P.R. Laws tit. 23, § 9018d
The environmental planning process is an informal process sui generis, exempted from the application of the Uniform Administrative Procedures Act. The Executive Director of the Management Office or the Adjudicatory Board, as may correspond, shall make such environmental compliance assessment as required under the provisions of subsection (b)(3) of § 8001a of Title 12, and such regulation as the Environmental Quality Board may approve for purposes of this section and this chapter on the matter of: (a) Actions taken in connection with the final determinations requested from such Board pursuant to this chapter, and (b) any action subject to compliance under the provisions of subsection (b)(3) of § 8001a of this title.
The Permit Management Office shall serve the function of proponent agency in connection with the environmental planning process, except in those cases in which autonomous municipalities with I to V granted hierarchy have been conferred such authority as a consequence of the transference agreement established under §§ 4001 et seq. of Title 21, known as the “Puerto Rico Autonomous Municipalities Act”.
The Permit Management Office shall direct the process to evaluate the environmental document through the Environmental Compliance Evaluation Division. In cases in which the Permit Management Office is the proponent agency, the environmental planning process to be followed shall be: when the permit application is ministerial in nature, and the document submitted is an Environmental Assessment together with an Finding of No Significant Impact, the Environmental Compliance Evaluation Division shall evaluate the Environmental Assessment and issue its recommendations to the Executive Director, who shall assess environmental compliance and also issue the final determination in connection with the proposed action. In cases in which the environmental document submitted is an Environmental Impact Statement (EIS), the Environmental Compliance Evaluation Division shall evaluate such EIS and send its recommendations to the Executive Director, who shall send to the Adjudicatory Board the recommendations issued by the Environmental Compliance Evaluation Division, in order for such Board to assess environmental compliance and also issue a final determination in connection with the application.
When the application is discretionary in nature, and the environmental document is an Environmental Assessment or an Environmental Impact Statement, such application shall be evaluated by the Environmental Compliance Evaluation Division, which shall issue its recommendations to the Executive Director. The Executive Director shall send to the Adjudicatory Board the recommendations issued by the Environmental Compliance Evaluation Division, in order for such Board to assess environmental compliance and also issue a final determination in connection with the application.
However, when an autonomous municipality is the proponent agency, the environmental planning process to be followed shall be: the autonomous municipality shall submit to the Permit Management Office the environmental document, be it an Environmental Assessment or an Environmental Impact Statement, which shall be evaluated by the Environmental Compliance Evaluation Division. When the application is ministerial in nature, the Environmental Compliance Evaluation Division shall send its recommendations to the Executive Director, who shall assess environmental compliance and issue his/her determination to the autonomous municipality, which shall adjudicate the final determination in connection with the permit requested. When the application is discretionary in nature, the Environmental Compliance Evaluation Division shall submit its recommendations to the Executive Director. The Executive Director shall refer such recommendations to the Adjudicatory Board, in order for such Board to assess environmental compliance and to issue its determination to the autonomous municipality, which shall adjudicate the final determination in connection with the permit requested.
When the permit application is ministerial in nature and the proposed action is a categorical exclusion for purposes of the environmental planning process, the applicant for the permit shall certify in writing that the action proposed qualifies as a categorical exclusion, so that the Permit Management Office, through its Executive Director and/or authorized professionals, may be able to issue an Environmental Compliance Assessment under categorical exclusion automatically, which shall be incorporated into the administrative record and constitute a component of the final determination of the proponent agency or the autonomous municipality in connection with the proposed action.
The concerned government entities may serve the function of proponent agencies when the Management Office is not empowered to issue final determinations under this chapter. The concerned government entities shall follow the same environmental planning process as that established for autonomous municipalities.
The environmental compliance assessment shall not be deemed to be a reviewable decision that is final or independent or separate in nature, but rather, it shall be a component of the final determination in connection with the permit requested. The general public may comment on Environmental Impact Statements during the environmental planning process, by means of public hearings, as may apply, which proceedings shall be conducted as established by the Environmental Quality Board by Regulation. Furthermore, the environmental compliance assessment may be reviewed together with the final determination, as established in Subchapter XII of this chapter.
In cases in which the environmental compliance assessment requested from the Permit Management Office is not connected with the permits such Office issues under its provisions or any other action covered by law, the determination of the Permit Management Office in connection with such issue shall not be final in nature, and the same shall be a component of the final determination of the department, agency, municipality, public corporation or instrumentality of the Government of Puerto Rico or political subdivision, as may apply, concerning the proposed action and reviewable together with such final determination.
In cases in which the only action required is the issue or modification of a permit that is not subject to the provisions of this chapter and falls under the sole jurisdiction of the Environmental Quality Board, it shall not be necessary for the Environmental Compliance Evaluation Division to conduct an environmental impact assessment of the proposed action.
In cases in which the proposed action contemplates projects whose operation is governed by the Environmental Quality Board, the Management Office shall require that the Environmental Quality Board issue a recommendation regarding the environmental document submitted for such project. Such recommendations shall be submitted within thirty (30) days, to be counted as of the date of notice of the request for recommendations. If such recommendations should not be submitted within the above term, the Permit Management Office may serve an Order to Do on the Environmental Quality Board, to request that such Board issue its recommendations within a term of fifteen (15) days. If the Environmental Quality Board fails to issue its recommendations after the Permit Management Office has served its Order to Do, it shall then be understood that such Board has no recommendations.
The Permit Management Office, the autonomous municipalities, the Environmental Quality Board, and the authorized professionals shall evaluate environmental feasibility by means of a categorical exclusion for Green and PyMES Permits. The procedures for establishing environmental feasibility and for granting Green and PyMES Permits shall be set forth in the Joint Permit Regulation.
The Environmental Quality Board shall draft and adopt, with the approval of the Governor, a regulation to govern the evaluation and transaction of categorical exclusions by its own agency, the Permit Management Office, the autonomous municipalities, and the authorized professionals. Furthermore, such regulation shall set forth the requirements for the Environmental Compliance Evaluation Division of the Permit Management Office, as applicable, to evaluate and transact environmental documents after considering any comments submitted by the Planning Board. Any individual or professional who:
(a) Prepares the environmental document, or
(b) fills out a form to claim a categorical exclusion shall certify under oath, subject to penalties imposed under this chapter and any other Commonwealth or federal laws, that the information contained therein is true, correct, and complete.
History —Dec. 1, 2009, No. 161, § 8.5.