board, or a private attorney contracted for that purpose, civil actions for damages in any court of Puerto Rico or the United States of America to recover the total value of the damages inflicted on the environment and/or the natural resources by the commission of any violation of the provisions of this chapter or its regulations. The sum of the sentence collected on such grounds shall be deposited into the special account set for the Environmental Quality Board.
(12) Resorting to the courts of Puerto Rico or the United States of America, represented by the Secretary of Justice, the attorneys of the Board or a private attorney contracted for such purpose, in order to request the enforcement of any resolution or decision issued by the Governing Board of the Environmental Quality Board or any order issued by the Environmental Quality Board requiring immediate action to respond to an environmental emergency, and any remedy requested by the Board, through any civil action.
(13) Integration of administrative functions.— The Executive Director of the Environmental Quality Board is hereby empowered to conduct its procurement processes independently through its Procurement Division. Therefore, it is excluded from the provisions of §§ 931 et seq. of Title 3, known as the “General Services Administration Act”. The Board shall establish its own procurement and ancillary services system and adopt regulations as necessary to govern this function within sound administration and economy principles. To such ends, the Board shall coordinate with and draw on the expertise of the Internal Audit Office and the current Procurement Division of the agency. Furthermore, the regulations to be adopted shall provide for a streamlined and efficient procurement system. Such regulations must be approved within sixty (60) days after the effective date of this act; Provided, That until such regulations are approved, the Board and its administrative and operational components shall continue to operate under the laws and regulations in effect.
(b) Under the authority conferred to its Governing Board, pursuant to the requirements, guidelines, rules and instructions thereof and the provisions of subsection (b) of § 8002b of this title, the Environmental Quality Board shall have the following duties, powers, and additional functions:
(1) Environmental planning and development of public policy.—
(A) To develop and recommend to the Governor that public policy which encourages and promotes the betterment of environmental quality in order to meet the conservation, social, economic, health, and other requirements and goals of the Commonwealth.
(B) To review and assess the various programs and activities of the Government in light of the policy established under Subchapter I of this chapter, with the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the Governor on such matter.
(C) To establish an administrative mechanism whereby the Environmental Quality Board coordinates with the Department of Health, the Solid Waste Authority, the Department of Natural and Environmental Resources, the Commonwealth Emergency Management Agency, and all other agencies concerned, for the implementation of the provisions of this chapter and its regulations and in order to resolve any conflicts as to jurisdiction or competence resulting from the transfer of authorities and powers to the Board by this chapter, as well as any others whose resolution is necessary to achieve the objectives of this chapter and to prevent the duplication of government efforts and improve efficiency in services rendered to citizens and the protection of the environment.
(D) To compile timely and authoritative information on the conditions and trends in the quality of the environment, both current and prospective, to analyze and interpret such information in order to determine whether such conditions and trends are interfering or could possibly interfere with the accomplishment of the policy set forth in Subchapter I of this chapter, and to compile and submit to the Governor such studies relative to such conditions and trends.
(E) To conduct research, studies, inspections and analyses relative to the ecological system and the quality of the environment.
(F) The Board may direct the persons and entities under its jurisdiction to pay expenses and fees for professional and consultatory services incurred on account of research or any other procedure carried out in relation to such persons or entities. The Board shall determine the manner and the time in which such payments are to be made, with the previous approval of the invoices presented by the persons rendering their services, and these amounts paid shall be covered into the special account set for the Board. The Board may charge and direct that any person and/or public or private institution compensate the Board for costs incurred regarding any research, action or tracking or monitoring, issue or remission of permits, and mathematical modeling required by Commonwealth or federal environmental regulations.
(G) The Board may require all persons or entities under its jurisdiction to file before the Board such reports as required for the implementation of the provisions of this chapter.
(H) To document and define changes in the natural environment, including plant and animal systems, and garner the necessary information as well as any other information necessary or convenient for an ongoing analysis of these changes or trends and an interpretation of its root causes.
(I) To take all proper measures to prevent any harm to the environment and the natural resources considered by the Board to constitute irreparable damages or which contravenes the public interest.
(J) To discharge necessary and reasonable functions as to the planning and development of the public policy concerning the problems posed by solid waste in Puerto Rico.
(K) To determine and classify through regulations such natural resources or areas that, in its judgment, warrant special protection, and to establish and fix through regulations promulgated to that effect, the protections, conditions and requirements that guarantee the protection of such natural resources or areas.
(2) Environmental education and public involvement.—
(A) To develop an environmental education and public involvement program to promote the achievement of the objectives of the environmental public policy of Puerto Rico and which inures to the benefit of the citizens at large. The involvement of the Department of Education, universities and academic institutions, and any other pertinent public and private organizations in these efforts shall be promoted.
(3) Regulations and permit system.—
(A) To adopt, promulgate, amend, and repeal regulations to implement the provisions of clauses (2) and (3) of subsection (b) of § 8001a of this title. Such regulations shall include, among others, such provisions to recover from the proposing party, the costs actually incurred in the process of electronically posting the disclosure of environmental impact statements, and to prevent unnecessary delays or conflicts between agencies, in order to determine which agencies shall act as proponents or consultants and which agencies shall act as advisors or commentators on a case-by-case basis. Any conflict or controversy between agencies regarding the application of § 8001a of this title shall be resolved or adjudicated on a case-by-case basis by the Governing Board of the Environmental Quality Board.
(B) To adopt, promulgate, amend, and repeal regulations to establish a mechanism destined for the quality control of the data generated during the sampling and analysis of standards indicative of the existing quality of the environment or generated by a pollutant source that should be subjected to compliance with the norms and requirements of the applicable environmental regulations, including, but not limited to:
(i) Establishing a procedure geared toward the certification and accreditation of such individuals, corporations or public or private institutions that generate data on the quality of the environment in compliance with environmental regulations.
(ii) Keeping a register of individuals, corporations or public or private institutions that generate data on the quality of the environment and the waste generated by pollutant sources, in order to guarantee the reliability of such data so as to expedite the data validation procedure before the consideration of the Board.
(C) To classify through regulations, the sources that in its judgment are adversely affecting the environment and the natural resources, and to require reports on each of these sources.
(D) To determine, through studies and samplings, the degree of purity of waters and the air, and to establish the corresponding norms in coordination with the agencies concerned.
(E) To adopt rules and regulations to establish a permit-awarding and licensing mechanism that regulates the control of the pollution in the air and water and by solid waste and noise. In each case in which the issue or renewal of a permit, certification, license or similar authorization is applied for, the Board shall take into account the history of compliance of the applicant, from five years preceding the date of such application, in order to exercise its administrative discretion to deny, suspend, modify or revoke a permit with the purpose of protecting the environment and conserving the natural resources as the circumstances may require. The Board shall also take into account any other relevant factors and any evidence presented by the applicant or holder of a permit or a similar authorization to support such application, and the importance or relevance that such compliance history shall be accorded.
(4) Solid waste management, transportation and disposal.—
(A) To adopt, promulgate, amend and repeal rules and regulations for solid waste disposal and establish the sites and methods to dispose of such solid waste.
(5) Control of emissions into atmosphere.—
(A) Establish through regulations such requirements as necessary in its judgment to control emissions into the atmosphere and to prevent, diminish or control global warming and damages to the environment and the natural resources.
(6) Noise control.—
(A) To establish environmental quality and purity standards, as deemed convenient, and to adopt rules and regulations as necessary and reasonable for the control, diminution or elimination of noise harmful to the public health and welfare. Provided, That when adopting rules and regulations on noise and the determination of their harmfulness to the public health and welfare, it shall take into account the exercise of constitutional rights, such as: freedom to worship, freedom of expression, freedom of association, and the right to privacy. The best balance of interests as per the cultural traditions, values and patterns of the People of Puerto Rico is thus guaranteed.
(B) The Environmental Quality Board shall have exclusive first-instance jurisdiction to elucidate all matters relative to cases involving noise generated by churches, temples, preaching sites, missions and other places devoted to public worship, excluding any other administrative or judicial forum. Any lawsuit filed with a court of justice in the civil or the criminal venue involving a case of noise generated at the institutions listed above shall be transferred to the Environmental Quality Board for the elucidation and adjudication thereof, without impairment of the use of other recourses established by law.
(C) Elimination of noise propagated within waters.—
(i) The Environmental Quality Board shall comply with the following:
(I) Requiring the elimination of noise propagated within the waters of Puerto Rico which under this paragraph are deemed to be potentially harmful to the public health or the public welfare or to both;
(II) preserving the waters of Puerto Rico for fishing, tourism and recreational and commercial activities, all of which are important for the welfare of the residents of the Commonwealth of Puerto Rico;
(III) eliminating noise pollution determined under this paragraph to be harmful to the health and welfare of the residents of the Commonwealth of Puerto Rico, while striving to preserve fishing, tourism, and recreational and commercial activities that are important for the welfare of the residents of the Commonwealth of Puerto Rico;
(IV) issuing stringent prohibitions on all sources of activity that produce a maximum sound pressure level equal to or greater than 190 dB re 1-Pa in the water, measured at any point within the waters of Puerto Rico, except in “excluded commercial navigation routes”, as these are defined in subparagraph (ii) of this paragraph, pursuant to the terms of this paragraph;
(V) providing the terms for measuring the levels of sound pressure in the waters of Puerto Rico, and
(VI) providing the means to guarantee compliance with and implementation of the provisions of this paragraph.
(ii) For purposes of the provisions of this paragraph, the terms set forth below shall have the following meaning:
(I) Decibel (dB).— A unit used to measure the magnitude of sound, equal to ten times the base-10 logarithm of the ratio between the square of the acoustic pressure divided by the square of the reference pressure, which is 1 -Pa in the water.
(II) Department.— The Department of Justice of the Commonwealth of Puerto Rico.
(III) Emission.— Propagation of noise into the atmosphere or the sea from any source.
(IV) Emission source.— Any object, device or other sources that generate sound waves.
(V) Frequency.— Number of repetitions per time unit of a complete wave, expressed in Hertz (Hz), whereby 1 Hz equals one cycle per second.
(VI) Marine league.— A unit equal to three (3) nautical miles, whereby one nautical mile equals 1,852 meters, or approximately 6,076 feet.
(VII) Noise.— Any sound that disturbs or causes a physical or psychological disorder to human beings and marine wildlife.
(VIII) Noise pollution.— Any sound emission that propagates at a maximum sound pressure level equal to or greater than 190 dB re 1 -Pa in the water, at any point within such waters of Puerto Rico.
(IX) Noise prohibition pursuant to this paragraph.— The prohibition established in subparagraphs (i) and (iii) of this paragraph, and any prohibition or requirement set forth by any other statute, including, but not limited to, the United States Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), inasmuch as a violation of subparagraphs (i) and (iii) of this paragraph also constitutes a violation of such prohibition or requirement in another statute.
(X) Person.— Any natural or juridical person or group of persons, whether private or public, including, but not limited to, any department, instrumentality or public corporation of the Commonwealth of Puerto Rico and its municipalities, and any department, agency or public corporation of the government of the United States.
(XI) Sound.— An oscillatory phenomenon whereby matter is made to vibrate so that its pressure and all other characteristics are altered. The description of this phenomenon includes features such as period, amplitude, frequency, maximum pressure level, and particle speed.
(XII) Sound deflecting material, instrument or method.— Any object or process, other than environmental air or the natural environment, which might interfere with or alter or mitigate the sound pressure level generated by an emission source.
(XIII) Maximum sound pressure level.— The maximum sound pressure level equals 10 Log (P peak) 2 /(P ref) 2.
(XIV) Sound generation site.— Facility, place, site or grounds where an acoustic wave is originated. The sound generation site comprises all individual sources of sound, such as the fixed, mobile or portable kind, located within the bounds of such property.
(XV) Waters of Puerto Rico.— All navigable bodies of water and the land lying thereunder within and around the Island of Puerto Rico and adjacent islands, as well as the waters that have been placed under the control of the Commonwealth of Puerto Rico that extend from the coast of the islands of Puerto Rico and adjacent islands to the seaward as per past or present modifications, be it due to accumulation, erosion or water drawback, up to a distance of three marine leagues.
(XVI) Excluded commercial navigation routes.— Any portion of the waters of Puerto Rico, when such portion is used by a container ship, a tanker, or other commercial cargo vessel, or a tourist ship, or a ship of the Navy of the United States of America, or any other vessel in transit through the waters of Puerto Rico, with the sole purpose of faring such waters of Puerto Rico, and not for any other additional purpose or purposes, such as engaging in war games, weapon testing or seismic explorations and research, which result in the emission of sound, whether by air or by water, that at one point, for any duration and in any frequency or frequency scale, becomes propagated to the waters of Puerto Rico at a maximum sound pressure level equal to or greater than 190 dB re 1 -Pa, measured at any point within such waters of Puerto Rico.
(iii) No person shall cause or allow the emission of a sound into the air or the water which, at any point, for any duration and in any frequency or frequency scale becomes propagated to the waters of Puerto Rico, if other than by virtue of the “excluded commercial navigation routes”, as defined in subparagraph (ii) of this paragraph, at a maximum sound pressure level equal to or over 190 dB re 1 -Pa, as measured at any point within such waters of Puerto Rico.
(iv) The Department is hereby authorized to institute judicial proceedings in any court of the Commonwealth of Puerto Rico or in any federal court to seek remedy against a person who violates or is about to violate the noise prohibition established pursuant to this paragraph. The Department is not bound to await any action by the Board before instituting any judicial proceeding against any person.
(v) Upon showing that it is likely for any person to violate the noise prohibition under this paragraph, the court shall order an preliminary injunction to prohibit any violation of such noise prohibition.
(vi) Upon proving that any person has violated or will violate the noise prohibition under this paragraph, the court shall order a permanent injunction to prohibit any violation of any noise prohibition under this paragraph.
(vii) Any person may apply for an exemption from the prohibition under this paragraph to the Board. The Environmental Quality Board may grant an exemption only if it should determine that, at the time of presenting an application, such applicant: (I) is complying with the provisions of this chapter and continues to comply therewith while the exemption application procedure is pending; and (II) the applicant has shown through valid, convincing and clear scientific evidence that the exemption on the prohibition shall not cause any harm whatsoever to human or animal life. The determination of the Board concerning exemption applications shall be made after holding an evidentiary hearing of the whole that provides the applicant and any other parties interested with the opportunity to present proof. No exemption shall be granted to any person who violates the noise prohibition under this paragraph while applying for such exemption to the Board.
(viii) When applying to the Board for an exemption on the provisions of this paragraph, the Board shall personally notify the Secretary of Natural and Environmental Resources, the Secretary of Justice, the mayors and the municipal legislatures of the municipality where the sound generation sites or the emission sources are located and where any of the effects caused by such sources are present. A notice shall be published in two newspapers of general circulation in the Island for a period of three days. All these officers, as well as any parties interested who so request, shall be entitled to participate in the evidentiary hearings as parties to the process.
(ix) Any person entitled to apply for an exemption to the Board may also apply to the Board for a emergency suspension of the prohibition that this paragraph imposes during the exemption application procedures. The Board shall resolve said application within thirty (30) days. The applicant and all persons interested shall be entitled to appear and to present evidence and arguments. The Board may grant an emergency suspension only if the applicant:
(I) Shows by valid, clear and convincing scientific evidence that the suspension of the prohibition shall not inflict any harm on human or animal life during the entire exemption application procedure, and
(II) establishes that the applicant shall be caused irreparable damage if the prohibition is kept in effect while the exemption application procedure is pending.
(x) In the event that the Board receives an application for exemption or emergency suspension before the Board promulgates regulations to implement the provisions of this paragraph, the Board shall hear and decide the application pursuant to the standards set forth in this paragraph, as reasonably interpreted by the Board.
(xi) Authorized Board representatives may request a court order authorizing them to enter and investigate any sound generating site or emission source under the jurisdiction of the Board with the purpose of:
(I) Investigating and verifying compliance with the provisions of this paragraph;
(II) taking any measurements of the maximum sound pressure level as the Board may deem necessary to enforce compliance with this paragraph, or
(III) having access to the title deeds or documents relative to any issue under investigation.
(xii) The Board shall be entitled to require that the owner, custodian or operator, or any other party with control over any sound generating site or sound emission source that propagates sound within the waters of Puerto Rico, establish and keep any records and prepare any reports as the Board may demand in the reasonable discharge of its responsibility of enforcing this paragraph.
(xiii) The Board may require that the owner, custodian, operator or any other party with control over a sound generating site or sound emission source measure the maximum pressure level of the sound being propagated by the sound generating site or the sound emission sources toward the navigable waters within and around the island of Puerto Rico and adjacent islands.
(xiv) Any measurement under the provisions of this paragraph shall be taken:
(I) Directly under and in front of the sound emission source, but in no case shall the maximum sound pressure level be measured at a distance greater than six (6) meters in front of the source, and in no case shall the maximum sound pressure level be measured at any distance beside or behind such source.
(II) By a single hydrophone (reference 1 -Pa) on the water surface or just below the sea surface, but in no case shall the measurement be taken at a depth greater than one meter below the sea surface.
(xv) This chapter strictly prohibits the use or presence of any sound deflecting material, instrument or method in or around the sound generating site or emission sources or between the sound generating site or the emission source and the gauging instrument, that is not present at the time the sound pressure level is measured in each instance in which any sound is generated at such site or source.
(xvi) The Board may require that any sound generating site or any sound emission source install, operate and maintain accurately calibrated monitoring equipment in proper working order, and prepare and remit to the Board periodical reports on the maximum sound pressure level measurements taken and on such equipment accuracy tests as the Board may determine to be appropriate and satisfactory.
(xvii) No permit whatsoever shall be required under this paragraph for sound emissions not in violation of the noise prohibition established thereunder.
(xviii) The Board is hereby authorized to adopt regulations to implement the provisions of this paragraph pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
(xix) Any final determination of the Board under this paragraph or any rule or regulation issued thereunder may be subject to reconsideration and review pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(xx) By request of the Department, the Board shall provide the Department with any information compiled by the Board pursuant to this paragraph. The Board shall promptly inform the Department if the Board should be apprised of any violation of the noise prohibition under this paragraph or if any person should refuse to allow an inspection or to furnish the information requested by the Board pursuant to this paragraph.
(xxi) The Board may issue an infringement notice or a summons and a cease and desist order insofar as it determines that any person is not complying with some of the requirements of this paragraph or with any regulation adopted by the Board to implement the requirements of this section. The Board shall establish by regulation the procedure to be followed to issue infringement notices, summonses and cease and desist orders.
(xxii) The Board is hereby authorized to impose monetary sanctions against any person who does not obey any cease and desist order issued by the Board under this paragraph. For the first offense, the board may impose a sanction in the amount of two hundred fifty thousand dollars ($250,000) up to twenty-five million dollars ($25,000,000). For the second or subsequent offenses, the Board shall be authorized to impose a sanction in the amount of two hundred fifty thousand dollars ($250,000) up to fifty million dollars ($50,000,000). The Board shall establish by regulation the procedure to be followed when imposing such sanctions.
(xxiii) The Board may institute a judicial proceeding in any court of the Commonwealth of Puerto Rico or any federal court to:
(I) Obtain a court order to compel any person to comply with any of the requirements of this section or any of the regulations adopted by the Board pursuant to this section, and
(II) collect any monetary sanction imposed by the Board pursuant to this subsection.
(xxiv) If the owners, custodians or operators, or any other parties with control over any sound generating site or any sound emission source, or their representatives or officers in charge should refuse to allow the inspection or to furnish the information requested by the Board under this paragraph, the Department and the Board shall be entitled to presume that such sound generating site or sound emission source violates the noise prohibition under this paragraph in any court proceeding instituted by the Department. Such presumption shall be rebuttable only with clear and convincing evidence as to the fact that the sound generating site or sound emission source does not generate noise in violation of the noise prohibition under this paragraph.
(D) Noise Awareness Day.—
(i) It is hereby provided that the last Wednesday of the month of April of each year shall be observed throughout the Commonwealth of Puerto Rico as the “Noise Awareness Day in the Commonwealth of Puerto Rico”.
(ii) The Governor of the Commonwealth of Puerto Rico shall enforce compliance with the purposes of the day thus observed. Likewise, through a proclamation to that effect, he/she shall urge all Puerto Rican people to conduct activities on such date that are conducive to the celebration and the education of citizens about the purpose and importance of the works carried out on such date.
[(iii)] [The State Department of the Commonwealth of Puerto Rico shall be responsible to coordinate the organization and celebration of the official activities related with the celebration of the “Noise Awareness Day in the Commonwealth of Puerto Rico”.]
(7) Controlling pollutant discharges into bodies of water.—
(A) To adopt regulations, issue permits and pronounce orders restricting the contents of any waste material(s) or pollutant(s) discharged or intended for discharge into the waters of Puerto Rico and to establish and implement regulations for the pre-treatment of sewage waters and for the control of dispersed pollution sources. To that effect, the Board shall be empowered to exercise, among others, such powers and authorities as may be delegated thereto and as may be necessary:
(i) Including, but not limited to, the implementation of the National Pollutant Discharge Elimination System, while observing the provisions of the Federal Clean Water Act, as amended.
(B) To prohibit any discharge of pollutants by any natural or juridical persons, groups organized under a corporate name, public corporations, including municipalities, agencies, instrumentalities of the Government of Puerto Rico and the Government of the United States of America, that do not have the corresponding permit issued by the Board.
(C) The permit system shall include, but not be limited to, the following points:
(i) Establishing limitations and standards for effluents.
(ii) Establishing efficiency standards for new sources.
(iii) Establishing prohibitions and standards for effluents.
(iv) Pre-treatment standards.
(v) Toxic substance standards.
(vi) General procedures and conditions for the issue, review, modification, revocation and suspension of the corresponding permit.
(8) Underground injection control.—
(A) To adopt, promulgate, amend and repeal regulations for a program intended for the control of the underground injection of fluids, including, but not limited to:
(i) Prohibiting any underground injection by any natural or juridical persons, groups organized under a corporate name, public corporations, including municipalities, agencies, instrumentalities of the Government of the Commonwealth of Puerto Rico and the United States of America, that do not have the corresponding permit issued by the Board, except when so authorized by regulation. These permits shall require the previous endorsement of the Department of Natural Resources in those cases thus provided through the Regulation for Subsoil Injection Control.
(ii) Underground injection carried out by federal or Commonwealth agencies or by any person into federal government property or facilities in Puerto Rico.
(iii) Requiring that the applicant for such permit show to the satisfaction of the Board that underground injection shall not jeopardize water sources, regardless of whether injection is authorized by permit or regulation.
(iv) Requirements for the inspection, monitoring, record keeping and reports.
(v) General procedures and conditions for the issue, review, modification, revocation and suspension of the corresponding permit.
(9) Hazardous solid waste management, transportation and disposal.—
(A) To adopt rules and regulations and pronounce orders establishing the appropriate norms for recovery, use, storage, recollection, separation, compacting, and processing, and to establish the adequate management for the final and safe disposal of hazardous waste, including, but not limited to:
(i) Requiring that owners and operators of any hazardous waste treatment, storage, transportation and/or disposal facilities obtain the corresponding permit issued by the Board, pursuant to the purposes of this chapter and the regulations promulgated thereunder.
(ii) Standards for hazardous waste generators and transporters and for owners and operators of facilities wherein hazardous waste is treated, stored, disposed of or managed, so as to protect human health and the environment, including standards for a manifest system to track hazardous waste and claim financial liability.
(iii) General procedures and conditions for the issue, review, modification, revocation and suspension of the corresponding permit.
(B) To adopt rules and regulations to establish a register, permit and licensing mechanism for the installation and operation of plants or systems for solid waste recovery, processing and final disposal. The plans to build these plants or systems shall be submitted to the Board for its approval, without impairing the obligation of applicants to comply with the provisions of all other applicable laws. The Environmental Quality Board may issue orders as it may deem necessary to ensure that the operation of these plants or systems does not inflict any harm upon the environment.
(10) Lead Paint Removal Control and Management Program.—
(A) To adopt, promulgate, amend and repeal regulations as necessary to establish a mechanism conducive to the certification and licensing of individuals involved in lead paint removal, including, but not limited to individuals who:
(i) Inspect and determine the presence of lead in paint.
(ii) Assess the risk that lead paint poses for those inhabiting the structure.
(iii) Plan and prepare designs for lead paint removal projects.
(iv) Carry out or supervise lead paint removal works.
(B) To adopt, promulgate, amend and repeal regulations to establish a mechanism for the accreditation of public or private institutions that intend to train personnel involved in lead paint removal through courses or any other educational activity of a similar nature. These institutions shall also be authorized by the Commonwealth agencies and bodies responsible for the accreditation of academic programs.
(C) To adopt, promulgate, amend and repeal regulations as necessary to issue the permits to be obtained before starting any lead paint removal activity.
(D) To adopt, promulgate, amend and repeal regulations as necessary for the disposal of waste generated by lead paint removal activities.
(11) Property Redevelopment and Voluntary Cleanup Program.—
(A) To establish the Property Redevelopment and Voluntary Cleanup Program with the purpose of promoting and incentivizing the redevelopment and cleanup of abandoned, vacant and/or underused or idled properties that pose or could pose environmental pollution risks, in order to promptly restore them to productive and beneficial use.
(B) The Board may adopt, promulgate, amend and/or repeal rules, regulations, procedures, guidelines, provisions, and standards to effectively administer, promote and implement the Program. The Board shall have the authority and discretion to set and issue the scope, terms, criteria, prohibitions, procedures, limits and/or parameters as reasonable and practical for the eligibility of properties under the Program, the preparation of environmental assessments for properties, the voluntary cleanup standards, environmental liability releases, and any other agreement(s), letter(s), order(s), certificate(s) or special document(s) whose issue it may, in its discretion, deem pertinent, depending on the case or project before its consideration.
(C) The Board shall have the authority to enter into any kind of agreement(s), covenant(s) and/or memorandum(s) of understanding as it may deem pertinent with the United States Environmental Protection Agency with the purpose of obtaining additional authorities, clarifying responsibilities, offering greater incentives and protections, and clarifying any other terms and conditions germane to the Program.
(D) The Board shall have the authority to conduct internally or to outsource for the preparation of studies and evaluations as necessary to determine the viability and progress of the Program and to identify new strategies in order for the Program to keep abreast of national programmatic changes that might occur in the future. The Board may establish and direct a Steering Committee composed, as it may deem pertinent, of representatives from agencies, departments and/or public corporations of the Commonwealth of Puerto Rico, municipalities, the industrial sector, the business sector, and the community, with the purpose of identifying additional incentives, initiatives and needs, creating a potential property inventory for the Program, and implementing any other initiative as it may deem pertinent for the benefit of the Program.
(E) To establish, charge and/or collect such fee(s) as the Board may deem reasonable, to all petitioners who wish to inquire into their eligibility for the Program and/or apply for coverage under the Program, to cover the direct and indirect costs necessary to develop, administer, and oversee such Program. The Board shall have the authority and the discretion to establish how frequently the fee(s) are to be increased and the amount of the increase. The moneys thus received by the Board shall be deposited into an account denominated Special Account Set For The Property Redevelopment and Voluntary Cleanup Program, which is to be constituted as an account independent and separate from any other account, fund or resource of the Environmental Quality Board and the Commonwealth of Puerto Rico. Such funds may be used solely on the Property Redevelopment and Voluntary Cleanup Program.
(F) The creation or establishment of this Program by no means limits or curtails any authorities, powers and duties conferred to the Board under the provisions of this chapter.
(12) Opacity Reader Certification Program.—
(A) To adopt, promulgate, amend and repeal regulations as necessary to establish a mechanism conducive to the certification for individuals who visually determine the opacity of emissions generated by stationary sources, which results are to be submitted or used in compliance with environmental regulations, its norms, requirements and permits issued thereunder, including, but not limited to:
(i) Adopting by regulation, the methods to be used to visually determine the opacity of emissions generated by stationary sources;
(ii) establishing a register for individuals certified to conduct the visual determination of the opacity of emissions generated by stationary sources which are to be used or submitted in compliance with environmental regulations and the permits issued thereunder;
(iii) adopting regulations to accept by reciprocity, individuals certified by other jurisdictions or federal agencies who use methods similar to those used in Puerto Rico, so that they may be certified without the training requirements;
(iv) establishing the minimal requirements necessary to be able to be certified as an opacity reader, including training and tests;
(v) establishing technical requirements for the recognition of opacity reader schools, one of which may be attached to the Environmental Quality Board, which shall be in charge of the technical training necessary to be able to opt for the opacity reader certification, the regulations of which shall conform to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”;
(vi) charging for services rendered in training individuals who aspire to become certified opacity readers and in certifying such individuals;
(vii) using the resources and facilities of the Environmental Quality Board to carry out the purposes of this Program, and
(viii) any provisions to be approved must conform to the “Federal Clean Air Act of 1990” (Public Law No. 101-549 of November 15, 1990. 42 U.S.C. §§ 7401 et seq.).
(13) Air Operation Permit Program under Title V of the Federal Clean Air Act.—
(A) The Board may adopt regulations in order to establish the Air Operation Permit Program under Title V of the Federal Clean Air Act, as amended, hereinafter denominated the “Program”, to require and grant air operation permits to owners or operators of regulated atmospheric pollutant sources which require permits under Title V of the Federal Clean Air Act of 1990, as amended, as well as hazardous atmospheric pollutant sources and solid waste incinerators. Likewise, the Board may issue orders against the owners or operators of affected sources to enforce compliance with such permits. To that effect, the Board shall be empowered to and must:
(i) Require that atmospheric pollutant sources under the Program comply with requirements such as monitoring, record keeping, reporting and other compliant certification requisites.
(ii) Establish effectible requirements as to periodical sampling or testing and incorporate these into permits.
(iii) Include in permits, any applicable Commonwealth or federal provision in addition to the provisions set forth under the Commonwealth Implementation Plan and those of the Federal Implementation Plan, if applicable.
(iv) Include a severability clause in permits.
(v) Include in permits, alternate operating scenarios.
(vi) Allow changes within a source authorized to operate under the Program with no need for said changes to require a permit review, if such changes are not modifications under Title I of the Clean Air Act, are not in contravention of Title V of such federal act and do not exceed the emissions allowed under the permit, and the facility gives written notice to the Administrator of the United States Environmental Protection Agency and the Environmental Quality Board seven (7) days before implementing such changes. The Environmental Quality Board may require that said notice be given within a shorter term in emergency cases.
(vii) Allow the exchange of emission increases and decreases between units within the same permit-holding facility, as well as other similar changes or programs without these requiring either a permit review or an environmental impact statement under the applicable regulatory provisions and the emission exchange policy authorized by the Federal Clean Air Act, as amended, and the Environmental Quality Board, insofar as such change is contemplated under the facility’s permit and does not represent a net emission increase. Implement market incentive programs directed to having the net effect of reducing the atmospheric pollution produced by each regulated pollutant, pursuant to the provisions of the Federal Clean Air Act, as amended, and the regulations thereunder.
(viii) Coordinate operation permit applications with pre-construction permits, pursuant to any timetable authorized in the federal regulations.
(ix) Grant general permits pursuant to the requirements and regulations of both the Federal Clean Air Act, as amended, and those imposed by the Environmental Quality Board.
(x) Exempt emission units that represent insignificant activities or emissions pursuant to the requirements and regulations of both the Federal Clean Air Act, as amended, and those imposed by the Environmental Quality Board.
(xi) Establish procedures in order for permit applications to comply with the federal provisions codified in Part 70 of Title 40 of the Code of Federal Regulations and the regulations of the Environmental Quality Board.
(xii) Establish administrative procedures and deadlines for granting initial operation permits and permit renewals, modifications and reopenings. The Environmental Quality Board shall make a final decision each year concerning each third of all completed initial applications filed within a period not to exceed three (3) years after the program has entered into effect.
(I) After issuing a final decision regarding all completed initial applications, the Environmental Quality Board shall have eighteen (18) months from the date the completed application was filed, to issue its final decision, and in the case of minor modifications, the Board shall have ninety (90) days to issue its final decision regarding the permit.
(II) If the Environmental Quality Board were not to act within the aforementioned terms, such inaction shall be deemed to be a denial, subject to the applicable judicial review and reconsideration procedures.
(xiii) Adopt adequate procedures to evaluate permit reviews and modifications.
(xiv) Require that the owners or operators of atmospheric pollutant sources under the Program submit permit applications within twelve (12) months following the date the affected source was included in the Program, if the Board certifies that a permit application is complete and has been filed on time, such permit shall provide the owners or operators of emission sources with protection against possible legal actions for noncompliance with the federal and Commonwealth provisions that require a permit to be obtained before operating an emission source. The protection accorded by the application shall not extend to the protection set forth in subparagraph (xv) of this paragraph.
(xv) By petition of the applicant and in the discretion of the Board, operation permits shall include a protective clause, which shall establish that compliance with the permit’s terms and conditions—except those for which the protective clause is expressly prohibited under Title V of the Federal Clean Air Act, as amended—constitutes compliance with the applicable requirements identified and included in the permit and those which the Board may determine not to apply to the source.
(xvi) Require that the owners or operators of sources under the Program file an application for permit renewal. A renewal application that is complete and filed on time shall provide the owners or operators of permit-holding sources with protection against possible legal actions for noncompliance with the federal and Commonwealth provisions that require a permit to be obtained before operating an emission source.
(xvii) Issue operation permits to emission sources covered under the Program for a period not to exceed five (5) years, except for solid waste incinerators that burn municipal waste, for which the permit shall be issued for a period not to exceed twelve (12) years, and the same shall be reviewed every five (5) years as of their date of initial issue or subsequent issue.
(xviii) Reopen and review to incorporate any applicable federal and Commonwealth requirement, permits approved after the adoption of such federal and Commonwealth requirement for sources under Title V of the Federal Clean Air Act, as amended, holding permits with a remaining effective term of three (3) years or more.
(xix) Require that the owners or operators of sources under the Program submit compliance plans and establish compliance plans for sources that submit inadequate plans.
(xx) Require that the owners or operators of sources under the Program submit compliance timetables and certifications, when applicable.
(xxi) Terminate, modify, revoke and issue operation permits, when there is cause.
(xxii) Provide public notice and the opportunity for comments and public hearings concerning permit and permit renewal applications from emission sources established under the Program consistent with §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico” and with United States Environmental Protection Agency regulations.
(xxiii) Make available to the public, the air operation permit applications, the compliance plans, sampling or compliance reports and permits, subject to the confidentiality provisions in §§ 2101 et seq. of Title 3, and in Section 114(c) of the Federal Clean Air Act, as amended.
(xxiv) Have available the Board reconsideration and judicial review procedures form any party legitimized to request the review of a final decision by the Board, in connection with an air operation permit under Title V of the Federal Clean Air Act, as amended, as the former are set forth in this chapter and in §§ 2101 et seq. of Title 3. Judicial review after a final action by the Board and the exhaustion of all administrative remedies shall be the only legal means whereby to contest the validity of an operation permit under Title V of the Federal Clean Air Act, as amended. Only those questions of fact or of law raised during the opportunity for comments or the public hearings may be contestable in court. No collateral contention concerning a final operation permit shall be allowed unless such request for reconsideration or judicial review is based on new facts or changes in the legal and/or administrative system that may arise after the review period.
(xxv) Abstain from issuing a permit if the United States Environmental Protection Agency objects the issue thereof in writing within the period established therefor. The Board may revoke a permit previously granted under the Program if the United States Environmental Protection Agency presents its objection in writing within the period established therefor.
(xxvi) Inspect sources with operation permits in order to ensure compliance with any requirement established under the Program.
(xxvii) Compel compliance with the conditions of a permit after its term has lapsed or after its expiration.
(14) Environmental Research Laboratory of Puerto Rico.—
(A) The Puerto Rico Environmental Research Laboratory is hereby created, to be attached to the Environmental Quality Board. The Laboratory may be located in any municipality of Puerto Rico and have one or more research centers within the jurisdiction of the Commonwealth of Puerto Rico or in other jurisdictions within the Caribbean Region if convenient for the purposes for which the Laboratory is created.
(i) For purposes of the provisions of this clause, these terms shall have the following meaning:
(I) Refrigerants.— Mean any chemical compound used in refrigeration or air conditioning systems as a thermal transfer medium. This includes, but is not limited to, any compound containing chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), halogens, tetrachlorocarbons, dichlorodifluoromethane, trichlorofluorometh-ane, monochloropentafluoromethane and any other substance, organic or non-organic, of any nature or brand which has the effect of reducing the ozone layer, as well as those substitute compounds used to accomplish the same purposes therein or in similar equipment.
(II) Refrigeration and air condition equipment.— Means machines or systems designed to reduce the temperature in a space by means of thermal transfer based upon the compression and expansion of refrigerants.
(III) Certified engineer.— Means a person who is a member of the college and duly qualified and licensed to practice the engineering profession in Puerto Rico and who has approved the examination administered by the Federal Environmental Protection Agency pursuant to Sections 608 and 609 of the Federal Clean Air Act.
(IV) Refrigeration and air condtitioning technician.— Means any person authorized to practice the profession of refrigeration and air conditioning technician in the Commonwealth of Puerto Rico, pursuant to Act No. 35 of May 20, 1970, who is a member of the association and is up to date in the payment of dues.
(B) The Laboratory shall have, without it being construed as a limitation, the following objectives:
(i) To offer scientific and laboratory support to the Environmental Quality Board, the Department of Natural and Environmental Resources, and other government agencies, for the discharge of their duties and functions;
(ii) to conduct all such tests and analyses as necessary to determine soil status and the quality of water, air and of biological, chemical or physical components of any natural resource or system as may be required as part of the procedures for granting, modifying, suspending, revoking or overseeing any permit, license or any other kind of authorization from the Environmental Quality Board;
(iii) to conduct tests and analyses as necessary to oversee compliance with the laws, regulations and orders that regulate the quality of water, air and land resources in Puerto Rico;
(iv) to conduct scientific research in connection with the natural and environmental resources present in Puerto Rico, and to disclose the findings thereof;
(v) to render to government agencies of the Government of Puerto Rico and the Government of the United States of America, as well as to private institutions, laboratory services in connection with projects to conduct research and analyses on natural and environmental resources, insofar as rendering such services does not create a possible conflict of interests with the duty of the Department of Natural and Environmental Resources and the Environmental Quality Board of enforcing their laws and regulations;
(vi) to conduct research and analytical works following the highest standards and the best accepted practices in the field of natural sciences. The Laboratory must also comply fully with the laws that regulate the practice of chemistry, biology, physics, engineering, medical technology, and any other discipline of the natural sciences, as required by the Laboratory;
(vii) to obtain all certifications required by specific Commonwealth and federal agencies in order to discharge its functions pursuant to the pertinent laws and regulations. The Laboratory shall also adopt the quality control norms generally adopted in the field of natural sciences, and
(viii) to enter into consortia and covenants with public and private universities, as well as with other Commonwealth and federal government agencies to conduct joint environmental research projects.
(C) The conclusions drawn by the Laboratory as a result of its tests and analyses regarding water and air quality, soil pollution and biological, physical or chemical components in natural and environmental resources and systems, or any other test or analysis conducted as part of their ministerial functions, shall be presumed to be true and correct for the Environmental Quality Board, the Department of Natural and Environmental Resources, and the agencies concerned.
The Environmental Quality Board, as well as the Department of Natural and Environmental Resources and agencies concerned, shall be under the obligation to take such actions or measures that, in light of the Laboratory’s conclusions, are necessary to ensure the protection of the health and the welfare of citizens and the conservation of natural and environmental resources. Such actions or measures shall include, but not be limited to, the granting, denial, suspension, modification or revocation of permits, licenses, franchises or any other kind of authorization, and the issue of orders to take corrective measures and of orders to cease and desist.
(D) The income generated by the services and operations developed by the Laboratory, as well as any other income received from the Government of Puerto Rico and the Government of the United States of America, on account of private donations and from other sources of income received by virtue of the duties and authorities conferred under this chapter, shall be covered into the Special Account Set For The Environmental Quality Board, created by Subchapter II of this chapter, and used to make improvements to Laboratory facilities; to buy equipment and supplies and equipment maintenance, calibration and repair contracts; to provide training to the personnel; to plan and develop special research studies in coordination with the other programs of the Environmental Quality Board; to observe the activities and obligations established in covenants and consortia with public and private universities or other government agencies to conduct joint environmental research projects.
(E) The Environmental Quality Board and the universities, campuses and public agencies that are parties to consortia or covenants to conduct joint environmental research projects, may delegate the administration of the funds appropriated for the projects and activities contemplated therein, as well as the purchase and leasing of supplies and equipment, onto the persons designated by these to supervise and develop the same; Provided, That such persons shall manage these funds and acquire, use, keep and dispose of materials and equipment in strict compliance with accounting and administration norms and the external audits that are to be observed by the Environmental Quality Board. The Internal Auditing Office of the Environmental Quality Board shall be empowered to audit the operations and the use of funds under such covenants and consortia.
(F) The funds necessary for the operating expenses of the Laboratory shall be appropriated annually to the budget of the Environmental Quality Board pursuant to the Joint Resolution on the General Budget of the Government of Puerto Rico.
(G) Regulation on refrigerant sale and management.— The sale of any substance used as a refrigerant in any refrigeration equipment, air conditioners, mobile equipment and others, shall be restricted to:
(i) Refrigeration technicians with a license who are college members and certified by the EPA.
(ii) Engineers with a license who are college members and certified by the EPA.
(H) To dispose of equipment that normally contains any refrigerants, a certification must be issued by a refrigeration technician indicating that such refrigerants have been removed from the equipment to be dispensed with and that such refrigerants have been disposed of adequately.
Such certifying technician shall keep a log of the amount of refrigerant removed which shall include the name, address, and telephone number of the owner of the equipment, as well as the date of removal and number of the affixed stamp.
As a requirement for the payment of invoices by the government and its agencies to companies, contractors and individuals, proof shall be submitted as to the fact that the works in connection with the installation, servicing, maintenance, repair, and removal of equipment with refrigerants have been conducted by skilled personnel as proven by their certification through the use of stamps from the College of Refrigeration and Air Conditioning Technicians.
(I) It is hereby provided that a fine of five hundred dollars ($500) shall be imposed on natural or juridical persons who consent or agree to the installation, repair, maintenance or any other kind of servicing on any refrigeration or air conditioning or analogous equipment without there being proof that the providers of such services comply with licensing and certification requirements at the time they render such work. The illegal purchase or sale of refrigerants shall be penalized with a fine of not less than one thousand dollars ($1,000) if the amount purchased does not exceed one hundred (100) pounds; if the amount were to exceed one hundred (100) pounds, the fine shall be of not less than five thousand dollars ($5,000) nor greater than ten thousand dollars ($10,000).
(J) All sick building evaluations in connection with the operating order of an air conditioner or any refrigeration equipment shall include a certification regarding the operating conditions of such equipment by a refrigeration and air conditioning technician who holds a license and is a College member. Persons authorized under this chapter to buy refrigerants may authorize third parties to collect and transfer the various refrigerants to warehouses or workplaces, under the responsibility of the authorized person. These third parties are not legally entitled to make use of the refrigerant.
(K) The College membership card and the EPA certification shall be the documents required to identify persons authorized to manage refrigerants.
History
—Sept. 22, 2004, No. 416, § 9; Aug. 26, 2005, No. 95, § 1; July 30, 2010, No. 117, § 1.