P.R. Laws tit. 3, § 1902

2019-02-20 00:00:00+00
§ 1902. Definitions

The following words and terms when used or referred to in this chapter, shall have the meaning indicated unless it is otherwise clearly construed from the context:

(a) Authority. — Shall mean the Puerto Rico Infrastructure Financing Authority established by this chapter, or if said Authority should be abolished or otherwise divested of its functions under this chapter, the public body or entity which succeeds it in its main functions or in which the rights, powers and duties conferred by this chapter to the Authority, are vested.

(b) Benefited entity. — Shall mean every municipality, public corporation, political subdivisions or instrumentality of the Commonwealth to which financial, administrative, consulting, technical, advisory or other assistance is provided, pursuant to the provisions of this chapter.

(c) Board. — Shall mean the Board of Directors of the Authority created hereby and if said Board is abolished, whatever Board or entity that succeeds it in the performance of its main functions.

(d) Bonds. — Shall mean bonds, temporary bonds, refunding bonds, obligations, notes, bond anticipation notes, interim receipts or provisional bonds, certificates, or any other evidences of indebtedness of the Authority issued under the provisions of this chapter.

(e) Clean Water Act. — Shall mean the 1972 Water Pollution Control Act, P.L. 92-500 as amended and the regulations promulgated thereunder.

(f) Commmonwealth. — Shall mean the Commonwealth of Puerto Rico.

(g) Revolving Fund. — Shall mean collectively, the Puerto Rico Water Pollution Control Fund and the Commonwealth Potable Water Revolving Fund, each of which shall be constituted independent and separate from any other Commonwealth fund, and in accordance with the provisions and purposes of Title VI of the Clean Water Act and Title I of the Federal Clean Water Act, respectively, or any other similar or related federal legislation or regulations.

(h) Government Development Bank. — Shall mean the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.

(i) Infrastructure. — Shall mean those capital works and facilities of substantial public interest, such as aqueduct and sewer systems, including all water supply, treatment and distribution systems, and waste water treatment and disposal systems, improvements financed under the provisions of the Federal Clean Water Act and the Federal Drinking Water Act, or any other similar or related federal legislation or regulations, solid and hazardous waste disposal systems, resource recovery systems, electric power systems, expressways, highways, pedestrian walkways, parking facilities, airports, convention centers, bridges, maritime ports, tunnels, transportation systems including mass transit systems, communication systems including telephones, industrial facilities, land and natural resources, public housing projects and all other tourist, medical and agro-industrial infrastructure facilities.

(j) Development Fund. — Shall mean the Infrastructure Development Fund created under § 1914a of this title, pursuant to the provisions of §§ 431 et seq. of Title 27.

(k) Assistance contract. — Shall mean any contract, including a lease, sublease, or other type of agreement, contract or written instrument, executed between the Authority and a benefited agency, whereby the Authority agrees to provide to said entity financial, administrative, consulting, technical, advisory or any other type of assistance, pursuant to the provisions of this chapter.

(l) Person. — Shall mean any individual, corporation, partnership, joint venture, association, stock company, trust or unincorporated organization, or any agency, department, instrumentality, or political subdivision of the Government of the Commonwealth of Puerto Rico, or any other entity created, organized or existing under the laws of the latter or of the United States or any of its statesor of any foreign country or any combination of the above.

(m) Clean Water Act. — Shall mean the 1944 Clean Water Act, as amended, and regulations promulgated thereunder.

(n) Fees for benefits. — Shall mean the fees imposed on the real property of a special improvements district which is exclusively and substantially benefited by the improvement, construction or repair of infrastructure carried out or being carried out in said district, to defray the cost and maintenance of said improvement, construction or repair. The amount to be imposed on each property shall be based solely on the profit or utility said particular property receives. The fees for benefits shall constitute a tacit legal lien security for the payment of the fees for benefits described in the resolution issued by the Authority pursuant to the provisions of this chapter.

(o) Special improvements district, district(s). — Shall mean that geographical area established pursuant to the procedures provided by this chapter, which benefits particularly and substantially by the improvement, construction or repair of infrastructure carried out or being carried out in said district pursuant to the provisions of this chapter.

(p) Planning Board. — Shall mean the Puerto Rico Planning Board created by virtue of §§ 62 et seq. of Title 23.

(q) United States. — Shall mean the United States of America.

(r) Corpus Account. — Shall mean the account of the corpus of the Development Fund as established in subsection (a) of § 1914a of this title. The capital yield generated by this account must be used as established in § 1914a of this title.

(s) Additional accounts. — Shall mean accounts created within the Development Fund, in addition to the Corpus Account, that are needed to carry out the purposes of this chapter, as established in subsection (a) of § 1914a of this title.

History —June 21, 1988, No. 44, § 3; July 7, 1997, No. 32, § 2; June 24, 1998, No. 92, § 1; Jan. 14, 2009, No. 3, § 1.