P.R. Laws tit. 23, § 11161

2019-02-20 00:00:00+00
§ 11161. Definitions

The following words and terms, whenever used or referred to in this chapter, shall have the meaning stated below, unless the context clearly indicates otherwise:

(a) Authority.— Means the Puerto Rico Integrated Transit Authority created under this chapter.

(b) Highways and Transportation Authority or Highways Authority.— Means the Highways and Transportation Authority created under §§ 2001 et seq. of Title 9.

(c) Metropolitan Bus Authority.— Means the Metropolitan Bus Authority created under §§ 601 et seq. of this title.

(d) Maritime Transport Authority.— Means the Maritime Transport Authority of Puerto Rico and the Islands Municipality created under §§ 3201 et seq. of this title.

(e) Federal agencies.— Means any department of the Executive Branch of the Government of the United States of America, or any corporation, agency, or instrumentality created, or to be created, designated, or established by the United States of America.

(f) Bonds.— Means any bond, provisional bond, refinancing bond, obligation, note, temporary bond, interim receipt or certificate, or other evidence of indebtedness of the Authority issued in accordance with the provisions of this chapter.

(g) Special Development District.— Means a Special Planning District defined by the Planning Board and the municipalities with jurisdiction over the area in question for areas surrounding public transportation, maritime, and/or rail transport stations or terminals, including lands and structures inside or outside of the right-of-way acquired for such facilities, as well as the air space above the same, with respect to which special requirements shall be established to allow and promote high density developments and land use that are consistent with, promote, integrate, and maximize the efficient use of such facilities, the protection and safety of property and users, and that also promotes orderly and extensive use of lands aimed at improving the urban area. It includes, but shall not be limited to, streets, roads, sidewalks, pedestrian walkways, public utilities, recreational areas, parking facilities, street furniture, landscapes, buildings, structures, and facilities, as well as any other necessary or convenient element related to said term.

(h) Public transportation facilities.— Means any tangible or intangible, real or personal property owned, exploited, administered, operated, controlled, or used by the Authority that is necessary or convenient to provide public transportation services in Puerto Rico; and any tangible or intangible, real or personal property owned, exploited, administered, operated, controlled, or used by the Highways and Transportation Authority that is necessary or convenient to provide public transportation services in Puerto Rico, that is exclusively related to any of its public transportation activities and transferred to the Authority as authorized under the provisions of § 11176 of this title. Subject to the foregoing, the term public transportation facilities includes, but is not limited to: (1) all kinds of vehicles; (2) any system or systems, stations, terminals, transfer facility, multimodal centers, buildings with office and retail spaces for its own use or for lease to other entities or persons, offices, equipment, supplies, fuel, energy, services, facilities, structures, garages, or parking spaces, whether or not these are used for parking its own vehicles, as well as any plant, vehicle and movable inventory with all their parts and appurtenances that are used or may be used, and that are useful or convenient for carrying out or providing any public transportation service or activity or those commonly provided by public carriers of persons or property, or activities or auxiliary or complementary services; (3) permits, approvals, offices, equipment, supplies, fuel, energy, communications systems, movable inventory, and other property, systems, and facilities that are useful or convenient for the development, construction, control, operation or maintenance in relation to passenger transportation; and (4) any tangible or intangible property that is located on or adjacent to the property described in clause (2) above, that the Authority or the Highways Authority designates for any public or private commercial, tourist, mixed or industrial use directed to promote the public transportation services offered by the Authority or the Highways Authority.

(i) Maritime transport facilities.— Mean any tangible or intangible real, personal or mixed property, owned, exploited, administered, operated, controlled or used on ground or water by the Authority that is necessary or convenient to transport persons and/or freight by sea, and all rights and interests thereon, and the development, construction, maintenance, control or operation related to maritime transport, including, but not limited to: (1) vessels and vehicles; (2) parking lots and facilities, canals, stations, passenger shelters, terminals, or intermodal or multimodal centers, docks, piers, galleries, berths, and other ground or water facilities that are necessary or advisable for the movement, anchoring, loading, and unloading of persons and/or freight by sea; (3) permits, approvals, offices, equipment, supplies, fuel, power, communications systems, movable inventory and other property, systems, and facilities that are useful or convenient for the development, construction, control, operation or maintenance in relation to the transportation of persons and/or freight by sea; (4) any real or personal property that is located on or adjacent to the property described in clause (2) above, that the Authority designates for any public or private commercial, tourist, mixed or industrial use directed to promote the services offered by the Authority.

(j) Rail transport facilities.— Means any tangible or intangible, real or personal property owned, exploited, operated, administered, controlled, or used by the Authority that is necessary or convenient to provide rail transport services; and any tangible or intangible, real or personal property owned, exploited, operated, administered, controlled or used by the Highways and Transportation Authority that is necessary or convenient to provide rail transport services, and that is transferred to the Authority as authorized under the provisions of § 11176 of this title. Subject to the foregoing, the term rail transport facilities includes, but is not limited to: (1) trains, buses and any other vehicle used in connection with rail transport services; (2) any system or systems, station, terminals, and buildings with office and retail spaces for its own use or to be leased to other entities or persons, office, equipment, supplies, fuel, energy, services, facilities, structures, garages, or parking spaces, whether or not these are used for parking its own vehicles, as well as any plants, vehicles, and movable inventory with all their parts and appurtenances that are used or may be used, or that are useful or convenient for carrying out or providing any rail transport service or activity; (3) parking lots or buildings and other facilities necessary or advisable in connection with parking, loading, or unloading of all kinds of vehicles; (4) any property, rights, and easements, and interest thereon, that are necessary or advisable for the construction, maintenance, control, operation, or development of such rail transport facilities; (5) communications services and signage, stops, bus shelters, terminals, stations, transfer centers, or intermodal or multimodal centers, vehicles, energy transmission systems for the operation of passenger vehicles and other public systems and facilities related to the operation and maintenance of equipment and vehicles used for passenger transportation; and (6) any real or personal property located on, or adjacent to the property described in clause (2) above, that the Authority or the Highways Authority designates for any public or private commercial, tourist, mixed or industrial use directed to promote the services offered by the Authority or the Highways Authority.

(k) Board.— Means the Board of Directors of the Authority.

(l) Public Vehicles Regulatory Office.— Means the Office charged with enforcing the Regulations on Low-Capacity Public Vehicle Regulation and Planning, and overseeing all that pertains to the operational phase of public carriers.

(m) Metropolitan Planning Organization or MPO.— Means the organization that shall participate in the planning process of public transportation, and rail and maritime transport in accordance with this chapter. Its composition shall be established in accordance with the Federal-Aid Highway Act of 1962, as amended.

(n) Person.— Means any public or private natural or juridical person or any agency, department, instrumentality, political subdivision, or municipality of the Commonwealth of Puerto Rico, or the Government or any State of the United States.

(o) Public Transportation Plan.— Means the document that sets forth the public policy on transportation to be drafted by the Secretary of the Department of Transportation and Public Works and the Puerto Rico Advisory Board on Transportation, created under §§ 3151 et seq. of Title 9, and approved by the Governor of the Commonwealth of Puerto Rico, which outlines the objectives and goals of public and private activities in the transportation sector. Before promulgation, modification or amendment, the plan shall be submitted to public hearings following the procedure established for regulations under §§2101 et seq. of Title 3. This document shall also include the general quality guidelines for the services to be offered by the different components and operators of the transportation system, including rail transport and public transportation systems. This document must define the technology and modes of transportation to be established or promoted in specific areas and corridors, the guidelines for interrelation and coordination of the different modes of transportation and their operators, and the guidelines or plans for the development and future growth of the system, as well as other similar guidelines and plans needed to attain set goals.

(p) Secretary.— Means the Secretary of the Department of Transportation and Public Works of Puerto Rico.

(q) Public transportation.— Means public ground transportation services provided by the Authority or those offered or to be offered by the Highways and Transportation Authority and transferred to the Authority, as authorized under the provisions of §§ 11176 of this title, and those included in the future as part of the services provided by the Authority within the jurisdiction of the Commonwealth of Puerto Rico.

(r) Maritime transport.— Means the public transportation services by modes of water transport rendered by the Authority, and those included in the future as part of the services rendered by the Authority within the jurisdiction of the Government of Puerto Rico.

(s) Rail transport.— Means the transportation services by train provided by the Authority or those offered or to be offered by the Highways and Transportation Authority and transferred to the Authority, as authorized under the provisions of § 11176 of this title, and those included in the future as part of the services provided by the Authority within the jurisdiction of the Commonwealth of Puerto Rico.

(t) Zone of influence.— Means the geographical area within a 500-meter radius from the property limits of the entrances to train stations, bus terminals, or intermodal or multimodal stations, including lands and structures inside or outside of the right-of-way acquired for such facilities, as well as the air space above the same, within which the Authority shall exercise the powers granted thereto under this chapter, to promote the protection and safety of property and users and the orderly and extensive use of lands to improve the urban area. It includes, but shall not be limited to, streets, roads, pedestrian walkways, public utilities, recreational areas, street furniture, landscapes, buildings, structures, and facilities, as well as any other element necessary or convenient related to said term. Any property located, in whole or in part, within the aforementioned radius shall be deemed to be located within the zone of influence.

History —Aug. 3, 2014, No. 123, § 2.