GOVERNOR Ralph DLG Torres on Tuesday vetoed Senate Local Bill 22-2, which proposes to allow development projects in Sabana Heights, a conservation area on Rota.
Authored by Sen. Teresita Santos, S.L.B. 22-2 would allow the secretary of the Department of Lands and Natural Resources, the director of Fish and Wildlife and the Rota resident director of DLNR to develop plans and procedures to reasonably minimize the impacts of, and allow within the conservation area, the following projects:
• Installation of a Department of Fire and Emergency Medical Services repeater system.
• Department of Public Safety Shooting Range expansion and improvement.
• Mayor of Rota “Freedom is Nature” 360 Trail and Overlook.
• Coffee Project.
• Organic Farming.
• Any other future municipality projects provided that such projects are approved by a Rota Legislative Delegation resolution and a Rota Municipal Council resolution.
According to S.L.B. 22-2, Rota Local Law 9-1 “is too restrictive and practically strangles any important and necessary municipal projects.”
Although the conservation area is important and the protection of the aquifer is equally important, the local bill says, “it is important to allow carefully planned projects to minimize the impact to the conservation area and the aquifer.”
In his veto message, however, the governor cited the attorney general’s advice regarding the constitutional issues that would arise if the measure is enacted.
The governor quoted the attorney general as saying that S.L.B. 22-2 “encroaches on the authority of DLNR. The exercise of DLNR’s authority over conservation areas and activities is firmly committed to the discretion of the DLNR secretary as set forth in Commonwealth law and does not require the approval of the Rota Legislative Delegation or the Rota Municipal Council.”
If the authority of the DLNR secretary to oversee the conservation area is to be restricted as contemplated in the local bill, Commonwealth law should be enacted by the Legislature to effectuate such changes to DLNR’s jurisdiction, the governor said.
He added that the enactment of a local bill cannot override the authority of and jurisdiction given to DLNR under Commonwealth law.
Furthermore, the governor said, under the Local Law Act, although local delegations may enact several types of conservation measures, they cannot contravene Commonwealth law. Local bills on conservation matters must be more restrictive than Commonwealth law, he added.
“Accordingly, I must exercise my constitutional authority to veto this bill,” the governor said.
