P.R. Laws tit. 22, § 196d
(a) Without impairment to the powers granted to the Authority under § 196 of this title to contract goods and services using the different methods available to request, negotiate, and execute contracts, the Authority is hereby authorized to form Public-Private Partnerships to promote their investment in any of the facilities, functions, or services of the Authority. Notwithstanding the provisions of the Puerto Rico Public-Private Partnership Act, §§ 2601 et seq. of Title 27, the Authority shall be the only one authorized to set priorities in the development of Public-Private Partnerships projects related to the needs of electricity generation, transmission, and distribution in Puerto Rico in accordance with the Integrated Resource Plan and the Energy RELIEF Plan approved by the Commission.
(b) Whenever the Authority determines to consider the possibility of establishing a Public-Private Partnership project and earmarks the funds available to carry out said evaluation process, it shall so notify to the Public-Private Partnership Authority, which shall be required to carry out its duties as provided in §§ 2601 et seq. of Title 27, with regard to the evaluation and establishment of said project. The expenses incurred by the Public-Private Partnership Authority in carrying out the public-private partnership project evaluation and establishment process shall be defrayed by PREPA.
(c) Notwithstanding the provisions of §§ 2601 et seq. of Title 27, when evaluating a public-private partnership project pursuant to §§ 191—217 of this title, the Partnership Committee shall be composed as follows: five (5) members, to wit, two (2) members designated by the Authority’s Board, one (1) representative of the Government Development Bank, one (1) representative of the Energy Public Policy Office, and one (1) representative of the Puerto Rico Public-Private Partnership Authority. When the Partnership process is carried out by the Commission, the Commission shall designate one (1) of the members of the Partnership Committee, who shall substitute one of the members designated by the Authority. Said Partnership Committee shall ensure faithful compliance with the provisions of §§ 2601 et seq. of Title 27.
(d) Notwithstanding the provisions of §§ 2601 et seq. of Title 27, in the case of public-private partnership projects related to the energy generation, transmission, and/or distribution in Puerto Rico, the Public-Private Partnership Authority may use any study or studies conducted by the Electric Power Authority or the Energy Commission in lieu of the desirability and convenience study required by said sections; Provided, that the scope and depth of said studies are appropriate to allow the Partnership Committee to determine whether the establishment of the project as a partnership is advisable.
History —May 2, 1941, No. 83, p. 684, added as § 6C on Feb. 16, 2016, No. 4, § 12.