P.R. Laws tit. 22, § 150
The title deed of any property of the Commonwealth of Puerto Rico, as well as of any municipality, agency, or instrumentality thereof, which has been acquired before the date of effectiveness of this act or that is acquired in the future, which is deemed to be necessary or convenient for the purposes of the Authority, may be transferred to this Authority by the official in charge of said property or who has jurisdiction thereon, pursuant to the terms and conditions that the Council of Secretaries determine.
The Authority shall have the right and the power to construct or locate any part or parts of any of its works, projects, enterprises, or property, and to operate, maintain, and extend the same, on, above, under, through and throughout any street, public thoroughfare or any lands that are at present, or could be in the future, property of the Commonwealth of Puerto Rico or any municipality or political subdivision thereof without obtaining a any franchise or any other permit whatsoever for that purpose, but it shall obtain the consent of the Secretary of Transportation and Public Works when dealing with constructions that affect public land whether these are or not under the jurisdiction of the Commonwealth or a municipal government, so that it be left in the condition or state it was at the beginning of the works and shall not use the same in a way that undermines its usefulness unnecessarily.
When necessary to relocate Authority facilities located in the public thoroughfare or in any other place, by reason or as a result or consequence of the performance of a public work, of which the Department of Transportation and Public Works or any other government agency is in charge, the costs of said relocation shall be considered as part of the expenses entailed by such a public work and shall be satisfied or reimbursed to said Authority by the agency to which it corresponds, pursuant to the system in effect concerning the payments pertaining to the performance of a public work; Provided, That when the federal government is able to make a contribution to cover such relocation expenses, the requirements that enable such a contribution shall be met; and, Provided, also, That if the relocation is taken advantage from for an improvement or extension of the affected system, the Authority shall be responsible for the resulting additional costs.
The Authority shall establish and maintain at least one minor repairs brigade for each three (3) municipalities in each region, subject to the condition that its establishment and maintenance conforms the new Reclassification and Compensation to be adopted as of January 1, 2004.
The Authority and the municipalities of the Country shall be authorized to subscribe cooperation agreements for the latter to perform and finance, subject to reimbursement by the Authority, capital improvements that would become a part of the Aqueduct and Sewer system of the Authority. These agreements shall be effected taking as a basis the analysis of need and the scope determined by the Authority regarding the projects to be constructed by the municipalities, as well as the projects comprised in the Capital Improvement Plan and the conditions for the Authority to incorporate the project to its Commonwealth Aqueduct System or its Commonwealth Sewer System, as the case may be.
When a municipal government makes a written request for a declaration of a “state of limited emergency” on the potable water supply services in its municipal term, the Authority, within the following fifteen (15) working days, shall give notice of a declaration of approval or denial thereof. If said declaration is not issued within this term, it shall be construed as the recognition of the state of limited emergency. In the event that the it [sic] coincides with the municipal government’s request or the state of limited emergency has been recognized, the Authority shall establish an Emergency Management Plan within the nondeferrable term of thirty (30) working days as of the date of acceptance by the Authority.
If the Authority fails to issue the corresponding management plan within the term provided for, the municipal governments of the Commonwealth are hereby empowered, subject to the terms contained herein, to perform limited infrastructure or repair and maintenance works to improve the aqueduct and sewer services in its municipal territory pursuant to the applicable environmental protection laws and regulations. The direct expenses incurred by the municipal governments in these works shall be reimbursed by the Authority.
For purposes of §§ 141—161 of this title, a “state of limited emergency” shall occur when a community or sector within a municipal term has not received water service or has received service interruptedly or uncleanly during a period of thirty (30) working days or more and the solution to the matter has not yet been initiated by the Authority.
In circumstances under which Authority facilities require repairs or other maintenance works, other than capital improvements, which are not considered a state of limited emergency, and which are causing harm to citizens, the municipality thus affected may conduct the repair or the maintenance work necessary, without the need of the previous agreement with the Authority, only under the following circumstances:
(i) If after thirty (30) working days have elapsed from the date of written notice of the situation to the Executive President and the corresponding Regional Director, the Authority has not begun to repair or perform the works required.
In the case of urgent repair and maintenance works by the municipalities, as well as in cases in which there are agreements for the performance of capital works, as provided above, the municipalities may require from the Authority, and the same shall be under the obligation to pay, the reimbursement of the direct costs of the works performed.
In the case of repair and maintenance works, the Authority shall reimburse the direct expenses incurred by the municipal governments within forty-five (45) working days from the date of having certified the expense incurred by the municipal government.
The municipalities shall be responsible for complying with environmental and health laws in relation to the works and repairs they perform, as well as for any cost or damages claimed by third parties, or for the penalty imposed to the Authority for violations at the facilities or due to negligence in the performance of the works as a consequence of the works performed by the municipalities.
History —May 1, 1945, No. 40, p. 138, § 11, renumbered as § 10 and amended on May 3, 1949, No. 163, § 1; May 16, 1958, No. 8, p. 9; Mar. 31, 2004, No. 92, § 8.