P.R. Laws tit. 27, § 2616

2019-02-20 00:00:00+00
§ 2616. Use of initial or periodic payments of a partnership

In the event that a partnership contract, after having defrayed the costs incurred by the Authority, the partnering government entity or the Bank as part of the process of evaluating, selecting, negotiating, and executing such partnership contract, generates an initial payment or periodic payments to the partnering government entity or the Commonwealth of Puerto Rico by the contractor under the partnership contract, such payments may only be employed for any of the following uses:

(a) To pay debts of any kind, even operational debts, of the partnering government entity;

(b) to pay debts of any kind, even operational debts, of the Commonwealth of Puerto Rico;

(c) to create a capital investment fund for the capital improvement program of the partnering government entity or the Commonwealth of Puerto Rico, in which case, such payment shall be remitted by such partnering government entity to the Bank, which shall deposit such money into an account created for such purpose;

(d) to create a fund whose purpose shall be to repay the line of credit granted by the Bank to the Authority to cover its operating expenses and to accomplish the purposes of this chapter, pursuant to the provisions of § 2605(a)(8) of this title, and to refund or compensate the amounts expended, paid, or advanced by the Bank to meet the obligations incurred by any partnering government entity under a partnership contract. The Bank shall consult with the Office of Management and Budget and submit to the Governor its recommendations together with those of the Office of Management and Budget concerning the best use of the initial payment or the periodic payments arising out of the partnership contract. Such payment shall be used as finally approved by the Governor. In the case of a small scale project that generates an initial payment or periodic payments, said payment shall be used as provided in this section, but said use need only be recommended by the Bank and approved by the Board of the Authority and the partnering government agency. The use of the funds corresponding to the General Fund must be authorized by the Legislative Assembly.

History —June 8, 2009, No. 29, § 17; Dec. 19, 2014, No. 237, § 7.