48 U.S.C. § 2213 — Critical Projects

Page 382 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2213 1 See References in Text note below. (d) Removal (1) In general The Revitalization Coordinator may be re- moved for any reason, in the Oversight Board’s discretion. (2) Termination of position Upon the termination of the Oversight Board pursuant to section 2149 of this title, the posi- tion of the Revitalization Coordinator shall terminate. (Pub. L. 114–187, title V, § 502, June 30, 2016, 130 Stat. 597.) § 2213. Critical Projects (a) Identification of projects (1) Project submission Any Project Sponsor may submit, so long as the Oversight Board is in operation, any exist- ing, ongoing, or proposed project to the Revi- talization Coordinator. The Revitalization Co- ordinator shall require such submission to in- clude— (A) the impact the project will have on an emergency; (B) the availability of immediate private capital or other funds, including loan guar- antees, loans, or grants to implement, oper- ate, or maintain the project; (C) the cost of the project and amount of Puerto Rico government funds, if any, nec- essary to complete and maintain the project; (D) the environmental and economic bene- fits provided by the project, including the number of jobs to be created that will be held by residents of Puerto Rico and the ex- pected economic impact, including the im- pact 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 Revi- talization Coordinator may require such submission to include any or all of the fol- lowing criteria that assess how the project will— (i) reduce reliance on oil for electric gen- eration in Puerto Rico; (ii) improve performance of energy infra- structure and overall energy efficiency; (iii) expedite the diversification and con- version of fuel sources for electric genera- tion from oil to natural gas and renew- ables in Puerto Rico as defined under ap- plicable Puerto Rico laws; (iv) promote the development and utili- zation 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 afford- able energy rates for consumers and busi- ness; or (vii) achieve in whole or in part the rec- ommendations, if feasible, of the study in section 505(d) of this title 1 to the extent such study is completed and not incon- sistent with studies or plans otherwise re- quired under Puerto Rico laws. (2) Identification of relevant Puerto Rico Agen- cies Within 20 days of receiving a project submis- sion under paragraph (1), the Revitalization Coordinator shall, in consultation with the Governor, identify all Puerto Rico Agencies that will have a role in the permitting, ap- proval, authorizing, or other activity related to the development of such project submis- sion. (3) Expedited Permitting Process (A) Submission of Expedited Permitting Process Not later than 20 days after receiving a project submission, each Puerto Rico Agen- cy identified in paragraph (1) shall submit to the Revitalization Coordinator the Agency’s Expedited Permitting Process. (B) Failure to provide Expedited Permitting Process If a Puerto Rico Agency fails to provide an Expedited Permitting Process within 20 days of receiving a project submission, the Revi- talization Coordinator shall consult with the Governor to develop within 20 days an Expe- dited Permitting Process for the Agency. (C) Implementation and prioritization The Revitalization Coordinator shall re- quire Puerto Rico Agencies to implement the Expedited Permitting Process for Crit- ical Projects. Critical Projects shall be prioritized to the maximum extent possible in each Puerto Rico Agency regardless of any agreements transferring or delegating permitting authority to any other Terri- torial Instrumentality or municipality. (b) Critical Project Report (1) In general For each submitted project, the Revitaliza- tion Coordinator in consultation with the Gov- ernor and relevant Puerto Rico Agencies iden- tified in subsection (a)(2) shall develop a Crit- ical 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 pro- vide a recommendation during the develop- ment of the Critical Project Report, the fail- ure shall constitute a concurrence with the Revitalization Coordinator’s recommenda- tion 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 deter- mination by the Planning Board will be re- quired 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 ineli- gible for Critical Project designation. (D) In the case of an Energy Project that will connect with the Puerto Rico Electric Page 383 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2214 2 So in original. Power Authority’s transmission or distribu- tion facilities, a recommendation by the En- ergy Commission of Puerto Rico, if the En- ergy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 54–2014. If the Energy Commission deter- mines the Energy Project will adversely af- fect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for Crit- ical 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 Revitaliza- tion Coordinator whether the project should be considered a Critical Project. (2) Public involvement Immediately following the completion of the Critical Project Report, the Revitalization Co- ordinator shall make such Critical Project Re- port public and allow a period of 30 days for the submission of comments by residents of Puerto Rico specifically on matters relating to the designation of a project as a Critical Project. The Revitalization Coordinator shall respond to the comments within 30 days of closing the coming 2 period and make the re- sponses publicly available. (3) Submission to Oversight Board Not later than 5 days after the Revitaliza- tion Coordinator has responded to the com- ments under paragraph (2), the Revitalization Coordinator shall submit the Critical Project Report to the Oversight Board. (c) Action by the Oversight Board Not later than 30 days after receiving the Crit- ical Project Report, the Oversight Board, by ma- jority 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 Coor- dinator in writing the reasons for disapproval. (Pub. L. 114–187, title V, § 503, June 30, 2016, 130 Stat. 598.) Editorial Notes REFERENCES IN TEXT Section 505(d) of this title, referred to in subsec. (a)(1)(F)(vii), is section 505(d) of title V of Pub. L. 114–187, June 30, 2016, 130 Stat. 602, which amended sec- tion 1492a of this title. § 2214. Miscellaneous provisions (a) Creation of Interagency Environmental Sub- committee (1) Establishment Not later than 60 days after the date on which the Revitalization Coordinator is ap- pointed, the Interagency Environmental Sub- committee shall be established and shall evaluate environmental documents required under Puerto Rico law for any Critical Project within the Expedited Permitting Process es- tablished by the Revitalization Coordinator under section 2213(a)(3) of this title. (2) Composition The Interagency Environmental Sub- committee shall consist of the Revitalization Coordinator, and a representative selected by the Governor in consultation with the Revital- ization Coordinator representing each of the following agencies: The Environmental Qual- ity Board, the Planning Board, the Puerto Rico Department of Natural and Environ- mental Resources, and any other Puerto Rico Agency determined to be relevant by the Revi- talization Coordinator. (b) Length of Expedited Permitting Process With respect to a Puerto Rico Agency’s activi- ties related only to a Critical Project, such Puerto Rico Agency shall operate as if the Gov- ernor has declared an emergency pursuant to section 2 of Act 76 (3 L.P.R.A. 1932). Section 12 of Act 76 (3 L.P.R.A. 1942) shall not be applicable to Critical Projects. Furthermore, any trans- actions, processes, projects, works, or programs essential to the completion of a Critical Project shall continue to be processed and completed under such Expedited Permitting Process re- gardless of the termination of the Oversight Board under section 2149 of this title. (c) Expedited Permitting Process compliance (1) Written notice A Critical Project Sponsor may in writing notify the Oversight Board of the failure of a Puerto Rico Agency or the Revitalization Co- ordinator to adhere to the Expedited Permit- ting Process. (2) Finding of failure If the Oversight Board finds either the Puer- to Rico Agency or Revitalization Coordinator has failed to adhere to the Expedited Permit- ting Process, the Oversight Board shall direct the offending party to comply with the Expe- dited Permitting Process. The Oversight Board may take such enforcement action as necessary as provided by section 2124(l) of this title. (d) Review of Legislature acts (1) Submission of acts to Oversight Board Pursuant to section 2144(a) of this title, the Governor shall submit to the Oversight Board any law duly enacted during any fiscal year in which the Oversight Board is in operation that may affect the Expedited Permitting Process. (2) Finding of Oversight Board Upon receipt of a law under paragraph (1), the Oversight Board shall promptly review whether the law would adversely impact the Expedited Permitting Process and, upon such a finding, the Oversight Board may deem such law to be significantly inconsistent with the applicable Fiscal Plan. (e) Establishment of certain terms and condi- tions No Puerto Rico Agency may include in any certificate, right-of-way, permit, lease, or other