How Puerto Rico is Addressing Environmental Justice

Environmental Justice Definitions

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Environmental Justice Mapping Tools

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Environmental Justice as a Policy of the Environmental Agency or Across All Agencies

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Consideration of Environmental Justice in Permitting

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Consideration of Environmental Justice in Enforcement

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Consideration of Environmental Justice in Land Use

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State Environmental Policy Act “Mini-NEPA”

Puerto Rico has a mini-NEPA statute, called the Environmental Public Policy Act (EPPA). “EPPA requires that state agencies study the environmental consequences of their actions, including permitting and financial assistance. It also requires them to take all feasible measures to avoid, minimize, and mitigate damage to the environment.” According to Ms. Santiago, EPPA requires cumulative impact analyses and environmental impact statements. However, it seems as though the law is not strictly enforced as environmental impact statements are rare.

Dedicated Funding to Environmental Justice Communities

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Consideration of Cumulative Impacts

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Prohibitions on Disparate Impact Discrimination

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Established Environmental Rights

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Environmental Justice as Part of Environmental Agency’s Mission

There is no explicit mention of environmental justice, however the current environmental agency in Puerto Rico is the Department of Natural and Environmental Resources (DNER), but it used to be called the Environmental Quality Board (EQB), so keep an eye out for that name as well. The DNER website has links to some environmental laws and regulations.

Environmental Justice as Part of Other Agency’s Mission

There is no explicit mention of environmental justice, however the DNER, Puerto Rico Planning Board, and Puerto Rico Energy Bureau share procedural rules called “Joint Regulations” or “Regulaciones Conjunto.”

Processes and Procedures (including Title VI)

Non-Discrimination Policy

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Grievance Procedures

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Enhanced Public Participation and Information Access

The Uniform Administrative Procedure Act. This Act contains various public participation requirements. § 2122 Public participation, 3 L.P.R.A. § 2122; § 2123 Public hearings, 3 L.P.R.A. § 2123; etc. See generally “Title 12. Conservation” of Puerto Rico Statutes & Court Rules for conservation and environmental laws.

Language Access

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Consultation with Indigenous Communities and Tribal Nations

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Governmental Environmental Justice Structures, Positions, and Funding Streams

Environmental Justice Coordinating Agency

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Environmental Justice Coordinator

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Environmental Justice Advisory Board

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Funding for Environmental Justice

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In 2019, Puerto Rico passed a climate change law called the Puerto Rico Energy Public Policy Act. The Act commits to 100% “renewable-energy sources by the year 2050 and phasing out all coal plants by 2028.”

Further, 22 L.P.R.A. §§ 1051–1056 (Westlaw) is the Puerto Rico Energy Transformation and Relief Act. According to our interviewees, this law requires a consideration of the environmental impacts of energy generation. This Act requires the Energy Bureau of the Public Service Regulatory Board to adopt rules to implement an Integrated Resource Plan (IRP).

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Constitutional Provisions

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Executive Orders

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Legislation and Statutes

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Regulations

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Policies/Guidance

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Mapping Tools

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Other

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