---
kind: "section"
citation: "48 U.S.C. § 2213"
title: "48"
title_heading: "Territories and Insular Possessions"
number: "2213"
heading: "Critical Projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/48/2213"
units:
  - "Chapter 20 — Puerto Rico Oversight, Management, and Economic Stability"
  - "Subchapter V — Puerto Rico Infrastructure Revitalization"
---

# §2213. Critical Projects

- (a) **Identification of projects—**
  - (1) **Project submission—** Any [Project Sponsor](/usc/48/2211.md?p=12) may submit, so long as the [Oversight Board](/usc/48/2104.md?p=17) is in operation, any existing, ongoing, or proposed project to the Revitalization Coordinator. The Revitalization Coordinator shall require such submission to include—
    - (A) the impact the project will have on an [emergency](/usc/48/2211.md?p=5);
    - (B) the availability of immediate private capital or other funds, including loan guarantees, loans, or grants to implement, operate, or maintain the project;
    - (C) the cost of the project and amount of [Puerto Rico](/usc/48/2104.md?p=5) government funds, if any, necessary to complete and maintain the project;
    - (D) the environmental and economic benefits provided by the project, including the number of jobs to be created that will be held by residents of [Puerto Rico](/usc/48/2104.md?p=5) and the expected economic impact, including the impact on ratepayers, if applicable;
    - (E) the status of the project if it is existing or ongoing; and
    - (F) in addition to the requirements found in subparagraphs [(A)](#a-1-A) through [(E)](#a-1-E), the Revitalization Coordinator may require such submission to include any or all of the following criteria that assess how the project will—
      - (i) reduce reliance on oil for electric generation in [Puerto Rico](/usc/48/2104.md?p=5);
      - (ii) improve performance of energy infrastructure and overall energy efficiency;
      - (iii) expedite the diversification and conversion of fuel sources for electric generation from oil to natural gas and renewables in [Puerto Rico](/usc/48/2104.md?p=5) as defined under applicable [Puerto Rico](/usc/48/2104.md?p=5) laws;
      - (iv) promote the development and utilization of energy sources found on [Puerto Rico](/usc/48/2104.md?p=5);
      - (v) contribute to transitioning to privatized generation capacities in [Puerto Rico](/usc/48/2104.md?p=5);
      - (vi) support the [Energy Commission of Puerto Rico](/usc/48/2211.md?p=3) in achievement of its goal of reducing energy costs and ensuring affordable energy rates for consumers and business; or
      - (vii) achieve in whole or in part the recommendations, if feasible, of the study in [section 505(d) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t48/s505/d))[^1] to the extent such study is completed and not inconsistent with studies or plans otherwise required under [Puerto Rico](/usc/48/2104.md?p=5) laws.
  - (2) **Identification of relevant Puerto Rico Agencies—** Within 20 days of receiving a project submission under [paragraph (1)](#a-1), the Revitalization Coordinator shall, in consultation with the [Governor](/usc/48/2211.md?p=8), identify all [Puerto Rico Agencies](/usc/48/2211.md?p=13) that will have a role in the permitting, approval, authorizing, or other activity related to the development of such project submission.
  - (3) **Expedited Permitting Process—**
    - (A) **Submission of Expedited Permitting Process—** Not later than 20 days after receiving a project submission, each [Puerto Rico Agency](/usc/48/2211.md?p=13) identified in [paragraph (1)](#a-1) shall submit to the Revitalization Coordinator the Agency’s [Expedited Permitting Process](/usc/48/2211.md?p=7).
    - (B) **Failure to provide Expedited Permitting Process—** If a [Puerto Rico Agency](/usc/48/2211.md?p=13) fails to provide an [Expedited Permitting Process](/usc/48/2211.md?p=7) within 20 days of receiving a project submission, the Revitalization Coordinator shall consult with the [Governor](/usc/48/2211.md?p=8) to develop within 20 days an [Expedited Permitting Process](/usc/48/2211.md?p=7) for the Agency.
    - (C) **Implementation and prioritization—** The Revitalization Coordinator shall require [Puerto Rico Agencies](/usc/48/2211.md?p=13) to implement the [Expedited Permitting Process](/usc/48/2211.md?p=7) for [Critical Projects](/usc/48/2211.md?p=2). [Critical Projects](/usc/48/2211.md?p=2) shall be prioritized to the maximum extent possible in each [Puerto Rico Agency](/usc/48/2211.md?p=13) regardless of any agreements transferring or delegating permitting authority to any other [Territorial Instrumentality](/usc/48/2104.md?p=19-A) or municipality.
- (b) **Critical Project Report—**
  - (1) **In general—** For each submitted project, the Revitalization Coordinator in consultation with the [Governor](/usc/48/2211.md?p=8) and relevant [Puerto Rico Agencies](/usc/48/2211.md?p=13) identified in [subsection (a)(2)](#a-2) shall develop a [Critical Project](/usc/48/2211.md?p=2) Report within 60 days of the project submission, which shall include:
    - (A) An assessment of how well the project meets the criteria in [subsection (a)(1)](#a-1).
    - (B) A recommendation by the [Governor](/usc/48/2211.md?p=8) whether the project should be considered a [Critical Project](/usc/48/2211.md?p=2). If the [Governor](/usc/48/2211.md?p=8) fails to provide a recommendation during the development of the [Critical Project](/usc/48/2211.md?p=2) Report, the failure shall constitute a concurrence with the Revitalization Coordinator’s recommendation in [subparagraph (E)](#b-1-E).
    - (C) In the case of a project that may affect the implementation of Land-Use Plans, as defined by Puerto Rico Act 550–2004, a determination by the [Planning Board](/usc/48/2211.md?p=11) will be required within the 60-day timeframe. If the [Planning Board](/usc/48/2211.md?p=11) determines such project will be inconsistent with relevant Land-Use Plans, then the project will be deemed ineligible for [Critical Project](/usc/48/2211.md?p=2) designation.
    - (D) In the case of an Energy Project that will connect with the [Puerto Rico Electric Power Authority](/usc/48/2211.md?p=14)’s transmission or distribution facilities, a recommendation by the [Energy Commission of Puerto Rico](/usc/48/2211.md?p=3), if the Energy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 54–2014. If the Energy Commission determines the Energy Project will adversely affect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for [Critical Project](/usc/48/2211.md?p=2) designation, provided that such determination must be made during the 60-day timeframe for the development of the [Critical Project](/usc/48/2211.md?p=2) Report.
    - (E) A recommendation by the Revitalization Coordinator whether the project should be considered a [Critical Project](/usc/48/2211.md?p=2).
  - (2) **Public involvement—** Immediately following the completion of the [Critical Project](/usc/48/2211.md?p=2) Report, the Revitalization Coordinator shall make such [Critical Project](/usc/48/2211.md?p=2) Report public and allow a period of 30 days for the submission of comments by residents of [Puerto Rico](/usc/48/2104.md?p=5) specifically on matters relating to the designation of a project as a [Critical Project](/usc/48/2211.md?p=2). The Revitalization Coordinator shall respond to the comments within 30 days of closing the coming[^2] period and make the responses publicly available.
  - (3) **Submission to Oversight Board—** Not later than 5 days after the Revitalization Coordinator has responded to the comments under [paragraph (2)](#b-2), the Revitalization Coordinator shall submit the [Critical Project](/usc/48/2211.md?p=2) Report to the [Oversight Board](/usc/48/2104.md?p=17).
- (c) **Action by the Oversight Board—** Not later than 30 days after receiving the [Critical Project](/usc/48/2211.md?p=2) Report, the [Oversight Board](/usc/48/2104.md?p=17), by majority vote, shall approve or disapprove the project as a [Critical Project](/usc/48/2211.md?p=2), if the [Oversight Board](/usc/48/2104.md?p=17)—
  - (1) approves the project, the project shall be deemed a [Critical Project](/usc/48/2211.md?p=2); and
  - (2) disapproves the project, the [Oversight Board](/usc/48/2104.md?p=17) shall submit to the Revitalization Coordinator in writing the reasons for disapproval.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original.

## Source credit

(Pub. L. 114–187, title V, § 503, June 30, 2016, 130 Stat. 598.)

## Notes

### Editorial Notes

### References in Text

Section 505(d) of this title, referred to in subsec. (a)(1)(F)(vii), is section 505(d) of title V of Pub. L. 114–187, June 30, 2016, 130 Stat. 602, which amended section 1492a of this title.