P.R. Laws tit. 25, § 172e

2019-02-20 00:00:00+00
§ 172e. Director—Authorities and powers

The Director shall have the responsibilities, authorities, and powers necessary and convenient to enforce the provisions of this chapter, including but not limited to the following:

(a) Perform the administrative functions needed to enforce the purposes of this subchapter, such as entering into agreements and coordinating the adoption of plans, actions and measures addressed to achieve compliance with the public policy established in this subchapter with the pertinent government agencies, departments or bodies, and political subdivisions of the Government of Puerto Rico, as well as with other public or private institutions.

(b) Prepare, modify and submit to the Governor, through the Commissioner, a plan describing the services provided by the Commonwealth Agency, as well as the operating budget to fulfill the obligations imposed by this subchapter.

(c) Establish, in coordination with the Commissioner, and with the approval of the Governor, working or reciprocity agreements with other Commonwealth jurisdictions through the mechanisms provided by federal and Commonwealth laws, to achieve the purposes of this subchapter.

(d) Establish an educational program on the prevention of disasters and emergency management with the participation of public and private entities and the media, and implement said program, free of charge and mandatory in schools, universities and graduate studies institutions, including seminars, training sessions, conferences, workshops or corresponding courses.

(e) Execute contracts and any other instruments that may be necessary or convenient in the exercise of his powers, as well as contract the necessary professional services with individuals, groups, corporations, federal agencies, and the governments of the United States and Puerto Rico and their agencies or political subdivisions.

(f) Adopt those regulations and procedures needed to execute the purposes of this subchapter, subject to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.

(g) Charge fees for seminars, training sessions, conferences, workshops, or courses on emergency and disaster management. This charge shall be rendered ineffective in the case of a nonprofit organization whose mission is the promotion of the community self-management and empowerment principle, as defined by §§ 962-967 of Title 21, known as the “Puerto Rico Special Communities Integral Development Act”. Provided, That every Community Organization established for the purpose of furthering the principles set forth in §§ 962-967 of Title 21, shall be exempt from the payment of the charges imposed herein. Provided, further, that all the income or revenues generated pursuant to the provisions of this subsection shall remain in or revert to, as the case may be, the state agency to cover any operating, fiscal, and administrative expenses.

(h) Attend to matters related to the organization and administration of the Commonwealth Agency and its internal operations.

(i) Contract the personnel he deems necessary or convenient, fix their duties and powers, and assign their compensation.

(j) Establish those regional offices throughout the Commonwealth that he deems convenient or necessary to execute the purposes of this subchapter.

(k) Organize and train groups and/or individuals for emergency management. No natural or juridical person may contract government entities, public corporations or municipalities for professional or consulting services for training or advising persons or groups in the management of emergencies without having previously obtained an accreditation issued by the Public Safety Commissioner after an evaluation and the recommendation of the Executive Director.

Violation of this provision by any natural or juridical person shall be deemed to be a misdemeanor.

(l) Acquire by purchase, real and personal property, equipment, materials, services and supplies that are convenient or necessary to achieve the purposes of this subchapter, subject to the regulations established by the Commissioner for this purpose.

(m) Solicit and accept, with the approval of the Commissioner, funds and donations from any Commonwealth or federal government entity, or from private natural or juridical persons in and outside of Puerto Rico. The Commonwealth Agency may employ these funds or donations subject to the regulations established by the Secretary of the Treasury for this purpose.

(n) Bestow acknowledgments, decorations or honorary mentions on those organizations or persons who render distinguished services during any of the phases of the emergency management process, pursuant to the administrative procedures established by the Director.

(o) Develop and update a Commonwealth Emergency Management Plan for all phases of emergency and disaster management by coordinating the actions of the Commonwealth agencies and the municipalities in order to speedily render those essential services to meet the needs of our citizens and ensure their restoration as soon as possible.

(p) Establish those communications systems to expedite the efficient operation of the Commonwealth Agency and which will also allow and facilitate interagency communications during emergencies and disasters.

(q) Direct the coordination activities of Commonwealth and municipal agencies established in the Commonwealth Emergency Management Plan by harmonizing the efforts of the Government of Puerto Rico to provide a speedy and effective recovery.

(r) Be responsible for the program for planning the mitigation of natural as well as technological risks. To such effects, he shall preside over the Commonwealth Interagency Risk Mitigation Committee established in § 172i of this title. He shall likewise act as the Commonwealth Mitigation Officer of the Government of Puerto Rico and appoint an Alternate Mitigation Officer to assist him in the discharge of the functions prescribed in this subchapter.

(s) Recommend to the Commissioner, so that he or she may in turn petition the Governor to totally or partially activate the available resources of the Puerto Rico Armed Forces according to the provisions of §§ 2001 et seq. of this title, known as the “Puerto Rico Military Code”.

(t) Organize groups and/or individuals who are specialized voluntary technicians for emergency management in the diverse municipalities.

(u) Develop and implement a public building evacuation plan specifically geared toward addressing the special needs of persons with disabilities with respect to such process and to review said plan annually.

(v) Devise, develop, and publish a model plan for handling emergencies for the Owners Councils, Boards of Directors, and Administration Agents of those condominiums submitted to the regime established in §§ 1291 et seq. of Title 31, known as the “Horizontal Property Act”, which shall be available to the public.

History —Aug. 2, 1999, No. 211, § 7; Dec. 28, 2000, No. 445, § 1; Dec. 28, 2000, No. 447, § 2; Jan. 3, 2002, No. 3, § 1; Sept. 23, 2004, No. 447, § 2; Mar. 10, 2006, No. 69, § 1; July 1, 2009, No. 35, § 1; Nov. 5, 2009, No. 134, § 1; Sept. 29, 2012, No. 289, § 1.