UNOFFICIAL TRANSLATION PRESENTATION OF THE HONORABLE ABRAHAM PEÑA NIEVES, ON MAYOR OF CULEBRA Fr DE C 1649 TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND PLANNING, TRADE AND INDUSTRY AND TELECOMMUNICATIONS OF THE HOUSE OF REPRESENTATIVES May 20, 2009 Honorable Jose Chico, president of the Committee on Planning and Economic Development, Trade and Industry and Telecommunications of the House of Representatives. Gentlemen of this Committee: Appearing before the Honorable Commission, Abraham Peña Nieves, Mayor of the Municipality of Culebra, to express our opinion on the Q. C of the 1649 Advisory Committee. First, we want to congratulate Governor Luis Fortuño for its initiative to submit legislation to reform the permitting process so as to expedite the development of infrastructure projects in all municipalities of Puerto Rico. The municipality of Culebra is affected by the inaction of the agencies of state government that is sitting over the projects of importance to culebrenses, while projects of interest are being expedited by the land speculators. Thanks to the existence of the Conservation and Development Authority of the Municipality of Culebra, which gives endorsement to many of the projects and serves as a road runs to push the action to state agencies, some permits culebrenses interest to be achieved more quickly. Other sleep, the sleep of the righteous for years. For example, we have a project for the development of solar industry, which has all the permits federal agencies, but for more than five years, since 2005, when asked the initial endorsement, the Port Authority has decided to stop project. In this regard, we expect the reform process ends permits the attitude of central government agencies and we congratulate Mr. Governor and the Commission for this initiative. However, members of this Committee, we must oppose the content of Article 19.5, 19.6 and 19.7 C P from 1649 to dismantle the proposed role of the Authority for Conservation and Development of Culebra. This article proposes to amend the law that created the Authority, (Law No. 66, June 22, 1975, known as the Law of Conservation and Development of Culebra), articles 4, 5, 6 and 7 to change the composition of the Board of the Authority, its powers and duties, prohibitions and guides. We object strenuously to the approval of the measure as it has been proposed in this article. It is intended to take to the Municipality of Culebra and its Mayor, the elected official most closely to the needs of its people, its influence on the activities of the Authority. At a time when we talk about municipalization and decentralization, this project intends otherwise, the party noted. Previously in 2005 Senator Arango proposed a similar measure with Senator Hernandez Mayoral. This was approved by the senate to review with the help of then-ordinator De Castro Font, without mention of public hearings. But thanks to our bi-chamber and the intervention of the now Speaker of the House of Representatives, the Honorable Jennifer
Gonzalez, then president of the Government Commission, the measure was stopped. Back then, dark forces, involved in the development of mega projects in the municipality of Culebra, through the mechanism involved in the Senate to remove half of the Authority of Conservation and Development of Culebra and approve projects without consulting the residents of the municipality. Do not forget the original which was created under the authority of Conservation and Development of Culebra, which I was privileged to lead in the past. Was not created to promote economic development in the style of the Big Island; structures, cement, buildings, large shopping malls, four cars per household ... It was created to maintain a balance between development and conservation and to avoid the problems that such development has on the Big Island. Culebra in the past promoted the development of several hotel projects in the style of the Big Island, with all the means of exemptions, taxes and patents, but they forgot that in Culebra, yet today there is no sewage system and there is no provision of waste water. Even today, there are limitations for the disposal of solid waste, a prerequisite for the development of such a project. Now, thanks to our focus, the sewer system is being built, after a decade has passed since Governor Rossello approved funds. Article 19.5 of the C P 1649, page 143, line 6, until section 19.8, line 22, page 156 proposes to amend several articles of the Law, specifically Article 4 of PR Law No. 66 of June 22 1975, as amended, to change the role of the Authority to adopt an active plans for the conservation of Culebra as merely a passive advise the Planning Board. Article 5 of that Act is amended to remove the powers to approve, amend and / or repeal regulations for carrying out public policy on the development of a Culebra. Article 6 is amended to remove the power to grant endorsements to projects. Article 7 is amended to limit their role to suggest to the Planning Board should consider public policy in this draft law, Mr. President, devotes 13 pages to the Conservation and Development Authority of Culebra. However, we believe that the P C of the 1649 can be approved with amendments. We suggest the following amendments. 1. Article 1.3 should be amended P from C. 1649 to read the relevant part, page 14, lines 2 through 7: The provisions of this Law shall not apply to municipalities, the date of adoption of this law, have obtained a delegation agreement subject to the terms and conditions of the delegations of powers contained in this agreement, except for those matters which the Planning Board has reserved in the agreement or as provided in Article 2.7 of this Law also apply to the Authority for the Conservation and Development Culebra. 2. Furthermore, to bring this article with the relevant part of Article 19 of the law on amendments and exemptions should be removed sections 19.5, 19.6 and 19.7 and 19.8 of the law in all matters relating to the current role of the Authority, including its Board of Directors, Executive Director, composition, powers and duties, prohibitions, guidelines and standards.
3. Other sections of Article 19 must be re-listed. It's unbelievable that this bill devotes 13 pages, I repeat, 13 pages to the Authority for Conservation and Development of Culebra. What hidden interests are behind this dark part of the project, moreover, as I indicated at the beginning of this paper with good measure, who, with land or interests in overdevelopment disproportionate to our ecotourism, has put his hand in this project? Sir, land speculation Culebra by economic interests unrelated to the needs of our residents is so great that a resident of our town can not acquire a plot to build a residence, because the cost of 900 square meters of land exceeds $ 100 thousand dollars. Mr. President: Our residents are sure you will represent us well in this Legislature. Do not let them destroy the ecological value of Culebra. People come here to lobby in favor of removing the authority of Conservation and Development of Culebra. To those people, I, Abraham Peña, as Mayor and representative of Culebra away, I would like to recall the words of former governor Pedro Rossello in a presentation to the Congress: "Do not push it." The Culebrenses will fight the land speculators and Culebra as it fought in 2005, 4 years ago with the help of the Speaker of the House today, the Hon Jennifer Gonzalez, who stopped those intentions on that occasion. If we fail to make the case in the House, we will go to the Senate, if we fail to make the case in the Senate, we will go to the Governor. If you still do not manage to stop the speculators, we will fight with the same energy that the Marines were fought several decades ago on Culebra. The above are our recommendations for amendments to the P C. 1649 under consideration by this Committee. We end this exhibition by thanking the Committee for giving us the opportunity to express our recommendations. I am at your disposal to clarify any questions. SIGNED: ____________________ Abraham Peña Nieves Mayor of Culebra May 20, 2009
y 20, 2009