Mayors Federation conditions support for permits reform.

Mayors Federation President Gabriel Hernández Rodríguez

Both NPP & PDP mayors 

fear weakening of municipal autonomy

By THE STAR STAFF

Puerto Rico Mayors Federation President Gabriel Hernández Rodríguez stated on Monday that the organization that groups New Progressive Party (NPP) mayors supports the reform to the permits system currently under review by the Legislative Assembly, but he made his support contingent upon the approval of 48 amendments designed to protect municipal autonomy.

“Our support for the reform is conditioned upon the incorporation of these changes; once that occurs, it is crucial that the implementation of the new system be executed with agility to fulfill the objective of modernizing processes without infringing upon the powers of the municipalities,” Hernández Rodríguez said in a written statement.

“Puerto Rico needs a permits system that is more agile, transparent, and uniform; however, that process cannot take place at the expense of municipal autonomy,” he added. “As the bill is currently drafted, the supremacy clause could invalidate ordinances, land-use plans, and delegation agreements that have proven to be effective.”

The Mayors Federation appeared first, followed by the Puerto Rico Mayors Association, which groups mayors from the Popular Democratic Party, at public hearings held in the island House of Representatives regarding Administration Bill A-114 and its legislative versions. In its testimony, the federation presented arguments gathered from various municipalities and regional consortia involved in the processing of permits.

The proposal presented by the NPP mayors posits that the modernization of the system must go hand in hand with the preservation of municipal powers as recognized by the Autonomous Municipalities Act of 1991 and the Municipal Code. Among the requested changes are reducing the scope of the supremacy clause, preserving the technical function of the island Planning Board, and strengthening oversight of authorized professionals.

“We are proposing a path to improve the system without dismantling what is already working,” said Hernández Rodríguez, who is the mayor of Camuy. “For this reason, we propose oversight mechanisms for authorized professionals -- including licensing requirements, continuing education, and a public registry -- in addition to defining specific categories of intervention.”

The federation also supports amending Law 75-2019 to formally include municipalities within the scope of the Puerto Rico Innovation and Technology Service’s coverage and to address technological deficiencies that, as he noted, affect towns such as Florida, Las Marías, Maricao, and Canóvanas. Currently, this collaboration relies on administrative agreements and the use of federal American Rescue Plan Act funds, lacking any statutory provision to ensure its continuity.

“The [leaders] of both the House and the Senate have acknowledged that the bill requires adjustments, particularly regarding the definition of supremacy and the protection of municipal autonomy,” Hernández Rodríguez said. “We maintain direct communication with the legislative leadership, and two measures -- submitted by petition --are already on the agenda to address these amendments.”

The Mayors Association, meanwhile, raised strong objections to key elements of the Legislature’s proposed reform, arguing that several measures would weaken municipal authority and create new institutional conflicts. Aguada Mayor Christian Cortés Feliciano, speaking on behalf of the association, said that any “valid permitting reform” must uphold core public-policy principles, including explicit municipal intervention before the evaluation and approval of permits, rather than deferring to future regulations.

He added that adjudicative and regulatory powers must remain in government hands rather than be delegated to authorized private professionals. Any new regulations, he said, must also include procedural safeguards equal to or stronger than those in the Uniform Administrative Procedure Act.

Cortés Feliciano stressed that the reform should move Puerto Rico toward greater decentralization and regionalization, noting that this is the prevailing model in U.S. jurisdictions such as the state of Delaware and in planning systems worldwide. One of the association’s central concerns is the current structure that places the Planning Board (JP by its initials in Spanish) under the Department of Economic Development and Commerce (DDEC).

The mayors argued that the JP’s mission -- territorial planning and land-use management -- does not always align with the DDEC’s economic-development priorities.

Cortés Feliciano added that the JP should function as a separate secretariat reporting directly to the governor. The mayors also warned of a potential conflict of interest in allowing the DDEC to both issue permits and handle complaints about those same permits, calling it an “evident institutional conflict.”

The Mayors Association had submitted 46 amendments in the upper chamber.