Bill aims to compel concrete plants to take role in preventing illegal construction

Sen. Eliezer Molina Pérez

By THE STAR STAFF

Concrete plants that supply construction materials without requiring construction permits will face economic penalties if a new Senate bill aimed at curbing illegal construction becomes law.

The Planning, Permits, Infrastructure, and Urban Development Committee, chaired by Sen. Héctor “Gaby” González López, held a public hearing on Tuesday to discuss Senate Bill 744, authored by Sen. Eliezer Molina Pérez.

The bill aims to establish penalties for concrete plants that provide materials to construction projects lacking the necessary permits, in order to address the rise of informal construction practices.

González López emphasized the committee’s commitment to the bill’s important goals of protecting the environment, ensuring public safety and combating unpermitted construction.

While government agencies, professional associations and construction industry representatives did not oppose the bill’s objectives, they raised concerns about its implementation. A primary concern was the suggestion to delegate oversight and auditing of the permitting process -- currently managed by state agencies such as the Puerto Rico Planning Board, Permits Management Office (OGPe by its acronym in Spanish), Department of Natural and Environmental Resources (DNER), and municipalities -- to private concrete producers. Critics argued that this would diverge from established public policy.

Moreover, officials pointed out that concrete plants do not have the legal authority, resources, or means to audit or verify the validity of permits issued by the OGPe or municipalities, rendering the proposed penalty system unjust and ineffective.

The Department of Natural and Environmental Resources (DRNA) and OGPe pointed out that the bill imposes new responsibilities that fall outside their current duties, such as auditing conditional sales of commercial products, which could result in extraordinary expenses exceeding their budgets and would lack the necessary human, technological and financial resources.

Additionally, construction industry representatives warned that the bill could lead to negative economic repercussions, increased operating costs and the establishment of a parallel bureaucracy that might delay reconstruction and investment on the island.

“The goal of eliminating informal construction is a necessary priority,” González López said. “We acknowledge the intent of Senate Bill 744, and our focus now is on collaborating with both the public and private sectors to enhance the legislation through consensus, with the shared aim of stopping construction that does not comply with current laws and regulations.”

He went on to note that the committee would thoroughly analyze all comments and briefs submitted and would soon convene an executive meeting. The Puerto Rican Concrete Association and other stakeholders will be invited to explore alternatives for a collaborative oversight role between the private sector and the government in efforts to eliminate informal construction.