Title 48Territories and Insular PossessionsRelease 119-73

§2213 Critical Projects

Title 48 › Chapter CHAPTER 20— - PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › Subchapter SUBCHAPTER V— - PUERTO RICO INFRASTRUCTURE REVITALIZATION › § 2213

Last updated Apr 6, 2026|Official source

Summary

Project sponsors can send any existing, ongoing, or planned project to the Revitalization Coordinator while the Oversight Board is active. The Coordinator must get basic details: how the project affects emergencies, what immediate private or other funding is available, total cost and any Puerto Rico government money needed, the environmental and economic benefits (including jobs for Puerto Rico residents and any effect on ratepayers), and the project’s current status. The Coordinator can also ask for extra information for energy projects, like whether the project will cut oil use, boost efficiency, switch fuels to natural gas or renewables, use local energy sources, help move toward privatized generation, support the Energy Commission’s goals, or follow a specific study’s recommendations. Within 20 days of getting a project, the Coordinator must name all Puerto Rico agencies involved in permitting. Each named agency then has 20 days to give its expedited permitting process. If an agency misses that deadline, the Coordinator and the Governor must make one in 20 days. Agencies must use this expedited process and give Critical Projects top priority. The Coordinator, working with the Governor and those agencies, must make a Critical Project Report within 60 days that rates the project, includes the Governor’s recommendation, and gets required input from the Planning Board or Energy Commission when land-use or electric plans are affected. The report goes public for 30 days of comment; the Coordinator must reply to comments within 30 days after the comment period closes and then send the report to the Oversight Board within 5 days. The Oversight Board then has 30 days to approve or reject the project by a majority vote. If approved, the project is a Critical Project; if rejected, the Board must give written reasons.

Full Legal Text

Title 48, §2213

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)(1)Any Project Sponsor may submit, so long as the Oversight Board is in operation, any existing, ongoing, or proposed project to the Revitalization Coordinator. The Revitalization Coordinator shall require such submission to include—
(A)the impact the project will have on an emergency;
(B)the availability of immediate private capital or other funds, including loan guarantees, loans, or grants to implement, operate, or maintain the project;
(C)the cost of the project and amount of Puerto Rico government funds, if any, necessary to complete and maintain the project;
(D)the environmental and economic benefits provided by the project, including the number of jobs to be created that will be held by residents of Puerto Rico and the expected economic impact, including the impact 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 Revitalization Coordinator may require such submission to include any or all of the following criteria that assess how the project will—
(i)reduce reliance on oil for electric generation in Puerto Rico;
(ii)improve performance of energy infrastructure and overall energy efficiency;
(iii)expedite the diversification and conversion of fuel sources for electric generation from oil to natural gas and renewables in Puerto Rico as defined under applicable Puerto Rico laws;
(iv)promote the development and utilization 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 affordable energy rates for consumers and business; or
(vii)achieve in whole or in part the recommendations, if feasible, of the study in section 505(d) of this title 11 See References in Text note below. to the extent such study is completed and not inconsistent with studies or plans otherwise required under Puerto Rico laws.
(2)Within 20 days of receiving a project submission 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, approval, authorizing, or other activity related to the development of such project submission.
(3)(A)Not later than 20 days after receiving a project submission, each Puerto Rico Agency identified in paragraph (1) shall submit to the Revitalization Coordinator the Agency’s Expedited Permitting Process.
(B)If a Puerto Rico Agency fails to provide an Expedited Permitting Process within 20 days of receiving a project submission, the Revitalization Coordinator shall consult with the Governor to develop within 20 days an Expedited Permitting Process for the Agency.
(C)The Revitalization Coordinator shall require Puerto Rico Agencies to implement the Expedited Permitting Process for Critical 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 Territorial Instrumentality or municipality.
(b)(1)For each submitted project, the Revitalization Coordinator in consultation with the Governor and relevant Puerto Rico Agencies identified in subsection (a)(2) shall develop a Critical 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 provide a recommendation during the development of the Critical Project Report, the failure shall constitute a concurrence with the Revitalization Coordinator’s recommendation 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 determination by the Planning Board will be required 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 ineligible for Critical Project designation.
(D)In the case of an Energy Project that will connect with the Puerto Rico Electric Power Authority’s transmission or distribution facilities, a recommendation by the Energy Commission of Puerto Rico, if the Energy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 54–2014. If the Energy Commission determines the Energy Project will adversely affect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for Critical 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 Revitalization Coordinator whether the project should be considered a Critical Project.
(2)Immediately following the completion of the Critical Project Report, the Revitalization Coordinator shall make such Critical Project Report 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 22 So in original. period and make the responses publicly available.
(3)Not later than 5 days after the Revitalization Coordinator has responded to the comments under paragraph (2), the Revitalization Coordinator shall submit the Critical Project Report to the Oversight Board.
(c)Not later than 30 days after receiving the Critical Project Report, the Oversight Board, by majority 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 Coordinator in writing the reasons for disapproval.

Legislative History

Notes & Related Subsidiaries

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 section 1492a of this title.

Reference

Citations & Metadata

Citation

48 U.S.C. § 2213

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73