Municipalities warn of impact on autonomy in permitting reform.

Senate President Thomas Rivera Schatz

By THE STAR STAFF

Senate President Thomas Rivera Schatz said Thursday that the reform of the permitting system must be evaluated without compromising municipal powers, following concerns raised by San Juan, Bayamón and Carolina regarding autonomy and territorial planning.

“Senate Bill 1173 essentially addresses the operational framework of the permitting structure,” Rivera Schatz remarked during a public hearing. “Senate Bill 1183 is somewhat more complex, as it repeals 14 or 15 laws and proposes harmonizing nearly 30 additional statutes.”

The Committee on Innovation, Reform, and Appointments held its fourth public hearing regarding Senate Bill (SB) 1173 -- authored by Rivera Schatz -- and SB 1183, introduced by Gov. Jenniffer González Colón.

Rivera Schatz said he is concerned about altering special municipal laws that directly impact the daily operations of San Juan, including legislation pertaining to Río Piedras.

“From my perspective -- specifically in the case of San Juan -- there are certain special laws that do indeed influence the daily dynamics of municipal governance,” he said. “Consequently, this concerns me, as I believe that if something is functioning effectively, it should not be altered.”

Gladys Maldonado Rodríguez, director of the San Juan Permits Office, warned that SB 1183 fundamentally redefines the relationship between the central government and the municipalities.

She raised concerns regarding conditional municipal autonomy, the supremacy of central government regulations, the delegation of functions to accredited professionals, and limitations on municipal oversight authority.

Maldonado Rodríguez further argued that the bill adversely affects special plans and municipal regulations pertaining to Santurce, Río Piedras, Condado, Miramar and the Caño Martín Peña (Martín Peña Channel) area.

Among her recommendations, she proposed keeping existing municipal plans in force until the regulatory harmonization process is complete, and preserving the powers currently delegated to autonomous municipalities.

José Fullana, legal counsel for the Municipality of Bayamón, stated that SB 1183 alters the balance between the central government and the municipalities by transferring additional powers to the Central Permits Office and the Adjudicative Board.

In response to questions from Sen. Juan Oscar Morales Rodríguez, Fullana characterized several provisions as an “alteration of municipal autonomy.”

Fullana recommended that the determinations made by municipal adjudicative boards be in harmony with current territorial ordering plans, regulations, and municipal ordinances.

The Autonomous Municipality of Carolina submitted a written statement warning against the use of automatic permitting mechanisms and self-certification processes in residential and tourism zones, as well as in areas vulnerable to flooding.

Carolina argued that “simplifying should not be tantamount to deregulating,” and that “expediting cannot become a matter of granting approval without the responsible analysis required by the public interest.”

The municipality recommended excluding from automatic processes any projects located in flood-prone areas, environmentally sensitive sectors, and zones subject to special federal requirements.

Rivera Schatz said the panel would draft a final document with the recommendations and post it on the Senate’s website before considering any bill before the full body.