Collapse to view only § 2213. Critical Projects
- § 2211. Definitions
- § 2212. Position of Revitalization Coordinator
- § 2213. Critical Projects
- § 2214. Miscellaneous provisions
- § 2215. Federal agency requirements
- § 2216. Judicial review
- § 2217. Savings clause
§ 2211. Definitions
In this subchapter:
(1) Act 76
(2) Critical Project
(3) Energy Commission of Puerto Rico
(4) Energy Projects
(5) Emergency
(6) Environmental Quality Board
(7) Expedited Permitting Process
(8) Governor
(9) Interagency Environmental Subcommittee
(10) Legislature
(11) Planning Board
(12) Project Sponsor
(13) Puerto Rico Agency or Agencies
(14) Puerto Rico Electric Power Authority
(Pub. L. 114–187, title V, § 501, June 30, 2016, 130 Stat. 596.)
§ 2212. Position of Revitalization Coordinator
(a) Establishment
(b) Appointment
(1) In general
The Revitalization Coordinator shall be appointed by the Governor as follows:
(A) Prior to the appointment of the Revitalization Coordinator and within 60 days of the appointment of the full membership of the Oversight Board, the Oversight Board shall submit to the Governor no less than three nominees for appointment.
(B) In consultation with the Oversight Board, not later than 10 days after receiving the nominations under subparagraph (A), the Governor shall appoint one of the nominees as the Revitalization Coordinator. Such appointment shall be effective immediately.
(C) If the Governor fails to select a Revitalization Coordinator, the Oversight Board shall, by majority vote, appoint a Revitalization Coordinator from the list of nominees provided under paragraph (A).
(2) Qualifications
In selecting nominees under paragraph (1)(A), the Oversight Board shall only nominate persons who—
(A) have substantial knowledge and expertise in the planning, predevelopment, financing, development, operations, engineering, or market participation of infrastructure projects, provided that stronger consideration may be given to candidates who have experience with Energy Projects and the laws and regulations of Puerto Rico that may be subject to an Expedited Permitting Process;
(B) does 1
1 So in original. Probably should be “do”.
not currently provide goods or services to the government of Puerto Rico (and, as applicable, is 22 So in original. Probably should be “are”.
not the spouse, parent, child, or sibling of a person who provides or has provided goods and services to the government of Puerto Rico in the preceding 3 calendar years); and(C) shall not be an officer, employee of, or former officer or employee of the government of Puerto Rico in the preceding 3 calendar years.
(3) Compensation
(c) Assignment of personnel
(d) Removal
(1) In general
(2) Termination of position
(Pub. L. 114–187, title V, § 502, June 30, 2016, 130 Stat. 597.)
§ 2213. Critical Projects
(a) Identification of projects
(1) Project submissionAny Project Sponsor may submit, so long as the Oversight Board is in operation, any existing, ongoing, or proposed project to the Revitalization Coordinator. The Revitalization Coordinator shall require such submission to include—
(A) the impact the project will have on an emergency;
(B) the availability of immediate private capital or other funds, including loan guarantees, loans, or grants to implement, operate, or maintain the project;
(C) the cost of the project and amount of Puerto Rico government funds, if any, necessary to complete and maintain the project;
(D) the environmental and economic benefits provided by the project, including the number of jobs to be created that will be held by residents of Puerto Rico and the expected economic impact, including the impact on ratepayers, if applicable;
(E) the status of the project if it is existing or ongoing; and
(F) in addition to the requirements found in subparagraphs (A) through (E), the Revitalization Coordinator may require such submission to include any or all of the following criteria that assess how the project will—
(i) reduce reliance on oil for electric generation in Puerto Rico;
(ii) improve performance of energy infrastructure and overall energy efficiency;
(iii) expedite the diversification and conversion of fuel sources for electric generation from oil to natural gas and renewables in Puerto Rico as defined under applicable Puerto Rico laws;
(iv) promote the development and utilization of energy sources found on Puerto Rico;
(v) contribute to transitioning to privatized generation capacities in Puerto Rico;
(vi) support the Energy Commission of Puerto Rico in achievement of its goal of reducing energy costs and ensuring affordable energy rates for consumers and business; or
(vii) achieve in whole or in part the recommendations, if feasible, of the study in section 505(d) of this title 1
1 See References in Text note below.
to the extent such study is completed and not inconsistent with studies or plans otherwise required under Puerto Rico laws.(2) Identification of relevant Puerto Rico Agencies
(3) Expedited Permitting Process
(A) Submission of Expedited Permitting Process
(B) Failure to provide Expedited Permitting Process
(C) Implementation and prioritization
(b) Critical Project Report
(1) In generalFor each submitted project, the Revitalization Coordinator in consultation with the Governor and relevant Puerto Rico Agencies identified in subsection (a)(2) shall develop a Critical Project Report within 60 days of the project submission, which shall include:
(A) An assessment of how well the project meets the criteria in subsection (a)(1).
(B) A recommendation by the Governor whether the project should be considered a Critical Project. If the Governor fails to provide a recommendation during the development of the Critical Project Report, the failure shall constitute a concurrence with the Revitalization Coordinator’s recommendation in subparagraph (E).
(C) In the case of a project that may affect the implementation of Land-Use Plans, as defined by Puerto Rico Act 550–2004, a determination by the Planning Board will be required within the 60-day timeframe. If the Planning Board determines such project will be inconsistent with relevant Land-Use Plans, then the project will be deemed ineligible for Critical Project designation.
(D) In the case of an Energy Project that will connect with the Puerto Rico Electric Power Authority’s transmission or distribution facilities, a recommendation by the Energy Commission of Puerto Rico, if the Energy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 54–2014. If the Energy Commission determines the Energy Project will adversely affect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for Critical Project designation, provided that such determination must be made during the 60-day timeframe for the development of the Critical Project Report.
(E) A recommendation by the Revitalization Coordinator whether the project should be considered a Critical Project.
(2) Public involvement
(3) Submission to Oversight Board
(c) Action by the Oversight BoardNot later than 30 days after receiving the Critical Project Report, the Oversight Board, by majority vote, shall approve or disapprove the project as a Critical Project, if the Oversight Board—
(1) approves the project, the project shall be deemed a Critical Project; and
(2) disapproves the project, the Oversight Board shall submit to the Revitalization Coordinator in writing the reasons for disapproval.
(Pub. L. 114–187, title V, § 503, June 30, 2016, 130 Stat. 598.)
§ 2214. Miscellaneous provisions
(a) Creation of Interagency Environmental Subcommittee
(1) Establishment
(2) Composition
(b) Length of Expedited Permitting Process
(c) Expedited Permitting Process compliance
(1) Written notice
(2) Finding of failure
(d) Review of Legislature acts
(1) Submission of acts to Oversight Board
(2) Finding of Oversight Board
(e) Establishment of certain terms and conditions
(f) Disclosure
(Pub. L. 114–187, title V, § 504, June 30, 2016, 130 Stat. 601.)
§ 2215. Federal agency requirements
(a) Federal Points of Contact
(b) Federal grants and loans
(c) Expedited reviews and actions of Federal agencies
(Pub. L. 114–187, title V, § 505, June 30, 2016, 130 Stat. 602.)
§ 2216. Judicial review
(a) Deadline for filing of a claim
(b) Expedited consideration
(Pub. L. 114–187, title V, § 506, June 30, 2016, 130 Stat. 602.)
§ 2217. Savings clause
Nothing in this subchapter is intended to change or alter any Federal legal requirements or laws.
(Pub. L. 114–187, title V, § 507, June 30, 2016, 130 Stat. 603.)