P.R. Laws tit. 23, § 3203
(a) Powers of the Secretary. — The powers and duties of the Authority shall be exercised by the Secretary, but he/she shall not be entitled to receive compensation for said services. The Secretary may take any action deemed convenient or necessary to achieve the objectives of this chapter, including, but without it being understood as a limitation, the following duties, powers and authority:
(1) Organize the Authority.
(2) Establish the general policy of the Authority in order to comply with the objectives of this chapter in harmony with the transportation Plan.
(3) Authorize the capital program of the Authority and the annual operating budget.
(4) Appoint, as deemed necessary, an executive officer and establish his/her duties, powers and authority pursuant to the provisions of this chapter, and fix his/her remuneration.
(5) Adopt and approve the regulations that shall govern the internal operations of the Authority as well as those deemed necessary to execute the provisions of this chapter pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”.
(6) Shall have the authority to establish through regulations, special rates, including free of charge, for users of the transportation system offered by the Authority who are residents of Vieques and Culebra and are deserving thereof.
(8) Carry out any action that is deemed convenient or necessary to attain the objectives of this chapter as it may be subsequently amended.
(7) Shall have the authority to enter into contracts with any government or municipal entity, municipal consortium, public entity, department, agency or private entity legally constituted in Puerto Rico, for the operation of the service.
(b) Powers of the Authority. — The Authority shall be empowered to develop and improve, own, operate and manage all types of maritime traffic facilities and maritime transportation services between any points within the jurisdiction of Puerto Rico, except as provided in § 3214 of this title. The Authority may exercise all the necessary or inherent powers to carry out its corporate purposes, including, but not limited to:
(1) Have perpetual existence as a corporation.
(2) Formulate, adopt, amend and repeal regulations to exercise its powers.
(3) Adopt, alter and use a corporate seal as it wishes.
(4) Own in its own rights, or otherwise, traffic facilities and any other property that is used or useful with regard thereto, and administer and operate said facilities, or contract them to any person, or under the direction of its own officials, agents and employees, or through or by them.
(5) Have absolute control and supervision of any maritime traffic facility that it owns, manages or operates, under the provisions of this chapter, including but without being limited to the determination of the site, location, and the establishing and control of the points of entry and exit of said facilities, and the construction, maintenance, repair and operation thereof.
(6) To sue and be sued in its own name, to file complaints and defend itself in all courts of justice and administrative bodies, file any judicial action to protect or enforce any right conferred to it by law, contract or other agreement.
(7) Receive, or accept and administer any gifts, subsidies, loans or gifts of any properties or monies and contract, lease, agree on or execute any other transaction with any federal agency, any state, the Government of Puerto Rico, or any political subdivision, municipality, instrumentality, agency or department thereof, spend the revenues thereof for any of its corporate purposes, and comply with all the conditions and requirements with regard thereto.
(8) Appoint and/or contract officials, agents and employees and establish their powers and duties as determined by the Authority, and delegate the functions and powers granted in this chapter on those persons designated by the Authority, and fix and pay the corresponding remuneration. Provided, however, That the Authority shall assume all the obligations of the Ports Authority under the collective bargaining agreements in effect between said Ports Authority and the unions that represent the employees or workers covered by this chapter. To those effects, it is expressly established that the provisions of §§ 61 et seq. of Title 29, known as the “Puerto Rico Labor Relations Act”, shall be applicable in all collective bargaining. The directors, officials and employees of the Authority shall be subject to the provisions of §§ 1801 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Government Ethics Act”.
(9) Acquire in any legal manner, including, but without being limited, the purchase, lease, donation, exchange or by other legal means of real or personal property, improved or not improved, with or without lien, and property rights over land, as may be necessary or convenient to exercise the powers and functions conferred to the Authority by this chapter.
(10) Procure insurance against losses in the amounts deemed proper and in accordance to the norms established by law or regulations.
(11) Invest its funds according to the policy established by the Government Development Bank for Puerto Rico for the investment of public funds.
(12) Fix, impose and collect rents, fees, rates and other charges, hereinafter “charges”, for the use of any of its maritime traffic facilities or other properties, and for its services. These charges, along with other funds legally available for the Authority and those periodic appropriations made by the Legislature, shall be sufficient to at least cover the expenses incurred by the Authority for the development, improvement, extension, repair, maintenance and operation of its maritime traffic facilities and services and to promote the broadest use possible thereof that is economically feasible. Provided, That the Secretary may make changes to the general rate structure of the Authority, and if the he/she should determine it is necessary, for said changes to be immediately effective, and in the case of temporary or emergency increases, he/she shall present the rate regulations pursuant to the provisions of the above mentioned §§ 2101 et seq. of Title 3.
(13) Contribute to the development of the Transportation Plan and establish and implement the necessary mechanisms to plan, evaluate and effectively develop a coordinated system of maritime traffic facilities.
(14) Sell, lease, transfer or otherwise dispose of that property that, upon compliance with the regulations approved to such effects, are no longer useful to carry out the purposes of this chapter.
(15) Exercise any powers inherent to the functions, prerogatives and responsibilities conferred to it by this chapter and develop any act or activity that is necessary or convenient to achieve its purposes.
(16) Promulgate such regulations that are needed to conduct its affairs as provided by law.
(17) To promulgate the necessary regulations and to enter into agreements to ensure that all crew members of the maritime route covering the Island Municipalities of Vieques and Culebra by way of Isla Grande are specially trained to handle emergency situations, ensure the wellbeing, assist persons with special needs or disabilities and provide first aid to any person, whether he/she is a resident, visitor or tourist who uses the maritime transportation service.
(18) The Maritime Transport Authority is hereby empowered to enter into agreements with the Medical Emergency Corps in order to start providing the corresponding specialized training to fulfill the purposes of this chapter.
History —Jan. 1, 2000, No. 1, § 4; Aug. 26, 2004, No. 231, § 4; Aug. 4, 2009, No. 52, § 2, eff. 180 days after Aug. 4, 2009.