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2020 Fiscal Plan for Puerto Rico (DRA Exhibit 235) — Financial Oversight and Management Board for Puerto Rico

Date
2020-05-27

Summary

The 2020 Fiscal Plan for Puerto Rico, titled Restoring Growth and Prosperity, as certified by the Financial Oversight and Management Board for Puerto Rico on May 27, 2020, filed October 27, 2021 as DRA Exhibit 235, Doc. 18792-1 in Case 17-03283-LTS. A disclaimer states the plan is not an audit, is not a Title III plan of adjustment, and lists factors affecting projections, including the impact of the COVID-19 pandemic and federal disaster funding for Hurricanes Maria and Irma. The table of contents covers context, macroeconomic projections including the impact of the COVID-19 pandemic, a Debt Sustainability Analysis, and reform chapters on education, power, Medicaid, tax compliance and pensions. The 271-page document ends with Exhibit 152, a table of Medicaid reform implementation milestones and deadlines.

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Cite this document

“2020 Fiscal Plan for Puerto Rico (DRA Exhibit 235) — Financial Oversight and Management Board for Puerto Rico.” Original at www.courtlistener.com, dated 2020-05-27. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-05-27-kyc-company-litigation/, SHA-256 2880d39b99801d8c500e670b6a0d21d246a2d1acc4070b28a28df867de9412e8.

Full text

Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08   Desc:
                    Exhibit DRA Exhibit 235 Page 1 of 271




                        2020 Fiscal Plan for Puerto Rico


                        Restoring Growth
                        and Prosperity
                        As certified by the Financial Oversight and Management
                        Board for Puerto Rico



                        May 27, 2020




                                                                  DRA Ex. 235
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                    Exhibit DRA Exhibit 235 Page 2 of 271


                                                                 DISCLAIMER

     The Financial Oversight and Management Board for Puerto Rico (the "FOMB," or "Oversight Board") has formulated this 2020
     Fiscal Plan based on, among other things, information obtained from the Commonwealth of Puerto Rico (the °Commonwealth:
     or the "Government")

     This document does not constitute an audit conducted in accordance with generally accepted auditing standards, an examination
     of internal controls or other attestation or review services in accordance with standards established by the American Institute of
     Certified Public Accountants or any other organization. Accordingly, the Oversight Board cannot express an opinion or any other
     form of assurance on the financial statements or any financial or other information or the internal controls of the Government and
     the information contained herein,

     This 2020 Fiscal Plan is directed to the Governor and Legislature of Puerto Rico based on underlying data obtained from the
     Government. No representations or warranties, express or implied, are made by the Oversight Board with respect to such
     information.

     This 2020 Fiscal Plan is not a Title Ill plan of adjustment. It does not specify classes of claims and treatments. It neither discharges
     debts nor extinguishes liens.

     This 2020 Fiscal Plan is based on what the Oversight Board believes is the best information currently available to it. To the extent
     the Oversight Board becomes aware of additional information after it certifies this 2020 Fiscal Plan that the Oversight Board
     determines warrants a revision of this 2020 Fiscal Plan, the Oversight Board will so revise it.

     For the avoidance of doubt, the Oversight Board does not consider and has not considered anything in the 2020 Fiscal Plan as
     a "recommendation" pursuant to Section 205(a). Nevertheless, to the extent that anything in the 2020 Fiscal Plan is ever deemed
     by the Governor or Legislature or determined by a court having subject matter jurisdiction to be a °recommendation" pursuant to
     Section 205(a), the Oversight Board hereby adopts it in the 2020 Fiscal Plan pursuant to PROMESA Section 201(b).

     Any statements and assumptions contained in this document, whether forward-looking or historical, are not guarantees of future
     performance and involve certain risks, uncertainties, estimates and other assumptions made in this document. The economic
     and financial condition of the Government and its instrumentalities is affected by various legal, financial, social, economic,
     environmental, governmental and political factors. These factors can be very complex, may vary from one fiscal year to the next,
     and are frequently the result of actions taken or not taken, not only by the Government and the Oversight Board, but also by other
     third-party entities such as the government of the United States. Examples of these factors include, but are not limited to:

          Any future actions taken or not taken by the United States government related to Medicaid or the Affordable Care Act

          The amount and timing of receipt of any distributions from the Federal Emergency Management Agency and private
          insurance companies to repair damage caused by Hurricanes Maria and Irma;

    -     The amount and timing of receipt of any amounts allocated to Puerto Rico and provided under the Community Disaster
          Loans Program;

    -     The amount and timing of any additional amounts appropriated by the United States government to address The impacts of
          the COVED-19 pandemic;

    -     The amount and timing of receipt of any additional amounts appropriated by the United States government to address the
          funding gap described herein;

    -     The timeline for completion of the work being done by the Puerto Rico Electric Power Authority rPREPA) to repair PREPA's
          electric system and infrastructure and the impact of any future developments or issues related to PREPA's electric system
          and infrastructure on Puerto Rico's economic growth;

    -     The impact of the COVED-19 pandemic on the financial, social, economic, and demographic condition of Puerto Rico;

    -     The impact of the measures described herein on outrnigration; and

    -     The impact of the resolution of any pending litigation in the Title ill cases

     Because of the uncertainty and unpredictability of these factors, their impact cannot be included in the assumptions contained in
     this document. Future events and actual results may differ materially from any estimates, projections, or statements contained
     herein. Nothing in this document should be considered as an express or implied warranty of facts or future events; provided,
     however, that the Government is required to implement the measures in this 2020 Fiscal Plan and the Oversight Board reserves
     all its rights to compel compliance. Nothing in this document shall be considered a solicitation, recommendation or advice to any
     person to participate, pursue or support a course of action or transaction, to purchase or sell any security, or to make any
     investment decision.

     By receiving this document, the recipient is deemed to have acknowledged the terms of these limitations. This document may
     contain capitalized terms that are not defined herein or may contain terms that are discussed in other documents or that are
     commonly understood. You should make no assumptions about the meaning of capitalized terms that are not defined, and you
     should refer questions to the Oversight Board at comments@oversightboard.pr.gov should clarification be required.




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                                                         List of Acronyms and Key Terms
     AAFAF               Puerto Rico Fiscal Agency and Financial Advisory Authority (Spanish acronym)
     ADEA                Agricultural Enterprise Development Administration (Spanish acronym)
     ADSEF               Family Socio-Economic Development Administration (Spanish acronym)
     AFSCME              American Federation of State, County and Municipal Employees
     AMPR                Asociacion de Maestros de Puerto Rico
     April 2018 Fiscal
                         Fiscal Plan certified April 2018, immediately following Hurricanes Maria and Irma which first set out the major reforms
     Plan
     ASEM                Puerto Rico Medical Services Administration (Spanish acronym)
     ASES                Puerto Rico Health Insurance Administration (Spanish acronym)
     CAFR                Comprehensive Annual Financial Report
     CAGR                Compound Annual Growth Rate
     CB0                 Congressional Budget Office
     CDBG                Community Development Block Grant
     CHIP                Children's Health Insurance Program (CHIP)
     COFIM               La Corporacion de Financiamiento Municipal
     COFINA              Puerto Rico Sales Tax Financing Corporation (Spanish acronym)
     COSSEC              Public Corporation for the Supervision and Deposit Insurance of Puerto Rico Cooperatives (Spanish acronym)
     COR3                Central Office for Recovery, Reconstruction, and Resiliency
     OCR                 Department of Corrections and Rehabilitation
     DB                  Defined Benefit pension plan
     DC                  Defined Contribution pension plan
     MEC                 Puerto Rico Deparlment of Economic Development Commerce (Spanish acronym)
     DOH                 Department of Health
     DOJ                 Department of Justice
     DPS                 Department of Public Safety
     DSA                 Debt Sustainability Analysis
     EITC                Earned Income Tax Credit
     ERS                 Employee Retirement System
     FAM                 Municipal Administration Fund
     FDI                 Foreign Direct Investment
     Federal Government The US Federal Government
     FEMA               Federal Emergency Management Agency
     FMAP                Federal Medical Assistance Percentage (FMAP)
     FOMB                Financial Oversight and Management Board for Puerto Rico
     FQHC                Federally Qualified Health Center
     FYTD                Fiscal-Year-To-Date
     GAO                 US Government Accountability Office
     GOB                 Government Development Bank for Puerto Rico
     GDP                 Gross Domestic Product
     GF                  General Fund
     GFEWG              Governor's Fiscal and Economic Working Group
     GNP                Gross National Product
     Government         Government of Puerto Rico
     Governor           Governor Wanda Vazquez Garced
     Hacienda           Puerto Rico Department of Treasury
     HHS                US Department of Health and Human Services
     HUD                US Department of Housing and Urban Development
     Hurricanes         Hurricane Irma and Hurricane Maria
     IFCU               Independently Forecasted Component Units
     IMF                International Monetary Fund
     IPR                Invest Puerto Rico
     Island             Puerto Rico
     KPIs               Key Performance Indicators
     LEA                Local Education Agency
     March 2017 Fiscal Fiscal Plan certified by the Financial Oversight and Management Board in March 2017, before Hurricanes Maria and Irma hit
     Plan               the Island
     MADS                Maximum Annual Debt Service
     MCOs                Managed Care Organizations
     MFCU                Medicaid Fraud Control Units
     Mi Salud            Medicaid program in Puerto Rico (now called VITAL)
     MMIS                Medicaid Management Information System
     NAP                 Nutrition Assistance Program (Spanish: Programs de Asistencia Nutrrcional. PAN)
     NRW                 Non-Resident Withholdings
     OCFO                Office of the CFO
     October 2018 Fiscal Fiscal Plan certified by the Financial Oversight and Management Board in October 2018, updated for 2018 revenue and
     Plan                expenditure actuals
     OMB                 Office of Management and Budget
     P3                  Public Private Partnerships
     P3 Authority        Public Private Partnership Authority
     PA                  Public Assistance
     Parties             AAFAF and the Government



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                        Defined benefit actuarial responsibility program by which agencies and instrumentalities are responsible for paying their
     PaySo
                        pensions obligations on an annual basis via a ''PayGo Change"
     PEA                Public Buildings Authority
     Pia tino           Medicare Advantage program that also provides Medicaid wraparound services equivalent to Mi Salud I VITAL program
     PMO                Program Management Office
     PMPM               Per Member Per Month
     PRASA              Puerto Rico Aqueduct and Sewer Authority
     PRCCDA             Puerto Rico Convention Center District Authority
     PRDE               Puerto Rico Department of Education
     PREB               Puerto Rico Energy Bureau
     PREMA              Puerto Rico Emergency Management Agency
     PREPA              Puerto Rico Electric and Power Authority
     PRHFA (or HFA)     Puerto Rico Housing Finance Authority
     PRHTA (or NIA)     Puerto Rico Highway and Transportation Authority
     PRIDCO             Puerto Rico Industrial Development Company
     PRITS              Puerto Rico Information Technology Service
     PROMESA            Puerto Rico Oversight, Management and Economic Stability Act
     PRPB               Puerto Rico Police Bureau
     PRTC               Puerto Rico Tourism Corporation
     PSC                Puerto Rico Public Service Commission
     RFOP               Request for Proposal
     SCO                State Coordinating Officer
     SRF                Special Revenue Fund
     SR                 Structural Reform
     SLIT               Sales and Use Tax
     SIFC               State Insurance Fund Corporation
     TANF               Temporary Assistance for Needy Families
     UPR                University of Puerto Rico
     WIOA               Workforce Innovation and Opportunity Act
     2019 Fiscal Plan   Fiscal Plan certified by the Financial Oversight and Management Board in May 2019




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                                     Table of Contents
     Executive Summary                                                                    8
     PART I: Context for Puerto Rico's current economic and fiscal challenges            20

     Chapter 1. Long-term economic trends in Puerto Rico                                 20
     Chapter 2. Enactment of PROMESA                                                     21
     Chapter 3. Fiscal plan updates due to natural disasters and emergencies             22
     PART IL Puerto Rico's path to fiscal and economic sustainability                    25
     Chapter 4. Macroeconomic and demographic trajectory                                  25
        4.1 Impact of the global COVID-19 pandemic                                        26
        4.2 Federal and local relief spending for Hurricanes Maria and Irma, earthquakes,
                and the global COVID-19 pandemic                                          28
        4.3 Impact of fiscal or Government efficiency measures                            36
        4.4 Impact of structural reforms                                                  37
        4.5 Population projections                                                        37
        4.6 Impact of First Circuit ruling on Supplemental Security Income benefits       38
     Chapter 5. Fiscal Plan financial projections (FY2o2o-FY2025)                         39
        5.1     Baseline revenue forecast                                                 40
        5.2 Baseline expenditure forecast                                                 47
        5.3 Surplus potentially not available for Commonwealth                            53
     Chapter 6. Long-term projections and Debt Sustainability Analysis (DSA)              53
        6.1 Long-term macroeconomic, revenue, and expenditure projections                 54
        6.2 Debt Sustainability Analysis (DSA)                                            59
     Part III. Investments to revitalize Puerto Rico                                     67
     Chapter 7. Strengthening Puerto Rico's technology sector                            71
        7.1     Broadband infrastructure                                                 71
        7.2     215t Century Technical and Business Education Fund                       74
     PART IV: Restoring growth to the Island                                             76
     Chapter 8. Human capital & welfare reform                                           78
        8.1 Basis for human capital and welfare reforms                                  78
        8.2 Broadly publicize an Earned Income Tax Credit (EITC)                         8o
        8.3 Introduce a Nutritional Assistance Program (NAP) work/volunteer
                requirement                                                              82
        8.4 Create high-quality workforce development programs                           84
     Chapter g. K-12 education reform                                                    97
        9.1     Identify goals and design a strategic plan to guide reforms             ioo
        9.2 Launch evidence-based curriculum reforms                                    102
        9.3 Create a post-COVID-19 back-to-school plan and stand up distance learning
                capabilities                                                            104
        9.4 Improve professional development opportunities for directors and teachers   107
        9.5 Make targeted investments to boost family engagement                        109
        9.6 Systematically collect, manage, and leverage data                            111
     Chapter io. Ease of doing business reform                                          113




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        10.1 Current state of business regulation, investment promotion, and tourism
                attraction                                                                   113
        10.2 Streamline permits to promote business activity and public safety               116
        10.3 Overhaul property registration to facilitate financial transactions and promote
                disaster-preparedness                                                        121
        10.4 Simplify paying taxes to spur economic activity                                 123
        10.5 Reduce occupational licensing to facilitate labor force participation           125
        10.6 Eliminate inefficient on-Island freight regulations                             126
        10.7 Strengthen offshore investment attraction efforts                               127
        10.8 Prime tourism attraction efforts for success                                    129
     Chapter it. Power sector reform                                                         132
        11.1 Introduction and context for energy reform                                      132
        11,2 Energy regulatory reform and oversight                                          134
        11.3 Vision and structure for an energy system operator                              138
        11.4 Energy sector debt restructuring                                                138
        11.5 Implementation and enforcement of power sector reform                           139
     Chapter 12. Infrastructure reform                                                       140
        12.1 Current state of infrastructure and capital investment                          140
        12.2 Implementation of infrastructure reform                                         141
        12.3 Implementation of public transportation reform                                  142
     PART V: Transforming government to better serve the Island                            145
     Chapter 13. Agency efficiency reform                                                 147
        13.1 Agency operational efficiencies and improvements                             149
        13.2 Investing to support agency efficiency and recovery                          152
        13.3 Department of Education (PRDE)                                               152
        13.4 Department of Health (DOH)                                                   170
        13.5 Department of Public Safety (DPS)                                            177
        13.6 Department of Corrections and Rehabilitation (DCR)                           183
        13.7 Department of Economic Development and Commerce (DDEC)                       188
        13.8 Puerto Rico Innovation and Technology Services (PRITS)                       191
        13.9 Legislative Assembly                                                         194
        13.10 General Court of Justice                                                    194
        13.11 State Elections Commission                                                  195
        13.12 Agencies that promote public integrity and transparency                     196
        13.13 All other agencies                                                          197
     Chapter 14. Office of the Chief Financial Officer (OCR))                             198
        14.1 OCFO design parameters                                                       200
        14.2 OCFO structure and agency efficiency measures                                202
        14.3 Looking ahead -. efficiency savings to be achieved and required implementation
               actions                                                                    205
     Chapter 15. Medicaid investments and reform                                          206
        15.1 Current State of Puerto Rico's Medicaid program                              206
        15.2 Medicaid reform measures                                                     207
        15.3 Medicaid investments                                                          211
     Chapter 16. Tax compliance and fees enhancement                                      213

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        16.1 Current state and future vision for tax environment                      213
        16.2 Administrative tax initiatives to increase revenue collections           214
        16.3 Implementation and enforcement of revenue measures                       216
     Chapter 17. Reduction in appropriations to UPR                                   219
        17.1 Current state and vision                                                 219
        17.2 Key initiatives to reduce appropriations                                 221
     Chapter 18. Municipal services reform                                            222
        18.1 Current state                                                            222
        18.2 Disaster Recovery and the COVID-19 crisis                                226
        18.3 Vision and reform needed to transform municipal services                 228
     Chapter 19. Pension reform                                                       231
        19.1 Current state of and required changes to pension reform                  231
        19.2 Proposed pension reform initiatives                                      234
        19.3 Implementation and enforcement of pensions measures                      238
     Chapter 20. Ensuring successful implementation and fiscal controls               245
        20.1 Implementation architecture                                              245
        20.2 Oversight Board and OCFO implementation collaboration                    246
        20.3 Reporting on Fiscal Plan reforms                                         247
        20.4 Ensuring fiscal controls and transparency                                247
     Chapter 21. Plan of Adjustment                                                   252
     PART VT. Conclusion                                                              254
    Appendix                                                                          255

     Chapter 22. Model presentation                                                   255
        22.1 Overview of entities covered by and excluded from the 2020 Fiscal Plan   255
     Chapter 23. Macroeconomic projections                                            258
        23.1 Economic and demographic trends                                          258
     Chapter 24. Financial projections                                                260
        24.1 Detailed financial projections                                           260
     Chapter 25. Fiscal measures                                                      262
        25.1 Agency efficiencies                                                      262
        25.2 Agency groupings and consolidation progress                              263
        25.3 Key reform implementation milestones required by prior Fiscal Plans      265




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                                                                                  DRA Ex. 235
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     Executive Summary
     The people of Puerto Rico need and deserve plentiful good jobs, a dynamic and
     prosperous economy, affordable and reliable electricity, and an efficient and
     responsive public sector—but have not had any of these things for more than a
     decade. Instead, since 2005, the number of people living under the poverty line has
     increased, the economy has shrunk, electricity has remained expensive and unreliable, labor
     market regulations have remained burdensome, the business environment has remained poor,
     and the public sector has provided declining levels of service at a high cost to residents.
     On top of these longstanding economic challenges, multiple large-scale natural disasters have
     struck Puerto Rico in the last three years, testing the resiliency of economic and social
     institutions like never before.
     In the fall of 2017, Hurricanes Maria and Irma inflicted unprecedented damage on the physical
     infrastructure of Puerto Rico, leaving large segments of the population without power for
     weeks and in many cases months. Thousands died, many of them due not to the direct effects
     of the storm but rather its aftereffects. There was widespread economic dislocation in the
     aftermath as the scale of the damage became evident. Impact to the housing stock, power and
     water infrastructure, and inland transportation infrastructure, created extremely challenging
     conditions for residents, while the small business sector was badly damaged as inventories
     were destroyed and the economy suffered an abrupt negative shock.
    After a very difficult period in the immediate aftermath of the storms, the economy gradually
    recovered, and efforts turned to rebuilding. Aided by a large-scale federal response, the hard
    work assessing the damage to critical infrastructure occurred through the fall of 2017 and into
     2018.

     In the summer of 2019, the residents of Puerto Rico reacted with outrage to publicly released
     comments by the governor and other senior officials. The actions resulted in a crisis of
     confidence in government institutions, and large-scale public protests. The Oversight Board
     watched the protests with admiration for the fortitude of the people of Puerto Rico and with
     sadness for the crisis that made the protests necessary. For far too long government in Puerto
     Rico has failed to treat the Island's residents with the respect that they deserve. Governor
     Rossell6 and other senior officials ultimately resigned, resulting in Governor Wzquez taking
     office. Just as the Island was recovering from political disruption and embarking on
     reconstruction at the end of 2019, Puerto Rico suffered the most serious earthquakes in recent
     memory, resulting in structural damage to buildings across southwestern Puerto Rico.
     Residents of these communities were subjected to hundreds of aftershocks over several
     months, some approaching the strength of the first earthquakes. Communities faced concerns
     over public safety as infrastructure was affected, businesses suffered further disruption, and
     the Government saw damage to schools, prisons and other crucial infrastructure. The full
     extent of the damage is still unknown, and rebuilding efforts in some places have not yet
     begun.
     Finally, only two months later, Puerto Rico - along with the rest of the world - was confronted
     with the COVID-19 global pandemic. Overnight, the economy shut down except for the most
     critical activities as the Government took prudent steps to mitigate the risk of a catastrophic
     public health crisis. Unemployment has skyrocketed as many businesses have been forced to
     shut down, and the local and federal governments have quickly mobilized to provide support.
     Many projections indicate that the economic shock due to COVID-19 will be worse than that
     of the Great Recession. The pathway to economic recovery remains highly dependent on the
     overall public health response and the federal government's ability to provide economic
     support for those whose livelihoods are at risk.




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     For nearly four years, the Financial Oversight and Management Board for Puerto Rico
     ("FOMB" or the "Oversight Board") has worked to fulfill the mandate of PROMESA: to ensure
     fiscal sustainability and restore access to capital markets. In the first instance, due to the
     unending series of unpredictable disasters, the effort has focused on utilizing certified Fiscal
     Plans and Budgets to ensure Puerto Rico is able to respond to these crises while also moving
     toward medium and long term fiscal and economic sustainability.
     Fiscal Plans have pressed for major structural reforms to restore competitiveness, enable
     growth, and spur a return to prosperity. These include human capital, welfare, and education
     reforms to advance successful participation in the formal labor market, reforms to streamline
     core business processes (e.g., paying taxes, registering property and obtaining permits) to
     improve the ease of doing business and enable job creation, and proposals to enable reliable
     power and stable infrastructure for businesses and households. In addition to these structural
     reforms, the Fiscal Plans have focused on improving the responsiveness and efficiency of the
     Government, while reducing unnecessary administrative expenses and mitigating the
     escalating growth of healthcare and pension costs, which could otherwise cripple future
     governments.
    The Fiscal Plans have accompanied these reforms with targeted investments in and support
    for those on the front lines of service delivery. Over the years, the Fiscal Plans have provided
    for salary raises for teachers, principals, firefighters, and police officers to ensure salaries for
    these critical frontline roles are more competitive. Strategic capital investments have been
    made in hospitals, correctional institutions, public safety equipment, and other infrastructure.
    Moreover, the Fiscal Plans have included increased spending in areas that are important for
    the people of Puerto Rico: funds for an Earned Income Tax Credit to encourage more formal
    labor market participation, needs-based scholarships for UPR to ensure every student on the
    Island can access higher education, funds for the Puerto Rico Clean Water and Drinking Water
    State Revolving Fund, and an emergency reserve to enable immediate Government action in
    times of crisis, among others.
    At the onset of the COVID-ig crisis, the Oversight Board mobilized in close partnership with
    the Government to deliver immediate support and relief. This included providing a $787
    million package of measures to support front-line workers and small businesses. The
    Government also took executive actions that the Oversight Board supported to provide
    temporary relief on tax payment deadlines. Finally, the Oversight Board approved actions to
    provide a $400 million advance on federal funding for economic impact payments
    administered by Hacienda, as well as a liquidity facility of up to $185 million for municipalities
    suffering from revenue collection deferrals.
     Since certifying the first Fiscal Plan in 2017, and notwithstanding the emergencies, the
     Oversight Board has been able to drive meaningful progress in creating a leaner, more
     affordable government. This has resulted in the ability of the Government to increase
     expenditures at a time of crisis, while ensuring total expenditure levels remain within total
     available revenues, rather than be forced to cut budgets that have not been carefully managed,
     as other states have been forced to do as COVID-ig has caused revenues to drop. There is a
     new level of transparency and control over Government spend, including the elimination of
     multi-year appropriations that permitted overspending; controls over the reapportionment of
     funding between concepts of spend to eliminate the defunding of accrued liabilities; and
     regular reporting on revenues and expenses. Moreover, the 2020 and 2021 budgets were built
     at a granular "concept code" level (e.g., differentiating between spend on professional IT
     services versus advisory services). The Oversight Board has been able to reject contracts that
     could have led to overspending, such as the proposal to externalize Puerto Rican prisons, and
     the Government has been held accountable to its implementation requirements via public
     hearings, such as those held on education, public safety, corrections, and economic
     development.



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                                                                                            DRA Ex. 235
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     Unfortunately, despite this real progress in the face of ongoing crises, the Government has still
     failed to achieve meaningful economic growth through structural reforms or drive operational
     change that would deliver greater responsiveness and efficiency of government services.
     Efforts at private sector labor market reforms have stalled and the impact of human capital
     and welfare reform is not expected for several years. The Government's efforts to improve the
     ease of doing business have not changed the burden on businesses in any meaningful way.
     Rather than achieving budget savings by improving the way services are delivered or
     discontinuing duplicative or unimportant services, the Government has enacted broad-based
     early retirement programs to reduce headcount, creating major gaps in capabilities and
     functionality and potentially putting services at risk.
    Across many areas, the Government has struggled to implement changes, with even new
    investments often not driving the intended use. For example, salary raises provided for
    teachers were improperly implemented, bringing new litigation costs, while police officers'
    enrollment in Social Security was delayed by six months. Despite efforts by members of the
    Government, the Oversight Board, and the Federal Government — which has increased
    oversight over the use of federal funds, installed federal monitors in certain agencies, and
    managed expectations via consent decrees — the Government has been unable to meet the
    increasingly urgent need for real change.
    The 2020 Fiscal Plan financial forecasts suggest that the current financial trajectory is not
    sustainable in the long-term. Perhaps more importantly, the 2020 Fiscal Plan — even if
    implemented in full — will not raise Puerto Rico and its residents to a level of prosperity
    comparable to even the poorest states on the US mainland. There continues to be insufficient
    political appetite to drive the types of structural reforms that are needed to create sustainable
    economic growth and an inability to implement even reforms that have nominally been
    agreed-upon.
    As the US and Puerto Rico begin to recover from the current economic and health crisis, and
    while there is national fiscal and monetary policy support, the Government must act with an
    exceptional level of determination. With so many residents suffering from the economic
    consequences of successive natural disasters, the need for change is even more urgent.
    The 2020 Fiscal Plan includes dozens of practical actions that the Government must take to
    create a more accountable, affordable, and transparent government, with resources focused
    on improving the front-line services that matter. Given the global COVID-19 pandemic, the
    2020 Fiscal Plan pauses most government right-sizing measures for a year, so that the full
    focus of Government may focus on recovery and implementation. To drive efficient and
    successful implementation of key reforms and outcomes, the 2020 Fiscal Plan also introduces
    milestone budgeting, which will provide for investments in certain areas once key milestones
    are achieved. Crucial milestones include: final establishment of the Defined Contribution
    accounts for public retirees and employees; the publication of the 2017 Comprehensive
    Audited Financial Report (and progress towards publication of subsequent year reports);
    implementation of time and attendance reporting; and meaningful consolidation of back-
    offices to create efficiencies, among others.
    The 2020 Fiscal Plan also lays out discrete actions that must be taken to make structural
    reforms to the economy, improving labor force participation, the ease of doing business, and
    energy and infrastructure management. Finally, the 2020 Fiscal Plan includes strategic one-
    time investments to speed up Puerto Rico's recovery in light of the natural disasters and
    COVID-19 by allocating funds to strengthen the Island's public healthcare system, human
    capital, and telecommunications infrastructure.
    Absent real reform, Puerto Rico may not ever fully recover from all its recent crises. The 2020
    Fiscal Plan lays out the meaningful changes needed to lead to an effective, responsive
    government and growing economy.



                                                    10




                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 11 of 271




     Prior to the enactment of PROMESA, Puerto Rico had been mired in an economic
     and demographic downward spiral for a decade. As of 2018, the economy was $18
     billion smaller in real terms and the population was more than half a million smaller (largely
     due to outmigration) than it was in 2005 — trends that, even before recent natural disasters,
     were projected to continue.1 Over 40% of the population (including —58% of Puerto Rican
     children) lives below the poverty line, and —47% are dependent on Medicaid for healthcare.
     Meanwhile, before PROMESA, the consolidated Commonwealth's outstanding debt and
     pension liabilities had grown to over $120 billion — with more than $70 billion in financial
     debt and more than $50 billion in pension liabilities — an amount almost twice the size of
     Puerto Rico's economy.
    These core challenges were not new and temporary; they had been long-standing and
    structural. For decades, the private sector had been overly reliant on now-expired federal tax
    advantages while having to operate in a difficult business climate with poor infrastructure,
    cumbersome laws and regulations, and expensive and unreliable electricity and transit
    systems.
    Other challenges included a large public sector that had struggled to deliver improved
    outcomes in critical areas such as ease of doing business and education, as well as a labor force
    participation rate that was (and continues to be) among the lowest in the world. In the World
    Bank's Worldwide Governance Indicators, Puerto Rico ranks far below the mainland United
    States in "voice and accountability" for residents, government quality, regulatory quality, rule
    of law, and control of corruption.2 In the OECD's 2015 Program for International Student
    Assessment (PISA), only six countries or regions in the world scored lower than Puerto Rico
    in science and reading, and only three scored lower than Puerto Rico in math.3 Likewise, of
    the 233 countries or regions for which the World Bank measures labor force participation
    rates, Puerto Rico is currently ranked 232. In the three decades that the World Bank has
    gathered such data, Puerto Rico has never ranked higher than 212. These are structural
    problems that demand structural solutions, but to date, the Oversight Board has seen neither
    the willingness nor the ability, on the part of the Government, to enact structural reforms
    sufficient to address these problems that hold back the standard of living of Puerto Rico's
    residents.
     Finally, Puerto Rico had fiscal management challenges for years, creating a growing deficit
     (Exhibit /). This deficit was difficult to forecast with certainty because of the protracted delays
    in issuing annual audited financial statements, lack of proper fiscal controls, lack of centralized
    financial records, and inefficient financial management. Puerto Rico had also been in an
    economic structural decline for over a decade, which led to an eroding tax base. To finance
    these primary deficits, Puerto Rico had resorted to issuing debt which became unsustainable.
    As the Oversight Board began its work in late 2016, the Commonwealth was projected to run
    structural annual deficits exceeding $7 billion, or $3 billion before debt service.




     1 The World Bank Group, World Development Indicators
     2 The World Bank Group, Worldwide Governance Indicators
     3 U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics Program for
       International Student Assessment (PISA) 2015, State Results. Puerto Rico.


                                                               11




                                                                                                            DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 12 of 271


     EXHIBIT 1: PROJECTED PRE-FISCAL PLAN DEFICIT (BEFORE THE HURRICANES)

      0
                          Net surplu_s/(deficl) - before contractual debt service — Net sorplusirdebcd) - after contractual debt service

      -1


      -2


      .3

                                                                                                                    FY18-23
     .
     4                                                                                                             cumulative
                                                                                                                     deficit
                                                                                                                     $19.28
      -5


      43


      •7
       FY18           FY19              FY20                FY21                FY22                FY23




     In light of the debt crisis and unsustainable path of the Government's finances,
     when the Oversight Board was appointed in 2o16, it set out to find long-term
     solutions, certifying Fiscal Plans that have established the following priorities:

     ■ Creating a leaner, more affordable government. The Oversight Board has outlined
           necessary operational changes to streamline the Government and enable the reduction of
           unnecessary administrative expenses. Such reforms include improving management of the
           public education system, pursuing civilianization to enable more sworn police officers to
           move into the field, consolidating agencies to enable coordination and back-office
           efficiencies, reducing the correctional system footprint to enhance staffing practices,
           privatizing WIPR, incorporating best practices in digitization, and improving Elections
           Commission operations. As such, the Oversight Board has identified how to remove
           barriers to efficient and effective government service delivery.
     ■ Identifying specific actions needed to reform the structure of the economy
       and create the conditions for growth in Puerto Rico. The Oversight Board has
           provided a comprehensive plan for as well as targeted investments to drive economic
           growth by improving participation in the formal labor market; spurring job creation;
           transforming the education system; improving access to reliable infrastructure and
           energy; and supporting the people of Puerto Rico through workforce development
           programs.
     ■ Increasing transparency of and controls over Government finances. By
           instituting budgets designed at the cost concept level, regular reporting on cash and actual
           expenditures, formal processes for reapportionments and allocation of capital
           expenditures, and reviews of major contracts to ensure fiscal plan compliance, the
           Oversight Board has given stakeholders a common fact base around the Government's
           fiscal situation and reduced superfluous and non-transparent spending.
     ■ Directing resources to front line service delivery. The Oversight Board has
           enhanced the impact of Government spending through priority investments in areas of


                                                                 12




                                                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                 Desc:
                   Exhibit DRA Exhibit 235 Page 13 of 271


        demonstrated need such as public safety, health care, and education, and to enable
        response to natural disasters.
     ■ Maximizing the impact of federal investments in Puerto Rico. The Oversight
        Board has placed particular emphasis on aligning federal funds towards investments that
        will accelerate progress as much as possible against the key reform areas, such as
        infrastructure, COVID-19 response, health system improvements, educational outcomes,
        and economic growth.
     While Fiscal Plans have been able to outline potential major improvements, progress within
     the Government has been slow overall. Government agencies have reduced expenditures, but
     typically not in the fashion that the Oversight Board required in its Fiscal Plans. Instead of
     rethinking business processes and ways of working, agencies have almost exclusively relied on
     attrition and early retirement programs broadly applied to reduce expenses in ways that may
     cause longer-term risks to the Government's ability to deliver services. Progress has also been
     limited across other key reforms. Some examples include:
     ■ Actions to consolidate government agencies and to allocate resources away from
       back office to front line activities have been severely slowed or abandoned
       altogether.
     ■ There continue to be issues with financial transparency and accountability given
       delays in system integration (e.g., ERP and accounting systems are still disconnected),
       issuance of consolidated audited financial statements, and establishment of a robust ()CFO
       function to ensure a coordinated Government fiscal management effort across budgeting,
       implementation, personnel, and procurement.
     ■ Efforts to improve ease of doing business in Puerto Rico have not resulted in meaningful
       change, and Puerto Rico's Ease of Doing Business rankings continue to decline
       as other jurisdictions have improved, contributing to low levels of new investment.
     ■ Labor force participation has not increased given the Government's refusal to
        pursue comprehensive private sector labor market reform, coupled with a major delay in
        institution of the NAP work/volunteer requirement and limited public communication
        efforts to raise awareness of the new Earned Income Tax benefit.
     ■ While the Government has completed the transition to a single region managed care model
       for Medicaid, it has stalled in pursuing value-based health system reforms and
       Medicaid fraud, waste, and abuse reform initiatives.
     ■ Investments that Fiscal Plans have funded for the addition of staff or improvements
        in compensation (e.g., police civilian admin staff, Forensics technicians/specialists, police
        insurance and Social Security) have not been spent as intended and are often
        delayed, diluting their intended effect.
     In order to overcome the challenges facing the Island and to put Puerto Rico on a sustainable
     trajectory, it is important for the Government to commit to urgent reform.


     Puerto Rico can overcome this current public health and economic crisis. It will
     be a difficult road ahead over the coming months and years, but the people of Puerto Rico have
     proven their resiliency. It is with that in mind that the 2020 Fiscal Plan lays out a blueprint
     for actions that the Government must take to responsibly prepare for the future,
     notwithstanding uncertainties or further difficulties.
     Puerto Rico must urgently adopt a series of bold actions to improve its fiscal and
     economic trajectory. Long-term trends have only been exacerbated by the impact of
     COVID-19 and damage from the hurricanes and earthquakes that have ravaged the Island, and

                                                   13




                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                Desc:
                   Exhibit DRA Exhibit 235 Page 14 of 271


     the economic future of the Island is more uncertain than ever. Now more than ever reforms
     and government efficiency measures are essential to counter negative growth, create the best
     possible conditions for the people and businesses of Puerto Rico, and to make the Government
     of Puerto Rico more efficient, effective, and responsive to its residents.
    The 2020 Fiscal Plan reflects the fact that the Government has not taken sufficient action to
    transform government service delivery. As such, it provides a one-year pause in most
    categories of government rightsizing to allow the Government to focus on
    implementation of efficiency reforms. Rather than further delay progress, the purpose
    of this pause is to ensure every possibility of successful, focused implementation. The Fiscal
    Plan includes detailed actions, timelines, and milestones that will require urgent action over
    several years by the Government to make progress.
     Government efficiency and other fiscal measures
    The 2020 Fiscal Plan proposes a set of Government efficiency measures that the Government
    must take ("measures") to increase government revenues and make government more
    responsive:
     ■ Agency efficiencies: Consolidating agencies to leverage valuable human and financial
        resources, centralizing procurement to achieve greater purchasing power and
        transparency, transforming processes, and deploying new management tools and practices
        to deliver better governmental services for substantially lower cost
     ■ Creation of Office of the CFO: Instituting fiscal controls and accountability,
        centralizing fiscal authority, and improving governance, accountability, and transparency
        over budgets, reform implementation, procurement, and personnel
     ■ Medicaid reform: Taking the necessary steps to curb fraud, waste, and abuse in the
        healthcare system, ensuring that resources are directed to those in need of health services,
        and improving health outcomes on the Island
     ■ Enhanced tax compliance and optimized taxes and fees: Employing new
        technology and other innovative and commonly-used practices in other jurisdictions to
        broaden the tax base, reduce fraud, and improve fairness to boost overall tax revenues, and
        adjusting existing taxes and fees to capture revenues from under-leveraged sources
     ■ Reduction of appropriations: Encouraging sound fiscal self-management and
        revenue generation among municipalities and the University of Puerto Rico by reducing
        central Government appropriations, while meeting the needs of students facing financial
        challenges with the creation of an independently-managed, means-tested scholarship fund
     ■ Comprehensive pension reform: Improving the financial stability of public
        employees through reforms that maintain enough funds to comply with the payment of
        pensions and provide the administration necessary to create a defined contribution plan
        for employees
    The impact of these measures on revenues and expenditures is demonstrated in Exhibit 2.




                                                  14




                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                              Desc:
                   Exhibit DRA Exhibit 235 Page 15 of 271


     EXHIBIT 2: IMPACT OF REVENUE AND EXPENDITURE MEASURES ON OWN
     REVENUES AND EXPENDITURES

     Impact or measures on Government revenues and expenditures, st!

                                               Pre-measures and structural Weans                — Postmwasures and structural reforms                 • Fiscal Measures        shi

                                                       4C182
                           17,000

                           16,000
         Own
         revenues+                                                  N
                           15900
                                                                              •••                                 mmm,
                                                                                                                         •■••              ....
                                                                                                                                               .




                                  0

                                          49,2p 4i26,fi                                                        1,1.32
                           15,000

         Own               15,000
         expen-
         ditures2          14900

                           13,000
                                   0                                                                                                                                       4


         *•=4,1t•Watel..474,44.1Cunimu,    yeeaku-csk0e4rfv2-tiem easaeceec rysz         te-ttS          X*Z.Z0.14CH Fits 4.1 erTAKVISI                   Tl.JL"at CC.. 4-1.
         =Mum
         Nireretes-Actersekrert -ss0 :atraeotwoneltP sicpweemers estate/2 :I,IL n4:44 tcriven c44/kee ..ae s-rn imemel pfY¢Jma c-srt,--4.1,01 martrms 00~ rir:saftt Gt
         le•edued -;muiteetr00 Tunelet ei meet we
          :eeenieue 04 et treeaumessurel efIrcuittle to the 4:4:ClEete.KM111. r %the.. teorssrtdre es &Limos, mamma and ne • re.s.r.trom




     Investment in COVID-19 response and other core priority investments
    To ensure successful delivery of the above efficiency measures and to allocate resources to the
    areas of highest need, the, the 2020 Fiscal Plan also includes substantial investments.
    Categories of investment include:
     •      Immediate support for COVID-19 response: Recognizing the imperative for the
            public health system to focus its efforts on slowing the spread of COVID-19 and healing
            those affected, as part of the Emergency Measures Support Package certified on March 28,
            2o20, the Oversight Board approved $787 million in additional expenditures solely
            focused on COVID-ig response. These funds are intended to provide "hazard pay" for
            frontline workers (including public and private nurses and technicians, police, certain
            correctional staff, and professionals managing taxes and financial operations), medical
            and public safety supplies and capital expenditures, distance learning in the public
            education system, and $100 million in support for municipalities facing reductions in
            revenue due to the pandemic.
     •      Investing in critical healthcare infrastructure: The Oversight Board proposed the
            Government to use remaining FY2o2o funds to invest in near-term improvements to the
            Island's healthcare infrastructure. These opportunities, which have previously been
            recommended by the Oversight Board but have not yet received Government agreement,
            represent $313 million of investment in areas that include addressing critical
            infrastructure gaps in public hospitals (e.g., the renovation of functionally-obsolete
            facilities, purchase of power generators), instituting and expanding the use of Electronic.
            Health Record programs, expanding access to care through development of telehealth
            infrastructure, enhancing access to opioid medication and treatment programs, and
            providing scholarships to healthcare students who are committed to working in
            underserved areas of Puerto Rico.


                                                                                         15




                                                                                                                                                              DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                  Desc:
                   Exhibit DRA Exhibit 235 Page 16 of 271


     ■ Enhancing healthcare services: The 2020 Fiscal Plan builds on the strategic
        healthcare investments from prior Fiscal Plans to stabilize and improve the healthcare
        system. It directs $586 million to improve the availability and quality of care under the
        Medicaid system, maintain nurse and health professional staffing levels, increase hospital
        capacity through major capital projects, operationalize the Comprehensive Cancer Center,
        and enable operational efficiencies.
     ■ Safeguarding public safety: The 2020 Fiscal Plan adds to prior investments, enabling
        almost $1.3 billion in public safety funding. This includes continuing significant
        investments made in the May 2019 Fiscal Plan to provide sworn police officers with more
        competitive salaries and benefits (including, life and disability insurance, Social Security
        coverage), as well as the final of three installments to cover back pay for police, which
        represents —$122 million in FY2021. These investments are meant to ensure that more
        sworn officers can remain on Island and serve in the field. Given the emergencies that
        Puerto Rico has recently experienced, the Oversight Board also believes it is ever more
        important to ensure that there are enough emergency response personnel available to help
        residents. The 2020 Fiscal Plan provides funds to recruit paramedics and dispatchers, hire
        additional specialists at the Forensic Sciences Institute, support salary increases for
        firefighters, and provide public safety equipment, materials, and vehicles.
     ■ Driving education outcomes: The Oversight Board has long recognized that
        significant and thoughtful investment in the educational system is key to a stronger
        economic future for Puerto Rico. The 2020 Fiscal Plan includes over $760 million for
        strengthening English Language Learning training for teachers, bringing psychologists on
        staff to provide evidence-based therapies for Special Education students, hiring additional
        public-school nurses, driving digitization to improve management and reporting, and
        compensating transitory teachers and directors, who PRDE mistakenly excluded from the
        FY2019 and FY2020 salary raises previously funded by the Oversight Board.
     ■ Strengthening the technology sector: Addressing the digital divide is critical to
        ensuring that all residents of Puerto Rico can take advantage of the well-documented
        socioeconomic benefits afforded by Internet connections (e.g., telehealth, distance
        learning, remote work). Important infrastructure gaps remain, particularly across rural
        areas of the Island. The 2020 Fiscal Plan includes $400 million to expand access to
        broadband for the residents of Puerto Rico, thereby improving economic opportunities for
        those in rural areas. The 2020 Fiscal Plan also recognizes that technology skills are critical
        for the future of the workforce; it thus includes $50 million in funding to invest in
        workforce development, specifically focused on business- and technology-related
        disciplines.
     ■ Reactivating the manufacturing sector: The COVID-19 pandemic has made it
        apparent that most raw materials and medical products necessary to ensure national
        security are manufactured in China, India, and other countries outside the US This
        represents a unique opportunity for Puerto Rico as a capable and reliable venue for
        manufacturing under the US flag. As part of implementation of the 2020 Fiscal Plan, the
        Oversight Board will conduct a comprehensive study to update the facts and acquire the
        knowledge necessary for the private sector and the Government to define a comprehensive
        and actionable plan to reactivate the manufacturing sector in Puerto Rico.
     ■ University of Puerto Rico: The 2020 Fiscal Plan provides $43 million in FY2021 for
        the UPR scholarship fund and a total of $179 million over FY2o2o-FY2025 to meet the
        needs of the most financially vulnerable students. The 2020 Fiscal Plan also provides $30
        million for an independently-managed scholarship fund for healthcare (e.g., medical,
        dental, nursing) students and residents who commit to serving in rural and underserved
        areas.



                                                   16




                                                                                          DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                   Desc:
                   Exhibit DRA Exhibit 235 Page 17 of 271


     ■ Supporting the needs of municipalities: In addition to the $100 million in support
         post-COVID-19, the Fiscal Plan includes several investments to support municipalities.
         These include: $185 million available through July 31, 2020, for a short-term liquidity
         facility to ensure that monthly property tax remittances can continue to be advanced to
         municipalities (given major delays in tax payments), thereby supporting the viability of
         municipal operations,4 $110 million ($22 million per year through FY2025) as an incentive
         for voluntary service consolidation, and up to $92 million to fund demolition and debris
         removal projects for municipalities in the southwest region of the Island.
     ■ Transforming government services: The 2020 Fiscal Plan includes $94 million to
         support hiring of additional staff in core programs (e.g., NAP, GSA procurement initiative)
         as well as incentives to drive change in government, including to publish the 2017 CAFR,
         conduct an analysis of the correctional system footprint to enable consolidation,
         implement a common ERP system, and publish private sector incentives.
     ■ Expediting reconstruction efforts: The 2020 Fiscal Plan provides for $750 million in
         working capital to be made available to facilitate FEMA-approved reconstruction efforts.
         These funds will accelerate rebuilding efforts by providing the necessary capital upfront,
         with repayment via reimbursement from the Federal Government.5
    The goal of these investments is to ensure at agencies can continue to provide the services
    residents depend on while implementing the necessary efficiencies needed to maintain
    sustainable operations on Island.
     Structural reforms
     Since 2017, the Oversight Board has worked with the Government to implement numerous
     structural reforms, but there has been little meaningful progress in most areas. The structural
     reforms remaining in the 2020 Fiscal Plan are those where there has been alignment with the
     Government on the need to pursue change. That being said, as a result of natural disasters and
     poor implementation, meaningful progress on most reforms has been delayed. As such, the
     2020 Fiscal Plan provides an updated forecast reflecting such delays but also outlining the
     potential positive impact looking forward (Exhibit 3).
    The 2020 Fiscal Plan outlines the following structural reforms:
     ■ Human capital and welfare reform: Promoting participation in the formal labor
         force by creating incentives to work through Earned Income Tax Credit (EITC) benefits
         and Nutritional Assistance Program (NAP) reform, as well as providing comprehensive
         workforce development opportunities. EITC and NAP reform are projected to increase the
         economic growth rate by 0.15% in FY2026.
     ■ K-12 education reform: Transforming the K-12 education system to dramatically
         improve student outcomes and contribute to an effective workforce in the long-term.
         Education reforms are projected to add 0.13% to the GNP growth rate between FY2037-
         2049.
     ■ Ease of doing business reform: Improving the competitiveness and attractiveness of
         Puerto Rico's economy by reducing the obstacles to starting and sustaining a business
         through improvements to the processes to obtain permits, register property, and pay taxes;
         and by establishing best-in-class entities to attract investment and increase tourism. These
         reforms are projected to drive a 0.30% uptick in overall growth by FY2025.



     4   The liquidity facility is considered a use of the Commonwealth balance sheet, not a Fiscal Plan expense.
     5   The working capital facility is considered a use of the Commonwealth balance sheet, not a Fiscal Plan expense.




                                                                  17




                                                                                                                    DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 18 of 271


     •        Power sector reform: Providing lower cost and more reliable energy through the
              transformation of PREPA, the establishment of an independent, expert, and well-funded
              energy regulator, and the development of cleaner and lower cost power generation. This
              reform is projected to increase growth by 0.3096 by FY2o24.
     •        Infrastructure reform: Integrating all transit assets under PRITA, so it can act as a
              unitary transit authority managing all transit assets on the Island (e.g., all buses, ferries,
              Tren Urbana), and reforming the public transportation sector more broadly.
     EXHIBIT 3: IMPACT OF STRUCTURAL REFORMS

      Impact of structural reforms',

              April 2018 Fiscal Plan / 2019 Fiscal Plan El 2020 Fiscal Plan




                                                                                       2,650




                                                                                                            34227

                                                                           &ST
                                                            564
                                                506
                                                                                               584
                                   34
                                                                                 252
                       778                                        172                                242
         44                                                       .1. 75
               o o •
              FY Ze       F121          FY 22      FY27        FY24           FY25        FY20-25          FY20-49




     The 2020 Fiscal Plan includes detailed activities, timelines, and milestones required to achieve
     this impact.
     Implementing these structural reforms and fiscal measures fully on a timely
     basis will enable the Island to move closer to a reality in which it has low-cost and reliable
     energy, robust infrastructure, more incentives to enter the formal labor market, an improved
     regulatory and permitting environment, and a more effective and efficient public sector. That
     said, these reforms are insufficient to put the Island on a path to growth, nor do they allow
     Puerto Rico to avoid future deficits, which begin in FY2032 (see Exhibit 4). Thus, in the near
     future, the Government will be required to take additional measures, such as improving labor
     market flexibility through repealing restrictive laws and pursuing meaningful tax reform to
     broaden the base of collection and lower rates. These incremental structural reforms go
     beyond the five-year framework of this 2020 Fiscal Plan and are required to be able to have
     balanced budgets moving forward. Many of these reforms — which would reduce deficits and
     therefore make funds available for a variety of potential uses, most importantly to invest in the
     people of Puerto Rico — have been proposed by the Oversight Board, but the Oversight Board
     cannot implement them without the support of Puerto Rico's elected Government.




                                                                           18




                                                                                                                     DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                     Desc:
                   Exhibit DRA Exhibit 235 Page 19 of 271


     EXHIBIT 4: 2020 FISCAL PLAN PROJECTED SURPLUS BEFORE AND AFTER
     MEASURES AND STRUCTURAL REFORMS
      Gap surplus before and after measures and structural reforms


      alb Post-measures and structural reforms real GNP growth rate         2020 fiscal plan gap/surplus pre-measuresistruciural reforms'
            Contractual debt servicel                                       2020 fiscal plan gap/surplus post-measures
                                                                      — — 2020 fiscal plan gap/surplus post-measures/structural reforms'


                 411) 4126                            43;) el* CD CP CD 411, CD
        000
       2.000
       2 000
       1 GOO
           0
      -1,000
      -2.000
      -3 000 I
      -4 000 •
      -5 COO
      -6 000 •
      .7000
                                  :;       r1r24        f              -••                     ',24       FY 20       FY          FYA9


                                                                                                              15 years     10 years




     In conclusion, the Government of Puerto Rico cannot afford to meet its current
     contractual debt obligations, even with aggressive implementation of the
     included reforms and measures. The cumulative effect of multiple unprecedented
    natural disasters, on top of a decade-long secular recession, have left Puerto Rico with
    substantially diminished resources and capacity. Even with implementation of far-reaching,
    growth-inducing structural reforms, the 2020 Fiscal Plan projects that the Government
    cannot afford to meet its current contractual obligations. Recognizing the importance of the
    ongoing Title III proceedings, but taking into account these realities, the Oversight Board has
    paused discussion and prosecution of the Plan of Adjustment and the corresponding
    Disclosure Statement filed on February 28, 2020. The Oversight Board recognizes that the
    development of the February 2020 Plan of Adjustment proposed a sustainable debt burden
    for the Commonwealth, while garnering the support of General Obligation and PBA
    bondholders holding in excess of fifty-nine percent (59%) of such indebtedness, or
    approximately $10 billion. This was an important milestone and achieved through the
    assistance of the Title III Court's mediation team promoting dialogue among the Oversight
    Board and the Plan Support Agreement Creditors, all acting in good faith to achieve a
    consensual resolution of the Commonwealth's legacy debts. Clearly, the onset of the COVID-
    19 pandemic has raised the specter of both near-term and long-term material, adverse impacts
    from the virus upon the people of Puerto Rico and its economy. While the severity and the
    duration (including the possibility of recurrence) of the pandemic, as well as the full extent of
    federal support, are unknown, the Oversight Board's current pause on the implementation of
    the filed Plan of Adjustment has been, and remains, appropriate and necessary. The 2020
    Fiscal Plan lays out a prudent and integrated set of actions to restore fiscal balance in the short
    term and outlines opportunities for more ambitious additional reforms to create the
    conditions for long-term fiscal balance.




                                                                       1g




                                                                                                                             DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                    Desc:
                   Exhibit DRA Exhibit 235 Page 20 of 271



     PART I: Context for Puerto Rico's current
     economic and fiscal challenges

     Chapter 1. Long-term economic trends in Puerto Rico
     Even before suffering a series of natural disasters in the form of hurricanes, earthquakes, and
     the COVID-19 pandemic from 2017-2020, Puerto Rico's economy had been in an acute
     structural decline for over a decade. The Government had defaulted on much of its debt, and
     nearly half of Puerto Ricans lived below the national poverty line. The reasons for these
     problems are multiple, but the root causes stretch back 40 years.
    In the 1940s and 19505, led by Operation Bootstrap, Puerto Rico's economy grew rapidly and
    productivity increased by 5% per annum as it transitioned from an agricultural-led to a
    manufacturing-led economy. However, as economic performance began to decline in the
    19705, the federal government adopted two significant policies to help Puerto Rico shore up
    its economy.
     First, transfer programs increased dramatically, particularly as Puerto Rico started receiving
     Nutritional Assistance Program (NAP) funding, eventually providing, in aggregate, a
     proportion of residents' personal income that was twice the US mainland average. In addition
     to raising costs for the Government, these programs, at times, created disincentives to work
     due to benefits that were high relative to wages available in the formal labor market.
     Second, in 1976, Section 936 of the federal tax code was introduced to promote investments
     by companies that could transfer their "intangible assets" to Puerto Rico, and thereby shift
     profits to the Island. These Section 936 companies, which were mostly in pharmaceuticals and
     life sciences, became a pillar of Puerto Rico's economy, creating valuable local supply chains
     and local banking deposits, and contributing substantial tax revenue. In the same year, Puerto
     Rico passed Law 80, which instituted protections against wrongful discharge for Puerto Rican
     workers and mandated severance for firms attempting to remove employees. This law made
     Puerto Rico's labor market significantly more rigid and placed it out of step with the prevailing
     labor markets in the US
     In 1996, Congress decided to end Section 936, gradually phasing it out by 2006. In the face of
     an anemic local private sector, the Government also expanded its employment to the point
     that, by 2000, 30% of Puerto Rico's jobs were in Government and a full 40% of workers with
     college degrees worked in the public sector. Major sectors such as water, electricity, and ports
     are still run by public corporations, and have consistently created a drain on the economy by
     delivering lower quality services at high costs while crowding out private investment. There
     was also pervasive cross-subsidization among the Commonwealth, public corporations, and
     other parts of the public sector that obfuscates financial management and accountability.
     Finally, there was a high degree of political interference in decisions that affect every aspect of
     Puerto Rican life. As a result, Puerto Rico underperformed on all important measures of a
     modern economy, including educational attainment, cost of electricity, quality of water, tax
     compliance, and labor market participation.
    To promote the private sector, the Government undertook a broad tax incentives policy that
    led to a highly complex web of non-transparent subsidies and special tax arrangements. These
    actions neither promoted growth nor treated companies equitably, often discriminating
    against Puerto Rican companies in favor of multinational companies. Moreover, this system
    created no inducement for new investment without similar tax incentives, further eroding the
    potential tax base. In addition, generous Government and federal transfer programs, taken


                                                     20




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     together, produced disincentives to formal work, given the potential loss of housing and/or
     healthcare, while increasing the share of the informal economy. Tax compliance has never
     been adequate in Puerto Rico, and it became increasingly difficult in this environment.
    Government revenues suffered and became increasingly hard to forecast. Taken together with
    unmanageable and unconnected systems of accounting across Government entities, as well as
    delayed financial audits, fiscal discipline eroded. To make up for this recurring and growing
    budgetary shortfall, the Commonwealth turned to debt markets. Puerto Rico bonds found
    themselves in every corner of the US bond market and, as investor appetite began to wane, the
    Government turned to securing new debt by conditionally pledging various revenue streams.
    The result was a highly complex financial structure that limited transparency as well as
    financial accountability and management.
    When the Great Recession hit in 2008, Puerto Rico's economy was already in a fragile fiscal
    and financial position. Since then, the economy has continued to worsen. Puerto Rico has seen
    its GNP shrink by 20%, labor force participation fall to a record low of 39%, and population
    decline by 15%.6 Puerto Rico is much poorer relative to the mainland US today than it was in
    1970.



     Chapter 2. Enactment of PROMESA
     By 2016, Puerto Rico had accumulated over $50 billion in unfunded pension liabilities and
     over $70 billion of debt and was facing an imminent default. Because Puerto Rico and its
     public corporations cannot take advantage of Chapter 9 of the US Bankruptcy Code, and an
     attempt to create a territorial bankruptcy law was struck down by the US Supreme Court,
     Congress stepped in to head off Puerto Rico's financial and debt crisis by passing the Puerto
     Rico Oversight, Management, and Economic Stability Act (PROMESA). PROMESA imposed
     an automatic stay on Puerto Rico's debt obligations and created the Financial Oversight and
     Management Board for Puerto Rico (the "FOMB" or "Oversight Board"). The Oversight Board
     is tasked with restructuring Puerto Rico's staggering debt burden and restoring sustained
     economic growth to Puerto Rico so that the Government can achieve fiscal balance and regain
     access to the capital markets.
    Immediately after its formation, the Oversight Board began working with the Government of
    Puerto Rico to create a Fiscal Plan that would help the Government achieve fiscal
    responsibility and regain access to the capital markets. The initial outcome of this work was
    the Commonwealth Fiscal Plan that the Oversight Board certified on March 13, 2017 (the
    "March 2017 Fiscal Plan"). A few months later, the Oversight Board filed for Title III protection
    for the Commonwealth Government, COFINA, HTA, ERS, and PREPA. Then, in September
    2017, Hurricanes Irma and Maria struck the Island, causing great devastation and
    fundamentally altering the Island's macroeconomic reality, and ultimately requiring a new
    Fiscal Plan.




     6 GNP and population decline represent the change between 2008 and 2018 per data from the World Bank Group's World
         Development Indicators


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     Chapter 3. Fiscal plan updates due to natural disasters
     and emergencies
     Over the last three years, the people of Puerto Rico have endured a series of natural disasters
     and emergencies without precedent in modern history.
    On September 6, 2017 and September 20, 2017, respectively, Hurricanes Irma and Maria
    struck Puerto Rico, causing unprecedented humanitarian, economic, and infrastructure-
    related damages and upending the daily lives of Puerto Rico's over three million residents.
    Thousands of residents were left homeless, basic utilities were completely shut down, and
    schools, hospitals, and businesses were destroyed. Tens of thousands of Puerto Ricans fled the
    Island. The federal government's response has become one of the largest and most complex
    disaster recovery efforts in US history.
    The damage inflicted on Puerto Rico by the Hurricanes required the March 2017 Fiscal Plan
    to be revised. Therefore, on October 31, 2017, the Oversight Board formally requested that the
    Government submit a revised Fiscal Plan for the Commonwealth and its instrumentalities
    based on the new post-hurricane realities. After months of hard work, engagement with
    stakeholders, and intense negotiations with the Government, the Oversight Board developed
    and certified the April 2018 Fiscal Plan to reflect the post-hurricane environment. This Fiscal
    Plan also provided for the implementation of incremental structural reforms, in particular
    focusing on improving the competitiveness of the local labor market.
    As a result of Government and Oversight Board discussions concerning the necessary
    legislative actions to deregulate and make the private sector labor market more competitive,
    the Oversight Board certified an updated Fiscal Plan in May 2018. This Fiscal Plan provided
    for a series of investments that would be contingent upon the successful implementation of
    key labor market reforms. Unfortunately, the lack of political will to pass this much needed
    private sector labor reform required the Oversight Board to update and certify another Fiscal
    Plan in June 2018 to reflect the removal of this element of structural reform from the plan and
    the growth forecasts. The October 2018 Fiscal Plan was subsequently certified to reflect actual
    revenue and expenditure numbers, refined healthcare projections based on actuarial
    estimates, new federal funding estimates, and changes in the Government's economic growth
    policy objectives.
    The budgetary process under PROMESA requires the annually-certified budget to be
    consistent with the certified Fiscal Plan. In light of the many variables in the forecasts, the
    Oversight Board has chosen to annually update and certify a Fiscal Plan for accuracy and to
    serve as the most updated information for the purposes of certifying an annual budget. As a
    result, prior to the adoption of the FY2020 Certified Budget, the Oversight Board certified the
    2019 Fiscal Plan, which incorporated updates for new information and data from a wide
    variety of sources. It revised the macroeconomic and population forecast in light of slower
    disaster recovery funding rollout, faster unwinding of the associated stimulus, and more
    recent federal and Puerto Rico economic statistics. It also updated the forecasted economic
    impact of structural reforms to reflect slower than expected implementation. Finally, it re-
    balanced spending across agencies to enable investments in police and public safety,
    healthcare, and education.
     On December 28, 2019, the first of many earthquakes shook Puerto Rico, registering at a
     magnitude of 4.7 on the Richter scale. On January 6, 2020, Puerto Rico experienced a 5.8
     magnitude earthquake. The next day, Puerto Rico experienced a magnitude 6.4 earthquake,
     the most destructive earthquake in a century. On that same day, January 7, 2020, the
     Oversight Board approved the Government's request to access funding from the Emergency
     Reserve funds for FY2019 and FY2020 ($260 million in total) in order to bolster the response
     to the earthquakes. On May 2, 2020, an earthquake with a 5.4 magnitude struck Puerto Rico's
     southwestern coast. The seismic event, which briefly knocked out power in some areas, hit

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     near the city of Ponce. This earthquake represented one of 1,00o overall earthquakes of
     magnitude 3 or greater in 2020, with six being over magnitude 5.5. Hundreds of structures,
     including homes, local government institutions, small businesses, and houses of worship, have
     been damaged or destroyed by these devastating shocks. According to a January 29, 2020
     report, published by the United States Geological Survey (USGS), there is a high likelihood of
     continued, material aftershocks! While there will be fewer over time, Puerto Rico continues
     to be at risk of potentially catastrophic earthquakes.
     On top of the Hurricanes and earthquakes, Puerto Rico, like the rest of the world, was
     confronted, seemingly overnight, with the global COVID-19 pandemic in early 2020, which
     has required immediate and urgent action.
     On March 3, 2020, the Oversight Board made available emergency reserve funds for use in
     preparedness and response activities related to COVID-19. In so doing, the Oversight Board
     sought to support the Government's efforts to move quickly and limit the risk to the people of
     Puerto Rico to the maximum extent possible. On March 15, 2020, Governor Vazquez signed
     Executive Order 2020-023. This Executive Order directed the "closure of all businesses in
     Puerto Rico as of March 15 at 6:00 p.m." for two weeks, putting Puerto Rico into lockdown
     earlier than any US state. The Executive Order also imposed a curfew from 9:00 p.m. through
     5:00 a.m. during which time all residents of Puerto Rico were to remain in their residences.
     However, only businesses related to the distribution of food, medical supplies and equipment,
     gas, financial and banking institutions, and elderly care centers were excluded and remained
     open. In addition, the Government closed San Juan Bay to cruise ship vessels effective as of
     March 17, 2020. On March 3o, 2020, Governor Vazquez announced that, based on
     recommendations from the Government's Health Taskforce and the continuing state of
     emergency, the closure of businesses and curfew established in the Executive Order was
     extended until April 12, 2020.
    The effects of public health crisis have been far reaching and devastating — both as a
    humanitarian crisis and economically. To provide additional support to the Island in
    responding to the COVID-19 pandemic, the Oversight Board, on April 2, 2020, certified the
    FY2o20 Emergency Measures Support Package budget. This $787 million budgetary
    allocation was designed to give the Government the resources needed to be able to respond to
    the significant difficulties arising from the Emergency Measures instituted to contain and
    mitigate COVID-19. More specifically, it provided direct financial support payments to self-
    employed individuals and small businesses, bonuses for frontline workers, funding for medical
    supplies, support to municipalities, and resources for PRDE to purchase equipment to
    facilitate distance learning.
     Governor Vazquez has issued an additional fifteen executive orders in response to COVID-19
     to address, among other things, the homeless, school and private sector closures, acquisition
     of goods and services, use of the National Guard, prompt diagnosis of COVID-19, special leave
     for public employees affected by COVID-19, the creation of a medical task force to advise
     Governor Vazquez, and the state of emergency due to the pandemic. Taken together, these
     measures aim to protect the physical, mental, and economic health of the people of Puerto
     Rico, while preserving the social fabric of the Island's diverse communities.
     Executive Order 2020-033, enacted on April 12, 2020, included an extension of the shelter-
     in-place directive up to May 3, 2020. It also included a curfew from 9:oo PM to 5:oo AM and
     authorization to operate a limited number of businesses deemed as essential. On April 14,
     2020, Governor Vazquez announced she was amending the curfew established pursuant to EO
     2020-33 to be in force from 7:oo PM to 5:oo AM. EO 2020-033 also allowed somewhat more
     flexibility than previous orders, particularly by trying to promote working from home and



     7 US Geological Survey, 2020 Southwest Puerto Rico Earthquake Sequence (January 29, 2020)


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    slightly expanding the list of essential businesses. Since the original March direction, Governor
    Vazquez has issued several extensions to Puerto Rico's shelter-in-place policy.
     On May 1, 2020, the Governor issued Executive Order 2020-038, which extended Puerto
     Rico's shelter-in-place period until May 25, 2020 but also lifted certain business restrictions
     to allow limited openings of certain industries, shops, and services at specific times while
     continuing to observe social distancing rules. This initial reopening is limited to primary and
     specialist doctors and dentists, animal shelters, vehicle repair and parts services, laundromats,
     elevator inspections, removals, services to ports and airports, air conditioner repair and
     maintenance services, notary services, and critical infrastructure services, among others. As
     the Government observes the results of this limited reopening, the Government will re-
     evaluate and further amend business restrictions as necessary to promote economic recovery
     while preserving health and safety.
     On May 21, 2020, Governor Vazquez issued an executive order that further allowed certain
     business operations, sports activities and worship services to gradually restart Tuesday, May
     26. Social distancing measures apply, and the Island's 7:oo PM to 5:oo AM curfew will remain
     in effect until June 15.
     In order to enhance coordination with the private sector, the Health and Economics task forces
     were constituted. The Health Taskforce is led by Dr. Segundo Rodriguez, head of the
     University of Puerto Rico Medical Sciences Campus. The Economics Taskforce, which uses
     FEMA's Business Emergency Operations Center framework, was implemented in Puerto Rico
     in the aftermath of Hurricane Maria. With this previous emergency management experience,
     the Economics Taskforce was able to start executing quickly and is led by Eng. Emilio Colon,
     former president of the P.R. Homebuilders Association. These decisive and aggressive
     measures have helped the Island control the infection rate of COVID-19.
     It is with this unprecedented change to the economic and public health climate that the 2020
     Fiscal Plan has been certified. As with prior Fiscal Plans, it includes updates for new
     information about government revenues, expenditures, and reform efforts that have come to
     light in the past year. It also includes an analysis of the implications of recent earthquakes,
     and the current global COVID-ig pandemic. In light of the unprecedented uncertainty of the
     current environment, the 2020 Fiscal Plan displays an alternative downside scenario for
     informational purposes only that is based on the International Monetary Fund's downside
     alternative growth projection for the US economy (discussed further in Chapter 4). Finally, it
     includes a one year delay in incremental government efficiency savings expectations to allow
     the Government to focus on the implementation of needed efficiency and structural reforms.
     In FY2o21, to the Government must center all efforts on making the necessary changes to how
     the government operates and delivers government services, as well as taking steps to improve
     the conditions for investment in the economy in a post-COVID-19 world. Now, more than ever,
     it is essential that the Government focus all of its attention and capacity on implementation to
     better serve the people of Puerto Rico in need of efficient government services and to eliminate
     barriers to economic development and recovery from the unprecedented economic damage
     caused by this series of disasters.




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     PART II. Puerto Rico's path to fiscal and
     economic sustainability

     Chapter 4. Macroeconomic and demographic trajectory
    The 2020 Fiscal Plan forecasts that the economy of Puerto Rico will shrink by 4.0% in real
    terms in FY2020, largely due to the COVID-19 pandemic, with a limited recovery of 0.5% in
    FY2021. This recovery is then followed by negative real growth in ._
                                                                       vv2022 and FY2023 due to
    the unwinding of fiscal stimulus from federal funding in the aftermath of multiple natural
    disasters and emergencies. While the baseline scenario assumes gradual improvements
    beginning in the summer, under the illustrative alternative downside scenario, which assumes
    that the pandemic does not recede in the second half of the year, the economy is projected to
    shrink by 5.8% in FY2020 and again decline by 3.4% in FY2021. Exhibit 5 shows the real GNP
    growth rates (in both the baseline and illustrative downside scenarios), after the impact of
    measures, structural reforms, and disaster relief funding.
     EXHIBIT 5: REAL GNP GROWTH RATE AFTER MEASURES, STRUCTURAL REFORMS,
     AND DISASTER RELIEF FUNDING
      Real GNP growth rate. '.
                                                                              Baseline case        Domside rase

      1
                                                                                  0.6
      c.
           0                     a-




                                             1
                                                                                              .0
      -5




      -2.0
      -2.5
      -3 0
                                                -3.3
                                     -;} 4
                4
      4-5
      -5.0
      -5.5
      -6.0              -50
                    FY20         FY'21       rvn            FY23           FYea                    fY26


     The baseline economic outlook model, which forecasts GNP growth, primarily relies on a
     comprehensive dataset on the Puerto Rican economy from 1963 to 2017. It includes dozens of
     variables that collectively describe the Puerto Rican economy (e.g., growth, population, capital
     stock, etc.), and is largely impacted by four major factors: (a) the pre-hurricane trendline of
     Puerto Rico, (b) impacts from the shocks of hurricanes, earthquakes, and COVID-19 on
     economic activity, employment and the capital stock, (c) the stimulative impact of federal and
     local relief assistance for hurricanes, earthquakes, and COVID-ig (discussed in Section 4.2),




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     and (d) proposed government efficiency measures and structural reforms (discussed in
     Sections 4.3 and 4.4).8
    The 2020 Fiscal Plan also uses Congressional Budget Office (CBO) US inflation projections
    along with global forecasts of oil and food prices from the IMF's World Economic Outlook.
    Puerto Rico inflation projections are summarized in Exhibit 6 and have been updated to reflect
    the latest inflation trend prior to the onset of COVID-ig, as well as the collapse in world oil
    prices and the demand shock due to COVID-19 that occurred in the fourth quarter of FY2o2o.
    Given these effects, the 2020 Fiscal Plan forecasts effectively zero inflation across FY2020 and
    FY2021, with a brief dip into deflation in FY2o2o, followed by a reversion back to a longer-
    term trend from FY2021 — FY2022.
     EXHIBIT 6: ANNUAL PUERTO RICO INFLATION RATE
      Annual infiaton rate, -


                                                                                                                     1.2
                                                                                                 1.1
                                                        1
                                                        -
                                                                            to




                                   0.3


                                                                              IM1


              -0 1
              FY20                FY21                 FY22                FY23                 FY24                FY25




     4,1 Impact of the global COVID-19 pandemic
     As the 2020 Fiscal Plan is being written, Puerto Rico is over two years into the period of
     recovery after the shocks of Hurricanes Irma and Maria, yet without any substantial start in
     permanent reconstruction activities. As a further matter, the southern part of the Island has
     recently been hit by the strongest earthquakes that the Island had seen in decades. With the
     onset of the global COVID-ig pandemic the economy of Puerto Rico virtually ground to a halt,
     as the public health imperative for people to stay home has left all but the most essential
     workers unable to travel to their places of business. There is still significant uncertainty about
     the future of the global, US mainland, and Puerto Rican economies.
    The Oversight Board has consulted numerous data sources and expert economists in both
    Puerto Rico and the mainland to obtain the best insights possible into the current economic
    conditions and prospects for recovery. However, there is no precedent for COVID-19 in the
    historical dataset that informs the Fiscal Plan macroeconomic model. As such, the Oversight


     8 The forecast relies on a 60-year comprehensive dataset and applying statistical regressions to show the effects of multiple
         yet distinct inter-related components of past hurricanes, exogenous developments, and economic policies on growth and
         inflation.


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     Board recognizes that there is considerable uncertainty around the near-term economic
     outlook, as there remains a wide range of potential public health and economic outcomes for
     Puerto Rico, the nation, and the world. Notwithstanding this uncertainty, the Oversight Board
     has worked to develop a reasonable base case with the information and experience currently
     available.
     Impact of COVID-ig on the US economy
     Consistent with past practice, the Oversight Board primarily relies on US government
     economic forecasts to establish the general economic conditions within which the economy of
     Puerto Rico evolves. On April 24, 2020, the CBO released its provisional forecast of US GDP
     growth for FY2o2o and FY2o21, showing a real GDP decline of -5.6% in FY2o2o, followed by
     a partial recovery of +2.8% in FY2021.9 The 2020 Fiscal Plan uses this forecast as a key input
     to create the forecast for the economy of Puerto Rico.
     Given the unprecedented uncertainty of the current environment, the 2020 Fiscal Plan also
     displays an alternative downside scenario for informational purposes only. Rather than
     relying on current CBO estimates of US mainland growth, this scenario relies on an alternative
     projection for US growth described in the International Monetary Fund's April 2020 World
     Economic Outlook. The IMF alternative scenario considers the implications if the pandemic
     did "not recede in the second half of this year, leading to longer containment periods,
     worsening financial conditions, and further breakdowns in global supply chains."10 In that
     case, the IMF forecasts negative real growth globally in both 2020 and 2021, which the 2020
     Fiscal plan estimates implies a -8.7% and -0.7%, decline in US growth, respectively.
     Of course, while the Puerto Rican economy is currently experiencing an overwhelmingly
     negative impact from COVID-19, it is possible that the economy could see some benefit from
     the crisis. For example, if concerns over global supply chains result in increased domestic
     pharmaceutical and medical supply manufacturing, and Puerto Rico is able to play a leading
     role in the national portfolio of locations where this manufacturing relocates, the Island could
     experience positive growth as a result. However, given their uncertain nature, the 2020 Fiscal
     Plan does not account for these potential scenarios.
    The 2020 Fiscal Plan also does not explicitly include assumptions about the effectiveness of
    global, US federal, and Puerto Rico measures to contain the spread and impact of COVID-19.
    Rather, the Oversight Board relies on the embedded assumptions included in the CEO and
    IMF global and US growth scenarios.
     Specific impacts of COVID-19 on the economy of Puerto Rico
    After incorporating US mainland growth estimates, the 2020 Fiscal Plan forecasts the specific
    impacts of the pandemic on Puerto Rico. The approach accounts for two primary factors,
    which are outlined below: (i) lost income from an enduring spike in unemployment, and (ii)
    that the relative amount of income that will be replaced either directly by extraordinary
    government support programs or indirectly as a pass-through from non-labor forms of federal
    and local spending on the response (e.g., on public health infrastructure, distance learning for
    education) (see Section 4.2).
    To determine the lost income due to COVID-19, the Oversight Board has analyzed available
    public and private sector forecasts of US unemployment and data from the Government of
    Puerto Rico on initial unemployment claims through early May 2020. As of May 11, 2020,
    there were 275,569 initial claims for unemployment filed in Puerto Rico (an average of 34,446

     9 "CEO's Current Projections of Output, Employment, and Interest Rates and a Preliminary Look at Federal Deficits for 2020
         and 2021*
     10 IMF April 2020 World Economic Outlook Press Briefing. Note that the IMF base case is closer to the CBO forecast, and
          shows a partial economic recovery in 2021.




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     filing per week) since the onset of the COVID-19 pandemic, well above historical trends of
     —2,36(3 initial claims filings per week."

     Exhibit 7 illustrates the unemployment forecast that the 2020 Fiscal Plan uses to estimate
     income loss on the Island. The forecast includes a gradual easing of unemployment through
     FY2o21, though unemployment levels at the end of FY202i are still five percentage points
     higher than at the onset of the crisis. The exhibit also shows a downside alternative scenario,
     in which employment is slower to recover.
     EXHIBIT 7: PUERTO RICO UNEMPLOYMENT FORECAST

       Unemployment

                                              401 401                                                                                     . Base scenario
                                                        375 381                                                                          E Downside scennda
                                    368 368

                                                                        326
                                                                  309
                         215 21.5

                                                                              239

                                                                                      202 240                      21,8     207    206     204      203      :01
                                                                                                189223 184 216
                                                                                                                                                            1
                                     I 1 1
               117 117




                                                                                       176 I 176     176    14     172 I
                         Apr'20 Muy20 Jun'20 Jul20 Aug'20 Sep 20 Ocl'20 Nov20 Dec'20 Jan'21 Feb'21 klar'21 Apr'21 May 21 Jun'21

     Baseline , 11.2      2E4        35.1      392      35.8      29A          22.B    19 3      18 0   17.5     17 0     16.9    1E8    16.6     16 4      16 2

     Darmsido . 11 2      2E4        35.1      382      36 3       31.0        26.9   229        21.2   20 6     19.9     19 8    19 6   19.5    194        19.2

                                Tafel unemployment figures include -93k typical P11 unemployment plus peak -308k increase port-COVID


     In light of terrible economic hardship for the people of Puerto Rico, and the US as a whole, the
     federal and local governments have stepped in to provide much needed economic support for
     residents on the Island. The following sections describe how the 2020 Fiscal Plan treats the
     combined impact of ongoing disaster relief funding, as well as more recent economic support
     in light of COVID-19.


     4.2 Federal and local relief spending for Hurricanes Maria
           and Irma, earthquakes, and the global COVID-19
           pandemic
     4.2.1 Disaster relief spending from the 2017 Hurricanes
     Disaster spending tends to have a short-term stimulative effect on an economy post-crisis,
     though not in the long term. In Puerto Rico, the level of committed public and private disaster
     relief spending is significant when compared to the overall size of the economy. Public and
     private disaster relief spending has and will continue to impact the economy in two ways:


     / 1United States Department of Labor, Employment & Training Administration, Unemployment Insurance Weekly Claims Data .
         Historical trend represents the weekly average from January 2, 2010 through March 14, 2020,


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     ■ Stimulative impact from post-hurricane disaster relief spending that is
       greater than i00% of the Island's 2018 GNP. This stimulus can come in multiple
         forms, such as construction companies hiring local, unemployed workers or workers from
         the mainland US paying local withholding taxes and spending money for food and lodging.
     ■ Expected reconstruction of the capital stock on the Island. The 2020 Fiscal Plan
         factors in significant damage to capital stock that is repaired, in large part, by this
         significant infusion of federal and private monies, contributing to growth in the long-term.
    The 2020 Fiscal Plan projects that —$83 billion of disaster relief funding in total, from federal
    and private sources, will be disbursed in the hurricane reconstruction effort over a period of
    15 years. It will be used for a mix of funding for individuals (e.g., reconstruction of houses,
    personal expenditures related to the hurricane such as clothing and supplies), funding for the
    public (e.g., reconstruction of major infrastructure, roads, and schools), and to cover part of
    the Commonwealth's share of the cost of disaster relief funding (recipients often must match
    some portion of federal public assistance spend) (Exhibit 8).12
     Of the total, —$48 billion is estimated to come from FEMA's Disaster Relief Fund (DRF) for
     Public Assistance, Hazard Mitigation, Mission Assignments, and Individual Assistance. An
     estimated $8 billion will come from private and business insurance pay outs, and $7 billion is
     related to other sources of federal funding.
    The 2020 Fiscal Plan includes —$20 billion from the federal Housing and Urban Development
    (HUD) Community Development Block Grant - Disaster Recovery (CDBG-DR) program, of
    which —$2.4 billion is estimated to be allocated to offset the Commonwealth and its associated
    entities' expected FEMA-related cost-share requirements.13 This portion of CDBG-DR
    funding will go towards covering part of the —1096 cost-share burden on expenditures
    attributable to the Commonwealth, PREPA, PRASA, and HTA from FY2o19 to FY2o32. The
    2020 Fiscal Plan allocates $4.7 billion for Puerto Rico's cost-match responsibility. After the
    CDBG-DR funds, out-of-pocket cost-share is reduced to $2.9 billion for Puerto Rico, including
    the provision of $600 million from FY2o2o to FY2o32 for Commonwealth cost-match reserve
    funding in case fewer CDBG-DR funds than anticipated become available in a given year.




     12 Puerto Rico's cost-match responsibility was estimated using FEMA-provided data, adjusted by category as necessary for
         waivers and exceptions
     13 Estimate based on early assessment of CDBG-DR Action Plans for Puerto Rico (as published on March 31, 2020), as well
         as patterns of cost share coverage from CDBG-DR in historical storms


                                                               29




                                                                                                               DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 30 of 271


     EXHIBIT 8: PROJECTED PRIVATE AND PUBLIC DISASTER RELIEF FUNDING ROLL OUT
                                            FY16       'Y19       FY2D        FY21.         FY22.     FY23.    FY24.         FY25-FY32
                                                                  'Or                                                                         tiak          7:n1.

         FEMA Pitnlic Assistance.,           5.880      2.945      1.212       2.919        3.404     3.404        3.336        22.646
         Heidi's/ Mitigation,
         Mission Assig Ill ne nisi            13%         6%            3%       6%           7%        7%          7%               50%   42211. 4111211,
         HIM Individual                      2.070       336            196       11            4
         Assurance'                           79%        13%            7%       0%           D%        0%           0%              0%    4112110 112.
                                                            0
         CL1BG-DR
                                               0%         0%
                                                                         88

                                                                        0%
                                                                                657
                                                                                 3%
                                                                                            1,649
                                                                                              0%
                                                                                                      1.993
                                                                                                       10%
                                                                                                                   2.123

                                                                                                                    10%
                                                                                                                                13.852

                                                                                                                                     68%   WM. 41/12.
                                             3 001      2895       2 104
         Private insurance
                                              38%        36%        26%          0%           0%        0%           0%              0%

         Otherfedefol                          509      1.237           894    1.071          868       432         430          1.530
         Funding'                              7%        18%        13%        15%           12%        6%          6%               22%                IC110
          I(4.0                             11.460      7,415      4,493       4,657        5,825     5,788        5,889        341,028
                                                                                                                                             4=0
         CDBG cost share                                                 10       (6          180       227         247          1.610


      Oiss Star aid by sourno of funding
      12.000
                                                                                                FEMA PA              •     FEMA IA    • Other Fed funding
         0.000
                                                                                                Pnvate Insurance     III CDBG-DR
         6.000
         3.000
             0
             FY18        FY19        FY20     FY21      FY22      FY23        F'(74                 Frifi                             FY79                          Fv3.2
                  fens,' assa..mx rc,2.3 i geD2D r-getnqup Lee
                  St/ fie viCCNC,T9 ream no nxi Thrwpr me 5E8TR= arfirp-n



    The major sources of disaster relief finding are detailed below:
     • FEMA Disaster Relief Fund: FEMA provides Individual Assistance to individuals and
       families who have sustained uncovered losses due to disasters. FEMA also provides Public
       Assistance to state and local governments and certain types of private not-for-profits for
       debris removal, emergency protective measures, and permanent repair to damaged or
       destroyed infrastructure. Through both its Public Assistance Program and Hazard
       Mitigation Grant Program, FEMA funds projects to reduce or eliminate long-term risks to
       people or property from future disasters.14
     •      HUD Community Development Block Grant - Disaster Recovery (CDBG-DR):
            HUD provides CDBG-DR funding that can be used for assistance to individuals,
            businesses, state agencies, non-profit organizations, and economic development agencies.
            Funds are to be used in the most impacted and distressed areas for disaster relief, long-
            term recovery, restoration of infrastructure, housing assistance, and economic
            revitalization. The 2020 Fiscal Plan assumes, based on the supplemental appropriation
            included in the Bipartisan Budget Act of 2018, that —$2 billion will be used to repair the
            Island's electric infrastructure and —$2.4 billion will be used to cover cost-share for the
            Commonwealth and its instrumentalities.15
     •      Private insurance funding: Large personal property and casualty losses have been
            incurred in the aftermath of Hurricane Maria. An analysis of data from the Office of the
            Insurance Commissioner of Puerto Rico, adjusted for self-insured and other types of


     14 The 2020 Fiscal Plan does not attribute economic impact to FEMA's Administrative funding, which is used for FEMA's
         personnel (primarily outside of Puerto Rico), travel, and other internal costs
     15 As per the Puerto Rico Disaster Recovery Action Plan, April 2020, "the cost share matching requirements of many of these
         [FEMA] programs create a financial burden on subrecipients that will dramatically hinder the recovery process without
         supplemental funding. To substantially reduce this burden, PRDOH intends to leverage CDBG-DR to meet these matching
         fund requirements, ,."


                                                                                       30




                                                                                                                                                     DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                 Desc:
                   Exhibit DRA Exhibit 235 Page 31 of 271


          coverage, was used to determine the amount that has been paid out to individuals and
          businesses for major damages.
     •    Other supplemental federal funding: Additional federal funding has been
          appropriated to various agencies and projects in Puerto Rico following the hurricane. This
          money is directed at a wide range of recovery efforts, from reconstruction of damaged
          buildings (for example, funding to repair damage to Job Corps centers in Puerto Rico) to
          funding for health programs and environmental management (e.g., USDA funding to
          repair water systems in rural areas) to additional funds for the Nutritional Assistance
          Program (NAP).
     Disaster roll out for FEMA funds has been projected by subcategory to account for differences
     in when funds are spent:
     •    Individual Assistance from FEMA was spent in the immediate aftermath of the storm
     •    Public Assistance Categories A & B and Mission Assignments are used for debris removal
          and emergency work, and therefore exhausted in the early years of the recovery
     •    FEMA Categories C-G and Hazard Mitigation are longer-term funding streams that are
          spread out over 15 years, based on the latest estimates regarding the time that it will take
          to finalize reconstruction
     Where data on obligations and disbursements of FEMA funds are available (i.e., for FY2o18
     to FY2020), the 2020 Fiscal Plan estimates actual spending for that fiscal year to be the
     midpoint between obligations (when funds are officially awarded) and disbursements (when
     the funds are spent). This is due to the timing lag between obligation and disbursement of such
     funding. CDBG-DR funds are assumed to be disbursed through FY2032, with program types
     informed by the Puerto Rico Department of Housing's latest available Action Plans.
    The rollout for FY2o2o and FY2021 for both FEMA Public Assistance and HUD CDBG-DR
    have been updated to reflect the expected effects of the COVID-19 pandemic. The 2020 Fiscal
    Plans assumes that a combination of restrictions on movement, materials, and travel will
    result in a six- to nine-month delay in the ability to disburse federal funding. To date, FEMA
    has continued to ramp-up activity and funding for hurricane-related projects; however, given
    FEMA's increasing role in responding to COVID-19, there will be pressure on FEMA to
    implement both mandates simultaneously.
     The 2020 Fiscal Plan posits that, based on how disaster relief funds are spent, these funds will
     impact the economy in various ways: to build the capital stock of the Island through
     constructing and repairing buildings or utilities, to directly impact the economy through
     spurring consumption of goods and services on the Island, or to fund programs and services
     on the Island. The 2020 Fiscal Plan estimates a different rate of pass-through to the economy
     for each of these different types of funding as follows:16
     •   A 15.5% pass-through rate is assumed for funding that is used to construct and repair
         utilities, given the reliance on specialized labor and materials for such projects (e.g., FEMA
         Category F Public Assistance funding towards constructing public utilities). The rest of this
         funding flows to the Puerto Rico capital stock and therefore contributes to long-term
         growth.
     •   A 23.5% pass-through rate is used for funding that is employed to construct and repair
         residential, commercial, and school buildings given the ability to rely more on local labor
         and materials (e.g., repair to public facilities damaged by the storm). The rest of this


     16 Esti• mated using local contracts for PREPA, residential construction and school construction. These contracts were estimated
         to have between 10% and 18% pass-through on the economy, respectively, which was then augmented by 55% average
        spend on transportation and logistics on construction projects, which rely on 100% domestic labor.


                                                                   31




                                                                                                                      DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                  Desc:
                   Exhibit DRA Exhibit 235 Page 32 of 271


         funding flows to the Puerto Rico capital stock and therefore contributes to long-term
         growth.
     ■ A 23.5% pass-through rate is assumed for funding that is directed towards programs and
       services (e.g., private insurance payments to reimburse personal auto expenditures), as
       this funding hits the Puerto Rico economy through the labor associated with importing
       and transporting. This type of spending does not contribute to the capital stock on the
       Island, and therefore does not contribute to long-term growth.
     ■ A 100% pass-through rate is assumed for funding that is used directly and in full to replace
       income or stimulate spending on goods and services originating on the Island (e.g.,
       disaster nutrition assistance). This type of spending does not contribute to the capital stock
       on the Island, and therefore does not contribute to long-term growth.
     ■ CDBG-DR funds put toward cost-share are not passed-through to the economy. These
       funds are used towards the local share of FEMA projects whose value is already accounted
       for in the respective categories.
    The 2020 Fiscal Plan also assumes that $750 million in working capital will be made available
    to address the liquidity constraints associated with the reimbursement nature of disaster relief
    programs, subject to certain guidelines, restrictions, and best practices that the Oversight
    Board will establish. This will help to accelerate FEMA-approved reconstruction projects,
    particularly for permanent projects.17

     4.2.2 Federal and local economic support in response to the earthquakes
    The 2020 Fiscal Plan includes $595 million in funding from FEMA to cover the damage caused
    by the earthquakes. This estimate (which is included in Exhibit S above) includes $505 million
    in Public Assistance funding, of which $438 million is for Category B — Protective Measures,
    $54 million is for Public Assistance Management Costs, and $14 million is for Category A -
    Debris Removal. The remaining amounts are divided between Individual Assistance ($8o
    million) and Mission Assignments ($10 million). The 2020 Fiscal Plan applies a 23.5% pass-
    through rate on these funds as they are directed toward the reconstruction of public buildings
    and facilities (see Section 4.2.1). The earthquake-related federal funding is assumed to impact
    the economy from FY2020 through FY2023. Additional federal funding (including FEMA
    Category C-G funding for permanent works) may become available, however, there is no
    estimate yet of damages that would allow for estimation of this additional federal funding.

     4.2.3 Federal and local economic support in response to the COVID-19
            pandemic
     In response to the COVID-19 pandemic, both the Federal Government and Puerto Rico
     Government have launched major relief packages to contain and mitigate the spread of the
     pandemic, support residents and frontline workers, and help the Island's economy rebound.
    On March 6, 2020, President Trump signed an $8.3 billion emergency COVID-19 aid package.
    At least $1.05 billion of this package will be distributed to state, local, and tribal government
    efforts through grants and cooperative agreements with the Centers for Disease Control and
    Prevention or as reimbursements from the Federal Government. The initial federal aid
    package was focused largely on public health concerns.
     On March 13, 2020, President Trump declared a national emergency in response to the
     COVID-19 pandemic. The declaration allows the administration to utilize the Stafford Act, a



     17 The working capital facility is considered a use of the Commonwealth balance sheet, not a Fiscal Plan expense.


                                                                 32




                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                             Desc:
                   Exhibit DRA Exhibit 235 Page 33 of 271


     federal law governing disaster-relief efforts and makes $50 billion in emergency funding
     available to states and territories.
     On March 18, 2020, the Families First Coronavirus Aid Package was signed into law. The bill
     includes free COVID-19 testing for uninsured individuals, emergency paid sick leave,
     expanded family and medical leave programs, unemployment assistance, food aid, and federal
     funding for Medicaid.
    A third phase of federal COVID-19 relief, the Coronavirus Aid, Relief, and Economic Security
    ("CARES") Act, was signed into law on March 27, 2020. The relief package allocates
    an estimated $2.2 trillion to battle the harmful effects of the COVID-19 pandemic. The
    package is the largest fiscal stimulus package in modern American history and aims to
    financially support both governments and businesses, provide relief to individuals, and
    expand COVID-19 response measures, as well as build future resiliency. The bill includes $150
    billion of direct support to state and local governments. In addition, eligible individuals will
    each receive a $1,200 direct payment, as well as an additional $500 for each dependent child,
    in each case subject to income phase-outs. The bill also provides for additional unemployment
    insurance benefits for individuals impacted by COVID-19, including incremental benefits of
    $600 per week through July 31, 2020 and a 13-week extension in the amount of time than an
    individual may collect benefits (from 26 to 39 weeks). On April 24, 2020, the US government
    passed the Paycheck Protection Program and Health Care Enhancement Act, which can be
    considered as an extension of the CARES Act. This package provides an additional $482 billion
    for small businesses, healthcare providers, and expanded testing to address the COVID-19
    pandemic.
    The 2020 Fiscal Plan includes an estimate, shown in Exhibit g below, of what portion of these
    federal funds will be allocated to Puerto Rico, relying on a combination of direct federal
    government sources and agency announcements, and, in some cases, based on historical
    analogy (e.g., the American Recovery and Reconstruction Act of 2009).




                                                  33




                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                            Desc:
                   Exhibit DRA Exhibit 235 Page 34 of 271


     EXHIBIT 9: ESTIMATED COVID-19-RELATED FEDERAL FUNDS ALLOCATED TO
     PUERTO RICO
                                                                                                                                      EatirnoiedUS          Esrimared Poe no
                                 Carla-prior                                                Thelay /Secilon(si.                        Funding.             Rico Funding
                                 Phase 1: PreparednessA Response Sups. Approp. Act          Multiple                                          8.267                          31
        Phase 11.8 03*
                                 Prase 2: Fandbes Fire Coronarrus Response Act —            Multiple                                        108.327                         367
                                 Sub-Tole, Phasel EL 2                                                                                      175,694                         398
                                 Emergency Surf end Tespeyer RontettrAS (COrhorate IOW*     4002, 400517E70                                 450,326                         500
                                 Emergency Reel are Taxpayer FrOtordtral tuition)           4002. 4003 (16s)                                  48.000
                                 dorceaveus Retie Fund                                      §xpl (221)                                       i50,000                       2241
                                 Federal Transli Administration                                                                               25.009                         169
                                 Governors Emergency Fducanda Reef Fund                     FAM 7d(234)                                        2953                           48
                                 Elementary end Secondary EdhoOtEmergericyReisP1 Fund                  (5f4)                                  13,229                         349
                                 Higher Educaron Emergency RehoT Fund                       Toe        cn4i                                   13,053                         321
                                 Censtosnay Bekekotownt Fund                                Tale 101 1326)                                     5.000                          34
                                 Hameieas Assistance Grants                                 The XII (32E)                                      4.000                          17
                                 State and Local Law En forcernentAcliv lies                The 1 (233.i                                        850                            9
                                 Recovery Rebates tor Indmillsais                           2201 1554                                       292 374                        3,060
        Mese                     Psoilerti0 11nldnPlayrrkrd Aenermr*                        2102 633L 2101PIP                               260.000                        3,858
        CARES Act                Paycheck Protection ', rowan,                              1102, 1106 (64                                  350.000                          659
        10347)                   Pubic Health and SocUl Services Emergency Fund             The VD 1281), The vie (2813)                    046.360                          256
                                 Domestic Food Programs                                     -ate 1 1227, The I (228}                         25.063                          237
                                 NiferreciTaites For Businesses                               blipie                                        249,613                          315
                                 Wile CARES Act Irleariurea                                                                                   67.958                        293
                                 Other Government incentives                                uOA de                                            10.579                         50
                                 bdIvidual tan incentives                                   Multiple                                          10,202
                                 Disaster Flake Fund                                        The VI                                               oto                        229
                                 SBA - EEC Loans 4119. .Gronis_                             Tile I                                            27,038                         52
                                 Housing assestince COMO                                    Multiple                                           3,421                         49
                                 Educe-F*1n                                                 Tile Vr                                              015
                                 Naomi OuSid                                                NuIiple                                            1.491                          7
                                 Sub-Total, 3.0 CARE 5 Act                                                                                 2.20.036                    12.307
                                 Incrametilall Paycheck Protection Program                  Amendment to CARES                              322.100                        1,054
        Phase 3.5                licreinenlal Snug BuS ass Emergency Graril                 Amendment to CARES                                69.000                          60
        CARES Act                Incremental tiosplel Funding                               .Amendriteni to CARES                             76.000                          75
        404l3411                 inerarneniai CoronevInisTesting Funding                    Amendment to CARES                                26.000                          25
                                  Sub-Total, 15 CARES AO                                                                                     442104:1                      1214

        cl.lredo     rviv-i•.-                                                                                                             3.50/.730                   11.9/8

     I Adatlional payouts gill mule from Commonwealth s5en005 but are gramme together here as airmails Woos win the photos Unerrohoyetant insurance rams In Me CARES act
     2 1. c., 1,-,i311.-c                ,ould cv• " •    "   : .r- 77 1 01.      ...sstra



    In addition to the federal stimulus package, the Puerto Rico Government, with the support of
    the Oversight Board, announced a package of direct assistance to workers and businesses
    amounting to approximately $787 million, as shown in Exhibit 10, of which $500 million was
    incremental new spending (made available via a special appropriation), $131 million was for
    education related materials through existing federally-funded government contracts, and $157
    million was reapportioned within the FY2o2o Commonwealth General Fund budget. The
    budget for this Emergency Measures Support Package was certified by the Oversight Board on
    April 2, 2020. It is assumed in this 2020 Fiscal Plan that approximately $336 million of this
    aid package may be eligible for reimbursement from the $2.2 billion of funding allocated to
    Puerto Rico under the CARES Act.




                                                                                        34




                                                                                                                                                               DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                                  Desc:
                   Exhibit DRA Exhibit 235 Page 35 of 271


     EXHIBIT 10: PUERTO RICO EMERGENCY MEASURES SUPPORT PACKAGE
     PROVISIONS
                                                                                                                                                                                          F= ref
                                                Category                               Deacoptorr
     Direct Payment to Sett-Employed            Self-Ef9PbYnd                                one-tine ease paymere for apptotomaletylE.Edraelf-erroloyed                                     MT

         reCr paymetrtto atrial I bus:nestles   61TO bolhelan                          61.660 ITisitre cash payment for approximetely 40.000 aural !witnesses                                &Di
                                                POW MOMS                               54.040 bean per n urselnottWdunp 272 Dept of Lartecuona I Health nurses; separate lase)                214
                                                Private SedOr Horses                   Oenus tor private sector nurses
                                                Pruhlasi1rval WACO* num,*              bonus tar protesabnalsemoennuraes                                                                      22y
      3onutt for Medical and Support Star
                                                Dept of CeenterVnaltIOOlb florae*      54,000 bOrnis per nurse
                                                Technician*                            $2.$00 boars for800 technician                                                                          1,5
                                                DIrtifa                                Pubic 'actor uharrracisla 1116), madtailachnclogists(3,211), Reasaeni5-M0 (005)                             11'

                                                 ASS person*                           581 elan                                                                                                25
                                                Police 015cera                         11,050 kora *Moe roles (thee VI include 600 curreilOy rapUrled under leave of absence)                 086
                                                Freaunters                             1,x55 trantnace role* Woe not 0.0.4055 repartee under !neve olabience]                                      i
                                                Emergency Danagernonl                  112 front Waco MOW !doe* not bare 12 reported under leave o f Obbanesi                                  6.0
      Bonus for C c noin9P 5 en Pier"           Magi                                   154 iron' office talon ?MS net Masts 2 reported under inaveof absence/                                  14
                                                Specal Inveab2aboasi
                                                                   bil                 74 front arum rota
                                                Formals                                221 tract Oilcan:0es
                                                Munk:pal pater                         54,000 balms tor 2128 afters                                                                           157
                                                i
                                                lunio*teicantro                        53,500 Pena* tat 5P once,*                                                                              64
     Bonus for Court Matt                       Court Staff en eltrty                  51,00 tows mr dog o fficers
     Pony' Tor tramentla Internet               Intorno reventA4gents an Only          12,0(10 beim for 254I snarls                                                                            11A
     Revenue Aperds
                                                Dept- or Eductlion teethes, abJdenls   PurOtWee Of tabStIS, SOftwent.traMilg for apprs.sksalalPfM0013 near tchalb:.                          1213
     Make riaL, tor the DepartrnetS of          and dYmitors
     E.dutatart                                                                        liateriOU ter 151431310 indleiduas Islip& paid by tbe     Debartrnen      Educatinn ttiretNht*        130..6
                                                                                       contracts
                                                Public Hearth('                        01 511 per month for twe moms formates! so poles not diedly feinted COVC-15. rnsterTalet               38.6
     Hospital Invest:meta s
                                                                                       related to C2VC-19 are COVErEl wMS1661a fromEmergency Plasma and Federal Funding

     Public Safety Investments                  Depeutment of Pubic Safety             SONII for equipment and espial expenditures                                                            20.,11

      So pflOrt TO the Municipalttres           Ilunicipaites                          35041. per 11101T111 . hw Iwt months based on a Mar divishin of polaulatit n by mama:Italy            1110.6
                                                Department of Correellons              83.500 bonus per fr ont-fn e Corrections stiff                                                         18.8
      Dos us for Corvactoro Ern ployees
                                                Correctional Heath                     03..600 bonus per Fronc-lineCorrecio;s111eeln sto       awn-numbs]                                       0.5
      1,17A                                     Cost of mortrtonom on tots             Lasso} outstanding S31.1 moony repeats fortom months                                                    6.0
                                                1i:serve                               Reserve tonil be transferred Is frst responders and tleatheare ligroin/S01ton as-needed                  1.6
      Resole*                                                                          I:4114110 covet any deficiency Ni 1hi drstrtution tithe cash inceterres. Hoosiers are berIECI at
                                                                                       CAlnIte.3: schialdisbursements may vary from Mks e_sDratea)
                                                                                                                                                                                              707




    These funds will play an essential role in helping to mitigate the unprecedented economic
    damage from the sudden economic shock caused by the pandemic.
    The 2020 Fiscal Plan incorporates the combined effect of federal and local economic support
     in three ways. First, certain types of funding intended to prevent revenue and job loss are
     assumed to mitigate what otherwise would have been even higher unemployment and revenue
     loss had those funds not been provided. These funds are implicitly reflected in the 2020 Fiscal
     Plan because, without them, the income loss estimates would have been larger. The federal
     Paycheck Protection Program, which is designed to encourage businesses to keep employees
     on the payroll, is one example of this type of funding
    The second type of funds are those administered through economic support programs
    designed to provide income support directly from the federal or local government. Examples
    include unemployment benefits, economic impact payments, and direct payments to small
    businesses and self-employed.
     Finally, for government expenditures and programs funded by federal and local economic
     support programs, the 2020 Fiscal Plan uses the same approach as it does in estimating the
     pass-through of these expenditures to Puerto Rico as has been used for other types of
     economic stimulus funding such as disaster-recovery spending. Specific pass-through rates
     used on this funding are detailed below:
     •        A 23.5% pass-through rate is applied to spending on government programs and services.
              Examples include funding for law enforcement and the National Guard in Puerto Rico.
     •        A 5.5% pass-through rate is assumed for funding that is primarily directed to acquisition
              of goods that will predominantly be sourced off-Island. This funding impacts the Puerto


                                                                                               35




                                                                                                                                                                              DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                           Desc:
                   Exhibit DRA Exhibit 235 Page 36 of 271


          Rican economy only through the on-island transportation of such goods. Examples of this
          are testing and medical equipment, or educational supplies to facilitate distance learning.
     The economic impact of the local and federal relief funds occurs in FY2o2o and FY2o2i. These
     funds help counter the income loss on the Island but cannot fully prevent the negative impact
     on business activity caused by the pandemic.


     4.3 Impact of fiscal or Government efficiency measures
    Government efficiency measures seek to streamline and transform the
    Government of Puerto Rico to deliver critical government services to the population and
    business sector more efficiently by optimizing revenue collection and reducing government-
    wide expenditures, while ensuring sustainability of those services over time given population
    trends. Such policy actions will generate a contractionary impact on the economy in the short
    term but are necessary to drive government efficiency and fiscal sustainability, as well as
    improve service delivery, in the long term. The net effect of these two forces is still significantly
    positive from a fiscal savings perspective through FY2049. The short-term macroeconomic
    impact of the measures is summarized in Exhibit n.
     EXHIBIT 11: MACROECONOMIC IMPACT OF FISCAL MEASURES, INCLUSIVE OF
     DISASTER RELIEF SPENDING
      Fiscal Measures Effect on Real GNP

                                   0.5




                                                                                                -0.2
              -0.3



                                                                                                                     -0.6



                                                       -1.0                 -1 0
             FY20                 FY21                FY22                 FY23                FY24                 FY25

    The 2020 Fiscal Plan assumes that the fiscal impact of disaster relief spending and fiscal
    measures is not permanent, but rather is unwound over the course of several years. The 2020
    Fiscal Plan unwinds these over five years, as model-based and econometric studies find that
    the output effect of an exogenous fiscal shock typically disappears within five years, even if
    fiscal measures are permanent.16



     18 Batini, N. Eyraud, L and Weber, A_ Simple Method to Compute Fiscal Multipliers", IMF Working Paper WP/14/93, as well
         as Mountford, A. and Uhlig, H. "What are the Effects of Fiscal Policy Shocks?" Journal of APplied Econometrics, 24: 960-
         992 (2009) and Jorda, C. and Taylor, A. The Time for Austerity: Estimating the Average Treatment Effect of Fiscal Policy,'
         Economic Journal, 126: 219-255, February 2015.


                                                                  36




                                                                                                                    DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 37 of 271


     4.4 Impact of structural reforms
    The estimated impact of structural reforms is based on work done by the International
    Monetary Fund on labor reforms implemented in Europe (e.g., Spain and Estonia) and South
    America (e.g., Peru and Colombia), among other jurisdictions; utilities reform in Latin
    America; broadly-accepted metrics for measuring improvement in the World Bank's Ease of
    Doing Business Rankings (as we]] as case examples of growth experienced by countries that
    have implemented such reforms); and education reforms in Europe and elsewhere. Structural
    reform benchmarks, to the extent possible, come from nations or jurisdictions that face similar
    constraints to Puerto Rico (e.g., limited monetary policy options, high informal labor
    markets).
     Energy and ease of doing business reforms are projected to increase GNP by
     o.6o% by FY2o25, and Human Capital and welfare reform is expected to add
     another o.15% in FY2o26 (Exhibit 12), Finally, K-12 education reforms add an
     additional 0.01% annual impact beginning in FY2o37, resulting in total GNP
     increase from structural reforms of 0.75% by FY2o26 and o.88% by FY2o49. The
     anticipated timing of the incremental positive impact of these reforms has been delayed in this
     Fiscal Plan given the delay in the Government's implementation efforts.
     EXHIBIT 12: MACROECONOMIC IMPACT OF STRUCTURAL REFORMS

      Structural Reform Effect on GNP.


       Human Capital And Welfare Reform




       PPP's/energy reforms
                                                                   0.10      0.10      0.10



       Doing Business Reform
                                                                             0.10      0.10      0.10


       Total Structural Reform Impact

                                                                   010       0.20      0.20      0.10      0.15




                                                FY20 FY21 FY22 FY23 FY24 FY25                             FY26

           By FY2049, K-12 Education reforms add 0 3 cumulative impact, resulting In 0.08% annual Imp et on GNP




     4.5 Population projections
     Even before Hurricanes Maria and Irma hit the Island in 2017, Puerto Rico's population had
     been trending downward by 1-2% every year as residents have left to seek opportunities
     elsewhere and birth rates declined. In 2016, the US Census Bureau's official forecast, projected
     a worsening population outlook due in large part to Puerto Rico's rapidly-aging population.
     This high average age range results from extremely low age-adjusted birth rates and
     outmigration of younger people. Indeed, in 2016, Puerto Rico began to experience negative

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     natural population change (a higher number of deaths than births). This negative natural
     change has continued unabated into 2020.

     Hurricanes Irma and Maria served to compound the problem, spurring an additional outflow
     of people just as natural population decline has set in, as many residents lost houses, jobs, and
     loved ones. While some of these people have returned, the population is still projected to
     decline over the course of the 2020 Fiscal Plan period (Exhibit is) and beyond. Further
     disasters, such as the series of earthquakes experienced in 2020, have not made a swift return
     to balanced migration any more likely. But while net migration is a larger driver of population
     change in the short term, this factor is volatile; in the Iong run, net migration is projected to
     return to more balanced trends. Meanwhile, natural population change is not guaranteed to
     rebalance at any point, and births are likely to continue declining, while deaths are projected
     to rise or stay stable.

     The COVID-19 pandemic has been less severe in Puerto Rico than in many other areas thus
     far, and therefore no large epidemic-driven mortality rate increase is anticipated. COVID-19
     is expected to suppress air traffic between Puerto Rico and the mainland, and thus impact
     migration, but this effect will be transitory.

    As outlined in Exhibit 13 below, this 2020 Fiscal Plan projects that by FY2o25, there will be
    9% fewer people living on the Island than in FY2019, and that by FY2049, the drop will grow
    to 30%.
     EXHIBIT 13: PROJECTED POPULATION CHANGE
       Annual population', -' 05
                                                                                    dd. annual decline

            4111110 CID 411110                                             CCP 411.
              3.033
                                           2,984
                                                      2,938
                                                                   2.891
                                                                            2.851
                                                                                             2.813




              FY20                         FY21       FY22         FY23     FY24             FY25
        •      Mit iir■telha ,veal I I !I • MEI s••




     4.6 Impact of First Circuit ruling on Supplemental Security
           Income benefits
     On April 10, 2020, the US Court of Appeals for the First Circuit issued a ruling in a case related
     to the eligibility of Puerto Rico residents for Supplemental Security Income ("5SF) benefits

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     (US v. Vaello-Madero, 2o2o). SSI provides "monthly benefits to people with limited income
     and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also
     get SSI."19 SSI benefits have been available to otherwise qualifying residents of the 50 states,
     the District of Columbia, and the Northern Mariana Islands. Residents of Puerto Rico,
     however, have not been eligible for SST benefits.
    The case involved an SSI recipient who moved from New York to Puerto Rico and was
    subsequently required to repay SSI benefits received while the recipient was resident in Puerto
    Rico. The court ruled in favor of the recipient, finding the exclusion of Puerto Rico residents
    from SS! coverage to be invalid.
    The court's finding is consequential, but the path forward is highly uncertain. The US
    Department of Justice has not indicated whether it intends to appeal the court's ruling, and
    the Social Security Administration, which administers SSI benefits, has not issued public
    guidance on how it will address the ruling of the court or on what time frame it will do so.
     If SSI benefits were ultimately extended to eligible residents of Puerto Rico, initial analysis
     suggests that it could provide over $i billion in incremental annual federal transfers to Puerto
     Rico. This amount would undoubtedly be welcome support to qualifying residents across the
     Island and could enable some level of increased consumption. The ultimate economic impact
     of these transfers is unclear, however, and will be examined in future Fiscal Plans. As of the
     time of certification of the 2020 Fiscal Plan, there is no information as to when and how the
     benefits will become available to residents of Puerto Rico, how the Government of Puerto Rico
     will work with the Social Security Administration to implement the changes, and what
     program integrity steps will be taken to ensure only those eligible receive it.



     Chapter 5. Fiscal Plan financial projections (FY2o2o-
     FY2o25)
    The COVID-19 pandemic will have a profound impact on economic growth and, ultimately, on
    Government revenues. In a recent report, Moody's Investor Services stated "it will take years
    for state revenue to return to 2019 levels without tax increases, while recovery to a level where
    no COVID-19 crisis occurred is unlikely over a five-year horizon."20 The impact to Puerto Rico
    is expected to be no less severe, with a real GNP decline in FY2020 of -4.0% will change the
    trajectory of economic activity in Puerto Rico over the entire forecast period.
    As a consequence of this new economic reality, before measures and structural reforms (i.e.,
    in the "baseline forecast"), there is a pre-contractual debt service deficit for all years of the
    2020 Fiscal Plan.21 This deficit gets worse over time, as federal disaster relief funding slows
    down, Supplemental Medicaid funding phases out, Act 154 and Non-Resident Withholding
    revenues decline, and healthcare expenditures rise.
    The fiscal measures and structural reforms contained in the 2020 Fiscal Plan are the main
    drivers for a significant portion of the surplus in the 2020 Fiscal Plan. Fiscal measures will
    drive —$10.0 billion in savings and extra revenue over FY2020-FY2025 and structural reforms
    will drive a cumulative 0.88% increase in growth by FY2049 (equal to —$24.7 billion).
    However, even after fiscal measures and structural reforms, and before contractual debt
    service, there is an annual deficit reflected in the projections starting in FY2032. This is, in

     19 Understanding Supplemental Security Income (551) Overview -- 2020 Edition, US Social Security Administration
     20 Moody's Investors Service, April 24, 2020: 'Revenue recovery from caronavitus hit will lag GOP revival, prolonging budget
         woes"
     21 The baseline forecast also reflects the pledge of a portion of annual SUT revenues to COFINA creditors as per the terms of
          the COFINA Title III Plan of Adjustment.


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     large part, due to insufficient structural reforms, including continued highly regulated and
     restrictive private sector labor market policies that prevent higher growth, a lack of progress
     in rolling out the NAP work requirement to increase labor force participation rates, and more
     meaningful Ease of Doing Business reforms to improve the economy's competitiveness and
     attract greater levels of investment and job creation. Exhibit 14 illustrates the projected deficit
     / surplus through FY2025.
     Projections for FY2026 onwards are included in Chapter 6.
     EXHIBIT 14: PROJECTED DEFICIT I SURPLUS PRE- AND POST-MEASURES

      Propelled defied t surplus pre- and post-nieasure,
                                                       .- 1



                                               22 329         2170        zi             20 END         19. 116        18.874         19,095     19,262
       Revenue pre-rrpeasw es



       Expenditures pre.
       measures                               (20,088)        (2(1.706)   (20,025)      (20.596)       (20.491)       (20.550)       (20.709)    (20,948)


                                               2,240           3.091
       SUrplusJdeficit pre-                                                1 911           333
       queasy re S
                                                                                                         (717)         (1 676)        (1.615)     (1.686)

                                                                                                                       2,044          2,20E       2,359
                                                                                                        1. 530
       Me asures                                                111.       111            106



                                                               5r1Pgi
       Surplus port-                           2.324                      1.416                                                                   Est
       rneasuPeOSRs                                                                       440                           31:9              591



                                               FY18            M9          FY20           FY21          FY22           FY23           FY24         FY25


       '4..1 !gee* Mum' lug Itto tow; elperrwiteLeu, of suLn7.urel fearms 3rd ret c, 3A,d Ulm mesa -rt•las
       aT:a %.• ••••X sawn ca- aniargivn cantra cuss Excl. andninunna nrex,
                                                                         . tes fbr                     fw.x.erri unnamed km.venarnm 2-•
             FPR,          PEA       '3,t1rireff -rrud erocarel•




     5.1 Baseline revenue forecast
     Major revenue streams (Exhibit 15) include non-export sector General Fund revenues
     (including individual, corporate, and sales and use taxes) and export sector revenues
     (including Act 154 excise taxes paid by multinationals operating on the Island, and Non-
     Resident Withholdings), as well as federal funding. The 2020 Fiscal Plan also includes
     clawback revenues in the Commonwealth's revenue streams and surplus calculations; this is
     based on the Oversight Board's legal conclusions that (i) such monies are property of the
     Commonwealth, (ii) each statute appropriating or transferring such monies to
     instrumentalities of the Commonwealth is preempted by PROMESA, (iii) such statutes were
     enacted by prior legislatures that cannot bind the current legislature, and (iv) in any event,
     under the Puerto Rico Constitution, such monies would not be transferred to the
     instrumentalities while General Obligation debt is not being paid according to its terms.
    The 2020 Fiscal Plan generally reflects the revenue impact of COVID-19 in line with the
    estimates of macroeconomic impact described in Section 4.1. There is expected to be
    significant near-term uncertainty in the level of revenue collections as the expected duration
    and severity of the COVID-19 induced recession is constantly evolving. Personal income taxes
    will be significantly impacted by high unemployment. Consumption taxes will be impacted by
    lower overall economic activity. The 2020 Fiscal Plan estimates these impacts based on the




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     information currently available. Relative to the 2019 Fiscal Plan, general fund revenues are
     expected to be 12% lower in FY2o2o and 11% lower in FY 2021.22
    Administrative actions taken to delay tax payment due dates had the effect of delaying receipt
    of —$668 million in taxes otherwise due in FY2o20 to FY2021, according to Hacienda
    estimates. The 2020 Fiscal Plan treats these revenues as FY2o2o tax revenues even though for
    some taxes the deadline for payment has been extended to early FY2021. The 2020 Fiscal Plan
    also forecasts that io% of these revenues will not be received due to taxpayer inability to pay.
    The Oversight Board will work with Hacienda to track these receipts and adjust for actuals,
    including losses due to taxpayer inability to pay. In addition, —$44 million in FY2o2o SUT
    collections will be foregone as a result of tax exemptions on prepared food and on purchases
    for COVID-19-related first-aid items through May 2020
     EXHIBIT 15: MAJOR REVENUE STREAMS

      Key genera( fund revenue drivers, post -measures .


       Personal income
       taxes'
                                        _                _                              2148    -    .2149              2184.

       Corporate income
       taxes                                                                                          1             _   1,855     _   1 877


       Sales and use tax
                                               1 817                     1.957          1.972         1_94t             116,f__        7 91.3

       Act 154
                                                                     1891. _        - 1,447         - 1,199—            1,199-1,1

       Non-resident
       withholdings                             474                      570             583          535                537           539
                                                   1


       Other general fund
       revenues=                        - 1,3611—_IL37UN-1412                                         1.394=1:408


       Total                                41111:110            CO                                 41110 (IP WO
                                               FY20                      FY21           FY22          P23               FY24          FY25

       :rare    ntmuir 4,e uI fn“ IrahNr.k, FTC lonlmi uppili4iwy7atiairviN4 7m. .re
       r.,atiq 0.4 ilia lint3111 miNecti cob:10-* snot pima aii,gtOrtp
                                                                     serlYme--
       Ortglr 0,4sni■ turkl rtmse.,s Elvle [tare.' furs rLEV nEOCIE• WtOselc rc. ces ■re3 cow             sumnif.       J,C.S




    Additional details on the fiscal plan revenue streams are provided below, with details on the
    financial projections included in the Appendix. The following sections describe the longer-
    term approach to estimating revenues for key revenue streams.

     5.1.1 Non-export sector General Fund revenue projections
     Individual income taxes: Individual income taxes are highly concentrated, with 78.296 of
     revenues coming from the 8.7% of returns reporting income above $60,000 in FY2018.23 The
     2020 Fiscal Plan also incorporates the expected incremental tax collections associated with
     disaster recovery spending. Individual income tax collections outperformed relative to GNP
     growth in FY2018 and FY2019, and were on trend to do so again in FY2o2o prior to the onset
     of COVID-19. The 2020 Fiscal Plan projects that disaster recovery spending will continue to
     contribute to the income tax base, either through mainland workers temporarily working in

     22 Adjusted for one-time corporate income tax payments not included in the 2019 Fiscal Plan forecasts
     23 Hacienda historical reports as of April 2018


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     Puerto Rico or from Puerto Rican residents entering the formal economy as a result of disaster
     recovery projects.
     Corporate income taxes: There is also concentration in tax receipts among the largest
     corporations operating in Puerto Rico (e.g., —29% of corporate income taxes are paid by 20
     corporate taxpayers).24 Historical aggregated data from Hacienda showed an influx of
     corporate activity spurred by reconstruction funding and mainland-based firms entering the
     Island economy. This had led to higher corporate income taxes relative to GNP in FY2018 and
     FY2019, and this trend was continuing in FY2020 prior to the onset of COVID-ig. The 2020
     Fiscal Plan incorporates the contribution of disaster recovery spending into future years. The
     2020 Fiscal Plan projections reflect certain adjustments to corporate income tax revenues
     attributable to one-time M&A activity which resulted in a non-recurring $488 million of
     revenues in FY2020 and $73 million in reduced corporate income taxes starting in FY2021, as
     projected by Hacienda.
     Sales and use taxes (SUT): As with corporate and personal income taxes, SUT
    outperformed relative to GNP in FY2018 and FY2019, likely boosted by the increased
    economic activity resulting from the post-disaster reconstruction process (including through
    the replacement of lost inventory), as well as higher SUT compliance by those larger firms less
    impacted by the storm. The 2020 Fiscal Plan incorporates this incremental tax collection as
    disaster recovery continues in future years. Following the COFINA Title III Plan of
    Adjustment, a portion of SUT collections will be used to pay the settlement going forward. This
    portion reaches —$1 billion annually starting in FY2041.
     Other General Fund revenue (Motor Vehicles, Alcoholic Beverages, Cigarettes):
     Motor vehicle revenue tax receipts surged in FY2018 and this trend continued into FY2020,
     as residents accelerated motor vehicles purchases in the aftermath of the storm. The 2020
     Fiscal Plan reflects accelerated purchasing of motor vehicles that subsides and returns to
     historical trends over multiple years. The 2020 Fiscal Plan also reiterates a need for Hacienda
     to address challenges with cigarette taxes, which were $72 million short of required collections
     in FY2019. This trend was continuing in FY2020 pre-COVID-ig, as Hacienda has yet to take
     steps to recover the lost revenues.
     Export sector revenue projections: Act 154 and Non-Resident Withholding (NRW) tax
     revenues are concentrated in a small number of multinational corporations. From FY2017 to
     FY2023, the 2020 Fiscal Plan estimates that Act 154 and NRW revenues will erode due to US
     federal tax reform (reducing Puerto Rico's attractiveness as a low tax jurisdiction for
     multinationals), global supply chain diversification, and patent expirations.

     5.1.2 Medicaid funding
    On a steady-state basis (i.e., in the absence of supplemental federal legislation), Medicaid costs
    are funded primarily by the Commonwealth, as there is a cap on available federal funding.
    Typical annual federal funding streams for the Commonwealth are the following, and are
    projected based on current law and statutory growth rates:
     ■ Standard annual federal Medicaid funding. Although Puerto Rico has a 55% federal
          matching assistance percentage (FMAP), the amount of annual federal funding received
          under Section 1108 is capped each year. For FY2020, this funding stream was expected to
          be capped at $380.3 million, and though the cap grows each year according to the Medical
          CPI-U, it does not keep pace with healthcare expenditure growth.25 Each year, —$100

     24 Hacienda historical reports as of April 2018
     25 According to §1108(g) of the Social Security Act., from 2011 to 2016, the cap grows by the medical component of CPI-U as
         reported by BLS each year. From FY2011-FY2016, this growth averaged 2.9%. This inflation rate differs from the healthcare
         inflation index for Medicaid and Medicare used elsewhere in the 2020 Fiscal Plan (4.5% to 5.5% from FY2020-FY2022,
         decreasing to 4.75% in FY2049). Instead, the medical component of CPI-U includes other factors that lower the inflation rate



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         million of these funds are not available to cover premium expenses, but rather are
         transferred to the Department of Health to cover disbursements to Federally Qualified
         Health Centers ("Centros 330" or "FQHC") and Medicaid Program operations.
     ■ Children's Health Insurance Program (CHIP) funding. CHIP funding is not
         subject to a federal funding cap. Without additional legislation, the CHIP matching rate
         (E-FMAP) for Puerto Rico is expected to be 68.5%. Under the Affordable Care Act, the E-
         FMAP for Puerto Rico was raised to 91.5% through September 30, 2019; under the 2020
         Further Consolidated Appropriations Act, the E-FMAP was increased to 83.2% through
         September 30,2021 (with an additional 11.5% increase through September 30, 2020 under
         the 2018 HEALTHY KIDS Act); and under the Families First Coronavirus Response Act,
         the E-FMAP was increased to 99.0%. When these pieces of legislation expire in October
         2021, the federal cost share is projected to decrease to the standard level (-68.5%).26

     ■ Increases in available Medicaid funding from federal legislation: Since 2011,
         Puerto Rico has received temporary relief from rising healthcare costs through increased
         levels of federal reimbursement made available through the passage of the Affordable Care
         Act and the Bipartisan Budget Act of 2018. In December 2019, the Further Consolidated
         Appropriations Act was passed, which provided supplemental federal funding (up to $5.7B
         in total) to Puerto Rico's Medicaid program through September 30, 2021 (i.e., the first
         quarter of FY2022). In addition, the law raised the FMAP—the portion of Medicaid
         expenditures that federal funds can cover—from the standard level of 55% to 76% for most
         populations. Finally, as mentioned above, in response to the COVID-19 pandemic, the
         Families First Coronavirus Response Act was passed in March 2020, further increasing
         both the available federal funds (adding an additional $183M) and the FMAP (increased
         by an additional 6.2% for most populations). The available supplemental federal funds and
         higher FMAP will both return to standard levels in October 2021 without new federal
         legislation. Accordingly, the Commonwealth will hit a "Medicaid fiscal cliff," whereby it
         will be responsible for multi-billion-dollar annual healthcare expenditures that had
         previously been covered by federal funding since 2011. The 2020 Fiscal Plan does not
         assume future legislation changes. The 2020 Fiscal Plan ensures that the Commonwealth
         is fiscally responsible under current law, and factors in the cost of Medicaid going forward
         in the absence of incremental legislation. To ensure healthcare for a substantial part of the
         population, the Commonwealth must be able to pay and manage these critical costs, which
         grow faster than inflation, regardless of the future federal legislative environment.
    Exhibit 16 outlines expected Medicaid federal fund receipts. After the first quarter of FY2022
    (ending September 30, 2021), supplemental federal funding is projected to phase out. This
    "funding cliff' further exacerbates the imperative and urgent need to implement cost-saving
    measures to reduce long-term Medicaid costs (Medicaid expenditures are discussed in detail
    in Section 5.2.4). All projections are based exclusively on legislation that is currently in force.




         by approximately 3-5 percentage-points, meaning the increase in the federal funding cap will nat keep up with actual
         increases in expenditures
     26 MACPAC: "Medicaid and CHIP in the Territories" (April 2020)


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     EXHIBIT 16: BASELINE FEDERAL FUNDS RECEIPT PROJECTIONS
      Medicaid Federal funding sources

                                           Social Security Section 1108 CHIP, and other standard Federal allocations
                                         It 2018 Bipartisan Budget Act &Affordable Care Act funding {temporary)
                                         ■ 2020 Further Consolidated Appropriations Act & subsequent relief Funding (temporary)


            2,456
                             2,387

            452
                              451




                                              1,037
                             1 030
                                               458
                                                                     527                    74(1                  566




            FY20                              FY22                   Efn                   FY24                   FY25




     5.1.3 Other federalfunding
    In addition to Medicaid funding, Puerto Rico receives other federal funds on a regular basis.
    These are not to be confused with disaster relief funds, which are directly tied to Hurricane
    Maria and earthquake reconstruction activity, or with COVID-19 response and relief funds,
    which are meant to cover incremental government spend to respond to the global pandemic.
    These funds typically cover both social benefits and operational expenditures. In the 2020
    Fiscal Plan, these funds have been modeled based on what types of costs they cover (e.g.,
    benefits or operations) as well as statutory formulas that define the size of Puerto Rico's
    allotment. For example, while Temporary Assistance for Needy Families (TANF) funds are
    typically pass-through (e.g., none of these funds go to operational costs), some Title I
    education funds are used for operational purposes (e.g., teachers' salaries, school supplies for
    programs for students with special needs, etc.). For the former, federal fund inflows and
    outflows mirror each other (as benefit needs decline, so do funds). For the latter, though
    inflows may decline, it does not necessarily mean expenditures decline as well — as
    expenditures are based on operations, not on benefits formulas, and the Commonwealth may
    have to fund the operations notwithstanding reduced federal funding. Meanwhile, while Head
    Start funds are allocated from the Federal Government based on the number of children living
    in poverty, NAP funds are provided through a block grant that is capped. The former,
    therefore, should change by population, while the latter should only grow with inflation,
    regardless of population changes.

     5.1.4 Special Revenue Funds
     Commonwealth agency Special Revenue Fund (SRF) revenues: The Commonwealth
     collects a significant portion of its revenues through Special Revenue Funds, which are funded
     from, among other sources, tax revenues transferred by statutes, fees and charges for services
     by agencies, dividends from public corporations and financing proceeds. Government tracking
     and reporting of these SRF revenues, associated expenses, and resulting surpluses or deficits
     has historically been incomplete and inconsistent. The baseline level of SRF revenues of


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    Commonwealth agencies (excluding IFCUs) has been updated in this 2020 Fiscal Plan. The
    2020 Fiscal Plan does not further detail SRF by type (special state funds, own revenues and
    other revenues), as Commonwealth agencies (excluding IFCUs) do not report this level of
    detail. Future budget and Fiscal Plan processes will aim to further clarify Special Revenue
    Funds and apply controls to ensure transparency and accountability for these revenues. SRF
    revenues from fees and collections are also expected to be negatively affected by the COVID-
    19 pandemic, as agencies face decreased demand for services as a result of the lockdown.
     Independently Forecasted Component Unit (IFCU) revenues: The Commonwealth
     contains thirteen Independently Forecasted Component Units, which range from public
     corporations (e.g., the State Insurance Fund Corporation) to public hospitals (e.g., the Cardio
     Center). These entities are mostly funded by Special Revenue Funds and may also receive
     General Fund appropriations. Through the FY2020 budget process and FY2019 actuals, the
     Oversight Board was able to gain more insight into the specific revenue streams for these
     entities to further refine the IFCU revenue projections. While most IFCU revenues are
     projected using GNP, given the unique nature of each IFCU, certain revenue streams are
     grown by other factors, such as inflation, population, or as governed by legislation. The 2020
     Fiscal Plan factors in the significant expected negative impact of the COVID-19 pandemic on
     demand for government- and tourism-related services.
    Municipal contributions to PayGo and ASES: The 2020 Fiscal Plan includes receipts
    from municipalities to cover retirement and healthcare expenses incurred by the
    Commonwealth on their behalf. Since the passage of Act 72-1993, ASES has received funding
    from municipalities for the administration and delivery of the Government Health Plan on
    their behalf. Similarly, since the passage of Act 106-2017, municipalities that participate in
    ERS are financially responsible for PayGo expenditures covered by the Commonwealth. The
    passage of Act 29-2019 disrupted this model and required the Government to fund
    municipalities' PayGo and Medicaid costs from the General Fund without receiving
    reimbursement from the municipalities. However, following legal proceedings initiated by the
    Oversight Board challenging the validity of Act 29-2019 under PROMESA, the Title III court
    ruled that Act 29-2019 violated PROMESA and nullified the law, thereby reinstating the
    municipalities' obligation to cover PayGo and healthcare payments for their employees. This
    ruling's consequences enabled the Commonwealth to seek reimbursement for prior payments
    made under Act 29-2019 and empowered the Commonwealth to act if these contributions are
    not received (e.g., to withhold payments for utilities, appropriations). The effective date of the
    court's ruling was delayed to May 7, 2020 so as to allow for the parties to discuss potential
    solutions to the financial challenges faced by municipalities, particularly in light of the COVID-
    19 pandemic. Accordingly, the 2020 Fiscal Plan assumes that municipalities fund their
    respective contributions for PayGo and healthcare expenditures going forward. In calculating
    municipalities' healthcare expenditures, however, the 2020 Fiscal Plan does take into account
    the incremental federal funding support in FY2021 and FY2022 made available through the
    2020 Further Consolidated Appropriations Act. Given that this funding stream expires in
    FY2022, the 2020 Fiscal Plan assumes that contributions from municipalities thereafter will
    return to previous levels, but the Oversight Board would consider utilizing a similar approach
    in future years should additional federal funding again be provided.
     Public Corporation PayGo receipts: The 2020 Fiscal Plan includes receipts from public
     corporations that participate in ERS to cover PayGo expenditures covered by the
     Commonwealth. The Commonwealth shall be reimbursed for these payments and will act if
     these contributions are not received (e.g., will withhold payments for utilities).
     FAM: The Municipal Administration Fund (FAM) collects 0.5% of the SUT which is
     distributed into three funds: (1) 0.2% to the Municipal Development Fund; (2) 0.2% to the
     Municipal Redemption Fund; and (3) 0.1% to the Municipal Improvement Fund (referred to
     as the FMM). Pursuant to Section 4050.09 of Act 1-2011, the FMM are to be distributed
     through annual legislation and appropriated for select capital works and improvement


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     projects for the municipalities (e.g., public housing, schools). The legislature passes
     resolutions each year to allocate the FMM. These resolutions must be consistent with the 2020
     Fiscal Plan and the applicable special revenue funds included in the Certified Budget.

     5.1.5 Gross-up for tax credits

     Gross-up of revenues to reflect potential revenues without payment of tax
     incentives: In addition to offering preferential tax rates, tax exemptions, tax abatements,
     and cash grants, the Government of Puerto Rico incurs hundreds of millions of dollars in tax
     credits to corporations and individuals each year. Some of these tax credits function as
     entitlement programs: any business that meets the requirements set forth in law is entitled to
     the benefit. Other tax credits give government officials considerable discretion on which
     projects will receive incentives. Many of these tax credits are intended to pursue certain policy
     goals such as stimulating employment, stimulating economic activity and economic
     development, encouraging investment, and protecting local industries. Unlike traditional
     expenditures, however, tax credits are not incurred in a transparent fashion, and, with only a
     few exceptions, are currently uncapped by any aggregate amount of benefits conveyed. The
     issuance of tax credits also tends to be done in an ad hoc manner, with unclear economic
     justification for the costs incurred and without monitoring of the goals described above (i.e.,
     how many jobs in any particular year were created). This leads to an unpredictable, and
     potentially costly, foregone revenue stream each year.
     Uncapped and unpredictable issuance of tax expenditures can have a materially negative fiscal
     impact. Several states have faced challenges with unexpected levels of expense from tax
     expenditures, such as Michigan (the Michigan Economic Growth Authority tax credits),
     Louisiana (tax credit for horizontal natural gas drilling), and New York ("brownfields" tax
     credits). The examples from these states are not uncommon and they reinforce the uncertainty
     and risk associated with the establishment of tax credits.
     Policy makers in Puerto Rico must understand both the budget implications of current and
     proposed tax expenditures and be able to manage the size of tax incentives by setting limits on
     their annual cost and eliminating tax credits with negative returns. The issuance of reliable
     cost estimates, including a detailed analysis of the budget implications from each tax incentive
     and annual cost controls will help Puerto Rico avoid unexpected negative
     outcomes. Otherwise, the Government will remain powerless to manage the cost of these
     incentives and keep the incentives from growing uncontrollably.
     Recognizing the importance of this question to the fiscal sustainability of Puerto Rico, the
     2020 Fiscal Plan includes a forecast of gross revenues inclusive of the value of tax credits,
     along with their associated expenditures. The 2020 Fiscal Plan includes a forecast of gross
    revenues based on the historical level of certain tax credits claimed on income tax filings for
    individual filers, regular corporation filers, and incentive tax filers, as provided by Hacienda.
    As shown in Exhibit 17, over eight tax years (2010-2017), tax credits claimed across all tax
    filers averaged $247 million annually. The Oversight Board requires all reporting going
    forward to include monthly and quarterly reports as to the gross revenues, tax credits claimed,
    and the net revenues received for the period of the report.




                                                    46




                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 47 of 271


     EXHIBIT 17: TAX CREDITS BY YEAR

      Projection                  FY2010 FY2011   FY2012 FY2013 FY2014      FY2015 FY2016 FY2017
      Regular Corporations          94      47       87       84      76       65       59       32

      Incentive Corporations       135     147      133      158      116      78       70       56

      Individuals                   59      38       90       69      65       66       61       88

      Total Tax Credits Claimed    288     231      309      310     258      209      190      178

      8-Year Average
                                                                                              400
    The Government should adopt a transparent limit to the amount of tax credits issued and
    claimed at an amount below $247 million by, for example, capping the notional amount,
    restricting the number of companies and individuals that can claim credits annually, including
    sunset provisions, or inserting time bound clauses upon which each tax credit will expire. This
    is similar to the approach that other states have taken to limit the use or issuance of tax
    expenditures, including Arizona, California, Florida, Illinois, Massachusetts, Minnesota, New
    York, Ohio, and Pennsylvania. This limit is separate and incremental to the cash grants that
    corporations and individuals also receive, which will be captured in Certified Budgets going
    forward. Future Fiscal Plans must also be expanded to include limitations on foregone
    revenues due to preferential tax rates and exemptions, including municipal exemptions.
     These forecasts must be maintained and updated by leveraging the work that Hacienda has
     undertaken to produce and maintain a more comprehensive measurement of tax expenditures
     over time through the annual Tax Expenditures Report. As discussed in more detail in Section
     /6.3.i, the publication of the initial Tax Expenditures Report in September 2019 provided, for
     the first time, better visibility into the full scope of tax expenditures being offered, together
     with a description and approximate cost of each expenditure. To continue building on this
     positive first step, the Government must provide an annual update to this report. The
     Government has also taken initial steps to provide transparency around, and control these
     expenditures through its proposed reforms to the Incentives Code. Only by explicitly
     appropriating money for incentives in the Certified Budget, and by setting a limit on the
     amount that can be spent each year, will tax incentives start to function more like regular
     spending programs, with the Government retaining control over the cost, and less like open-
     ended commitments, and enable public debate about the value of this type of spending in light
     of the various needs on the Island.

     5.1.6 Gross-up for COFIM receipts
    COFIM is the public corporation that collects the 1% Municipal Sales and Use Tax (SUT)
    established by law for certain municipalities. The 2020 Fiscal Plan includes projections of this
    1% revenue stream, along with exactly offsetting expenses. COFIM is not an entity that receives
    appropriations from the General Fund, but rather relies solely on municipal SUT.


     5.2 Baseline expenditure forecast
    The trend of baseline expenditures, before measures and structural reforms, is summarized in
    Exhibit 18.




                                                    47




                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 48 of 271


     EXHIBIT 18: MAJOR EXPENDITURE CATEGORIES PRE-MEASURES
      Key Sasellns enpend4ture thivErs ive•rnEamil?


       Reirroll Olaf .Iederilly
       Funded (                                                                                Hi,                                                                3 075


       Litredoperallug
       expqnaitines Mon-                            1 59 7             t 7 !I                                       •
       fedetatly 18/8det11,'


       SAY appmpn88075!                                                                                             1,189
                                                    1 004             1.218                  1,228                                                               1.123
                                                                                                                                                          -■■IMMI■■



       Cornmonweallh Medicaid
       expenditures                                                                          1',56.7:               2,105                 2259                   2.359
                                                                       267



       Poll 11011 ervoirlii1•110                    2J .4             2,332                  1 310                  .3.311                2.309                  7.7:.')E



       •141••■••                                    2244              2,393                  2241                   2.165                 2126                   2,106


       IFC6 S CW SRF
        xper1440$ eS.


       Fader/DV Funded                                TN              8.846                  5, 339                                       4,938                  SAM
       expel-MI(8p? s ,



                                            411111. IMP 41011. 1011. 411111110 4111M
                                                                       FY21                   FY22                  023                    11111                  F1•75

     I haotles miry Geolem Fimei orrefilma e1         sae 1••,1.11.m..irmeo!Foulli‘len elo010417n■r In 01
      2 Inudd4a nporanna10110.FITA 1100 6rdi ermilocz! c,           203
      2 incurie6 01/16%fe, Cm•• ery coal metro !ilitmcEwfwki c‘Felt4lure4 70841. POEPA ,m1,11411arm4 c.004.4 onwrillmit+Mi Cm..a0gmrsala$711.a *. 0lnc Iwbal am 44g !Kw
        renumpienaracurrin,:4415; trrludw e61S111rneMi Ite 001.111am 1ft11 ,i17
         L , and • 7., 5 • i flA.ne x tee pre. elf;n :lbx611 Mug gwv.ria■Lery for it Cu. H etk,dir a, It.041.0-p41/Weg &ker. ... maell4,d ap ei S;c•
                                                -
      E hairlet etelweg Pros Iwo/rept Ingd cc8 aric eKadmires obuctcl i.esoomi Nevarrn. 40341741145TICsre•Fo•Kissat CotrOmmit orol.




     5.2.1 General fitnd payroll and non personnel operating expenditures
    Payroll expenditures: Despite progress made through the FY2021 budget process,
    consistent granular payroll data continues to be a challenge for the Government. FY2018
    payroll numbers reflect actual expenditures where available and the Certified Budget in cases
    where actual data was not available (adjusted to reflect reapportionments among agencies).
    FY2019 was assumed to be equal to FY2018 given the Fiscal Plan Compliance Act, which
    enacted a payroll freeze except for certain agency-specific adjustments. Beginning in FY2020,
    base payroll has been assumed to grow by Puerto Rico inflation. Any reduction to baseline
    payroll expenditure projections from attrition, absenteeism, or workforce reductions will be
    captured through fiscal measures.
     Non-personnel operating expenditures: Non-personnel operating expenditures in
     FY2019 were also assumed to be equal to FY2018 budgeted levels. Thereafter, non-personnel
     operating expenditures are assumed to grow by Puerto Rico inflation, with select adjustments
     as necessary (e.g., for reapportionments).

    5.2.2           Special Revenue Funds
    Commonwealth agency Special Revenue Fund (SRF) operational expenditures:
    The Commonwealth funds a significant portion of its expenses with Special Revenue Funds
    and previously did not report on these expenses transparently in a consistent manner. Given
    that SRF revenues and expenditures are not part of the General Fund for budgeting purposes,
    they are not included in the General Fund budget resolutions approved by the Legislature.
    However, the Oversight Board has certified SRF expenditures starting with the FY2019 budget
    process, with the objective of applying controls and reporting requirements to ensure
    transparency and accountability for these revenues and expenditures. With data made
    available by the Commonwealth, the baseline level of SRF expenses of Commonwealth
    agencies (excluding IFCIJs) has been updated. Given the mandate of the Office of the CFO to


                                                                                        48




                                                                                                                                                             DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 49 of 271


     place controls on SRF expenditures, expenses are forecasted to be equal to the estimated
     revenues in each year.
     Independently Forecasted Component Unit (IFCU) operational expenditures:
     Most IFCU payroll and non-payroll expenses grow by inflation, with exceptions for certain
     expense categories (e.g., healthcare costs grow with medical inflation, variable costs that grow
     in line with revenues).
    The baseline expenditures include municipality and public corporation PayGo,
    COFIM, and FAM expenditures, including all the conditions outlined in Section 5.1.4.

     5.2.3 Other federal funding
     Most federal funds received by the Commonwealth are passed through to residents directly in
     the form of social benefits (e.g., TANF, WIC), but federal funds are also used to cover operating
     expenditures in many agencies. Expenditures related to pass-through federal funds are set
     equal to the associated revenue stream. Baseline expenditures related to operating
     expenditures are set based on the FY2018 federal funds budget reported by the Government
     and grow with inflation (and in some cases population). In the case of Title I, revenues will
     grow with growth in total federal funding - presumed to track US inflation - but decline with
     decreasing enrollment, which is the most salient determinant of Puerto Rico's annual
     allocation. At the same time, the 2020 Fiscal Plan assumes fixed costs associated with
     providing these services may not decline at the same rate (given historical Commonwealth
     behavior of maintaining infrastructure such as schools and program staff despite population
     decline).

     5.2.4    Medicaid expenditures
     Medicaid costs are projected to reach nearly $3.4 billion annually by FY2025. These costs are
     primarily driven by the weighted-average cost per member per month (PMPM) multiplied by
     the estimated number of people enrolled in the Medicaid (federal and Commonwealth-
     qualified), CHIP, and Platino dual-eligible programs. Projections also include other direct
     health expenditures (e.g., Hepatitis C, HIV, and pulmonary programs) that do not flow
     through managed care. These costs are exclusive of non-medical administrative costs to ASES
     and the Department of Health.
     PMPM costs are projected to grow at 4.5% in FY2o2o, followed by an increase to an annual
     growth rate of 5.5% in FY2022, as a result of a longer recovery from depressed utilization
     caused by Hurricane Maria and the impact of COVID-19. In the long term, costs increase
     according to an age-mix-adjusted PMPM growth rate, which reflects a shift to a younger
     enrollment population (see Section 6.1).
    Enrollment rates are primarily tied to overall population decline. The large drop-off in
    enrollment between FY2018 and FY2020 mainly reflects the end to the auto re-enrollment
    period that was put in place after Hurricane Maria, a period during which many enrollees
    either left the Island or ceased to qualify for coverage under current thresholds. The baseline
    projects a return to pre-hurricane rates of enrollment in FY2o2o, as in the 2019 Fiscal Plan.
    Additional changes in enrollment may be driven by the COVID-19 pandemic or other
    unexpected events.




                                                    49




                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 50 of 271


     EXHIBIT 19: PROJECTIONS FOR MEDICAID AND CHIP BASELINE COST AND
     ENROLLMENT (EXCLUDING PLATINO)
      Medicaid piojected enrollment and ex Ichtures, afut total cost M enrolle,

                                            Total cost (Medicaid. Commonwealth CHIP), $M alp Projected Medicaid enrollment, millions

                                                                                                                                                                 3.238
                                                                                                                                    3.114
                                                                                                       2.997
                                                                        2.887
                                            2.783
                2,694




                FY20                        FY21                        FY22                           FY23                         FY24                         FY25

            4E0                         411111.
      ...&45 I r +whale, M4/4q PIP Grtttitcrwt011- tAtf•VierellY-i6141147. (tett:. 2•■•to ±-tt-esrre     wel t•r■lat-}t. iltd•rtnrn Elle•t*.t q NNVF.:40   ow. ...-toca
                             JaarbUillikefte &Mr 411001,1 81,  1 Woroe, vj




     Other Commonwealth Medicaid expenditures, which include, HIV/PDP, Air
    Ambulance, MC21 administrative fee, Super Utilizers, and Pulmonary, among others, are
    projected to grow at the rate of Puerto Rico healthcare inflation. Separate from those costs is
    the Health Insurance Tax (HIT), calculated each year by the Federal Government and
    estimated here to be 1.80% of the prior year's total premiums.27 The Further Consolidated
    Appropriations Act, 2020 repealed the HIT requirement. Thus, the 2020 Fiscal Plan only
    reflects the estimated HIT fee anticipated to be required to be paid in FY2021 on FY2020
    premium expenditures. Thereafter, the HIT fee is eliminated from projections.
     Platino dual-eligible program expenditures were estimated using a consistent SID PMPM
     over FY2019-FY2023 representing payment for wrap-around services supplementing main
     Medicare coverage (from FY2024 onwards, this cost grows by the PMPM growth rate).
     Enrollment is projected to be affected similarly to Medicaid enrollment. Platino costs are
     expected to total nearly $30 million in FY2020, decline slightly to $29 million by FY2023, and
     then grow again.

     5.2.5 Commonwealth pension expenditures
     Pension costs: Projections rely on demographic and actuarial estimations for Employees'
     Retirement System (ERS), Teachers' Retirement System (TRS), and Judiciary Retirement
     System (JRS) populations and benefit obligations. From FY2o2o-FY2025, costs are projected
     to grow slowly but remain approximately $2.3 billion per year. Since FY2018, pension benefits
     for all plans have been paid on a pay-as-you-go basis.




     27 See Sec 4003 of FOURTH CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2018 at
        https://www.congress.gov/115/plaws/pub1120/PLAW-115pub1120.pdf. Based on actuarial estimates provided by ASES.


                                                                                       50




                                                                                                                                                                DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 51 of 271


     5.2.6 Appropriations
     Municipalities: Baseline municipal appropriations are projected to remain constant at
     —$220 million, which represents the FY2018 appropriation level exclusive of a $78 million
     one-time allotment to municipalities made in the aftermath of Hurricanes Irma and Maria.
     University of Puerto Rico (UPR): The UPR appropriation baseline is $717 million in
     FY2019 and remains —$717 million from FY2o2o-FY2o23.
    Highways and Transportation Authority (HTA): The Commonwealth provides HTA
    with an annual appropriation for capital expenditures and other costs. The 2020 Fiscal Plan
    provides that the HTA appropriation will be variable and set so as to cover HTA's forecasted
    annual deficits (after operating expenses and capital expenditures), as well as fund an
    "emergency reserve" account for the agency. The target size of the emergency reserve is
    initially set at —$250 million, in-line with best practices in other US jurisdictions, and will be
    adjusted each year in order to keep pace with inflation. As a result, the 2020 Fiscal Plan
    includes an average annual appropriation of —$219 million over FY2021-FY2023, with —$51
    million per year funding OpEx deficits, —$123 million per year funding CapEx deficits, and
    —$45 million per year funding the "emergency reserve." Thereafter, the annual appropriation
    is forecasted to decline as HTA operating surpluses are available to fund capital account
    deficits. Over FY2024-FY2049, the 2020 Fiscal Plan includes an average annual appropriation
    of —$59 million, with —$54 million per year funding CapEx deficits and —$5 million per year
    funding the "emergency reserve." The 2020 Fiscal Plan also encourages HTA to prioritize and
    accelerate project delivery, focusing on the projects of utmost strategic importance to the
    residents of Puerto Rico.

     5.2.7 Other operating & capital expenditures
     Utilities: The 2020 Fiscal Plan uses the estimated billings from PREPA and PRASA on an
     agency level, which are then projected to grow over the period of FY2021-FY2030 according
     to forecasted utility rates (and then according to inflation thereafter).
     Insurance (PRIMAS): The Commonwealth bears costs related to insurance premiums (e.g.,
     property insurance, liability insurance). Government reporting on these costs has not been
     transparent or consistent over time (e.g., not all agencies report these costs independently of
     other operating expenses, reporting is not consolidated across General Fund and Special
     Revenue Funds). The Government reports that insurance costs have increased from FY2o18
     to FY2o2o due to Hurricanes Maria and Irma. Given the potential risk of future hurricanes,
     the baseline expenses related to insurance have been increased, but the Government must
     improve reporting on these expenses going forward so that they can be managed
     appropriately.
     Capital expenditures: Centrally-funded General Fund maintenance and capital
     expenditures of the Commonwealth (excluding PREPA, PRASA, HTA self-funded capital
     expenditures and one-time transfers) are expected to grow by inflation from a baseline of
     4400 million in FY2018. In FY2021, —$59 million of the baseline expenses will be
     appropriated to HTA (as part of the total appropriations), with the remaining —$308 million
     for use by the Commonwealth. HTA's capital expenditure funds will be used to support
     reconstruction, maintenance, traffic reduction, completion of the strategic network, and P3-
     related expenditures. Other General Fund capital expenditures will be allocated to priority
     projects. The 2020 Fiscal Plan includes annual Special Revenue Fund capital expenditures of
     $50 million.

     5.2.8 Reconstruction and restructuring related expenditures
     Cost-share for disaster relief funding: Federal funds for FEMA's public assistance and
     hazard mitigation programs typically require a local match from the entity receiving them

                                                   51




                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 52 of 271


     (anywhere from 10-25% of funds). In the case of Puerto Rico, the 2020 Fiscal Plan projects
     that the Commonwealth will need to cover an estimated -to% of federal public assistance
     funds, amounting to $3.5 billion from FY2018-FY2032. The instrumentalities will shoulder a
     further $1.2 billion in total cost-match expenditures during the same period. A portion of the
     Commonwealth and instrumentalities' cost-match expenditures are projected to be covered
     by CDBG funds from FY2020 to FY2032, which amounts to $2.3 billion. Meanwhile, the 2020
     Fiscal Plan maintains $600 million (from FY2o2o to FY2032) in reserve funds in case less
     CDBG funding is available than is currently projected. If these funds are unspent, they would
     accumulate and be utilized as part of an emergency reserve fund going forward.
     Restructuring-related costs: Commonwealth restructuring-related expenditures are
     projected at $619 million for the period FY2o2o to FY2024, and are comprised of all
     professional fees, including those of the Unsecured Creditors' Committee, the Retiree
     Committee, the Government (mostly AAFAF), and the Oversight Board. The estimate for
     professional fees in the 2019 Fiscal Plan was developed, in conjunction with the Government,
     by analyzing FY2018 and FY20t9 run-rate billings based on available information and
     soliciting input from certain professionals. Fees were benchmarked versus comparable
     restructuring situations that yield an average professional-fee-to-funded-debt ratio of 2.08%
     relative to 1.68% projected for the Commonwealth (Exhibit 2o). In total, for the period from
     FY2018 to FY2024, the restructuring-related expenditures projection in the 2020 Fiscal Plan
     continues to be -$1.1 billion (without change from the 2019 Fiscal Plan), however, uncertainty
     stemming from the series of recent natural disasters and ongoing COVID-19 pandemic have
     drawn out the restructuring process longer than anticipated. Separately, the Oversight Board's
     operating costs will remain at $58 million per year from FY2020 to FY2026 (as opposed to
     $75 million per year in the 2019 Fiscal Plan).

     EXHIBIT 20: PROJECTED PROFESSIONAL                                               FEES RELATIVE TO OTHER MAJOR
     RESTRUCTURINGS
      Plofessional fees for restructuring
                                                                 Outstanding debt.     Total fees and      Fees to funded
                                                  Date filed                           expenses.           dem.
                                                 Jul. 2013           6.400 000.000'         177.910,000         28
       City nehoit. Michigan

                                                  May.2012          15.000.000.000          409.321 308         27


                                                 Jul 2615            2.800.000,000           78,553.223         20


                                                 Jan 2015           18 000.000.000          258 278.005          t4
       Caesars Emehnunnerit Operating                                                                                           Summary
       Company                                                                                                                  Statistics

                                                  Sap 2008         613400400400             956.957 469         02                As         2 08%
       Lehman Brothers Holdings Inc.
                                                                                                                                  Max        3 56%
                                                 Jan. 2009          22 000 000.000          205.932.292         09                Min        0 16%
       Lyonciell Chemical Company
                                                                                                                                  Med        2.33%
                                                  No    2011        11.020.090,000          391.637.958          3.€
       American Airlines

                                                  Sep. 2308          8 000 000.000          271.005.213          31


                                                  Dec. 2012          5.000.000.000           96244.6213         19


                                                 Apr. 2014          40 000 000 000          450410.233          11
       Energy Future Holdings Corp.

                                                 2417               61,000,000,000        1,075 040 NO          11



         Puerto Rico invatves added complexity as the largest public sector restructuring in the history of the United Suites

               .yinscas ---- -EE.519en1



     Emergency reserve: The Commonwealth must build up an emergency reserve of $1.3
     billion, or -2.o% of FY2o18 GNP, by reserving $130 million per year for 10 years, which
     started in FY2019. The methodology supporting this reserve is informed by guidance provided

                                                                           52




                                                                                                                                 DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 53 of 271


     to other Caribbean islands by the International Monetary Fund in defining an adequate
     emergency reserve (2-4% of GNP, accumulated at 0.5% per year).28 Restrictions on the use of
     this fund must ensure that it is a true emergency reserve.
     For each of the gross-up revenue items included in Section 5.1.5 and Section 5.1.6, an
     equivalent expenditure is included in the baseline expense forecast.


     5.3 Surplus potentially not available for Commonwealth
    The 2020 Fiscal Plan financial projections show the surplus generated by all entities covered
    by the Commonwealth Fiscal Plan. However, some of the surplus is generated by
    Commonwealth public corporations, and the Commonwealth's ability to access such surplus
    amounts could be problematical without further legislative action. In particular, the surplus
    generated by the State Insurance Fund Corporation (SIFC) and the Cardiovascular Center
    Corporation of Puerto Rico and the Caribbean may be inaccessible. As such, the 2020 Fiscal
    Plan also represents what the surplus would be if these funds were inaccessible (Exhibit 21).
     EXHIBIT 21: SURPLUS POTENTIALLY NOT AVAILABLE FOR COMMONWEALTH
      Gap/surplus after measures and structural reforms — Base case, fl
                                                                                                     ■ —•••• GaprStirtariS l',051-rnetilresrStnicI11131 reforms
                         FY20.25 cumulative
       4.000                                                                                         — — Gap/surplus excluding surplus potentiality no! available'
                         surplus,
       3, DX                                                                                                                              FY20-49 cum urative
                                                                                                                                          surplus, IL' 44mo
       2,000
      1,000
                                                                                                                                                                 -•••••••-

             2020        ,a      tx          2t.       28         30                              411      3-It        40    42        44
      - 1 ,000

      -2,000
      -3,000

      Gap/surplus after measure's and s/ruclural reforms Downside case. .M
                         FY20-25 cumulative
       4,000             surplus, Sli                                                                                                     FY20-49 cumulative
       3000                                                                                                                               surplus,
                                                                                                                                                       4141Tilb
       2,040
       1,000
                                                                                                                                                             41116.
           0
           2020
      -1,000
      -2,000
      -3,000
      -4,000 L

       71.1a ni■ iota•        ••••    awi ny lumninnm., =In mrporA■goi.te: ra cvnininfling•iiir• Miry is     ...AI turn,.     c.o.: Er 21, 0. mrmari furmnr !swoop., Amen




     Chapter 6. Long-term projections and Debt
     Sustainability Analysis (DSA)
     While the 2020 Fiscal Plan emphasizes actions to be taken in the period from FY2o2o-
     FY2o25, the Oversight Board's ultimate goal is to put Puerto Rico on a path towards long-term
     fiscal balance. However, based on current projections, this long-term fiscal balance is not

     28 IMF Bahamas Article IV report published March 22, 2018



                                                                                          53




                                                                                                                                                          DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 54 of 271


    achieved due to the impacts of COVID-19 and the scale of investment required to combat the
    effects of the pandemic, as well as the lack of progress to date on structural reform
    implementation. Nevertheless, long-term projections remain an important component in
    evaluating the 2020 Fiscal Plan's implementation and in the resulting Debt Sustainability
    Analysis (DSA). The outcome of the DSA pertains to traditional debt only, and not to other
    types such as contingent or no-default debt. Given large swings in debt sustainability shown
    in the sensitivity analysis, the amount of sustainable debt is contingent on several factors.
    Finally, the debt sustainability analysis should be adjusted going forward to account for new
    facts when available and errors when proven.
    The 2020 Fiscal Plan is a 3o -year plan, as any restructuring of the Commonwealth's legacy
    obligations will not extend beyond 30 years. In addition, longer-term projections involve even
    further forecasting risk.


     6.1 Long-term macroeconomic, revenue, and expenditure
          projections
     While GNP trends are volatile in the short term due to COVID-19, as well as the impact of the
     hurricanes and earthquakes, after FY2025 real GNP growth is negative and gradually declines
     as disaster relief funding drops off considerably and structural reform growth rates are muted.
     Nominal growth is 1.0-2.0%. The population is estimated to steadily decline at an average rate
     of —1.1% annually, largely due to declining fertility rates. Inflation settles at a long-term run-
     rate of 1.4-1.9% as it is expected to gradually converge to mainland forecasts.

     Most revenues are projected to grow with nominal GNP in the long term.29 This includes SLIT,
     corporate income tax, personal income tax, non-resident withholding not paid by Act 154
     entities and most General Fund revenues. Exceptions include:
     ■ Alcoholic beverages and cigarette-related tax revenues, which are expected to
       grow by inflation and population. This assumption is supported both by relatively constant
       alcohol consumption in growing economies along with the long-term decline in cigarette
       consumption both in Puerto Rico and the US mainland.
     ■ Rum excise on off-shore shipments, is expected to grow by US mainland population
       and is partially driven by the statutory waterfall by which rum excise taxes are paid into
       the General Fund.
     ■ Non-resident withholding (NRW) and Act 154 revenues, which will face declines
       due to US tax reform, supply chain diversification, and patent expirations. This decline
       had begun during FY2o2o, with incremental declines forecasted in each year through
       FY2023 (41.7% cumulative decline versus FY2o18 baseline). No further declines are
       anticipated through FY2027; however, additional losses of Act 154 revenue is expected in
       FY2o28-FY2031, such that FY2031 revenues are projected to be 64.4% below baseline.
       This leads to a steady state of $859 million in annual Act 154 revenues beginning in
       FY2031. NRW payments made by Act 154 payers are projected to follow a similar
       trajectory, though with a shallower decline. After reaching steady state in FY2031, NRW
       payments are projected at $267 million (42.7% below baseline). NRW revenues not related
       to Act 154 payers continue to grow with nominal GNP.
     ■ Independently Forecasted Component Units (IFCU) revenues: IFCU revenues
       are projected on a line item basis and grow by the same values as in the short-term
       projections (largely by nominal GNP, with exceptions for those related to healthcare,
       population, or other factors). The only IFCU with a different short-term and long-term

     29 This methodology is consistent with general IMF forecasting approaches and is intended to capture the overall change in
         consumption, investment and production within the economy


                                                                54




                                                                                                                 DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                              Desc:
                   Exhibit DRA Exhibit 235 Page 55 of 271


        revenue projection is the State Insurance Fund Corporation, for which the Fiscal Plan
        projects an increase in revenues related to disaster recovery for FY2o2o-FY2032,
        reflecting the short-term increase in construction sector activity.
     Federal fund revenues grow based on historical and statutory appropriations. Medicaid
     receives the most significant federal funding. The standard cap for Medicaid matching funds
     grows by the medical services component of CPI-U, CHIP funding grows proportional to
     growth of premiums and enrollment. However, several significant sources of federal funding
     for Medicaid (e.g., ACA, BBA, Further Consolidated Appropriations Act, Families First) are
     only legislated through the first quarter of FY2022. This creates a "funding cliff' whereby the
     share of Medicaid funding borne by the Commonwealth increases from $633 million in
     FY2021 to $2,447 million in FY2o23. While additional federal funding for Medicaid may be
     provided in the future, the 2020 Fiscal Plan model only reflects currently-legislated federal
     funding amounts. Additional revenue for the Medicaid program comes from municipal intra-
     governmental transfers, which remain constant, and prescription drug rebates, which grow
     proportionally to healthcare costs and population.
     Just as most revenues grow by GNP, most expenditures grow by standard inflation after
     FY2025. Exceptions include:
     ■ Medicaid premiums grow at a faster pace than standard inflation and are instead grown
        by a PMPM growth rate and population change. On average, costs per demographic group
        will increase consistent with historical PR healthcare costs, and in line with external data.
        However, the latest projections suggest the magnitude of this trend will not be as
        significant as reflected previous Fiscal Plans. From FY2o26-FY2049, the age-mix-adjusted
        PMPM growth rate is expected to decline from 5.3o% in FY2o26 to 4.75% in FY2o49. This
        projection is driven by two factors. First, current demographic projections suggest that the
        population is not aging as fast as previously projected, which causes declines in overall
        healthcare utilization. Second, general cost efficiency spillovers from the US mainland are
        expected to exert downward pressure on PMPMs. In the near-term, PMPM growth is
        expected to be muted in FY2o2o due to lower utilization driven by the COVID-19
        pandemic. Social distancing and stay-at-home guidance have lowered utilization of the
        healthcare system. Between FY2o20 and FY2022, the PMPM growth rate is expected to
        increase from 4.5% to 5.5% as utilization recovers from both the COVID-19 pandemic and
        persistent impact from Hurricane Maria. Non-premium costs, such as administrative and
        payroll costs grow by standard inflation in the long-term.
     ■ Capital expenditures are anticipated to rise to 1.9% of GNP (in line with the mainland
        average) by FY2038, increasing the annual Commonwealth average to —$650 million over
        FY2038-FY2049, as Puerto Rico must sustain a higher level of maintenance and rely on
        its own funding for capital investments (rather than disaster relief funding). Cost match
        for disaster-related federal funding increases to an average of —$116 million from
        FY2026 to FY2032, as the Commonwealth pays the entirety of the cost match during that
        period. The Commonwealth is not responsible for the portion of funds allocated to
        instrumentalities (e.g., PREPA, PRASA, HTA).
     ■ Independently Forecasted Component Units (IFCU) expenditures are
        forecasted on a line item basis. Most grow with standard Puerto Rico inflation with some
        exceptions, such as healthcare- or claims-related expenditures. Over the long-term, the
        expenses of healthcare-related IFCUs (e.g., ASEM, Cardio) are projected to grow faster
        than revenues, creating a deficit. This Fiscal Plan assumes deficits related to healthcare
        will be funded by the Commonwealth.
     Fiscal measures grow by their relevant macroeconomic indicator (e.g., revenues by nominal
     Puerto Rican GNP, expenditures by Puerto Rican inflation, healthcare measure by health
     inflation and population).



                                                   55




                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                           Desc:
                   Exhibit DRA Exhibit 235 Page 56 of 271


    A downside scenario based on COVID-19 has been included in this 2020 Fiscal Plan
    given that the pandemic has created significant uncertainty in near-term financial projections.
    As such, a downside scenario is presented to showcase the potential trajectory of the Island in
    the case where the spread of the virus is greater and/or the economic impact is more severe
    than anticipated in the base case. The downside scenario fundamentally alters the Island's
    economic condition and therefore impacts long-term projections.
     The long-term macroeconomic projections for both the base case and downside case show
     trends as below (Exhibit 22, Exhibit 23, Exhibit 24, and Exhibit 25).
     EXHIBIT 22: 30-YEAR FINANCIAL PROJECTIONS
                                                                                                                                 — Base case — Downside case
                                                                                                    6.1.111 Average base case 441MIIEs. Average downside case

      Nominal GNP /pm%                                                                              Nomura! GNP osi cardia
       6                                                                                                 40
                                                                          41111111.                      35


                                                                                                         25
                                                                                                         20
                                                                                                         15
                                                                                                         10
                                                                                                          5
                                                                                                          a
                                                                                                           2020         25         30          35         40       35     Me
     POpi.11'26 17f1 growth                                                                         Own revenues past-nwaseirias•

        2020           25         34           3E           40           44         R049            18.000
                                                                                                    16.000                                                       __--
                                                                                                    14,000
     -0 5                                                                                                                                                        Average growth
                                                                                                    12,000
                                                                                                    10.000                                                         11111101b
                                                                                                     8.700                                                         1.13010
                                                                                                      6.000
     -IS                                                                                             4.000
                                                                               011P
                                                                               1                     ZOOG
                                                                                IIIIMIIII                 0
     -2 0                                                                                                 2020        25        30             35           10     45     2045
       1 r I 0,0.11E3, ELIPE4 MN Cprimonvoen[4-Eam[1idinn.e.Mite5 ana a. cum.. 10 11.er,117,. I}r; ,,d ensn r,eri..,. ,V.E9 rrr.,,, -..r.:{rF4.6.7 Willeir,r.




                                                                                              56




                                                                                                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                                      Desc:
                   Exhibit DRA Exhibit 235 Page 57 of 271


     EXHIBIT 23: LONG-TERM FISCAL PLAN PROJECTIONS POST-MEASURES AND
     STRUCTURAL REFORMS (BASE CASE)
       Financial projection detail pd sl-rnea sure s and structural ratorms, u n a us labeled

       ProjeCtiOn                                                      FY-33                   FriEr1.8                P121335                FY. 1140                FY3445                  r(2049

       Population, lt..7...JE.3.,d.,.                                    2,813                   2,701                   2,590                   2,427                   2,268                   2,152
       Population growth IAA, %                                          (1. 3%)                (18%)                   0.1%)                   (1A%)                   71.3%)                 (1 3%)

       Real SHP growth, %                                                10.1%)                  (0.5%)                 (1.2%)                  (0.4%)                  (CM)                    (0.2%)

       Nominal GNP. 1.'•                                                69,544                  75,679                  76.292                  89,954                 87,465                  93.269
       Nominal GNP per capita. $                                        24,720                  28,023                  29.453                 33.353                  38.568                  43,349
       (I omlna I al P per capita growth, %                               2.4%                    1.7%                    1.3%                    2.9%                    2.9%                   3.0%

       Inflation, ;                                                       1."                     1.5%                    1.5%                    1,9%                    1.4%                    1.65

       Disaster funding, 5M13                                            5,843                   3,874

       Revenues', CM                                                    19,124                  20,854                  20,941                 22.192                  23,970                  25,599
       COMITieflwealri revenues                                         14,504                  15,115                 14.944                   15,552                 16,796                  17,847

       Federal transfers                                                 5,120                   5,535                   5,997                   5,540                   7,175                   7,742

       Expenditures', 61.1                                            (19 043)                (20,307)                (21,672)                123 971)               (26,226)                (24,250)
       Corrimo min:Falb-fun and expenditures                          (14.035)                (14,970)                (15,956)                (17.481)               (19,049)                (20,466)

       Federally-furided expendiluras                                   (5.007)                 (5,437)                (5,916)                 (6,497)                 (7,177)                 (7,784)

       Gap ( surplus, „VI                                                   661                    347                   (931)                 (1,785)                 (2,256)                 (2,661)

       Conlradual de bl servi ce payments'                              (1,697)                 (1.904)                (1,653)                 (1.049)                   (163)                    750)

       Net gap r surplus, CH                                            (1,016)                 (1,55?)                (2 584)                 (2,834)                 12.419)                 9211)

       Surplus potential!, not available' $14                               172                    220                     152                     176                     219                        258

       / Reue, i2•E s  owpwar.w...:-. -.r.s iamb press Up 1(1p311118.115
       2 Debt service CdSed 5/151eperii mn eontranunioepi obliged:ins Presentee for eustratae purposes on ly and does not repo awn antobated furore payment/ Dr restruMren debt. !besides
         GO. PBA. CODA. PRFA. PFC. FRS. PROCD. The 2020 Fiscal Plan does not assume any predetermined outcome or en gong ligation with r espec to GO bands
       3 These surpLa 11111Dullle are generated by Common/ye lair corporations cod the Cc remain w ee fills abley to access suer,ssrpius erraunts ceded be at ter. Sknout furMer ieglsialive action




     EXHIBIT 24: LONG-TERM FISCAL PLAN PROJECTIONS POST-MEASURES AND
     STRUCTURAL REFORMS (DOWNSIDE CASE)
            polp (0.10itti on oeiali post-nteasresaria strum] ral r elerrnS.             .

     Projection                                                       fr29M.                  FeNi33                  P1.2035                 Pri040                   F13318                  Fr l41

     Population, thuusnr-d:                                             2.761                    2,501           J 2.473                         2,360                   2.136                   2,020
     Population growth rale. '                                         (1,7%)                  (1 9%)                   (1.2%)                  (1.5%)                  (1.4%)                  (1 4%)

     Real GNP growl/1. 0,                                              mix)                     (0.6%)                  (1.3%)                  (0.4%)                   (0.3%)                  (0.2%)

     Nominal GNP ; li                                                  64,220                  69,895                  70,188                  74,443                   88,422                  95,761
     Nominal GNP per capita. S                                         23,255                  26,877                  28,383                  32.391                   37.651                  42,464

     Nominal GNP per capita growth.%                                     29%                     1.9%                     1.4%                    3.1%                    3.0%                    3.1%

     Intl anon, ',                                                        1.2%                    1.5%                    1,                      1.9%                    1.9%                    1,9%

     Disaster funning. SPA                                              5.043                    3,874

     Revenues, . .2 rt                                                 19,023                  19,740                  19.955                  21,125                   22,803                  24,339
     Commonwealth revenues                                             13.827                  14,258                   14.027                 14,569                   15,727                  16,706
     Federal transfers                                                  5.096                    5,482                   5.928                   6,456                   7.076                   7,634

     Expenditures', Sit                                              118,879]                (20,840)                 (21,525)                (23(483)                (25,635)                (27569)
     Co mmonwealh-fun ded expenditure s                              (13,884)                (14,531)                (15,646)                 (17.042)                (18,513)                (19,946)
     if orterally-lunded expenditures                                  (4.995)                 (5.410)                 (5,879)                 (8,451)                 (7,122)                  (7.723)

     Gap ( surplus, sr.!                                                    43                   (300)                 (1,571)                 (2,368)                 12.832)                  (3230)

     Contactha I debt service payments"                                (1,697)                 (1,904)                 (1,853)                 (1,949)                   (183)                        (50)

     Net gap! surplus, 51.1                                            (1,854)                 12205)                  (3223)                  (3,417 )                (2494)                   (3,279)

     Surplus potentially not available', 51.1                             119                      160                         89                  108                     147                        180

     I PA,. enue•s end expe,thl.rtS ezdutng pass up edjuhlnic-MS
     2 Debt set-kik:erased/rid pitapat/iron miasmal debt emotions Presented rer Austral,. e purposes onry & does nor reencsentarttiCOffired rulure payMenla• an restructured debt. Nddudes GO.
        gr. CODA. PRFA. PFC. ERs. P80co Tee 2020 Focal Plan donne! assume an y predelenresel outcome of impend nteauon wan respect° GP PPKIS
     21111.e rwrp4s amount,.are generEE.ei by CErrwronwerall carp HMO. an dthe Cprrrnormeath s ahtty io nccess such su9A4somOunals nooki be el risk x (haul furlfter levolsErrenclm.




                                                                                                    57




                                                                                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                         Desc:
                   Exhibit DRA Exhibit 235 Page 58 of 271


     EXHIBIT 25: ANNUAL GAP/SURPLUS BASED ON IMPACT OF STRUCTURAL REFORMS
                                                                                     Scenario
         Annual gaptsurpius based on impact or structural reforms. btu tonmiriaq     tSR growth wick)


         1.500

         1,000
                                                                                      $B • Cumulative surplus
           500
             0 _ --
             2020 22 24 26 28                             34 36 38 40 42 44 46 48 204g
          -500

         -1.000

         -1,500

      -2.000

      -2,500

      -3,000

      -3.500

      -4,000
                                                                                    Projected surplUs without
      -4,500                                                                        any structural
                                                                                    reforms {0.0%}
         -5,000


     The 2020 Fiscal Plan shows minor short-term surpluses driven by significant federal relief as
     well as fiscal measures and structural reforms. Long-term deficits are driven by healthcare
     costs that outpace GNP growth, lack of robust structural reforms, phase out of disaster relief
     funding, and declining Act 154 revenues.
     While the 2020 Fiscal Plan projects deficits from FY2o32 onward, the Government will be
     required to take additional measures that go beyond the five-year framework of this 2020
     Fiscal Plan as the Puerto Rico Constitution requires the Government to operate within a
     framework of fiscal balance. Accordingly, what follows are a set of options that future
     governments can consider in order to obtain fiscal balance in the out-years. Some of these
     reforms — which would reduce deficits and therefore make funds available for a variety of
     potential uses, including investment in the people of Puerto Rico — have been proposed by the
     Oversight Board, but have not been adopted, and the Oversight Board cannot implement them
     on its own.
     •      Private sector labor reform, generating an additional 0.50% GNP growth over two
            years, by repealing Law 80, reducing paid leave, and eliminating the Christmas Bonus. Key
            reforms could require incentives, such as wage subsidies for low-income workers and
            training programs to address identifiable skills gaps. The reform is projected to increase
            the 30-year surplus by —$10 billion if implemented after io years (FY2o3o) and by —$3
            billion if implemented within 20 years (FY2040).
     •      Ease of Doing Business reform, generating an additional o.15% GNP growth, based
            on instituting Trading Across Borders reform to improve customs processes and
            congestion and repealing restrictive laws (e.g., Laws 21 and 75 dictating terms for
            terminating commercial supplier relationships). The 30-year surplus is projected to
            increase by —$3 billion if implemented after 10 years (FY2030) and by —$850 million if
            implementation lags by 20 years (FY2040).
     •      Overhaul of the tax system of Puerto Rico to stimulate growth, requiring short-term
            investment (lower revenues in short-term) for long-term growth benefits up to 0.5%
            spread over five years. The reform is projected to increase the 30-year surplus by —$9


                                                                      58




                                                                                                 DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                             Desc:
                   Exhibit DRA Exhibit 235 Page 59 of 271


         billion if implemented after in years (FY2030) and by -$2 billion if implementation lags
         by 20 years (FY2040).
     •   Imposing a cap on total healthcare expenditure growth at 2% above standard
         inflation is projected to result in savings of -$14 billion by FY2049 if implemented in
         FY2030 and -$3 billion if implemented in FY2040.
     •   Securing additional permanent federal funding for Medicaid of -$1 billion per
         year (and growing with inflation) is projected to increase the 30-year surplus by -$27
         billion if begun in FY2030 and -$11 billion if begun in FY2040.
     Risks to the long-term projections in the 2020 Fiscal Plan. While the 2020 Fiscal
     Plan projects that -$8 billion surplus will be generated through FY2o2o-2031, there are
     several variables that have a material impact on the long-term financial projections in the
     2020 Fiscal Plan. The impacts of COVID-ig remain highly uncertain at this stage and could
     prove to be longer-lasting and greater than anticipated. Moreover, revenues could be
     compromised through lower growth generated by delayed or not implemented structural
     reforms, lower than expected federal funding, and/or less efficient spending on capital than
     projected. Both revenues and expenditures could be impacted by demographic shifts not yet
     seen on the Island, and in the areas of government expenditures:
     •   Lack of implementation of healthcare reform measures could affect the long-
         term projections of the 2020 Fiscal Plan. If healthcare reform measures are not
         implemented starting in FY2021, the surplus would decrease by $14 billion.
     •   Implementation risk of agency efficiency measures also exists. For example, if
         only 50% of the projected run rate agency efficiency measures are achieved, the 30-year
         surplus would decrease by $21 billion. Similarly, if only 75% of the projected run rate
         agency efficiency measures are achieved, the 30-year surplus would decrease by $11
         billion.


     6.2 Debt Sustainability Analysis (DSA)
    The DSA is intended to provide a framework for assessing the long-term capacity of the
    Government to pay debt service on its bonded debt. Debt levels post-restructuring need to be
    sustainable over the long-term and consistent with both a minimal risk of default on the
    restructured debt and a recovery of market access for future new money borrowings for
    ongoing infrastructure investment. The analysis begins with the 2020 Fiscal Plan and is then
    informed by the debt sustained by the most appropriate peer group against which to
    benchmark Puerto Rico. The DSA then applies rating agency metrics for that benchmark group
    to Puerto Rico to arrive at an assessment of what debt levels are sustainable in light of long-
    term projections and the peer metrics. Net tax-supported debt is defined as debt payable from
    statewide taxes and other general resources, net of obligations that are self-supporting from
    pledged sources other than state taxes or operating resources (such as utility or local
    government revenues). Prior to the enactment of PROMESA, Puerto Rico had approximately
    $45 billion in tax-supported debt with a declining economy and no guarantee of sustained
    federal funding. Post-COFINA restructuring, Puerto Rico net tax supported debt outstanding
    was approximately $41 billion, comprised of GO, PBA, COFINA, PRIFA, HTA, CODA, ERS,
    Public Finance Corporation (PFC), and other intergovernmental loans. Net of the restructured
    COFINA debt, Puerto Rico's other net tax-supported debt outstanding totals approximately
    $28 billion.
    The 2020 Fiscal Plan's DSA has been fundamentally re-evaluated and adjusted to reflect
    accurately Puerto Rico's post-COVID-19 economic reality. The contours of the post-COVID-19
    economy are uncertain but have already caused a significant global economic recession and
    could have both positive and negative effects on various industries vital to Puerto Rico's local


                                                  59




                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                     Desc:
                   Exhibit DRA Exhibit 235 Page 60 of 271


     economy. Due to these unknown impacts, any economic projections at this time will
     necessarily be uncertain and imprecise, especially when it comes to reflecting Puerto Rico's
     debt capacity. Accordingly, the DSA in the 2020 Fiscal Plan has evolved since the 2019 Fiscal
     Plan's DSA,

     US states as peer comparables: Like US states, Puerto Rico does not control its own
    currency, has no access to IMF restructuring support programs or similar international
    sovereign relief funding packages, and traditionally has been reliant on access to the same
    long-term municipal bond market used by the US states to finance their capital needs. Puerto
    Rico's bonds are also rated by the same rating agency analyst groups that assign ratings to US
    states, not by foreign sovereign bond rating analysts. For these and other reasons, Puerto Rico
    has more similarities to US states than to sovereign nations. By virtually any measure tracked
    by the rating agencies, Puerto Rico's existing debt levels are clear outliers relative to these US
    state peers (Exhibit 26).

     EXHIBIT 26: US STATES AS COMPARABLES
      Net lax-supported debt.                                                                          Nat tax-supported debt, to state personal income. '

          GO%                                                                                           120%
                                                                                     5
                                                                                                                                                                                 102 4
          50%                                                                                           100%

          40% I                                                                                           80%

          30%                                                                                            60%

          20%                                                                                            40%

          10%                                                     5.7                                    20%
                                             2.5                                                                                                               65
                         04                                                                                                    0f
           0%                                                                                              0%
                    Lowest 10           U.S average          Highest 10         Puerto Rico                            Lowest 10     U.S. average          Highest 10        Puerto Rico
                   state average                            scale average                                            slate average                        slate average

     Nes tax supported deer der come                                                                   Gem service.                            Ili.1 ,•



      S7O.NO                                                                                             40%
                                                                                    15.862
      S10 CO                                                                                              JET%                                                                   28 1


      ill] OM


       55.000                                                   3&•30                                     10%                                                  96
                                            1 494                                                                                         13
                                                                                                                               09
            50      ---                                                                                    0%                                             —       -
                    Lowest 10           U S average          H.ghesi 10         Puerto Rico                            Lowest 10     U S average          Highest 10         Puerto Rico
                   state average                            slate average                                            state average                        state average
      1Ownr ■eeilLIPe craOss8.[C..armnrASee1/■-•kelSAST.Areelite, t rics.mt8108.8.81 l'eef.ilitrEwutm%
      451. Prato [c% kes-8/...1.111...11VeSC-Iller 14040,,, 3411.... At% IA" Al ,TUAL-S,(WISC 01281L 89......r....,...:,-,811.8811WellAnea OWE, A.S.!, 'Wee TY1.10.-.0101.1.8). Arefeee,_
       nrproynrcon48888. An Porto rbca ..11.8. pa to wead.T1(.1 MAW Intee• eptweiveno§ SI&                                  143.4        PEO-1               PFC. le■ a OPO
      SUcl ,r0 S      r1e5ler3 Ian      .181.081e- Fla. LW 18.181188.04 MIi1.4e11rr etry Ms        IA lr,, To.11.1 it ii!L73             ; .1. =. -•                      Iwo Um A
               - Mayan;- 7oW Stele       PoiM■110            F411 PI    !yew Mtn 7, '2[17




    While some observers note that Puerto Rico residents do not pay federal income taxes, they
    do pay Social Security and Medicare taxes, and the low per capita income levels would place
    most Puerto Ricans in a tax bracket where they would otherwise pay little or no federal income
    tax. Meanwhile, federal reimbursement levels provided to Puerto Rico for the largest
    Government spending programs (including Medicaid and transportation) are capped at levels
    well below the FMAP and federal highway reimbursement levels provided to comparably sized
    and wealthier states. Puerto Rico's residents pay graduated income taxes to Puerto Rico at
    brackets comparable to the federal income tax rates, thereby providing the funds needed to
    provide services to the Puerto Rico resident population, which is far poorer than the
    population of any US state. Yet Puerto Rico receives far less federal support.
     Metrics for debt sustainability: Viewing US states as the most comparable group for
     benchmarking Puerto Rico, the DSA uses the debt ratio metrics in the June 3, 2019 Moody's
     Investors Service (Moody's) report "States - US Medians - Flat debt total signals cautious
     borrowing, despite infrastructure needs" and the "Fixed Costs" ratio metrics in Exhibit 19 of


                                                                                              6o




                                                                                                                                                                          DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                                   Desc:
                   Exhibit DRA Exhibit 235 Page 61 of 271


     the September 17, 2019 Moody's report "States              US Medians Adjusted net pension
     liabilities decline; OPEB liabilities vary widely" to develop a range of levels for sustainable debt
     capacity, including Maximum Annual Debt Service (MADS) levels for Puerto Rico on its
     restructured existing debt. The key debt ratios for the ten lowest indebted states, the 25 lowest
     indebted states, the 25 highest indebted states, the ten highest indebted states, and the mean
     for all US states are shown below (Exhibit 27).
     EXHIBIT 27: KEY DEBT RATIOS FOR US STATES

       let 1owluoverlocl deht .4 ,...i         /lel ernoupported &kW/dote    Rot hocoopporled debt per           Debt sense..'       •• .7,,- ,-' •-;.•          Fused Cooky_ -,-. a   .=,-=—..- •
        -.P                                    pocispnin ilIMITIO, '.        cacao,
          Low 10                         0.4       Low 10              0.5       Low 10                   231        Low /0                               09           Low 1D                        13
          Law 25                         10        Lax 25              1.1       Low 25                   488        Low 25                               21           LoW 25                        Si
          Mean                           25        HOW                 ia        Henn                    1494        Mean                                 43           Mean                          $6
           Tap 25                        4.0       TOP 25              46        Top 25                  24813       Too 25                               84           Top 25                    139
           Too 10                        57        Two 10              0.6       Top 10                  3.880       Top 10                               80           Too 10                    198
      I   Ccoocutoul                     82    1   Hamm               103    1   Cooneoldut              6.302   1   Gunned...4                       9 59
                                                                                                                                                     13                Cnnnednout                297
      2   Hawaii                         IT    2   Connectcul          94    2   Maiskohusetts           9113    2   New Jersey                                  2     Mows                      291
      3   massachusetio                  7.8   3   Marraonikoods       91    3   Hawaii                  5.453   3   1-lawair                             9054         liewaler.s..              21.3
      S   tie...Jersey                   12    4   1:161..wa.          65    1   fitfwJtney              4154    4   Manachuselts                                4                               a04
      5   614515310111                   0.9   5   ROW &Hy             6.4   5   Now York                2247    5   IltnotY                              84     5     Massocnuteks              18.9
      0   T1oIowefr                      43    o   Roots               1.1   6   Delaware                3206    6   tAttalks10110                        78     ei.   Keydudry                  181
      7   Kar1uckY                       01    7   Now Yolk            50    7   Vinod                   2.752   7   K.vhir-ky                            71     7     Maryland                  17 D
      B   Ilmad                          41    5   446.
                                                      4084:1131        49    8   1605111110106           1813    5   maryage                              71     B     Well lhigaam              164
      9   Now 'York.                     40    4   Kentucky            48    9   61klylond               2.343   9   Nave Yost.                           6.7    9     Panos3r7v3no              /19
       ID Rhode Island                   40    10 WaShinglon           45    10 Ft13014 Fslawl           2216    10 1Delkware                             66     /0 Delaware                     131




                          tern". 1•1em■s -     41.1 *mai wound' ownend wcyowIrci crow 440=0,00r needs hew' Joon 1
      2 10110,00f3 whentcY low& 111o5Yea -641oreed re/ ;monk' 0411111 [Mae Flrtk I       why yokel 110111 %Venom 1.1 ..111T
      l'ord calm' no 610 rczna wile d e.w.a 1,0w.11kn.! IgL1asigMaria4 debt 11 =Mtn Id lest C) 400011 rwomIndi wffinowors                                                ',sm.:        Ed
      {CPI 'l wrrcoothel 69 10900071'1




     Exhibit 28 uses the long-term 30-year macroeconomic forecast to determine a range of
     implied debt capacity based on the debt and fixed cost metrics of the average US state. The
     debt capacity ranges shown are based off the following five methodologies: (1) debt to own-
     source revenues, (ii) debt per capita, (iii) debt to state personal income; (iv) debt to GDP; and
     (v) fixed costs to own-source revenues. Implied debt capacity and expected growth in debt
     capacity must be sufficient to cover both restructured debt and debt service on any future new
     money capital borrowings Puerto Rico needs to maintain its public infrastructure. To the
     extent new and additional revenues are enacted in the future, including revenues designed to
     support future capital projects or generated by public-private partnership infrastructure
     investments, then those initiatives could generate additional debt capacity for Puerto Rico that
     is not reflected in the current 2020 Fiscal Plan projections. Consistent with the February g,
     2020 Commonwealth Plan Support Agreement, the debt service on Commonwealth tax-
     supported debt (excluding COFINA senior bonds) is limited to 20 years for the purposes of
     this analysis. The 5-year average capacity statistics represent the average par amount between
     the five methodologies of an implied 5.55% 20-year level debt service structure. Moody's
     defines "fixed costs" as the sum of a state's annual debt service and its annual budgetary
     pension and retiree healthcare (i.e., Other Post-Employment Benefits (OPEB)) expenditures.
     Given that Puerto Rico's public employee pension system is essentially zero percent funded -
     and that as a consequence the Central Government will pay pension expenditures on a fully
     PayGo basis from budgeted revenues each year — the fixed costs ratio helps capture that
     burden in comparison to the level of fixed costs as a percentage of Own Source Revenues for
     US States.




                                                                                             61




                                                                                                                                                                                  DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 62 of 271


     EXHIBIT 28: IMPLIED NET TAX-SUPPORTED DEBT CAPACITY RANGE BASED ON
     AVERAGE US STATE ($M)
      Implied debt capacity range based on average US state



      $20,000                                                             —      Debt to GDP
                                                                          —      Debt Per Capita
                                                                          -- Fixed Costs to Own Source Revenues
                                                                                 Debt to Persona! Income
                                                                                 Debt Service to Own Source Revenues

      $15,000




      $10.000



       $5,000




           S0
                FY20                       Fle25                   FY30             FY35                      FY39


     Exhibit 29 uses the long-term 30-year macroeconomic forecast to determine a range of
     implied debt capacity based on the debt metrics of the io highest indebted US states. The debt
     capacity ranges shown are based off the following five methodologies: (i) debt service to own
     source revenues, (ii) debt per capita, (iii) debt to state personal income, (iv) debt to GDP, and
     (v) fixed costs to own-source revenues. Implied debt capacity and expected growth in debt
     capacity must be sufficient to cover both restructured debt and future debt issuance. The 5-
     year average capacity statistics represent the average amount between the five methodologies
     of an implied 5.55% 20-year level debt service structure




                                                              62




                                                                                                      DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                 Desc:
                   Exhibit DRA Exhibit 235 Page 63 of 271


     EXHIBIT 29: IMPLIED NET TAX-SUPPORTED DEBT CAPACITY RANGE BASED ON TOP-
     10 HIGHEST INDEBTED US STATE DEBT METRICS ($M)
      Implied debt capacity range based on top-10 highest indebted US state debt metrics, $10




      $30,000                                                                                                                   —     Debi to GDP
                                                                                                                                —     Debt Per Careta
                                                                                                                                -     Frxecl COMB ter Own Source Revenues
                                                                                                                                --- Debt to Personal Income
      $25,000                                                                                                                     -   Debt Service to Own Source Revenues




      $20,000



      $15,000        urerelrunorm                                                              g                                                 Average Fr35239. 510.539
                      Average Fr20-24: 59,061                  Average FY' 25-73 5.9.,61)5              Average Fr3Cr 14 $9132


      $10,000



        $5,000



              $0 '
                     FY20                                   FY25                                     FY30                                    FY35                            FY39
      For loslrebopo purposes. Vetoes n (Rana s?
      Tire Own Source Revenues metric used rot me OnSI =crate Ord For.e4 Cells reereSU rem in WAGS MG 53 45% areoYeed Seem T7 nvesc Amount Wed to pay ale restrucLu.ed ?Fero P orx
      sorcludes reshrelunedWFOLA WIN service to mace The varied debt canemay and also each/dal Federal Transfers. a all eases. future untied sleet capacity range la levee Su the Cie
      3GG.5:G.10 Own SOGG:L RGyGMIGS 15515




    The illustrative implied levels of the Government's restructured debt in the previous chart are
    calculated by applying the Net Tax Supported Debt ratios of the "top ten" US states (in terms
    of debt load) to Puerto Rico's future projected GDP, population and Own-Source Revenues.
    Debt Service to Own Source Revenue and Fixed Costs to Own Source Revenues figures are
    derived assuming debt service of a long-term level debt service structure, with a 5.55% average
    coupon.
     Exhibit 30 uses the long-term 30-year macroeconomic forecast to determine a range of
     implied debt capacity based on the debt metrics of the 25 highest indebted US states with the
     same five methodologies.




                                                                                           63




                                                                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                   Desc:
                   Exhibit DRA Exhibit 235 Page 64 of 271


     EXHIBIT 30: IMPLIED NET TAX-SUPPORTED DEBT CAPACITY RANGE BASED ON TOP-
     25 HIGHEST INDEBTED US STATE DEBT METRICS ($M)
     Implied debt capacity range based on top-25 highest indebted US state debt metrics, SW'



      $30,000                                                                                                                   —       Debt to GDP
                                                                                                                                —       Debt Per Capita
                                                                                                                                —       Fixed Costs to Own Source Revenues
                                                                                                                                 •-     Debt to Personal Income
      $25,000                                                                                                                           Debt Service to Own Source Revenues




      $20,000



      $15,0



      $10,000            Average FY'20-74 55,226                  Average FY 5-'n $5,396                  Average FY'30-'34 $5,513                Average FY 35-'39: $5,854




        $5,000




                    FY20                                    FY25                                     FY30                                    FY35                             FY39
      For 11.1rettell purpmtaa. VelbeS n11500111.?
      The Own Source Revenues metric used Tar Me Dee! Service and Facer) Casts iinecieu res ar3uiles the    Perigeri Sates Ta.aase Amount ueadfv pay Pie restrucLareeCOFNA Gorda,
      excarasnis-IniclurraCOFIRA adv service to reser. the magma oat capacey. arC also excludes Federal. Transfers. in iN celep future !WOOD Debt capacity range la Mier) Sa lire Datrt
      3erwlealie Own Source Revenues .iletne




     Exhibit 31 uses the long-term 30-year macroeconomic forecast to determine a range of implied
     debt capacity based on the debt metrics of the 25 lowest indebted US states with the same five
     methodologies.




                                                                                           64




                                                                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                           Desc:
                   Exhibit DRA Exhibit 235 Page 65 of 271


     EXHIBIT 31: IMPLIED NET TAX-SUPPORTED DEBT CAPACITY RANGE BASED ON 25
     LOWEST INDEBTED US STATE DEBT METRICS ($M)
      Implied debt capacity range based an 25 lowest indebted US state debt metrics, IA




      $30,000                                                                                                    •■■• NIA to GOP
                                                                                                                 ,•—• Debt Per Capita
                                                                                                                  — Fixed Costs to OM Source Revenues
                                                                                                                       Debt Co Personal /norm
      $25,000                                                                                                      — Debt Solace to Own Source Revenues



      $20,000


      $15,000


      $10,000


        $5,000                                                                                                                  •1=1.



                      Average Fr2V241 S2.014              Average FY25-'20. 52,062           Average Fr30234: S2,111              Average Fr35-19 S2,165



                   FY20                                FY25                               FY30                                FY35                         FY39
         1..1,v100. mr■ M•az
      c a4                           p
                                    v.. re CPAIP                     rarpEel          v, ••114. wry limb 4114 lor• .1+,0,, U610. My (9,MI            C 3C-T'Ph-
      Ora/MA                             12   11int,* rviliv   vim*, vs. avv e•cl.vel            • II                      WNI•AgArt3v ralgt s ssleC V re cll..




    Maximum annual debt service cap on restructured fixed payment debt: The
    implied debt capacity and expected growth in debt capacity must be sufficient to cover both
    the payments due on the restructured debt and all payments due on future new money
    borrowings. Accordingly, the aggregate debt service due on all fixed payment debt issued in
    the restructuring of the Government's existing tax-supported debt should be capped at a
    MADS level. The cap would be derived from the US state rating metrics, and specifically from
    what Moody's calls the "Debt Service Ratio." The Debt Service Ratio is the ratio of total
    payments due in a year on al] existing net tax-supported debt over that state government's
    own-source revenues (i.e., excluding federal transfer payments) in that year.
    The Moody's report indicates that the average Debt Service Ratio for the all US states is 4.3%.
    The Moody's report indicates that the average Debt Service Ratio for the top 10 most indebted
    states is 8.6%. The Moody's report indicates that the average Debt Service Ratio for the top 25
    most indebted states is 6.4%. The Moody's report indicates that the average Debt Service Ratio
    for the 25 lowest indebted states is 2.1%. To the extent any of these Debt Service Ratios is used
    to set a MADS cap on the restructured debt and the Primary Surplus is below the MADS level,
    then the debt service due on fixed payment debt would need to be set at the lower of the
    amount available for debt service or the MADS limit.
     With respect to the Moody's Fixed Costs Ratio, the September 2019 Moody's report indicates
     that the average Fixed Costs Ratio for all US States is 9.6%. The same report indicates that the
     average Fixed Costs Ratio for the io States with the highest Fixed Costs Ratios is 19.8%, the
     average Fixed Costs Ratio for the 25 States with the highest Fixed Costs Ratios is 13.9%, and
     the average Fixed Costs Ratio for the 25 States with the lowest Fixed Costs Ratios is 5.3%.
     Debt sustainability analysis. Exhibit 32 below calculates implied debt capacity based on a
     range of interest rates and 2020 Fiscal Plan risk factors under an assumed illustrative 20-year
     term and level debt service. The risk factor is calculated by reducing the amount of projected
     cash flow available per year for debt service by a certain percentage. For example, a 20% risk


                                                                                 65




                                                                                                                                                  DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 66 of 271


     factor case would use only 8o% of the projected cash flow available to pay debt service on fixed
     payment debt.
     EXHIBIT 32: IMPLIED DEBT CAPACITY BASED ON RANGE OF INTEREST RATES AND
     RISK FACTORS ($M)
      Implied debt capacity based on range of rilerest rates and contingency, 5M

                                                        Sensi /Way Analysi s Implied Debt Capacity at 20% contingency
      Illustrative Cash Row Available                                      $200             $400              $600         $800
                                                          4.0%           $2,174           $4,349            $6,523        $8,698
       Sensitivity Analysis:
                                                          5.0%             1,994           3,988             5,982         7,976
       PV Rates %
                                                           5.0%            1,835           3,670             5,506         7,341
                                                        Sensitivity Analysis_ Implied Debt Capacity at 5% PV Rate
      Illustrative Cash Flow Available                                     $200             $400              $600         $800
                                                         10 0%           $2,243           $4.486            $6,730        $8,973
       Sensitivity Analysis
                                                         20.0%             1,994           3.988             5.982         7,976
      % Contingency
                                                         30.0%             1,745           3,489             5,234         6,979



     Restoration of cost-effective market access: As Puerto Rico seeks to regain cost-
     effective capital markets access, rating analysts and investors will demand that the
     Government demonstrate improvement in all four core areas of creditworthiness identified by
     Moody's: (i) the economy, (ii) Government finances, (iii) governance and "fixed cost" debt
     service, and (iv) pension expenditures. The Government must adhere to structurally balanced
     budgets reflecting ongoing fiscal discipline and return to the timely publication of audited
     financial statements and related disclosure information. Together, these and other measures
     outlined in the 2020 Fiscal Plan can chart a path to restoring Puerto Rico's market access.




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                                                                                                                        DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 67 of 271



     Part III. Investments to revitalize Puerto Rico
     Despite the challenging economic climate ahead, the 2020 Fiscal Plan furthers the Oversight
     Board's multi-year strategic investment program to improve government services, increase
     competitiveness, and create the conditions for growth that can benefit all residents.
     Over multiple Fiscal Plans the Oversight Board has called for investments in front-line services
     that residents depend on for health, safety, and economic opportunity. This has included
     major investments in healthcare, public safety, and education. The 2020 Fiscal Plan preserves
     investments included in prior Fiscal Plans and supplements them in priority areas such as
     broadband infrastructure, developing the technology-oriented workforce of Puerto Rico, and
     revitalizing the manufacturing sector.
     With the onset of the COVID-19 pandemic and resulting economic damage, it is now more
     imperative than ever that the Government make longer-term investments in the Island's
     infrastructure and workforce to lay the groundwork for recovery, future innovation, and
     success in an increasingly competitive global economy.
    In total, the 2020 Fiscal Plan proposes $5.5 billion in investments over FY2020-FY2025.
    These investments can be categorized as follows.

     Immediate response to COVID-19
    As described in Section 4.2.3, the Oversight Board has worked closely with the Government to
    act decisively to mitigate the effects of the sudden economic shock caused by the COVID-19
    pandemic. These initial FY2020 investments have included:
     •    Providing hazard pay for front-line workers (—$213 million): Providing one-time
          bonuses to essential front-line workers (including public and private nurses and
          technicians, police, certain correctional staff, and professionals managing taxes and
          financial operations) so as to support them during this challenging time and reward them
          for their valiant efforts in combating the COVID-19 pandemic.
     •    Supporting direct payments to residents ($160 million): Offering a $500 one-
          time cash payment to 200,000 self-employed individuals and a $1,500 one-time cash
          payment to 40,000 small businesses on the Island.
     •    Supplying essential supplies and equipment ($55 million): Facilitating the
          purchase of critical medical and public safety supplies, as well as enabling urgent capital
          expenditure programs.
     •    Enabling distance learning in the public education system (—$255 million):
          Purchasing tablets, software, and training services necessary to support distance learning
          for all PRDE students and teachers as part of the Emergency Measures Support Package
          issued in response to the COVID-19 emergency.
     •    Supporting municipalities ($100 million): Providing funding to help municipalities
          weather the fiscal challenges posed by the COVID-19 pandemic.
     •    Ensuring municipalities have adequate liquidity ($185 million): Authorizing
          liquidity support for municipalities facing delayed property tax collections as a result of
          COVID-19.30




     30                        •
          Theili qu idi ty facility is considered a use of the Commonwealth balance sheet, not a Fiscal Plan expense.


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                                                                                                                        DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 68 of 271


     • Enabling research and development ($2 million): Funding COVID-19 related
         research and development in CPR's Medical Sciences Department.

     Investing in critical healthcare infrastructure
    The Oversight Board further proposed to the Government to use remaining FY2020 funds to
    invest in healthcare infrastructure and services in the near-term. The Oversight Board has
    recommended several priority investment opportunities, but has not yet secured agreement
    from the Government. These investments would include:
     • Capital improvements in public hospitals (—'$158 million): Addressing critical
         infrastructure gaps (e.g., the renovation of functionally-obsolete facilities, purchase of
         power generators) that are necessary to expand capacity and ensure facilities are equipped
         to meet Puerto Rico's healthcare needs. Facilities and hospitals included are the
         Department of Health, the University Pediatric Hospital, the Adult University Hospital,
         Hospital Universitario Ramon Ruiz Arnau, the Medical Services Administration including
         Centro Medico, the Mental Health and Drug Addiction Services Administration, the
         Comprehensive Cancer Center (in addition to the funds outlined in the previous section),
         UPR Medical Sciences Campus, and the Cardiovascular Center Corporation.
     • Public hospital IT (—$90 million): Instituting and expanding the use of Electronic
         Health Record programs and driving operational improvements through the use of digital
         hospital management tools. The Oversight Board recommends that $70 million be
         invested in FY2020 and has included $20 million for investment in FY2021.
     • Telehealth infrastructure (—$5 million): Expanding access to care through
         development of a telehealth platform and establishment of access points in underserved
         areas.
     • Supporting opioid treatment (—$3o million): Combating the harmful effects of the
         opioid epidemic through enhanced access to treatment, medication, and educational
         resources. The Oversight Board recommends that $io million be invested in FY2020 and
         has included $io million for investment in both FY2021 and FY2022.
     • Providing scholarships for healthcare students (—$30 million): Addressing the
        lack of access to quality healthcare in underserved areas by providing funding support to
        healthcare students committed to serving these communities. The Oversight Board
        recommends that $10 million be invested in FY2020 and has allocated $20 million for
        investment in FY2021.

     Enhancing healthcare services
     Healthcare continues to be a priority for Puerto Rico, particularly in light of the Island's recent
     history of multiple natural disasters. Accordingly, the 2020 Fiscal Plan both preserves and
     supplements the strategic healthcare investments included in prior fiscal plans. Investments
     in healthcare include:
     • Improving the Medicaid system (—$265 million): Improving the availability and
         quality of healthcare to vulnerable populations by increasing reimbursement rates,
         expanding coverage for certain medications, and investing in IT programs.
     • Maintaining nurse and health professional staffing levels (—$173 million):
         Ensuring access to quality healthcare by retaining nurses and other health professionals.
     • Capital expansions at public hospitals (—$iio million): Bolstering capacity at
         public hospitals through major capital projects, such as construction of new wings starting
         in FY2021.


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                   Exhibit DRA Exhibit 235 Page 69 of 271


     ■ Operationalizing the Comprehensive Cancer Center ($30 million): Fully
        operationalizing the UPR Comprehensive Cancer Center through purchase of equipment
        and hiring of staff.
     ■ Enabling operational efficiencies ( — $8 million): Funding to the Psychiatric
        Hospital for federal certification, materials and supplies for the Department of Health, and
        $1.2 million incentive-based funding contingent on completion of an analysis that
        identifies back-office efficiency opportunities at the Department of Health and on the
        passing of legislation to consolidate ASES into the Department of Health.

    Safeguarding public safety
    The Oversight Board has made public safety a priority multi-year investment focus, including
    by making a major investment in police compensation. Multi-year investments across all
    public safety agencies include:
     ■ Police compensation ( — $1.2 billion): Providing for increases to police salaries and
        benefits to improve recruitment and retention of sworn officers, as well as funding for
        overtime and backpay.
     ■ Equipment and capital ( — $60 million): Funding for capital improvements and
        purchase of equipment for Police, Firefighters, and Forensics Institute.
     ■ Firefighter compensation ( — $17 million): Funding to maintain the $1,500 increase
        in firefighter salaries, and providing an additional salary increase.
     ■ Emergency medical service providers (— $6 million): Ensuring that there are
        sufficient emergency response personnel to assist residents, particularly in light of recent
        natural disasters and the ongoing COVID-19 pandemic.
     ■ Forensics Institute personnel ( — $23 million): Hiring specialists at the Forensics
        Institute to address the backlog of cases.
     ■ Efficiency and status of facilities study/analysis ( — $6 million): Incentive-based
        capex funding contingent on completion of a study to identify footprint consolidation and
        operational efficiency opportunities at the Department of Corrections.

     Driving educational outcomes
    The Oversight Board has devoted significant attention to the imperative to improve
    educational outcomes in Puerto Rico, evidenced by a multi-year investment program above
    and beyond the substantial federal funds available to the Government. These investments
    include funds for:
     ■ Public school nurses and psychiatrists ( — $337 million): Protecting the physical
        and mental health of schoolchildren by ensuring that every public school has a nurse
        available and that all students have access to counseling support.
     ■ English Language Learning (—$5 million): Developing teaching resources to
        support improved English language education.
     ■ Teacher and school director compensation (—$285 million): Providing salary
        raises for transitory teachers and directors, which PRDE mistakenly excluded from the
        FY2o19 and FY2o2o salary raises previously funded by the Oversight Board.
     ■ Needs-based scholarships (—$179 million): Increasing funding for the UPR
        scholarship program to enhance access to higher education for those without the necessary
        financial means. This is in addition to the $35 million already provided in FY2o19, for a
        total of $214 million for the scholarship fund.

                                                     6g




                                                                                         DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 70 of 271


     ■ Textbooks, food, transportation, and other expenses (-$65 million): $3 million
        in funding to purchase new textbooks for students in addition to $22 million provided in
        FY2o2o, as well as funds to support student food expenses, transportation, and equipment
        / materials.
     ■ Teacher time and attendance (-$6 million): Incentive-based funding for schools
        and directors that implement regular time and attendance reporting.
     ■ Student attendance (-$700,000): Incentive-based funding for schools that
        implement regular student attendance reporting.
     ■ Digitalization of Individualized Education Programs (IEP) (-$25,000):
        Funding to incentivize successful digitization of Special Education IEPs.
     ■ School scorecards (-$1 million): Incentive-based funding for school directors that
        perform well on scorecards, which are to be developed and implemented across all public
        schools.
     ■ Education innovation (-$7 million): Awards to be allocated through an education
        innovation school competition to schools for implementation of innovative programs and
        practices.

     Strengthening the technology sector
    To ensure Puerto Rico can compete in a global economy, the 2020 Fiscal Plan includes critical
    funds for technology infrastructure and workforce development programs. These include:
     ■ Universal broadband access ($400 million): Ensuring that all residents can benefit
        from access to online resources through incentives to expanded broadband roll-out and
        the provision of faster service.
     ■ Establishment of a 21st Century Technical and Business Education Fund ($5o
       million): Improving technical and business talent on the Island through programs
        designed to develop workforce skills that are aligned with the needs of the 21't century
        economy.

     Growing the manufacturing sector in Puerto Rico
    The manufacturing sector in Puerto Rico is another potential area that can help drive growth
    and establish more locally-driven economic activity. The 2020 Fiscal Plan includes the
    following investments:
     ■ Defining a comprehensive and actionable plan to reactivate the
       manufacturing sector: The Oversight Board will conduct a comprehensive study to
        update the facts and acquire the knowledge necessary for the private sector and the
        Government to define a comprehensive and actionable plan to reactivate the
        manufacturing sector in Puerto Rico.

     Investments to transform government services
    To accelerate transformation of government services, the Oversight Board has allocated
    incentive-based funding to encourage progress in priority areas. These investments include:
     ■ Enterprise Resource Planning (ERP) system (-$36 million): Incentive-based
        funding for Hacienda for progress and development of an ERP system.
     ■ Financial reporting (-$100,000): Incentive-based funding for more timely
        publication of Comprehensive Annual Financial Reports (CAFRs).


                                                  70




                                                                                      DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 71 of 271


     ■ Transparency of incentives for the private sector (—$7 million): Incentive-based
       funding for regular publication of economic incentives for private corporations and
       associated returns.
     ■ Retirement fund management (—$2 million): Incentive-based funding for AAFAF
       to complete full implementation of segregated defined-contribution (DC) plan accounts.
     ■ Additional staff for priority projects ($44 million): Funds to hire additional staff
       in priority program areas, including GSA to centralize procurement and NAP
       implementation.
     ■ Municipal service consolidation Ono million): Incentive-based funding for
       municipalities to consider different voluntary options for service consolidation in order to
       reduce costs. Municipalities that voluntarily choose to consolidate services will be eligible
       to receive a one-time financial incentive upon certification of such action by the Oversight
       Board. To fund this initiative, the 2020 Fiscal Plan would set aside $22 million in each
       fiscal year through FY2o25 for distribution among municipalities that complete service
       consolidations, once confirmed by the Oversight Board.

     Supporting more effective investment of capital expenditures
     and infrastructure
    To expedite Puerto Rico's reconstruction, and aligned with the Government's request for a
    working capital fund, the 2020 Fiscal Plan includes:
     ■ Working Capital Fund ($75o million): A working capital fund will be made available
       to address the liquidity constraints associated with the reimbursement nature of disaster
       relief programs, subject to certain guidelines, restrictions, and best practices that the
       Oversight Board will establish. This will help to accelerate FEMA-approved reconstruction
       projects, particularly for permanent projects.31



     Chapter 7. Strengthening Puerto Rico's technology
     sector

     7.1 Broadband infrastructure
    The 2012 Puerto Rico Broadband Strategic Plan (written by Connect Puerto Rico, in
    conjunction with the Puerto Rico Telecommunications Regulatory Board and Puerto Rico
    Broadband Taskforce) established a vision of a Puerto Rico with fast, robust, redundant, and
    ubiquitous broadband access. Broadband provides numerous socio-economic benefits to
    communities and individuals, including by improving labor market outcomes by enabling
    remote education, increasing business productivity through better connectivity, providing
    access to better health care through telemedicine for those in rural areas, and enhancing civic
    participation through better access to information.
     During the recent COVID-19 pandemic, internet access has become even more important to
     residents' livelihoods. Across the US, telemedicine is becoming more widespread as a way to
     deliver health services safely. As public and private school systems alike move to distance
     learning models, students who do not have access to reliable, high speed internet are unable
     to participate — and therefore fall farther behind.


     31 The working capital facility is considered a use of the Commonwealth balance sheet, not a Fiscal Plan expense.


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     Unfortunately, within Puerto Rico, while there was some growth in broadband deployment in
     2011-2014 (driven by an aggressive capacity upgrade of cable networks, as well as the
     deployment of fiber by other broadband providers), critical broadband infrastructure gaps still
     exist, particularly across rural areas of the Island. As of 2014 (the most recent year for which
     data is available), while —99% of urban households across Puerto Rico had access to speeds of
     at least 10 Mbps download and 1.5 Mbps, this was true for only —66% of rural households .32
     Broadband adoption figures across Puerto Rico also reveal a persistent gap among certain
     demographic groups. Broadband non-adopters in Puerto Rico were generally low-income
     groups, senior citizens, people with disabilities, and/or individuals with less education, which
     mirrors demographic trends on the US mainland and elsewhere. These gaps have possibly
     widened since Hurricane Maria, particularly in the mountainous region of Puerto Rico, where
     topography has hindered replacement of damaged infrastructure.
     EXHIBIT 33: PUERTO RICO BROADBAND STRATEGIC ASSESSMENT (2015) —
     UNSERVED HOUSEHOLDS




                                                 Symbology
                             - City                   Number of Unserved Households per
                             — Primary Road           Square Mile. per Census Block
                                Secondary Road        1.85.5+               006 - 9.49
                                                    2111140,S0
                                Municipality Boundal.           - 95.49     0 - 0,05
                                Water                  up 20.50 - 40.49     Broadband Available
                                National Lands        409.50 - 20.49


    Addressing the digital divide is critical to ensuring that all residents of Puerto Rico can take
    advantage of the many well well-documented socio-economic benefits afforded by Internet
    connections. These benefits are most evident when people have access to the Internet at speeds
    fast enough to be considered broadband; these speeds are required to facilitate full interaction
    with advanced online platforms.
    To accelerate growth in broadband access and expand resident adoption and use of online
    resources in Puerto Rico, the 2020 Fiscal Plan allocates $400 million in FY2021 (to be used
    over three years) to incentivize private sector investments in broadband build-out and to
    improve access to faster speed offerings in underserved areas. These investments should help
    overcome barriers to broadband expansion and ensure that all residents and enterprises in
    Puerto Rico benefit from this capacity. The goal is to set up funds to support expansion efforts
    in unserved and underserved areas through grant programs that fund a portion of the cost of
    deployment in these communities.




     32 Puerto Rico Broadband Strategic Assessment, 2015


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    A successful broadband program will require strong leadership, accountability, continuity,
    and willingness to work with a broad range of entities, both within the Government and the
    private sector. While many similarities exist across state broadband programs and the
    activities that they are undertaking to close gaps in access, notable differences are also evident.
    These include the form and structure of the program, its life span, and the resources that the
    state has committed.
     Some states, including Minnesota and Colorado, have broadband offices established by statute
     or executive order. Others, including Tennessee, have staff within an agency dedicated to
     supporting broadband programs.
    The 2020 Fiscal Plan requires AAFAF to conduct a transparent, competitive procurement
    process as reviewed and approved by the Oversight Board to select an organization to serve as
    the administrator of these funds (the "Fund Administrator"). The selected Fund Administrator
    must have a staff of experienced professionals and a dynamic network of collaborators that
    include a broad range of private and government organizations. The Fund Administrator must
    also ensure accountability by requiring that all grantees demonstrate they are providing the
    service they were funded to deliver, while also providing the data needed to evaluate the
    program and progress toward defined goals. AAFAF must complete the procurement by
    December 1, 2020.
     EXHIBIT 34: ALLOCATION OF STRATEGIC INVESTMENT FUNDING FOR TELECOM
     BROADBAND INFRASTRUCTURE ($M)
                                     FY21                FY22               FY23               Total

      Assessment —                     10                                     0.5                15
      Update Plan

      Broadband                       50.0               168.0             173.0              31.0
      Grant Program

      Trust                            2.5                 2.5                2.5                7.5
      Admin/Program
      Evaluation

      Total                           53.5               170.5             176.0              400.0

     Over the next three years, in partnership with the Federal Government and both public and
     private stakeholders, the Fund Administrator must collaborate to assess, evaluate, and map
     various opportunities for broadband expansion. Broadband inventory maps and technology
     assessment research will enable a better understanding of the Puerto Rico broadband market
     and help define infrastructure needs in underserved regions, as well as ensure that money is
     sent to the right places. The Fund Administrator, in collaboration with the broadband provider
     community, information and communication technology providers, K-12 education
     stakeholders, the higher-education community, healthcare professionals, local government,
     grassroots community groups working to address the digital divide in their communities, and
     private sector groups for whom broadband is an essential investment asset, will be responsible
     for:
     ■ Monitoring, measuring, and assessing the impact of broadband across the Puerto Rico
       economy
     ■ Measuring and publishing aggregate, industry-wide data regarding broadband investment
       trends



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     ■ Measuring and publishing aggregate broadband use patterns
     ■ Adjusting Puerto Rico economic indicators to estimate and monitor the impact broadband
       has on the overall economy
    The Fund Administrator is tasked with developing a solicited proposal mechanism with the
    goal of providing funding to telecommunications operators and other Internet Service
    Providers to support broadband deployment in unserved and underserved areas. The Fund
    Administrator must institute grant reporting, data collection, and other accountability
    measures to ensure that funded projects deliver the promised service and provide data
    necessary for the state to evaluate progress toward its goals.
    The Fund Administrator must ensure it leverages federal support for broadband expansion,
    by working to provide timely information and strategic planning support to broadband
    providers who can leverage FCC funding opportunities. The Fund Administrator, in
    collaboration with the Puerto Rico Broadband Taskforce, must also work to streamline
    construction permitting and planning and leverage existing public assets, such as poles, ducts,
    conduits, and rights-of-ways, to incentivize private broadband investments.
    Through driving measuring, monitoring and strategic function to telecoms and Internet
    service providers, the 2020 Fiscal Plan expects to improve the overall infrastructure on Island
    and to provide enhanced opportunities—through better and more equal access to education,
    healthcare, and information—for the people of Puerto Rico.


     7.2 21st Century Technical and Business Education Fund
     In addition to funding for telecom and broadband infrastructure, the 2020 Fiscal Plan
     recognizes the importance of investing to close core skill gaps and ensure the people of Puerto
     Rico are able to compete in a global economy. Creating an aligned, 21' century workforce that
     prepares residents of Puerto Rico to thrive is the central challenge to maintaining economic
     competitiveness over the next decade.
    As the pace of technological change has accelerated, one core skill gap in Puerto Rico is around
    technical capabilities — especially among those who are not part of the digital native
    generation. To close the gap for these people who are already in the workforce, Puerto Rico
    must take a learner-centric approach to make it easier to access targeted technical education.
     Meanwhile as businesses look for new skillsets, they are often willing to look beyond college
     graduates to fill open roles — especially for technical skills. According to a recent survey by
     Future Workforce, go% of employers would hire candidates who validate their knowledge
     using a certification, digital badge, or coursework in lieu of a college degree.33 In addition, 55%
     of employers often offer jobs to people who have not finished college. Today, the number of
     both traditional and non-degree credentials is rising. There are now 315,067 unique credential
     programs from non-academic organizations, with the largest categories being digital badges
     and online course completion certificates. Coding bootcamps, which have appeared recently,
     were responsible for over 1,000 unique credentials.
     In Puerto Rico, there are initiatives such as Codetrotters Academy, which offers 10-week
     certification programs in web and mobile development, and the Hobberton School, which
     recently opened a campus on the Island. However, these programs are limited and may not be
     affordable to many residents. In addition, they mostly focus on web development and
     programming, thereby leaving an array of important technical areas uncovered, such as cloud
     infrastructure, server administration, cyber security, business intelligence, Al, and machine
     learning. The universities in Puerto Rico, particularly private ones, have begun expanding

     33 Closing the Skills Gap 2019, Future Workplace and Wiley Education Services


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     continuing education and credential programs, but enrollment is low due to inability to afford
     tuition costs and ineligibility for Pell Grants. As a result, many university programs have
     closed.
    Addressing the need for additional short-duration technical and business education
    opportunities requires forceful and forward-thinking leadership. To spearhead this drive for
    Puerto Rico, the 2020 Fiscal Plan allocates $50 million for a asst century Technical and
    Business Education Fund.
    The 2020 Fiscal Plan requires AAFAF to conduct a transparent, competitive procurement
    process as reviewed and approved by the Oversight Board to select an organization to serve as
    the administrator of these funds (the "Education Fund Administrator"). The selected
    Education Fund Administrator must have a staff of experienced professionals and a dynamic
    network of collaborators that include a broad range of private and government organizations.
    AAFAF must complete the procurement by December 1, 2020.
    The Education Fund Administrator will be tasked with developing a plan for 2151 century skills
    for the entire workforce pipeline in Puerto Rico. The plan will identify the priority technical
    and business areas/skills to focus on, and the program will partner with multiple stakeholders
    in catalyzing and evolving the skills ecosystem. Scholarships would be made available for
    programs that are certified by the Education Fund Administrator, which would do so in
    alignment with the skill development plan. To support these efforts, the Education Fund
    Administrator must establish an engagement mechanism with stakeholders (e.g., a private
    sector taskforce), publish the results of its skills assessment report, create the supporting
    infrastructure for the scholarship program, and put in place a regular monitoring and
    evaluation process.
     Furthermore, the plan will allow universities and private providers to develop and open
     programs in anticipation of fees from the scholars' enrollment. Given the importance of online
     learning, the plan should also encourage programs to be offered in multiple formats, be it
     online, on campus, or a hybrid of the two.




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     PART IV: Restoring growth to the Island
    The fiscal and economic turnaround of Puerto Rico cannot be accomplished
    without the implementation of structural economic reforms that promote the
    transformation of the Island's economy and its workforce. Puerto Rico struggles
     from an uncompetitive labor market, unreliable energy and infrastructure, regulatory and
     other burdens that hinder business productivity, and low educational outcomes and workforce
     support — all of which prevent it from competing in a global economy and from attaining
     positive economic growth. Structural reforms—those that seek to strengthen the fundamental
     drivers of economic growth to encourage job creation, investment, and increased
     productivity—could transform Puerto Rico's future. Years of successive natural disasters and
     health crises further underscore the need for comprehensive Government action as outlined
     in this 2020 Fiscal Plan to reverse the economic challenges that have plagued the Island and
     its people for far too long. If implemented quickly and widely, structural reforms are projected
     to drive real economic growth, reversing decades-long economic challenges and enabling the
     Island's economy and its people to flourish.
     Specifically, the Government must pursue the following structural economic reforms to
     achieve their forecasted economic impact:
     ■ Human capital and welfare reforms that will improve the well-being and self-
         sufficiency of all Puerto Ricans, increase the quality and competitiveness of the workforce,
         enable investment, and facilitate the economic modernization of the Island, resulting in a
         cumulative GNP impact of 0.15% by FY2026.
     ■   K-12 education reforms that will position all students to succeed in school and upon
         graduation by raising the quality of the Island's public schools, resulting in an additional
         0.01% GNP impact per year starting in FY2037 (i.e., reaching 0.13% by FY2049).34
     ■ Ease of doing business reforms that will improve conditions for economic activity and
         business vitality, attracting new investment and creating jobs, resulting in a cumulative
         GNP impact of 0.30% by FY2025.
     ■ Power sector reforms that will improve the availability, reliability, and affordability of
         energy for families and businesses, resulting in 0.30% cumulative GNP impact by FY2024.
     ■ Infrastructure reform and capital investment that will improve the flow of goods,
         services, information, and people across the Island.
     Unfortunately, while the Government has faced numerous unexpected disasters and crises
     that impeded implementation, it has also, at times, rejected the deadlines outlined in the Fiscal
     Plans. Together, this has resulted in delayed implementation on most of the identified
     structural reforms. For example, the Government has:
     ■ Refused to pursue comprehensive private sector labor reform;
     ■ Delayed implementation of the complementary Nutrition Assistance Program (NAP) work
       requirement;
     ■ Made little progress in strengthening the Island's workforce development programs;
     ■ Undertaken almost no discernible efforts to reform the Island's K-12 education system;



     34 Education reforms are projected to generate GNP impact after the first kindergarten class to benefit from those reforms
         completes their first year in higher education or the workforce. As such, this Certified Fiscal Plan assumes that the
         implementation of K-12 education reforms in FY2024 will generate GNP uptick starting in FY2037.


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     •      Implemented very few of the required ease of doing business reforms in a way that would
            make the Island substantially more competitive and attractive to investors; and
     •      Implemented the Earned Income Tax Credit (EITC) but without a robust campaign to raise
            awareness of the new benefit and encourage work in the formal sector.
    These delays have already diminished the projected economic uptick and revenues associated
    with structural reforms. Had the structural reforms above been implemented at the pace and
    scale forecasted in the 2019 Fiscal Plan, the Government would have generated 0.14% in
    additional GNP uptick, worth another $10 billion in tax revenues by FY2049. This shortfall is
    even more pronounced relative to the structural reform impact forecasted in the April 2018
    Fiscal Plan, whereby the Government would have generated 1.18% in additional GNP uptick,
    worth another $66 billion in tax revenues by FY2049 (Exhibit 35). Not only have the residents
    of Puerto Rico lost opportunities to gain new skills, experiences and education, but the Island
    has lost time in attracting incremental investment that would produce jobs and tax revenues
    to be reinvested again into the people of Puerto Rico.
     EXHIBIT 35: FORECASTED GNP UPTICK IN 2019 AND 2020 CERTIFIED FISCAL PLANS
         Forecasted impact of structural reforms 0 3NP
            April 21118 Fiscal Plan        201g Fiscal Plan M. 2020 Fiscal Plan
                                                                                                          Reduced uptick
                                                                                                          worth -$66
                                                                                                          bilkon


                                                                                                          206 ■




                              1.80              1.80          1.80            1,60       1 50                      1.18)
              1 55




                                                                                                                 I
                                                                                  O.85
                                                                                                   0.75
                                                                               I
                                                                         50
                                      40

                     10
                          0                                                          1
                  FY21            FY22              FY23          FY24            FY26      FY26             FY21-49


     Given the disruption and hardship brought about by the COVID-19 pandemic, the economic
     uplift that could be generated through structural reforms matters now more than ever. Urgent
     and comprehensive Government action is needed to promote economic recovery and
     opportunity for all Puerto Ricans. If implemented as specified in this Certified Fiscal Plan,
     structural reforms are projected to collectively generate an invaluable 0.75% GNP uptick by
     FY2026, as well as 0.88% in total GNP growth and more than $24 billion in additional
     Commonwealth revenues by FY2049 (Exhibit 36). As discussed in Chapter 6, these revenues
     will play a key role in helping the Government address budget shortfalls in the medium- and
     long-term.




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     EXHIBIT 36: ESTIMATED IMPACT OF STRUCTURAL REFORMS
      mpact of structural reforms.
      - -         — - - -
                                               r • Human Capital and Labor   Eased doing business • Energy • Education
                                                                                                        24,665

                                                                                                         4,093 a
                                                                                           242




                                                                               125


                                                                     75                    159

                                                         33                     75
                                                                     Sc
                                           8
                 121         1:1                                                                       —1111.1■1—
                FY20        FY21         FY22          FY23        FY24       FY 25     FY20.25        F1'20-49




     Chapter 8. Human capital & welfare reform

     8.i Basis for human capital and welfare reforms
    As of 2019, Puerto Rico's formal labor force participation rate stood at 39%, the second-lowest
    in the world and far below US and Caribbean averages.35 The youth unemployment rate is
    equally high-24.7%—roughly double the world average (12.7%) and three times the US
    average (8.4%).36 Bringing labor force participation rate in line with that of even the lowest
    US state (West Virginia, with 54%) would improve employers' flexibility and create labor
    conditions closer to those on the mainland, driving economic growth and reducing poverty.37
     Puerto Rico's low labor force participation is primarily a function of public policy, namely,
     suboptimal welfare requirements and underperforming human capital development systems.
     The Island's low labor force participation predates the 2017 hurricanes, the 2019-20
     earthquakes. the COVID-19 pandemic, and even the economic downturn that began in 2006.
     According to the World Bank, Puerto Rico's labor force participation rate has ranked in the
     bottom-2o of more than 200 global economies since at least 1990.38


     35 For comparison. the US has a 62% labor force participation rate. In the Caribbean, the Dominican Republic's labor force
         participation rate was 64% in 2019. Jamaica and Haiti's rates were even higher (66% and 67%, respectively). See the World
         Bank Group via International Labor Organization. "Labor force participation rate, total (% of total population ages 15+),"
         2019; and US Bureau of Labor Statistics, "Employment status of the civilian noninstitutional population 16 years of age and
         over by region, division, and state, 2018-19 annual averages,' 2019.
     36 The World Bank Group via International Labor Organization, 'Unemployment, youth total (% of total workforce ages 15-24),"
         2019.
     37 US Bureau of Labor Statistics, 'Employment status of the civilian noninstitutional population 16 years of age and over by
         region. division, and state. 2018-19 annual averages,' 2019.
     38 See the World Bank Group via International Labor Organization, labor force participation rate, total (% of total population
         ages 15-1)," 2019.




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     Suboptimal welfare requirements: Current welfare eligibility programs may
     disincentivize some residents from pursuing work within the formal economy in order to
     ensure sufficient nutritional support, housing and healthcare.39 For instance, current welfare
     eligibility guidelines phase-out sharply as beneficiaries' income rise, informally taxing workers
     for seeking work within the formal economy.40 This phenomenon is particularly pronounced
     in the case of recipients of public housing assistance: even securing a part-time minimum
     wage job can render a beneficiary ineligible for public housing, potentially forcing some
     beneficiaries to choose between formal sector work and keeping their homes.41 Revised
     eligibility guidelines and other policies that encourage residents to work could help resolve
     these issues.
     Underperforming human capital development systems: 2096 of working-age Puerto
     Ricans lack a high school diploma, nearly double the US average (12%), and only 45% of K-12
     students have reached Spanish proficiency on META-PR exams (the Island's standardized
     tests).42 Worker training programs, meanwhile, are rare and disjointedly managed by 15 local
     workforce boards. Strengthening the Island's education system and introducing coordinated
     workforce development programs could mitigate these challenges and help ensure that all
     Puerto Ricans are able to participate in the current and future economy.
     Unfortunately, the Government has delayed the implementation of many human capital and
     welfare reforms intended to address these structural challenges, reducing the potential
     economic uplift to the Island and delaying the opportunity for residents in need of this critical
     support. Continued Government inaction will further jeopardize the development of Puerto
     Rico's human capital, the opportunities available to each resident of Puerto Rico for personal
     development and economic self-sufficiency, projected GNP uptick and its associated increases
     in tax revenues.
    To realize the associated increases to GNP, the Government must begin
    implementing the following human capital and welfare reforms beginning in
     FY2021.

     ■ Broadly-publicize the new Earned Income Tax Credit (EITC) by:

          — Hacienda: Transferring EITC promotional responsibilities to ADSEF

          — ADSEF: Designing a multifaceted EITC outreach strategy (including working with
            community organizations throughout the Island)
     ■ Introduce a Nutritional Assistance Program (NAP) work/volunteer
       requirement by:



     39 Cordero-Guzman, The production and reproduction of poverty in Puerto Rico," in Nazario, ed. Poverty in Puerto Rico: A
         Socioeconomic and Demographic Analysis with Data from the Puerto Rico Community Survey (2014), 2016.
     40 For example, a single parent with two dependents and an annual income below $4,900 was eligible to receive up to $4,229
         dollars in annual Nutritional Assistance Program (NAP) benefits in 2016. But, should this parent work 35 hours per week at
         minimum wage—generating approximately $12,180 in annual earnings, they would become ineligible for NAP benefits. Net
         of taxes on their earning, full-time formal sector work would increase household income by only $7,002—the equivalent of a
         $3.86 effective hourly wage. Effective hourly wage income equals income received from formal sector work minus income
         lost from loss of benefits.
     41 The US Department of Housing and Urban Development (HUD) sets income limits that determine the eligibility of applicants
         for assisted housing programs. For US states, the limit to be considered an 'extremely low-income family" is determined by
         HUD using the Department of Health and Human Services (NHS) poverty guidelines. However, an alternative formula is
         used to define an extremely low-income family for Puerto Rico-30 percent of the median family income for an area or
         lower—which results in lower income limits. The current HUD income limits are so low that, in many cases, entering the
         formal labor market in a part time job at the minimum wage would result in losing eligibility for housing assistance. Thus, the
         existing income limits directly disincentivize formal employment and hinder economic mobility in Puerto Rico.
     42 Federal Reserve Bank of New York, An Update on the Competitiveness of Puerto Rico's Economy," 2014; Puerto Rico
         Department of Education, "Resultados META-PR 2018-2019: Medicion y Evaluacion para la Transformacion Academica de
         Puerto Rico," 2019; in 2019, only 47% of student attained proficiency in science, 39% in English, and 30% in mathematics.


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         — ADSEF: Creating a work/volunteer requirement compliant with Certified Fiscal Plan
           parameters
         — ADSEF: Completing all administrative requirements (e.g. obtaining Federal
          Government approval) necessary to implement a work/volunteer requirement
         — ADSEF: Verifying the eligibility of all adult NAP recipients for the new work/volunteer
           requirement
     ■ Create high-quality workforce development programs by:
         — DDEC: Creating partnerships with private and social sector organizations to strengthen
           worker training
         — DDEC: Conducting regular analyses to understand private sector labor market needs

         — DDEC & Vivienda: Allocating resources in a data-driven manner
         — DDEC: Removing structural barriers to employment (e.g. difficult in securing
           transportation and childcare to go to work)


     8.2 Broadly publicize an Earned Income Tax Credit (EITC)
     To promote labor force participation and reduce poverty, the Government
     should more comprehensively promote the available EITC for tax year 2020 and
     beyond. US policymakers implemented and promoted EITC across mainland states and have
     seen meaningful gains in formal labor force participation as a result, especially among low- to
     moderate-income workers. The credit is an effective anti-poverty tool, empowering
     beneficiaries to defray the cost of education, training, and childcare and support their own
     self-sufficiency.43 Since its creation in 1996, EITC has lifted 6.5 million people out of poverty
     (half of them children)—more than any other US based anti-poverty initiative. However, the
     value of the EITC is greatest when the targeted population is sufficiently knowledgeable of its
     value to a degree that influences daily decision-making around whether they will enter or stay
     in the formal economy and whether they will seek employment in Puerto Rico or elsewhere.

    8.2.1       EITC design parameters
    The 2019 Fiscal Plan required the Government to introduce an EITC adhering to the following
    parameters in tax year 2019:
     ■ Program benefit is sized to account for the Island's relatively lower wages
     ■ Individual benefit is dependent on a filer's marital status, number of dependents, and
       earned income verifiable through an employer-issued tax withholding statement
     ■ Potential benefit increases as earned income rises to a cap, then plateaus, and then
       decreases at a phase-out income level until it reaches $0 (Exhibit 37)
     ■ EITC should be coupled with a robust promotional campaign to raise awareness of the
       benefit among potential claimants and encourage formal labor force participation




     43 To reward formal sector work, the credit reduces claimants' tax obligations and often generates a cash refund. For example,
         a $1,000 increase in EITC benefit has been tied to a 7.3% increase in employment; see Hoynes and Patel, 'How Does EITC
         Affect Poor Families,' 2015.


                                                                  8❑




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     EXHIBIT 37: EITC BENEFIT FORMULA
      EITC Benefit Formula,
      • Benefits begin with the first dollar of reported income and increases at the phase-in rate (different
        depending on household size), up to the maximum credit
      ■ Benefit increase ceases when income reaches the phase-in cap Benefits remain constant at income
        levels that fall between the phase-in cap and phase-out start

      • When income reaches the phase-out start, benefits begin decreasing at the phase-in rate for each
        additional dollar earned, until income reaches the income cap (at which point benefits are $0)



                                                                        Individual/     Married
      Number of       Phase-in         Phase-in        Phase-out        Single in-      income cap,      Maximum
      Children        rate, •vo        cap S           start. S         come cap, $     $                Credit, F,:.

      0                     5.0            6,000          18,000           20,500           21,750               300


      1                     7.5           12.000          13,000           20,500          24,250                900


      2                    10.0           15.000          16,000           28.500           34.750              1,500


      3 or more            12.5           16,000          17,000           33,500          42,000               2000



     8.2.2 Current stale and path forward
    Although the Government has implemented an EITC adhering to the design parameters laid
    out above for tax year 2019, it has not coupled the credit with a robust promotional campaign
    as required by the Certified Fiscal Plan. Hacienda's EITC outreach efforts have centered
    primarily around sending circular letters detailing the benefit to tax preparers and establishing
    a handful of outreach centers across the Island to discuss EITC with potential filers in-person.
    The centers opened in late-February of this year, but their operations were cut short when all
    non-essential business operations were closed on March 15th as a result of the COVID-ig
    pandemic. By relying extensively on an in-person outreach campaign after the tax year was
    over and failing to establish a more robust promotional strategy (e.g. via digital channels,
    targeted marketing) throughout 2019, the uptake of the program and its intended benefits
    have been muted.
     To maximize the uptake and benefits of EITC, the Government must accomplish the following
     actions by their respective deadlines:




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     EXHIBIT 38: REQUIRED IMPLEMENTATION ACTIONS FOR EITC
      Action item
      •   Monitor Ent filing data to prevent and detect fraud                                 • Hacienda          • Ongoing
      •   Assume responsibility for managing EITC outreach iii tax year 2020 and beyond       • ADSEF             • July It 2020
      •   Design an EITC outreach strategy For tax year 2020 and share wish Oversight Board   • ADSEF             • September 15,
                                                                                                                     2020

      •   Prepare EITC performance report and share with Oversight Board                      • Hacienda             September 15.
                                                                                                                     2020
      •   Meet wnh Oversight Board to discuss   EITC performance report and tax year 2020     • Hacienda. ADSEF      September 30.
          promotional strategy                                                                                       2020

      •   Launch new EITC promotional campaign                                                • ADSEF             • Annually from
                                                                                                                     January 1.2021

      •   Monks EITC uptake data in real-time to Inform promotional campaign                  • Hacienda. ADSEF   • Ongoing each lax
                                                                                                                     year
      •   Prepare EITC performance report and share with Oversight Board                      • Hacienda ADSEF    • Annually from
                                                                                                                     Julie 1 2021
      •   Discuss EITC performance with Oversight Board                                       • Haciehda. ADSEF   • Annually from
                                                                                                                     June 15, 2021




     8.3 Introduce a Nutritional Assistance Program (NAP)
           work/volunteer requirement
    To further support labor force participation, the Certified Fiscal Plan requires
    that the Government introduce a work/volunteer requirement for select adult
    NAP beneficiaries by FY2022. NAP is Puerto Rico's largest Government assistance
    program and provides nutritional assistance. Unlike mainland Supplemental Nutritional
    Assistance Program (SNAP) benefits, NAP does not include a work/volunteer requirement.
    The Federal Government requires that all able-bodied adult beneficiaries work, volunteer, or
    be enrolled in worker training classes for at least 20 hours per week to receive SNAP benefits.44
    When well-designed, such requirements have led to increases in labor force participation.45
    The implementation of a NAP work/volunteer requirement is critical to increasing labor
    market participation and the potential growth anticipated from human capital and welfare
    reforms.

     8.3.1 Specific initiatives and design parameters
     The Certified Fiscal Plan required the Government to adhere to a set of parameters when
     implementing a NAP work/volunteer requirement. Specifically, the Government should:
     ■ Apply the requirement year-round to all able-bodied NAP beneficiaries aged 18_5946
     ■ Grant all eligible recipients up to a three-month transition period to secure employment,
       begin volunteering, or enroll in qualified education or training programs ("qualifying
       activities")
     ■ Mandate that all eligible recipients complete 80 hours of qualifying activities per month



     44  NAP also differs from SNAP in that the former is funded as a block grant and is administered separately from the latter; see
         Center on Budget and Policy Priorities, "How Does Household Food Assistance in Puerto Rico Compare to the Rest of the
         United States?• 2020.
     45 For example, when the Federal Government first introduced a work/volunteer requirement for recipients of Temporary
         Assistance for Needy Families (TANF) benefits in the 1990s, the labor force participation rates of single mothers rose while
         poverty rates among single mothers and children both fell substantially. See Gitis, A Menu of Options to Grow the Labor
         Force " 2017, and Gitis and Arndt. "The 20th Anniversary of Welfare Reform," 2016.
     46 As such, all NAP recipients who are under the age of 18, older than the age of 59, or medically certified as physically or
         mentally unfit for employment should be excluded from the work/volunteer requirement.




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     •      Redesign NAP eligibility guidelines and benefit calculations to ensure that eligible
            recipients are not penalized for seeking formal sector work
     •     Redistribute savings realized through the work/volunteer requirement to boost working
           eligible recipients' take-home pay through an expansion of the Earned Income Disregard
           (EID)47
     •     Continue to extend NAP benefits to children even if their parents are eligible recipients
           who do not comply with the work/volunteer requirement

     8.3.2 Current state and path forward
    Unfortunately, the Government has made no meaningful progress in the implementation of
    this work/volunteer requirement as of May 2020. The Government has yet to meet any major
    milestones in the implementation of this reform, including designing the requirement itself.
    Additionally, the Government insists that the work/volunteer requirement must be
    implemented in three-month phases (i.e. a three-month requirement in year one, a six-month
    requirement in year two, etc.) over the course of four years, further delaying implementation.48
    By implementing this requirement in three-month phases, it is unlikely to have any positive
    effect until the end of the four years. Delays to the implementation of the work/volunteer
    requirement will inhibit efforts to boost labor force participation and could further diminish
    the GNP uptick, tax revenues, and improvement in economic opportunities for Puerto Ricans
    projected to follow.
    To rectify this situation, the Government must accomplish the following action items by their
    respective deadlines:
     EXHIBIT 39: REQUIRED IMPLEMENTATION ACTIONS FOR NAP WORK REQUIREMENT
                        Action item                                                                             Owner                Deadline
                        • Design a NAP work/volunteer requirement proposal compliant with parameters            • ADSEFf             • July 1, 2020
                          above and share with the Oversight Board

                        • Meet with the Oversight Board to discuss proposal                                     • ADSEF              • July 15. MO

                        • Submit proposal to FNS2                                                               • ADSEF              • August 1,2020

                        • Assess operational requirements needed to implement the work/volunteer                • ADSEF              • October 15. 2020
         To be            requirement as proposed
         completed
                        •   DISCUSS operational requirements with the Oversight Board                           • ADSEF              • October 31. 2020
         in VY2021
                        • Receive workivolunteer requirement approval from FNS                                  • ADSEF              • November 1 2020

                        • Publish FNS-approved State Plan aligned with Certified Fiscal Plan parameters         • ADSEF              • December 15. 2020

                        • Retain a qualified third-party analytical firm acceptable to the Oversight Board to   • ADSEF                January 31, 2021
                          oversee implementation

                        • Complete review of all NAP recipients tovely workfvolunteer requirement eligibility   • ADSEF              • June 30, 2021

                        • implement full-year workNolunteer requirement                                         •   ADSEF            • July 1.2022
         To be
         completed      • End three-month transition paned for eligible reciperde                               • ADSEF              • September 30. 2022
         in FY2022      • Validate worlvvolunteer requirement implementation with the Oversight Board           • Third party firm   • November 15. 2022
         and
         beyond         • Publish annual report on NAP program and work/volunteer requirement                   • ADSEF              • Annually frol5 August
                          performance                                                                                                  15, 2023


        Thu Ft.tir 5:<•.•1r-,01.•r,CC-evecDOrr•Mt 4ililwormsce,   la turraniry rernzrar_.     WWI 110 W.V./
      td 5 Denanmer n or gtrile.rti rnOff •ed 04-01-10,, tr ace




     47 The EID allows Government assistance beneficiaries to exclude a portion of income earned through formal sector work from
          welfare benefit calculations. An increase in the EID can boost an aid recipient's take-home pay by allowing the claim
          Government benefits that they otherwise would not be eligible for due to an increase in earned income.
     48 Initially, the Government cited a lack of personnel and technical resources to justify phased implementation, Which it stated
          would begin in October 2019, to which the Oversight Board responded by increasing the Department of Families (D0Fys
          FY2020 budget by $4.7MM to hire additional case workers for the NAP program. After securing additional funding, the
          Government reversed course and now insists that phased implementation is necessary given a lack of jobs and qualified
          workers on the Island, further delaying the start of phased implementation.


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     8.4 Create high-quality workforce development programs
    To facilitate labor force participation, the 2020 Fiscal Plan requires that the
    Government more effectively trains residents on the knowledge and skills
    needed to contribute to the economy by laying the groundwork for an overhaul
    of the Island's workforce development system in FY2o2i. Currently, the Island's
     worker training programs are disjointedly managed by local workforce development boards
     and are too limited in scope to support the development needs of Puerto Rican workers at all
     stages of their working life cycles. Moreover, the Government has not conducted the analyses
     or outreach necessary to target the Island's most-pressing talent gaps. Inadequate preparation
     and training have left many Puerto Ricans without a real opportunity to succeed in the formal
     labor force. The COVID-ig pandemic has exacerbated these issues, meaning that empowering
     workers to enter or re-enter the workforce will be especially important in the months and years
     to come.

     8.4.1 Specific initiatives and design parameters
    To strengthen workforce development programs and promote participation in the formal
    economy, the Fiscal Plans have required that the Government complete several initiatives by
    the end of FYao2o:
     ■ Centralize the administration of Workforce Innovation Opportunity Act (WIOA) funds—
       the primary vehicle for federal investments in workforce development—under the
       Department of Economic Development and Commerce (DDEC)
     ■ Promote the signing of Memoranda of Understanding (MOUs) between local worker
       training boards and Government agencies to strengthen training and defray costs
     ■ Conduct the rigorous data analyses outlined throughout this chapter to leverage workforce
       development funds in a data-driven manner to reduce labor market talent gaps
     ■ Update the WIOA State Plan with a roadmap to prioritize and eliminate those talent gaps

     8.4.2 Current state and path forward
     Unfortunately, the Government's progress in overhauling the Island's worker training systems
     is limited to the centralization of WIOA funds under DDEC. Local boards (the ultimate
     authorities on WIOA-funded programming in their respective regions) continue to offer
     workforce programs of disparate and inconsistent quality, and many have delayed signing
     MOUs with Government agencies. Moreover, while DDEC updated its WIOA State Plan in
     March 2020, DDEC did not conduct the required labor market analyses to identify talent gaps
     or propose solutions to those gaps within the updated plan. As such, current initiatives may
     not be well-attuned to the current and future needs of the Island's employers and its economy.
    To develop high-quality worker training programs that empower all residents to reach their
    fullest potential and enter the labor force, the Government must first implement strategic
    and administrative enablers throughout FY2o2i. As such, DDEC must:49
     ■ Create partnerships to strengthen worker training by identifying private and
        social sector leaders to serve on the board of the Workforce Development Partnership
        Office (WDPO), a sub-office within DDEC's WIOA program that will coordinate workforce



    49 U.S Department of Labor Employment and Training Administration, "Best Practices, Partnership Models, and Resources
        Available for Serving English Language Learners, Immigrants, Refugees, and New Americans," 2017: Center for Law and
        Social Policy, "WIOA: What Human Service Agencies and Advocates Need to Know," 2015.




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          development programs with the private and social sectors, and operationalizing the
          WDP05°
     •    Conduct analyses to understand labor market needs by analyzing the Island's
          labor market to identify talent gaps and developing a workforce development coordination
          strategy between DDEC and Vivienda51
     •   Allocate resources in a data-driven manner by developing metrics to evaluate all
          uses of workforce development funds, consolidating the 15 local workforce development
          boards into larger regional boards, and implementing performance-based budgeting for
          all regional worker training boards52
     •    Remove barriers to employment by developing a pilot program to reduce
          employment barriers for working parents, low-income families, and persons affected by
          mental illness
     In turn, these enablers will empower and implement human capital initiatives that support
     the developmental needs of Puerto Ricans at all stages in their working life cycles
     ("life cycle initiatives") in FY2022 and beyond. As such, DDEC must:
     •   Work with PRDE to reform education to enable everyone to graduate high
         school (see Chapter 9 and Section 1.3.3)
     •    Prepare high schoolers for success in college and the workforce by designing a
          dual enrollment pilot program that enables high school students to take college-level
          classes and earn an associate degree alongside their high school diploma, and creating a
          strategy to expand and leverage vocational education to address talent gaps
     •    Empower college students to obtain job skills and research by designing
          employer guidelines and an outreach strategy to expand the number of high-quality co-
          ops and internships available to college students, and expanding opportunities for college
          students to conduct STEM research
     •    Create training programs tailored to employer needs by designing a strategy to
          create high-quality apprenticeships to address talent gaps, and developing a customizable
          workforce development pilot program that leverages local technical colleges to provide
          qualified employers no-cost tailored training programs




     50 In Minneapolis, MN, the International Institute of Minnesota (IIM) offers job training, language classes, and other services to
          local and immigrant audiences. In partnership with St. Paul College, the organization helps participants obtain a home health
          aide certification and provides additional education opportunities to obtain higher-paying nursing certifications. Meanwhile,
          across Illinois, workforce development programs that subsidized the cost of employing workers while the acquired additional
          skills or credentials has benefitted workers and employers alike. Specifically, workers managed to acquire critical work
          experience and education while covering their basic living expenses, while companies reported a range of benefits, including
          improved customer serve and the ability to expand more quickly. See Social IMPACT Research Center, "Putting Illinois to
          Work Evaluation: An Early Look," 2010.
     51 In McAllen, TX, the Broader Workforce Alliance uses a data-driven approach to align workforce development programs to
          local employer needs. The program has served more than 7,700 individuals, placed 90% of candidates into job opportunities,
          and has led to a 230% increase in wages among participants. See Project QUEST'S homepage at https:/lwww.questsa.orgl.
     52 In Seattle, WA, the Ready to Work (RTW) program specializes in preparing immigrants and refugees to enter the workforce.
          The program couples job training via local colleges and non-profits with comprehensive data monitoring to track participant
          outcomes as they enter the workforce. These include language skills (e.g. progression in English skills), participation (e.g.
          attendance and advancement in RTW and higher-level non-RTW programs), employment and self-sufficiency (e.g. initial
          and second job placements, retention rates), educational advancement (advancement to and progression through next-level
          courses), and continuing participation in English language acquisition (continued engagement in English language learning
          initiatives). RTVV's use of data to improve participant outcomes helped the program secure the US Department of Labor's
          Employment and Training Administration's commendation in its official WIOA Operating Guidance. See U.S Department of
          Labor Employment and Training Administration, ''Best Practices, Partnership Models, and Resources Available for Serving
          English Language Learners, Immigrants, Refugees, and New Americans," 2017.



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     ■ Subsidize training programs to support lifelong learning by designing lifelong
          learning pilot program to subsidize adult residents' access to high-quality technical
          education courses that can address pressing talent gaps
     DDEC and Vivienda are best-positioned to oversee the development and implementation of
     these life cycle initiatives. As the administrator of WIOA funds, DDEC can fund the analyses
     and establish the partnerships needed to produce high-quality workforce development
     programming.53 To align with the Community Development Block Grant-Disaster Recovery
     (CDBG-DR) Action Plan certified by the Oversight Board, Vivienda (which will manage a $40
     million Workforce Training Program to better prepare workers for construction, hospitality
     and tourism, healthcare, technology, and manufacturing jobs), should coordinate its efforts
     with DDEC.54
     Finally, to create a roadmap for the overhaul of workforce development systems, DDEC must
     create a Strategic Plan for Workforce Development (SPWD) that details analytical
     findings; KPIs, milestones, and targets; implementation strategies; pilot program results; and
     implementation progress for all enablers and life cycle initiatives. This should be regularly
     updated alongside the WIOA State Plan and an analysis of relevant labor market gaps and
     trends outlined in Section 8.4.455 Making such a plan publicly available will enable the public
     to evaluate the pace, quality, and difficulties realized in the overhaul of workforce training
     system.

     S.4.3 Strategic and administrative enablers
     DDEC must create a Workforce Development Partnership Office (WDPO) to manage
     interactions with private and social sector leaders and support the creation of high-quality
     workforce development programming by the end of FY2021. The WDPO board should be
     comprised of leading public, private, and social sector leaders who provide a high-level
     strategic vision for the WDPO's overarching efforts. The WDPO's day-to-day operations,
     meanwhile, should be staffed and directed by qualified DDEC employees (e.g. WIOA
     personnel) transferred to support the WDPO's needs on a full-time basis and led by an
     executive director appointed by the Secretary of DDEC. On the mainland, similar partnerships
     have played important roles in strengthening workforce development programs.56 The WDPO
     board should include leading business, education, and civic leaders from across the Island,
     including the chief executive of Invest Puerto Rico (IPR).57 The WDPO will play a crucial role
     in executing future two-stage labor market analyses (see Section 8.4.4) by providing DDEC

     53 WIOA funds are intended to support initiatives to train youth, adult, and dislocated workers as well as apprenticeships. Given
         their knowledge of local and regional needs, DDEC should also leverage the expertise of local WIOA boards, which are
         responsible for the administration of WIOA funds and workforce programming in their respective regions, and non-
         governmental workforce development organizations where appropriate.
     54 Per the Action Plan, the Workforce Training Program should promote workforce development in the construction, hospitality
         and tourism, healthcare, technology, and manufacturing industries. Action Plan Amendment Three was submitted to the
         Oversight Board for certification on February 24, 2020 as required by the Second Grant Agreement with the US Department
         of Housing and Urban Development for Puerto Rico's Community Development Block Grant-Disaster Recovery (CDBG-DR)
         grant. The Action Plan was certified by the Oversight Board as compliant with the Certified Fiscal Plan on April 14, 2020.
     55 DDEC is required by the US Department of Labor Employment and Training Administration to update the WIOA State Plan
         every four years. While the two documents will often complement one another, the WIOA State Plan and SPWD must remain
         separate documents as the former concerns the use of WIOA funds that cannot, due to Federal limitations on the scope of
         WIOA programming, serve as a roadmap for all initiatives contained that should be contained within the SPWD.
     56 For example, the Atlanta Committee for Progress (ACP), a public-private partnership, offers Atlanta mayors access to more
         than 40 business, education, and civic leaders to devise solutions to workforce-related issues. Most recently, an effort
         between the ACP, Atlanta Technical College, and the city of Atlanta created a Center for Workforce Innovation (CWI) to train
         local workers in skillsets highly-sought by local companies with grants from the private sector and WorkSource Atlanta, the
         city's workforce development agency. The CWI was made possible by a $2 million grant from local corporations and will
         support three career tracks: aircraft technical skills, information technology, and skilled trades. To better support students,
         the CWI offers a tuition balance forgiveness program and transportation vouchers for students. WorkSource Atlanta,
         meanwhile, offers tuition assistance of up to $10,000 per qualifying student.
     57 IPR serves as the Island's investment promotion agency and is responsible for attracting off-Island investments into the
          Island.


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    with relevant data and insights to help identify talent gaps within the Island's labor market. It
    will also help DDEC design and implement high-quality workforce programming, and enable
    the connection of trained workers with employers fully-prepared to utilize their skillsets.
     To operationalize the WDPO by the end of FY2021, the Government must accomplish the
     following action items by their respective deadlines:
     EXHIBIT 40: REQUIRED IMPLEMENTATION ACTIONS FOR WDPO
                  ACIUM item                                                                                   Deadline

                    Identify poteMial WDPO taoard members and appoint members                         • DOEC   • Snslember 30 2020

                    Identify the WDPOs operational requirements and discuss them with the Oversight     DDEC   • November 15. 2020
                    Board
     To he          Operahonalize the WDPO (e.g.. transfer relesant DDEC personnel)                   • DDEC   • January 31. 2021
     completed
     In FY2021
                  • Begin supporting DDEC and Voenda in (1) designing relevant programming to         • WDPO   • February 1.2021
                    addr wet batman capital needs identified through the Iwo-stage analysis and (2)
                    developing the DDEC-Viyierg la coordination strategy

                    Select the WDPO executive director                                                • DDEC   • March 31.2021

                    Publish annual lapel an WDPO performance                                          • WDPO   • Annually horn August
      To he                                                                                                      15.2022
      completed
      in mon
      and
      beyond




     8.4.4 Analyses to understand labor market needs
    To create impactful workforce development programs, the Government must first conduct an
    analysis of the Island's labor market to identify talent gaps. Per the Oversight Board's
    certification of the CDBG-DR Action Plan, Vivienda must ensure that the Workforce Training
    Program (WTP) creates skilled workers that meet employer needs. The WTP will aim to better
    prepare workers for employment in the construction, hospitality and tourism, healthcare,
    technology, and manufacturing sectors—efforts which will dovetail with DDEC's own efforts
    to realign its own workforce development opportunities to support key industries on the
    Island. As such, Vivienda should coordinate the broader objectives and strategies leveraged by
    the WTP with DDEC's own workforce development efforts.
    In the first stage, DDEC must identify the current and potential talent needs of employers that
    will shape their demand for workers. In this stage, DDEC must determine current and future
    talent demands of employers on the Island, current skill and knowledge gaps among existing
    workers (informed by employers), and the availability, cost, and quality of the Island's talent
    supply. It should also draw on relevant benchmarks and best practices, as well as key labor
    market trends to inform future talent needs.
     In the second stage, DDEC must discern the available resources and trends that will shape the
     supply of talent to meet employers' needs. As such, DDEC must identify the resources
     currently available to train workers to meet employer needs, new resources that workers will
     leverage to develop relevant skillsets, the amount of training currently offered through
     employers, and potential private and social sector partners that can help in training or re-
     skilling workers.
    To ensure that the two-stage analysis fully informs workforce development efforts, the
    Government must accomplish the following action items by their respective deadlines:




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     EXHIBIT 41: REQUIRED IMPLEMENTATION ACTIONS FOR TWO-STAGE LABOR
     MARKET ANALYSIS
                   Action .tql,                                                                                               Vs+stlIele
                   •   Conduct the two-stage analysis. leveraging insights from prwate and social sector   • ()DEC            • ()coauthor It 2020
                       partners and share with Vrvienda


                   • Define strategy to coordinate Vivienda and DOEC workforce training initateves         • DDEC. Vmenda     • March 15. 2021

     TO be
     completed     •   Share two•slage analysis results and coordination strategy with Oversight Board     • DDEC, Vmerida    • March 15. 2021
     in FY211.21
                   • Discuss two-stage analysis results and coordination strategy with Oversight Board     • DDEC. Vivienda   • March 10. 2021


                   • Update the 0.00A State Plan and SPVi/D with two•stage analysis results and            •   ❑DEC           •   April 30. 2021
                     coordination strategy and share with Oversight Board

                   • Repeat the two-stage analysis to update the V1/10A State Plan and SPWD and            • DDEC             •   Quadrennially Sam
     To be           refocus life cycle initiatives                                                                               December 31 2923
     completed
     in F(21122
     and
     beyond




     8.4.5 Allocate resources in a data-driven manner
    To maximize the number of workers that can benefit from redesigned workforce development
    programs, the Government must analyze data to confirm that workforce funds are used
    transparently, efficiently, and effectively. Routine and comprehensive internal data analysis
    will enable DDEC and Vivienda to make interventions where appropriate and reallocate
    WIOA, CDBG-DR, and other workforce development funding to boost impact in future years.
    Potential metrics to analyze include:
     ■ Employment and worker self-sufficiency (e.g. employed participant retention rates,
       average duration of first employment upon program completion, wages over time, etc)
     ■ Program quality (e.g. participant attendance rates, employer satisfaction rates with
       participants' training, percentage of corporate partners who hire participants, etc.)
     ■ Workforce attraction (e.g. percentage of unemployed workers who inquire about a
       program, percentage of inquiring workers who participate in a program, etc.)
     To support the efficient and transparent use of WIOA funds, DDEC must also reform the
     management and funding of local workforce development boards. Local boards employ
     variable approaches to the administration of workforce development programs in their
     regions—to varying degrees of success. As such, DDEC must:
     ■ Consolidate the 15 local boards into larger regional entities to enable well-performing
       boards to take over underperforming peers and benefit from economies of scale
     ■ Ensure that regional boards sign MOUs with Government agencies to strengthen training
       programs while defraying programming costs, facilitating the redeployment of workforce
       development funds to support other high-performing initiatives
     ■ Leverage performance against the aforementioned metrics to set regional boards' annual
       budgets based on prior-year performance to promote efficient and effective uses of
       workforce development funds at the regional level
    To ensure that workforce development funds are used in a data-driven manner, the
    Government must accomplish the following actions by their respective deadlines:




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     EXHIBIT 42: REQUIRED IMPLEMENTATION ACTIONS FOR DATA-DRIVEN RESOURCE
     ALLOCATIONS
                  Action Item                                                                                 •Finor             Medlin+

                     Define proposed metrics to evaluate uses of WIOA CDBG-DR. and other workforce              DDEC. Mrvienda     September 15.2020
                     funds and share with Oversight Board

                  • Discuss proposed metrics with Oversight Board                                             • DDEC, Vivienda   • Seplember 30, 2020

                  • Review current data-trac ki ng capabilities to identify metrics that cannot he readily-   • DDEC. Viviende   • October 15. 2020
                    tracked

      To be          Finalize build-out of previously unavailable data-tracking capabilities                  • DDEC. Vivienda   • March 31, 2021
      completed
      in FY2021      Complete the consolidation of local WIOA boards into regional administrations            • DDEC             • March 31 2021

                     Design a performance-based budgeting strategy for regional WIOA boards and               • DDEC             • April 15. 2021
                     share with Oversight Board

                  • Discuss performance-based budgeting strategy with Oversight Board                         • DDEC             • April 30. 2021

                  • Update SPWD with metrics is track across workforce initiatives and performance-           • DDEC             • May 15. 2021
                    based budgeting strategy

                  • Begin tracking performance of all workforce development initratives relative to           • DDEC. Vivienda   • July 1. 2021
                    metrics
      To he
                     Finalize the first performance-based budget For all regional administrations and         • DDEC             • April 15. 2022
      completed
                     share with Oversight Board
      In FY2022
      and
                  • Discuss performance-based budget with Oversight Board                                     • DDEC             • April 30 2022
      beyond
                  • Update SPWD regarding performance of regional boards and workforce                        • DDEC             • Annually from August
                    development initiatives relative 10 metrics                                                                     15.2021




     8.4.6 Remove structural barriers to employment

     The Government must also introduce measures to ensure that new entrants into the formal
     economy can retain employment. Transportation, childcare, and mental health-related issues,
     for example, can temporarily inhibit an otherwise willing worker from pursuing employment
     in the formal economy. Mainland jurisdictions have used several solutions, including job
     counseling, paid transitional employment, and two-generation strategies that educate parents
     alongside their children, to tackle many of these same barriers.58 With 58.3% of Puerto Rican
     children living in poverty and years of traumatic natural disasters and health crises, the
     Government's efforts should initially prioritize reducing employment barriers for working
     parents, low-income families, and persons affected by mental illness.59
    To reduce barriers to employment, the Government must accomplish the following actions by
    their respective deadlines:




     58 For example, a New York's Center for Employment Opportunities offers formerly-incarcerated persons job training, paid
         transitional employment, and career counseling; post-enrollment, participants are 48 percent likelier than non-participants to
         gain full-time employment and 19% less like to be re-convicted or -arrested for a felony; see Center for Employment
         Opportunities, "Research Results," and Bloom, et al., "Four Strategies to Overcome Barriers to Employment An Introduction
         to the Enhanced services for the Hard-to-Employ Demonstration and Evaluation Project,' 2007.
     59 Rosa-Rodriguez, 'State of mental health services for children in Puerto Rico: Mental heal services for Puerto Rico's children
         are not a luxury but a necessity," 2019.


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                   Exhibit DRA Exhibit 235 Page 90 of 271


     EXHIBIT 43: REQUIRED IMPLEMENTATION ACTIONS FOR EMPLOYMENT BARRIER
     REDUCTION
                      Action item                                                                                                                      lieunne
                         Create a working group comprised of DOE. DOLIIR. DRD PRDE. ASSMCik.                             • OIDEC                   • July 1. 2020
                         Mhienda, and DDEC

      To be              Design plot program to reduce employment homers for worlong parents. low-                       • Working group           • November 15. 2020
      completed          Income families. and persons affected by mental illness'
      in PY.2021
                      • Discuss pilot program with Oversight Board                                                       •   Working group         • December 15, 2320

                      • Update SPWD with pilot program design                                                            • DOEC                    • January 31, 2021

                      • Launch pilot program                                                                             •   TBO                   • July 1, 2021

                      • Update strategy with roadmap to serve additional populations facing significant                  • DOEC                    • March 31.2021
                        employment barriers
      To be
      completed
                         Begin ttroadenlng bartier reduction initiaiiye 10 suppori additional populations                •   TKI                   •    Ongoing tram July 1.
      in 1Y2022
                                                                                                                                                        2022
      and
      beyond
                         Update SPWD with pilot program results                                                          • DOEC                    • August 16. 2022

                         Update SPWO with broader Earner reduction initiative results                                    • DOEC                    •    Annuaty from
                                                                                                                                                   • August 15, 2023

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        =•Dc100-e-i       rya         trecitersno.




     8.4.7 Life cycle initiatives
     Prepare high schoolers for success in college and the workforce
     To support students at the beginning of the working life cycle, the Government
     should offer programming to prepare high schoolers for success in higher
     education or the workforce. The Government must expand vocational education and
     refocus coursework to address major talent gaps to enable more workforce-bound students to
     develop marketable skillsets that increase their likelihood of successfully integrating into the
     labor force. For college-bound students, the Government should also broaden access to dual
     enrollment programs that position students to excel in college and expedite their entry into
     the workforce.
    Although dual enrollment programs can help students excel in high school and college and
    expedite their entry into the workforce, Puerto Rican students have limited access to such
    programs. Dual enrollment programs allow high schoolers to take college courses in high
    school and get credits for an associate or bachelor's degree before college thereby accelerating
    their entry into the workforce, and enable high-achieving students to complete an associate
    degree alongside their high school diploma in some mainland jurisdictions 60 These programs,
    which are typically offered to Puerto Rico to high-achieving students or high schoolers affected




     6° Florida's Early College Program, for example, allows dual enrolled students to work toward an associate degree without
          paying tuition fees, see Legg, 'Early College programs can help Florida build on its education success," 2019,




                                                                                      90




                                                                                                                                                             DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 91 of 271


     by natural disasters on a temporary basis, have numerous benefits, including stronger
     performance in high school and college. 61.62
    To enable high schoolers to benefit from dual enrollment and programs, the Government must
    accomplish the following action items by their respective deadlines:
     EXHIBIT 44: REQUIRED IMPLEMENTATION ACTIONS FOR DUAL ENROLLMENT
     PROGRAM
                          raizt tort hem                                                                               Owner                Deadline
                          • Establish a working group composed of PRDE local universities (including UPR), the         • DDEC               • March 31. 2021
                            WDPO end DDEC
                          • Design dual enrollment pilot program that awards college credits and enables high-         • Working group      • July 31 2021
                            acineving sIudarls to obtain an associate degree alongside their high school diplomat
       To be
       completed          • Define criteria for subsidizing well-performing dual enrolled students' tuition coststo      DDEC               • September 15.2021
       in Pf202/            promote accessibility
                          • Share design and accessibility cntena with Oversight Board                                 • MEC                • September 15 2021
                          • Discuss pilot program design. including projected costs, and accessibility coterie with    • DDEC               • September 31 2021
                            Cneerstight Eioard
                          • Identify private partners to help subsidize dual enrollment courses that align With then     DDEC WDPO             Ongoing front
                            talon! needs                                                                                                       October 31. 2021
                              Update SPWD wilt pilot program design and roarfrnap to broaden duel enrollment           • DDEC                  November 15 2021
                              acces s
       To be
       cOlnriated         • Launch pilot program                                                                       • PROB.              • January 2022
       in PY202.2                                                                                                        universities
       and                • Update SPWD with pilot program results                                                     • DDEC               • July 31, 2922
       beyond
                          • Sort broadening dual enrollment initiative beyond pilot program                            • PRDE               • Ongoing from
                                                                                                                         universities         August 2022
                          • Update SPWD with dual enrollment program results                                           • DDEC               • Annually from July
                                                                                                                                              21. 2023


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    Meanwhile, access to vocational education, which can help workforce-bound students
    integrate into the labor force, is also limited. Puerto Rico's vocational education programs
    enable students to take occupational coursework as part of their high school course load and
    "specialize" in specific concentrations (e.g. information technology, mechanical studies)—a
    practice that researchers have linked to higher potential earnings.63 Such programs allow
    high-performing students to earn occupational certifications alongside their high school
    diploma, boosting their labor force marketability. However, they are currently available at only
    15 of PRDE's high schools and are not necessarily aligned to address the Island's most-
    pressing talent gaps.


     61
          The University of Puerto Rico-Mayaguez (UPR-Mayaguezis R2DEEP program, the leading dual enrollment initiative in
          Puerto Rico, has served high-achieving students with an interest in engineering for several years, but space is limited to just
          several dozen students and tuition can exceed $240 per credit. Several small universities, such as Columbia Central
          University, also enable students to complete college courses during the school year or summer breaks. In the aftermath of
          the 2019-20 earthquakes, PRDE also partnered with a handful of universities to offer online college courses to high schoolers
          from the most-affected areas. Although this initiative approximates a fully-fleshed dual enrollment initiative, the program was
          established as a temporary solution to education disruptions, focuses on students from affected areas, and does not offer
          high-achieving students associate degrees, See University of Puerto Rico-Mayaguez, "R2DEEP Requirements and Costs";
          El Vocero, "Oportunidad para adelantar estudios universitarios," 2018; and Alicea, "Education lanza curses en lines en
          conjurito con siete universidades," 2020.
     62 A study in California, for example, concluded that students who participated in dual enrollment classes were more likely than
         their peers to graduate from high school, enroll in four-year colleges, and succeed in college. California's efforts to expand
         access to dual enrollment programs (e.g. offering free textbooks) have widened participation (one in eight California high
         schoolers are dual enrolled) and boosted student achievement (90% of participants earned college credit). Once in college,
         the study concluded that previously dual enrolled students accumulated more college credits and were less likely to take
         remedial classes than their peers; see Hughes, et. al., 'Broadening the Benefits of Dual Enrollment," 2012, and EdSource,
          -
          High school students benefit from taking college courses, but access uneven in California,' 2020.
     63 One mainland study, for example, found that higher wages among vocational high school graduates were entirely associated
         with their completion of upper-level coursework and concluded that each additional year of exposure to that coursework had
         accounted for a 2% wage increase; see Kreisman, et. al., "Vocational and Career Tech Education in American High Schools:
         The Value of Depth Over Breadth,' 2016.


                                                                                   91




                                                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                    Desc:
                   Exhibit DRA Exhibit 235 Page 92 of 271


     To enable all high schoolers to take advantage of vocational education, the Government must
     accomplish the following action items by their respective deadlines:
     EXHIBIT 45: REQUIRED IMPLEMENTATION ACTIONS FOR VOCATIONAL EDUCATION
     PROGRAMS
                          .1.i:hen item                                                                                                         Deadi i ii
                          • Establish a working group caromed of PRDE DOLHR'. local technical colleges IPR.                   DDEC              • March 31. 2021
                            the wriPo. and DDEC
        lobe
        completed         • Assess performance ot PRDE-rnanaged vocational high schools and programs and                   • Working group • May 30. 2021
        in FY2021            share findings with Oversight Board

                              Discuss performance of current PRDE vocational programs with Oversight Board                 • DDEC PRDE                June 15. 2021

                          • Design strategy to (1) address current vocational program shortfalls 12) offer all PRDE        • Working group            November 30. 2021
                            high schoolers vocational education. end (3) re-align vocational curriculum to address
                            talent gaps identified through 11m -stage labor market analysis2

                          • Discues vocational education strategy with ()remota Board                                      • DDEC               • December 15. 2021
        To he
                              Identify private partners to help subsidize vocational education courses Mat align with      • TIDED. VVDPO • Ongoing from
        completed
                              their talent needs!                                                                                            January15. 2022
           in Fven
        am)
                              Update SPWD with vocational education strategy                                               • DDEC                   • January 31.2022
        beyond
                              Implement vocational education strategy                                                      • PRDE                   • August 2022
                                                                                                                              colleges

                          • Update SPWD with vocational education program results                                          • DDEC                   • Annually from July
                                                                                                                                                       31. 2923

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     Empower college students to obtain job skills and pursue research
    To facilitate the entry of college students into the workforce, the Government
    must broaden opportunities for students to develop "real world" skills actively
    sought by employers and conduct academic research. An increase in experiential
     learning opportunities—namely, co-ops and internships—would allow students to hone
     skillsets through part- or full-time employment before graduation. Meanwhile, increasing
     research opportunities for college students would broaden students' exposure to STEM
     industries and develop skillsets sought by the Island's STEM-centric employers.
     Co-ops and internships help student develop marketable skillsets and enable employers to find
     qualified talent, but only some of college students can benefit from such programs. Indeed,
     high-quality co-ops and internships have been linked to improved employment odds, higher
     job satisfaction, and greater promotion odds among participants, but opportunities are
     primarily geared toward the highest-performing engineering students 64,65
    The Government may be able to leverage WIDA and COBG-DR funds to help
    defray the costs of expanding access to co-ops and internships.66


     szt    D'Abate, "Developmental interactions for business students; Do they make a difference?' 2010.
     65 UPR's Cooperative Engineering Education Program (referred to as "COOP") has promoted co-ops for more than 40 years,
         but access to COOP is limited to UPR students and primarily geared toward engineering students (with some exceptions).
         Similarly, readily-available internships (as determined through a web search for "internships in Puerto Rico' in April 2020)
         are primarily offered by large multinational firms (e.g. biopharmaceutical companies and financial services firms) are
         relatively few in number, limiting opportunities to a small cohort of successful applicants. See University of Puerto Rico,
         "Celebran 40 aniversario del Programa Coop de I ngenieria," 2017, and University of Puerto Rico-Rio Piedras, "Experiencia
         de Education Cooperative (COOP)."
     66 Federal law requires that the Government use 20% of WIOA funds to support youth work experiences. Moreover, DDEC is
         permitted to submit funding proposals for co-op and internship programs that support key industries under the terms of the
         CDBG-DR Action Plan. Per the Action Plan, these industries include construction, tourism and hospitality, healthcare,
         technology, manufacturing, and "other unidentified workforce training needs to support Puerto Rico's long-term recovery
         goals," See the       US Department of Labor Employment and Training Administration's "WIOA Overview' at
         https)/www.dol.goviagencies/etaiwioatabout and Action Plan Amendment Three as certified by the Oversight Board, 2020.


                                                                                     92




                                                                                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                    Desc:
                   Exhibit DRA Exhibit 235 Page 93 of 271


    To empower more students and employers to benefit from co-ops and internships, the
    Government must accomplish the following action items by their respective deadlines:
     EXHIBIT 46: REQUIRED IMPLEMENTATION ACTIONS FOR CO-OP AND INTERNSHIP
     PROGRAMS
      Action item                                                                                                 Owner             Deadline
          Establish a working group comprised of DOUR. local universities iincluding UPR), IPR, the WOPD.         • DDEC            • June 30,2022
          and DDEC

      • Design expenential teaming guidelines for employers to promote high.quality co-ops and internships        • Working group   • August 15. 2022

      • Design outreach strategy to identify viable experiential learning employers from high-growth industries   • working group   • August 15. 2022
        identified through twe•stage labor market analysis

      • Define cniena for subsidizing co-op expenses for qualified employers or internship living expenses for    • DDEC            • September 30.2022
        high-achieving students

      •   Share guidelines, outreach strategy. and subsidy criteria with Oversight Board                          • DDEC            • September 30, 2022

      • Discuss guidelines. outreach strategy and subsidy criteria with Oversight Board                           • DDEC            • October 15. 2022

      •   Submit funding proposal requesting CDBG-DR funds under terms set forth in the CDBG-DR Action Plan       • DDEC                October 31, 2022

      • Update SPWD and WIOA Slate Plan with guidelines. outreach strategy. and subsidy criteria                  • DDEC            • October 31. 2022

      • Launch employer outreach campaign                                                                         • TBD             • Annually from
                                                                                                                                      November 1.2022

      • Identify apportundies to introduce co.-op opportunities for select college majors across universities     • Working group   •   March it. 2023

      • Discuss results of initial employer outreach campaign and co-op expansion initiative with Oversight       • DDEC            • March 30. 2023
        Board

      • implement new co-op requirements                                                                          • Universities    • August 2023

      • Update SPWD with experiential learning program results                                                    • DDEC            • Annually from
                                                                                                                                      October 15. 2023



     Meanwhile, research opportunities can help draw students into STEM fields and foster the
     development of skillsets sought by STEM-centric employers, but financial and administrative
     barriers prevent many college students from enjoying these opportunities. Academic research
     empowers STEM students to familiarize themselves with their field of study, helps facilitate
     students' entry, specialization, and success in STEM, and plays an important role in the
     development of industrial innovation centers (e.g. Silicon Valley).67 However, it can be
     difficult to partake in due to limited research funding (especially from the Commonwealth)
     and stringent administrative rules (e.g., requiring professors to teach the same number of
     courses when conducting research as when they are not).68
    To boost the number of students and employers that can benefit from research opportunities,
    the Government must accomplish the following action items by their respective deadlines:




     67 Madan and Teitge, The Benefits of Undergraduate Research: The Student's Perspective,• 2013.
     68 Speaking to the financial barrier, UPR's guide on identifying external funding sources does not include any grants sponsored
         by the Puerto Rican Government; see University of Puerto Rico, Are you a researcher? External funding sources,' 2020.



                                                                                  93




                                                                                                                                          DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                            Desc:
                   Exhibit DRA Exhibit 235 Page 94 of 271


     EXHIBIT 47: REQUIRED IMPLEMENTATION ACTIONS FOR COLLEGIATE-LEVEL
     ACADEMIC RESEARCH

      Action tern                                                                                                               OW1181                Deadline

      • Establish a working group comprised of local universities (iincluding UPR), local professors. and DDEC                 • ODEC                 • December 15, 2922

      • Develop a strategy to reduce administrative barriers to coils-grate academic research' and design a                     • Working group        • February 25. 2223
        STEM research fund=

      • Define criteria and determine adtudicators to review and award grants                                                   • Working group       • February 28.2023

      • Update strategy with input from leading mainland research universities and share with the Oversight                     • Working group       • April 15.2023
        Board

      • Discuss strategy and projected research fund costs with the Oversight Board                                             • ODEC                • April 30. 2923

         Identify public and social sector partners to help subsidize costs associated with research that aligns                • DDEC. WDPO           • May 31. 2923
         with their talent needs'

         Update SPWD with administrative strategy and research fund design                                                     • ODEC                  •   June 15 2023

      • Implement administrative changes in line with updated SPWD                                                             • Local                • July 31. 2523
                                                                                                                                 universities

      • Launch research fund                                                                                                   • ODEC                  • August 1.2071

      • Update SPWD with collegiate research program results                                                                   • DDEC                 • Annually from July
                                                                                                                                                        15.2024

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     Create training programs tailored to employer needs
     Offering mid-career workers robust opportunities to sharpen their skillsets or
     develop new ones altogether would better empower workers to meaningfully
     participate in the formal economy. To create such opportunities, the Government must
     expand high-quality apprenticeship offerings and introduce customizable workforce
     development programs that provide employers reliable access to workers trained to meet
     mitigate specific talent gaps.
    Apprenticeships empower workers to develop highly-specialized skillsets that benefit
    apprentices and employers alike, but opportunities are scare on the Island. Apprenticeships
    combine several years of paid on-the-job learning with classroom instruction, are registered
    with the US Department of Labor Apprenticeship Office (DOL-A0), and issue an industry-
    recognized Certificate of Completion upon satisfactory completion. While they have been
    linked to higher lifetime earnings and productivity among apprentices and reduced employee
    turnover and positive returns on investment for employers, they are offered by few employers
    due to limited Government promotional efforts, 69,70




     69 A study of apprenticeships in 10 mainland states found that apprentices earned more than $240,000 in total lifetime earnings
          on average than those who did not complete apprenticeships; see Reed, et. al., "An Effective Assessment and Cost-Benefit
          analysis of Registered Apprenticeship in 10 States," 2012. For additional findings on the positive benefits of apprentices for
          employers, see Lerman: et.al., 'The Benefits and Challenges of Registered Apprenticeship' The Sponsors' Perspective,'
          2009; Lerman. 'Apprenticeship in the United states: Patterns of Governance and Recent Developments," in Schlogl, ed.
          Situated Competence Development Through Innovative Apprenticeships, 2008. Regarding returns on investment, a study
          of more than 1,000 Canadian employers found that companies derived $1.47 in benefits for every dollar invested in
          apprenticeship training; see Canadian Apprenticeship Forum, "It pays to hire an apprentice: Calculating the return on training
          and investment for skilled trades employers in Canada," 2009.
     70 In 2018, DDEC and DOLHR launched an initiative to develop construction, tourism, aerospace, agriculture, and advanced
          manufacturing apprenticeships. Since then, the effort has only successfully engaged a handful employers (primarily
          aerospace firms) to create programs. Despite their importance, the initiative has not created any construction- or tourism-
          focused apprenticeships; see Action Plan Amendment Three as certified by the Oversight Board, 2020, and El Vccero,
          `Arranca Programa de Formation pare el Empleo del DDEC," 2018.




                                                                                        94




                                                                                                                                                              DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                       Desc:
                   Exhibit DRA Exhibit 235 Page 95 of 271


    The Government should seek to leverage WIOA and CDBG-DR funds to fund the
    development of more robust apprenticeship programs.71
    To enable additional residents and companies to benefit from apprenticeships, the
    Government must accomplish the following action items by their respective deadlines:
     EXHIBIT 48:                      REQUIRED               IMPLEMENTATION                             ACTIONS                FOR           APPRENTICESHIP
     PROGRAMS

                     Action dern                                                                                               J'Yen ET            Deadline
                     • Establish a working group comprised at DOLHR. Nut technical colleges. the WDPO.                        • DDEC               • March 31. 2021
                       and DDEC
      To be
      completed      • Assess performance of DDEC-managed apprenticeship programs and share findings                               Working group      May 31. 2021
      in FY2021        with Oversight Board

                     • Discuss apprenticeship performance with Oversight Board                                                • DDEC               • June 15.2021

                     • Design strategy 1°01 address current apprenticeship shortfalls. (21 address talent                     • Working            • October 31. 2021
                       gaps identified through two-stage Labor market analysis. (3) promote DOL-AO-                             Group
                       compliant apprenticeships to employers, and (4l enable local colleges to-create
                       programs that meet employer specifications'

                     • Determine basis and define criteria for subsidizing apprenticeship costs for qualified                 • OPEC               • November 30. 2021
                       employers

                           Share strategy and subsidy criteria with Oversight Board                                           • ODEC               • November 30, 2021
      To be
      completed
                          Discuss strategy and subsidy cntena with Oversight Board                                             • ODEC              • December 15. 2021
      in rno22
      and                 Su bmit funding proposal requesting COBG-DR kinds under terms set forth in the                      • ODEC               • January 30. 2022
       beyond
                           CDBG-DR Action Plan

                     • Update SPWD and WIOA State Ran with apprenticeship strategy and subsidy criteria                       • ODEC               • January 30, 2022

                     • Launch employer outreach campaign                                                                       •   TDB             • Annually from July
                                                                                                                                                     15. 2022

                     • Update SP1iliD with apprenticeship program results                                                      • DDEC              • Annually from
                                                                                                                                                     September 15, 2022

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       mrourm..11 IITAC        6tIVIMUCUEffrIti




     Meanwhile, many business-friendly states offer employers access to integrated workforce
     development programs that train employees to company specifications, but Puerto Rico lacks
     such a program. Customizable worker training programs offer on-the-job training through
     partnerships with local educational institutions to train workers to meet employers' specific
     needs at no cost. They are used to incentivize investments in many business-friendly states on
     the mainland, but do not exist in Puerto Rico currently.72
    The Government should seek to create these and may be able to leverage WIOA
    and CDBG-DR funds to defray the associated costs.73




     71 Federal WIOA guidelines explicitly allocate funding for apprenticeship programs. Moreover, DDEC is permitted to submit
         funding proposals for co-op and internship programs that support key industries under the terms of the CDBG-DR Action
         Plan. Per the Action Plan, these industries include construction, tourism and hospitality, healthcare, technology,
         manufacturing, and "other unidentified workforce training needs to support Puerto Rico's long-term recovery goals." See the
         US Department of Labor Employment and Training Administration's "WIOA Overview" at
         https://www.doLgoviagenciesfetaiwioafabout and Action Plan Amendment Three as certified by the Oversight Board, 2020.
     72 Site Selection and Area Development, the mainlands leading site selection magazines, both ranked Georgia the top state
         for doing business in 2019, thanks in part to its Quick Start program. To draw investments into their states, South Carolina,
         Louisiana, and Alabama have also implemented top-ranked no-cost customizable workforce development programs
         (ReadySC, LEO FastStart, and AIDT, respectively). Like Georgia, these three states also garnered top-10 business-friendly
         rankings from both Site Selection and Area Development in 2019,
     73 The Government could potentially leverage WIOA funds earmarked for adult and dislocated worker training programs if that
         program serves significant numbers of low-income, unemployed, or dislocated workers. Additionally, DDEC is permitted to
         submit funding proposals for workforce development programs that support key industries under the terms of the CDBG-DR
         Action Plan, See the US Department of Labor Employment and Training Administration's "WIOA Overview' at
         https://www,dol,goviagenciesietaiwioatabout and Action Plan Amendment Three as certified by the Oversight Board, 2020,


                                                                                         95




                                                                                                                                                           DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                     Desc:
                   Exhibit DRA Exhibit 235 Page 96 of 271


     To create a highly-competitive customizable worker training system, the Government must
     accomplish the following action items by their respective deadlines:
     EXHIBIT 49: REQUIRED IMPLEMENTATION ACTIONS FOR CUSTOMIZABLE WORKER
     TRAINING PROGRAMS
      Action tern                                                                                                                    Oar di                  Deadline
      • Establish a working group comprised of DOLI-IR. Wends. local lechnical colleges. 11311 the WDPO.                             • DDEC                  • August 31. 2021
        and DOEC
      • Design customizable pilot program that (1) helps qualified empioyerst IR) identify talent needs. (3)                         • Working group • March 31. 2022
        screen candidates, and (4) design tailored worker tiainings at no cost....
      • Discuss pilot program design and eligibility criteria with Oversight Board                                                   • DOEC,                 • April 30. 2022
                                                                                                                                        Vrvienda
      • Submit funding proposal requesting CDBG-OR funds under terms set forth in the CDBG-DR Action Plan • DOEC                                             • May 15.2022
      • Update SPWD and WIOA State Plan with pilot design. eligibility unless. and roadrnap Is expand beyond • DDEC                                          • May 15. 2022
        pilot
         Launch pilot program                                                                                                        • DDEC,                 • July 1 2022
                                                                                                                                        Vivienda
         Begin broadening customizable workforce development initiative beyond pilot program                                         • DDEC.                 • ongoing from July 1.
                                                                                                                                        Vivienda                2023
         Update SPWO with pilot program results                                                                                      • DDEC.                 • Augual 15. 2023
                                                                                                                                        Vrvienda
      • Update Investment promotion strategy to leverage customizable program and share with Oversight                               • IPR                   • September 30. 2023
        Board
      • Discuss updated investment prone:411cm strategy with Oversight Board                                                         • IPR                   • October 15, 2023
      • Update SPWD prrih customizable workforce development program results                                                         • DDEC                  • Annually from
                                                                                                                                                                August 15. 2024

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     Subsidize training programs to support lifelong learning
     Government subsidies to support the life-long education of residents will help
     employers meet evolving talent needs. For example, in Singapore, such a credit was
     implemented, offering every citizen 25 and older up to USD $1,loo to subsidize their technical
     reskilling or specialization.74 Such a program could help address the Island's talent gaps and
     ensure that residents can remain competitive as companies' human capital needs shift over
     time.
    The Government could potentially leverage WIOA and CDBG-DR funds to help
    defray expenses associated with a lifelong learning credit.75
    To support lifelong education, the Government must accomplish the following action items by
    their respective deadlines:




     74 Reskilling and specialization can be achieved through enrollment in structured career transition programs managed by local
         colleges and universities or through pre-approved technical education courses (including online courses); for more
         information, see SkillsFuture, "What is it?"
     75 To leverage WIOA funds, the program must provide job-seekers access to industry-recognized credentials for in-demand
         jobs_ Additionally, DDEC is permitted to submit funding proposals for programs that would provide unemployed or
         underemployed residents training in skill areas relevant to key industries under the terms of the CDBG-OR Action Plan. See
         the       US Department of Labor Employment and Training Administration's "WIOA Overview" at
         https://wwwdoLgoviagenciesietaiwioatabout and Action Plan Amendment Three as certified by the Oversight Board, 2020,


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     EXHIBIT 50: REQUIRED IMPLEMENTATION ACTIONS FOR LIFELONG LEARNING
     INITIATIVE
      Action item                                                                                                                                               Deadline
      • Establish a working group comprised of local universities (Including UPI4 the WDPO. and DDEC                                      °•vin
                                                                                                                                              D:EC              • September 30. 2022

      • Design plot program that enables adults to access technical education courses to address talent gaps                              • Working group • March 31, 2023
        identified through the two-stage labor market analysis'

      • Define criteria for identifying and subsidizing courses                                                                           • [(DEC               • April 15. 2023

      • Share design and subsidy criteria with Oversight Board                                                                            • DDEC                • April 15. 2023

      • Discuss design and subsidy criteria with Oversight Board                                                                          • DDEC                • April 30. 2023

      • Submit funding proposal requesting CDBG-DR funds under terms set forth in the CDBG-DR Action Plan • DDEC                                                • May 15. 2023

      • Identify private partners to help subsidize lifelong learning courses that align with their talent need&                          • DDEC, thDPO • Ongoing from May
                                                                                                                                                           31.2923

      • Update SPWD arnh plot program design and roadmap to expand beyond pilot program                                                   • ((DEC               • June 15. 2023

      • Launch plot program                                                                                                               • DIDEC.              • July 1, 2023
                                                                                                                                             universities

      • Begin broadening lifelong learning initiative beyond pilot program                                                                • DDEC,         • Ongoing from July 1.
                                                                                                                                            August15.
                                                                                                                                             universities    20242024

      • Update SPWD with pilot program results

      •    Update SPWD with lifelong learning program results                                                                                [(DEC              • Ongoing from
                                                                                                                                                                   August 16 2925




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     Chapter 9. K-12 education reform
     A high-quality education is the linchpin for social mobility for the residents of
     Puerto Rico—especially after years of devastating natural disasters and the
     COVID-ig crisis. Comprehensive K-12 education reforms will empower every Puerto Rican
    to develop the skillsets needed to achieve economic self-sufficiency and join the formal
    workforce. Together with Section /3.3, which outlines the necessary management
    improvements and operational efficiencies that the Department of Education (PRDE) must
    pursue, this chapter provides a transformation roadmap that will truly change K-12 student
    outcomes on the Island, and therefore enable greater workforce participation and
    productivity.
     Studies show that mainland workers that attain fluency in both English and Spanish earn
     $2,800 more per year than their monolingual peers, and that a one-quarter standard deviation
     in school quality across US states would produce an average 0.35% long-run growth rate
     uptick.76,77 In addition, Puerto Rican workers (ages 65 or below) with a high school diploma
     earn three times as much as residents who lack one.78 Indeed, improvements in education will
     bring prosperity and growth to individuals and the Island as a whole.
     Meanwhile, more than 290,000 children rely on PRDE to serve as their primary vehicle for
     social mobility. Three years have passed since the certification of the first Fiscal Plan for Puerto

     76 Rumbaut, 'English Plus: Exploring the Socioeconomic Benefits of Bilingualism in Southern California,' 2014,
     77 As measured by OECD PISA exam scores; see Hanushek, et. al., The Economic Benefit of Educational Reform in the
         European Union," 2012; National Bureau of Economic Research, "Economic Gains for US States from Educational Reform,'
         2015.
     78 Ruggles, et. al., IPUMS USA; Version 9.0 [Puerto Rico Community Survey], 2015; $17,348 vs $5,731




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     Rico, yet PRDE continues to delay the comprehensive reforms necessary to meet the
     developmental needs of all children and prepare every student for success in higher education
     or the workforce. PRDE has allowed school underperformance to persist, with just 45% of
     students proficient in Spanish, 39% in English, and 30% in mathematics in 2019, and with
     particularly sharp drops in English between third and fourth grade and in mathematics and
     Spanish proficiency between fifth and sixth grade.79 PRDE has left 33% of third graders at-
     risk of not graduating high school and delayed the introduction of evidence-based practices
     that are important to properly serve Special Education students (who comprise a greater share
     of the student population-32%— than in any other US jurisdiction] 80,81
    Although natural disasters and the COVID-19 pandemic have wrought substantial destruction,
    relief funds in response to these events offer PRDE an unprecedented opportunity to reshape
    Puerto Rico's public schools for the better. In the aftermath of the 2017 hurricanes, PRDE was
    awarded $589 million in Immediate Aid to Restart School Operations (RESTART) funds to
    offset expenses associated with reopening schools. As discussed in Section 13.3, PRDE will
    now receive over $349 million under the CARES Act as well 82 Finally, the Oversight Board
    allocated $124 million in additional Commonwealth funds to purchase tablets, software, and
    training services necessary to support distance learning for all PRDE students and teachers as
    part of the Emergency Measures Support Package in response to the COVID-19 emergency.




     79 English: 55.4% in third grade to 39.0% in fourth; Spanish: 613% in third to 48.6% in fourth; mathematics: 45.3% in fifth to
         11.5% in sixth; see Puerto Rico Department of Education, "Resultados META-PR 2018-2019," 2019.
     80 This calculation is based on recent PRDE performance data and accounts for the fact that students who do not read at grade
         level by third grade are four times likelier to not graduate high school; see Puerto Rico Department of Education, "Reporte
         de Desercion Escolar 2018-19: 2019 and Hernandez. -Double Jeopardy: How Third-Grade Reading Skills and Poverty
         Influence High School Graduation,' 2012.
     81 An average of 13% of students are characterized as special education students on the mainland; see Puerto Rico Department
        of Education, "Matricula Active,' 2020; US Department of Education, National Center for Education Statistics, 2017.
     82 Among other uses, CARES funds can support (1) purchasing educational technologies (e.g. hardware, software, and
        connectivity), (2) mental health services, and (3) and planning for long-term school closures (e.g. how to provide meals to
        eligible students).


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      Investing in student outcomes
      The Oversight Board believes deeply in the importance of a high-quality public-school system for
      the children of Puerto Rico. While improving the quality of schools and student outcomes will take
      real transformation on the part of the Department of Education, the Fiscal Plan includes funds to
      cover particular programs that will enable the Department to improve student outcomes. These
      investments are outlined below.
      ■ Distance learning (—$254 million): The Fiscal Plan includes emergency funding to enable
        the purchase of tablets, software, and training services necessary to support distance learning
        for all PRDE students and teachers as part of the Emergency Measures Support Package issued
        in response to the COVID-ig emergency. The Fiscal Plan expects PRDE to use these funds to
        provide online education offerings as quickly as possible

      ■ English Language Learning teacher development program (—$1.5 million):
          Beginning with the 2020-2021 school year, the Department of Education will partner with a
          national non-profit organization to identify, recruit, and train ELL teachers across Puerto Rico,
          at the recommendation of the Oversight Board. The Oversight Board suggested this partnership
          recognizing the important impact that bilingual education has on students, driving lower child
          and adult poverty while also expanding professional opportunities. In order to fund this project,
          PRDE and the non-profit organization will apply for a competitive federal grant. This grant will
          potentially cover the costs associated with the non-profit organization for the initial three years,
          after which the training program will be fully implemented and PRDE will have built the
          internal capacity and resources to scale the program over the long term. During the first three
          years alone, the program will train approximately 300 English teachers, with an expected
          impact on nearly 90,000 students.

      ■ Dedicated school psychologist program (—$50 million per year): The 2020 Fiscal
          Plan provides the budget to fund the hiring of one in-house psychologist per PRDE school to
          help the Department better meet the social-emotional and developmental needs of all students,
          beginning with the 2020-2021 school year. Specifically, the Oversight Board will allocate $52
          million to hire 856 school psychologists that will join the Department as full-time employees.
          Their objectives are two-fold: on the one hand, school psychologists will provide early
          interventions (e.g. behavioral screenings) to connect students with appropriate resources and
          ensure that children are not erroneously classified as Special Education students. Additionally,
          school psychologists will ensure that Special Education students receive adequate academic and
          behavioral support as required by their IEP—reducing the number of students who enter
          Remedio Provisional.

      ■ Innovation in education (—$7 million): To encourage schools to explore new ways of
        learning, the Fiscal Plan includes a potential $ioo,000 reward for 10 schools per region to
        implement an education innovation project during the second semester.

      ■ Incentives to improve school performance and reporting (—$2 million): Making real
        progress on reform in the Department of Education will start with being able to monitor,
        measure, and report data better. The Fiscal Plan thus includes $2 million in funds as an
        incentive (potential $1,500 one-time bonus) for school directors that perform well on
        scorecards based on data captured and approved methodology to measure outcomes.



     To afford all Puerto Ricans an equal opportunity to develop the knowledge and
     skillsets needed to contribute to the Puerto Rican economy, PRDE must begin
     implementing education reforms in FY2o2i. As described in its State Plan, PRDE aims
     to achieve 73% student proficiency in mathematics, 77% proficiency in English, and 80%
     proficiency in Spanish across all grade levels by the 2021-22 school year. These targets are
     extremely ambitious given current student performance—in mathematics alone, reaching this
     target would require doubling the average student proficiency in only a matter of years
     (currently 3o%). Nonetheless, the future of Puerto Rico relies on PRDE delivering this level of


                                                        99




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     improvement. To achieve these targets—and ensure that PRDE makes a concerted effort to
     offer the children of Puerto Rico the high-quality education that they deserve—comprehensive
     reforms must begin immediately, particularly in areas such as English Language Learning
     (ELL), K-5 literacy, and STEM instruction.
    To maximize the likelihood of success, education reforms should build on the improvement
    areas PRDE identified in 2017: increased student achievement (as measured by META-PR
    scores and graduation rates), stronger professional development for directors and teachers,
    and more efforts to support the developmental needs of the whole child.83 As such, the
    Government's overhaul must:
     ■ Define goals and design PRDE's 2022-27 strategic plan to guide reforms
     ■ Launch evidence-based curriculum reforms
     ■ Create a post-COVID-19 back-to-school plan and stand up distance learning capabilities
     ■ Improve professional development opportunities for directors and teachers
     ■ Make targeted investments to boost family engagement
     ■ Systematically collect, manage, and leverage data for better decision-making
    These reforms must collectively aim to strengthen system-wide accountability among
    educators and administrators; facilitate data-driven leadership at the central, regional, and
    school level; and increase PRDE's responsiveness to the needs of the whole child and the
    broader community on the Island. Moreover, the Oversight Board welcomes PRDE, its non-
    Government partners, and other Government agencies to design and propose further
    innovative reforms to strengthen PRDE schools.


     9.1 Identify goals and design a strategic plan to guide
           reforms
     Successful education reforms require a strategic and operational foundation to
     succeed. Before PRDE can transform the Island's schools, it should understand how student
     needs (e.g. curricular resources, developmental opportunities) vary across schools, and
     segment all schools into "achievement tiers." Then, for each achievement tier, PRDE must
     define improvement goals and strategies to realize them within a 2022-27 strategic plan.
     PRDE must also create a Chief Operating Officer (COO) function to lead the PRDE Central
     Office and oversee the day-to-day implementation of reforms. To complement these efforts,
     the Department must strengthen financial management capabilities within the existing CFO's
     office.

     9.1.1 Specific initiatives and design parameters
    The 2020 Fiscal Plan requires that PRDE execute the following actions to establish a
    foundation for education reforms:
     ■ Segment all schools by student outcomes (as illustrated in Exhibit 51)
     ■ Develop a 2022-2027 strategic plan to define KPIs, improvement targets, and
         milestones for each achievement tier to gauge the effectiveness of education reform efforts
         in real time, codify an operational model that clearly delineates central, regional, and local

     83 The fourth improvement area—right-sizing schools to optimize resources, improve responsiveness, and strengthen regional
         and local management—is addressed in Section 13.3.




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           administrators' responsibilities around the implementation of education reforms, and
           identify strategies for central, regional, and local administrators to implement
           differentiated interventions across all achievement tiers84


     EXHIBIT 51: PROPOSED OUTCOME-BASED PRDE SCHOOL SEGMENTATION

                                                 • All schools that qualify for School Improvement resources?
       Underperforming
       schools                                   • Schools that average less than 50% student proficiency across all four
                                                   META-PR exams

                                                 a Schools that average 50% to 75% student proficiency across all four
       Fair-performing                               META-PR exams
       schools


                                                 • Schools that average more than 75% student proficiency across all four
        Well-performing                            META-PR exams
        schools



      All elementary (K-5), middle (6-8), and high (9-12) should be segmented, with schools spanning
      two or more categories (e.g a K-8) segmented two or more ways


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     To establish the firm foundation required to implement education reforms, PRDE's Central
     Office must accomplish the following actions by their respective deadlines. Implementation of
     the PRDE efficiency measures stipulated in Section 13.3, which will promote the more effective
     management and use of Departmental resources, will further strengthen education reform
     efforts' likelihood of success.




     84 [CPIs measure a unit of performance (e.g. percentage of third-graders deemed proficient by META-PR exams), targets define
         an objective (e.g. 50% third-grade mathematics proficiency within three years), and milestones provide regular markers of
         performance (e.g. 30% third-grade proficiency in mathematics in year one).


                                                                                                 101




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     EXHIBIT 52: REQUIRED IMPLEMENTATION ACTIONS TO ESTABLISH ENABLERS FOR
     EDUCATION REFORM
                            Action Item                                                                                                                          Deadline
                            • Launch search for a COO                                                                                                            • July 1, 2020
                            • Segment all PRDE schools                                                                                                           • Start of 2020-21 school
                                                                                                                                                                   year
                            • Define KPIs. targets. and milestones for each achievement tier to evaluate the impact of                                           • September 30, 2020
                              education reforms and share them with the Oversight Board
                            • Discuss KPIs. targets, and milestones with the Oversight Board                                                                     • October 15. 2020
                            • Discuss progress made in the development of a preliminary 2022-27 strategic plan with                                              • November 30, 2020
                              the Oversight Board (check-in #1)
         To be              • identify a COO                                                                                                                     • December 15, 2020
         completed          • Discuss progress made in the development of a preliminary 2022-27 strategic plan with                                              • January 15, 2021
         in FY2D21            the Oversight Board (check-in #2)
                            • Share a preliminary 2022-27 strategic plan with (1) professional development, (2)                                                  • February 15, 2021
                              c umeular and distance learning, (3) family engagement. (4) data-driven, and (5) other
                              viable reforms for each achievement tier with the Oversight Board (cheek-in #3)
                            • Discuss preliminary strategic plan draft and projected costs with Oversight Board                                                  • February 28, 2021
                            • Finalize strategic plan and share with Oversight Board                                                                             • March 31.2021
                            • Discuss finafized strategic plan and projected costs with Oversight Board                                                          • April 15.2021
                            • Publish annual reform implementation progress report                                                                               • Annually from June 30.
                                                                                                                                                                   2022

         To be              - implement 2022-27 strategic plan                                                                                                   • July 1, 2021
         completed
         in FY2022          • Discuss annual implementation progress report with Oversight Board                                                                 • Annually from August
         and beyond                                                                                                                                                15. 2022

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     9.2 Launch evidence-based curriculum reforms
     PRDE must overhaul its curriculum and leverage supplemental learning
     opportunities, especially digital aids, to achieve significant increases in student
     proficiency. PRDE's curriculum is in need of end-to-end standardization around evidence-
     based best practices while also preserving the flexibility for educators to meet the diverse
     learning needs of all students and address requirements within Special Education students'
     IEPs. Finally, PRDE's curriculum must integrate digital aids that facilitate the high-quality
     education of Puerto Rico's children and guard against schooling disruptions.

     9.2.1 Specific initiatives and design parameters
    The Certified Fiscal Plan requires that PRDE execute the following actions to strengthen its
    curriculum:
     •     Assess the impact of current curricular spend on student performance to direct
           resources to evidence-based curriculum and instructional strategies across subjects and
           grade levels to benefit the greatest number of General and Special Education students
           while still providing all additional supports required by Special Education students' IEPs,
           design a new curriculum to address the areas of most-significant academic and
           developmental underperformance across the PRDE system, and determine when to
           purchase updated or specialized curricular materials (e.g. textbooks) to better support
           General and Special Education students.
     •     Implement innovative learning strategies to empower students through curricular
           innovations being used in peer systems such as project-based learning (PBL). These
           approaches aim to build foundational problem-solving skills (e.g. synthesis, analysis)
           through a "real world" application conducive to long-term information retention, and

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          empower all educators—through the use of formative assessments (e.g. reviews of student
          notes, weekly quizzes, student-teacher feedback sessions)—to boost student achievement,
          quality of work, information retention, and attendance 85,86
     ■ Bolster learning strategies with proven digital aids to equip educators with
          learning resources (e.g. lessons, assessments) and other curricular materials tailored to
          each student's developmental needs that boost student performance and enable schools—
          by virtually connecting students with qualified instructors—to improve the quality of
          student instruction and boost student performance.87,88

     9.2.2      Current state and path, orward
     PRDE's current curriculum does not adequately support the academic and developmental
     needs of all General and Special Education students, and many teachers lack the pedagogical
     strategies needed to maximize student performance with current curricular resources. The
     Department lacks a sense for how its curricular spend translates into student impact,
     preventing PRDE from reallocating resources to maximize performance. Likewise, PRDE has
     not yet implemented innovative teaching strategies—such as project-based learning—across
     all schools, further inhibiting student performance.
     Despite years of interrupted schooling, PRDE has inadequately planned for the virtual
     education of its students even though federal and Commonwealth funding has eliminated
     major barriers to digital education within and outside of PRDE schools. All schools have wired
     internet access and will have wireless internet by the end of 2021, but PRDE has not yet
     identified beneficial digital aids to enhance student performance inside schools.89 Launching
     a robust distance learning capability, as outlined below, will be a core enabler to curricular
     reform.
    While the Oversight Board encourages the Department to select interventions that align most-
    closely with its 2022-27 strategic plan, PRDE must accomplish the action items outlined in
    Exhibit 53 by their respective deadlines.




     85 Unlike traditional learning environments (which evaluate learning at a unit's end), PBL emphasizes ongoing learning and
         evidence-based argumentation. Studies spanning more than 40 years have linked PBL to stronger long-term information
         retention, skill development, and student and teacher satisfaction than traditional educational approaches; see Strobel, et.
         al., "When is PBL more effective? A meta-synthesis of meta-analyses comparing PBL to conventional classrooms," 2009.
     86 Formative assessments have been linked to gains in student achievement, with especially strong results among previously
         underperforming learners, as well as higher quality student work, better student attendance, and increased retention. See
         Bakula, The Benefits of Formative Assessments for Teaching and Learning," 2010, and Hanover Research, The Impact of
         Formative Assessment and Learning Intentions on Student Achievement," 2014.
     87 Miami-Dade County Public Schools (FL) piloted Voxy, an English-learning software with adaptive learning capabilities, to
         strengthen ESL instruction. Students with one semester of exposure to the program improved an average of 15% on the
         Language Proficiency Assessment, while their non-Voxy peers only averaged a 3.5% improvement.
     88 For example, in Uruguay, a nationwide initiative used laptops that had previously been distributed to elementary schoolers to
         improve ELL instruction, driving meaningful improvements in participants' reading and writing scores
     89 Wireless initiatives have been funded through a combination of Federal E-Rate and RESTART funds. The Federal
         Communications Commission's E-Rate program offers eligible schools and libraries discounted telecommunications
         products and services, including internet connections, on the basis of local poverty levels; see Federal Communications
         Commission, "E-Rate: Universal Service Program for Schools and Libraries," 2020.


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     EXHIBIT 53: REQUIRED IMPLEMENTATION ACTIONS TO STRENGTHEN CURRICULUM

                                                                                                                                   FY20/1 Midget
     Action item                                                                                            Deadline _             incentives

      •   PRDE to launch a school competition for education innovation and create an                          Oecembar 2020        •   6100.000 reward
          application process for school leaders that have ideals to positively impact student                                         for 10 schools per
          achievement through innovative programs or practices                                                                         region to implement
                                                                                                                                       the education
                                                                                                                                       Innovation project
                                                                                                                                       during ale second
                                                                                                                                       semester


      • Design curricular reform to complement distance Warning strategy and leverage (1) student             February 15 2021
        performance assessments (2) innovative Warning strategies and l3f proven digital aids and raj.
        other voila interventrone to strengthen PFtDE's curriculum at each achievement tiaras part of the
        preliminary strategic plan

      • Finalize updates to curricular reforms as pan of the updated strategic plan                         • March 15. 2021

      • Update curricular reform section within annual reform implementation progress capon                 • Annually from July
                                                                                                               31.2022




     9.3 Create a post-COVID-19 back-to-school plan and stand
           up distance learning capabilities
    While implementing evidence-based reforms is an important near-term goal, the most
    immediate priority for PRDE must be to develop a plan for students in the 2020-2021 school
    year in the context of the COVID-19 pandemic. This planning process must include a
    comprehensive distance learning strategy and a path to reopen schools when safe for teachers
    and students. It is critical for PRDE to begin this work immediately so that the strategy can be
    implemented in advance of the new school year in the fall of 2020, though such innovations
    will also support instruction in future years as well.

     9.3.1 Specific initiatives and design parameters
     In order to effectively deal with these challenges and respond in an urgent manner, PRIDE
     must create a task force that is solely focused on school re-opening and distance
     learning:
     Back-to-school planning must combine public health guidance, PRIDE management
     expertise, stakeholder input, and research on national and international back-to-school
     approaches in order to develop the right plan for Puerto Rico. Nearly every school system in
     the world is currently navigating this exact challenge—and Puerto Rico can learn from the
     successes and failures of others. In addition to creating the right plan, PRDE will also have to
     effectively implement it. The impact of the COVID-19 pandemic on top of the 2017 hurricanes
     and 2020 earthquakes, will require new safety measures on top of accelerated learning
     strategies, scheduling modifications, and greater support for students and educators. A
     thorough response could also include relatively straightforward elements like procuring
     additional cleaning supplies and better protective equipment for staff that still may take
     several months to coordinate.
     Most states and districts are considering three broad scenarios for returning to school in the
     2020-2021 school year:

     ■ Scenario 1: Schools use online remote learning platforms for the beginning of the school
       year while physical schools remain closed
     ■ Scenario 2: Schools re-open for in-person instruction while implementing social
       distancing protocols

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     ■ Scenario 3: Schools employ a hybrid model using modified schedules to meet social
       distancing protocols, while off-schedule time is coordinated remotely
     PRDE must be prepared to provide guidance to schools on how to choose among these
     scenarios as well as navigate among them in the case of new outbreaks of the virus. For this
     last reason, PRDE needs a learning strategy that flexes across delivery channels with limited
     to no disruption.
     Some of the topics to be addressed in this scenario planning effort are identified in Exhibit 54.
     EXHIBIT 54: CONSIDERATIONS FOR BACK TO SCHOOL PLANNING
      Important considerations for hack to school planning (questions not meant to be exhaustive.'

                                              • How can we improve upon remote learning from the spring experience?
                                              • How can we diagnose and accelerate student learning in the fall?
       Accelerating    Academic planning
                                              • How can we best support educators through different models of
       learning &                               educational delivery?
       supporting
       student                                • How can we support the social-emationat and mental health of students
                       Social-emotional and
       wellness                                 and educators?
                       mental health
                                              • How can we provide a safe learning environment for students and
                       supports
                                                educators, whether remote or in-person?

                                              • How do make sure we have enough of the right devices for students and
                                                educators that support effective leaching and learning?
                       Technology
                                              • How do we protect data privacy and ensure cybersecurity with heavier
                       considerations
       Engaging                                 technology use?
       students &                             • How do we expand/augment network access for schools and students?
       families                               • What information do families need to know and where/how should we
                       Family engagement 8.     solicit their input?
                       communication          • How can we effectively communicate with families about reopen updates
                                                policies and ways to support student learning?

                                              • How can schools repurpose the existing physical space to adhere to the
                                                appropriate social distancing protocols?
                       Physical space
       Enabling safe
       & equitable
       learning                               • How can states advise LEAs as they manage limited resources while
                                                facing increasing expenses to provide education under new or multiple
                       Resource allocation
                                                delivery models, and what sources of funding might be available to
                                                provide incremental support to schools and distracts?


     Distance learning strategies are no longer an optional component of a school
     system's education model. Given the amount of out-of-school time in Puerto Rico over the
     past several years, the Department must make meaningful progress in developing distance
     learning strategies. Going forward, it should be anticipated that distance learning may need to
     be accessed on a moment's notice and could even be the default delivery model for the fall of
     2020. PRDE's distance learning plan should include strategies to support instructional
     delivery (e.g., adaptive curriculum), vulnerable populations, professional development
     mechanisms for teachers, technology deployment (and supporting technology platforms—e.g.,
     a learning management system), etc. PRDE has begun t❑ procure thousands of devices for
     students and teachers to address technology gaps, but the deployment of these devices alone
     does not constitute a learning strategy. Rather, careful planning will be required to effectively
     distribute the devices and use them effectively to support student learning. As with back-to-
     school planning, PRDE should seek to leverage strategies that have proven successful in other
     places, focusing on identifying and delivering high-quality instruction with appropriate
     professional supports for teachers.
     Funding for a task force to take on these initiatives should come from the various funding
     sources mentioned above. For example, these kinds of planning efforts are an allowable
     expense under federal funding from the CARES Act. Exhibit 55 describes some of the key



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     implementation actions that are critical to effective back-to-school planning and the
     development of effective distance learning strategies.
     EXHIBIT 55: BACK-TO-SCHOOL AND DISTANCE LEARNING IMPLEMENTATION
     ACTIONS
      Required implementation action                                                                          Deadline
      • Develop plans and protocols to deliver remote instruction, and support parents and teachers           June 2020
        through remainder of 2019-20 school year
      • Assess which portions of the curriculum will be areas of focus during remote learning period
        balancing accessibility and equity
      • Rapidly provide Professional Development and platform for digital community/connection as
        educators seek to exchange ideas and best practices for remote instruction
      • Assess summer scenarios by exploring options to provide ongoing learning opportunities and/or
        programming for students during summer months
      • Reflect on what worked this spring, challenges, and emerging best practices to develop a plan         August 2020
        to strength instructional delivery (regardless of setting)
      • Provide new professional development for educators that reflects the now-different demands of
        their jobs, and the likely need for flexible instructional tactics going forward
      • Engage in scenario planning for fall instruction (various delivery channels, adjusted curriculum),
        and plan for altered curriculum and schedules for fail
      • Develop plan to assess impact of COVID-related school closures on student learning and
        progress
      • Assess impact of remote learning and remediate lost learning time by doubling down on                 December 2020
        English, Spanish, Science and math
      • Offer additional mental health services and social-emotional supports for students, who will
        have had a wide variety of at-home experiences over the last 6 months
      • Create specific plans, pathways, and supports for students in key transition grades to ensure
        that they have the supports necessary to be successful without having completed the prior
        grade in-person
      • Provide educators with ongoing support and professional practice opportunities to improve
        regardless of delivery channel


      • Identify gaps in IT systems and infrastructure to enable seamless online learning and teaching        June 2020
        experience
      • Define criteria for selection of technology vendors, including long-term viability, scalability of
        platform, and data security among others

      • Distribute devices and support students' and educators' hardware and connectivity needs as            July/August
        they transition to remote learning                                                                    2020
      • Coordinate with Academics team and educators to reflect on best practices in remote learning
        environments, and streamline technology to support better integration of education delivery and
        instructional strategies
      • Evaluate effectiveness of technology tools and platforms, and improve processes underpinning
        remote operations (e.g , systems to connect administration and learning, devices and training)
      • Develop more comprehensive asset management strategy, including asset inventory reviews,
        to support remote learning



      • Assess security, bandwidth and resiliency of current IT infrastructure and invest to shore up         December 2020
        gaps identified
      • Review and alter cybersecurity processes and protocols to reflect changes in technology
        infrastructure and use
      • Invest in online learning infrastructure to ensure resiliency of remote learning environment
      • Identify opportunities improve efficiency and security of technology portfolio, infrastructure, and
        operating model


     PRDE will need to invest significantly in its back-to-school planning and distance learning
     strategies, though it must also continue to address the structural challenges within the system
     that are aligned to the Fiscal Plan categories. While savings measures have been deferred for


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     one year, PRDE must continue its organizational transformation and efforts to operate a more
     effective and efficient system.


     9.4 Improve professional development opportunities for
           directors and teachers
     PRDE must strengthen longer-term professional development for teachers and
     directors to improve classroom instruction and school management. Effective
     teachers are better equipped to develop strong lesson plans, understand their curricula, and
     support their students.90 Similarly, school directors are better equipped to improve school
     operations, implement reforms, and oversee the development of teachers when they receive
     robust training on how to do so.

     9.4.1 Specific initiatives and design parameters
    The Certified Fiscal Plan requires that PRDE adhere to a set of parameters when implementing
    this reform. Specifically, PRDE must:
     ■ Define operational and results-based criteria that will provide the Central Office
          additional input in identifying the top-performing directors and teachers across PRDE,
          enabling PRDE to broaden mentorship opportunities that introduce underperforming
          educators to best practices (e.g., by reducing top-performers' workloads to leverage them
          as formal mentors trained via the University of Puerto Rico-PRDE partnership; hiring job-
          embedded coaches to serve as full-time mentors), and offering evaluators across PRDE
          schools (e.g. superintendents, gerentes escolares, facilitators) a clear structure against
          which to offer directors and teachers performance-based feedback.
     ■ Formalize learning walks and communities of practice across PRDE schools
          to expose teachers and directors to instructional, administrative, and social-
          developmental best practices (e.g., by requiring every teacher to participate in a learning
          walk that addresses an area of underperformance among their students, piloting the use
          of job-embedded professional development coaches), and strengthen ELL, K-5 literacy,
          and STEM instruction (especially K-5 mathematics) through robust mentorship (e.g. all
          low-performing teachers could be assigned a high-performing mentor to help them
          develop their strengths and address weaknesses).91,92
     ■ Fully leverage the K-12 teacher training partnership between the University
       of Puerto Rico (UPR) and PRDE—made possible by a $10 million annual
          Commonwealth payment to the university—to subsidize teacher certification and training
          in core subjects (e.g. English, mathematics, science) and practices (e.g., classroom
          management, how to design effective assessments) to improve instructional quality, and
          expand the availability of teacher preparation classes that address specific areas of
          Departmental underperformance (e.g., coursework on how to identify, support, and find
          additional assistance for students with academic or behavioral challenges).


     9° Investigators found that a one standard deviation increase in teacher quality in a single grade raises annual earnings by 1%
          on average. Moreover, researchers linked the replacement of a low (bottom 5%)value-added teacher with an average value-
          added teacher to a $267,000 increase in students' average lifetime incomes per classroom taught; see Chetty, at al, The
          Long-Term Impacts of Teachers: Teacher Value-Added and Student Outcomes in Adulthood," 2011
     91 Learning walks enable teachers to visit other instructors to observe their peers' in action and glean best practices. Similarly,
         communities of practice offer teachers and administrators a forum to meet their counterparts to discuss best practices and
         solve classroom challenge.
     92 In California, Long Beach Unified School District has used formal CoPs to improve English language learning (ELL) test
          scores—a top priority for PRDE—by 9% since 2015.



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     ■ Capitalize on partnerships with education NGOs to establish a high-quality
          fellowship program to train motivated and high-quality professionals on the Island to
          transition into careers in education and develop long-term home-grown solutions to
          instructional or administrative challenges (e.g., how to develop teacher evaluations that
          measure value-add behaviors).93
     ■ Introduce universal student screenings conducted by PRDE school
       psychologists" alongside a Multi-Tiered System of Support (MTSS)95
       framework to ensure that every student's developmental needs are routinely identified
       and met to prevent children from being erroneously categorized as Special Education
       students, understand the academic, behavioral, and social-emotional needs of the whole
       child to pair every student with appropriate interventions (e.g., small group lessons for
       certain Special Education students), ensure that every Special Education student receives
       services required by their Individualized Education Plans (IEPs) in the least restrictive
       setting possible (e.g., reading comprehension support in a General Education classroom),
       and reduce the use of costly professional services firms to execute IEP analyses and other
       support services required by Special Education students (e.g., by leveraging in-house
       developmental staff).

     9.4.2 Current state and path, oruyard
     Despite its importance, PRDE currently lacks a standardized approach to teacher and director
     professional development. PRDE has proposed strengthening its STEM offerings, boosting
     literacy proficiency and bilingualism, and teaching more "real world" or actionable skills. To
     further these goals, the Oversight Board has allocated funding to several initiatives that would
     strengthen professional development opportunities and student instruction across the
     Department.
     Over the last several years, the Oversight Board has allocated funding to several initiatives
     intended to improve student instruction and outcomes by supporting more robust
     professional development within PRDE. Among these are (i) the UPR-PRDE teacher training
     partnership, (ii) a soon-to-launch initiative between PRDE and a leading non-profit
     organization to train ELL instructors across the Island, and (iii) a major effort to hire a
     dedicated psychologist for each PRDE school.
     UPR teacher training partnership
    The UPR-PRDE partnership is intended to offer PRDE educators robust training
    opportunities to help them develop capabilities and skillsets actively sought by the
    Department. The initiative is made possible through a $10 million annual appropriation from
    the Commonwealth to UPR.




     93 Some partnerships are already yielding benefits; an ongoing PRDE-Puerto Rico Education Foundation (PREF) initiative has
         provided administrators guidance on how to manage a regional education system. As part of this effort, PREF identified of
         barriers to improved student outcomes in Bayamon ORE and proposed several solutions.
     94 To identify students with academic or behavioral learning challenges, screenings should be brief, sensitive to change over
         time, and grounded in research.
     95 The MTSS framework is a three-tiered approach to identify and meet the needs of General and Special Education students
         in the least-restrictive setting possible (as required by law). It stresses the use of a pedagogical approach that evaluates the
         academic, behavioral, and social-emotional needs of the 'Whole child" to place students into the appropriate tier. The first
         tier (80-85% of students) includes all General Education and many Special Education students and uses universal
         screenings to identify learning or behavioral challenges. The second tier (10-15% of students) includes Special Education
         students with additional academic or behavioral goals that respond to support in a targeted small group setting. The tertiary
         prevention tier (3-5% of students) offers students that do not respond to second tier interventions individualized support and
         assistance.


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    The Oversight Board encourages PRDE to select interventions that align most-closely with its
    2022-27 strategic plan, but stresses that the Department must complete the following action
    items by their respective deadlines:
     EXHIBIT 56: REQUIRED IMPLEMENTATION ACTIONS                                                                         TO      STRENGTHEN
     PROFESSIONAL DEVELOPMENT
                  Action item                                                                                                    Deadline

                  • Work with the non-profit organizations to apply for discretionary Federal grant to defray expenses           • June 200
      To be         associated with training ELL rnsiructors
      completed
      before
      FY2021


                     Launch NGD partnership to hire and train high-quality ELL instructors                                       • September 2020

                     Design professional development reform that leverages (11 effectiveness criteria. cot learning walks and    • February 15. 2021
                     communities of progress. (3) the PRDE-LIFFt partnership. (4) partnerships with non-prod organizations.
                                                            MISS
                     (5) internal developmental staff and the      framework. and (6) other viable interventions ho strengthen
                     school management and student instruction as part of the preliminary strategic plan
      To be
      completed      Finalize updates to professional development reforms as pan of the updated strategic plan)                  • March 15. 2021
      M FY2021
                  • Train all supenntendents gerenres eavolares, facilitators. direclors school psychologists, and other         • June 30 2021
                     developmental support staff in how to leverage the MISS framework to better support the needs of all
                     students

                     Finalize professional development section of annual reform implementation progress report                   • Annually from line
                                                                                                                                   30.2021




     9.5 Make targeted investments to boost family engagement
     Given the relationship between family engagement and student achievement,
     PRDE must broaden its efforts to promote robust family engagement in their
     students' academic lives.96 Parental involvement is one of five key factors that, when
     present, make schools ten times likelier to drive meaningful improvements in student
     performance.97 Comprehensive family engagement, meanwhile, can magnify the benefits of
     parental involvement and has been linked to higher levels of academic performance, stronger
     student motivation, fewer behavioral problems, and easier social-emotional adjustment.96 As
     such, PRDE should leverage non-digital and digital tools, as well proven family engagement
     strategies, to facilitate robust and impactful family engagement.

     9.5.1 Specific initiatives and design parameters
     The Certified Fiscal Plan requires that PRDE adhere to a set of parameters. Specifically, PRDE
     must:
     ■ Utilize non-digital and digital engagement tools to empower families to obtain a
          robust picture of their child's academic trajectory (e.g. through individualized emails, use
          of a student information system containing student grades and attendance data) and
          identify opportunities to volunteer in their student's school (e.g. through a weekly


     96 A family engagement partnership between District of Columbia Public Schools and local parents, for example, yielded
         improved student literacy scores and boosted student attendance by 24%.
     97 The other four factors are the (1) use of an instructional guidance system to articulate the "what' and "how" of teaching, (2)
         professional capacity to improve instruction. (3y the presence of a student-centered learning climate. and (4y strong
         leadership from principals; see Bryk, et. al., Organizing Schools for Improvement: Lessons from Chicago, 2010.
     96 Examples of comprehensive family engagement include setting clear academic expectations and helping children develop
         strong reading habits; see Castro, et. al., Parental Involvement on Student Academic Achievement: A Meta-Analysis." 2015;
         Niehaus, et. al., "School Support, Parental Involvement, and Academic and Social-Emotional Outcomes for English
         Language Learners," 2014.



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         newsletter), and enable parents of Special Education students to more effectively advocate
         for and support the needs of their child (e.g. guide to Special Education services).
     ■ Leverage proven family engagement strategies to better equip parents and
       teachers, using strengths-based approaches and relationship-based practices, to
       collaborate as equal partners in a child's development and improve student outcomes,
       especially for Special Education students, and improve student achievement, through two-
       generation partnerships, by directly intertwining the education of children with parents to
       improve outcomes for both (e.g. offer parents job training alongside high-quality
       afterschool for their children).99,1°0
     ■ Regularly survey the families of PRDE students to empower directors and teachers
       to understand how effectively instructors support students' academic development, and
       identify opportunities to better meet the needs of the whole child (e.g. improve safety,
       provide additional behavioral support).

     9.5.2 Current state and path forward
     PRDE has taken initial steps to boost family engagement, but the Department must
     standardize the use of tools and strategies to maximize the impact of its family engagement
     efforts. In 2018, PRDE created an office of family engagement. While this office is a step in the
     right direction, the broader Department has yet to institutionalize the use of non-digital and
     digital tools to give parents a more robust sense of their child's performance. Moreover, the
     Department has not yet trained administrators or teachers in the use of proven family
     engagement strategies to foster more effective family engagement.101
     While the Oversight Board encourages the Department to pursue interventions that align
     most-closely with its 2022-27 strategic plan, PRDE must accomplish the action items outlined
     in Exhibit 57 by their respective deadlines.
     EXHIBIT 57: REQUIRED IMPLEMENTATION ACTIONS TO                                                                       BOOST FAMILY
     ENGAGEMENT
                  Act/on item                                                                                                  Deadline
                  • Design family engagement stsalegythai leverages it) non-digital and digital tools, (2) praven engagement   • February IS. 2021
                    strategies. {3) fielding family surveys and (4) other viable interventions to boost Family engagement at
                    each achievement tier as par! of the preliminary strategic plan
      To be
      completed
                  • Finalize updates to family engagement an pert of the updated strategic plan                                • March 15 2021
      M 11/2021

                  • Update family engagement reform section aiswi annual reform implementation progreee report                 • Annually kern July
                                                                                                                                  15. 2022

                  • Distribute Family survey                                                                                   • Every six months
       To Ile                                                                                                                    from October IS
      completed                                                                                                                  2021
      in FY2022
      and
      beyond




     99 Under a strengths-based approach, educators engage with parents as partners in a child's education, leverage parents to
         broaden their understanding of a student's needs, and work with families to identify opportunities to reinforce in-class lessons
         outside of school, Relationship-based practices promote reflection on families' personal backgrounds to shape interactions
         and use parents' emotions around their child's education to establish common ground between educators and households.
     100 For example, a 2-Gen partnership in SL Clair. AL successfully graduated 100% of adult participants from a pharmacy
         technician program at a local college while improving student attendance at an educational after-school program.
     101 Notice!,"Na te nueva oficina en el Deparlamento de Education," 2018.




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     9.6 Systematically collect, manage, and leverage data
     Regular data collection, management, and analysis will empower PRDE to make
     informed decisions to improve student outcomes and assess the effectiveness of
     its reform efforts. Evidence from mainland states suggests that data collection and analysis
     will enable PRDE to better direct resources toward impactful evidence-based curricular
     resources and instructional strategies, make targeted and timely interventions to support
     vulnerable student populations, and assess the impact of education reforms.102 In turn, access
     to these datasets and analyses will empower educators, families, and third-parties to further
     improve student outcomes.

     9.6.1      Specific initiatives and design parameters
    The Certified Fiscal Plan requires that PRDE adhere to a set of parameters to strengthen family
    engagement:
     ■ Identify which data are crucial to the optimization of funding, the
       identification of intervention opportunities, and the evaluation of reform
       effectiveness to conduct a diagnostic of readily-trackable data within PRDE, understand
          which systems to connect, consolidate, or eliminate, and engage internal and external
          resources as needed to develop currently unavailable data-tracking capabilities.
     ■ Implement a Data Management System (DMS) that allows superintendents,
       gerentes eseolares, and facilitators to quickly access relevant regional,
       school, and student data to evaluate student achievement (e.g. META-PR scores, grade
          point averages) and performance trends (e.g. attendance, truancy, and drop-outs;
          disciplinary referrals) in real-time, digitize Special Education students' IEP
          documentation to facilitate compliance with IEP requirements103 and enable PRDE to
          effectively staff and budget Special Education and Remedio Provisonal programming,
          more quickly allocate resources (e.g. regional support teams) to support underperforming,
          vulnerable, or Special Education student populations more efficiently, quickly, and
          effectively, and gauge the impact of education reforms on student performance and teacher
          satisfaction.
     ■ Enable directors and other school administrators to access the DMS to support
          the implementation of the evidence-based progress-monitoring required for the
          operationalization of the MTSS framework to support all General and Special Education
          students in the least restrictive manner possible, evaluate the performance of teachers and
          students relative to key metrics or Departmental policies (e.g. revised time and attendance
          guidelines), tailor teacher professional development opportunities to address the most-
          pressing areas of student underperformance, and optimize the allocation of school
          resources.
     ■ Publish anonymized data within the DMS on a regular basis to facilitate the
          creation of school-specific performance scorecards to include student and teacher
          attendance, META-PR results, and graduation rates, among other data points, empower
          educators to reshape their instructional plans (e.g. content, lesson plans, pacing) in
          response to student data (e.g. META-PR scores), allow parents to quickly understand their
          child's educational trajectory and make home-based interventions when appropriate, and



     1°2 For example, in Texas, the state education agency uses the Student Data System (TSDS) to collect, manage, and produce
         individual student dashboards for educators to evaluate important information, such as college readiness trends. Similarly,
         in Kentucky, the Center for Education and Workforce Statistics collects statewide government data to support informed K-
         12 policymaking at the state, district, and school levels.
     103 More robust initial compliance with IEP requirements could reduce costly expenses currently incurred through the use of
         Remedio Provisional as a result of untimely or inadequate support for Special Education students


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        allow third parties, such as education non-profits and academic researchers, to better
        understand and support the educational needs of Puerto Rican students.

     9.6.2 Current state and pathforward
    PRDE has made very little progress in collecting or managing data to inform decision-making.
    To-date, the Department has focused on developing a stronger time and attendance system to
    track student and teacher attendance. Beyond this initiative, PRDE has yet to train and require
    all directors and teachers on how to make data-driven decisions. Moreover, the absence of a
    robust DMS populated by accurate and timely relevant data further inhibits data-driven
    decision-making—especially at the regional and central offices where robust data would
    support holistic decision-making across PRDE schools.
    Although the Oversight Board encourages PRDE to introduce interventions that align most-
    closely with its 2022-27 strategic plan, the Department must accomplish the action items
    outlined in Exhibit 58 by their respective deadlines.


     EXHIBIT 58: REQUIRED IMPLEMENTATION ACTIONS TO FACILITATE DATA-DRIVEN
     DECISION-MAKING
                 Action item _                                                                                               Deadline
                 • PRDE Central Office: Assemble data reform working group comprised of PRDE technical personnel and         • July 1. 2020
                   educators (e g. directors. teachers. etc
                 • Develop a template and methodology to establish school-level scorecards and provide the Oversight
                   Board with a plan for implementing them across all schools At a minimum, the template must include        - July 31. 2020
                   basic school information. teacher attendance rates (as measured by kronos). student attendance rates
                   (as measures by SIE). META-PR test results. and graduation rates. The methodology to measure
                   outcomes can be based on changes on performance of test scores for both general and Special
                   Education students, changes in attendance rates. and changes in graduation rates. among others. In
                   addition. scorecards must include surreys as a lool to promote family and community engagement

                   Working group Define kPis and ideal technical future state for DMS (e.g. desired data outputs to appear   • August 1 2020
                   on student-. school-. and system-wide performance dashboards: IEP digitization. centralization. and
                   management capabilities. creating arronymized datasets to share externally)


                 • Discuss KPiS and DM5 future state with Oversight Board                                                      August 15 2020 -
     To be       • PRDE Central Office Launch and implement time and attendance policy and tracking system (Kronos).           Start of 2020-21
     completed     across the entire system. including all PRDE schools and administrative offices                             school year
     in FY2021
                   Working group Conduct a review of PROEs systems architecture to determine if the existing technical          September 15. 2020
                   ecosystem can support the future state DMS
                 • Working group: Present systems architecture findings to the Oversight Board                                  September 30. 2020
                 • Working group Design implementation roadmap and milestones to develop a viable DMS system that               October 31. 2020
                   features a pilot program (with a scaled-down version of the future DM5 tested in a small number of
                   sc hoots) at the oil eel
                 • Present implementation noadmap to the Oversight Board                                                     • November 15. 2020
                 • Publish detail performance scorecard for every PRDE school                                                • Annually from
                                                                                                                               December 15, 2020
                 • PRDE technical staff Launch DMS pilot program, commence data collection. and begin assessing                March 31,2021
                   performance
                 • PRDE technical staff Create performance report for DINS pilot program                                     • June 30,2021
                 • PROE Central Office: Update data reform section within annual reform implementation progress report       • Annually from June
                                                                                                                               30 2021




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                  Action hem                                                                   Deadline              FY2021 budget incentives

                  • PRDE technical staff Discuss performance report with Oversight Board       • July 15, 2021

                  • Update scorecards to reflect the most recent information for school year   ▪ September 2021      •   S1.500 one-rime bonus far
                    2020.2021 and prowde reporltrig to the Oversight Board en agreed upon                                school directors that
                    formai                                                                                               perform well on scorecards
                                                                                                                         based on data captured
                                                                                                                         and approved methodology
                                                                                                                         to measure outcomes
      To be
      completed
      in PY2022     PRDE technical staff Scale pilot program across PRDE schools               • July to December
      and                                                                                         2021
      beyond      • PROE Central Office Train all educators (e g directors. teacherst on how to • July to December
                    use the DMS                                                                    2021
                  • PRDE technical staff. Launch full   ems at all PRDE schools                • January 2022
                  • PRDE Central Office Begirt sharing anonytutzed DMS data with the • Ongoing from
                    National Canter for Education Statistics                            January           2022
                  • PRDE schools Offer educators refresher courses and parents introductory • Ongoing from
                    sees one on hew to use the DMS                                             January 2022




     Chapter 10. Ease of doing business reform

     10,1 Current state of business regulation, investment
           promotion, and tourism attraction
     In 2020, Doing Business—an independent assessment of the ease of doing business in 190
     economies—rated Puerto Rico the 651 h most business-friendly economy. The Island's ranking
     trails the mainland's (ranked 6th in 2020) and has worsened since 2006, when Puerto Rico
     was ranked 18th. Bringing the Island's business environment in line with Mexico—the top-
     ranked Latin American and Caribbean economy (4909—will give Puerto Rico the edge that it
     needs to play in an increasingly competitive environment.104 The Island competes regionally
     for investments like tourism; internationally for pharmaceutical, knowledge services,
     hospitality and tourism investments; and, overall, with mainland states. The Island must
     improve its business-friendliness and consider ease of doing business reforms to support
     economic growth.
     Instituting comprehensive reforms is particularly important in light of the COVID-19
     pandemic. As economic activity slows, companies look to shift supply chains back to the US,
     and other economies implement rapid reforms to capture growth, instituting ease of doing
     business reforms is critical. In the aftermath of the pandemic, many firms—especially small
     businesses—will continue to face significant headwinds (e.g. falling demand for their goods
     and services), underscoring the need to generate economic activity and attract new
     investments across the Island. And, while delaying reforms will undermine Puerto Rico's
     ability to recover from the pandemic, failure to institute them at all will enable mainland states
     and rapidly-reforming countries to out-compete Puerto Rico for key investments, such as
     pharmaceutical manufacturing facilities. For example, Costa Rica, a major competitor for
     knowledge services investments, improved from 12151 in the 2010 Doing Business survey to
     74 in the 2020 iteration, and has become a top player in the field.

     104 Ease of doing business reforms were first proposed in April 2018, when Mexico topped the Doing Business index for Latin
         American and Caribbean economies as the 49th most business friendly economy in the world (as of 2020, Chile is the top-
         ranked Latin American and Caribbean economy at 59th). As such, macroeconomic forecasts within this document—which
         link an improvement in the Island's Doing Business ranking to economic growth—are dependent on Puerto Rico being
         ranked 49th or better—rather than on achieving ranking parity with Mexico or Chile. The Republic of Georgia's output per
         capita increased by 66% and business density tripled between 2006 and 2014–the same period in which Georgia improved
         its ranking from 98 to eight.




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     Puerto Rico's relatively low-ranked business-friendliness is attributable to deficiencies in
     Government regulations or processes (see Exhibit 59), including:
     ■ Getting electricity: The Island's energy supply is costly and unreliablel (15
     ■ Dealing with construction permits: Firms spend significant time (165 days), effort
       (22 procedures), and money (6.7% of project's future value) to obtain permits, on
       average106
     ■ Registering property: Companies must invest significant amounts of time (190 days)
       and effort (eight procedures), on average, to register property107
     ■ Paying taxes: Firms spend significant time (218 hours) completing filings (16 payments),
       on average, and are much likelier to be audited than on the mainland108
     ■ Occupational licensing laws: Excessive regulations have restricted labor force
       participation and constrained economic activity
     ■ Freight regulations: Inefficient regulations have inflated transportation costs for
       businesses across the Island
     ■ Offshore investment attraction: Inadequate Government oversight and resourcing
       have inhibited efforts to attract investments
     ■ Tourism attraction: Insufficient Government funding and a narrow mandate
       undermine the Destination Marketing Organization's efforts to transform Puerto Rico into
       a leading tourist destination




     105 The cost to obtain an electric connection in Puerto Rico is equal to 318% of income per capita, on the mainland, this cost
         falls to just 22% of income per capita and businesses enjoy much more reliable energy supplies (7.0 points on an 8.0 point
         scale on the mainland versus 3.0 points in Puerto Rico).
     106 For comparison, businesses must invest 81 days, complete 16 procedures, and pay 0.7% of a project's 'future value on the
         mainland.
     107 For comparison, businesses must invest 15 days and complete four procedures on the mainland.
     108 For comparison, businesses must make 11 payments and invest 175 hours on the mainland; the odds of an audit for a
         corporate income tax underpayment are also substantially lower on the mainland.


                                                                 114




                                                                                                                    DRA Ex. 235
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     EXHIBIT 59: DRIVERS OF PUERTO RICO'S UNDERPERFORMANCE IN DOING
     BUSINESS
                                                                                                                          doragBusiness2019                       = Doong8usiness2020
      indicator scores, lower rrgLvt-s are Wre .


                                                                                                                                                      159   161           162   163
          Puerto Rico's ranking continues to worsen as a
          result of insufficient ease of doing business reforms                                                    141        143




                                                                                    88         92


                  64             65
                                                              59
                                                    53




                    Overall'                       Starting a                        Getting                      Dealing with                        Registering        Paying taxes
                                                   business2                        electricity                   construction                         property
                                                                                                                    permits
         • ••••••••"•• ■ ni•••         *_._ ■LN1pettonms•-•.~4                             01,1Y1■rm Aer•Celn x 1f1.0-0 .11 Deb none,
         .                  teo.n.m.   rennn• 13.5e! ,Ine^syenna,r efeel•I • n teliffemsn At In e-Ide.ene-n [(tele e•ft r. I rake •ne tnIven--ne n■



     The Governments' efforts to implement ease of doing business reforms have been at best
     insufficient to compete with other destinations improving faster. At worst, ease of doing
     business reforms have been rare and not radical or thorough enough to warrant improvements
     in scoring or in investor attitudes. Notwithstanding the need to replace previous competitive
     advantages to attract investment and the creation of jobs, the implementation has been
     uneven and minimal.
     As such, when compared to the May 2019 Fiscal Plan, delayed implementation of ease of doing
     business reforms has delayed the impact on forecasted GNP growth by two years to FY2025
     and reduced the uptick (by o.io%) to 0.30%. Continued Government inaction will further
     jeopardize projected growth.
    To attain the GNP uptick associated with ease of doing business reforms, the
    Government must focus on achieving the following in FY2021:

     •        Improve the availability, cost, and reliability of electricity (see Chapter 11).

     •        Make permits more easily accessible to enable business activity and public
              safety by streamlining processes and eliminating procedural inefficiencies (e.g. reallocate
               underutilized personnel) across permitting agencies ("lean transformations"), digitizing
               all procedures required to start a business into the Single Business Portal, developing the
               Permitting Performance Dashboard, and launching the Red Tape Commission to support
               operational and technical transformations.
     •        Overhaul property registration to facilitate financial transactions and
              promote disaster-preparedness by identifying and standardizing best practices
              among registrars to speed up processing, merging the current land registration system
              with a faster land recordation system, merging the existing Land registries into one uniform
              parcel registry, and launching a campaign to map ownership of all unregistered properties
              on the Island.



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     ■ Simplify paying taxes to spur economic activity by designing a tax administration
          reform that digitizes, consolidates, and eliminates select tax filings, and conducting an
          operational needs assessments across Hacienda to reallocate personnel.
     ■ Reduce occupational licensing to facilitate labor force participation by
          designing legislative reforms to reduce required licenses, and consolidating the processing
          of occupational licenses under one department
     ■ Eliminate inefficient on-Island freight regulations by ending the minimum land
          freight charge across the Island
     ■ Strengthen offshore investment attraction efforts by identifying KPIs to gauge the
          effectiveness of Invest Puerto Rico's promotional efforts, and designing and implementing
          a strategy to compete with mainland states and other economies for investments as firms
          move to shift their supply chains to the US
     ■ Prime tourism attraction efforts for success by transferring internal (on-Island),
          airline, and event marketing responsibilities and funding from Puerto Rico Tourism
          Company to Discover Puerto Rico
    While all reforms will help produce a friendlier business environment,
    simplifying and digitizing permits (including business registrations), property
    registration, and paying taxes will have a particularly significant impact. As such,
     the streamlining of these three processes will foster economic growth and job creation.


     10.2        Streamline permits to promote business activity and
                 public safety
     To foster economic development, promote public safety, and enable recovery
     from the COVID-19 pandemic, the Government must revamp the Island's
     permitting system. Despite recent reform attempts (resulting in a new Joint Regulation
     that set Island-wide permitting rules and time limits to adjudicate permits), the average
     construction permit still takes 165 days to obtain.1°9 Delays in construction may incentivize
     informal construction, potentially increasing risks to public safety.11° Without thorough
     action, permitting will impede the Island's economic revitalization—discouraging
     construction and business operations and undermining recipients who aim to rebuild their
     homes and businesses in the wake of natural disasters. In the aftermath of the COVID-19
     pandemic, creating a streamlined permitting system that allows businesses to quickly start or
     restart activity will be crucial to support Puerto Rico's recovery—especially in the case of small
     business, which are particularly vulnerable to economic disruptions.111
    To redesign the Island's permitting regime, the Government must:
     ■ Implement operational changes to permitting processes: Permitting regulations
          must be streamlined to facilitate economic activity without sacrificing public safety




     109 World Bank Group, Doing Business 2020, 2019
     110 In 2007, Interviron Services, Inc. concluded that as much of 55% of the Puerto Rico's residential and commercial construction
          could have been done informally; see Hinojosa, et. al., The Housing Crisis In Puerto Rico and the Impact of Hurricane
          Maria " 2018.
     111 For example, the average small business generally holds less than one month of cash on hand. JP Morgan Chase & Co
          Institute, "Cash is King: Flows, Balances, and Buffer Days: Evidence from 600,000 Small Businesses,' 2016.



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     ■ Overhaul the Single Business Portal (SBP): The platform requires solutions to
          glitches and additional features to meet the Island's permitting needs112
     ■ Launch Red Tape Commission: A commission of private and public experts can help
          identify, design, and prioritize the implementation of operational and technical reforms
     While the implementation of these reforms is critical, the Oversight Board does not assert that
     they are exhaustive and encourages the Government—and especially the Planning Board (JP)
     and the Permits Management Office (OGPe)—to implement additional reforms to improve the
     permitting system.113

     10.2.1 Permitting reform design parameters
     The 2020 Fiscal Plan requires the Government to adhere to a set of parameters when
     implementing permitting reforms. Specifically, the Government must:
     Implement operational changes to permitting processes
     ■ Improve efficiency while maintaining public safety by eliminating sources of waste
          (e.g. under-trained employees asking applicants for excess documentation) through a lean
          transformation and routine regulatory training and testing for employees at key permitting
          agencies,114 and issuing all construction (PCOC)115 and business (PU)116 permits that
          comply with basic requirements on a conditional basis, with continued validity dependent
          on the findings of proactive (mid-construction or -operation) inspections.117 The
          Government must also increase utilization (i.e. identifying additional inspection types to
          delegate) and oversight of third-party inspectors (e.g. more training and auditing),118,119
          streamline permitting for strategic projects (e.g. major developments, projects above a
          certain value threshold), and guarantee highly-delayed applications a right to obtain
          agency review.1 2°


     112 SBP was created by Act 19-2017 to serve as the Island's one-stop portal for construction and business permits, individual
          and corporate incentives, and business registration procedures. To-date, the platform is only used to solicit and adjudicate
          permits and incentives. SBP has been played by technical issues (e.g. incorrectly computing application fees, sending
          applications to the wrong permitting office, etc.) and hampered by the absence of important features (e.g. amending
          applications, allowing permitting agencies to view all tasks awaiting completion, etc.).
     113 For example, creating a more coherent land use plan and zoning map could streamline the permitting process by eliminating
          the need for time-intensive pre-construction consultations. Multi-year delays in updating this map have increased the need
          for such consultations as Island's developmental trajectory has necessitated commercial and industrial development in areas
          officially zoned for residential or agricultural uses. As such, the Oversight Board urges collaboration between JP and
          autonomous municipalities to produce an updated land use plan and zoning map that meets the Island's economic and
          environmental needs.
     114 These include the Permits Management Office (OGPe), the chief permitting regulator; the Environmental Quality Board
          (DRNA-JCA), which exempts permits from environmental impact reviews and conducts the reviews themselves; and the
          Department of Health (DOH) and Firefighters Bureau (CB), which issue the sanitation licenses and fire prevention certificates
          required for businesses to operate.
     115 The consolidated construction permit (PCOC) is required for all construction on the Island.
     116 The single permit (PU) is required of all businesses on the Island to operate. It consolidates the use permit, the environmental
          quality certificate, the fire prevention certificate (adjudicated by CB), the sanitation license (adjudicated by DOH), and,
          depending on the nature of the business, liquor and tobacco licenses (adjudicated by Hacienda).
     117 All permits are currently adjudicated through a time-intensive analysis to determine whether projects as written in the
          applications would comply with regulations. In a proactive inspection regime, regulatory compliance is ascertained through
          live inspections, enabling adjudicators to issue permits more quickly (reducing processing times), inspectors to verify code
          compliance in practice (boosting safety), and builders spot quality control issues earlier on (averting expensive rework).
     118 Profesionales autorizados may complete fire prevention certificate inspections, but both OGPe and local permitting experts
          have voiced concern about the quality of some third-party inspections.
     119 In Washington, D.C., third-party inspectors may conduct building, mechanical, electrical, and plumbing with supervision from
          the city's Commercial Inspections Division; see District of Columbia, "Third Party Program Procedure Manual 2018," 2018.
     120 The Government could offer significantly delayed permit applications the ability to petition OGPe's Adjudication Board
          (OGPe-JA) for a final decision. In turn, the Government should bolster the board's technical capabilities by developing a
          permanent technical staff to review applications and require OGPe-JA to issue final rulings on their status by a certain
          deadline.



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     ■ Accelerate construction permitting by expanding the types of businesses and
          construction projects excluded from environmental impact review,121 issuing
          infrastructural recommendations (SRI) on a conditional basis, and allowing one SRI to
          apply to multiple permits if associated with the same project
     ■ Expedite business permitting by eliminating sanitation inspections conducted before
          a facility commences operations and ending sanitation inspections for low-risk businesses
          (e.g. offices, retail outlets) altogether.122,123
     ■ Improve municipal permitting offices' compliance with permitting
       regulations by predicating the renewal of legal agreements that allow autonomous
          municipalities to issue permits on their compliance with permitting regulations,124
          redirecting applications and fees away from non-compliant municipalities,125 and allowing
          municipal permit applicants to document a municipal permitting office's regulatory non-
          compliance and petition OGPe to review their cases.
     ■ Allowing Government agencies to propose regulatory changes in response to
          economic or technological changes to maximize efficiency and safety.126
     Overhaul the Single Business Portal (using the FEMA Hazard Mitigation funds detailed in
     Section 10.2.3)
     ■ Create the technical foundation (e.g. new features) necessary for operational reforms.

     ■ Facilitate inter-agency collaboration by offering all permitting agencies and
          municipal offices more visibility into outstanding tasks (e.g. inspections) that they must
          complete and storing their historical permitting data (e.g. previously-adjudicated
          permits).127
     ■ Digitize and centralize all procedures to start a business as required by Act 14)-
          2017.128
     ■ Launch a Permitting Performance Dashboard to evaluate permitting agencies'
          compliance with processing time limits found in the Joint Regulation129 by calculating the
          average processing time (submission to adjudication) for all permit classes and types (and

     121 Before applying for permits, applicants must solicit an environmental document approval from OGPe. The categorical
         exclusion (DEC) is the most common and fastest to adjudicate (as no analyses are required). Applicants who do not qualify
         for a DEC must complete an environmental assessment (EA) or an environmental impact assessment (DIA).
     122 An end to preliminary inspections would allow DOH to increase sanitation audits of operational businesses to boost public
         safety and allow the department to issue licenses more quickly, enabling businesses to commence operations earlier on.
     123 An end to low-risk business sanitation inspections would reduce regulatory burdens for those businesses and enable DOH
         to allocate additional personnel to inspect high-risk facilities (e.g. labs, restaurants).
     124 Act 81-1991 created autonomous municipalities. Under existing regulations, autonomous municipalities are legally allowed
         to open municipal permitting offices once they have submitted municipal zoning maps to and signed convenios de delegacion
         with JP. Convenios de delegacion are valid for five-year periods.
     125 OGPe could redirect permitting applications and fees away from municipalities that display sustained patterns of non-
         compliance (via SBP) or (in conjunction with JP) digitally revoke their authority to issue permits altogether.
     126 Modifications should respond to technological advances (e.g. development of new software that renders certain analyses
         obsolete). An effective mechanism in the Joint Regulation would require JP to (1) review all proposals and send viable ones
         to public commentary on a quarterly basis and (2) update the Joint Regulation within 90 days of their approval.
     127 Currently, all agencies except OGPe lack a real-time view of the number of inspections and analyses outstanding at their
         agency and cannot track how many inspections are assigned to or completed by their employees every day.
     128 As such, the Government must target complete integration into SBP of (1) filings for business certificates, (2) submission of
         an employer identification number (EIN) from the Internal Revenue Service (IRS) to Hacienda to support employee tax
         withholding, (3) flings for municipal business licenses, (4) filings for unemployment and disability account numbers from the
         Department of Labor and Human Resources, (5) filings for workmen's insurance policies from State Insurance Fund
         Corporation (SIFC), and (6) flings for merchant certificates.
     129 The Joint Regulation creates three permit classes: Ministerial permits comply with all land use, zoning, and building
         regulations and must be adjudicated within 30 days. Discretionary permits that contravene only building rules (e.g. square
         footage limits) are subject to a Construction Consultation (CC) but not subject to public commentary and must be adjudicated
         within 120 days. All other discretionary permits are subject to a public hearing and must be adjudicated within 180 days.



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          agency sub-tasks if adjudicated by two or more agencies),130.131 tracking the number of
          applications closed without adjudication or returned to applicants due to incomplete
          documentation for all permit classes and types,132 recording the percentage of third-party
          permit inspections audited by OGPe, and enabling applicants to view their permit's
          approval status in real-time.
     ■ Launch a Red Tape Commission133 comprised of private and public sector experts to
          identify opportunities to streamline the environmental documents (DEC, EA), major
          construction procedures (CUB, PCOC, SRI), and business permit (PU). The commission
          should also map the objectives of all OGPe-issued permits to identify overlaps in scope,
          outdated use cases, permits that could be processed in parallel or leverage the same
          analyses, as well as recommend which permit inspections could be delegated to third-party
          inspectors and flag major SBP glitches and common-sense technical upgrades.

     10.2.2 Reform targets and indicators
     Successful property registration reforms will allow Puerto Rico (ranked 143rd in the Doing
     Business construction permits indicator) to compete with the top-ranked Latin American and
     Caribbean economy in this indicator (ranked 871h) by reducing the time, number of
     procedures, and cost required to obtain permit by rf2023. It should also serve to digitize and
     integrate all procedures required to start a business into SBP (Act 19-2017).
    The Oversight Board will also track the following indicators to monitor the Government's
    implementation of permitting reforms:
     ■ Average number of days to obtain CUB, DEC/EA, PCOC, PU, and SRI permits
     ■ Number of procedures required to obtain CUB, DEC/EA, PCOC, PU, and SRI permits
     ■ Percentage of backlogged CUB, DEC/EA, PCOC, PU, and SRI permits
     ■ Number of business registration procedures integrated into SBP
     ■ Number of procedures required to start a business
     ■ Average number of days required to start a business

     10.2.3 Current state and path, ortvard
    The Government has made no meaningful progress in simplifying, expediting, or enabling
    permitting. Agencies struggle to reduce permit processing times due to a continued reliance
    on inefficient application review procedures (e.g. time-intensive proposal-based adjudication,
    continued use of sequential application processing). The operational redesign outlined above
    will enable agencies to comply with processing time limits to adjudicate permits. SBP's
    functionality, meanwhile, has been reduced by technical glitches (e.g. applications sent to
    incorrect offices) and a lack of critical features (e.g. amending applications). SBP upgrades will
    provide a foundation for the operational transformation.

     130 Class refers to a permit's ministerial or discretionary character, type refers to its use (e.g. PCOC, PU, etc.).
     131 The SRI is one example of a permit adjudicated by more than one agency. Although it is issued by OGPe, the determination
         is based on input from the affected infrastructure agency (e.g. PREPA).
     132 The Joint Regulation resets time limits when agencies receive an application lacking required documentation. Local
         permitting experts have noted prior experiences with agencies marking completed applications Incomplete to reset
         application time limits.
     133 In New York City, a red tape commission developed more than 60 solutions to address inefficient business processes,
         including permitting. In New Jersey, the creation of a statewide commission coincided with a slowdown in the issuing of new
         regulations. When enforceable by law, red tape reduction efforts have drastically reduced excess regulations. Rhode Island
         eliminated 31% of all statewide regulations when it legally set its entire regulatory code to expire at the end of 2018. See
         Broughel, "A Dark Day for Red Tape in the Buckeye State," 2019.



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    This inaction is particularly concerning given the Government's access to a $144 million FEMA
    Hazard Mitigation grant over the last two years to revamp the Island's permitting system. To
    date, the Government has only spent and submitted reimbursement requests for less than $4
    million. The grant, set to expire in September 2024, must be spent in its entirety to maximize
    its potential to revamp the Island's permitting system in an effective and lasting manner.134
    The grant, awarded to the Planning Board, is meant to support the enforcement of stronger
    building codes and permitting regulations and can fund:
     •       Hiring additional permitting and building inspectors across the Island
     •       Purchasing or upgrading technological systems that support code enforcement (e.g. SBP)
     •      More robust training for inspectors to promote compliance with permitting regulations
            and building codes, as well as community outreach to educate stakeholders on changes
     ■ Hiring technical experts (e.g. lean consultants) to build code enforcement capabilities at
       JP, OGPe, and municipal permitting offices
    To successfully implement permitting reform, the Government must accomplish the following
    action items by their respective deadlines:
     EXHIBIT 60: REQUIRED IMPLEMENTATION ACTIONS FOR PERMITTING REFORM
                    Action dam                                                                                            .11•gr •                                hensleco

                   •   Establish Recrrape commission co rnpriSe d or citrate sector experts, CB, DOH,I3RNA-               •   OGPe                                Juno 30, 2020
         m1.2070
                       /GA JP. OGPe. and th e Oversight Board
                   • D es I sin I mplementeticri plan to di gltire all business registrati on pro cesseS                      BU sin eaS regiettatien aqua:48Sr   September 30,2020
                   • Reale* all Internal prO ce S Sea l° Ide nifty Operational i n Stir send e S and develOp StralegleS   •    Permitting agendeS2                September 30. 2020
                     to addre as the m
                   •   Corn pile all ne cessary SOP fixes and upgrades Onduding Perrndt no Performance                        Red Tape Ocirpo,Api                 September 30.2020
                       ❑ae h snare
                   •   SF! detnilion or strategic protects and bOdtlY Streamlined permitting procedures !Or Marti         • °DEC. JP. ()GPO                       SePtallaber K. 2020
                   • Engage relevant !Cirri-parties ra i It con duct lean tt an stor mation at CB. 001-1. DRNA-JCA,       • JP, OGPe                              November 30, 2020
                     and OGPe and (21 i rnple me rt SBP fixes and Upgrades (inulpdng di gitilarion of all
                     procedures lo start a business)—bola of which can be 'Linde d vi a FDA Hazard
         Pr'2021     Mitigation grant
                   • Red Tape Commission shares recorrirtendatians to (1) oppOrtunities to streamine                      • Red Tape Commission                   November 30, 2020
                     permits (2)inspe ctionsto de I egate to third-party Inspectors, and (31SBP
                     recommendations with agendas and Oversighl Board
                       Din cuss recommendation swIlb Oversight Board                                                      •    Red Tape Commission                December 15, 2020
                       Launch ean transform-at ons and SEP overhaul (induding Pus In PISS registration                    • C13. DOH. DRNA-JGA OGPe.              January 1,2021
                       cfigIllzati on efforts) runde d vi a FEMA Hazard Mitigation grant                                    third-parties.
                       I Mpl ement all neCe Ssary GdMin IStiative and le OiSlalive oh an g ea to suppOrtprOcedural        • Hu sin ea s regisUallo n and per-     March 31,2021
                       streamlining. SAP modifications. and digitization of procedures to stale business                    mit& g agendas. Leglsialure
                       Fully digiliZe all procedures to Mart a business Within SDP                                        • Third-parties                         Jinn 30, 2021
                       Finareni SEP overhaul                                                                              • Th "1-d-bates                         November 30.2021
                                                   PPD                                                                    • JP. OGPe                              De cam Der 15, 2021
         Ff2072
         and           Reduce average processing times for each permittype and dab s to 2x Joint Regulation               • Permitting ag @noes                   June 30. 2022
         beyond        limits
                       Reduce average process ing times for each perrndtype and das s to comply wilh Joint                •    F'erroftting agencies              June 30, 2023
                       Regulation WAS


      1 These 11.111tle Its Lepartrnerd 0151310 ryanin es the Deeiretrint or Labor and Nana Resources. end Cr c SW* 'ocotillos rues Ca minion
      3 These include the Perms Pchscement Office ICOPcl, the Pepirtment otAgrteucute (Oki. me (Apartment ern/ducal is0Enrhermentel ReSOLIrCeS'Eanranfrental bunch,Beare tnnfir."-
        Jr.••,l. the Aqueduct and Sews, Sirtricrhy (1•RA31V. the Eiectrc [Ma Feiner AlehOtt$ flUtEN4). lOgn wet. ecdTrantlhortafkari Ailthrinfy 017A Y. Sal) Vests Iowa orient el smarts
        IITRSVVHAl Teacirrimousaiona PsaWarbry Basra                    nalleule oihi om 41..xc raw • 11CP1. Hecessa. the Oesertmen1 roiheeil$ ftabi inn los Freighters Lr,nxmearan rag,




     10.2.4 Enforcement mechanisms
    To ensure that the Government implements impactfui measures, the 2020 Fiscal Plan requires
    that JP and OGPe create and launch the Permitting Performance Dashboard (PPD) by the end
    of December 2021.
     The 2020 Fiscal Plan also requires that each permitting agency must adjudicate each permit
     type (e.g. PCOC, PU) and class (e.g. ministerial, discretionary)—on average—within 2x the
     limits by FY2022 and at the limit by FY2023. The Oversight Board will utilize the PPD to gauge

     134 The Government must also ensure that corresponding request for reimbursement are submitted to FEMA in a timely fashion.


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     agencies' compliance with time limits, and it will track the percentage of permitting
     applications closed without adjudication or marked incomplete and returned to applicants to
     ensure that all permitting agencies achieve these targets legitimately.


     10.3 Overhaul property registration to facilitate financial
           transactions and promote disaster-preparedness
    To remove barriers to financial activity and promote disaster-preparedness, the
    Government must continue implementing property registration reforms in
    FY2o21. Accelerating property registration will ensure that all residents and businesses can
     quickly and reliably document property rights—crucial to day-to-day business operations and
     to post-disaster recovery efforts. As it stands, the Island's current set of disjointed registries
     do not comprehensively map all land ownership, complicating Government disaster relief
     efforts.135,136.137 To empower residents and businesses to recover from future natural disasters
     and comply with US Department of Housing and Urban Development (HUD) guidelines for
     unlocking $8.3 billion in Community Development Block Grant (CDBG-MIT) funds, reforms
     must also demonstrate meaningful progress in the creation of a uniform parcel registry that
     can be used to verify the ownership of properties across the Island.

     10.3.1 Reform design parameters
    The Certified Fiscal Plan requires the Government to adhere to a set of parameters when
    implementing property registration reforms. Specifically, the Government must:
     ■ Reduce the amount of time required to register a property by identifying and
          promoting the systemwide adoption of top-performing registrars' best practices,138
          conducting performance analyses to reallocate support staff (e.g. technicians) to maximize
          registrars' processing capabilities, eliminating the backlog of outstanding property
          registrations (see UPR-Property Registry task force below), and replacing or combining
          the existing land registration system with a faster and more comprehensive land
          recordation system.139
     ■ Create a uniform parcel registry that comprehensively records property
       ownership and rights across the Island (funded by a $50 million CDBG-DR grant
          for this purpose) by prioritizing mapping the entire Island, including only basic
          information for each property, and limiting participation to stakeholders with registration


     135 In the aftermath of the 2017 hurricanes, many individuals and families affected by the disasters struggled to document legal
          ownership of their properties, requiring FEMA to make an exception and allow claimants to self-certify ownership,
     136 Unregistered properties, also known as informal housing stock, are generally self-built by lower-income households, often in
          flood zones and without rigid building code compliance. In 2007, Interviron Services, Inc. concluded that as much of 55% of
          the Puerto Rico's residential and commercial construction could have been done informally.
     137 Puerto Rico has three property registration systems: (1) DOJ-PR's registry records transactions (e.g. acquisitions) relating
          to real properties and uses registrars to analyze the validity of property transactions; (2) Centro de Recaudacion de I ngresos
          Municipales (GRIM) maintains a digital registry of real property in each municipality (the Cadaster of Puerto Rico) for tax,
          legal, economic, and administrative purposes; (3) JP maintains an interactive database with location, environmental, and
          land use data across the Island. Neither the DOJ-PR registry nor the Cadaster accurately capture property ownership.
          Registration in the former is voluntary, time-consuming, expensive, and unnecessary in the absence of financial transactions.
          While registration in the latter is mandatory, the Cadaster does automatically record informal transactions.
     138 D0J-PR's registrars exhibit significant disparities in performance—in 2019, 22% of registrations inscribed by DOJ-PR were
          inscribed by its five most-productive registrars, while its five least-productive registrars accounted for only 6% of processing
          volume; see Puerto Rico Department of Justice-Property Registry, performance data shared with Oversight Board, 2019.
     139 The Island's land registration system (a) is voluntary, (b) legally guarantees title to a property, and, by virtue of its legal
          protections, (c) often takes longer to process registrations. Land recordation systems (like those on the mainland) mark the
          temporal order in which documents are tiled, providing a priority claim of ownership. This does not certify that a property is
          free of liens. Assurances of ownership are established through title searches Intended to verify that preexisting claims or
          liens do not exist, escrow companies that assure the timely transfer of resources and documents, and title insurance to
          provide a financial safeguard against title defects.



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          data, establishing an administrative and technical protocol for continuously updating the
          parcel registry to reflect legal changes (e.g. new ownership), and creating a legal protocol
          to incorporate informal housing stock lacking legally-determined boundaries, deeds, or
          titles into the uniform parcel registry.
     •    Launch a GIS map that provides an interactive geospatial presentation of data
          populated within the uniform parcel registry (funded by the same $50 million
          CDBG-DR grant mentioned above) by contracting surveyors and GIS service providers to
          develop a digital map of the Island, and prioritizing the overlay of parcel and ID,
          ownership, land use, and valuation data140

     10.3.2 Reform targets and indicators
     Successful property registration reforms will allow Puerto Rico (ranked ifag in the Doing
     Business registering property indicator) to compete with the top-ranked Latin American and
     Caribbean economy in this indicator (ranked 5     95th) by reducing the time and number of
     procedures required to register property by FY2023. It will also allow Puerto Rico to
     demonstrate to the US Department of Housing and Urban Development (HUD) how ongoing
     efforts to develop a uniform parcel registry and GIS map will assist HUD in verifying legal and
     physical addresses associated with the use of CDBG-MIT funds.
    The Oversight Board will also track the following indicators to ensure that the Government
    implements property registration reforms:
     •   Average number of days to register property
     •    Number of procedures required to register property
     •    Number of backlogged property registration applications

     10.3.3 Current state and path forward
    The Government has taken steps to streamline the Island's property registration processes in
    recent years, but significant work remains to be done. Digitization of property registrations
    has boosted productivity at the Department of Justice-Property Registry (DOJ-PR), enabling
    the registry to process more documents than it received.141 DOJ-PR and the University of
    Puerto Rico (UPR) launched a task force to further reduce the backlog in March 2020, but its
    efforts were cut short by the COVID-19 shutdown. Currently, more than 400,000 registrations
    remain backlogged, and registrations average 190 days to process.142
     UPR-Property Registry backlog reduction task force
     In March 2020, the Oversight Board worked with UPR and DOJ-PR to establish a task force
     to eliminate the property registration backlog at D0J-PR. Funded via $1 million in unearned
     UPR revenues from FY2018, the task force comprised more than 100 UPR (primarily law)
     students and DOJ-PR registrars who were supposed to process and inscribe backlogged
     registrations. The objective of the task force was to eliminate all backlogged documents in the
     San Juan area while exposing student participants to the intricacies of the legal processes
     surrounding property registration. Unfortunately, the COVID-19 pandemic cut short the task
     force's efforts shortly after they commenced, and is expected to resume operations as the
     Island re-opens its economy during the aftermath of the pandemic.


     140 After satisfying HUD requirements, the Government could populate additional data (e.g. utility, school population, crime) to
         meet the Island's legal and economic needs.
     141 This resulted in the elimination of 30,000 documents from DOJ-PR's backlog; see Puerto Rico Department ofJustice-Property
         Registry, performance data shared with Oversight Board, 2019.
     142 Puerto Rico Department of Justice-Property Registry, performance data shared with Oversight Board, 2019; the World Bank
         Group, Doing Business 2020, 2019.


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    To successfully implement property registration reform, the Government must accomplish the
    following action items by their respective deadlines:
     EXHIBIT 61: REQUIRED IMPLEMENTATION ACTIONS FOR PROPERTY REGISTRATION
     REFORM
                  Action Item                                                                                    Owner               Deadline
                  • Establish a property registration reform working group comprised of CRIM. DOJ-PR. JP. • Vmenda                   June 30.2020
                    Vivienda. and the Oversight Board
                  • Identity top-performing registrars and best practices                                      DOJ-PR                August 15. 2020
                  • Issue request for proposal for third-party surveyors and GIS providers to begin developing Vmenda                September 39.2020
                    digital map of the Island (funded by a 550 million COOL-DR grant for this purpose)
                    Design strategy to accelerate property registration processing times by CD promoting         Woriung group October 15. 2020
                    systemwide adoption of best practices. (2) reallocating technical staff. and (3) hybridizing
                    the land registration system with a faster and more comprehensive recordation system
                    and share with Oversight Board
                  • Discuss strategy to accelerate property registration wile/geeing times with Oversight Board • 00J-PR       October 31, 2020
                  • Begin implementing strategy to reduce property registration processing times                 • DOS-PR            November 15., 2020
                  • Issue request for proposal for third-party firm to merge CRIM. 00.1-PR. JP property          • Witenda           November 15.2020
                    registries into uniform parcel registry
                  • Design protocol to incorporate informal housing stock when identified nit uniform parcel     • Working group     January 31. 2021
                    registry
                    Design campaign to map unregistered properties or those with outdated ownership and          • Wedging group     February 15, 2021
                    share with Oversight Board
                  • Discuss mapping strategy with Oversight Board                                                • luvirttf. group   February 28, 2021
                  • Launch mapping campaign and begin updating uniform parcel registry and GIS map               • 1130. _           March 31.2021
                  • Finalize necessary administrative and legislative changes to introduce hybrid registration   • TBD               April 15. 2021
                    system
                    Define administrative protocol to continuously update uniform parcel registry in response    • Working group     April 30, 2021
                    to legal changes (e.g ownership changes,
                  • Finalize merger of CRIM. 00J-PR and JP property registries into uniform parcel registry
                                                                                                          • Third-parties            May 30, 2021
                  • introduce technical mechanisms to continuously update uniform parcel registry and GIS • Third-parties            June 15, 2021
                    map in response to legal changes (e.g. ownership changes)
                  • Conclude mapping campaign                                                             • TBD                      March 31.2022
                  • Finalize upload of data from mapping campaign into uniform parcel registry and GIS map . Third-parties           June 30. 2022
     FY2022 and
                  • Finalize uniform parcel registry that maps all ownership and rights across the Island • TBD                      September 15.2022
     beyond
                  • Finalize GIS map that include parcels. property Os. property ownership. land use and  • TOO                      January 31. 2023
                    property value data




     104 Simplify paying taxes to spur economic activity
     To spur economic activity, the Government must implement reforms to
     meaningfully simplify paying taxes. The Oversight Board acknowledges Hacienda's
     progress in digitizing and centralizing an increasing number of tax filing payments and into
     SURI. However, several major filings and payments that businesses and residents in Puerto
     Rico must make (including municipal and property taxes) have not been digitized or
     centralized, requiring filers to interface with multiple revenue agencies and mediums to
     comply with their tax obligation.

     10.4.1 Reform design parameters
    The 2020 Fiscal Plan requires the Government to adhere to a set of parameters when
    implementing tax administration reforms. Specifically, the Government must:

     ■ Reduce the time required to pay taxes by digitizing analog tax filings (e.g., municipal
        and property taxes) and post-filing error-resolution processes (e.g. by creating secure
        uploads for digital document) into SURI, as well as by exploring opportunities to reduce
        the number of required tax payments (e.g., less frequent payments for smaller amounts).
     ■ Accelerate the processing of tax filings and timeliness of audit completion by
        conducting an operational needs assessment to support the reallocation of underutilized
        personnel to critical functions (e.g. error-resolution, audits), and identifying and
        implementing operational efficiencies within the audit process (e.g., by identifying
        bottlenecks, duplicative work, and workload scheduling).


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     •      Create a working group to identify and prioritize efficiency-minded
            regulatory changes that can be incorporated into future SURI releases.

     10.4.2 Reform targets and indicators
     Successful tax administration reforms will allow Puerto Rico (ranked 163.1 in the Doing
     Business paying taxes indicator) to compete with the top-ranked Latin American and
     Caribbean economy in this indicator (ranked 99th) by reducing the time and number of filings
     that companies must complete to pay taxes by FY2023
    The Oversight Board will also track the following indicators to ensure that the Government
    implements tax administration reforms:
     ■ Average number of mandatory tax payments for corporations
     •      Doing Business post-filing index score

     10.4.3 Current state and path forward
    Although digitization efforts around SURI have helped make tax filings less burdensome,
    paying taxes remains a cumbersome and time-consuming process. To its credit, SURI has
    helped filers reduce the time required to complete certain filings and payments (e.g. form 480,
    SUT, corporate income taxes) by digitizing and centralizing those processes in one place.
    However, municipal and property tax filings and payments remain time-consuming and
    complex. Post-filing audit procedures are particularly time-consuming and challenging to
    resolve, often involving multiple in-person visits to Hacienda.143
    To successfully implement tax administration reform, the Government must accomplish the
    following action items by their respective deadlines:
     EXHIBIT 62: REQUIRED IMPLEMENTATION ACTIONS FOR TAX ADMINISTRATION
     REFORM
                          Action item                                                                                                   Owner                 Deadline
                          • Establish a tax administration reform working group comprised of private • Hacienda                                              September 30. 2020
                            sector tax professionals, GRIM, Hacienda, and the Oversight Board
                          • Assess basic operational needs across all departments to facilitate                                         • Hacienda January 31, 2021
                             reallocation of personnel to processing filings, error-resolution, and
         To be               audits
         completed • Design tax administration reform by (1) digitizing tax payments, (2)                                               • Working             March 31. 2021
         in FY2021   consolidating the number of tax filings (3) eliminating burdensome                                                   group
                             filings, and (4) reshuffling internal personnel and strengthening their
                             training and decision-making authority'
                          • Discuss strategy, projected costs, and necessary administrative and                                         • Hacienda April 30, 2021
                            legislative changes with Oversight Board

                          • Design implementation plan to maximize the effectiveness of tax                                             • MD                  September 30, 2021
                            administration reforms with the Oversight Board
         To be
         completed
                   • Discuss implementation plan with Oversight Board                                                                   • Hacienda October 15, 2021
         in FY2022        • Finalize necessary administrative and legislative changes required to                                       • Hacienda October 31, 2021
         and                implement tax administration reforms for tax year 2021
         beyond           • Finalize technical upgrades to Hacienda's digital platforms                                                 • Hacienda December 15, 2021
                          • implement tax administration reform                                                                         • Hacienda January 1, 2022

      1 Aspens tilla deStai armies*. the orartIng j.d3up shuukl, s! s MTIMPM deft Pv raLsvaniSIBtChslitar$ gpetsurmal tea.cetrenPs xe1e11.l7neit=s, b.—I 1prealay muds/1step** 6r irre,itnoe
        prcgrerrro,g h-r103:1.




     143 Most technicians only have the authority to resolve (and frequently escalate to their superiors) errors worth $25,000 or less
         necessitating follow-up visits to speak to higher-level officials.


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     10.5 Reduce occupational licensing to facilitate labor force
           participation
     Current occupational licensing requirements complicate certain workers' entry
     into the formal workforce and expose applicants to lengthy wait times.
     Occupational licensing can boost the quality of services rendered while improving public
     safety, but the practice can also restrict labor force participation and economic output while
     increasing the cost of goods and services.144 To promote labor force participation and facilitate
     migration to the Island, the Government should streamline, eliminate, or harmonize
     occupational licensing requirements with those on the mainland. Additionally, the
     Government could leverage established best practices when creating new licenses to produce
     less burdensome regulations and reduce the need for future time-intensive legislative
     overhauls.

     10.5.1 Reform design parameters
    The 2020 Fiscal Plan requires the Government to adhere to a set of parameters when
    implementing occupational licensing reforms. Specifically, the Government must review
    requirements to identify licenses for simplification, consolidation, or elimination, and assess
    the basis for legislating a mandated reduction in occupational licensing regulations, as done
    in other US jurisdictions.145 It must also join US mainland compacts that recognize licenses
    obtained in other states, such as the Compact for the Temporary Licensure of Professionals,
    as well as amend current licensing requirements to align them with those in mainland states
    that are home to significant Puerto Rican populations that could one day return to the Island
    (e.g. Florida, New Jersey, New York, Pennsylvania) or employ significant numbers of workers
    in industries that Puerto Rico aims to attract (e.g. knowledge services, hospitality and tourism)
    to facilitate relocations.
    Additionally, the Government must create less burdensome occupational licenses in the future
    by employing less-restrictive alternatives for occupations that pose low risks to public safety,
    closely tailoring license requirements to mitigate specific health and safety risks, conducting
    regular cost-benefit analyses for all analyses, and reducing barriers to inter-state mobility.146

    10.5.2       Reform indicators
    The Oversight Board will also track the following indicators to ensure that the Government
    implements occupational licensing reforms:
     ■ Average number of days to obtain an occupational license
     ■ Number of occupational licenses eliminated or harmonized with interstate compacts

     10.5.3 Current state and path forward
    The Island's occupational licensing regime remains expansive and inefficient. More than 6o
    professions are licensed by autonomous boards and supervised by DOH, the Department of
    State (DOS), or the Puerto Rico Tourism Company (PRTC). Workers must meet application



     /44 The White House, "Occupational Licensing: A Framework for Policymakers," 2015; Carpenter, et. al., uLicense to Work: A
         National Study of Burdens from Occupational Licensing,' 2017
     145 Virginia, for example, created an inventory of all statewide regulations and mandated a 25% reduction in occupational
         licensing rules; see Broughel, "A Dark Day for Red Tape in the Buckeye State,' 2019.
     146 These include certification, registration, mandatory bonding, or more direct regulation of companies; with certifications, for
         example, the Government would limit the use of professional titles to licensed workers but allow workers to practice a trade.
         See The White House, "Occupational Licensing: A Framework for Policymakers," 2015.



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     requirements set by licensing boards. Applications are then processed by their respective
     boards and issued by DOH, DOS, or PRTC. Processing times vary substantially.147
    To successfully implement occupational licensing reform, the Government must accomplish
    the following action items by their respective deadlines:
     EXHIBIT 63: REQUIRED IMPLEMENTATION ACTIONS FOR OCCUPATIONAL LICENSING
     REFORM

                            Action item                                                                    Owner                        Deadline
       To be                • Establish working group comprised of DOH, DOS, PRTC, and the                 • DOH, DOS, PRTC             June 30, 2020
       completed              Oversight Board
       before Pr 2021

                              Design reform to reduce licensing by (1) creating protocol to streamline     • Working group               October 31, 2020
                              licenses. (2) joining inter-state /licensing compacts, and (3) aligning
                              licensing rules with those in slates with large Puerto Rican communities
                            • Identify viable strategies to promote local boards' compliance with            Working group              November 15.
                              licensing reforms                                                                                         2020
      To be                 • Design strategy to accelerate processing of licenseswithin DOH and           - Working group              November 30,
      completed in
                              DOS (e.g. consolidation under one department)                                                             2020
      FT2021
                              Discuss licensing reform. compliance strategy, processing                    • Working group              December 15,
                              improvements. projected costs, and necessary administrative and                                           2020
                              legislative changes with Oversight Board
                            • Finalize necessary administrative and legislative changes required to          THU                        June 30, 2021
                              implement occupational licensing reforms from FY2022 onward

      To be                   Implement revised occupational licensing requirements                          Working group              July 1, 2021
      completed in            Publish performance report detailing (1) the average time and costs            Working group              Annually horn
      FY2022 and              required to obtain each license type and (2) administrative or legislative                                August 15, 2022
      beyond                  changes made to reduce licenses or accelerate their processing

           Garai trii   •       a4 A • •-•••       o• .1                             „- 4    a               •a. ma'am, li9sIlsze-cri.22Zratatle3ta rrae•-. ,
       .reag-urenno




     10.6 Eliminate inefficient on-Island freight regulations
    The deregulation of land freights would reduce transportation costs for the Puerto Rican
    business community. For nearly ioo years, the federal Interstate Commerce Commission
    regulated land freights across the US, creating artificial price floors to support the railroad
    and trucking industries and protect them from competition. The elimination of those price
    floors reduced the cost of truckload-sized shipping costs by 25% between 197 and 1982 alone.

     10.6.1 Reform design parameters
     The 2020 Fiscal Plan requires that the Transportation and Public Services Bureau (NTSP)
     issue an administrative order eliminating the minimum land freight charge across Puerta
     Rico.

     10.6.2 Reform indicators
    The Oversight Board will also track the minimum land freight in dollars to ensure that the
    Government implements on-Island freights reform.

     10.6.3 Current state and pathfortoard
    The continued regulation of land freights promotes the interests of inefficient trucking
    companies at the expense of the broader business community and, by extension, their

     147 In 2019, applicants for designer licenses waited approximately 33 business days to receive their license (18 days at the
         board and 15 at DOS), while barbers waited nearly 160 days (117 days at the board and 40 at DOS). Puerto Rico Department
         of State, performance data shared with Oversight Board, 2019,


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     customers. Puerto Rico is one of only two major US jurisdictions that still regulate land
     freights. Regulated freights have reportedly decreased the quality of services rendered by
     carriers and shippers, and forced companies to hold additional inventory, all of which have
     helped increase the cost of doing business in Puerto Rico.148
    To successfully implement on-Island freights reform, the Government must accomplish the
    following action items by their respective deadlines:

     EXHIBIT 64: REQUIRED IMPLEMENTATION ACTIONS FOR ON-ISLAND FREIGHTS
     REFORM
                   Ac1011) hum                                                                        1...omput    Deadline
                   issue an adnunistrafere order eliminaring the minimum land freight charge across   NTSF.        September 30.
     To be
                                                                                                                   2020
     completed in the Island
     FY2021




     10.7 Strengthen offshore investment attraction efforts
     To transform Puerto Rico into a more competitive destination for offshore
     investment, the Government should improve its funding for and oversight of
     Invest Puerto Rico (IPR), the Island's Investment Promotion Agency (IPA).
     Attracting job-creating investments is crucial to Puerto Rico, as the number of business
     establishments in Puerto Rico was already in decline before the 2017 hurricanes.148
     Jurisdictions across the globe have leveraged IPAs to attract offshore investments, fuel
     economic growth, and create jobs for their residents.15° Effective investment promotion
     efforts are especially important in the aftermath of the COVID-19 pandemic. Off-Island
     investments (from both mainland and international companies) will play a crucial role in
     supporting economic growth and creating jobs necessary to help Puerto Ricans economically
     recover from the COVID-ig pandemic. Stronger investment promotion will also help ensure
     that the Island can effectively compete with mainland states and other countries for critical
     investments aligned to the Island's competitive advantages (e.g. pharmaceutical
     manufacturing, knowledge services, and hospitality and tourism) - increasingly important as
     companies look to shift their supply chains in the aftermath of the COVID-I9 pandemic.151

     10.7.1 IPR in comparison to other IPAs
     Unlike other IPAs, Invest Puerto Rico only has one mandate: attract offshore investment
     (primarily from the mainland) to the Island. For this purpose, IPR has an annual budget of $5
     million, $1.4 million of which is allocated to investment promotion.152 However, according to
     an analysis by the Organization for Economic Cooperation and Development (OECD) of IPAs
     in its member states, national IPAs commonly have about six individual mandates, including
     inward foreign investment promotion, export promotion, innovation promotion, regional


     148 Advantage Business Consulting, "Progress Report on Deregulation of Land Freight Rates." 2016.
     149 Puerto Rico Department of Labor and Human Resources, Bureau of Labor Statistics. "Puerto Rico Economic Analysis Report'
          2015-2016,' 2016.
     150 In Ireland, for example, the Industrial Development Authority (IDA) has helped secure investments from many of the world's
          top pharmaceutical firms and software companies, and more than 210,000 Irish residents—nearly 10% of the country's
          workforce—are employed by IDA client companies. See IDA Ireland, "Local impact": the World Bank Group via International
          Labor Organization, "Labor force, total – Ireland,' 2019.
     151 Rapoza. 'New Data Show US Companies are Definitely Leaving China," 2020.
     152 For comparison, JobsOhio has an annual budget of $134 million, Invest Atlanta of $40 million, and Enterprise Florida of $37
          million. The average national IPA, meanwhile, as a budget of $68 million ($12 million of which is allocated to investment
          promotion) and the median national IPA a budget of $12 million (with $5 million allocated to investment promotion) See
          Organization for Economic Cooperation and Development, 'Mapping of Investment Promotion Agencies in OECD
          Countries," 2018,



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     development promotion, and granting financial incentives.153 Sub-national IPAs (such as IPR)
     often have many of these same responsibilities, as well as domestic investment promotion,
     issuing relevant business permits, and operation of a business one-stop shop.

     10.7.2 Reform design parameters
    The 2020 Fiscal Plan requires the Government to adhere to a set of parameters in order to
    fully empower IPR to effectively attract growth-generating and job-creating investments to the
    Island. Specifically, the Government must:
     ■ Require IPR to publicly release performance data clearly illustrating the
          effectiveness of IPR's promotional campaign in bringing incremental and new investments
          to Puerto Rico.
     ■ Ensure that IPR designs and implements a strategy to compete with mainland
       states and other economies for investments that arise as companies move to shift
          their supply chains to the US to minimize risk.
     ■ Partner with DDEC and Discover Puerto Rico to develop an integrated
       strategy that leverages the US Department of Transportation (DOT) air hub waiver
          authorizing international air cargo and passenger transfers in Puerto Rico's international
          airports to foster economic development and spur tourism (if effectively utilized, the
          waiver is expected to generate $30 million in additional payroll by 2022).154 The strategy
          must also increase the air hub waiver's likelihood of renewal in 2022.155
     ■ Provide IPR with visibility into existing idle Government properties (e.g.,
          abandoned industrial parks, factories, storage facilities) that could be leveraged by
          potential investors as they explore the possibility of running their businesses on the Island,
          and give IPR broker rights over those properties. This would allow IPR to present to
          investors a more compelling offer, as finding the right location to run operations in a new
          area is time-consuming and challenging. It could also provide IPR with a new source of
          revenue (through brokerage fees on each transaction) and help the Government leverage
          their unused properties. The team in charge of managing these properties currently sits in
          DDEC, but should be transferred to IPR (together with its corresponding budget) in order
          to empower the Island IPA with these additional responsibilities.

     10.7.3 Reform targets
    The 10-year collaboration agreement between the Department of Economic Development and
    Commerce (DDEC) and IPR establishes a set of multi-year performance targets. Despite the
    disruptions caused by the pandemic, the growing number of firms considering shifting their
    supply chains to the US to minimize risk in the aftermath of the pandemic—if well targeted—
    will ensure that IPR can meet or exceed its contractual obligations. As such, IPR should
    generate, by the end of FY2023, at least:

     ■ 4,400 new businesses
     ■ 26,000 new jobs


     153 These include inward foreign investment promotion (100% of I PAs), export promotion (56%), innovation promotion (56%),
         promotion of regional development (50%), green investment promotion (44%), domestic investment promotion (41%),
         granting financial incentives (31%), outward investment promotion (28%), trade facilitation (25%), and screening and
         approving investors (25%); see Organization for Economic Cooperation and Development, °Mapping of Investment
         Promotion Agencies in OECD Countries," 2018.
     154 Issued in February 2020, the waiver is expected to allow at least 10 new flights per day, creating 900 new jobs and increasing
          payroll by about $30 million (according to a study by Estudios Tecnicos, Inc.).
     155 With Federal approval, the waiver can be renewed every two years.


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     ■ $925 million in capital investments

     ■ $37,500 in average payroll committed by each new business

     10.7.4 Current state and pathforward
    To-date, a lack of Government oversight and resourcing have undermined IPR's effectiveness.
    IPR has been unable to present any data—beyond incentive performance figures already
    collected by DDEC—documenting the effectiveness of its promotional campaign to either the
    Government or the Oversight Board. Furthermore, IPR has been hampered by inadequate
    Government support for its promotional efforts: DDEC allowed IPR to operate on reserve
    funds for more than eight months between 2019 and 2020 as the department drew out
    contract negotiations. To support IPR's promotional campaign as part of the broader effort to
    help the Island recover from recent natural disasters, Vivienda has allocated $7 million in
    CDBG-DR funding to IPR.
    To successfully implement investment attraction reform, the Government must accomplish
    the following action items by their respective deadlines:

     EXHIBIT 65: REQUIRED IMPLEMENTATION ACTIONS FOR EFFECTIVE OFFSHORE
     INVESTMENT ATTRACTION
                       Arbon item                                                                                            •pelle t
                           Identify KPIs that IPR wiit report to AAFAF on a morally basis                                    • 1PR. AAFAF        May 30.2020

                           Develop dear list at target sectors and corny allies that1PR will target as IT works to take      • IPR               June 30.2020
                           advantage or eftorts to rebalance supPli chains toward Mat).S. and capitalize on the DOT
     To he
                           a Ir hub waiver and discuss with Ove reign! Board
     completed
     bolero I Y21121       Establish air nub working group comprised or DDEC. DPR. IPR Land AdmIni station. Ports                DDEC            June 30. 2020
                           Authodty. private Sector business an tl manufacturing a ssoci.4i on s, and the Oversig ht Board
                           to design an integrated economic deve loomed strafe oyln at leverages the newly-iSsued
                           DOT air hub waiver

                           S endKPl report lo AAFAF                                                                          • IPR               Monthly from Jllly 15.2920

                           updaie 2019-20 promobonzipian to dearly dotaii strategy to capture irrveslrn ents from            • 1PR               July 30. 2020
                           corn panies rebaiand n g their global atIppy Chains b r able to capitalize on the air hub

                           Publish annual performanca rep orl                                                                • IPR               Ann ually from Augos110.
                                                                                                                                                 2020

     To be             •   Design economic development strategy and sh are writ Oversight Board                              • vVoricIng group   September 30.2020
     completed in
     FY2021            • Discuss econ0 criC devela purer! Strategy and projected costs watt OVerSi Oa hoard                  • Vtrorting croup   Weber 15.2020

                       • PUPIIS /1 pro motion al plan for upcoming talon Oa' ye ar                                           • IPR               Annually from December
                                                                                                                                                 15. 2029

                       •   !me olory idle G overn merit pro penny s twilit dela Ile n prOperry ante me es).that E out cl     • DDEC              December 15.2020
                           be leveraged by Polenlial mainland and Foreign investors

                       •   Value the Inventoried properties In the Government porlfolio to set in err manse! paioneal        • DDEC              December 15.2020

                       •   Transfer DDEC's Government management pro pe rly learn and ou doei to IPR                         • DOW               January 1, 2021
     To he
                       •   Provide tne updated Inventory of avaJlable ',tonere e s for pate ntial relocnoons                 • IPR               Monthly from February.
     completed in
                                                                                                                                                 2021
     FT2022 and
     beyond            •   Perrorm a mantelvaivaii on of the invontoned p rop mire s lo update tl elr Markel value           • IPR               Annually from January.
                                                                                                                                                 2022




     io.8 Prime tourism attraction efforts for success
    To continue Puerto Rico's transformation into a leading Caribbean tourism
    destination, the Government must expand the mandate and resourcing of
    Discover Puerto Rico (DPR), the Island's Destination Marketing Organization
    (DMO). Despite its natural beauty and rich culture, Puerto Rico underperformed as a tourism
    destination even before the 2017 hurricanes. For example, the Island was ranked 55c in the
    2015 Travel and Tourism Competitiveness Report—an independent assessment of the




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     strength of the tourism sector in 141 economies conducted by the World Economic Forum.156
     Destinations across the globe have leveraged DMOs to attract visitors, generate economic
     activity, and create jobs.157 In Puerto Rico's case, DPR became fully operational in early 2019,
     when it launched its first promotional campaign and played an important role in driving
     record tourism performance in 2019. Effective management of on- and off-Island tourism
     marketing efforts will remain especially critical in the aftermath of the COVID-19 pandemic,
     which effectively crippled global tourism and the Island's industry and associated sectors (e.g.
     cruises) and is expected to reduce tourism employment in Puerto Rico by 37.5%.158

     10.8.1 DPR in comparison to other US and Caribbean DMOs
     DPR has a smaller mandate and lower budget in comparison to other DMOs. The typical DMO
     markets to six distinct segments: visiting individuals and families; groups (e.g. family
     reunions); Meetings, Incentives, Conferences, and Exhibitions (MICE); events (e.g. major
     sports tournaments); local residents; and airlines (e.g. purchasing airline ads, subsidizing
     seats). DPR, however, is only responsible for marketing to individuals, groups, and MICE;
     PRTC continues to manage event, internal, and airline marketing. DPR also has a smaller
     budget than other Caribbean destinations—$25 million (or $943 per available hotel room)
     compared to an average budget of $40.8 million (or $1,485 per room) for Caribbean DMOs.159

     10.8.2 Reform design parameters
    The Certified Fiscal Plan requires the Government to adhere to a set of parameters in order to
    enable DPR to capitalize on its early successes and continue leading the Island's emergence as
    a leading tourist destination. Specifically, the Government must:
     ■ Transfer internal (i.e., local), airline, and event marketing responsibilities
       (and the corresponding operating budget) from PRTC to DPR to centralize all tourism
       marketing efforts within one organization
     ■ Partner with DDEC and Invest Puerto Rico (IPR), the Island's investment
       promotion agency, to develop an integrated strategy to foster economic
       development that capitalizes on the recently-issued Federal Department of
       Transportation (DOT) waiver

     10.8.3 Reform targets
     DPR's initial performance indicates that the organization can effectively compete with top-
     ranked Caribbean DMOs and destinations in attracting visitors and growing the Island's
     tourism sector. As such, the 2020 Fiscal Plan requires the organization to meet targets that
     illustrate its effectiveness. Given the COVID-19 pandemic's impact on global tourism,
     however, no targets are in effect for FY2o2o-FY2o21.160 The below targets will become


     156 The mainland, for comparison, was ranked 6th that same year. See World Economic Forum, Travel and Tourism
         Competitiveness Index 2015, 2015.
     157 For example, the Barbadian Tourism Product Authority (TPA), created in 2014, helped increase the travel and tourism
         sector's direct contribution to Barbados' GDP (5.4% contribution in 2015, 10.3% contribution in 2016)and employment (4.3%
         contribution in 2015, 9.8% contribution in 2016). The creation of a DMO in New Orleans, LA was linked to higher business
         activity in other nearby cities as higher tourism demand for flights to New Orleans facilitated economic development in
         surrounding areas. And, in Chicago, the creation of a DMO helped raise the city's business exposure, resulting in a
         partnership between the city's DMO and its World Business Chicago (MC), the city's economic development agency, to
         promote the city as both a tourist and business destination. As a result, 70% of WBC marketing is conducted via Chicago's
         DMO; see Oxford Economics, "Destination Promotion: An Engine of Economic Development,' 2014.
     158 Discover Puerto Rico.
     159 DPR, Destinations International.
     160 Targets are reduced in response to a projected 71% reduction in global air travel in 2020 (relative to 2019) and a 58%
         reduction in 2021 (also relative to 2019).



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     applicable starting in FY2022, once the post-COVID-19 global economic and travel trends
     become more clear:
     ■ 5% year-on-year growth in the tourism sector's direct contribution to GDP161
     ■ 596 year-on-year annual growth in direct contribution to employment162
     ■ 7% growth in average travel receipts per visitor per year163
     ■ 8% growth in tourist visitors per year164
     ■ 12% growth in the number of meetings and conventions attracted to the Island per year165
    Additionally, DPR should prepare a scorecard illustrating how Puerto Rico compares to the
    top-ranked travel destination in the Travel and Tourism Competitiveness Index at the end of
    the first quarter of each fiscal year.166 This scorecard should be made publicly available on
    DPR's website and distributed to leaders of the Executive and Legislative branches, along with
    the Oversight Board.

     10.8.4 Current state and path, arward

    The operationalization of DPR appears to have contributed to a successful recovery of the
    Island's tourism sector after the 2017 hurricanes. COVID-19 has had an enormous impact on
    global tourism and the Island's tourism sectors. As Puerto Rico looks forward, the Oversight
    Board is encouraged that, according to third-party travel data, Puerto Rico was moving the
    needle of growth in this sector pre-COVID-19. The tourism sector's contributions to GDP and
    Island-wide employment surpassed historic trends in 2019,167 air arrivals and lodging
    demand reached record levels in 2019,168 and DPR's media campaign is attributed for spurring
    higher spend and longer hotel stays among visitors.169
    To support DPR's promotional campaign as part of the broader effort to help the Island
    recover from recent natural disasters, Vivienda has allocated $7.8 million in CDBG-DR
    funding to DPR. To successfully implement tourism marketing reform, in particular in light of
    the severe changes to the industry's future post-COVID 19, the Government must accomplish
    the following action items by their respective deadlines:




     161 As measured by the World Travel and Tourism Council (WTTC).
     162 As measured by the World Travel and Tourism Council (WTTC).
     163 Panama, the leading Latin American or Caribbean destination in this category as measured by the World Tourism
         Organization's "Yearbook of Tourism Statistics" (accessed via the World Bank Group's database), averaged 6.7% annual
         growth in tourism receipts (in USD) between 2009 and 2018.
     164 Peru, the leading Latin American or Caribbean destination in this category as measured by the World Tourism Organization's
         "Yearbook of Tourism Statistics" (accessed via the World Bank Group's database), averaged 8.4% annual growth in air
         arrival between 2009 and 2018.
     165 Argentina, the leading Latin American or Caribbean destination in this category as measured by the International Congress
         and Conventions Association's 2018 rankings, averaged 11.7% annual growth in in the number of international meetings
         and conventions attracted to the country between 2016 and 2018.
     166 For reference, an interactive version of Brazil's 2019 scorecard can be accessed at http://reports.weforum.orgitravel-and-
         tourism-competitiveness-report-2019/country-profilesMeconomy=BRA
     167 World Travel & Tourism Council, "Puerto Rico: 2019 Annual Research: Key Highlights,' 2019.
     168 Aerostar, AirDNA, Discover Puerto Rico, Smith Travel Research. In 2019, Puerto Rico welcomed 5.2MM visitors (2016, the
         previous record-holder, had only 4.8MM air arrivals). Similarly, lodging demand reach 4.7MM units (in both hotels and
         independent lodging units), up from 4.6MM units in 2017.
     169 ADARA Impact, Arrivalist. Visitor exposed to DPR media stayed 4.8 days on average (vs. 4.3) and spent an average of $217
         on lodging per night (vs. $199).


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     EXHIBIT 66: REQUIRED IMPLEMENTATION ACTIONS FOR EFFECTIVE TOURISM
     ATTRACTION
                  Action item                                                                          Drenei            Deadline
      To be         Establish air hub working group comprised of DDEC, DPR, IPR, Land                  • DDEC            June 30, 2020
      completed     Administration, Ports Authority, private sector business and manufacturing
      before        associations, and the Oversight Board to design an integrated economic
      FY2021        development strategy that leverages the newly-issued DOT air hub waiver

                  • Publish annual performance report                                                  • DPR             Annually from
                                                                                                                         August 15, 2020


                  • Create and share Puerto Rico's Travel and Tourism Competitiveness scorecad • CPR                     September 30.
                    with Fortaleza, the Legislature, PRTC, and the Oversight Board                                       2020


                  • Design air hub strategy and share with Oversight Board                             • Working group   September 30,
       To De                                                                                                             2020
      completed
                    Discuss air hub strategy with Oversight Board                                      • Working group   October 15.2020
      in FY2021

                  - Finalize all administrative and legislative changes required to transferintemal,   - PRTC,           December 15
                    airline, and event marketing responsibilities to DPR                                  Legislature    2020

                  • Publish promotional plan for upcoming calendar year                                • CPR             December 15.
                                                                                                                         2020

                  • Transfer all internal, airline. and event marketing responsibilities and           • PRTC            January 1, 2021
                    associated funding from PRTC to DPR




     Chapter 1 r. Power sector reform

     11.1 Introduction and context for energy reform
     An affordable, reliable, safe, and resilient electric power service is essential for the island's
     economic growth and development. Electricity is a fundamental enabler of the people of
     Puerto Rico's livelihoods, and remains a critical service that needs to be safeguarded,
     particularly in light of the outsized catastrophic events in 2020 (e.g. January 2020
     earthquakes, COVID-19 pandemic). And as an important element of household and business
     activity, electricity is also a critical factor for attracting and maintaining investment in Puerto
     Rico. The Puerto Rico Electric Power Authority (PREPA) has been responsible for providing
     electricity to Puerto Rico since 1941 and is a public corporation owned and operated by the
     government of Puerto Rico.
    However, PREPA has been encumbered by numerous financial and operational issues. Over
    the years, PREPA has failed to update rates to cover base operating costs, neglected to invest
    in modernizing the system, avoided funding the pension system, and failed to provide
    customers with reliable services. Furthermore, PREPA incurred significant legacy debt
    obligations, failed to implement a long-term capital improvement program, and made
    decisions based on short-term political gains (e.g., avoiding modest rate increases), all of
    which have culminated in consistently poor and unreliable service.
    This operating model has created an untenable financial situation for PREPA. Politicized
    management and volatile fuel prices — exacerbated by declining demand and an economic
    contraction — have resulted in PREPA's inability to service its debt, and ultimately resulted in




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    PREPA seeking PROMESA Title III bankruptcy protection in July 2017.170 For more than a
    year prior to filing for bankruptcy, PREPA lacked access to the capital markets to help fund
    grid and generation modernization investments, further contributing to the poor quality of
    service experienced by the island's residents and businesses.
     Underinvestment and underdevelopment of the grid, poor maintenance practices, and
     workforce losses all contributed to a chronically poor performing power sector. Puerto Rico
     has twice as many forced outages as the US industry average.171 PREPA also significantly
     underperforms against mainland utilities on multiple operational, reliability, and customer
     service metrics:
     ■ PREPA's 2018 reliability metrics lagged behind those of US utilities in every area SAIFI172
       and SAIDI173 metrics (frequency and system average interruption duration respectively)
       fall within the worst-performing 20 percent and 50 percent of US utilities, respectively,
       and CAIDI174 is the third-worst out of 1,116 peer US utilities.175
     ■ Safety incidents are high by utility standards: PREPA recorded 10.7 safety incidents per
       200,000 hours of labor in 2018 versus the US average of 1.7
     ■ Even though tree-trimming conditions caused 35 to 45 percent of service interruptions in
       2016,176 PREPA lacks a comprehensive vegetation management strategy and has been
       slow to spend the allocated FY2020 budget for vegetation management.177 In contrast.
       vegetation management is typically the largest spend category in US mainland utility
       operating budgets.178
     Over the next five years, the power sector in Puerto Rico must continue its transformation and
     modernization to support the delivery of reliable and affordable power. The Commonwealth
     must continue to implement a comprehensive energy- sector reform to enable a successful
     transformation and unlock the resulting growth from Fiscal Plan projects. The successful
     transformation of Puerto Rico's power sector depends an:
     1. Implementing regulatory reform: A strong and independent energy sector regulator
          is essential for injecting certainty and stability into the energy- market, promoting much
          needed investments, and enforcing compliance with the energy sector transformation's
          objectives. In recent years, the framework of regulatory reform has been approved and an
          independent regulator (i.e., PREB) has been established. The focus in coming years will be
          continuing to support the independence of the regulator and enabling the regulator to
          execute on its mandate. This will be accomplished by developing and strengthening the
          regulatory framework and promoting greater transparency and accountability.
     2. Transitioning the operation and management of PREPA's electricity grid and
        generation assets to private operators: Attracting a private operator to manage and
          operate Puerto Rico's Transmission and Distribution (T&D) network will improve
          operational performance and customer service, support rigorous capital project execution

     170 -Puerto Rico's Power Authority Effectively Files for Bankruptcy", New York Times, 2 July 2017
     171 'A review of PREPA's generation patterns reveals that PREPA, in fact, increased its reliance on the diesel generation fleet
          in FY2015 and FY2016, doubling its use of distributed generation turbines and tripling its use of the diesel Aguirre CC plant.'
          Fisher and Horowitz, revised November 23, 2016, Expert Report, 21.
     172 System Average interruptions Frequency Index (SAIFI)
     173 System Average Interruptions Duration Index (SAID!)
     174 Customer Average Interruptions Duration Index (CAI DI)
     175 North American Electric Reliability Corporation, 'Generating Unit Statistical Brochure 4 2014-2018 — Al Units Reporting,"
         (Excel data set, July 30, 2019), on -.Generating Unit Statistical Brochures,' accessed January 23, 2020.
     176 " .[PREPA] describes itself as always playing a catch-up game on maintenance — following outages, instead of improving
          the fundamental system." Fisher and Horowitz, Expert Report, 33.
     177 PREPA, "Professional & Technical Outsourced Services,' B2A YTD-Expenses. Budget to Actual Variance Report for the
          Fourth Quarter of Fiscal Year 2018-2019, data set, June 30, 2019).
     178 Vegetation Management Not Sexy, but Vitally Important," Smart Energy International, last modified February 8, 2019,


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         to modernize the system, strengthen grid resilience, and ensure ongoing fiscal balance and
         control. In early 2019, Puerto Rico's Public-Private Partnership Authority (P3), began an
         ongoing process to evaluate potential private operators to assume responsibility for
         managing and operating the T&D system. A similar process will be undertaken to select
         potential private operator(s) of PREPA's generation assets.
     3. Restructuring legacy debt obligations: In order to fund the transformation of Puerto
         Rico's power sector, PREPA will require access to capital markets. Given the utility's
         significant legacy debt obligations, a sustainable restructuring plan is necessary for PREPA
         to exit bankruptcy and regain access to credit. Without restructuring, customers will
         experience higher rates, resulting from repayment of a higher debt burden and risk
         premiums associated with bankruptcy. Ultimately, successful restructuring of outstanding
         bonds and debt obligations will allow PREPA to achieve its transformation goals, thus
         modernizing Puerto Rico's power grid, and passing on subsequent efficiencies and cost
         savings to end users.
     PREPA's Fiscal Plans and the government of Puerto Rico's energy sector regulations179 lay out
     the transformation road map. If successfully implemented, a reformed energy system will lead
     to a modernized and reliable energy service across the island: a diversified fuel mix and
     reduced fuel costs, anchored on low-cost generating resources which reduce price volatility;
     increased operational efficiencies; and a well-funded, financially sustainably utility. These
     outcomes will benefit the customers and businesses of Puerto Rico in enabling a more
     affordable, reliable, and safe electricity service.


     11.2       Energy regulatory reform and oversight
    The current regulator of the power sector in Puerto Rico is the Puerto Rico Energy Bureau
    (PREB), which has been operational since its creation by Act 57-2014. PREB has the
    responsibility to "regulate, monitor, and enforce the energy public policy of the
    Commonwealth of Puerto Rico."
    As Puerto Rico's energy sector is transformed into a vibrant, modern system, PREB will
    continue to be responsible for the development of a robust regulatory framework that will
    promote prudent investments by utilities, increase quality of service to customers, and ensure
    industry trends and technological advancements are appropriately incorporated into Puerto
    Rico's energy system. To that end, PREB's regulatory oversight will directly impact the utility
    and have significant influence on Puerto Rico's energy sector. To fully achieve its purpose,
    PREB should remain financially independent from the Government and its decisions, and its
    determinations should be free from any political influence or interference.
     Currently, PREB shares oversight role of the power sector with the Oversight Board. The
     following section provides a description of what PREB's roles and responsibilities will be in
     the long-term as well as the near-term delineation of oversight responsibilities shared with the
     Oversight Board. Additionally, a few structural elements are recommended to ensure PRES
     becomes a best-in-class regulator.

    11.2.1      Long-term mandate, authorities, and expertise for the energy sector
                regulator
    To be effective, PREB's regulatory authority and its mandate to promote an efficient, reliable,
    resilient, and customer-responsive energy system must be clear and well-established. In a
    transformed energy system state, PREB's responsibilities can be categorized as (1) rate setting,



     179 Puerto Rico Energy System Transformation, Act No. 120-2018; Puerto Rico Energy Policy Act, Act No. 17-2019


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     (2) Integrated Resource Plan (IRP) approval and compliance, (3) protecting customers, and
     (4) ensuring workforce safety.
     Rate setting: PREB should "review and approve and, if applicable, modify the rates or fees
     charged by electric power service companies in Puerto Rico."180 In doing so, PREB should
     ensure rates and rate structure are rational and predictable, minimize risk and "rate shock",
     and create incentives to support equitability and economic development. PREB should set a
     clear, transparent, and efficient process for rate cases. All rate adjustments and revisions must
     be approved by PREB before enactment. In this capacity, PREB must ensure that necessary
     operational frameworks are in place to not only provide a robust review process in line with
     best-in-class mainland US state regulators (e.g. New York), but also ensure that rate reviews
     are conducted efficiently and in a manner that does not adversely impact service performance
     or consumer confidence.
     In future rate cases, PREB should encourage several core principles to be incorporated
     including dynamic rate structures (e.g., time of use, rate decoupling, unbundling), prudency
     of investments, cost of service, and distribution of cost and revenue allocation.
    Integrated Resource Plan (IRP) approval and compliance: PREB is mandated to
    "review and approve policies and strategic plans...in connection with energy resources
    integrated planning in Puerto Rico, and oversee compliance therewith."181 During review,
    PREB should assess related policies and plans on whether they meet the objectives of Puerto
    Rico's energy public policy and promote energy service reliability, safety, efficiency, and
    affordability. During implementation of the plan, PREB should fulfill its role of ensuring there
    are no impediments to the integration of renewable resources, establishment of demand
    response or management, and adoption of energy efficiency programs.
     Protecting customers and customer service: PREB should be responsible for ensuring
     customers are reasonably protected in the energy system for factors such as affordability,
     information accessibility, and quality of service. This includes reviewing potential policies,
     rates, and capital projects for their potential effects on customers, and ensuring impacted
     customers understand and have the ability to respond in due course. Ultimately, PREB and
     the Oficina independiente de Protection at Consumidor (0IPC)182, as part of the Regulatory
     Board of Public Services, hold the responsibility of evaluating and providing determination in
     all cases of consumer complaints regarding pricing and quality of services provided by PREPA.
     Ensuring safety: PREB is responsible for ensuring the safe operation of Puerto Rico's
     utilities for workers and the public. This is particularly important given the high number of
     safety incidents PREPA has experienced by American utility standards (PREPA recorded 10.7
     safety incidents per 200,000 hours of labor in 2018 versus the US average of 1.7). 183 PREB
     should develop a comprehensive safety plan addressing overall safety culture at regulated
     entities and ensure that utilities have sufficient resources to comply with these plans. Finally,
     PRES should establish, track, and analyze key safety performance metrics, and monitor the
     effectiveness of utility safety programs.

    11.2.2      Expertise

    To implement its long-term mandate in a robust and effective manner, PREB should build
    expertise on topics that reflect the core regulatory priorities facing most regulators:
     ■ Generation planning and dispatch


     180 'ABOUT THE PUERTO RICO ENERGY BUREAU" htIps:llenergia.prgovien/about-the-commissionf.
    181 °ABOUT THE PUERTO RICO ENERGY BUREAU" https://energia.pr,govientabout-the-commission/.
     182 Independent Office for Consumer Protection (IOPC)
     183 PREPA, 2019 Fiscal Plan, 30


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     ■ T&D reliable operations and capital planning
     ■ Workplace safety
     ■ Customer service
     ■ Rate-making
     In addition, PREB can build expertise in topics that are increasingly addressed by regulators
     across the mainland so that Puerto Rico's energy sector is able to match pace with best-in-
     class utilities. By doing so, PREB can provide proper guidance to sector players on how to
     secure, modernize, and efficiently operate the grid. These topics include:
     ■ Contribution-in-lieu of taxes (CILT)
     ■ Renewable energy integration (distributed and commercial)
     ■ Weather-related risks (e.g., hurricanes, climate change)

     11.2.3 Authoritiesfor the energy sector regulators during transformation
     Until the transformation of the energy system is complete, it is important to clearly delineate
     the role of the Oversight Board and PREB with respect to energy sector regulation. The table
     below describes the role of each entity during the transition period:
     EXHIBIT 67: ROLES OF THE OVERSIGHT BOARD AND PREB DURING THE TRANSITION
     PERIOD

                          Oversight Board                                                       PREB

                                                                                                Approves the IRP The IRP process shall be open and
                          Approves revenue requirements and expenditures in the Fiscal
                                                                                                transparent so that third parties can understand inputs
                          Plan for PREPA. PREPA's Fiscal Plan should be informed by the
                                                                                                and methodologies behind each scenario. and be able to
                          results of the IRP and provide a clear framework for executing the
                                                                                                participate and attend hearings to understand the
                          modernization of generation resources.
                                                                                                decisions &ring approval of the final capital plan and
                                                                                                revenue requirement

                          Approves a yearly budget for PREPA that aligns with PREPA's           Authorize rates (either formulaic or on an expedited
      Budget and rate.
                          Fiscal Plan and thus should align with revenue requirements and       manner) which align with the budget as certified by the
      making
                          expenditures.                                                         Oversight Board.

                          Approves restructuring of existing debt through the Plan of           No authority
      Utility debt
                          Adjustment for PREPA.

                          Oversees liquidity management in the energy system, to ensure         No authority
      Liquidity
                          that consistent and quality energy service to customers is not
      management
                          disrupted.

                          As the representative of PREPA in Title ill. the Oversight Board      No authority
     iftle III            has the exclusive right to file a Plan of Adjustment. which will
                          contain any transformation-related agreements

                          Approves any operator that engages with PREPA           T8.12 and     No additional authority beyond PREB's existing oversight
     Transition to        generational operators) After the operators have been installed.      over PREPA_ including the issuance Elan Energy
     Privately            the Oversight Board will continue to ensure compliance with           Compliance Certificate as required under Act 120-2018
     Managed              PROMESA and the energy sector transformation objectives The
     Operations           interaction between PREPA, the operators. and the Oversight
                          Beard will be determined at a later date.
                         - —                                   — —
                          Track PREB's actions around distributed generation. net metering.     Continues to exercise duties and responsibilities (el
                          and CILT to ensure the regulator is providing proper oversight over   addressing distributed generation. net metering, and
      Other                                                                                     CILTI as outlined in its enabling laws, except when doing
                          these critical topics
                                                                                                so is inconsistent with the powers and authorities
                                                                                                delegated to the Oversight Board under PROMESA




     11.24 Structural elements to ensure a best-in-class regulatory agency
    Although administratively located within the Puerto Rico Public Service Regulatory Board
    (PSRB), PREB's decision-making process should not be subject to direct or indirect review by
    other government entities, except for any review under applicable administrative procedure


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     rules. Staff involved in substantive decision-making should be kept separate and independent
     from the PSRB and be fully dedicated to matters within PREB's jurisdiction and purview.
     PREB may, on an annual basis, provide funds to the PSRB to cover administrative and other
     operational costs, however, PREB's resources should be kept separate and shall not be
     controlled or placed under the direction of the PSRB.
    There are five key structural elements that will ensure PREB is a best-in-class regulatory
    agency:
     •   Governance: It is imperative that PREB's governance structure enable quick and robust
          decision-making. In line with best practices for regulatory commissions (e.g. California
          Public Utilities Commission, Hawaii Public Utilities Commission, New York Public
          Services Commission), PREB is headed by five commissioners who serve staggered six-
          year terms. The commissioners are appointed based on their technical, professional
          and/or academic credentials, with potential candidates identified and appointed through
          a candidate list developed by an external recruitment firm. The commissioners should be
          supported in their oversight role by professional civil servant staff that has utility expertise.
     •    Independent ratepayer advocate: All commission decisions in adjudicatory
          proceedings must comply with applicable requirements of administrative procedure.
          Separate from the regulator, there shall be an independent ratepayer advocate, a role
          currently filled by the Oficina Independiente de Protection al Consumidor (OIPC). OIPC
          should be well-funded so that it has the resources to meet its responsibilities. Currently,
          PREB transfers 10% of its budget to OIPC; as priorities evolve and the need for a robust
          consumer advocate increases, the government may — with the approval of the Oversight
          Board provide OIPC with additional funding.
     •    Employee structure: Presently, PREB must develop and implement a plan for
          transitioning from its existing employee structure to a structure comprised of no less than
          75% civil servant employees and no more than z5% trust employees.184,185 In the future,
          PREB must minimize the percentage of trust employees to 15%, and ultimately 109086
          During and after the energy sector reform process, PREB must have enough staff to
          effectively undertake its duties and responsibilities in a timely and professional manner.
          The selection, hiring, and management of PREB's staff must not be subject to review or
          approval by any other entity of the Executive or Legislative Branch.
     •    Budget: PREB's substantive independence must be supported by financial independence.
          Under current law, PREB's yearly budget is set at $20 million and collected through
          charges assessed on certified energy companies.187 To provide for a steady and predictable
          funding source, PREB's enabling act must be amended to provide that PREB's budget shall
          be funded entirely through rates, as part of the revenue requirement used to determine
          energy rates. PREB's funds are then collected by the T&D operator through customer bills
          and periodically remitted to PREB. This funding mechanism is consistent with the
          mechanisms used to fund peer mainland regulators. Providing for an independent and
          unencumbered source of income for PREB helps create the conditions to protect ratepayer
          interests, increase transparency, and reduce system costs. PREB's budget and funding
          must be kept separate and independent from the Commonwealth budget or the budget of
          any other Commonwealth agency, entity, or instrumentality, and neither the Executive nor
          the Legislative branches shall have authority to modify PREB's budget or reapportion any
          of PREB's funds without PREB's prior consent. However, PREB is subject to periodic

     184 Trust employees" includes any employees that are related to political appointments, non-civil service appointments, etc.

     185 To show that this has been completed, PREB needs to submit an organization chart showing the split of employees (civil
         servant vs. trust) no later than the end of 01 of FY2021.
     186 Relevant milestones and deadlines are shown in Section 11.5, Exhibit 68, and Exhibit 69.
     187 Amount in line with other jurisdictions; the Hawaii Public Utilities Commission had revenues of $19M in FY2017 to serve a
         population of 1.4 million.


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        reviews from relevant authorities for use of public funds, which is consistent with all other
        government agencies in Puerto Rico.
     ■ Transparency: To achieve best-in-class status as an energy system, transparency is an
        indispensable factor. PREB must ensure that proactive transparency permeates relevant
        energy operations (i.e., this should exclude confidential information such as customer data
        and operational details that would increase cyber or risk vulnerabilities, etc.). This may
        include making information publicly accessible, maintaining quick and efficient decision-
        making, and holding public events when appropriate in order to consider public opinion.
        Additionally, PREB must uphold transparency in its own financials and operations,
        including disclosing how it utilizes its annual budget.


     11.3 Vision and structure for an energy system operator
     Private operators for T&D and generation operations will be responsible for executing Puerto
     Rico's energy system modernization strategy as well as assisting with the allocation of related
     federal funding. Each private operator's overall objective will be to improve service quality and
     deliver reliable service at just and reasonable prices. As such, a private operator will be
     motivated to deliver financial and operational performance improvements across five
     dimensions:
     ■ Reduced costs by introducing experienced personnel. A private operator would
        be incentivized to reduce PREPA's dependency on outsourced contracts by insourcing
        activities, empowering the local labor force, and potentially achieving economies of scale.
     ■ Upgraded technology. While PREPA has limited access and experience with industry-
        standard technology, a private operator would be incentivized to deploy modern grid
        technologies, digital capabilities, and infrastructure to significantly enhance operational
        efficiency, thus lowering O&M costs and customer rates over time through better asset
        utilization.
     ■ Improved processes and procedures. Drawing on operational expertise, a private
        operator would be incentivized to streamline and standardize critical management
        processes and implement operational efficiencies (e.g. processes such as procurement,
        contract management, maintenance, etc.). A private operator can also leverage experience
        in customer service to improve PREPA's responsiveness to customer needs and
        expectations.
     ■ Limited political interference. A private operator's decisions would be subject to
        independent regulatory oversight, but free of political interference. This would lead to the
        adoption of standard industry practice where experienced utility operators make
        operational decisions with oversight from an independent regulator (e.g., investment
        decisions made based on overall benefit to the system, instead of short-term political
        gains).
     ■ Effective and efficient capital delivery. A private operator would be incentivized to
        establish the tools and processes critical to improving PREPA's capital project
        management. This will be key to unlocking the federal funding required for grid
        modernization improvements, which in turn will aid PREPA in strengthening grid
        resilience.


     11.4 Energy sector debt restructuring
    As of May 2017, PREPA had $9.25 billion of outstanding bond and other debt obligations, and
    an unsustainable repayment schedule; PREPA would have had to repay approximately $4.5


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     billion of debt service obligations between FY2o19 and FY2o23. PREPA's unsustainable
     capital structure reflects persistent operating deficits, resulting from overly low base rates and
     high operating costs. As long as PREPA remains in bankruptcy, it poses a risk to suppliers and
     partners, potentially increasing costs and delaying progress in rebuilding after major
     catastrophic events (e.g. hurricanes, earthquakes, COVID-ig).
    To restructure PREPA's debt, a debt restructuring agreement among a group of PREPA
    creditors, the Oversight Board, the Government, and PREPA is in progress. However, as a
    result of the uncertain and unpredictable effects of COVID-ig on PREPA and its customers,
    the Oversight Board has requested delays in the court process to assess and understand the
    implications of COVID-1.9 on the bankruptcy process.


     11.5 Implementation and enforcement of power sector
           reform
    To achieve Fiscal Plan savings projections, several reforms to the power sector must be
    implemented immediately. Several of those measures recommended in earlier Fiscal Plans
    already have been completed and are listed in Exhibit 68.
     EXHIBIT 68: COMPLETED MILESTONES FOR POWER SECTOR REFORM

                                                                                                             Responsible
      Area of focus Action item                                                                              party                  Completed
                            Provide interim feedback on PREPA's Integrated Resource Plan PREB                                       August 14.
                            (IRP)                                                                                                   2018

      Implement             Remove CW govemmentapproval needed forPREBstaff                                  OW         April               11
      regulatory            appointments                                                                     government 2019
      reform
                            Revise charter legislation to provide dedicated funding for                      CW          December
                            power sector regulation that provides regulator with annual                      government 31. 20181
                            budget of $20 million in line with benchmark

                            Perform market sounding to collect feedback an interests and P3 Authority 1 December
      Transition            concerns from interested parties for generation asset        Oversight      2019
      to private            privatization                                               Board
      operators


       h•rN c-. P211.11.I   4IIal elccnol•Lnh, rrki•Trnr,VZ   OURPUM 11,052,.. is P.0,7": RiI N...301 lick-wined awrxr ow-5 yi rot 41




     Exhibit 69 describes the additional reforms required to ensure the transformation of the
     electricity sector and compliance with the Fiscal Plan, and to meet the Fiscal Plan growth and
     revenue targets. Several of these reforms were outlined in the June 2019 PREPA Fiscal Plan
     and remain incomplete (demarcated with *).




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     EXHIBIT 69: PENDING MILESTONES FOR POWER SECTOR REFORM
      Area of focus             Action item                                                                                                   Responsible party          Deadline
                                Appoint the remaining PREB commissioner to serve staggered six-year terms*                                    CW government              September          30-
                                                                                                                                                                         2120

                                Increase number of PREB staff in line with appropriate benchmarks'                                            PREB                       June 30. 2021

                                Amend PREB enabling act (Act 57-2014) to stipulate that PREB's budget will be funded                          PREB                       June 30. 2021
                                through rates
       Implement                Reduce the percentage of trust employees to 15% of total employees                                            PREB                       June 30. 2021
       reg Ulato ry
       reform                   Reduce the percentage of trust employees to 10% of total employees                                            PREB                       June 30. 2922
                                Conduct a study and issue a recommendation to the Legislature on optimal GILT                                 PREB                       September          30,
                                structure '                                                                                                                              2020'

                                Develop a CILT ;access by which municipalities pay for electricity consumption not                            MED.                       December           !.1
                                covered by CILT. and are able to file complaints related to CILP                                                                         2020

                                Approve IRP                                                                                                   PREB                       in process

                                Select a winning proponent is manage and operate PREPA'sT&D system'                                           P3 Authority               May 31. 2020

                                Prepare for and launch RFD for the selection of a proponent for PREPA's generation                            P3 Aulttonty               June 15. 2020
                                assets
                                Prepare for and launch RFP for the selection of a proponent for PREPA's generation                            P3 Authority               October 15. 2020
       Transition to            assets
       private
       operators                Select a winning proponent to manage and operate PREPA s existing generation assets                           P3 Authority               April 15, 2021

                                Impternenl recommended operational initiatives outlined in certified fiscal plan for PREPA PREPA                                         June 31. 2021
                                to ensure operational and financial efficiency

                                Implement approved 1RP and grid modernization plan to ensure a modernized. resilient.                         PREPA                      Ongoing
                                and tetra bie grid

       Restrv clure
                                Confirm Title ill plan of adjustment                                                                          FOMB                       To be determined
       legacy debt
                                Implement PREPA plan of adjustment                                                                            PREPA                      To be determined
       obliga I ions

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           win:mimics if asy df delivering Ins necnancru BP0 my Su44RCS




     Chapter 12. Infrastructure reform
     Relative to the mainland US, Puerto Rico's infrastructure outcomes rank near the bottom in
     terms of quality. For example, the percentage of road pavement in good condition is 11% in
     major highways and 1% in smaller traffic arteries, significantly underperforming the average
     of the mainland US (81%).188 The poor state of transport infrastructure has contributed to
     congestion and thus impacted the ease of doing business on the Island. Improving the
     efficiency and effectiveness of infrastructure and capital investments is critical to improve
     mobility on the island, increase convenience for residents, and lower the costs for business.
     Improving these outcomes will enhance the island's competitiveness and the ability to attract
     and retain population and investment.


     12.1 Current state of infrastructure and capital investment
     Infrastructure investment as a percentage of GDP decreased from 3.3% in 2000 to 1.2% in
     2018, indicating a lack of recent experience in large-scale building.189 The Government also
     has a history of failed large-scale projects. For example, Tren Urbane was scheduled to open
     on July 1, 2001 after beginning construction in 1996; it finally opened in 2005 and the budget
     for the project increased more than 6o%, from $1.38 billion to $2.25 billion.


     188 htips://www.fhwa.dot.gov/policyinforrnation/statistics/2016/hm64.cfm
     489 American Society of Civil Engineers, 2019 Report Card for Puerto Rico's Infrastructure


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    In addition to the challenges with infrastructure delivery and maintenance, the poor state of
    transport related infrastructure is a key constraint on mobility. Puerto Rico is ranked 51st out
    of 52 jurisdictions for quality of roads (percentage of roads in poor conditions), while urban
    congestion is particularly problematic in the San Juan metropolitan area and on major
    highways.19° San Juan is the 25th most congested city in the US according to the INRIX 2019
    Traffic Scorecard Report with 46 hours yearly lost per driver in congestion during peak
    commute periods compared to free-flow conditions, resulting in —$400 million of annual
    commuter cost.191
     Improving traffic on major highways, such as PR-52 and PR-18, is critical to enhancing
     growth. A 25% reduction in travel time for trips coming into and out of the central business
     district can reduce travel cost by over 6% (NCHRP Report 463). Investments to reduce
     congestion should prioritize the most economically important trips or provide alternative
     travel capacity to enable access despite congestion (Sweet, 2013). Targeted investments, such
     as "smart intersections", dynamic tolls and reversible lanes using movable barriers will reduce
     delays on key routes and journeys and facilitate economic growth.192
     However, Puerto Rico still has a lot of work to do in order to transform its transportation
     delivery organizations, enabling them to meet the standards set by other states in the US
     mainland. Such a transformation effort would mainly revolve around the following key
     initiatives:
     1. Prioritizing projects with the highest long-term benefit-cost ratios, taking into
         account a variety of monetizable and non-monetizable benefits
     2. Systematically leveraging private sector capabilities to improve overall public
         outcomes, thereby supporting and growing the private sector as well
     3. Promoting the creation of a unified transport system for the San Juan
        metropolitan area through an integration of public transit agencies and a closer
         collaboration with private network operators


     12.2       Implementation of infrastructure reform
    The Government should employ infrastructure delivery best practices (e.g. prioritization of
    projects for economic impact, fast-track permitting, procurement reform). Competitive
    processes need to be engineered into the capital budgeting process for Puerto Rico.
    Competition between capital projects helps assure that scarce resources are used effectively
    and equitably. This is achieved by establishing appropriate processes, procedures, definitions,
    information and analytic requirements, roles of actors, submission requirements, review
    criteria and programming responsibilities. All of these require formal capital budgeting
    practices and the elimination of the ad hoc practices.
    These best practices improve efficiency and transparency and should be applied to all areas of
    infrastructure expenditure of the Commonwealth including: reconstruction, construction and
    maintenance of government owned assets, and procurement of infrastructure through public
    corporations and Public-Private Partnerships (P3s) and coordinated by COR3.
    A timeline for the implementation of infrastructure reform can be found below (Exhibit 70).
    The Government must fulfill the milestones of this timeline to comply with the Fiscal Plan and

     190 https://www.statista.com/statistics/907676/infrastructure-road-conditions-in-the-us-by-state/, 2019 HTA reports
     191 http:Mnrix.com/scorecard/
     192 See, Jamal Haidar, ''The impact of business regulatory reforms on economic growth," Journal of the Japanese and
         International Economies, Vol 26, 2012, pp. 285-307. In addition, there are several studies that review the impact of
         decongestion of roads on growth. Two examples are: New Zealand Institute of Economic Research, Benefits from Auckland
         road decongestion, July 2017, and Clifford Winston and Quentin Karpilow, A New Route to Increasing Economic Growth
         Reducing Highway Congestion with Autonomous Vehicles, Mercatus Working Paper, January 2017


                                                               141.




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     to remedy the main flaws of the current transportation landscape on the Island (i.e., the
     significant congestion of major traffic arteries, the poor condition of highway infrastructure,
     and the inefficiencies in the operation of transportations assets). Concerns around the roll-out
     of Commonwealth-wide procurement best practices and the establishment of standardized,
     objective project prioritization goals remain and should be promptly addressed:
     EXHIBIT 70: IMPLEMENTATION TIMELINE FOR INFRASTRUCTURE PROCESS REFORM
     AND CAPITAL IMPROVEMENT PLAN DELIVERY

         Pae.vuuR                                 Action Rem                                                                   Responsible Party'   deadline
         [leveled Peng -term strategic            Deane and putiisri main :Mena Tor infrastructure project pnerakranon         1-TAI DTOPr PRITA    Neve inner 30. 20243
         uarastrUCture plan anti pnOrrate
         InyeStrnentS WIWI!! Age ndes

                                                  Arbalyla prOJe CtS an d rankthem ac,cnrcling to their promo trail dine       HTN DTOPI PRri- A    January 31, 2921
                                                  pnefIllie d dile da


         Accelerate pre-consit 'tenon             Conduct a diegnestic       pne-Construclion process, idenlitging potential   HTN DTOPI PRITA      February 28. 2021
         Process                                  bolpene cks


                                                  Identity best p radices to overcome call en ecics an d levered e them to     HTAt DTOPI PRITA     Fe tiruary 243. 2921
                                                  accelerate pre-constru clam process


         Rued sustainable ro nd did models        Conduct a diagnostic or externalfunding°pportunInesandpursuethese            HTAI DION PRITA      May 31.2021
                                                  OppOrtunides meth a rOPOP1Fre promotion strategy


                                                  Compiled del ot reduletorr f3arnirrs to the vpti mica n Oda m rstc           HTA/ PTOPI PRrTri.   May 31. 2021
                                                  Milano opportunities and remove mete earners oritniedi 5121Iva ace on
                                                  (e.g., fine rationaltzation)


         Promote delivery hest practices          Determine opportuntlies to make cordractlnd skeledies more met-              HTN MCP/ PRITA       July 21. 2021
                                                  ere dive


                                                  Leverage Wiese o pp °dun Ines in pi Int prole ds and assess the res LOA g    MN DTOPI PRITA       October 11.2921
                                                  outcomes


         Ingest in innovative                     Introduce. dyne mIctoil ianes an cl opt MVP traffic signailnd lo manage      HTN FAF AF           January 31.2022
         tianSpOrtatiOn projects                  congestion that are currently under construction




          .7-iryci   etry=cirialits me—     •y   f • [ - T. s4c.   •     -                        T^=,   • n"




     12.3 Implementation of public transportation reform
    The state of transit on the Island deserves special focus. Transit has particularly low mode
    share, reflecting its poor performance, especially to the detriment of Puerto Ricans without
    the means to own a private vehicle. Further shifting demand from more space-intensive to less
    space-intensive means is over the long-term one of the only enduring ways to fight congestion
    that is stifling economic development. The Government should promote the establishment of
    a unified island-wide transport system, which would give all Puerto Ricans access to a reliable
    way of travelling from one city to another for leisure or business, thus bolstering economic
    activity in the San Juan metropolitan area and beyond while decreasing environmental
    impacts of travel and congestion. Although these initiatives would ideally be implemented by
    an integrated PRITA, their implementation can and should start today.
     The creation of such a system would mainly rely on the implementation of the following
     initiatives:
     •        Integrate all transit assets under PRITA: PRITA should be empowered to fulfill its
              original intention, and act as a unitary transit authority by managing all transit on the
              island (e.g., all buses, ferries, Tren Urbana). The Ports Authority would continue to retain
              control over airports and ports. As a result, the Government can help PRITA pursue federal
              grantee status as these new roles and responsibilities require (e.g., FTA grantee status).


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     ■ Integration of public transit networks: Even before the creation of a unified agency
         in charge of transit in the Island, the existing public transit agencies of the San Juan
         metropolitan area must integrate their operations to maximize ridership by increasing
         both the legibility and usefulness of the system. Example initiatives include:
         — Adoption of a single farecard for all transit networks, in order to give the residents of
           the San Juan metropolitan area the opportunity to store their balances in one location
           and to use the same form of payment across different systems.
         — Harmonization of fares and schedules across TU, buses and ferries, in order to enable
           commuters to transfer from one means of transport to another without time delays or
           other obstacles.
         — Design of a coordinated network of routes, in order to expand the combined coverage
           area of public transit and to increase the attractiveness of multimodal mobility, creating
           high-frequency trunks, with timed transfers to a useful branch network.
         — Pooling of data resources, in order to conduct common research on the design of new
           initiatives, such as the creation of a master time schedule and of a coordinated route
           network. Pooled schedule data will also facilitate the creation of unified transit apps
           that make it easier for users to navigate the system.
         — Redesign of the physical landscape around transit stations in order to a) make stations
           more accessible to pedestrians and b) increase the visibility and attractiveness of
          stations in the broader community.
     ■ Coordination of public transit systems with private transport networks: Public
         transit agencies should also collaborate more closely with private transport networks (e.g.
         Publicos, Transportation Network Companies), which carry —5o million passengers per
         year and carry the vast majority (65%) of total transit rides in the San Juan metropolitan
         area) 93 If public agencies and private network operators were to implement a series of
         joint initiatives (e.g., fare integration, station re-design, schedule integration, multi-modal
         trip planning), transit service quality would increase, leading to a likely increase in
         ridership as well. For example, commuter rides would become faster since San Juan
         residents would be able to benefit from the extensive networks of private operators as well
         as from the speed of public assets such as TU, which avoids gridlock.
     ■ Improvement of curb management practices: Public transit agencies should work
         with the Government and local municipal authorities to promote the adoption of
         innovative curb management practices (e.g., dynamic pricing for on-street parking,
         replacing on-street parking with drop-off zones). These practices would raise the cost of
         car usage and would incentivize commuters to use public transit. They would also generate
         funds that could improve service quality in the communities they service (e.g., construct
         more and better bus shelters)
    Overall, these initiatives would contribute to the decrease of average commute times for the
    residents of the San Juan metropolitan area, thus resulting in substantial labor productivity
    gains. At the same time, they would enable public transit networks to increase their ridership
    and their revenue, thus having a smaller need for subsidies from FTA or the Government.
    These measures should be led by agencies responsible for various assets (HTA, ATM, PRITA)
    until the transformation of PRITA into a true transit authority is complete, at which point
    PRITA should become the responsible party across assets.




     193 Data comes from FY2011 actuals included in the Puerto Rico Lang Range Transportation Plan, published in December 2013


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     EXHIBIT 71: IMPLEMENTATION TIMELINE FOR PUBLIC TRANSPORTATION REFORM194

     Madam                               Action item                                                                  Responsible party,            t7•rFOri

      integrate transit assets under a   Compite a comprehensive list of assets that wfil be transferre0 to PRITA     PRITA . DIOR RCA, ATM,        December 31.2020
      unified PRITA                      and create a legal framework lo formalize new institution wield esign tied   eatFAP
                                         ittridino for subsidized as eels, as necessary su Omuta iernsiature

                                         Approve leois I ali on for new ban sil asset onganizaton                     CW Government                 January 31, 2021


     Assess in frestrucrnre priorities   Adopt a single farecard for all publichans it n etworks                      1-iTA, ATM. PRITA             Decembef 31.2020
     and priernize Investments


                                         Harmonize fares and s chedu I esaccoss T1J. buses and ferries                1-17A, ATM. PRITA             December 31.2020


                                         Pool data resources in ortferto Conduct common reseanli OD rubffe            1-ITA. ATM. PRITA             December 31,2020
                                         initiatives


                                         Design a coordinated network of pu brio Iransd mules                         PRITA                         March 31. 2021


                                         Begin redesigning bi e physical landscape arou nd transit stations           PRITA                         December 31,2021




     Promote delivery bestpractices      Design a series of inibatives that could be implemented In collaboration     IIIRTFA                       December 31,2020
                                         with private bans port n etwOrka fee_ Pliblicoa)


                                         Doe I op a strategy of reaching sults parole transport network               PRITA. Public Service         January 31. 2021
                                         operators                                                                    Bureau. Private third-parry
                                                                                                                      stakeholders


                                         Establish partnersrnas with private Van sport networks and begin             PRITA                         April 30, 2021
                                         executing joint initiatives (e.g., a chedule i ntegretion)to bo051ndership


     Invest in innovative                Identify existing CUrb manage mert pradices that in centnize Puerto          PRITA                         December 31.2021
     transportation projects             Ri can s to utilize mass transit infrastructure


                                         Introduce new iegair regulatory framework in order to eliminate these        PPJTA                         January 31. 2022
                                         curb manage me nt practices that disificenfirize use oilcans it




     194 In the event the transformation of PRITA has not yet been complete, the agency should still take a leading role in the design
          processes laid out above



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     PART V: Transforming government to better
     serve the Island
     In addition to structural reforms, the Government must also implement fiscal measures to
     create a sustainable fiscal future for Puerto Rico. Fiscal reforms should reduce costs while
     maintaining or improving the quality of important services. The wide range of government
     efficiency initiatives shall target an increase in revenues through new and more efficient
     collections activities, while decreasing government expenditures by ensuring reasonable usage
     of resources.
     While the Government has successfully maintained balanced budgets established by the Fiscal
     Plans, it has been slow to make meaningful progress regarding the necessary measures to
     sustainably reduce the cost of operations by transforming its processes and organizational
     structures. This has created a precarious risk to government service delivery, especially given
     recent earthquakes and the COVID-19 crisis, when Puerto Rico's population is more reliant on
     the Government to effectively and efficiently provide them the public services that enable life
     to proceed and the economy to recover. While the Oversight Board continues to believe that
     incremental government efficiency measures included in the 2020 Fiscal Plan are of the
     utmost importance for the Island to establish a solid foundation for the future, the Oversight
     Board also recognizes that given the complexity of the situation and lack of progress in
     implementation to date, pausing new measures for a year will provide time to focus all efforts
     on implementation of the changes that need to be effected. The Oversight Board urges the
     Government to re-commit to identifying and driving initiatives that will result in better
     processes, more efficient spending, and greater quality of service for the Island. The 2020
     Fiscal Plan also introduces the concept of milestone budgeting, which provides incentives for
     achievement of longstanding key fiscal goals and efficiencies. For example, the Department of
     Corrections will receive additional budget allocations for FY2021 capital expenditures once it
     has provided an outline for its facility footprint and consolidation assessment study.

     Fiscal measures
    Agency Efficiencies (Chapter 13). A new model for government operations will "rightsize"
     the Government through agency consolidation and reduction and/or elimination of
     government services. It includes comprehensive reform initiatives in the Departments of
     Education, Health, Public Safety, Corrections, OCFO, and Economic Development, as well as
     consolidations and reductions within the long tail of other agencies. Agency efficiency
     measures must result in $1,215 million in run-rate savings by FY2025.
     Office of the CFO (Chapter 14). The Office of the CFO ("OCFO"), will be responsible for—
     and crucial to achieving—a variety of reforms to ensure the most efficient financial
     stewardship of the Island's resources.
     Medicaid Investments and Reform (Chapter 15). Healthcare measures seek to reduce the
     rate of healthcare cost inflation through a comprehensive new healthcare model that
     prioritizes quality relative to cost and must result in $318 million in run-rate savings by
     FY2025, projected to grow with healthcare inflation.
    Tax Compliance and Fees Enhancement (Chapter 16). Tax compliance initiatives
     involve employing technology and other innovative practices, as well as implementing new
     taxes, to capture revenue from under-leveraged sources. These initiatives must increase run-
     rate revenues by $462 million by FY2025.
     Reduction in Appropriations to UPR (Chapter 17). The central Government will decrease
     appropriations granted to UPR, which must result in $282 million in run-rate savings by
     FY2025.

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     Municipal Services Reform (Chapter 18). The annual Commonwealth appropriation to
     municipalities will also be gradually phased-out in its entirety, which must result in $220
     million in run-rate savings by FY2025.
     Pension Reform (Chapter 19). Improvements must be made to the current PayGo system
     and framework for Social Security and Defined Contribution Plan implementation in order to
     safeguard the financial stability of public employees' retirement funds. These pension reform
     measures must result in $74 million of net run-rate savings by FY2025.195
    Together, these measures are crucial to the structural balance of the Commonwealth's budget,
    and are projected to have an impact of over $10 billion during FY2o2o-2o25 and over $85
    billion by FY2049 (Exhibit 72).

     EXHIBIT 72: CUMULATIVE IMPACT OF FISCAL MEASURES SAVINGS AND REVENUES
      Impact of fiscal measures',

       • Agency eftciencies2                                             Pension reform
                                                                                                                  85,346
           Medicaid Reform                                               EfTC
       II Tax Compliance and fees enhancement
          UPR and municipal appropriation reductions
                                                                                                         10,034




                                                                                                         5.4387
                                                                                                                  15.836

                                                                                                          60'
                                                                                                                  15,076
                                                                                                          2,232
                                                                                      2,206    .-_;b8
          1,096                   766                                                                             13.531
                                                                                    =111                  2.281
                                                                                                            153     6,311
                                                                                                        4220       -6.119
           FY20                   FY21                 FY22              Fy23         FY24    FY25       FY20-2   FY20.49
      • z■••         [••          .--ee t9riiinIWARM   C•!■■■,.dWv MAI
      ! Ft.    ••■         !WI!                     .emext..±-




     / 95 Excludes savings attributable to the upfront payment to System 2000 participants


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     Chapter 13. Agency efficiency reform
    In accordance with Section 2o1(b)(1) of PROMESA, the Fiscal Plans for Puerto Rico "provide
    a method to achieve fiscal responsibility and access to the capital markets." When the Fiscal
    Plan process began in 2017, the Government had approximately —116,500 employees across
    114 Executive Branch government agencies, as well as agencies within the Legislative and
    Judicial branches (excluding large instrumentalities, e.g., PREPA, PRASA, HTA UPR,
    COSSEC, GDB).196,197 These agencies were ineffective and inefficient in delivering the
    services needed by the people of Puerto Rico, while consuming resources that
    were outsized compared to the population served. Even now, compared with states
    serving similar populations, Puerto Rico remains an outlier in terms of sheer number of
    agencies. For example, as of 2018, Iowa only had 36 state agencies and Connecticut had 78.
    Staffing and managing an organization of this size is challenging even in a stable economic
    environment. With over 100 direct reports to the Governor, it has been a practically impossible
    management task. In addition, notwithstanding the amount of spending, there are
    countless examples of subpar service delivery across the Government. For
    instance, despite having six agencies primarily dedicated towards the financial stewardship of
    the Island, the Government has been unable to consistently issue consolidated audited
    financial statements on a timely basis. Further, Puerto Rico's education system has a record
    of consistently delivering unsatisfactory student outcomes, including below- US mainland
    average graduation rates and standardized test scores that are far below basic proficiency
    levels.
    To assure the delivery of essential services while achieving financial sustainability, the
    Government must focus on operational efficiencies to enable better service
    delivery in a cost-effective way. A leaner, more efficient, and transformed future
    Government of Puerto Rico should wherever possible reflect mainland US benchmarks in
    terms of both number and size of agencies.
    As part of the new Government model, the Government should consolidate the 125 agencies
    into no more than 44 agency groupings and independent agencies (see Section 0). In some
    cases, these consolidations should better focus the competing efforts of multiple agencies, such
    as the Economic Development grouping, which is consolidating ten agencies into one. In other
    cases, the consolidations should serve to move services closer to residents, such as the
    Healthcare grouping, which will consolidate access points to important services like Medicaid.
    Additionally, consolidations will enable agencies to streamline back-office processes,
    eliminate duplicative resources and benefit from procurement efficiencies.
     In addition to agency consolidations, the Fiscal Plan outlines operational and process
     improvements that must be made to more efficiently use resources—including staff,
     equipment, services, and buildings—across agency groupings such as Education (PRDE),
     Corrections (DCR), Health (DOH), and Public Safety (DPS). The goal of such efficiency
     measures is to improve the quality of the underlying services for the population while also
     directing valuable resources toward priorities and achieving the cost savings needed to balance
     the Government budget.
    These measures were developed through an iterative process with the Government and are
    designed to ensure compliance with necessary savings targets without compromising the
    quality of public service delivery on the Island—and actually improving it in many cases. These
    measures include various agency-specific efficiency (rightsizing) measures as well as certain
    government-wide savings measures:



     196 Excludes transitory employees
     197 Excludes agencies which currently have $0 operating budget and no employees


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     • Agency-specific personnel measures: Personnel efficiencies specific to each agency
        (such as back office consolidation, process re-engineering to enable headcount rightsizing
        and align resources with mainland US state benchmarks) that will enable the reduction of
        payroll expenditure levels
     • Agency-specific non personnel measures: Operational efficiencies specific to each
        agency (such as procurement centralization and optimization of spend, consolidation of
        facilities) that will enable the reduction of non-payroll expenditure levels
     • Government-wide compensation measures: Standardization of personnel policies
        throughout government (including institution of common healthcare benefits, a hiring
        freeze, and limited holiday pay, as well as elimination of the Christmas bonus and
        carryover of sick/vacation days beyond the statutory caps) to enable the reduction of
        payroll expenditures across agencies without reducing additional employees
     • Government-wide non personnel measures: Energy efficiency improvements and
        conscious usage of electricity and water (e.g. PREPA and PRASA), resulting in savings on
        utility expenses. Further, reductions to professional services to enable the
        professionalization of the civil service and reduce reliance on outside consultants. Finally,
        elimination of `englobadas' or less transparent spending, which impacts fiscal controls and
        accountability.
     • Investments and other ,funding: Agency-specific one-time or recurring funding
        provided by the Fiscal Plan to ensure Government agencies can meet federal requirements,
        provide quality front-line service delivery, respond to COVID-19, and focus on
        implementation of efficiency measures.
    To date, the Government has unfortunately not demonstrated meaningful
    progress in implementing agency consolidations or otherwise improving
    operational efficiency, though they have generally met budget targets.
    To achieve personnel savings, the Government has primarily utilized broad-based early or
    incentivized retirement programs (e.g., the Voluntary Transition Program and Voluntary Pre-
    Retirement Program (Law 211-2015, as amended)), instead of driving optimization of back-
    office roles (e.g., through reduction of duplicate administrative roles in DCR or centralizing
    back-office operations in OCFO) or initiatives to align front-office roles with benchmarks from
    mainland US states (e.g., State Elections Commission personnel). The Government's efforts
    through these untargeted retirement programs have led to large payouts with high retirement
    rates, major gaps in skills and capabilities, and a slower, less effective government, often
    encouraging needed personnel to retire early.
    To achieve non-personnel savings, the Government has made little to no changes in the
    procurement processes or the organization of operations. While the Government has reported
    its intent to centralize procurement (within GSA), consolidate the number of contracts across
    agencies, and consolidate physical locations of operations, inefficient spending often
    continues longer than necessary (e.g., utility expenses at closed schools have largely continued
    even though the school is unused, and officers continue to be staffed to guard closed
    correctional facilities).
    While this approach enabled the Government to meet budget targets in FY2oig,
    it has prevented meaningful progress towards more effective or sustainable
    agency operating models. Without changing the way services are delivered and/or
     determining which non-priority government activities will be discontinued, simply reducing
     headcount risks exacerbating already outdated government operations. Going into the next
     fiscal year (FY2021), this approach to personnel reductions would lead to a need for agencies
     to take drastic actions (e.g., decreasing the accessibility or quality of services offered, or
     slowing or altogether halting important services) given no rethinking of delivery has
     accompanied the reduction in staffing. This was not the intent or the requirement of the Fiscal

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     Plan. Clearly, this creates a precarious risk for the population, especially given recent
     earthquakes and the COVID-19 crisis, which both mean that Puerto Rican residents are further
     reliant on the Government to effectively, efficiently, and promptly provide them the public
     services that enable life to recover and continue.
    Thus, while the Oversight Board continues to believe that the fully outlined efficiencies are of
    the utmost importance for the Island to have a solid foundation for the future, the Oversight
    Board also is cognizant that, given the current circumstances, the Government
    will need to invest time and effort in achieving the measures previously required and
    not yet implemented, while supporting Puerto Rico residents. Therefore, the 2020 Fiscal
    Plan has paused incremental agency efficiency measures until FY2022. The
    expectation is that this one-year pause will enable the Government to redouble its focus on
    implementation of the efficiency measures not implemented to date.
    The Oversight Board is also including implementation budget incentives in
    FY2o21 to encourage accelerated implementation of reforms that would bring
     Puerto Rico a step closer to a sustainable government. There are six affected agencies: PRDE,
     DCR, DDEC, DOH, Hacienda, and AAFAF. In select priority areas in which agencies
     implement certain required actions -- including but not limited to meeting higher data quality
     and transparency standards, conducting operating model/capacity analyses, or building up
     essential infrastructure to facilitate process improvements -- incremental budgetary resources
     are available for the implementing agency. Detailed descriptions of these implementation
     budget incentives are included in the required implementation actions detailed for each
     agency later in this chapter.


     13.1 Agency operational efficiencies and improvements
     The Fiscal Plans outline a set of medium-term savings the Government is expected to achieve
     through both agency-specific and government-wide personnel and non-personnel measures

     13.1.1 Agency-specific personnel and non-personnel efficiency measures
    There are several actions that have been applied to each agency to achieve these targets:
     ■ A series of agencies must be merged when benchmarking and best practices
         determine that activities across agencies could be better served through a single mission
         and management to eliminate redundancies, and/or where economies of scale make
         shared services more economical without reducing quality of service
     ■ A small subset of agencies will be left independent but made more efficient
         through a series of streamlining efforts related to both personnel and operations, allowing
         the agency to provide improved services at a lower cost to taxpayers
     ■ Some agencies will be closed completely or privatized if their function and
         programs are not required, or can be transferred to private ownership, resulting in a 100%
         personnel and non-personnel savings for all non-federal funded expenditures after a two
         to three-year wind-down period (a minimum of 50% savings must be achieved no later
         than year two). The Government proposed six agencies for closure: Model Forest; Culebra
         Conservation and Development Authority;198 Company for the Integral Development of
         Cantera's Peninsula;199 Economic Development Bank; Industrial, Tourist, Education,



     /98 Agency will only be partially closed, so funding will be reduced by 32% overall starting in FY2020
     /99 To be closed on July 1, 2033 per current law.



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         Medical, and Environmental Control Facilities Financing Authority (AFICA); and National
         Guard Institutional Trust.2°°
     ■ Additionally, the Oversight Board requires the transfer of ownership or change in
       legal status of the Public Broadcasting Corporation (WIPR) to a not-for-profit
       organization.
    The Fiscal Plan lays out three major types of areas of operational efficiency across all agencies
    (whether consolidated or kept independent, but made more efficient):
     ■ Back-office personnel savings: Achieve process efficiencies, centralization, or
         digitization of redundant tasks and eliminate role duplications in administrative positions.
         These levers have demonstrated savings of 15-20% in entities undergoing mergers
     ■ Front-office personnel savings: Achieve personnel efficiencies by ensuring staffing
         levels are consistent with operational drivers with benchmarks from mainland US states
     ■ Procurement/non-personnel savings: Achieve operational efficiencies through
         contract renegotiations, reduction of rent payments, reforms on bundling acquisition
         across agencies, and other initiatives. Similar reforms of this nature have been shown to
         save create savings of 10-15% for public and private sector entities
    The Oversight Board and Government established a working group in 2018 to develop the
    roadmap for this rightsizing effort, which became the basis for the Fiscal Plans. For several of
    the larger agency groupings (i.e., PRDE, DOH, DPS, DCR, DDEC, and OCFO), the Fiscal Plan
    lays out specific reforms expected in each of these areas. For other agencies, the Fiscal Plan
    sets savings targets that agencies are expected to achieve through their own operational
    improvement plans. Finally, while the Government has indicated that some consolidation
    plans may change, the Government shall still be accountable for achieving the total annual
    savings projected in the 2020 Fiscal Plan.

     13.1.2 Cross-cutting personnel measures
     In addition to driving operational improvements specific to service delivery, the Government
     is expected to achieve cross-cutting personnel expenditure reductions through several
     initiatives which would reduce the requirement to reduce personnel:
     Maintaining a payroll freeze: The March 2017 Fiscal Plan included a measure to freeze all
     payroll expenditures which became law in FY2018. To extend the savings from freezing payroll
     increases and avoid dramatic further rightsizing of staff, the freeze must be continued
     through the end of FY2023.
     Standardizing healthcare provided to government employees: Medical insurance is
     a core benefit provided to all government employees. However, the degree of coverage varies
     widely across government agencies, with some employees receiving superior coverage
     compared to their peers. For instance, PRDE employees receive an average of $120 per month
     in medical benefits, whereas employees of the Housing Finance Authority receive more than
     $1,000 per month.2°' To ensure fairness and reduce expenditures, the Government must
     implement its proposal to standardize employer health insurance contributions so
     that all Commonwealth agencies contribute $125 per employee per month, or
     $1,500 per year, with the exception of public corporations, which should maintain current
     employer contribution levels for those employees with pre-existing conditions. This initiative
     should have been fully implemented by the start of FY2019, but it has not been to date.


     200 The National Guard Institutional Trust and Economic Development Bank will close but not achieve any savings.
     201 Analysis of active, non-transitory government employees not supported by Federal Funds, data provided within January 2018
          Government attrition model


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     Reducing additional outsized non-salary compensation paid to employees: There
     are several policies that the Government must continue to enforce through the duration of the
     2020 Fiscal Plan that will impact personnel spend. These include:

     ■ Asserting a hiring freeze with stringent requirements for backfilling positions left open by
       attrition or workforce reduction
     ■ Limiting paid holidays to 15 days annually across all public employees
     ■ Prohibiting carryover of sick and vacation days between fiscal years over the statutory caps
       (6o days for vacation and go days for sick leave, aligned with Act 26-2017)
     ■ Prohibiting any future liquidation of sick and vacation days in excess of the amount of days
       permitted by law
     ■ Eliminating funding for the Christmas bonus
    The hiring freeze policy has been included since the March 2017 Fiscal Plan, and the 2020
    Fiscal Plan continues to enforce that policy while requiring the Government to propose
    stringent requirements for the backfilling of any opened positions and gain budgetary
    approval by the Oversight Board before doing so.
    The other policy measures outlined above were enacted in Act 26-2017, except for the
    elimination of the Christmas bonus. The elimination of the Christmas bonus was to be
    implemented starting in FY2019, but unfortunately the Government paid the bonus without
    approval from the Oversight Board. Meanwhile, in FY2020, the Oversight Board reached an
    agreement with the Government to pay employees the Christmas bonus as feasible within the
    existing Commonwealth FY2020 Certified Budget. Moving forward, Certified Budgets will not
    include funding for the Christmas bonus.

     13.1.3 Cross- cutting non-personnel measures
    In addition to driving operational improvements specific to service delivery, agencies should
    reduce spend on utilities as well as on other areas of the budget which have been historically
    "opaque" in terms of where funds are flowing:
     Reducing utility spend over time: The Government should implement energy efficiency
     initiatives that reduce utility payments in line with mainland energy efficiency efforts such as
     the US Federal Energy Management Program (FEMP). Energy efficiency initiatives would
     include facility & fleet optimization (e.g., recycling), improved procurement agreements, and
     strategic investments, potentially through utility capital expenditure. By FY2023, the
     Government must achieve savings of 15% on its FY2o18 utilities expenses, considering the rate
     increases projected by PREPA and PRASA. As with agency-specific rightsizing measures,
     additional increases in savings to be achieved will be delayed until FY2022.
    Reducing spend on historically low visibility areas: The Government should
    continuously monitor and reduce expenses in historically low-visibility areas (e.g.,
    "unclassified professional services" and "englobadas"). In the 2019 Fiscal Plan, a one-time and
    government-wide 10% incremental cut on professional services spend and 10% limit to
    unclassified professional services was required. While no incremental cut is explicitly required
    in FY2o21, the Oversight Board continues to expect more rigorous documentation and
    justification for such spending before approving their inclusion in future agency budgets and
    will maintain the 10% limit on unclassified professional services.
    As with prior Fiscal Plans, this 2020 Fiscal Plan includes implementation exhibits that date
    back to Fiscal Plans certified in 2018 (see Section 25.3). These exhibits continue to show
    implementation dates that have passed without Government completion of the action. The
    Government must act to address these missed milestones and to accelerate the pace of change.


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    This Fiscal Plan therefore also lays out future dates for these milestones, for which the
    Government is accountable.


     13.2 Investing to support agency efficiency and recovery
    The 2020 Fiscal Plan includes new incremental funding to support the Government in its
    efforts to operate effectively and sustainably. These include:
     ■ Immediate funds for COVID-ig response: In addition to pausing new measures for
       FY2021, the Fiscal Plan includes $787 million certified as part of the Emergency Measures
       Support Package, solely focused on mitigating the effect of the COVID-19 pandemic on
       front line healthcare and public servants, as well as self-employed and small businesses.
       The package is comprised of $500 million in additional FY2020 expenditures, a $157
       million reapportionment from the FY2020 General Fund budget, and $131 million in
       Restart funds. These funds are intended to provide $212 million for "hazard pay" for
       frontline workers (including public and private nurses and technicians, police, certain
       correctional staff, and professionals managing taxes and financial operations), $50 million
       for medical and public safety supplies and capital expenditures, and $255 million for
       enabling distance learning in the public education system, Sim million for municipalities,
       and $16❑ million in one-time direct payments to individuals and small businesses.
     ■ Investments in frontline service delivery: The 2020 Fiscal Plan includes several
       incremental investments in frontline service delivery, including compensation and benefit
       raises for police officers (including backpay for those who are owed overtime payments
       from past service); support for Special Education therapy, and overdue teacher
       compensation; funds to attract additional recruits to the Emergency Medical Services
       Corps and Institute of Forensic Sciences; and investments in healthcare (including funds
       for opioid treatment, telehealth, electronic health records, hospital capital expenditures,
       scholarships for medical students who commit to practice outside of major metro areas,
       and additional school nurses).
     ■ Support for accelerating operational improvements: The Government lack of progress on
       operational changes to date has created a risk to government services delivery, especially
       given the effects of the recent earthquakes and COVID-19. Given the complexities of the
       situation, the Fiscal Plan includes a one-year pause in new rightsizing measures, which is
       intended to enable agencies to focus all efforts on implementing the necessary operational
       reforms needed to improve services long-term. Further, the Fiscal Plan includes
       implementation budget incentives that would become available when certain milestones
       are accomplished (e.g., consolidation of back office functions).
     ■ Funding to enable consent decree compliance: Several Puerto Rico Government agencies
       are subject to federal consent decrees that require them to adhere to certain regulations.
       With these consent decrees often come funding requirements (such as, certain funding
       levels to Special Education students). The 2020 Fiscal Plan includes funding for the
       consent decree requirements that the Oversight Board is aware of currently.
     Specific investments are detailed by agency in the following sections.


     13.3 Department of Education (PRDE)
    The Puerto Rico Department of Education (PRDE) is the largest government agency within
    the Commonwealth, charged with providing high quality education for approximately 289
    thousand K-12 students across the Island at 856 schools. Meanwhile, as Chapter 9 indicates,
    for several years PRDE has struggled to improve educational outcomes for its students and to
    operate at a size commensurate to its student enrollment.

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    First, student outcomes and proficiency rates have declined for all core subjects in the past
    years, as measured by META-PR test results. Since the META-PR test was implemented in
    FY2016, proficiency rates have fallen, compared to FY2019, as follows: Spanish by 6% (from
    51% to 45%), Math by 3% (from 33% to 30%), English by 6% (from 45% to 39%) and Science
    by 6% (from 53% to 47%). Further, as the largest agency in the central Government by budget,
    PRDE is outsized relative to its results and needs. While student enrollment has declined
    considerably over the past few decades (over 50% decline since its peak in 1980 and
    approximately 33% in the preceding decade) in line with a declining population, prior to the
    first Fiscal Plan, the number of schools and teachers had not decreased proportionally.202,203
    A significant factor driving PRDE's subpar outcomes is a set of underlying bureaucratic
    systems and structures that are ineffective and inefficient. Simply stated, PRDE has not
    developed the internal capacity, or led with commitment to a clear plan to manage the complex
    educational dynamics in Puerto Rico. PRDE has not fully mobilized the organization to
    execute on a clear strategy to accelerate progress in schools—namely, the creation of seven
    regional offices that were launched on the premise of providing more direct support to schools
    through a decentralized model that is more responsive to the specific needs and context of
    each school. While the regional offices are up, running and staffed, they currently function
    more as an additional layer of bureaucracy, rather than as mechanisms to drive change and
    shared learning closer to the student and parent populations in schools.
    The Oversight Board has made a number of suggestions to help PRDE operate in more
    strategic ways while aiming to fulfill its core function of driving a more efficient and cost-
    effective educational delivery model within PRDE. Rather than implement these efficiencies,
    PRDE has relied on actions that enable near-term savings but hurt its ability to provide
    optimal services in a sustainable way in the long term. For example, in order to achieve payroll
    savings, PRDE implemented a broad-based Voluntary Transition Program (VTP) in FY2019,
    instead of enforcing its existing classroom staffing policies, revamping back-office processes,
    and executing planned active workforce reductions. As a result, by its own reasonable staffing
    guidelines, referred to as Organization Escolar, PRDE has more teachers in aggregate than it
    needs, and—even after closing 255 schools—PRDE still operates a system that has significantly
    more capacity than it has students. At the same time, PRDE does not have teachers in all the
    places it needs; it has a clear deficit in the number of English language teachers to support
    students across the Island. All of these issues result in schools that are sub-scale and require
    more resources, on a per student basis, to operate.
    The Oversight Board recognizes that PRDE has been operating in a complex environment in
    the wake of Hurricanes Maria and Irma, recent earthquakes, and the spread of COVID-19.
    Indeed, the challenges that the Department faces even to re-open schools in the fall are
    formidable. However, beyond these crises, PRDE has further created challenges for the school
    system. Investments approved for FY2019-2020 by the Oversight Board for teacher and
    director salary raises and student textbook purchases, all meant to improve the quality of
    education, have either been stalled or implemented incorrectly (though the funds provided
    have been spent, at least in part). When the Fiscal Plan provided salary raises to teachers, the
    Department incorrectly implemented the investment (as it did not provide raises to transitory
    teachers), thus incurring an estimated $23 million of retrospective pay, which resulted in
    lawsuits against PRDE by the Teachers Union. Additionally, due to PRDE's poor management
    of federal funds, the US Department of Education is requiring the agency to contract a third
    party for spending oversight. Finally, PRDE has been unprepared and thus unable to provide



     202 Helen F. Ladd and Francisco L Rivera-Batiz, "Education and Economic Development in Puerto Rico* The Puerto Rican
         Economy: Restoring Growth, Brookings Institution Press, Washington, D.C., 2006, 189-238
     203 There were 1,619 public schools in 1990 and 1,131 at the time of reporting. Oversight Board Listening Session, Secretary
         Julia Keleher, "On the Road to Transformation,. November 30, 2017



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     distance learning and other important services in the wake of the earthquakes and the global
     COVID-19 pandemic.2°4
     Given the federal and local response to COVID-19, PRDE will have access to significant federal
     funding to help address high priority needs associated with planning for a safe return to school
     in the fall and offering robust remote learning opportunities in the case of ongoing physical
     school closures to prevent further learning loss. Incremental funds available to PRDE include:
     ■ Federal funding of —$349 million for K-12 education made available through the
       Elementary and Secondary School Emergency Relief Fund of the CARES Act
     ■ A portion of the —$48 million allocated to the Governor's Emergency Education Relief
       Fund, authorized by the CARES Act
     ■ Federal funding carryover from FY2o2o of $68o million that has been frozen while the
       Department contracts with a fiduciary agent
     ■ Additional Commonwealth appropriations of $124 million as part of the FY2020
       Emergency Measures Support Package to enable implementation of remote learning (part
       of total investment in devices of $255 million, partly funded through RESTART funds)
    The above funding—which will require a clear plan and rigorous controls to provide for the
    basic needs of students and families—are not meant to reduce the expectation that the
    Department accelerate a major transformation of its operations and basic management
    improvements to better provide services and maintain fiscal balance. Without active
    management and operational improvements, PRDE will likely continue to see student
    outcomes stall.
     To improve the capabilities and capacity of the Puerto Rican population, the Government will
     need to set high aspirations and redouble efforts. This involves both immediate actions to
     enable learning to continue in the context of COVID-19, while also driving the operational and
     management improvements to provide better services for the children of Puerto Rico. To
     support these efforts, the Oversight Board is providing funding, which will go to support
     fulfillment of federal consent decrees, hiring of additional school nurses, textbook
     procurement, transportation, and increased teacher compensation.




     204 PRDE finally opened cafeterias on April 29, 2020 after the Oversight Board sent a letter to the Governor on April 24, 2020
         with a list of short, medium and long-term solutions for PRDE's consideration to ensure proper nutrition and made available
          to students. However, as of latest information available to the Oversight Board, only —10% of school cafeterias are currently
         open and PRDE is distribution only lunch meals (not breakfast) to —14% of students, and majority of food distribution efforts
         to students is being led by municipalities.


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      Investments to drive operational improvements

      In addition to the investments outlined in Chapter 9, the 2020 Fiscal Plan will provide funding to
      ensure PRDE has what it needs to fulfill federal requirements and to enable better service delivery:
      ■ Teacher and school director compensation (—$285 million over five years): The
          2018 and 2019 Fiscal Plans provided salary raises for teachers and directors in FY2019 and
          FY2o2o. Unfortunately, however, PRDE mistakenly excluded transitory teachers and
          directors from these raises, which has generated a lawsuit against the agency. As such, the
          2020 Fiscal Plan provides raises for these groups.

      ■ Textbooks, transportation, and other student services (—$65 million): The Fiscal
          Plan includes $25 million across FY2020-2021 for textbooks and $40 million in FY2021 to
          cover transportation costs (largely to support Special Education students), student food
          expenses, and other materials.

      ■ Additional school nurses in all schools (—$15 million per year): The Fiscal Plan
          provides $15 million per year to hire needed school nurses, instead of contracting these
          services.
      ■ Student and teacher time and attendance reporting (--$6 million): A major gap for
          the Department is it is not able to accurately report headcount or student enrollment. This is
          due in part to an over-reliance on manual processes, as well as poor management. The Fiscal
          Plan therefore provides funds to support the implementation of Kronos, a time and attendance
          system, and to provide incentives to directors and schools that demonstrate consistent and
          reliable reporting on student and teacher attendance.
      Special Education Remedio Provisional program-specific FY2021 budget
      accounting: In addition to the funding above, the Fiscal Plan ensures that PRDE is compliant
      with legal requirements for the Special Education program. In order to ensure proper resources
      are allocated to all Special Education students, the FY2o21 Budget for the Special Education
      Program and the Remedio Provisional Program will be separately presented from PRDE's overall
      budget. By doing so, the Oversight Board can ensure resources are properly allocated based on
      special education student enrollment and needs, while also ensuring greater transparency in
      program spending.


     13.3.1 Overview of efficiency measures
     PRDE will not be required to achieve additional savings in FY2021 over that required in
     FY2o2o — this delay must be used to manage through the current pandemic and progress with
     implementation efforts across key reforms. However, in FY2022 to FY2025, PRDE must
     achieve the personnel and non-personnel savings outlined in Exhibit 73.




                                                      155




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     EXHIBIT 73: DEPARTMENT OF EDUCATION MEASURES SUMMARY OF IMPACT
       Run-rate savings from agency efficiency measures', ••.3
                                                                    " Non-personnel ■ Personnel




                                               (6)       103           = 25                      37                  28

                                                                                                                     525
                                                                                                495
                                                                           458
                                                         433
                                                                                                12E
                                                                       .14
                                                                         4
                                                         120
                 337                          331




                                                                                                370                  398
                                                         313               334




               FY20                          FY21        FY 22             FY23                FY24                  FY25

      - ,r-w:111F142 ;11•445fSTIEMS and erfiar finning




     Improving student-teacher ratio

     One key indicator of school efficiency is the student-to-teacher ratio (ST ratio) used across the
     school system. Given the need for PRDE to rightsize its resources in alignment with a steadily
     declining students enrollment, it should aim to manage to its ST ratio to ensure improvements
     in efficiency.
     The 2020 Fiscal Plan reflects an updated calculation for the ST ratio, based on data from the
    Department, to include both general education students as well as Special Education students
    who spend most of the school day in inclusive classrooms with their general education peers
    (known as "salon recurso"). As in prior Fiscal Plans since April 2018, the teachers counted in
    the ST ratio are those that teach core subjects and/or homeroom classrooms (previously
    referred to as 'academic' teachers).2°5 Also, in prior Fiscal Plans, staffing of all other teachers
    (previously referred to as 'non-academie' teachers) are expected to be rightsized through
    attrition.206
     While the FY-2018 baseline system-wide ST ratio was 18.9 (332,251 students to 17,607
     teachers), data provided in December 2019 indicates that the ST ratio has worsened to 18.5
     (-276,000 students to —15,000 teachers). Moreover, given the range of school sizes across the
     Island, many schools have a staffing ratio that is much lower than 18.5. Exhibit 74 below shows
     that —500 schools have a ratio below 18.5, and 75% of those schools have enrollments below
     345 students. As a result, by the Department's own guidelines, referred to as Organiz.acion
     Escolar, it has "overstaffed" schools by —800 teachers in FY2020, and without further action,
     the ST ratio would decline to 15.3 by FY2025.2°7


     205 Core subjects / homeroom teachers include those that teach General Education, English, Math, Science. Spanish, History,
         and homeroom.
     206 All other teachers include, for example, Career and Technology, PE, Arts, and Special Education teachers.
     207 PRDE student-teacher ratio analysis.


                                                                 156




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     EXHIBIT 74: ACADEMIC STUDENT-TEACHER RATIO BY SCHOOL ENROLLMENT AND
     GRADE
      PRDE school-level student-teacher ratio distribution by enrollment and grade
                                                                                                                  • 6-12 • K 8 •9-12
      Academic student-teacher ratio                                                                              •6 8 • K 5
      All general classroom (SpED inclusive) students to core subjects) homeroom teachers


       35 i                                   •
                                     • • •        •
       30 J                      •••    »
                                  ..            o     • • • •
                                         ••     •        •                                                  • •
                                          • •             • • , •
       25                                       • •Ir* •
                                       all 6
                                                             •
                                                                             i•...
                                                                                _•.....
                                                                                   tAt • ,.•
       20 •                  di.                                              • 11 •• , •
                          8 •                                                                               Average ratio: 18,5
                      •                                                        Ile 0_           •

       15                                                                     •• .•
                                                                                    •
                                                                         •

       10


        5

                                                                   Average school size: 345
        0
            0                    200                    400                  600          800       1,000        1,200            1,400
                                                                                                                 School enrollment,
                                                                                                                 Number of students
                frP.DE ,rnirtn+e actre MC.E. ot,semaelrnstt,   5

     Part of this problem can be resolved through a more formalized implementation of PRDE's
     own staffing policies (i.e., Organizacion Escolar) and are summarized in Exhibit 75.208




     208 Based on policy documents from and discussions with PRDE.


                                                                                   157




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     EXHIBIT 75: PRDE ORGANIZACION ESCOLAR STAFFING PQL}CIES
                         Formal policy                                                      Implied guidelines                                          No implied guidelines
                         • class size maximums                                              • Grades 6 12. 5 classrooms per pod                         • General Education
      General              (PK 16, K-3: 25, 4-12: 30)                                         of 5 teachers - consisting of math,                         assistants (n=-80)
      Education                                                                               science. history, Spanish, and
                                                                                              English teachers

                                                                                            • English (K-5) 5 classes taught
                                                                                              per day
                                                                                            • PE 1 every 250 students
      Specialty
                                                                                            • Ms Health: Career & Technology
                                                                                              1 per subject per 6-8 and 9-12
                                                                                              grade

                         • Class size maximums                                              • Note Special Education class size                         ■ Special Education
                             - Regular, reduced enrollment: 16                                maximums in practice are lower                              assistants (n=5.8k)
                                                                                              than stated formal policy                                   Note Driven in large
                             - Full-time classroom (promotion) 12;
      Special                                                                                                                                             part by IEPs. but
                             - Full-time classroom (modified): 10                                                                                         exceptions are made
      Educati ❑n
                         • Resource teachers 25 pull-outs per day                                                                                         based on need with no
                         • Therapists: based on individual IEP                                                                                            firm ratios



                         • OrganizabOn Escolar (General                                     • Escuela Basica                                            • Decisions are made
      Source
                           Education + Special Education)                                   • HR Director guidance                                        flexibly
      Policy
                         • Convenio Colectiva



     Notes: Spscal fdu cation salad iSerr first seSsol oesarszaixen poky in f's't6-19' -PPtE cularnsscated 1 mil in per school S reap Sed sy k_sw   though the 'assuage is sot apparent
     SOLIiICr Carta CSTular num 0E-201.9-2S21) PricE pat' pigbica tare Is PrganiZaC21,1 esedsr pars prpsrsrse de efiLJUIcsis esisedsly ips reguSaos ds. rrarimms .
               gre.d.sa rig, pare Ins eats desteS ekes tl%C3P3OdActs rretrtUladOS en ids ea ci.ekas del depend memo de ed4ciciiin de puerto neo Kay :OI N




     Given that Fiscal Plan savings targets are being deferred by one year, we anticipate that the
     Department's student-teacher ratio will fall from 18.5 in FY2o2o to 17.7 in FY2o21 given the
     forecasted enrollment decline. However, in subsequent years, the expectation will once again
     be that PRDE is more efficiently managing its student-teacher ratio by faithfully observing its
     own staffing policies (i.e., Orgartizaciort Escolar).




                                                                                              158




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     EXHIBIT 76: TEACHER-RELATED PAYROLL SAVINGS

      PRIDE historical and target teacher headcount, 1000

        MID Student- teacher ratio
              Student enrollment – Ail population                           Teacher count – core subject/ homeroom (academic)
             — Student enrollment – General classroom (SPED inclusive)    • Teacher count – All other teachers,



               icao on* 411130                                                     410 4171.
        30                                                                                                                      360

                                                                                                                                300

                                                                                                                                250
        20
                                                                                                                                200

                                                                                                                                150
        10
                                                                                                                                100

                                                                                                                                50

         0                                                                                                                  0
                 FY18          FY19              FY20       FY21         FY22        FY23           FY24          FY25
                                     Calltr.1.




    While by following its own guidelines, PRDE would be pursuing a more efficient staffing
    structure than its current state, it will still ultimately fall short of Fiscal Plan targets over time
    given that many schools operate at inefficient enrollment levels and thus incur significant
    "breakage" (i.e., underutilized teachers). For example, if a school has 36 students in 3rd grade,
    that school will need two 3rd grade teachers with classrooms of i8 students each, even though
    those teachers could theoretically teach an additional 7 students each, per the Organization
    Escolor guidelines. This situation exists across the Island: only 40% of PRDE's total 856
    schools operate at an efficient school size (see Exhibit 77). These schools are geographically
    dispersed across the Island, with inefficiencies existing in all regions and
    urban/suburban/rural.




                                                                   159




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     EXHIBIT 77: MAP OF PRDE SCHOOLS BY ABILITY TO ACHIEVE EFFICIENT STAFFING
      PRDE schools by location and efficiency



                 Si • •                      •
             •
                                                           w          ■ip go 44   *,
             •      •
         •-• •
              •• • S S : •
           .• •
                                       •
                                                 •   •
                                                            •4.••

                                                         • • -
                                                                    :4w- *.•-.) ••
                                                                     •    SO •
                                                                                   •

                                                                                       %.      •                       ■




                                                                                                              U.




        • Inefficient school: based on current enrollment structure or size,                                485 schools
          applying organizaciOn escolar results in a teacher need that equates to a
          below average ratio
            Efficient school: based on current enrollment structure or size, applying 353 schools
            organizacion escolar results in a teacher need that equates to an above
            average ratio


     As enrollment is projected to decline by 4-5% each year through FY2026 (due to overall Island
     population decline), this issue of breakage will worsen, with schools increasingly less able to
     maintain efficient staffing levels. While the Fiscal Plan does not require additional school
     closures (which would reduce breakage in the system), it is nonetheless important to
     acknowledge the personnel (and operating) costs of managing a school system where capacity
     exceeds enrollment. This issue can be best addressed with active footprint management,
     taking into consideration geographic and student demographic constraints. While the Fiscal
     Plan does not require footprint redesign, it acknowledges that such reform will be important
     for the Department to pursue in the long-term in the face of continuing decline in enrollment.

     EXHIBIT 78: REQUIRED IMPLEMENTATION ACTION ITEMS FOR IMPROVING STUDENT-
     TEACHER RATIO
      Required implementation action                                                                        Deadline

      • Delineate roles and responsibilities for each function of the Central vs Regional offices in a      August 2020
        manner that allows PRDE to identify duplicative responsibilities and re-prioritize school support
        in the regions


      • Review current staffing levels against PRDE staffing guidelines {organization escolar) across       December 2020
        all 856 schools and identify schools with incorrect mix of teaching staff

      • Define an implementation plan to invest in Region's school support function by re-alocating         December 2020
        staff to increase academic facilitator positions in the regions and reduce administrative
        headcount in the central and regional administrative offices, aligned to Fiscal Plan targets for
        FY2022 to FY2025

      • Define an implementation plan to align teacher count to current organizacion escolar guidelines     May 2021
        for identified schools — this change would allow PRDE to meet the Fiscal Plan savings targets
        for FY2022 to FY2025, as described in Exhibit 5 above

      • Outline a plan to streamline the rocess for school staffing in a transparent data-based manner       May 2021
        that wilt allow PRDE to continue to manage the student-teacher ratio in a systematic way




                                                                    160




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     Optimizing personnel with school consolidations
    To date, school consolidations have not led to proportional cost savings because they have not
    been accompanied with concurrent reductions in administrative staff. From FY2022 forward,
    the 2020 Fiscal Plan requires the number of school administrators (principals, office staff,
    etc.), food service staff, facility maintenance staff, and other school-specific staff to be scaled
    down to account for a smaller number of schools (than achieved with to-date consolidations).
    To do this, the Department should endeavor to maintain its 2018 average of 2.24
    administrative FTEs per school, 3.39 food services FTEs per school, and 2.27 maintenance
    FTEs per school.
     In FY2020, the Government informed the Oversight Board that PRDE's staffing levels for food
     services and maintenance staff209 are driven by minimum staffing requirements established
     through Collective Bargaining Agreements with the worker's union and inhibit the agency's
     ability to reduce headcount further On line with school consolidations). When asked to provide
     further support for this assertion, no further information was made available.
     Rightsizing regional and central offices
    The 2020 Fiscal Plan supports PRDE's own proposed shift from a single central administrative
    office model to a central/regional administration model. By pursuing a regional model, PRDE
    had aimed to enable faster, more locally relevant services; drive system-wide initiatives and
    shared services from a central office; and reduce administrative headcount. In this new
    central/regional model, administration of individual schools would be decentralized and made
    leaner while also putting decision-making closer to students and families. Developing and
    relying on regional leadership would also allow PRDE's central administrative structure to
    right-size to staffing levels comparable to state educational agencies on the mainland.
    In keeping with the push toward a central/regional model, the 2019 Fiscal Plan required that
    by FY2o2o, PRDE achieve approximately a 25% reduction in administrative headcount
    between regional and central office roles — this target is maintained in the 2020 Fiscal Plan,
    though the distribution of staff amongst roles appears to now be different per the latest data
    analyzed from PRDE.
    As of December 2019, PRDE had —3,5oo staff that held central/regional office roles: —boo in
    the central office, —go❑ in the seven regional offices, and the largest portion, —1,800, in field-
    based roles that are directly serving schools or groups of schools but tagged to regions.
     Separate from the staff headcount, the current staff composition for the regional offices is
     heavily concentrated in administrative roles, instead of educational support roles, which were
     the original primary purpose for creating regional offices. In fact, across all seven regions,
     PRDE's count for academic facilitators falls short of what its own design of the regional
     structure would require (Exhibit 79). PRDE must realign its resources to address this gap by
     appropriately downsizing administrative functions in the regions.




     209 Full time equivalents (FTEs)


                                                   161




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     EXHIBIT 79: ACADEMIC FACILITATOR COUNT VERSUS TARGET

      Proposed regional IteadcOunt v= current state fiDr academic facilitators C)ec
                                                                                               • Faci/alor Special Education
             53
                                                                                               El Facilitator Special Education Centers
                                                                                               ▪ Facilitator General




                             34
                                             32              32              32
                                         1154,
                                                                                          27


                                                                          O
                                            7                                                                2.5
                                                                                          4
                                                                                                              5                 20



                                             ‘01




           PRDE            Ponce          Arecibo          Caguas         Mayaguez      Humacao           San Juan          Bayamon
         proposed
            region      In PRDE's proposed ORE structure,
          struiCtUce    academic facilitators (instructional
                        coaches) represent 53 out of the 102
                        academic affairs positions within an ORE

              PRLe       f-Mter E .2•J




     Further, there remains opportunity to right-size the central office as an FY2019 analysis
     conducted by PRDE concluded that the central office could operate efficiently with -boo staff
     if allocated appropriately across functional areas.21°
     Moving forward, PRDE should pursue its vision for a more well-defined central/regional
     model by eliminating duplicative responsibilities between the central and regional offices and
     prioritizing school support in the regions. Further, PRDE should rebalance staff to increase
     academic facilitator positions in the regions and to right-size administrative headcount in the
     central and regional offices to ensure resources are more adequately focused on driving
     student achievement in schools.
     Consolidating the K-12 school footprint
    After an analysis of several factors including capacity, geographic and cultural characteristics,
    distance to neighboring schools, transportation costs, and facility quality, among others, the
    October 2018 Fiscal Plan determined that PRDE should close 307 schools by FY2o20.
    Consolidation of schools would enable systems to invest in a smaller number of higher-
    performing schools. Each school closure was estimated to save $47,000 annually by reduction
    of facility costs... By FY2020, PRDE consolidated 255 schools, and the Oversight Board had
    determined that no further closures were required. However, the Fiscal Plan still expects these
    savings (representing -$15-20 million per year) to be captured elsewhere.
     Meanwhile, to date, consolidation of the 255 schools has resulted in lower utilities and other
     operating costs, but many of these buildings have been left empty or repurposed for
     administrative uses, which has inhibited PRDE's ability to capture full savings from each of
     the school closures. Further, notwithstanding that PRDE is often not the owner of the schools,

     210 PRDE analysis of Administrative headcount need for central office in FY2019.
     211 -$47,000 is a result of analyzing Government-provided school closure data from previous years and represents the average
          non-personnel savings across a group of 151 closed schools.


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     the Government must make every effort to finalize a plan for sale, lease or other to ensure the
     unused buildings are most efficiently utilized in the communities and do not create new
     community challenges due to their abandonment. Starting in FY2022, PRDE is expected to
     capture all of these savings.
     Reducing procurement spend

     PRDE procurement spend should be reduced by —10-15% by FY2023 through centralized
     procurement policies, including strategic purchasing, and demand controls. To date, PRDE
     has not made notable progress in realizing procurement savings, and instead has depended on
     the centralized GSA to provide them with the savings. GSA has not taken on a meaningful role
     in procurement on behalf of PRDE to date, and PRDE is responsible for achieving these
     procurement savings in the interim.
     PRDE's ability to make informed strategic management decisions on how to effectively
     allocate resources to procurement expenses is constrained by a lack of transparency in
     spending. For example, the Oversight Board's analysis of FY2019 spending revealed that ^-4o-
     50% of non-personnel expenses are tagged to categories that have unclear descriptions, serve
     as miscellaneous categories, or simply are listed as "unclassified" (Exhibit 80). A significant
     percentage of both professional services and purchased services are not classified, meaning
     they are missing basic descriptive information to categorize spend without referencing back to
     the original contract documents. PRDE needs to improve accounting and expense
     categorization data not only to be able to manage costs, but also to leverage dollars more
     effectively for students.
     EXHIBIT 80: FY2019 PROCUREMENT SPEND BREAKDOWN
      Spend dy concept code and account description.   j•




                                                                           L....a a.
                                                            •




                                                                      iz
                                                                      a




                                                                      *OM, C•Wa=
                                                                       Ca




        dria. .PI:KE   1. Nc..-,, sonne.ke.



     In FY2019, PRDE had over 3,000 contracts driving $851 million in procurement spending
     across all funding sources (General Funds and Federal Funds).212 There are four cost concepts
     that account for over 6o% of that spending:


     212 FY2019 PRDE Single Audit File.


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     ■ Facilities as a cost concept only represents —4% ($38 million) of procurement spend, but
       accounting for facilities-related vendors and programs (e.g., Oficina Mejoras Escuelas
       Publicas - OMEP) from other concept codes, true spend on facilities is closer to —22%
       ($184 million) of spend. In fact, while purchased Services represents —14% ($116 million)
       of spend, upon further analysis, it appears that —$79 million of this spend tied to
       purchased services is spent on facilities-related vendors
     ■ Transportation represents —11% ($94 million) of spend and covers —18,000 general
       education students and —12,000 Special Education students. However as of March 2020,
       —9,800 Special Education students still did not have access to transportation services213
     ■ Professional Services represents —30% ($273 million) of spend, with Special Education
       professional services such as evaluation and therapy services accounting for —40% ($101
       million). We further analyze Special Education services below.
     Many of the contracts across these categories are very small and difficult to analyze due to
     limited data available about them. PRDE should identify more efficient ways to procure
     services to address its needs through procurement savings levers such as contract
     renegotiations, bulk purchasing, etc. Furthermore, PRDE should implement greater data and
     accountability standards for its contracts so that the value of these contracts can be assessed
     in the future. For example, it is difficult to ascertain how many and which schools and/or
     students benefit from each of these contracted services, whether these services have been fully
     delivered, and what their overall impact is.
     Facilities costs
    Currently, there is very little transparency into what PRDE spends on facilities. While FY2019
    PRDE financial files indicated —$38 million of spending on facilities (in the "facilities" cost
    concept), deeper analysis suggests that facilities-related spend is also recorded in several other
    cost concepts, resulting in total facilities-related costs of closer to —$184 million (Exhibit 81).
    This current classification makes it difficult to disaggregate facilities spending into custodial,
    maintenance, utilities, rents/leases, and capital expenditures—a prerequisite to effective
    decision-making on facilities spending.




     213 PRDE-provided transportation data.


                                                   164




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     EXHIBIT 81: FY2019 FACILITIES-RELATED SPEND BREAKDOWN
                                                      Facia ties-related spend, FY19


                                                                                             S184m
                                                                                             Other
                                                                                                                PRDE spends an additional
                                                                                            Custodial   e-
                                                                                                                -S50m in custodial
                                                                                                                personnel (per FY20 raster)
      (04) Donations and Subsidies

      (0t4 Transportation
                                                                                                                This captures a percent of
      (061 Professional Semites                                                                                 utilities paid by PRDE as the
                                                                                                                rest is centrally budgeted/

      Wel ❑tiler Ofitratiog Eerie mos
                                                                                                                Pala (e-1).. PREPA. PRASA)


      (09) Prior Year Debt
                                                                 F
                                                                  re/died spend:
                                                                  -$184m

     11113=                                    -1W-
     1=111•1:12-                                                                                                OMEP represents -S100m
                                                                                                                of this spend and more data
                                                                                                                is required to break down
      (13) Social Well Being For Puerto Rico                                                                     how Maintenance and
                                                                                                               ; capF_x dollars are spent
      (14) Appropriations to Non.
      Governmental Entities




                                                                                       FY19 Facilitie: Spend




     Oficina parr ei Mejoramienta Escuela Publica (OMEP) represents —6o% ($no million) of
     facilities spending. OMEP operates as a program within PRDE24 providing maintenance for
     over 50% (514) of PRDE schools and coordinating system-wide capital expenditures. Among
     its responsibilities, OMEP oversees the upkeep of green areas, plumbing, electricity, and basic
     construction work. OMEP outsources maintenance and capital investment for its 514 schools
     to a municipal contractor for 88% of schools (450 schools) and over 200 private contractors
     for 12% of schools (64 schools).215
    A preliminary analysis of OMEP's spending is provided in Exhibit 82, however current spend
    classification does not provide the sufficient visibility to assess the resource allocation between
    types of spend (e.g., routine maintenance vs. capital expenditures projects). Driving to a
    greater level of transparency in how OMEP spends its budget across the various facilities cost
    concepts will help PRDE make sure dollars are being allocated with the appropriate level of
    prioritization.




     214 OMEP costs are captured in an arrange of concept codes (e.g., Purchased Services. Materials, Professional Services,
         Facilities, Equipment Purchases, Other OpEx).
     215 88% (450) of the schools are served by a municipality contract.


                                                                  165




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     EXHIBIT 82: FY2019 OMEP SPEND BREAKDOWN
      OMEP spend. by type of
      wend FY19, $m                                       Tapia Sub-contracted services by OMEP, FY19-FY20, $M
                                                                                                        12.7
                                  110,3
                                                                                                                 I
       Hurricane-                                                                                         1A         I
       related                     19.2                          Green areas maintenance
                                                                                             10.5                        0.6
       maintenance                                               and fumigation
                                                                                                    0.6
                                                                 Installation or             0.7          2.5
                                                                 maintenance of AC           0.7
       AFI - CapEx                                               Administration expenses     0.8
                                   40_0                                                             0.2   0.6
       spend                                                                                              0.7
                                                                 Permanent improvements      1.0
                                                                 Wells draining                           0.6
                                                                                             1.1                         Security
                                                                                                          0.9
                                                                 Exterior/interior paint                                 services
                                                                 Construction/improvements   19           1.4            for power
                                                                                                                         substation
       OMEP-                                                                                                             (92 schools)
                                   51.1
       Other'                                                    Security services for
                                                                 warehouse and closed                     3.8
                                                                 schools (Nov 18 - Jun 19)

                               OM EP                                                         FY19         FY20
                             Spend FY19                   # of OMEP sub-contractors           271          220

                                                          Unique description of services     609          338
      1 Fort-el, rata rasureC ;Am PW..E 5, lLlfiglrtfh em- can          twos., E.
      sai3f       • ri caviirmt4N-20/.:a FAKE           rat:



     PRDE must consider how to further delineate facilities costs across major categories of
     spending including custodial, maintenance, capital expenditures, utilities, rent/lease
     payments, etc., to allow for greater transparency into all facilities-related spend for the
     different programs at PRDE that offer these services.2,6
    More broadly, PRDE must commission the development of a Facilities Master Plan to assess
     its portfolio of buildings alongside their purpose and plan for the future. Facilities Master
     Plans are common across school systems, and consider the current use of each building, its
     condition, and its intended use going forward. Given that PRDE continues to have more seat
     capacity than students (a situation that will only become magnified given projected enrollment
     trends), it is critical for PRDE to prioritize investments in school buildings that have a long-
     term place in the school footprint. Such a plan would also allow PRDE to understand potential
     alternative uses of its facilities to accommodate difficult situations like the COVID-ig
     pandemic.
    Transportation costs

     In FY2019, PRDE provided transportation to —18,000 general education students (-84% of
     those eligible under the minimum income and distance from school eligibility rule) and
     —12,000 Special Education students (-5596 of students that require transportation per their
     IEP as of March 2020).217 PRDE spent roughly —$94 million on these student transportation
     services, almost all funded through General Funds. These services are procured in a highly
     fragmented way, with over 250 vendors and 35 municipalities providing services.
     Of this total spend, —6o% ($56 million) supports transportation for Special Education
     students. Using transportation data provided by PRDE, the average cost to provide


     216 Includes OMEP and Auxiliary Services programs.



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     transportation to a Special Education student is —$4,600, more than double the cost to
     transport a General Education student.
    Federal IDEA dollars are often used to fund transportation for Special Education students;
    however, USDE-imposed restrictions on PRDE prohibit the use of federal funds for
    transportation. This is due to the fact that SAEE has had a series of reports on non-compliance
    with the provisions of the Code of Federal Regulations and the IDEA Law related to improper
    payments, lack of internal controls, non-compliance with the policies of the Agency, and lack
    of adequate monitoring in relation to the issuance of payments for transportation services to
    students of the Special Education Program. Thus, PRDE will have to continue to fund Special
    Education transportation through the General Fund, until compliance with USDE-imposed
    special conditions are met. Ultimately, this puts increased pressure on General Fund dollars
    for Special Education instead of being able to leverage Federal dollars. PRDE should evaluate
    its current spending on transportation services to ensure all eligible students are receiving
    transportation services if needed.
    Across all procurement categories, PRDE must create greater spending transparency, focus on
    consolidating vendor contracts, and look to prioritize potential savings in areas that represent
    variable costs (which generally decline as enrollment does) and those that have less impact on
    students and schools.
     EXHIBIT 83: REQUIRED IMPLEMENTATION ACTION ITEMS FOR REDUCING
     PROCUREMENT SPEND
      Required implementation action                                                                       Deadline
      • Define a plan to increase expense categorization and reporting transparency which could            December 2020
        include adding descriptors in PRDE's internal financial systems (e.g., SIFDE)

      • Evaluate current transportation spend and services in order to ensure that all students that are   December 2020
        eligible (per IEP or regular eligibility guidelines) receive transportation services

      • Evaluate facilities spend and create an implementation plan to capture all facilities spend at     December 2020
        PRDE (e.g., spend from OMEP) in a more streamlined manner and to be able to differentiate
        spend between maintenance, capital expenditures and custodians

      • Create a facilities master plan that assesses and the need of PRDE facilities portfolio in order to May 2021
        ensure that spend is prioritized according to need and PRDE's long-term facilities strategy


     Special Education Program professional services costs
     Overall, it is difficult to draw a conclusion as to whether Special Education spending is
     sufficient or not; while anecdotally PRDE is believed to be under-spending, it is difficult to
     assess definitively without better data on student need, which is articulated in Individualized
     Education Plans (IEP). It is imperative that PRDE digitize all IEP data in a manner that allows
     PRDE to monitor progress, ensure IEP compliance, and provide adequate resources for
     Special Education students.
    It is important to note that PRDE serves Special Education students through two programs.
    The primary program is the Special Education Program, known as Secretaria Asociada de
    Education Especial (SANE), which provides educational and therapeutic services to students,
    with the second program being Remedio Provisional, which only provides non-education
    support services to students. Remedio Provisional was created as a result of the Rosa Lydia
    Velez Case to offer therapeutic services to Special Education students whose only impediment
    to receiving services is that the Department of Education does not have the resources to offer
    them. Typically, if PRDE does not provide necessary services within 30 days from the request
    of services from SAEE and drafting of the IEP, the family of the special education student has
    the ability to receive services through this alternate channel. While it is good practice for
    districts to have a formal mechanism for complaints and ensuring students receive adequate
    services, PRDE's way of addressing this situation is not typical. PRDE uses Remedio

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     Provisional as a more permanent solution for students to receive services when they are not
     budgeted for appropriately at the beginning of the year within SAEE, with difficulty to then
     transfer students over to receive services via SAEE the following year. Given this structure,
     PRDE ends up spending much more on student support costs than is necessary to deliver the
     same quality of service.
     In FY2o2o, Special Education spending across all funding sources was as follows:
     •     Personnel: -$243 million spent on -11,600 staff, with 95% dedicated to instruction
     •     Non-Personnel: -$176 million spent, with -95% spent on student supports and
           instruction
     •      Remedio Provisional: $39 million
     EXHIBIT 84: TOTAL SPECIAL EDUCATION PROGRAM SPEND BY CATEGORY
         FY -19 acTuias'

                                                     $243m                                           5175m                                                            j9n,

         Special                                                                             Secretary office St5rn
                                              ORE Adorn! 5101n
         education
         office (SASE)
         instruction,
         student
         supports and 1
                                                                                             Transportation Sim
         transportation




                                                                                                                              General Ethication instruction -420am
                                            Spacial Ed Instruction
                                                    $225m


                                                                                            Student supports 535rn




                                                                                         Special Ed Instruction Sigm

                                                     SAEE                                           SAEE                            General Ed Personnel          Reined lo
                                                   eessonnel                                    Non-Pei sonne I                     Serving 27% Special Ed       Provisional
         Ekami gbx !eel. general &Necker, %she-forst., Wills 7g11, Pawl 1141.4 In Spebel Eduerckna 11.,,Aoltstrvr.111%114kagf IJ
                           a...TPA& othnineg fres al.DE dr. Fil13, sol !slop Anc.-Nri o4 Amex. 0. Py.404.14■1116 c0.1.•.nA.   Ara- D.44 he     OW     r
                    B nears for Lire Ciene,41Fvb



     Remedio Provisional presents a significant cost; in FY2o2o, —ii,000 services were provided
     at a cost of 4-5)c of that of SAEE. Remedio Provisional constituted only 6% of therapy services
     provided to students but represented nearly 30% of the total cost (Exhibit 85). This price
     differential could be understandable if the bulk of therapy services provided were highly
     specialized offerings, however the majority of therapy types being offered through Rernedio
     Provisional are similar to the services offered through SAEE, just at a higher cost and with
     more fragmented usage of specialists.
     By providing services via Rernedio Provisional, PRDE is unable to secure contracts with
     volume pricing as they are within SAFE. PRDE should aim to address this issue by establishing
     a transition process for students from Remedio Provisional to SAEE. Additionally, PRDE
     should perform a pricing analysis on Remedio Provisional contracted service rates to ensure
     they are aligned to market pricing as established in Law 85-2019.




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     EXHIBIT 85: COST OF THERAPY SERVICES OFFERED THROUGH SAEE V. REMEDIO
     PROVISIONAL
     ——
     Count and cost of all students therapies        Average number of students served Average cost per student served through RP
     provided through SAEE vs, RP                    per therapist in RP vs. SAEE        vs. SAEE

                      182k             $104m                47                                 ' t costs RP 5x as much        • 82 437
                             -----                                                               to serve students as it
      Remedio          er%
      Provisional                                                                                would through the SAEE
                      .
                      \ 27%                                                                      channel given they pay
                                                                                                 market rates with
                                                                                                 fragmented spend
                                                                                                  instead of achieving
                                                                                                  procurement efficiencies
                                                                                                  in bulk

       SAEE




                     Count of       Total cost            SAEE           Remedio                                 SAEE          Remedio
                     Refendos       to provide                          Provisional                                           Provisional
                    "Students"       therapies
                                         ■

         RP represents only -6% of students           Total number of         79       289
         therapies provided. but nearly 30%           providers under
       I of the total cost of therapies               con tract


      SOU; ESP:,.4:6,




     EXHIBIT 86: REQUIRED IMPLEMENTATION ACTION ITEMS FOR SPECIAL EDUCATION
      Required implementation action                                                                 Deadline        FY2021 budget incentive

      • Create a small Central Office team (max of 8) to implement the digbzation of Special         July 2020
        Education EF' records with supporting documentation. assigned resources and related
        service requirements, arid provide a 12-month implementation plan to the Oversight Board.
        At a minimum, the plan must include (1) amount of El's to be digitalized, (2) amount of
        time employees will take to carry out the project. (3) accountability measureslchecks to
        validate accuracy of data inputted, (4) monthly milestones, (5) team members with name.
        employee ID contact information and job title, and (6) project supervisor with name,
        employee ID, contact information. and job title.


         Establish transition process for students from Remedio Provisional back to PRDE Special      Dec 2020
         Education program, which will allow PRDE to serve these students within the system at
         more reasonable rates
       — - — — - —                     — — — -
      • Revisit Remedia Provisional's services pricing to ensure these are aligned to market rates    May 2021
        as per Law 85-2019


      • Digitize EP data in a manner that allows PRDE to facilitate progress monitoring, IEP          May 202t        53.000 onetime bonus
        compliance and resource adequacy                                                                              for the team of existing
                                                                                                                      employees that carry
                                                                                                                      out the project




     13.3.2 Required implementation actions
     PRDE has faced several challenges, especially in the recent year. However, the Fiscal Plan aims
     to provide clear and tactical actions the Department can take starting in FY2o21 to improve
     the way it delivers services to students and bring enhanced transparency, controls, and
     efficiencies to its expenditures.



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    To achieve the 2020 Fiscal Plan requirements, the Puerto Rico Department of Education must
    complete key operational efficiencies as outlined in Exhibit 87.
     EXHIBIT 87: PRDE REQUIRED IMPLEMENTATION ACTIONS
      Retained imp ementahoo action                                                                Deadline        FY2021 bu... el incentive

      •    implement KfOrlo3 and lime S attendance reporting policy for all school staff and       • December      • 51.500 one-time bonus for school
           institutionalize monthly repottrng to the Oversight Board to improve transparency of       2029            directors if Mono's is properly
           school staff attendance. School directors must (1) validate that workable machines                         implemented within then schools
           exist in each school. (2t prpede a diagnostic of current usage. and (3) do targeted
           follow-ups for lack of particmation.

      •    Record daily Student attendance on Blasting reporting platform SIE to hatter track      •   December
           attendance across PRIDE schools. and institutionalize monthly attendance reporting to       2020
           the Oversight Board to improve transparency of student attendance

      •    Improve time reporting tot teachers in order to reduce teacher absenteeism as           •   May 2021    • 55.000 reward for schools that reach
           measured by Krenos. and inatihniondze monthly reporting to the Oversight Beard to                          a teacher time reporting threshold of
           improve transparency of teacher attendance                                                                 at least 95%



       •   Use of funds must be previously approved by the Oversight Board. particularly as it relates to discretionary school rewards
       •   if schools do not open for the first semester of school year 2420-2021. PRDE and the Ovfo8ight Board need to agree On a plan to move the iniliathres
           forward or defer the inittalwes nag regular operations resume



     With the above changes, as well as those outlined in Chapter 9, PRDE will be able to better
     allocate its resources to help improve K-12 student outcomes on the Island.


     13.4 Department of Health (DOH)
    As of 2016, the Government had several health-related agencies that were highly fragmented:
    three public corporations, three public hospitals, seven sub-secretaries, six regional offices,
    and eight program offices administering 64 federally-funded programs—all with their own
    support functions. Such fragmentation has driven up cost and inefficiency, as each agency is
    required to provide its own human capital management, procurement, and financial support.
    Citizen experience and care delivery have also suffered as residents face multiple handovers of
    individual cases across frontline staff.
    Additionally, access to care on the Island lags national averages. This is especially the case
    outside of San Juan, given the shortage of clinics and trauma centers. Overall, there are 107
    Health Professional Shortage Areas (HPSA) and 72 Medically Underserved Areas in Puerto
    Rico.218 Based on the number of additional physicians required to remove HPSA status, Puerto
    Rico meets 1.92% of demand for primary care (versus the 45.11% national average), 16.56% of
    demand for dental care (versus the 29.79% national average), and 14.57% of demand for
    mental health services (versus the 27.24% national average).219 In Puerto Rico, this
    fragmented and resource-constrained healthcare system has resulted in several issues,
    including health outcomes that are significantly poorer than national averages.
    The Fiscal Plan requires that the Department of Health consolidate six of the healthcare
    agencies with centralized support functions: Department of Health (DOH); Medical Services
    Administration (ASEM); Health Insurance Administration (AS ES); Mental Health and
    Addiction Services Administration (ASSMCA); Puerto Rico and the Caribbean Cardiovascular
    Center Corporation; and Center for Research, Education, and Medical Services for Diabetes
    (Exhibit 88).220 Consolidating these six agencies should provide the opportunity for
    rightsizing support functions, as well as centralizing procurement to provide savings on costly



     218 Health Resources & Services Administration, May 2020
     219 KFF data as of September 30, 2019
     220 University of Puerto Rico Comprehensive Cancer Center will likely remain separate but is maintained in the Health Grouping
         given no formal legislation passed as of May 2019


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     medical materials and equipment. This new DOH should enable efficiencies while maintaining
     a high-quality public healthcare system.
     EXHIBIT 88: AGENCIES INCLUDED IN FUTURE STATE DEPARTMENT OF HEALTH
     GROUPING
           Department of Health                                         5 Center for Research, Education and
                                                                           Medical Services for Diabetes

       2 Health Insurance Administration (ASES)                         6 Mental Health and Addiction Services
                                                                          Administration

       3 Medical Services Administration (ASEM)


       4' Puerto Rico and the Caribbean
          Cardiovascular Center Corporation

     To date, the Government has achieved limited progress towards this future state. Legislation
     that is needed to execute the first phase of consolidation (consolidation of ASES and DOH)
     has stalled since December 2019, and legislation to consolidate the remaining health agencies
     has not been drafted. Additionally, though ASEM has made initial progress on initiatives to
     improve supply chain management (e.g., procurement centralization), these initiatives remain
     in the early stages and must be expanded significantly in order to achieve target savings. The
     revenue cycle management optimization initiative has also been delayed for over a year,
     though a third-party provider has been selected and the project is expected to launch soon.
     Moreover, while an Electronic Health Records (EHR) system has been deployed in the ASEM
     emergency room, trauma center, Adult Hospital, and Pediatrics Hospital, EHR capabilities
     and digital hospital management tools across DOH remain limited, creating a barrier to
     achieving hospital operational efficiencies.
    Such lack of progress in improving the public healthcare system is particularly problematic
    given the major crises Puerto Rico has faced and is likely to continue to face. Most recently,
    the emergence of COVID-19 in Puerto Rico threatens to strain the healthcare system. COVID-
    19 testing per capita lags all US mainland states,221 and DOH has struggled to establish an
    effective, centralized process for managing testing results. Municipalities outside San Juan
    have found it hard to get access to tests entirely.222 Given the relatively high proportion of
    seniors and high rates of comorbidities (e.g., diabetes), Puerto Rico's population is especially
    vulnerable to COVID-19. Moreover, provider infrastructure has not fully recovered since
    Hurricane Maria, and the number of medical professionals has been declining since. While
    DOH has moved to counter some of these issues by coordinating patient care with private
    hospitals, COVID-19 still threatens to overwhelm the health system in the future.




     221 The Covid Tracking Project (The Atlantic); May 6, 2020
     222 NBC News "Puerto Rico mayors work to fight coronavirus with few tests available" (April 17, 2020)


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      Investments to enhance healthcare services

      Ensuring access to high quality, affordable healthcare for all of Puerto Rico is an ongoing priority of the
      Government and Oversight Board. In accordance with this priority and given the increased public health needs
      driven by the earthquakes and COVID-ig pandemic, this 2020 Fiscal Plan recommends• and includes several
      strategic investments in the health system. These include:

      •   Hospital and health facility infrastructure ($188 million): $158 million of recommended
          spending in FY2o20 to address critical, near-term infrastructure needs at public hospitals (e.g., renovation
          of facilities in major disrepair, installation of air conditioning and purification systems. purchase of power
          generators) and $i io million allocated in FY2021 to complete major capital expansions. These investments
          will ensure that the health system has the capacity and equipment needed to meet the long-term healthcare
          needs of Puerto Rico. In addition, $5 million will be provided for capital improvements at the UPR
          Comprehensive Cancer Center along with -$25 million in funding to fully operationaliae the facility in
          FY2020.

      •   Capital expansions at public hospitals ($110 million): Bolstering capacity at public hospitals
          through major capital projects, such as construction of new wings starting in FY2o2i.

      •   Public hospital iT ($90 million): $70 million of recommended spending in FY2o2o and g20 million
          allocated in FY2o21 will be provided to public hospitals to modernize technology, particularly Electronic
          Health Records (EHR) and digital tools for hospital management. EHR (or digital patient records) can be
          accessed by all clinicians involved in a patient's treatment in real-time, enabling integrated communication
          within and across provider facilities, and allowing clinicians to make informed decisions based on
          comprehensive patient treatment histories. Investing in EHR capabilities will reduce clinical/prescription
          errors and reduce administrative burden in public hospitals. Digital hospital management tools allow
          hospitals to collect and analyze data on patient flows, equipment, etc. in real-time. Investing in these tools
          will enable operational improvement in public hospitals.
      •   Telehealth infrastructure ($5 million); -85 million of recommended spending in FY2020 to
          implement telehealth infrastructure to address the urgent need to improve access to care outside the San
          Juan municipal area. Advancements in telehealth infrastructure allow patients to seamlessly receive care
          from physicians regardless of location. This is particularly beneficial to people living in rural areas, and to
          all of Puerto Rico during periods of heightened physical distancing. Funding should be invested in a
          telehealth platform and/or to develop access points in facilities (e.g., FQHCs) in underserved areas.
      •   Maintaining nurse staffing levels ($15 million per year): -$15+ million in annual funding to
          ensure that the nurse staffing levels needed to serve Puerto Rico's healthcare needs arc maintained. In
          addition, given the significant burden placed on nurse staff, amplified by the COVID-ig pandemic, $157
          million has been allocated in FY2o2o to grant a one-time bonus for all nurses and technicians, both in
          public and private health organizations, practicing in Puerto Rico.
      •   Combatting the opioid crisis ($30 million): -Sip million of recommended spending in FY2o2o and
          -$20 million allocated over FY2o21-FY2o22 to combat the opioid crises, which remains a pressing concern
          for Puerto Rico. The extent of the tragedy remains unknown, as data quality from Puerto Rico has been
          contested. Funding can be used to procure and distribute overdose reversal drugs, invest in community
          health events, and scale existing opioid treatment programs.
      •   Medical scholarships ($30                    -Sio million of recommended spending in FY2o2o and -$20
          million allocated in FY2021 to fund an independently-managed scholarship fund for healthcare (e.g.,
          medical, dental. nursing) students and residents who commit to serving in rural and underserved areas.
          Many rural areas in Puerto Rico are underserved by physicians, due to lack of training opportunities, low
          salaries for medical residents, and difficulty becoming certified to contract with health insurance plans.
          The scholarship program would incentivize physicians and other healthcare providers to practice in
          underserved areas by providing up to 525.000 in loan forgiveness per year of service in these areas (up to
          four years).
      •   DOH staff and materials ($6o million): Additional staff at DOH as well as core medical materials
          and supplies. Further, DOH is eligible for $1.2 million if they successfully conduct a back-office staffing
          capacity analysis to identify efficiencies through consolidation.




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      Fulfilling federal requirements

      In addition, the 2020 Fiscal Plan provides funding for fulfillment of three federal consent decrees:

      ■ Intellectual Disability Program: The Puerto Rico Division of Services for People with Intellectual
          Disabilities is required to have certain standards for services, and state appropriations to the program must
          be fully utilized to meet those standards. A Federal Court found that Puerto Rico failed to use state funds
          allocated for this purpose from FY2o15-FY2oi.q. Accordingly, the Fiscal Plan allocates $2o million over
          four years (FY2021 to FY2o25) in order to reimburse the program.
      ▪   Health 33❑ Centers: Puerto Rico is required to cover the difference between "reasonable costs" and what
          is reimbursed by the Medicaid Program for federally qualified health centers (FQHCs). The Fiscal Plan
          includes annual funding of —$50+ million to cover these "wraparound payments."
      ■ Psychiatric hospital: The Fiscal Plan ensures that the annual budget for the Psychiatric Hospital in Rio
          Piedras is a minimum of $23 million. To do this, the Fiscal Plan allocates an incremental $6 million in
          FY2o20 and FY2o21 to enable the facility to earn its Medicare certification. Certification will drive
          increased revenues, which can be reinvested in the hospital to maintain full compliance with the consent
          decree.


     In part to counter the pressures that COVID-19 has placed on this already struggling public
     health provider system, the Oversight Board and the Government have made targeted
     investments. This additional funding has been complemented by funds from federal
     legislation related to the COVID-19 response, which are to be distributed across public and
     private sector health care providers. Major funding flows include: ."$12-2o million from the
     Coronavirus Preparedness and Response Supplemental Appropriations Act, and —$1go
     million from the Families First Coronavirus Response Act.
     Funding from these sources will be invested to both enable the Government's near-term
     response to COVID-ig and position the healthcare system to meet the long-term needs of
     Puerto Rico. These funds will need proper controls and management to ensure they are used
     effectively, which has already been a challenge for the Government. While these funds are
     important to meet near-term needs, without meaningful change—both through efficiency
     measures as well as targeted investments in the public health provider system—
     the Department will continue to falter in its ability to provide health services for the people of
     Puerto Rico.

     13.4.1 Overview of efficiency actions
     DOH will not be required to achieve additional savings in FY2021 over those required in
     FY2020 — this pause shall be used to progress implementation efforts across key operational
     efficiencies. From FY2022 to FY2025, DOH must achieve the personnel and non-personnel
     savings outlined in Exhibit 89.




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     EXHIBIT 89: DEPARTMENT OF HEALTH MEASURES SUMMARY OF IMPACT
                                                     Non- personnel U Personnel    xx   Incremental measure


                                 (13)         42            11                2                 1




                                                           144               146               147
                                              133
                                                            36                36               37
                                              35
          104
           17                    91
                                 12



                                                           103               109               ItI
                                              99
           ".88
                                 78




          FY20                   FY21         FY22         FY23             FY24              FY25

          - .     i ..   •i:e■          lf$




     13.4.2 Consolidating administrative and support functions
    Consolidation of health agencies will enable efficiencies in administrative and support areas,
    including Direction, General Administration, Auxiliary Services, IT, and a portion of Hospital
    Administration. In addition, operational efficiencies are expected to be actualized through
    elimination of duplicative programs across agencies. For example, labor-intensive and/or
    paper-based processes are expected to be streamlined through digitization and
    implementation of software solutions.
    Thus far, efforts to achieve required savings in this area have focused on consolidation. In
    FY2019, DOH conducted an analysis to identify support-function savings that could be
    achieved through consolidation. Legislation to enable consolidation of DOH and ASES has
    been submitted, and DOH and ASES have produced a high-level plan, but alignment on final
    design choices has not been reached and role-level transition plans have not been developed.
    As part of this plan, DOH and ASES have identified potential areas of improvement associated
    with the future-state organizational design. However, progress towards moving to the future-
    state organization has stalled, with agencies citing the need for the passage of legislation and
    leadership alignment. Furthermore, the Department has not outlined any detailed steps to
    achieve efficiencies. The Government has stated that opportunities related to consolidation
    are being identified through an in-progress roster audit and capacity analysis, however,
    potential efficiencies opportunities have not been shared to date, despite the fact that these
    initiatives were expected to be completed in March 2020 and April 2020, respectively.
    Given the delays in legislation, it is critical for health agencies to identify efficiency
    opportunities (e.g., back-office operational improvements, cross-agency coordination,
    program consolidation) that are not contingent on consolidation. To date, efforts to achieve
    operational improvements (e.g., implementation of time and attendance reporting,
    digitalization of finance processes) within health agencies have been limited. Health agencies
    report efforts to implement memoranda of understanding (e.g., MoU 2020-00059 between
    ASES and DOH regarding the provision of HIV medications to indigent populations);
    however, none of the memoranda signed to date have driven operational efficiencies in back-
    office processes. Efforts must be undertaken to streamline internal management processes

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     and enable identification of further efficiencies. This should include completing a capacity
     analysis to identify duplicative roles and programs across health agencies.

     13.4.3 Rightsizing of non-administrative health personnel
    As the Puerto Rico population declines, spend on non-administrative payroll, such as that on
    allied health professionals, is expected to decline. There are several ways to do this without
    impacting services. For example, wages should be aligned with fair market value to reduce
    turnover and the associated spend on temporary/overtime workers, and roles and
    responsibilities should be optimized to skill level and wage rate (e.g., nurses should practice
    at the "top of their license"). DOH facilities should also optimize staff placement, moving
    underutilized practitioners to departments with need wherever possible. Best practice hospital
    management tools, such as shift management software, can be used to maximize efficiency.
    Expected savings for this category were determined using the Government's analysis of need
    and attrition for DOH and ASEM.
     While DOH reported some savings in FY2020, these savings were driven by VTP departures,
     and the agency overspent payroll by $13.5 million. Hospitals have not implemented best-
     practice operational tools to manage personnel, and records are decentralized and often
     outdated. Accordingly, agencies have been unable to provide consistent and comprehensive
     historical or current data on clinical staff roles. Some hospitals report target staff-to-patient
     ratios, but data on utilization, patient flows, and staffing levels, is not consistently collected.
     Furthermore, HR processes (e.g., payroll, hiring) are complex and inefficient. Simplification
     and streamlining of these processes can reduce administrative burden and improve
     operational efficiency. Public hospitals should utilize IT investments to implement digital
     clinical management tools that can enable consistent data collection I reporting and
     identification of opportunities for operational optimization.

     13.4.4 Consolidating regional Medicaid offices
    At the end of FY2018, the Medicaid Program within DOH had 85 offices across 78
    municipalities. These must be consolidated into fewer, more strategic locations. Reducing the
    Medicaid office and regional hospital office footprint will eliminate duplication of effort and
    allow the Department to provide more robust services at convenient locations. In addition, the
    Medicaid Program, in concert with ASES, should redesign the Medicaid eligibility and
    enrollment process to be more web-based, MCO-dependent, and hospital-centric, and
    encourage the use of online services to improve data management.
    To date, the Medicaid program has successfully reduced the number of offices to 66. Savings
    from this consolidation (which relate to savings on office space and equipment rental, utility
    expenses, and cleaning services) reached —$440,000 in FY2019 (out of a total of $500,000
    required), and additional office closures are being considered. Key priorities going forward
    relate to operational improvements and digitization for the Medicaid eligibility and
    enrollment process, which are discussed in Section 15.2.1.

     13.4.5 Optimizing supply chain management
    Implementation of procurement best practices and leveraging of economies of scale must also
    be extended to non-medical categories (e.g., office and general maintenance supplies, security
    services). Such initiatives are expected to be enabled by agency consolidation and operational
    streamlining. While ASEM has made progress in achieving savings on medical supplies (see
    Section 13.4.6), non-hospital procurement savings across health agencies has been minimal.
    To help expedite these savings initiatives, the Government should leverage its ability to utilize




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     the federal General Services Administration's (GSA) procurement services and rates.223 Full
     utilization of these services can drive additional procurement savings.
     Procurement savings specific to hospitals are discussed in Section 13.4.6.

     13.4.6 Transforming hospital management
     Due to the large volume of spending on procuring medical supplies and equipment and the
     high cost of such materials, there is a significant opportunity to improve procurement
     efficiency for hospitals and health systems by focusing on commodity standardization and
     sourcing, indirect spending (analyzing insourcing versus outsourcing opportunities), and
     physician preference item optimization.
    ASEM was originally created to serve as a central procurement office for Government hospitals
    to create economies of scale for medical supplies, devices, and services. Over time, however,
    procurement costs increased at a higher rate than within the broader healthcare industry, and
    procurement processes became decentralized across the hospitals that ASEM was created to
    serve. This trend can be reversed through cross-agency cooperation to leverage economies of
    scale.
     Efforts to address this issue have begun, with the University District Hospital for Adults
     (UDH) working with ASEM to centralize purchasing and establish competitive bidding. These
     early efforts have yielded reported savings of —$9 million to date.224 However, the opportunity
     exists for more health agencies and facilities (e.g., the Pediatric University Hospital) to
     participate in procurement centralization and efforts should be made to expedite this cross-
     agency cooperation.
     Holistic hospital transformation efforts should also reduce payroll spend through clinical
     labor optimization, which is captured in Section 13.4.3. To date, health agencies have
     successfully implemented Electronic Health Records (EHR) in the Emergency Room, Trauma
     Center, and Operating Rooms, and at UDH and the Pediatric University Hospital. However,
     financial savings from EHR deployment have not been reported. As discussed in Section
     13.4.3, hospitals should leverage investment in IT to implement digital clinical management
     tools in the near-term.

     13.4.7 Restructuring ASEM and Revenue Cycle Management
     Optimized revenue cycle management allows hospitals to improve timely collection on
     accounts receivables. Without leveraging software solutions and analytics, these processes can
     be labor-intensive and ineffective. By working with analytics experts, ASEM can increase the
     speed and accuracy of claims processing, improve collection rates, and maximize revenue.
    ASEM has selected a vendor through a competitive process to outsource revenue cycle
    management. As of February 2020, ASEM expected to finalize an outsourcing contract,
    however, launch of the project has been significantly delayed due to the COVID-19 pandemic.
    As of May 14, 2020, the contract had still not been signed. Accordingly, no savings have been
    achieved to date. As soon as feasible, ASEM should resume efforts to launch the transition to
    outsourced revenue cycle management.

     13.4.8 Required implementation actions
    To achieve the 2020 Fiscal Plan requirements, the DOH grouping must complete key
    operational efficiencies as outlined in Exhibit go.


     223 GSA order GOP 4800.21 (July 19, 2016)
     224 Health Implementation Meeting, February 2020


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     EXHIBIT 90: DEPARTMENT OF HEALTH REQUIRED IMPLEMENTATION ACTIONS
     Required implementation action                                                                   CW3E11111.1          FY2021 budget incenthe

     •     Launch ASEM revenue cycle management initiative with engaged vender                        • June 2020
     •     Develop near-term and tong-term plan to improve data consolidation capabilities and        • June 2020
           develop unified syndrornic Surveillance system

     •     Identify common administrative and medical supplies across health agencies and             • September 2020
           public hospitars with opportunities for savings through procurement centralization


     •     Develop plan to hire additional nurses to maintain FY2018 staffing levels. and             • September 2020
           optimize deployment across DOH facilities

     •     Identify 10e sites (e3. FQHCs. community centers) outside San Juan for potential           • September 2020
           installation of telehealth portal

     •     Identify ocaoid treatment initiatives I organiations for investment and partnership with       September 2021
           DOH
     •     Finalize design of medical student scholarship and identify potential federal matching         September 2020
           funding

           Develop proposat for hospital capital improvement projections including                    • September 2020
           recommended vendors. detailed cost estimates. and timelines for completion

     •     Ensure passage of legislation to enable consolidation of DOH and ASES                      • December 2970


     •     Conduct capacity analysis Is identify duplicatrve roles and positrons across               • December 2020      • Provide addrtional Si 2M of
           agencies/programs and opportunities for centralization of duplicative tasks                                        pro-fessional services budget'

     •     Work with providers to develop action plan to enable lelehealth including required         • December 2020
           tools/software

     •     Centralize procurement of identified administrative and medical supplies within ASEM           December 2020


     •     Develop plan to improve clinical operations. including identification of hospital          • December 2020
           management software /solutions          EHR software)

     •     Enact legislation to consolidate DOH and ASES and launch consolidation                     • March 2021
           implementation efforts

         orckhdincr riaavrtala. raeullatd and IrWeclual. Csatiliv




     13.5Department of Public Safety (DPS)
    The Department of Public Safety (DPS) is an agency grouping which was approved by Puerto
    Rico's Legislature in 2017 (Act 20) and includes eight bureaus responsible for ensuring the
    safety and security for all residents of the Island (Exhibit 91). The grouping includes
    the following agencies:
     EXHIBIT 91: LIST OF BUREAUS IN DEPARTMENT OF PUBLIC SAFETY GROUPING

             Puerto Rico Police Bureau (PRPB)                                             5 9-1-1 Services Governing Board

      2 Firefighters Corps                                                                6 Institute of Forensic Sciences

      3 Emergency Medical Services Corps                                                  7 Special Investigation Unit

      4 Emergency Management and Disaster                                                 8 Department of Public Safety
         Administration Bureau


    Of all Commonwealth agencies, the second largest agency by spend and personnel is the
    Puerto Rico Police Bureau (PRPB), representing —85% of total DPS spend. Based on reports
    as of July 2017, over 2,000 of the 13,000 sworn officers in the Police were fulfilling
    administrative roles. This situation had persisted since 2013, when a consent decree
    agreement with the US Department of Justice on reform measures compelled PRPB to
    conduct a staffing allocation and resources study to assess the proper size of the police force.
    This study, completed in May 2018, found that PRPB needed to rebalance its workforce and
    move sworn officers to non-administrative roles to improve personnel resource allocation and
    maximize public safety. The Fiscal Plan adopted key recommendations from the study to

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     outline necessary efficiency actions, including transitioning sworn officers to the field, adding
     civilians to backfill administrative roles, and increasing police salaries to bring to competitive
     levels as compared to the mainland by FY2021.
     For other DPS bureaus, the 2020 Fiscal Plan requires consolidation of back-office functions
     and optimization of non-personnel spend, while allocating funds for priorities such as consent
     decree compliance, materials and equipment, additional frontline personnel for the Institute
     of Forensic Sciences, and salary increases for the Firefighters Corps. Specific investments and
     other funding are outlined below.
    To date, the Department has made some progress towards consolidating back-office roles,
    partially implemented a time and attendance system, and digitized all forms (including the
    CAD system incident reporting). The 2019 Fiscal Plan included investments in police
    compensation: salary, life and disability insurance, and inclusion into Social Security as part
    of PRPB retirement compensation to reduce the high attrition rates amongst police officers
    noted in previous years. Following these investments, attrition rates saw a decrease from 9%
    in FY2019 to 1% in P12020.
     However, several operational challenges remain. As of March 2020, PRPB reported that
     -1,200 of 11,650 sworn officers were still performing administrative roles. A combination of
     high historical attrition rates, the agency's continued inability to hire additional civilian staff,
     and a push for headcount reductions through Voluntary Transition Programs (VTP) has led to
     a shortage of field officers and increased overtime spend. PRPB implemented two academies
     and recruited 263 cadets in FY2020 to address this shortage, but despite these efforts, PRPB
     has struggled to hire civilians and to enable more cadets and sworn officers to move into field
     roles.
     Several DPS bureaus (such as the Institute of Forensics Sciences) have also struggled to fill
     vacant positions, both in field and administrative roles. As such, the 2020 Fiscal Plan
     highlights the need to drive actual changes in processes and back-office efficiencies, as relying
     on retirement incentive programs to reduce frontline staff has the potential to negatively
     impact service levels. The currently unfolding COVID-19 crisis further necessitates DPS
     bureaus to resolve recruitment issues by utilizing payroll investments provided by the Fiscal
     Plan (see below) to maintain service levels.

      Safeguarding public safety

      The 2020 Fiscal Plan includes continued investment in public safety for Puerto Rico. The below
      detailed investments shall enable the Bureaus to hire and retain frontline employees and work
      with proper and sufficient equipment. Investments include:
      ■ Sworn police officer salary increase (—$160 million per year): The Fiscal Plan
          continues the provision of funds to support the 3o% increase in salary relative to FY2019
          levels (which already included a $1,500 raise per sworn officer instituted at the beginning of
          FY2019), provided in two installments of 15% each in FY2o2o and FY2o21. It also maintains
          increased funds for life and disability insurance ($250 per year per sworn officer), employer
          Social Security contributions for all police starting in FY2o2o, and Law 70 contributions.
      ■ Firefighter salaries and equipment (—$3 million per year): The 2020 Fiscal Plan
        provides the funding required to preserve the $1,500 salary increase for
        firefighters in FY2o2o. The Fiscal Plan also maintains $2 million in FY2020 for
        Firefighter Corps for the purchase of equipment and materials.

      a   Institute of Forensics personnel and materials: The Forensics Sciences Institute has
          struggled, especially since Hurricanes Maria and Irma, to respond to needs on Island. It has
          experienced backlogs in cases and physical capacity constraints. As such, the 2019 Fiscal Plan
          had established an investment of $4.7 million in payroll to enable the hiring of forensics
          scientists, patholo sts, examiners, and DNA • ecialists. The 2020 Fiscal Plan continues an



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            investment in Forensic Sciences Institute of $2.3 million annually, with provision for a further
            $1.1 million if the agency successfully implements a recruitment drive for its specialist roles.
      ■ Emergency Medical Corps personnel: Since 2017, EMS has registered an improvement
        in its response time by 14 minutes despite facing attrition of -too paramedics. Taking into
        account the unfolding COVID-19 emergency, the FY2o2o Fiscal Plan provides funding to the
        Bureau to recruit additional paramedics and further improve response time to US mainland
        standards. Therefore, the 2020 Fiscal Plan also establishes an annual investment of $1.1
        million annually towards the recruitment of paramedics and dispatchers.
      •     Police overtime backpay: Funds are included for the final of three installments to settle
            backpay owed to officers for past services provided. This equals $122 million in FY2o21.
      In addition, the Fiscal Plan includes funds to support compliance with federal consent decrees.
      •     PRPB reform: $20 million annual investment in 212 areas of police improvement for two
            consecutive years. The Fiscal Plan includes funding to meet the requirements of the
            agreement.
      ■ Police overtime: The Fiscal Plan includes funding for overtime pay and implementation
        and maintenance of the Kronos electronic timekeeping and overtime management system.


     13.5.1 Overview of ef ficiency measures
     DPS will not be required to achieve additional savings in FY2o21 over that required in FY2o2o
     - this delay in incremental measures is intended to provide the funding needed to urgently
     implement efficiency efforts. However, from FY2022 to FY2025, DFS must achieve the
     personnel and non-personnel savings outlined in Exhibit 92,
     EXHIBIT 92: DEPARTMENT OF PUBLIC SAFETY MEASURES SUMMARY OF IMPACT
      Run-rate savings from agency efficiency measures', Ski
                                                         -—-
                                                          IF Non-personnel •Personnel     szk   Incremental measure



                                        0                21            17           2                   2

                                                                       179         181                 183
                                                         162                        36                  36
                                                                       36
              141                     141                35
               21                      31



                                                                       143         145                 147
              120                                        128
                                      '110




             FY20                    FY21                FY22          FY23        FY24               FY25

      lEttrivarrn. irnWsmni Ire direr koairg irk7aaa-4




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     13.5.2 Moving sworn officers out of administrative roles and into the field
    As of March 2020, PRPB reported 11,650 sworn officers, of whom —1,200 are still performing
    administrative roles. PRPB should replace sworn officers currently performing civilian
    duties—such as mechanics, radio operators, record and report keepers, area command
    statistics compilers, and maintenance workers—with less expensive civilian personnel and
    move the sworn officers out into the communities. By doing so, PRPB will enable better
    services through enabling more officers to work in the field, while reducing overall
    expenditures for the Bureau.
    The 2020 Fiscal Plan requires that PRPB move more than 1,000 sworn officers to non-
    administrative roles between FY2o2o and FY2o25 and hire an additional —goo civilian
    personnel to perform the administrative functions, while also pursuing efficiency measures to
    reduce the overall need for administrative personnel. PRPB should do so by pursuing process
    optimization, digitizing incident reporting, automating time and attendance systems, and
    consolidating statistical reporting. Furthermore, DPS must streamline vehicle maintenance
    processes through superior scheduling and procurement protocols, which can reduce the need
    for vehicle maintenance staff.
    To achieve additional efficiencies, PRPB must consolidate police stations, transit units, and
    specialized units to reduce the amount of administrative personnel required (e.g., station desk
    officers, station commanders and directors, stations auxiliary commanders and directors, and
    vehicle managers). Simultaneously, PRPB must eliminate units and divisions which perform
    duplicative services already provided by other agencies within the Government (e.g., the
    Divers Unit, the Rescue Squad Division).
     PRPB has made progress, including successfully piloting a time and attendance system in one
     precinct (with plans to deploy it across all PRPB precincts by December 2020) and digitizing
     the incident reporting system (TIBURON/CAD). Further, due to salary and benefit raises
     (including Social Security and disability &life insurance) provided in the May 2019 Fiscal Plan,
     sworn officer attrition rates saw a decrease from 9% in FY2o19 to 1% in FY2o2o.
     However, on overall process improvements, as well as its goal of moving more sworn officers
     into the field, PRPB is behind. The Bureau still has 1,200 sworn officers serving in
     administrative roles, with a shortage of -520 officers in the field. This is due to a lack of real
     back office operational improvement, struggles to hire civilian personnel, and overall attrition
     rates.
    The Bureau has reported no savings from back-office efficiencies, and in February 2020, DPS
    reported that 7 officers in administrative roles had been replaced by 12 civilian employees,
    which is not in line with partial back-fill targets as required in the 2020 Fiscal Plan. Efforts to
    implement two academies and recruit 263 cadets in FY2o2o have not solved current staffing
    shortages.
    The Bureau has also struggled to recruit civilians to administrative roles, despite multiple
    attempts to recruit from civilian staff within government as well as external efforts. In FY2o2o,
    PRPB launched external recruitment for 187 roles, but received applications from only 134
    candidates. OARTH has made 19 external sourcing attempts to fill 130 positions, with 200
    applications received but no positions have been filled to date. The Department claims the
    limited hiring is due to non-competitive salaries for the civilian roles, additional requirements
    (such as thorough background checks), and academic/professional experience needed to
    qualify (DPS claims to have implemented multiple recruitment drives, both within the
    government as well as externally, to recruit for accounting, legal and, other back-office roles).
    However, DPS has not provided evidence to substantiate claims of non-competitive salaries or
    a plan for addressing any of these claimed obstacles.




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     Without focused action, PRPB will be unable to achieve the actions needed to transform its
     operations and ensure it can move more sworn officers onto the streets to improve public
     safety on the Island.

    13.5.3 Reducing overtime
     PRPB spent approximately —$50 million on overtime in FY2018 (excluding the emergency
     overtime needs resulting from Hurricane Maria). This level of overtime is considerably higher
     than overtime for comparable police forces in US mainland states. For instance, Connecticut,
     which has a similar population to Puerto Rico, had overtime spend of only —$28 million on a
     comparable basis in 2017. This gap comes even though Connecticut's total police spend per
     capita is —$140 less than in Puerto Rico225,
    The Fiscal Plan, therefore, has required PRPB reduce paid overtime by 6o% by FY2023, in
    part through the operational efficiencies noted above, as well as through moving more sworn
    officers into the field and through staffing models that are more effective.
     While PRPB reduced overtime spend in FY2019, there has been a sharp increase in FY2o20,
     driven by a shortage of field officers and inability to hire civilian staff. Based on latest
     information made available by PRPB, as of February 2020, the Police Bureau had already
     spent $32.5 million, almost twice its FY2o2o budget on overtime, including $1.4 million that
     had been disbursed on account of the January 2020 earthquakes. However, 23% of the spend
     was related to payouts from previous periods. Meanwhile, additional increases in overtime are
     expected due to upcoming elections in FY2021. During the last election cycle, primary
     elections drove a —$10M increase in overtime spending. Additional systemic factors (e.g.,
     policy to pay current pay rates for previously incurred overtime), drive increases in overtime
     pay.
    Tracking and management of overtime is further complicated given a manual process and lack
    of centralized reporting. As a result, DPS does not have visibility into the numbers of overtime
    hours in a given period. A system to track overtime hours (SITAS) has been successfully
    implemented in Puerto Nuevo, and future expansion is expected. Schedule has 1 Phase with 3
    cycles of 2,000 employees, one cycle for every month from April-June 2020. Second Phase
    has another 3 cycles of 2,000 employees, for the months of Oct-Dec 2020, respectively.
    The Bureau should continue to advance efforts to improve tracking and management of
    overtime to avoid unnecessary costs moving forward.

     13.5.4 Driving other DPS agency personnel efficiencies
    The other DPS bureaus226 are required to consolidate back-office functions into the DPS
    agency to achieve efficiencies, with a 50% reduction in transitory workers starting in FY2019.
     Measurable progress has been made at DPS in consolidation of back-office functions. DPS has
     reported that 600 employees227 have transferred to DPS from the 7 Bureaus within the
     grouping to perform centralized back-office functions. DPS has established direct reporting
     lines and process integration across all seven bureaus (for Procurement, Legal,
     Communications, HR and Finance), and migrated all Bureaus onto standardized system
     software for key back-office functions (e.g., accounting, finance, procurement), which would
     further ease the transition to centralized back-office operations beginning FY2021. Starting in
     FY2021, the DPS budget will reflect and fund a centralized back-office staff to support all



     225 Connecticut Office of the State Comptroller; census data 2014; FBI Crime Justice Information Services
     226 Excluding 9-1-1
     227 Including more than 200 positions that are currently vacant.


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     Bureaus within the Department. The Oversight Board is awaiting from DPS a proposed end-
     state organization structure, estimated staffing allocation, and an implementation timeline.
     The Firefighter Corps has adopted the time and attendance system (Kronos) for administrative
     roles. As of now, DPS has not confirmed plans for other agencies to adapt this same system,
     though that would enable better transparency in personnel time allocation and payroll
     expenditures.

      The Institute of Forensic Sciences has successfully converted 23 transitory positions into regular
      frontline roles, but the bureau has struggled to implement the 2019 Fiscal Plan's FY2020 payroll
      investment to hire additional frontline staff. The Firefighter Corps has also failed to recruit additional
      frontline personnel in FY2020. Both the Institute of Forensic Sciences and Firefighter Corps, as well
      as the Bureau of Emergency and Disaster Management, project an underspending in personnel
      budget in FY2020 due to personnel shortages and a lack of capacity to hire additional frontline staff.


     13.5.5 Optimizing all DPS agency non personnel spending
     DPS must achieve procurement savings of 3o% on FY2o18 spend base. To do so, DPS should
     centralize and consolidate purchasing for all DPS agencies, leveraging the federal General
     Services Administration, utilizing e-auctions, launching competitive Requests for Proposal
     (RFPs), and outsourcing contracting responsibilities.
     While DPS has identified — 35 contracts for potential consolidation in the future, no estimated
     savings for those contracts have been communicated.

     13.5.6 Required implementation actions
    To achieve the 2020 Fiscal Plan expectations, the Department of Public Safety grouping must
    complete key operational efficiencies as outlined in Exhibit 93.

     EXHIBIT 93: DEPARTMENT OF PUBLIC SAFETY REQUIRED IMPLEMENTATION
     ACTIONS
      Required implementation action                                                                                       Dead:me
                                                                                                                           - -
      • Launch external recruitment drive for civifians to fill target administrative role vacancies in PPS 1111 FY2021    • July 2020



      • Outline end-state organization design (with proposed reporting structures) and operationalize consolidated         • September 2020
        back-office for shared servic esnunctions across all ❑PS bureaus


      • Launch recruitment drives to fill specialist front-office roles across UPS agencies (e.g., Institute of            • September 2020
        Forensics. Firefighters. EMS)


      • Outline implementation plan to achieve overtime savings and launch initiatives to achieve rightsized               • September 2020
        staffing levels of sworn officers in field roles


      • Scale up rollout of automated time and attendance system (Kronos) across all PRFB precincts and other              • December 2020
        DPS agencies (e.g.. front-office personnel in Firefighters Corps)


      • Outline potential initiatives so achieve other operational process improvements across all bureaus (e.g.,          • December 2020
        digitization of incident reporting. consolidation of statistical reporting, streamlining of vehicle maintenance)



      • consolidate purchasing for all UPS agencies and report procurement efficiency gains                                • June 2021


      • Complete hiring of 900 civiHans to administrative roles to enable transfer of all sworn officers to field roles    • June 2024




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     13.6 Department of Corrections and Rehabilitation (DCR)
    The Department of Corrections grouping (Exhibit 94) consists of two agencies, the
    Department of Corrections (DCR), which manages the functions and policies of the Puerto
    Rican correctional system (including penal institutions and rehabilitation facilities, for men,
    women, and juveniles) and the Correctional Health Department (CH), which provides
    healthcare to the inmates under the jurisdiction of DCR. For FY2018 DCR reported a total
    employee headcount of 6,695, for an adult inmate population of 9,385 and juvenile population
    of 156. Together, these agencies had combined FY2018 budgets of $419 million.
     EXHIBIT 94: LIST OF AGENCIES IN FUTURE STATE DEPARTMENT OF CORRECTIONS
     AND REHABILITATION GROUPING
         DelogIrrent of Cr_HTL•i:r.lerlas orld Rellor3ivolLNI   4 C:,..-re•E•nrrim OaNtri Cetorlinoil




     While DCR's reality of operating an aging prison system dependent on outdated technology
     necessitates a relatively high number of employees, the actual number of employees is
     substantially higher than comparable benchmarks; whereas DCR's FY2018 17E-to-inmate
     ratio was 0.71, the 75th percentile of US states has only 0.54 FrEs per inmate.228 Besides its
     inmate population, DCR also served 7,122 community program participants in FY2018, a
     population that is three-fourths the size of its overall inmate population. In contrast, mainland
     US states with FTE-to-inmate ratios near 0.54 serve nearly 3.6 times as many community
     program participants as adult inmates in state prisons229. Additionally, while most US state
     prison systems are near 100% utilization, as of December 2017, Puerto Rico's prison facilities
     were only 78% utilized. 23°
    To deliver healthcare services to inmates, CH employs a hybrid management model
    comprising of in-house direct care providers and administrative roles, as well as contracted
    management of healthcare delivery through third-party vendor and healthcare providers (e.g.,
    Physicians, Mental health professionals). While most states in the US have a direct-care model
    or use staff for administration and outsource healthcare, CH's model is relatively complex and
    unique where a contracted vendor directly manages CH's roster staff as well. In FY2018, CH
    spent $8,499 per inmate to provide healthcare services, while median spend across US
    mainland states was $5,763.231
    In 1994, the United State filed a complaint against the Commonwealth of Puerto Rico and
    some named officials for subjecting juveniles confined in residential facilities to conditions
    that deprived them of their federal rights. The Commonwealth and the named Commonwealth
    officials agreed to settle the matter with the United States culminating in the comprehensive
    1997 Settlement Agreement. On December 12,1997, the US District Court for the District of
    Puerto Rico ("USDC") entered the Settlement Agreement as an Order. The USDC appointed a
    Monitor to ensure compliance with the provisions in the Settlement Agreement.
     In a report made for 2019, the Monitor concluded that the Department of Correction and
     Rehabilitation was non-compliant on three (3) provisions and partially compliant on twenty-
     one (21) provisions of the remaining provisions in the court approved Settlement Agreement.
     The non and partial compliance provisions were related to inadequate staffing levels, which
     hinders the security of the juveniles, and the conditions of the facilities. To address these
     issues, the Federal Monitor, concluded in a report that an adequate staffing analysis and a
     separate budget for the Juvenile Program would be conducive towards good management of
     the Juvenile Program. In April 2020, the USDC ordered to assign a separate budget for the

     228 NASBO. FBI. BJS databases
     229 Bureau of Justice Statistics, 2014
     230 Census data, 2014; Bureau of Justice Statistics, 2014
     231 Pew Trust 'Prison Health Care: Costs and Quality" Report, 2017


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     Juvenile Program in the amount of $22 million. Going forward, the Oversight Board will be
     separately delineating a budget for the Juvenile Program at a granular concept code level.
     Below is the FY2021 preliminary budget intended to be certified.
    The Oversight Board has not seen any progress towards achieving operational efficiencies by
    DCR or CH. DCR's system wide utilization of spaces for adult prisons continues to lag at 74%
    as of January 2020. This has mostly been driven by declines in the prison population over the
    past decade that have not translated into reductions in government resources dedicated to
    prisons. The adult inmate population in DCR has declined by 6% per year between 2014 and
    2020, while total employees has been reduced by only 4% per year over the same period.

     Following the earthquakes, DCR had to close a severely damaged facility in Ponce, and two
     other facilities were partially evacuated. Further, two additional facilities, which were
     reportedly consolidated in the past, had to be reopened to transfer inmates temporarily. In
     light of these operational challenges, as well as additional challenges emerging from the
     COVID-19 emergency, it is imperative for DCR to identify inefficiencies embedded in the
     system currently and enhance Puerto Rico's correctional facilities to make more space
     operationally useful and optimize delivery of healthcare service to its inmates.
     While in FY2021, DCR and CH will not be held to any incremental measures, DCR and CH are
     expected to continue agency efficiencies in order to move toward a more efficient staffing
     model and facility footprint. To enable progress, the Oversight Board will make a one-time
     investment of $500,000 for a feasibility study to identify major areas of disrepair and capital
     investment need.
    The Oversight Board strongly believes that DCR must focus more carefully on how it spends
    its resources so that it can more successfully deliver on its mission to protect inmate and staff
    safety.

      Supporting the correctional system
      To ensure DCR makes meaningful progress in facility consolidation and improvement of its FTE-
      to-inmate ratio, the 2020 Fiscal Plan includes $500,000 in additional funding for a feasibility
      assessment on facilities, to identify priority areas for capital investment and begin to fill major
      gaps in infrastructure and other features. At the conclusion of this study, the Oversight Board will
      provide $5 million in capital expenditures to enable improvement of facilities.
      The 2020 Fiscal Plan also includes explicit funding to enable DCR to fulfill federal consent decree
      requirements, including:
      •   Corrections reform: The Fiscal Plan takes into account minimum confinement standards
          and inmate support at Puerto Rico Corrections facilities and ensures funding availability to
          meet them

      •   Juvenile corrections: The US District Court recently approved a $22 million budget for the
          FY2021 Juvenile program following a joint recommendation from the Juvenile Program and
          the Federal Monitor that was appointed to the case. The Fiscal Plan includes funding to meet
          the requirements of the Court.
      •   Correctional Health reform: The Fiscal Plan provides funding to meet correctional health
          requirements based on the Carlos Morales Feliciano case.



     13.6.1 Overview of efficiency measures

     For FY2021, the 2020 Fiscal Plan does not require additional savings for DCR and CH; this
     pause must be used to urgently implement efficiency efforts. From FY2022 to FY2025, DCR
     must achieve the personnel and non-personnel savings outlined in Exhibit 95.



                                                      184




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     EXHIBIT 95: DEPARTMENT OF CORRECTIONS AND REHABILITATION MEASURES
     SUMMARY OF IMPACT
       Run-rate savings from agency efficiency measures'. M

                                                                            Non personnel • Personnel    xx Incremental measure



                                         j411_                    47                 4


                                                                                  106             107               108
                                                                  102
                96                                           1M1■
                                                             lip 1mr._
                                                                   111111


                30                                                 40


                                          55

                                           20

                                                                                   65              06




              FY20                      FY21                      FY22            FY :?.2.        FY24             FY25

      1 E.:rltlnn I.Totrrierits and ottie,, rdirittrig cr,e2Ets



     13.6.2 Optimizing the Irl'Es-to-inmate ratio
     Personnel savings must be captured by reducing DCR FFEs per inmate to reach a
     target employee headcount of 5,604 to serve current inmate population of 8,855. 232 This
     headcount target implies a target FTE-to-Inmate ratio of 0.63 by FY2023 in comparison to the
     bottom-quartile US states' benchmark of 0.54 (the prior target ratio in preceding Fiscal Plans).
     233 Thus, the 2020 Fiscal Plan provides significant relief in personnel savings DCR is required
     to achieve by lowering its FTEs per inmate target. With minimum staffing needs established
     by law for juvenile officers and DCR's obligations towards community program participants
     (through socio-penal technicians), DCR must achieve headcount reduction targets through
     rightsizing administrative staff roles, and redirecting correctional officers currently working
     in administrative or civilian roles.

     DCR must achieve these personnel reductions by employing back-office process efficiencies.
     Building internal capacity, increasing access to information technology, establishing clear
     measurement tools for identifying progress in implementation and quality of services
     rendered, identifying and training staff to assume leadership positions in Finance and
     Operations, having increased control over its budget, and strengthening quality assurance
     systems. The Oversight Board believes these changes would be conducive towards better
     administration of services being provided to its employees and inmate population both for
     adults and juvenile programs.




     232 Reported as of Jan 02, 2020
     233 Census data, 2014; Bureau of Justice Statistics, 2014


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     13.6.3 Consolidating adultfacilities
    To bring the system in line with the requirements of the population and to increase utilization
    across all prisons, DCR is required to consolidate its footprint to reach an overall system
    utilization of 93% while maintaining appropriate separation of different inmate risk profiles
    and populations, including men, women, and juveniles, as required.
    DCR's facilities are technologically outdated with a deteriorating infrastructure. There are
    additional repairs needed for plumbing, electric, roof sealings and gate repairs, among others.
    The January earthquakes have complicated matters significantly. A facility in Ponce had to be
    closed down due to a shift in the ground that affected the overall structure.
     Given the FY2021 has no additional savings requirements — DCR must use this time to move
     forward with the consolidation of adult facilities. In FY2021 DCR is required to conduct a
     facility footprint and consolidation assessment study with the objective to: (1) diagnose
     current state of infrastructure across its facilities, (2) identify capex investment needs and (3)
     identify opportunities for additional facilities that could be consolidated. This assessment
     would serve as a guiding tool for DCR to implement the consolidation of facilities following an
     overarching and comprehensive approach.
     DCR has reported consolidating five prisons before FY2o18 and the additional closing of four
     prison facilities, including two juvenile facilities, a departure from Fiscal Plan expectations.
     However, DCR has continued to operate those facilities, at least in part, using them as storage,
     administrative offices, or program offices (e.g., community program, special arrests) with no
     savings achieved.
    Though DCR has reportedly consolidated facilities, its system-wide utilization rates for
    facilities that house inmates continue to be low. Based on post-earthquake information made
    available to the Oversight Board in January 2020, DCR had to reopen two facilities to transfer
    inmates because of damage made by the earthquakes. DCR is now operating a total of 32
    facilities with a total capacity of 12,259 spaces for 8,855 inmates, implying a utilization rate of
    72%. This indicates potential for DCR to further consolidate additional facilities.
    Almost 13% of total capacity is reported 'uninhabitable'. To enable improvement in
    habitability of this excess space, the Oversight Board provided DCR a one-time capex
    allocation of $19.2 million in FY2o2o. However, the agency did not utilize these funds to
    improve habitability of spaces, instead spending the funds on regular roof repairs, perimeter
    gates repairs, infrastructure repairs and purchase/installation of power generators. Given
    lower inmate population, DCR has consistently pointed to the uninhabitable spaces in large
    prisons. Making these spaces habitable may be a key element to enable additional
    consolidations of low utilization prisons going forward.234
     Completion of the feasibility study by mid FY2021 will provide additional clarity and further
     direction as to which facilities are idle for additional consolidation either by investing in
     repairs to uninhabitable spaces and making the general repairs needed to existing facilities.
     While DCR implements the consolidation of its footprint, operational consolidation needs to
     happen for the agency to achieve savings. DCR must cease operations in facilities not currently
     used to house inmates and, accordingly, wind down maintenance and operating costs. At
     minimum, DCR would need to completely cut off utility costs (electricity, water) at these
     facilities, and wherever possible, identify opportunities to enable transfer of ownership to
     generate savings. Capital improvements on facility modernization (e.g., electronic monitoring
     through installation of security cameras, automated gates, etc.) can reduce dependence on
     front-line personnel and enable personnel efficiencies as well.


     234 As of January 2020 data, 11 facilities with the lowest utilization rates had 925 inmates who could be transferred to the
         remaining facilities to increase system wide utilization rates to 91%


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    All in, the 2020 Fiscal Plan expects 40% of non-personnel operating expenditures to be
    captured by FY2025 for each closed facility by consolidating the physical footprint, winding
    down contracts, and other levers, with the remaining operating expenditures transferred to
    support population increases in other facilities. These savings account for the inability to
    reduce certain fixed costs associated with the facilities. To further enable savings from
    consolidations and reduced FTEs, DCR may contemplate initiatives to actively reduce the
    prison population as appropriate, such as alternative custody, diversion and/or credits for
    good behavior/program completion, programs to reduce recidivism like in-prison drug
    rehabilitation, and increased training and occupational programs.

     13.6.4 Reducing procurement spend
     In FY2018, DCR spent $73 million on procurement, costs that can be reduced through a
     variety of means, including leveraging the Federal General Services Administration, utilizing
     e-auctions, launching competitive Requests for Proposal (RFPs), centralizing purchasing to
     the greatest extent possible, and outsourcing/contracting responsibilities.
     In FY2019, DCR reported --$4 million in procurement savings through renegotiation of HMO
     contract for delivery of correctional health services, closure of administrative offices and
     Juvenile facility at Humacao. In FY2o2o, DCR reported a decline in the number of signed
     contracts (from go to 44) but did not reported any associated savings.

     13.6.5 Improving management ofprisoner healthcare
     In FY2018, the Government spent $8,499 per inmate for correctional healthcare. The 2020
     Fiscal Plan requires the Government to bring per-inmate spend in line with the 50th percentile
     of US states and unlock savings by renegotiating existing contracts, launching competitive
     RFPs for key contracts that will provide terms more in-line with mainland spending practices,
     reconsidering level of service due to the currently declining prison population, and
     strategically evaluating insourcing options.
     Furthermore, CH must achieve personnel efficiencies by reevaluating its staffing policies for
     administrative and support roles (such as paraprofessionals, pharmacists, etc.), and
     implementing back-office process efficiencies or centralization/digitization of common tasks
     across facilities.
     CH reported achieving procurement savings in FY2019 through efficient inventory
     management, renegotiating procurement contracts with rebates, implementing generic drug
     buying policy, new medication formulary and clinical management.235 In FY2020, CH did not
     achieve savings targets and the Oversight Board provided one-time additional funding of $8
     million to cover overspend. Even as DCR has achieved procurement savings through
     renegotiating the correctional health HMO contract and food services contract, there are still
     opportunities to evaluate potential savings on other contracts in Correctional Health,
     including those for sub-contractors.236

     13.6.6 Required implementation actions
    To achieve the 2020 Fiscal Plan requirements, the Department of Corrections and
    Rehabilitation grouping must complete key operational efficiencies as outlined in Exhibit 96.




     235 As reported by Physicians HMO — correctional health administration and management vendor
     236 Contract with Carolina Catering was established prior to FY2020. However, ongoing legal proceedings with Trinity catering
         (prior vendor) has delayed implementation of the new contract.


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     EXHIBIT 96: DEPARTMENT OF CORRECTIONS REQUIRED IMPLEMENTATION ACTIONS
      • • i• -    •,:cementation action                                                              Deadline             'r"2021 bti•;,et incentwE

      •    Implement back-office process redesign (e.g.. digitization of record keeping) to           • July 2020
           achieve personnel efficiencies and reach FY2022 headcount targets


      •    Provide outline for facility footprint and consolidations assessment study                • July 2020




      •    Provide updated roster of Correctional. Health employees (direct contracted). outlining • July 2020
           key roles and responsibilities to validate current staffing levels



      •    Provide facility-level data on open spend. list of procurement contracts and outline       • September 2020
           initiatives to achieve procurement efficiencies in FY2022


      •    Publish facility foolpnnl and consolidation assessment study listing facitrties to be      • December 2020     • Provide 35M additional Capex funds
           considered for consolidation or investment required to improve habitability of spaces                             (excluding capes for Juvenile program)



      •    Provide assessment of healthcare spend per inmate and identify initiatives to generate • December 2020
           personnel or apex savings



      •    Implement Plan to consolidate additional Inc ilitieS and improve habitability of spaces to • March 2021
           improve system level utilization of existing spaces and provide supporting
           documentation (e.g.. RFP documents submitted to proceed with consolidation)



      •    Outline initiatives to reduce headcount in order to achieve target headcount in FY2022 • March 2021
           and onward




     13.7 Department of Economic Development and Commerce
           (DDEC)
    The Department of Economic Development and Commerce {DEC) includes a consortium of
    agencies critical to incentivize and support the economic revitalization and transformation of
    Puerto Rico's economy. To promote growth, DDEC must enable high-impact projects, energize
    existing industries, and facilitate the attraction of off-Island investments to strengthen and
    modernize the Island's economy. Additionally, the Department manages a variety of youth and
    workforce development programs meant to foster qualities (e.g. entrepreneurship, job-
    preparedness) crucial to a growing economy. Finally, DDEC and its component agencies are
    charged with the implementation of structural reforms (e.g. overhauling permitting) to
    transform Puerto Rico into a more competitive business, tourist, and investment destination.
    To ensure a streamlined economic development function and realize efficiencies, seven
    agencies have been slated for full front- and back-office consolidation into DDEC, with three
    more agencies to become assigned to the Department. Assigned agencies will consolidate their
    back offices into DDEC, but retain separate front offices. The agencies to be consolidated are
    as shown below (Exhibit 97).

     EXHIBIT 97: LIST OF AGENCIES IN FUTURE STATE DEPARTMENT OF ECONOMIC
     DEVELOPMENT GROUPING237
          f Department of Economic Development and Commerce IDDECy                                 6 Commonwealth of Puerto Rico Regional Center Corporation

       2 Puerto Rico Industrial Development Company                                                1, Local Redevelopment Authority Tor Roosevelt Roads
       3 Puerto Rico Trade and Export Company                                                      t Permits Management Office

       4 Ofitce of Industrial Tax Exemppoo                                                         9 PPM% Rico Tourism Company
       5    State Oftice of Energy Policy                                                          ia Planning Board



     237 While agency #2, Puerto Rico Industrial Development Company (PRFOCO) is expected to consolidate with DDEC, its cash
         flows are no longer include in the Commonwealth projections for the 2020 Fiscal Plan


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     13.7.1 Overview of efficiency measures
    DDEC will not be required to achieve additional savings in FY2o2i over that required in
    FY2o2o — this delay shall be used to progress implementation efforts across key reforms. In
    Fy2022 to FY2025, DDEC must achieve the savings outlined in Exhibit 98.

     EXHIBIT 98: DEPARTMENT OF ECONOMIC DEVELOPMENT MEASURES SUMMARY OF
     IMPACT
      Run-rate savings from agency efficiency measures',

                                                                           ' Non-Personnel U Personnel    xx Incremental measure

                                               31                   (3)            2

                         Reductions due to decknes in
                         Tourism SRF revenue and
                         twisters to other agencies

                                               58                                                   57                58
                                                                     55            57




                 27




                                                                                                    13                13

               FY20                           FY21                  FY22          FY23             FY24             FY25

       I   .1.(1■01,14y Ihnngq Owl n .0tita    irnugiithir it**()
                    -nmacIrrtit,       rft.1.11 1.MA-



     13.7.2 Consolidating operations and rightsizing personnel
     The Fiscal Plan requires DDEC to consolidate io entities to yield significant personnel and
     non-personnel savings. This requires that DDEC clearly define each agency's responsibilities
     to limit costs and prevent overlapping duties and distinguish agency responsibilities from
     those of Discover Puerto Rico (DPR)—currently responsible for attracting off-Island tourists,
     groups, and conventions—and Invest Puerto Rico (IPR)—charged with attracting offshore
     investments from businesses.
    The Fiscal Plan requires DDEC to realize front and back-office personnel efficiencies as the
    Department consolidates other agencies. Specifically, DDEC should reduce front-line
    personnel by 20% by FY2022 to produce a streamlined and efficient organization. In line with
    the findings of a Government analysis that identified a redundancy in service of back office
    personnel across the Department, DDEC should also consolidate back-office operations to
    reduce back-office headcount by 41% by FY2o22.238
     Further, DDEC should establish a set of key performance indicators, targets, and milestones
     for each of its subsidiaries to measure the performance of its subsidiaries and partners and act
     to address issues.



     238 DDEC analysis. 2018


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     Pursuant to Law 141-2018, seven of the above entities will be fully consolidating into DDEC
     and three will be partially consolidating. To date, DDEC has made substantial progress by
     consolidating 70% of agencies. Five of seven agencies have moved to centralized accounting
     and payroll systems, with Trade and Export on track to be the sixth by June 2020. By FY2021,
     all agencies will have one accounting system except for PRTC, PRIDCO, RR and PB.
    Although DDEC has integrated seven of ten agencies and merged agencies' back-offices into
    one, targets are at-risk due to PB, PRTC and RR. Due to the recent creation of the Gaming
    Commission and the inclusion of PRTC in DDEC's Fy2021 budget, the consolidation of PRTC
    as a program under DDEC must be concluded as established under Law 141-2018. The
    remaining outlier is the Planning Board, which has not yet been consolidated in accordance
    with the law and must be by FY2022. DDEC has struggled to integrate their back office given
    lack of cooperation from the Planning Board. Finally, a capacity analysis for the future state of
    DDEC, explaining the various offices and the required personnel, has yet to be presented to
    the Oversight Board.
     Further, DDEC has only reduced headcount through Voluntary Transition Programs (VTP) or
     natural attrition. To achieve personnel reductions in a manner that does not compromise
     short-term or long-term operational capabilities, DDEC will need to analyze its personnel base
     and develop a targeted plan for what roles could be rationalized. Cross training employees
     from PRIDCO and Trade and Export must be a priority of DDEC for the first half of FY21.

    13.7.3   Achieving non personnel efficiencies
     DDEC must also reduce non-personnel spend by 30% by FY2022. DDEC has yet to initiate its
     procurement reform which should aim to generate savings from contract renegotiations.
     Going forward, DDEC must focus on reviewing all its procurement contracts and identify top
     contenders for contract consolidation or renegotiation.
     In addition to reducing procurement spend, DDEC should consolidate its physical footprint to
     accommodate all the programmatic areas and back office personnel and manage all tax
     exemptions, grants and credits under one centralized Department. Physical space
     consolidations are currently under way, with remodeling of PRIDCO's office space in Hato Rey
     to provide front office employees a space to receive citizens and businesses in a more
     accommodating environment. In the future state, all back-office employees will be located in
     the ME building, while PRTC, PB and RR will continue to maintain the office space they
     currently inhabit.

    13.7.4   Required implementation actions
    To achieve the 2020 Fiscal Plan requirements, the Department of Economic Development and
    Commerce must complete key operational efficiencies as outlined in Exhibit 99.




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     EXHIBIT 99: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMERCE
     REQUIRED IMPLEMENTATION ACTIONS
                                                                                                                         FY2021 budget
      Required implementation action                                                                  Deadline           incentives
                                                                                                      • Quarterly        • Provide up to
       • Publish quarterly reports in the agency's websrte detailing all economic inventive
                                                                                                                            Si BM per quarter
         donationtsubsidy amounts given to pnvate corporations
                                                                                                                            in additional
                                                                                                                            operating budget
       • Identify which procurement contracts have been renegotiated or are pending renegotiation     • June 2020
         or elimination (across all consolidated and ascribed DOEC entities) lo the Oversight gourd


       • Conduct operational needs assessment across all consolidated and ascribed entities           • September 2020
         (including PRTC and JP( to identify Where to reduce front- and back-office personnel
         without inhibiting the performance of DDEC agencies

       - Finalize the consolidation of the physical footprint of all consolidated DDEC agencies       • September 2020


       • Reduce excess front- and back-office headcount across all DDEC agencies (excluding           • March 2021
         PRTC and JP)

       • Execute the administrative actions (e.g systems integration) required to consolidate PRTC • March 2021
         and ascribe JP

       • Finalize procurement contract renegotiations                                                 • June 2021


       • Consolidate PB's key back-office personnel into DDEC's back office                           • June 2021

       • Reduce excess front- and back-office headcount from P RTC and back-office personnel          • June 2021
         from JP in line with September 2020 operational needs assessment




     13.8 Puerto Rico Innovation and Technology Services
           (PRITS)
     13.8.1 Context and current technology landscape in the Government of Puerto
            Rico
    The Puerto Rico Innovation and Technology Services (PRTTS) was created in 2017 with the
    purpose of establishing an administrative structure responsible for technology strategy across
    the Government of Puerto Rico. The enabling Executive Order that established PRITS gave it
    responsibilities including: integration of technology into government management,
    promotion of public, private and academic projects in the technological field, creation of a
    digital platform to integrate the different components and government entities, generation a
    system of tax payment and bank transfers under Hacienda, and development of a public
    accountability system, among others. In March 2019, an additional Executive Order was
    signed which reinforced additional aspects of the leadership roles and responsibilities of
    PRITS. This executive ordered transferred the responsibilities of the Office of the Chief
    Information Officer to PRITS and established the role of the Chief Information and Innovation
    Officer ("CHO") to be in charge of integrating and streamlining the government's information
    and communication technology processes.
     In July 2019, the Government enacted Act 75 of 2019, making PRITS the office of the Executive
     Branch responsible for implementing, developing and coordinating the Government's public
     policy on innovation, and information technology ("IT"). Prior to Act 75 of 2019, the Office of
     Management and Budget (OMB) had been in charge of managing IT systems and
     implementing rules and procedures regarding the use of IT for the Commonwealth. However,
     there were several delays in the development and adoption of key technological reforms and
     little oversight in the use of technological resources. An example of this lack of efficiency was
     seen in cloud consumption: a centralized 4-year contract allowed government agencies to
     acquire new licenses without supervision, which led cloud consumption to spiral out of control

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     and could result in a deficit of double the original budget amount for such services; even when
     the Department of Treasury's mainframe is currently being underutilized by 40% to 50% each
     month. Lack of centralized oversight and leadership have also manifested in recent
     emergencies such as the hurricanes, the earthquakes, and the COVID-19 pandemic during
     which the government has failed to produce timely and accurate data for decision making and
     transparency.
    Since its creation, in spite of the intent of the executive orders, PRITS has not made significant
    progress toward fulfilling the responsibilities it was given. Despite existing laws and
    regulations, PRITS has not taken active oversight over government technology strategies and
    budgets. The Government has largely asked for new funding for PRITS instead of re-allocating
    key strategic resources from other agencies to PMTS. Additionally, individual government
    entities have insisted in the development of new platforms instead of leveraging existing
    applications. Up to 20-30% of existing applications can be phased out or consolidated
    reducing costs and creating efficiencies between government entities. Furthermore,
    consolidating applications and reducing the number of datacenters and facilities enhances
    security by reducing the number of access points. The Government is in dire need of such
    enhancements in cyber security as well as establishing government wide security policies and
    procedures. Recently, the government suffered from various cyber security incidents
    impacting at least four government agencies which resulted in agencies initiating transfers of
    millions of dollars to fraudulent accounts. Additionally, there has been public reporting of
    cyberattacics that have compromised several agencies of the Government, including the
    Tourism Company, the Treasury Department, and the General Services Administration.
    As provided by the Act 75 of 2019, the Governor has the authority to transfer to PRITS
    personnel, funds, budgets, documents, records, equipment, materials, and files of any other
    IT operational area of any agency, for use in the purposes and purposes of the Act. The
    Government and PRITS should prioritize creation of centralized teams with the specialized
    skills needed to accelerate infrastructure consolidation, and improve the Government's ability
    to deliver new technology solutions. Agencies continue to rely too heavily on external vendors
    rather than building the capabilities of PRITS to lead and manage these initiatives. Similarly,
    there is unclear accountability for technologies developed at the agency level. As a result,
    pieces of infrastructure are developed and managed separately, with dispersed accountability,
    creating a complex web of oversight, incremental cost and ineffective systems. As a result,
    pieces of infrastructure are developed and managed separately, with dispersed accountability,
    creating a complex web of oversight, incremental cost and ineffective systems.

     13.8.2 Importance of digital modernization

     Now more than ever, it is critical that the Government make effective use of its technology
     resources. The Government, via PRITS, must improve its capabilities in digital delivery to
     achieve critical benefits, including:
     ■ Reducing expenses and improving reliability through data-center
       consolidation. Since 2016, the Federal Government has closed 210 tiered data centers,
       and over 3,000 non-tiered data centers. PRITS must implement best practices in place at
       the state and federal level such as: increasing use of virtual ization, freezing new data
       centers unless compelling justification exists, and exploring the use of cross-agency share
       shared services.
     ■ Rationalizing the application portfolio to ensure that resources Government-
       wide are directed to the highest priority initiatives.       All governments face
       substantially higher demand for technology services than they can fulfill. In a resource-
       constrained environment, governments have turned increasingly to disciplined
       application portfolio management as a way to ensure alignment between IT spend and
       government priorities. PRITS must implement a Government-wide application


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          rationalization effort which includes proven actions, including: creating a portfolio
          management governance approach, establishing a baseline inventory of applications,
          assessing the business value and total cost of ownership of the applications,
          scoring/ranking them, and then creating a forward-looking plan to migrate the portfolio
          to higher value uses.
     ■ Enhancing cybersecurity to prevent costly data breaches. Cyber threats continue
       to proliferate and government agencies globally have responded by adopting leading risk
       management practices. FRITS can step up the government's cyber defenses by developing
       a government-wide view of "crown jewels" in the technology ecosystem that must be
       protected, providing policy guidance to agencies setting forth evolving standards and
       requirements, and coordinating delivery of specialized expertise across government where
       the need arises.
     ■ Improving transparency and accountability of IT spend across government
       and focusing on value for IT dollar spending. PRITS ran be significantly aided in
       its work if stakeholders inside and outside of government had a clear line of sight into
       where IT spending is going, and what value is being delivered. Providing this transparency
       should be a core expectation of agencies spending government resources on technology,
       rather than a centralized effort that is incremental to existing IT spending.

     13.8.3 Required implementation actions
     In line with the four key initiatives stated above, PRITS must achieve the following objectives
     and milestones (Exhibit100).
     EXHIBIT 100: PUERTO RICO INNOVATION AND TECHNOLOGY SERVICES REQUIRED
     IMPLEMENTATION ACTIONS

      Required implementation action                                                      Deadline
       — - — -
      • Establish process and protocols for IT contract review , of government            • September 2020
        agencies to create greater transparency on IT spend and needs of
        infrastructure or cloud services

      • Develop strategy to consolidate Cloud services and on premise data-               • December 2020
        centers with a detailed migration plan to drive consolidation of
        infrastructure during FY21

      • Provide a structured and exhaustive portfolio of digital initiatives,             • December 2020
        prioritizing by impact, feasibility and relevance for Central Government
        Agencies

      • Ensure critical cybersecurity infrastructure. processes and control systems are   • December 2020
        set in place by PRITS and adopted by government agencies to minimize risks
        through clearly defined governance structures

      • Create a protocol for PRITS to review all technology-related budget requests      • December 2020
        as part of the FY2022 Budget cycle

      • Consolidate current personnel spending and establish cross-functional             • June 2021
        teams by identifying personnel in government agencies with specialized
        technology skills to be centralized


       DNS .01 1P9.,Im fti.ns AST mean a rem..1 ■=4711. mere.,




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     13.9 Legislative Assembly
    As of FY2017, the size of the Puerto Rican Legislative Assembly was significantly larger than
    comparable legislatures in US mainland states, even when accounting for the demands of full-
    time legislatures and excluding the money that the Legislature spends on supporting non-
    profit organizations. Puerto Rico spent $34.16 per citizen on addressable legislature
    expenditure, while the weighted average expenditure per capita for comparable "full-time" US
    mainland legislatures (e.g., in Michigan, California, New York, and Pennsylvania) was $13.11.
    The variance persists even when legislative expenditure is considered as a percentage of GDP.
    As such, reductions to the size and funding of the Legislature are necessary to bring it in line
    with benchmarks and optimize government funds.
     As remarked earlier in Chapter 13, Legislative Assembly will not be required to achieve
     additional savings in FY2021 over that required in FY202o. Refer to Exhibit IOS for annual
     savings that must be achieved through FY2o25.
     EXHIBIT 101: LEGISLATIVE ASSEMBLY MEASURES SUMMARY OF IMPACT
      Run-rate savings from agency efficiency measures'
                                                                                  Non-personnel   xx   Incremental measure




                                          0                                 6                 0                 1


                                                                            58               58                 Se

               40                         40                   52    1
                                                                     —                                     '




             PY2O                      FY2T                   FY22         FY23            FY24                FY25

       aging ortrettin.r0 ynd 1.11.■ FLIPC91.1g 41V341.11.1




    13.10 General Court of Justice
    The General Court of Justice, although to a lesser extent, was similarly over US mainland cost
    benchmarks in FY2018 (by -35% when compared to the median cost of mainland full-time
    Judiciaries). As such, the 2020 Fiscal Plan continues to require that the Court implement
    agency efficiency measures equivalent to a 10% reduction in their annual budget.
     The Court will not be required to achieve additional savings in FY2021 or beyond, as it has
     already experienced a 10% cut to its budget. As a result, its budget is to remain flat for the
     course of the Fiscal Plan.




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     EXHIBIT 102: GENERAL COURT OF JUSTICE MEASURES SUMMARY OF IMPACT
       Run-rate savings from agency efficiency measures',

                                                                Non-personnel • Personnel      xx   Incremental measure


                                (8)                 3                  1                 0                  1


              44
                                                                      40                 40                 41
                                                   39
                                 36

                                                   14                 14                 14                 14




                                 26                25                 26




            FY20               FY21               P1'22              FY23              FY24               FY25

                        ,




     13.11 State Elections Commission
      The State Elections Commission (SEC or "CEE" by its Spanish acronym) is charged with
     administering elections for the Commonwealth. Given this important role, every effort must
     be made to ensure that SEC can thoroughly execute its mandate to promote and enable voter
     rights for the people of Puerto Rico in the most efficient, simplest, and least costly ways. The
     Oversight Board is deeply committed to supporting elections that are conducted in a fair, free,
     and open manner. Consistent with this objective, the Oversight Board also holds the SEC must
     adapt its processes to bring down the Island's cost of election administration closer to that of
     mainland states.
     While SEC's operations are currently governed by Act 78-2011, which requires electoral
    balance239 and minimum staffing requirements across its programs (e.g., General
    administration, Permanent Registration Boards, Planning & Development of Electoral
    Activities, and Election Commissioners), the Oversight Board's analysis of SEC's staffing
    indicates that more than half of its current 650+ staff are employed in roles that are not legally
    required within the agency. Further, the lack of modernization in the electoral services offered
    by SEC (e.g., no automatic or digital voter registration channels, no provisions for vote-by-
    mail, requirement of a separate voter ID card) further exacerbates operational and fiscal
    inefficiencies.
     The 2020 Fiscal Plan continues to expect the SEC to reduce its steady state (non-election year)
     expenditures, based on FY2018, by 32% by FY2022.
    To enable SEC to seamlessly administer electoral activities in FY2o2o, the Oversight Board
    approved additional one-time funding of $5.4 million for presidential primaries and $2.2

     239 Implies an equal representation of the political parties across all offices and dependencies of the Commission which is
         applicable to all technical and administrative positions among the commission




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     million for local primaries. The 2020 Fiscal Plan further provides $9.2 million for electoral
     activities in FY2021 and every four years thereafter, as well as —$5.6 million every four years
     starting in FY2024 for pre-electoral activities.
     In January 2019, the Oversight Board asked the Governor and Legislature to adjust the
     operations of the SEC to fluctuate with the electoral cycle and restructure its organization to
     become more efficient. In April 2019, the Governor responded by agreeing that the SEC's
     operations must be restructured but declining to adopt the Oversight Board's request.
     In January 2020, the Oversight Board represented several short, medium, and long-term
     initiatives that SEC could employ to achieve personnel and non-personnel savings within the
     covenants of the existing legal framework. These initiatives chiefly include potential to
     consolidate oversight of functional offices and programs, removing duplicate or redundant
     back-office support roles, outsourcing "Special Projects" to third-party vendors, reducing
     Inscription Officer roles in excess to legal requirements, and onboarding volunteers or existing
     staff for temporary election work.

     EXHIBIT 103: STATE ELECTIONS COMMISSION MEASURES SUMMARY OF IMPACT

      Run-rate savings from agency efficiency measures', SM

                                                            Non-personnel 1111 Personnel   XX Annual inCremental measure



                                               0      4                                     0                 1


                                                      12                  12                12               13

                                                                          3                                   4,
                                               8

                  2                            2



                                                                                                              rr
                                                      8
                  8



               FY20                           FY21   FY22               FY23               FY24             FY25

      I EltiiklInc, Irrvimlmnn+R and nilher




     13.12 Agencies that promote public integrity and transparency
    There is wide agreement that to drive a successful fiscal transformation within the
    Government of Puerto Rico, it will be important to promote public integrity and transparency
    at every turn. Within the Government, several agencies are dedicated to maintaining oversight
    and fiscal responsibility; namely, the Office of the Comptroller and the Office of Government
    Ethics. In line with the priorities of the Governor, the functioning of these agencies is critical
    to achieving the goals and ensuring the long-term sustain ability of the 2020 Fiscal Plan.
    Accordingly, the budgets for the Office of the Comptroller and the Office of Government Ethics

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     will not be affected by agency-specific rightsizing measures but must still achieve Christmas
     bonus, uniform healthcare, and utilities savings.


     13.13 All other agencies
     To date, implementation progress and engagement has varied across the smaller Government
     agencies. Some agencies are developing meaningful tools and creative solutions to achieve
     savings (e.g., the Department of Agriculture planning digital solutions to reduce personnel or
     the Department of Environment's green tourism initiative, which could create job
     opportunities and tax revenues) but many have not planned to implement these effectively,
     resulting in slow progress to reach their savings targets.
    The Government of Puerto Rico must continue looking for ways to reduce back office
    expenditures, align staffing levels to the volume of services required, and upgrade those
    services needed to accommodate for current conditions. Some success has been achieved to
    date in these areas. For instance, the Prosecutor Panel was able to reduce staffing levels during
    several months of the year to accommodate for a lower volume of work. The Utility
    Commission was able to consolidate all back office functions and move into one
    office/building. The Puerto Rico Education Council was able to consolidate State Departments
    in under go days and save over $400K by reducing office footprint. And the Office of Women's
    Advocate was able to provide its employees with the necessary equipment to aid in the
    increased call volume after the COVID-19 emergency declaration.

      Support for implementation of operational efficiencies
      The 2020 Fiscal Plan provides funds for priority programs to enable provision of services and
      implementation of efficiencies in the following areas:
      ■ NAP roll-out and delivery ($1.6 million per year): From FY2021, ADSEF will receive
          funding to recruit additional staff to ensure the comprehensive delivery of the Nutrition
          Assistance for Puerto Rico (NAP) program, which is critical for thousands of households on
          the Island, especially amidst the COVID pandemic.
      ■ Additional Justice attorneys (—$3 million per year): The Department of Justice will
          receive additional funding to hire more attorneys in light of the trend of growing caseloads per
          existing attorneys.
      ■ Support to eliminate the Land Registry backlog (—$4 million): The Land Registry
        backlog must be resolved, and thus the 2020 Fiscal Plan includes funding in FY2021 and
          FY2022 for DOJ to contract services to clear prior years' backlog, aiding with making land
          registrations more convenient and timely



     13.13.1 Required implementation actions
    To achieve the 2020 Fiscal Plan requirements, all agency groupings must complete key
    operational efficiencies as outlined in Exhibit 104, with particular requirements associated
    with the Department of Natural Resources.




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     EXHIBIT 104: REQUIRED IMPLEMENTATION ACTIONS FOR OTHER AGENCY
     GROUPINGS
      Action item                                                                              Deadline

      • Enact legislation for agencies consolidation                                           • September 2020


      • Conduct an analysis of non-personneispenci and priorit ze major say ngs                • September 2020
        opportunities to be pursued

      • Develop detailed plan and timeline for ac h eying required utilities savings           • September 2020


      • Develop target organizational structure and plans for achieving personnel              • December 2020
        rightsizing: Share with FOMB


      • Fully transition to target organizational state and implement personnel rightsizing    • June 2022



     13.13.2 Required implementation actions related to the Volkswagen Diesel
            Emissions Environmental Mitigation Trust
    The 2020 Fiscal Plan also notes the existence of unused funding from the Volkswagen Diesel
    Emissions Environmental Mitigation Trust, which has been available since January 29, 2018
    but has gone unused due to Government delays in meeting the necessary requirements for
    accessing funds from the trust, as well as in recruitment of the necessary personnel so that
    development and implementation of the mitigation projects can commence. The Department
    of Natural and Environmental Resources was designated as the lead agency for Puerto Rico
    on March 27, 2020, and a high-level action plan has been developed.
     EXHIBIT 105: REQUIRED IMPLEMENTATION ACTIONS RELATED                                             TO THE
     VOLKSWAGEN DIESEL EMISSIONS ENVIRONMENTAL MITIGATION TRUST
      Action item                                                                              Deadline

      • Develop Mitigation Action Plan and Administrative Order                                • June 2020


      • Contract staff to run project administration                                           ■ June 2020



      • Release public notice with availability of funds under the Mitigation Action Project   • August 2020


      • Begin disbursement of funds from the Volkswagen Diesel Emission Environmental          • October 2020
        Trust pursuant to the Second Mitigation Action Plan (DNER)

      • Evaluate funding requests and start disbursement of funds                              • October 2020




     Chapter 14. Office of the Chief Financial Officer (OCFO)
     One of the key goals of the Puerto Rico Oversight, Management, and Economic
     Stability Act (PROMESA) is for fiscal accountability to be quickly and
     permanently ensconced in the Government. To fulfill this goal, the Government
     must create a strong Office of the Chief Financial Officer (OCFO). By centralizing
     key financial management functions (e.g. procurement, payroll) under a capable and well-


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    resourced OCFO, the Government must address long-standing issues that have arisen under
    the Island's historically decentralized financial management regime. These include persistent
    difficulties around understanding the financial needs and priorities across Government as a
    whole based on transparent data, timely and accurate consolidated reporting, preventing the
    misallocation of funds, preventing agencies from overspending their budgets, control over
    opening and managing bank accounts, and timely consolidated financial statement issuance.
    The creation of a centralized ()CFO was a linchpin in the restoration of fiscal responsibility of
    several public entities, including the District of Columbia following its financial crisis in the
    mid-1990's and the City of Detroit in its Chapter 9 bankruptcy. The Oversight Board strongly
    stands behind the need for a centralized OCFO to place the Island on a fiscally
    responsible economic trajectory and restore its access to the capital markets as
    required by PROMESA.
    The Government's efforts to create a highly-capable OCFO have been slow and disjointed.
    However, progress has been made in certain areas, including providing bank account
    transparency, weekly publication of emergency reserve reports, monthly reporting of budget-
    to-actuals for select Government agencies and publishing of the 2017 tax expenditure report
    published in September 2019. While the enhanced reporting yields some improvements in
    management and oversight capabilities, there is a need for more detailed reporting in several
    areas (e.g., payroll and attendance as well as consolidated reporting for PRDE, detailed
    monthly budget to actuals on component units, etc.). In essence, each relevant financial
    agency has improved operational capacity and accountability somewhat, but there has been
    little centralization and responsibilities remain unclear within the group. Operating without a
    strong legislative mandate, the OCFO has moved from Hacienda to AAFAF throughout
    FY2020. While ()CFO has made recent efforts to produce more granular budgets and create
    detailed agency-level budget-to-actual spending reports, it has been substantially delayed in
    the issuance of the Government's Comprehensive Annual Financial Reports (CAFRs) (as of
    May 2020, the FY2017-FY2019 CAFRs have not been issued). Key financial management and
    administrative functions remain distributed across a half-dozen Government agencies, and
    the Government has yet to legislate the OCFO's organizational and governance structures or
    adequately staff the organization to fully execute its oversight responsibilities. Without
    comprehensive action, the Island's financial management capabilities will continue to fall
    short of best practices, the expectations of the capital markets, and the needs of the Puerto
    Rican people. As such, the OCFO should assume all key financial management functions
    across the Government—necessary to place the Island on stronger financial footing.
    The core objectives of the consolidated OCFO must be to:
     ■ Centralize treasury and liquidity management
     ■ Enhance the budget development process by improving monitoring and performance
       tracking based on timely and accurate accounting practices and data
     ■ Drive the standardization and integration of the Government's financial IT systems
     ■ Ensure compliance with procurement, contract, and human resource management
       policies across Government agencies
     ■ Ensure full implementation of pension policies across Government agencies, including
       Law 106 regarding the Defined Contribution system for government employees, the timely
       deposit of employee contributions withheld by government employers, the timely
       implementation of Social Security as required by the Fiscal Plan for judges and teachers,
       and the full repayment (with repayment plans as required) of amounts owed by
       government employers for PayGo obligations
     ■ Strengthen oversight of Special Revenue Funds (SRF) through enhanced control
       mechanisms


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     ■ Improve the timeliness in publication of the Government's CAFRs and financial reporting
     ■ Centralize and validate the management of Government bank accounts, funds, debts, and
       other financial transactions
     ■ Ensure coordination of maximally efficient use and transparent reporting of federal funds,
       including both regular annual funds and disaster-related funds
    Empowering ()CFO to effectively manage the Government's finances is more important than
    ever before considering the devastating COVID-19 crisis. As part of the Federal Government's
    response to the pandemic, OCFO will play a central role in administering and monitoring the
    use of federal and Commonwealth funds meant to support the Island's recovery from the
    pandemic. To that end, OCFO must be prepared to comply with enhanced reporting and
    oversight requirements governing the use of Coronavirus Aid, Relief, and Economic Security
    Act (CARES) and other federal funds earmarked for Puerto Rico.


     14.1 ()CFO design parameters

     14.1.1 Responsibilities of0CF0
    The 2020 Fiscal Plan requires the Government to strengthen the OCFO in line with the
    following parameters during FY2o21 by:
     ■ Centralizing treasury and liquidity management to:

        — Enforce and manage a consolidated Treasury Single Account (TSA) for the Government
          that controls and offers visibility into all Government bank accounts (to the extent
          possible), including those of component units (CU) at private banks
        — Enable all other public entities to maintain zero balance sweep accounts
        — Empower OCFO to serve as the sole authority for Government bank account creation
          and closure—facilitating liquidity reporting, monitoring, and analysis
        — Facilitate the rationalization of the Government's account portfolio to support
          maximization of earnings, cash pooling, daily cash sweeps and treasury operations, and
          implementation of uniform accounts payable and disbursement prioritization
          processes and reports
     ■ Enhancing the budget development process by improving monitoring and
       performance tracking to:

        — Comply with the recently-issued Oversight Board budget guidelines to develop an
          auditable budget that is readily-traceable to the Certified Fiscal Plan
        — Forecast and manage the seasonality of tax receipts

        — Forecast and report the fiscal cost of tax credits
        — Oversee all tax decrees and tax agreement issues

        — Operationalize the financial system budget to ensure consistency between accounts and
          facilitate their monitoring
        — Estimate, protect, and enhance tax collections and revenue streams
        — Establish budgetary priorities—namely, effective expenditure controls and
          Government-wide procurement reforms

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     ■ Driving the standardization and integration of the Government's financial IT
       systems to:

        — Identify disparate systems being used for financial tracking and reporting

        — Establish a roadmap to standardize and integrate systems to the fewest possible
        — Orchestrate the integration across agencies, including defining new policies and
          procedures, coordinating data migration and validation, and training system users to
          effectively utilize new systems
          The Oversight Board encourages the Government to evaluate current laws which
          exempt certain government entities from the Puerto Rico Government Accounting Act.
          Regardless, while some entities are mandated by law to maintain fiscal independence,
          these entities could still leverage central financial IT systems to reduce costs and
          automate current processes.
     ■ Ensuring compliance with procurement, contract, pension, and human
       resource management policies across Government agencies to:

        — Certify all contracts, bills, invoices, payroll charges, and other evidences of claim,
          demand, or charge relating to the Government and entities reliant upon its taxing
          authority by prescribing receipts, vouchers, and claims for all agencies to leverage

        — Manage centralized health insurance procurement and policy management
        — Oversee human resources, Government payroll operations, and all Government-related
          financial transactions

        — Implement uniform time, attendance, and overtime processes, payroll controls, and
          reporting standards
     ■ Strengthening oversight of Special Revenue Funds (SRF) through enhanced
       control mechanisms to:

        — Implement processes that improve stewardship of all SRF
        — Ensure all revenue streams attributable to SRF are deposited within the TSA
     ■ Improving the timeliness of the Government's Comprehensive Annual
       Financial Reports (CAFR) and financial reporting to:

        — Produce high-quality CAFRs that follow the modified-accrual basis of accounting
          required by PROMESA and leverage new forecasting, e-settlement, and analytics
          capabilities for FY2018 onward within established regulatory timeframes
        — Publish the FY2o17 CAFR and provide a draft of the FY2o18 CAFR by November 2020

         The 2020 Fiscal Plan provides for a one-time bonus of $1,5oo to each Hacienda Central Accounting
         employee if Hacienda both (i) publishes and issues the FY2o17 CAFR and (ii) provides a draft of
         the FY2o18 CAFR by November 30, 2020.


        — Identify and resolve drivers of historic CAFR publication delays to ensure FY2o20 and
          beyond publications can occur within six months of a fiscal year end

        — Support stronger implementation forecasting of measures required by the Certified
          Fiscal Plan and more robust reporting of actuals


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          — Supervise property tax assessment reforms, prepare tax maps, and provide notice of
            taxes and special assessments
     •   Centralizing and validating the management of Government funds, debts, and
         other financial transactions to:

          — Maintain custody of all public funds, investments, and cash
          — Administer cash management programs to invest surplus cash
          — Facilitate short- and long-term borrowing programs
          — Establish accountability over all Government funds, property, and assets
          — Oversee all tax decrees and agreements issued
          — Publish an annual Tax Expenditure Report that identifies and quantifies all tax
            expenditures24° (initial report published in September 2019 for tax year 2017)
     •   Overseeing the Implementation of the Certified Fiscal Plan to:

          — Enable all Government agencies to comply with efficiency measures stipulated within
            the Certified Fiscal Plan
          — Facilitate timely and targeted interventions to address areas of underperformance
            relative to efficiency measures

     14.1.2 Authority and composition of ()CFO
    To execute these responsibilities, °CFO must have the power to:
     • Act as the central authority over finance, budget, human resources, audit, procurement,
       cash management, and debt issuance matter for all entities supported by the General Fund
       or dependent on the Government's taxing authority
       Exereise a direct reporting line into agency CFOs (in parallel to reporting lines to agency
       secretaries)
     • Remove any fiscal officer belonging to entities supported by the General Fund or the
       Government's taxing authority for violations of or non-compliance with the law—including
       failure to provide timely and accurate financial information
     • Reform personnel policies—even through the renegotiation of existing or negotiation of
       future Collective Bargaining Agreements (CFAs)—in a manner consistent with the
       Certified Fiscal Plan's efforts to realize budget savings and efficiencies and enhance the
       delivery of Government services


     14.2 OCFO structure and agency efficiency measures

    14.2.1 Future state structure
    To enable this degree of centralized management, these functions must be concentrated under
    a single individual: The Chief Financial Officer currently responsible for overseeing OCFO.
    Over time, relevant responsibilities presently distributed across various Government agencies


     240 These include tax exclusions, exemptions, adjustments, deductions, subtractions, credits, abatements, deferrals, rebates
         and special rules.




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     should be consolidated within OCF0.241 After this consolidation, the Government should
     consolidate or eliminate the following agencies (Exhibit io6):

     EXHIBIT 106: LIST OF AGENCIES IN FUTURE STATE OCFO GROUPING
     1. Department of Treasury (Hacienda)                               Treasury (internal amity)
                                                                                                          . . . _ _
     e Office of Management and Budget                              S' General Services ArInnisgaiion

            Office of Arentrirsnatien and Transrormagon of KR   :   410 Fiscal Agency and Financial Adosary Authority'

       t.       trAwv &mon me        stir qr+, •S rb.nPmY we,



     Limited legislative support for OCFO consolidation and various delays around standardizing
     and upgrading financial systems have placed the broader benefits of a consolidated ()CFO at
     risk. The Government has not complied with original deadlines to consolidate the requisite
     agencies under OCFO. Although Executive Orders can facilitate initial reforms, a broader
     legislative and administrative overhaul conforming to the parameters set forth within the
     2020 Fiscal Plan and PROMESA is necessary to establish an effective OCFO capable of
     executing the responsibilities and wielding the authority outlined above. And, while Act 73
     marks a step in the right direction, its primary benefits (improved visibility and budgetary
     controls) are contingent upon IT system upgrades and the creation of procurement boards
     that have yet to be realized.


       Enabling improved financial stewardship
       •       GSA centralized procurement staff and implementation (—$6 million per year):
               Starting FY2o21 onwards, GSA will be funded for the staff needed to rapidly centralize
               procurement across the Government, focusing real effort on identifying opportunities to
               consolidate contracts, bring increased insight into spending, facilitating coordinated and
               rigorous vendor management, among other best practices.
       •       Additional Hacienda accountants (—$2 million per year): Starting in FY2o21,
               Hacienda will receive funding to hire for additional roles on the Central Accounting staff in
               Hacienda, so that critical skills and capabilities can be honed and retained in-house while
               reducing professional services spend currently needed to execute critical financial processes.
       •       CAFR publication (—$10o,ono): A one-time bonus of $1,500 will be provided to Hacienda
               Central Accounting employees if both the official 2017 CAFR is published and a draft of the
               2018 CAFR is provided to the Oversight Board by November 2020.

       ■ ERP implementation ($36 million): Capital expenditure funding will be provided for the
         implementation of a new Government ERP system - - $14 million for Wave i once a dedicated
         project team (at least 3FrEs) is in place, by August 2020, and then $22 million for Wave 2
         after the completion of Wave 1 between September 2020 and February 2021 ail million will
         remain in Hacienda custody until FOMB receives and approves monthly progress reports).

       ■ DC plan account transfer ($2 million): During FY2021 based on progress made each
         quarter, up to $2 million will be released to AAFAF for professional services, once written
         confirmation is submitted to the Oversight Board that segregated accounts for the DC plan
         have been created and funds transfers have been completed or are scheduled to be completed
         by the end of the fiscal year. There will be no impact on Title III fees as these amounts arc pre-
         established on the Certified Budget.




     241 These agencies include but are not limited to The Department of the Treasury, the Office of Management and Budget, the
          Government Development Bank (scheduled to be liquidated), the Office of Administration and Transformation of Human
          Resources, and the General Services Administration. AAFAF remains a separate entity per Government plans as of May
          2020 but is included in 0CF0 agency efficiencies section for presentational purposes.




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     14.2.2 Hacienda process streamlining and personnel rightsizing
     By FY2022, Hacienda should attain a 15% net reduction (25% gross) in overall costs
     (approximately $33 million or $55 million gross).242 To do so, Hacienda could:
     ■ Partner with private banks to reduce its real estate and personnel footprint
     ■ Optimize non-personnel and procurement spend (e.g. support service consolidation)
     ■ Digitize and optimize general processes to capture operational efficiencies
     40% of Hacienda's gross cost reduction (approximately $22 million) should be reinvested to
     bolster compliance activities and capabilities by:
     ■ Hiring additional full-time employees for compliance activities (e.g., collection centers)
     ■ Funding relevant technology investments to improve collection and reporting (e.g., fix
       challenges with SURI platform)
     ■ Strengthening its in-house accounting capabilities and reduce its reliance on contracted
       accounting services
     ■ Rolling out its internal ERP program
    To-date, Hacienda has made progress in streamlining its processes, primarily by finalizing the
    roll-out of the SURI digital platform. The agency has also been rightsizing its personnel with
    headcount decreasing by 18% between FY2o17 and FY2o1g. However, further improvements
    are needed in order to meet the FY2022 personnel target without compromising on its service
    quality.

     14.2.3 Other OCFO personnel and non personnel efficiencies
     The Office of Management and Budget, the Office of Administration and Transformation of
     Human Resources, and the General Services Administration must also achieve significant
     savings as part of their consolidation under OCFO.
     To date, the OCFO should have:
     ■ Implemented the Procurement Reform Act to drive expected procurement savings across
       agencies
     ■ Fully built out a new ERP system to consolidate all financial management, HR and
       procurement activities
    The realization of ()CFO efficiencies is currently delayed, with only a third of the targeted
    efficiencies expected to be realized by the end of FY2o20. These delays are tied to several
    factors, including delayed procurement optimization efforts, the absence of a plan to
    consolidate shared services, the lack of an HR management system and the Government's
    establishment of the OCFO within AAFAF. To achieve the 2020 Fiscal Plan savings
    projections, ()CFO reforms must be implemented at the pace outlined below in Exhibit 108.




     242 For instance, a transformation within Her Majesty's Revenue and Customs agency (United Kingdom) reduced costs by 25%
         over a five-year period through a series of management initiatives, including IT cost reductions, realized operational
         efficiencies, reduced real estate footprint, and overall process improvements; see National Audit Office, "Reducing Costs in
         HM Revenue & Customs," 2011.


                                                                  204




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     14.3 Looking ahead - efficiency savings to be achieved and
           required implementation actions
     ()CFO must continue driving consolidation and other reforms in order to achieve the annual
     run-rate savings through FY2025 outlined in Exhibit 107.

     EXHIBIT 107: ()CFO MEASURES SUMMARY OF IMPACT243
       Run-rate savings from agency efficiency measures (excluding investments and other funding increases), $M

                                                          Non-personnel NI Personnel   xx Annual incremental measure


                                 55 _                                  3

                           Change due to
                           transfers to
                           establish                                  96                97               98
                           FRITS budget             93

                                 82




              27



              17                 21


            FY20                FY21               FY22              FY23              FY24             FY25




     243 Includes AAFAF and all agencies within the °CFO grouping


                                                             205




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     EXHIBIT 108: OCFO REQUIRED IMPLEMENTATION ACTIONS
      Required implementation action                                                                                 Deadline                 FY2021 budget incentive
      • Transfer DC plan funds from 2017 onward (located in temporary trusty into                                    • Quarterly             • Provide an additional
        newly created segregated accounts. including payroll transfer of the                                                                      ONI of professional
        employee contributions to the new DC account                                                                                           services


      • Designate project management team (with 34 FTEs) to monitor and                                              • August 2020           • Provide additional $14M
        evaluate the progress and completion of the Enterprise Resource                                                                        For capex related to ERP
        Management implementation                                                                                                              Wave 1 implementation



      • Complete ERP Wave 1 implementabon for the internal ERP system at                                             • September 2020        • Provide additional
        Hacienda                                                                                                                               522M, for capex related
                                                                                                                                               to ERP Wave 2
                                                                                                                                               implementation

      • Provide an action plan for the audit process and publication of the 2019                                     • November 2020
        Comprehensive Annual Financial Reports (CAFR)

         Publish the 2017 Comprehensive Annual Financial Reports (CAFR) and                                          • November 2020         • Provide S104k for a 81.5k
                                                                                                                                               one-time bonus for central
         provide a draft of the 2018 CAFR
                                                                                                                                               accounting employees
         Ensure passage of legislation to enable Consolidation and empower OCFO to                                   • December 2020
         act as the central authority over finance, budget, human resources, audit,
         etc?

         Create and recrus associate Chief Financial OINcer positions for the Following                              • December 2020
         groupings: (a) Economic Development. (b) Ed ation. (c) Health. (d) Housing,
         (e) Public Safety and (f) Justice, whose authority would fall under the ()CFO
         pursuant to enabling legislation

       1 Half of Ibis funOi-19 V11   nf.cr HoconOo GLiiCg4dnq I o/o.A.11 LOoP1FC11,111 SafforelawroJazt ...th,y P"..7.ms r .riAg Ffr,
                                                                                                                                    rg   -
         Fe in errrliae NipaertW C. Era Gal& el fiod M aapandurl. an Me Gawr
                                                                           . rararql le Kng pathorty




     Chapter 15. Medicaid investments and reform

     15.1 Current State of Puerto Rico's Medicaid program
     In 2019, —37% of Puerto Ricans received their health coverage through the Commonwealth's
     state-run Medicaid program; this was the highest share of Medicaid/CHIP-funded health
     insurance coverage of any US state.244 In addition to its large covered population, Puerto Rico
     has lagged mainland states in both health outcomes and access. Puerto Ricans face higher
     rates of chronic conditions like hypertension (12.4% above national median), diabetes (4.5%
     above national median), and asthma (1.6% above national median) than national averages.245
     Puerto Rico also has higher premature birth and infant mortality rates, and higher rates of
     adults reporting fair or poor health.246,247 At the same time, 72 of Puerto Rico's 78
     municipalities are deemed "medically underserved areas," with 500 doctors leaving per year
     (pre-Maria). Puerto Rico has half the rate of specialists (e.g., emergency physicians,
     neurosurgeons) as compared to the mainland in critical fields. 248,249


     244 Kaiser Family Foundation, "Medicaid State Fact Sheets: Percent of People Covered by Medicaid/CHIP, 2019"
     245 CDC (Centers for Disease Control and Prevention), 'BRFSS Prevalence and Trends Data," 2019-2020. Behavioral Risk
         Factor Surveillance System
     246 Puerto Rico infant mortality rate is 6 per 1000 vs. US mainland 5.3 per 1000; premature birth rate is 11.8% vs. 9.6% in US
         mainland. "Puerto Rico," World Factbook (Washington, DC; CIA)

     247 Kaiser Family Foundation, "Medicaid State Fact Sheets: Percent of People Covered by Medicaid/CHIP, 2019"
     248 Areas with a shortage of personal health services, e.g., areas or populations that have too few primary care providers, high
         infant mortality, high poverty, and/or high older adult population
     249 HRSA Medically Underserved Areas (Accessed May 2020)


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     Puerto Rico's Government-funded health plan, Vital, covers individuals through three primary
     funding sources: federally-matched Medicaid funds, the Children's Health Insurance Program
     (CHIP), and the Commonwealth's self-funded insurance program for low-income adults who
     do not qualify for federally-matched Medicaid. An additional —8% of the Puerto Rican
     population receives some benefits from the Government as part of the Platino program, which
     supports Medicare Advantage recipients who also qualify for Medicaid (also known as "dual-
     eligible").
    Because federal Medicaid funding for US territories is subject to an annual cap, Medicaid
    expenditures eligible for federal matching exceed available funding without supplemental
    legislated sources. This makes Puerto Rico's Medicaid program very sensitive to rising
    healthcare costs. Since 2011, Puerto Rico has received temporary relief from rising healthcare
    costs through increased levels of federal reimbursement made available through the passage
    of the Affordable Care Act and the Bipartisan Budget Act of 2018. In December 2019, the
    Further Consolidated Appropriations Act was passed, which provided supplemental federal
    funding (up to $5.78 total) to Puerto Rico's Medicaid program through September 30, 2021
    (first quarter in FY2022). In addition, the law raised the FMAP—the portion of Medicaid
    expenditures that federal funds can cover—from the standard level of 55% to 76% for most
    populations. In response to the COVID-ig pandemic, the Families First Coronavirus Response
    Act was passed in March 2020, further increasing both the available federal funds (adding an
    additional $183M) and the FMAP (increased an additional 6.2% for most populations). The
    available supplemental federal funds and higher FMAP will both return to standard levels in
    October 2021 without new federal legislation (see Section 5.1.2 for more information on
    Medicaid federal funds). Accordingly, the Commonwealth will hit a "Medicaid fiscal cliff,"
    whereby it will be responsible for multi-billion-dollar annual healthcare expenditures that had
    been covered by federal funding since 2011. It is crucial, therefore, that ASES take advantage
    of the additional runway provided by recent federal legislation to put in place reforms that
    reduce the long-term growth rate of healthcare expenditures. Given the uncertainty as to
    future federal reimbursement levels, the 2020 Fiscal Plan assumes that no further
    supplemental funding will be provided beyond current programs, and thus, the
    Commonwealth must be prepared to cover growing Medicaid costs as if federal
    reimbursement rates reverts to steady-state levels.


     15.2 Medicaid reform measures
    The goal of the Puerto Rican public health insurance system is to fund high-quality health care
    services to all residents in need and, in doing so, cultivate a healthier population, especially as
    it relates to lowering outsized rates of chronic conditions. To ensure the system can continue
    to support the most vulnerable populations who rely on its services, Puerto Rico will need
    to improve the efficiency and effectiveness of its health insurance plan by
    "bending the curve" on premium inflation, which is reflective of escalating costs
    for health care delivery on the Island.
    This section outlines several categories of actions the Government will take to both to curb the
    growth rate in per capita health care expenditure as well as shift the health system overall
    toward higher-value care. In all the below required measures, the plan seeks to avoid reduction
    in service quality — and in many cases reforms are expected to improve service quality — for
    beneficiaries.
     Puerto Rico's healthcare system has faced significant challenges from recent events.
     Unfavorable trends instigated by the hurricane (e.g., provider shortages, outstanding
     infrastructure needs) persist, and have been amplified by the earthquakes and COVID -19
     pandemic. These circumstances make progress against healthcare measures challenging, and
     the availability of additional federal funding enable a more tempered path to achieving the
     target end-state for the healthcare system. To-date, the Government has enabled savings


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     through implementation of initiatives aimed at controlling healthcare cost inflation. These
     initiatives include the launch of the new, single-region managed care model and effectively
     managing the Prescription Drug List (PDL). These reforms are expected to continue to yield
     cost savings through greater competition, incentives to lower costs, and reduction in
     administrative costs.
     In addition to the reforms implemented thus far, further efforts are needed to keep Medicaid
     cost growth at sustainable levels, ensuring that the Commonwealth Medicaid program can
     effectively deliver quality care to the -37% of Puerto Ricans who rely on Vital for medical
     insurance, the 2020 Fiscal Plan reduces the total savings target across FY2o2o-
     FY2o25 by -$2 billion and adjusts the ramp-up of expenditure reduction measures to
     provide additional time for implementation. Total run-rate savings must reach .--$328
     million by FY2025 (off the FY2o25 baseline of approximately $3.4 billion). After
     FY2025, the savings continue to increase as baseline expenditures increase (Exhibit 109), but
     absent further action by future governments, the per capita cost of healthcare will grow with
     long-term healthcare inflation rates (which are higher than general inflation), creating a
     significant deficit. The Government must still act urgently to implement value-based reforms
     that deliver both improvements in health services and savings to the Commonwealth,
     including building the infrastructure and data systems required to execute more advanced
     payment reform models and quality monitoring across the Island.
    The measure savings in the 2020 Fiscal Plan are designed to lower premium expenditures
    across the multiple public health programs (namely Medicaid and CHIP). When temporary
    increases to available federal funding for Medicaid and the FMAP expire, the targets recognize
    that the federal government will realize -3% of premium expenditure savings. While the
    Government must achieve all savings to curb long-term costs, the 2020 Fiscal Plan surplus
    will only consider savings that accrue to the Commonwealth.
     EXHIBIT 109: MEDICAID REFORM SUMMARY OF IMPACT
      summary at medicaid refam, impact
                                                                                          Value-based payments= • Program mlegray3
                                                                                                                      32B


                                                                                                                      95

                                                                                                23!,


                                                                                                6.8

                                                                                   147

                                                                                                                      233

                                                                                                166
                                                62
                                                20.       it



               FY21                          'FY22                                 FY23        FY24                  FY25

          aeon FreMyr.r..60                    ea.:AC 01GlICANI Vert. 1,051,11,0
            92.0197 rrunr:_rta                                   emi) timer
      _                          9.7 0"yee.t.2be.,,,    7.1162■0■0    ifie




                                                                                   208




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     15.2.1 Medicaid reforms to improve program integrity
    The 2020 Fiscal Plan requires savings between FY2022 and FY2o25 to be achieved through
    initiatives to improve enrollment verification and reduce other forms of fraud, waste, and
    abuse.
    The US Government Accountability Office found evidence that MCOs have not consistently
    reported improper payments to providers billing to the system. Further, it found that many
    MCOs face conflicts of interest in finding and eliminating fraud 250 Typical fraud, waste,
    and abuse reduction programs in other state Medicaid programs and health insurers
    have been able to achieve 1-3% cost savings. These savings have been reached through: pre-
    payment review (e.g., reviewing claims before payment to identify outliers/issues); auditing
    and enforcement units to investigate suspicious behavior; advanced analytics capabilities to
    identify inefficient or fraudulent activities in post-payment review, such as identification of
    "impossible" utilization (e.g., billing for over 24 hours of service in one day) or frequently
    repeated, high value procedures; and long-term policy or organizational transformation. In
    addition, it is imperative for Medicaid programs to ensure coverage is offered only to eligible
    individuals through robust enrollment verification. Since 2014, states have relied on
    electronic sources to confirm information for purposes of determining Medicaid eligibility.
    However, GAO has found that inconsistencies and errors in eligibility determinations persist.
    Full compliance with Payment Error Rate Measurement (PERM) and Medicaid Eligibility
    Quality Control (MEQC) requirements and establishment of an asset verification system that
    utilizes 3rd party data sources can strengthen enrollment verification.251
    To-date, Puerto Rico has made meaningful progress towards improving program integrity.
    This includes integration of ASES data with the Medicaid Management Information System,
    establishment of a Medicaid Fraud Control Unit and Program Integrity Unit, establishment of
    a competitive process for Medicaid contracts, and improvement in enrollment verification
    through employer certification and Public Assistance Reporting Information System (PARIS)
    checks.
     While Puerto Rico has taken steps towards improving its Medicaid Program integrity,
     opportunities for further improvement remain. Limited recoupments from MCO
     investigations suggest that additional opportunity remains. Best practices from other states
     indicate that additional program integrity activities can be developed in parallel to
     development of MMIS tools. For example, there is opportunity to leverage analytics vendors
     on a contingent bases to identify savings related to improper payments. Furthermore,
     enrollment verification can be improved by instituting an Asset Verification System and
     partnering with key out-migration states to conduct enrollment checks. Pursuant to the 2020
     Further Consolidated Appropriations Act, Puerto Rico must continue to make progress to
     meet CMS's Payment Error Rate Measurement and Medicaid Eligibility Quality Control
     requirements.

     15.2.2 Medicaid rearms to improve quality relative to cost
     Pursuing value-based improvement initiatives with demonstrated success can help the
     Commonwealth "bend the curve" on healthcare inflation without jeopardizing — and in fact
     while improving —health outcomes across the system. Similar value-based programs have
     been piloted in other states, and typically have saved between 2-10% of costs included under
     the programs. In Puerto Rico, value-based reforms may result in lower-than-average savings
     due to the breadth of other simultaneous savings measures being implemented for Vital and
     challenges associated with recent natural disasters and the COVID-19 pandemic.



     250 GAO 'Medicaid and CHIP Increased Funding in US Territories Merits Improved Program Integrity Efforts," April 2016
     251 GAO 'Medicaid Eligibility: Accuracy of Determinations and Efforts to Recoup Federal Funds Due to Errors,' January 2020


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     Nevertheless, these structural changes to reimbursement and care delivery present the most
     viable path to long-term sustainability for the program.
    There are several potential sources of value in Puerto Rico's healthcare system. These sources
    of value are opportunities to reduce wasteful healthcare spending and increase efficiency while
    improving quality of care and health outcomes. One potential source of value is in reducing
    ER visits. Prior to Hurricane Maria and the reforms, Puerto Ricans utilized the ER three times
    as often as peers on the US mainland, with estimates as high as 90% of ER visits occurring for
    non-emergency care that could be treated in lower cost settings.252 Successfully shifting
    unnecessary ER visits to lower-cost settings, such as primary care offices or urgent care, could
    save tens of millions of dollars annually. Additional opportunity exists through reduction of
    inpatient length of stay. Puerto Rico's inpatient length of stay was 1.5 times the US average in
    2014.253 MCOs can incentivize reduced hospital readmissions and length of stay through
    improved discharge planning and increased staffing to manage weekend discharges. Hospitals
    can improve quality of care and long-run costs by reducing hospital readmissions. Hospital
    readmissions occur when patients are discharged from hospitals but must return for
    additional treatment for the same condition. This can occur when patients are not adequately
    prepared to return home due to lack of education, lack of access to follow-up care, challenges
    with prescription drugs, etc. Readmission rates at hospitals in Puerto Rico are higher than the
    national average. Savings can be achieved by incentivizing hospitals to minimize
    readmissions.
    Value-based payment models are an effective tool to capture these sources of value and
    incentivize providers to fully treat patients in more efficient ways. Pursuant to this measure,
    ASES has begun development of a Diagnosis Related Group (DRG)-based payment model.
    Under a DRG-based payment model, providers are reimbursed a fixed amount to fully treat a
    patient with a given medical condition. DRG-based payment models help control medical
    costs by incentivizing providers to deliver cost-effective care without sacrificing quality. in
    addition, these payment models improve the effectiveness of Medicaid service delivery by
    standardizing the measurement of patient acuity across providers and reducing the
    administrative burden associated with reimbursements, etc. ASES will begin testing this
    payment model in 2020 ahead of a launch in July 2021. Successful actualization of savings
    from this effort is necessary for the Government to fund the long-term health needs of Puerto
    Rico.
    There are several, additional value-based payment models that can be implemented to achieve
    cost savings. Best practice value-based payment models from other managed care settings
    include direct pay-for-performance quality bonuses, providing special incentives to care for
    members with high-cost needs, such as behavioral health, etc. New approaches that emphasize
    care coordination and align incentives between patients, providers, and payors can produce
    improvements in health outcomes while lowering costs. Care coordination models like patient
    centered medical homes — which empower primary care providers to work closely with
    patients and manage treatment plans across multiple care providers — have been quite
    effective at improving outcomes for members with chronic conditions.254 Given the
    preponderance of chronic conditions and potential rising behavioral and mental health needs
    in the wake of Hurricane Maria, better access and coordination of mental health services will
    become increasingly important.255



     252 JEL Consulting analysis (Dec 30, 2106) of ASES data and Puerto Rico Community Survey, Public Use Microdata, 2014.
         Estimates exclude Platino beneficiaries
     253 As of 2014. J EL Consulting analysis (Dec 30, 2106) of ASES data and Puerto Rico Community Survey, Public Use Microdata,
         2014. Estimates exclude Platino beneficiaries
     254 Patient-Centered Primary Care Collaborative, 'Benefits of Implementing the Primary Care Medical Home: A Review of Cost
         & Quality Results, 2012' (Sept 2012)
     255 Thomas Huelskoetter, Center for American Progress, "Hurricane Katrina's Health Care Legacy' (August 15, 2015)


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     15.2.3 Bringing transparency to FQHC transfers

    As a requirement of the 2020 Fiscal Plan, the Office of Medicaid must take immediate action
    to:
     ■ Within 6o days of 2020 Fiscal Plan certification, transparently document the process by
       which wrap-around payments are calculated and distributed to Puerto Rico's federally
       qualified health centers (FQHCs), including: (i) the detailed formula for determining how
       prospective payments are estimated and reconciled within the Office of Medicaid, ASES,
       or other government entities; and (ii) the flow of funds across Commonwealth agencies,
       public corporations, and FQHCs.
     ■ Within 120 days of 2020 Fiscal Plan certification, provide the Oversight Board with a
       provider-level reconciliation of the total FQHC transfers from Commonwealth agencies,
       including federally-funded portions of such transfers, for each of the last three fiscal years
       (i.e., beginning with FY2o18); the documentation must include note of any funds currently
       held by FQHCs that are in dispute (e.g., as overpayment) by Commonwealth agencies.


     15.3 Medicaid investments
     Puerto Rico's healthcare system has experienced significant strain stemming from the
     hurricane, earthquakes, and COVID-19 pandemic. These events are expected to have amplified
     provider shortages and create increases in demand for health services, particularly behavioral
     health care. Given these turbulent circumstances and the uncertain outlook with respect to the
     COVID-19 pandemic, it is prudent to make incremental investments in the health system. Such
     investments are enabled by federal funding made available through the 2020 Further
     Consolidated Appropriations Act and the Coronavirus Aid, Relief, and Economic Security Act
     (CARES Act). As a result, the Government will make certain priority investments that will
     apply through September 30, 2021 (the expiration of supplemental federal funding). These
     investments are providing Hepatitis C drug coverage and increasing reimbursement rates to
     specialty and primary care providers and hospitals.




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      Increased provider reimbursement rates
      Reimbursement rates for Government Health Plan (GHP) providers lag those of Medicaid
      programs in other states and territories. For example, from July 2016 to July 2017 primary care
      services were reimbursed at 19% of the Puerto Rico Medicare fee-for-service rate, while these
      services are reimbursed at 66% of the Medicare rate nationally. Also, maternity services were
      reimbursed at 50% of the Puerto Rico Medicare fee-for-service rate while these services are
      reimbursed at 81% of Medicare rate nationally. Low reimbursement rates place pressure on
      providers and may lead to shortages, lack of access to certain specialty services, and lengthy wait
      times. From today through September 30, 2021, ASES will increase provider reimbursement rates
      as follows:
      ■ Establish a 70% of Medicare reimbursement floor for outpatient physician
        services Woo million): Pursuant to a provision in the 2020 Further Consolidated
        Appropriations Act, ASES will establish a reimbursement floor for physician services set at
        70% of the Medicare fee-for-service rate. The costs associated with the investment will be
        included in the Managed Care Organization PMPM capitation rate. In turn, the MCOs will be
        contractually obligated to reimburse all contracted providers at the rate of at least 70% of the
        Puerto Rico Medicare fee schedule.
      ■ Increase sub-capitation payment for primary care physician (PCP) services ($lo
        million): Almost all primary care services are paid through sub-capitation arrangements,
        wherein MCOs pay Primary Medical Groups (PMGs) a fixed, monthly rate per member treated.
        To improve access to primary and preventive services, ASES will include a 10% increase in the
        PMPM sub-capitation rate paid to PMGs for contract year 2020.

      ■ Increase reimbursement rates for hospitals ($45 million): According to the latest
        available CMS Hospital Cost Reports, over 50% of Puerto Rico hospitals reported net losses.
        Given the high portion of the population covered by Medicaid, Puerto Rico hospitals are
        disproportionately affected by reimbursement rates of the Medicaid program, which are lower
        than those of most other payers. These conditions jeopardize the ability for hospitals to operate
        and re-invest in their infrastructure. To support the ability of hospitals to meet the needs of
        Puerto Rico, ASES will increase reimbursement rates. Specifically, ASES will mandate that
        MCOs increase reimbursements for inpatient services through an episode-based payment
        schedule.

      Hepatitis C drug coverage ($50 million): Puerto Rico's Medicaid plan did not previously
      provide coverage for drugs that cure the Hepatitis C virus. There are approximately 14,000 Puerto
      Ricans that are eligible for treatment and could be cured by making these drugs available to them.
      Granting coverage for these drugs will significantly increase the quality of lives for affected
      individuals. Furthermore, in the long term, it is estimated that savings can be achieved due to the
      avoidance of costs related to the treatment of Hepatitis C virus such as decompensated cirrhosis
      and liver transplants. Starting in March 2020, this coverage will be available to affected Medicaid
      recipients.

      Medicaid IT ($50 million): Funding for capital expenditures and operational support to enable
      ASES to improve and modernize technology for eligibility processing and enrollment verification,
      and invest in analytics to identify fraud, waste, and abuse, claims cost optimization opportunities
      and inform value-based program design.




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     EXHIBIT 110: MEDICAID REFORM REQUIRED IMPLEMENTATION ACTION
      Required implementation action                                                                       Deadline

      • Incorporate language requiring participation in DRG-based payment model in MCO contract            • May 2020


      • Define key performance indicators and savings target measures for Medicaid program integrity       • June 2020
        initiatives (e,g., fraud. waste, and abuse reduction, enrollment verification)


      • Complete assessment for the need for additional third party vendors to develop an Asset Verification • June 2020
        System and analytics for fraud, waste, and abuse reduction and enrollment verification


      • Pilot CMG-based payment model and revise design based on performance                               • July 2020

      • Identify and design additional value-based incentives {e.g., direct pay-For-performance quality    • December 2020
        bonuses) for inclusion in future MCO agreements, including timeline and plan for implementation


      - Develop plan to incorporate Medicaid program integrity key performance indicators and savings      • December 2020
         targets into future MCO contracts, including design for associated incentives and penalties


      • Complete Phase II of PRMM1S development and migrate financial and enrollment processes to the      • June 2021
        platform


      • Draft plans To meet PERM and MEOC requirements and receive CMS approval                            • June 2021


      • Launch DRG-based payment model                                                                     • July 2021




     Chapter 16. Tax compliance and fees enhancement
     16.i Current state and future vision for tax environment
     Puerto Rico's current tax system suffers from its structural complexity, instability, internal
     inconsistency, inefficient administration, and inadequate enforcement. There have been at
     least ii major revisions to Puerto Rico's tax code since 1994, including at least six adjustments
     since 2013.256 This has allowed for persistent problems with non-compliance, worsened by a
     lack of an integrated approach to addressing non-compliance. Top marginal tax rates are high
     relative to US federal and state taxes. Much of the Government's revenue is highly
     concentrated in collections from a handful of multi-national corporations. The Government
     has also issued an assortment of credits, deductions, and incentives that add to the system's
     complexity and further erode the tax base. Furthermore, audit and enforcement activity in
     recent years has been limited, which creates risks of increased levels of non-compliance.
     Due to its compliance and collections issues, the Commonwealth has not been
     able to collect as many revenues from taxes as it should each year.
     In response to these challenges, the Government has taken actions to improve tax compliance.
     It has taken steps to improve information reporting to better detect under-reporting of income
     and over-usage of deductions and credits, notably through recent changes to information
     reporting requirements included in Act 257-2018. These changes create greater
     interdependencies among taxpayers and the information they are obligated to report, which is
     expected to enable greater oversight and verification of the information being reported to the

     256 Reforms include: Act 40-2013, the "Tax Burden Redistribution and Adjustment Act" Act 120-2014, the "Small and Medium
         Business Job Generation and Retention Act,' Act 72-2015, the 'Adjustments to the Internal Revenue Code of 2011;'
         Administrative Orders 2017-01 and 2017-05; and Act 257-2018, the "2018 Puerto Rico Tax Reform Act."


                                                                 213




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     Government. Enhanced usage of data can help Hacienda better isolate risk and focus its
     compliance and enforcement resources. It is driving improvements in its culture and
     organization to boost enforcement capabilities, and digitizing the process of filing taxes, to
     lighten the burden of compliance on taxpayers.
     With the publication of the first Tax Expenditure Report in September 2019 (see Section
     16.3.1), policymakers now have the data necessary to review, assess, and adjust the use of
     individual tax expenditures to ensure that these foregone revenues are leading to positive
     economic development on the Island.


     16.2 Administrative tax initiatives to increase revenue
           collections
     By driving administrative tax reform, the Commonwealth must increase revenues over the
     amounts implied by baseline economic trends by $2.2 billion over FY2o2o-2025, as shown
     below (Exhibit111). To capture impact, measures must be implemented in full by FY2o23. The
     2020 Fiscal Plan recognizes the substantial economic challenges ahead in FY2o21 and
     therefore does not assume any incremental impact beyond what was already required in
     FY2020.
     EXHIBIT 111: REVENUE MEASURES SUMMARY OF IMPACT
      Summary of tax compliance and fees enhancement measures rmpact, SIN

                                                            Improve compliance rate ■ Right- rate other taxes and fees
      500
                                                                                      457                 462
                                                                   450

                                                398
      400



      300

                232             233

      200
                '114            11

      100
                                11tit

        0
                FY20            FY21           FY22               FY23                FY24               FY25



     16.2.1 Improve compliance rate

    The Government must continue its efforts to achieve a target 5% net uplift in
    annual revenues due to enhanced compliance by FY2023 across the major tax lines
    (personal income tax, corporate income tax, and SUT) — inclusive of implementation costs.
    Such an improvement would be in-line with improvements seen in other tax transformations.
    This improvement would be relative to a reduced baseline estimate of revenue collections due




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     to the impacts of COVID-19, and expanded impact would not be expected to resume until
     FY2022. 257

    Hacienda should continue to take a variety of initiatives that can boost voluntary compliance.
    The goal should be to reduce the cost of compliance while simultaneously raising the cost of
    non-compliance, through a combination of an increased likelihood of being caught while not
    paying taxes owed and more effective and enforceable penalties.258
     ■ Use new systems and processes to identify and remediate non-compliance.
          Hacienda has taken steps to make it harder to abuse deductions and credits to avoid tax
          liability, for example by only allowing taxpayers to claim certain deductions and
          exemptions if their return is prepared by a certified public accountant following agreed
          upon procedures.
     ■ Reduce the complexity of the tax system and process of filing taxes to make it
          easier for individuals and businesses to pay their taxes correctly. As detailed further in
         Section 10.4, improving the process of for filing and paying taxes is critical for improving
          ease of doing business, but it also helps boost voluntary compliance.
     ■ Improve use of data and analytics to address non-compliance. Small and
          medium taxpayers account for a significant share of the unpaid and underpaid taxes, but
          only a tiny fraction of these taxpayers receive full-scale audits due to the significant time
          and cost investment needed. While a traditional IRS audit costs an average of $2,278 per
          case, automated notices or letters can be executed for $52 to $274 per case.259 Hacienda is
          receiving increasing filings of information returns that can be used to better identify risk
          and focus compliance resources. Implementing data-driven, tiered compliance
          approaches over time will enable Puerto Rico to reach a significantly larger share of
          nonpayers.
     ■ Collecting SUT on Internet sales. Nationally, the percentage of taxpayers voluntarily
         reporting and paying sales and use taxes on their income tax forms ranges from 0.2% to
         10.2%, while nearly So% of Americans shop online.260,261 Mainland states have taken steps
         to improve sales tax collections on online sales through legislation, as well as voluntary
         agreements with major online retailers.262 In its 2018 Wayfair decision, the US Supreme
         Court further provided mainland states with parameters under which sales taxes could be
         levied on out-of-state sellers. Given these trends, the Government should also be working
         to capture SUT on a much larger share of Internet sales. Hacienda has announced
         agreements with some online retailers to charge Puerto Rico SUT on Internet sales of
         goods.263 With Internet sales growing at —15% annually, and growth expected to accelerate
         further as the COVID-19 pandemic makes the internet a critical component of consumer
         purchasing habits, Internet sales tax presents an even more important opportunity going
         forward.
    The impact from these compliance related activities is projected to phase in over the course of
    four years. In light of the challenging economic climate anticipated in FY2021, the 2020 Fiscal
    Plan does not forecast incremental increases in revenue yield until FY2022, though Hacienda
    will continue to implement its compliance-related initiatives.

     257 Analogous case studies include Panama, Jamaica, and Spain, which saw 1.0 to 2.5 percentage point increases in tax ratio
          relative to GDP through comprehensive tax overhauls, which included compliance initiatives
     258 Xenia Velez presentation to the Oversight Board (Nov. 30, 2017), 3
     259 IRS Enforcement Results, TIGTA Filing Season Audit, IRS Taxpayer Advocate, Team Analysis, GAO
     260 Use Tax Collection on Income Tax Returns in Other States' Research Department of Minnesota House of Representatives,
          April 2015. http://www.house.leg.state.mn.usihrd/pubs/usetax.pdf
     261 Tech Crunch, 2016
     262 Voluntary agreements occur when corporations agree through individual negotiations with states to collect and remit sales
          tax directly to the state
     263 Caribbean Business, 'Amazon to charge Puerto Rico sales tax"


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     16.2.2 Right-rate other taxes andfees
     Prior to Hurricane Maria, the Government reported that it had already developed a plan to
     right-rate certain taxes and fees. These original plans, as well as any adjustments mutually
     agreed upon between the Government and the Oversight Board during implementation of the
     March 2017 Fiscal Plan, have been largely included in this 2020 Fiscal Plan, except where
     explicitly noted below.
     Despite multiple pieces of enabling legislation, the Government's approach to implementation
     lacks central accountability, with specific actions and timelines. Progress against these
     measures has been uneven and the Government must urgently make progress to close the gap.
     Gaming tax. Legislation passed in 2017 increased licenses and fees on mechanical and
     electronic gaming machines to $3,000 from $100. This was originally estimated to generate
     —$71 million in incremental revenues.264 Part of this calculation involved assumptions of
     improved enforcement, as the Government has previously estimated that it is losing
     approximately $170 million per year due to illegal machines that are not paying licensing fees.
     However, when factoring in the potential that a 2,900% increase in taxes on the machines
     could decrease total revenues from gaming, the Fiscal Plans adjust the required revenues to
     be approximately $46 million.
     Licenses and other fees. 2017 legislation enabled fee increases in miscellaneous categories.
     Hacienda will determine which exact fees are to be increased to meet these minimum
     thresholds, achieving an overall revenue increase of —$57 million per year.265 Categories are
     as follows: Charges for services; Fines; Insurance; Licenses; Permits; Rent; Royalties; Stamps;
     Other.
    Tobacco taxes. Legislation was passed in 2017 to increase specific tobacco taxes, including
     taxes on cigarettes, cigars, rolling tobacco, cigarette paper and tubes, chewing tobacco, snuff,
     electronic cigarettes, nicotine cartridges, and vaporizers. Accounting for one-time declines in
     use due to price elasticities after the new law went into place, a —$52 million per year increase
     by FY2024 in revenues due to the new taxes is required. In order to give the Government time
     to focus on a comprehensive implementation approach, the required revenues are delayed
     until FY2022.266
     Medical marijuana tax. Legislation has been enacted to tax medical marijuana. Based on
     an estimated 29,000 patients, the Government expected to collect approximately —$13 million
     per year in additional revenue through this initiative.267
    Airbnb Tax. Legislation has been enacted to apply a 7% hotel room tax to Airbnb rentals,
     resulting in a projected annual revenue increase of —$3.5 million This revenue stream will be
     substantially impacted by the reduction in demand due to COVID-19, recovering only as the
     tourism sector rebounds.


     16.3 Implementation and enforcement of revenue measures
    The following implementation plan details the continuation of the Commonwealth's efforts to
    increase compliance and imposes further details on key milestones in the process to right-rate
    taxes and fees. To date, Hacienda has made important progress towards deploying SURI, its
    integrated tax system. Phases i and 2 of SURI have been rolled out for SUT, excise taxes and

     264 Based on an assumption of 23,000 gaming machines on which Hacienda is able to collect fees (http://www.osrprorg/2017-
         2020/leyes/pdfiley-108-23-Ago-2017.pdf)
     265 Assumes an 80% capture rate on the $73M potential to account for potential elasticities in demand based on fee increases
     266 Based on an 15% decline, per Hacienda (April 5, 2017 calculations)
     267 $15M projected receipts, minus $1.5M of dedicated revenues for the medical marijuana council established in 2017-Act 42
         and controlled substances monitoring in 2017-Act 70


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     license fees and will likely have a beneficial impact on FY2o2o tax compliance. Phase III has
     been rolled out in February 2020 for Individual Income Tax and Corporate Income Tax, with
     likely impact starting in FY2021. The benefits of the SURI platform include improved filing
     and payment capabilities, digital workflows, and integration of previously-disparate data
     sources. These features are expected to, over time, improve Hacienda's ability to serve
     taxpayers and enhance its compliance capabilities. Hacienda has also begun to make use of
     new information reporting and withholding requirements to limit the structural opportunities
     for non-compliance (e.g., through the use of alternative minimum taxes and limitations of
     deductions where there is no corroborating information reporting). On right-rating of taxes
     and fees, the progress has been mixed, with certain smaller revenue streams such as collection
     of tax on Airbnb rentals meeting initial expectations, with others like increases in tobacco
     revenues and gaming fees under-performing relative to Fiscal Plan requirements. Hacienda
     must comprehensively assess progress against these categories of revenue enhancement and
     develop action plans to mitigate future under-performance.

     16.3.1 Creation of a tax expenditure report and regular reporting
     In order to provide a critical element of fiscal responsibility and transparency, the Government
     must regularly produce a tax expenditure report, which will include a comprehensive list of
     revenue losses attributable to provisions of the Puerto Rican tax code that deviate from the tax
     structures benchmark law. Having a clear and accurate understanding of what the
     Government spends through tax expenditures is critical to ensuring the expenditures are
     continuing to contribute to economic growth and opportunity.268
     In response to the 2019 Fiscal Plan requirements, the Government published its inaugural Tax
     Expenditure Report in September 2019 for tax expenditures associated with tax year 2017. For
     the first time in Puerto Rico's history, taxpayers and the Government now have better visibility
     into the full scope of tax expenditures being offered, together with a description and
     approximate cost of each expenditure.
    Additional revisions are required to tax expenditure reporting. For future iterations, the Tax
    Expenditure Report must include the cost of each tax expenditure for the current year and at
    least the prior two years. The report must also forecast the expected revenue collections and
    losses for at least the next five years from the date the report is produced. The forecast of
    revenue losses must include a comprehensive inventory of all tax credits, cash grants,
    deductions, exemptions, preferential tax rate, tax liability deferral and any other tax incentives
    where amounts allocated can materially impact the Commonwealth's financials.

     16.3.2 Tax incentives code reform
    The current tax incentives code structure has high fiscal costs — in excess of $400 million -
    but does not provide enough visibility to allow for clear tracking of these tax concessions and
    the returns they generate for Puerto Rico's economic growth. Past studies, based on limited
    available economic data, have indicated that while some tax incentives led to positive returns
    on investment, many others do not yield similar results.
    That is what led the Commonwealth to enact Act 60-2019 (the "Puerto Rico Tax Incentives
    Code" or "Incentives Code"), which amended the tax incentives code and adopted a new legal
    and administrative framework to normalize the way in which new incentives are created,
    approved, processed, and monitored. Existing incentive laws were repealed and replaced by
    similar incentives in Act 60-2019.
    To evaluate the fiscal benefit from each incentive, the legislation uses a Return on Investment
    ("ROI") approach combined with an assessment of fiscal multipliers to prioritize high value-


     268 Tax Policy Center, Urban Institute & Brookings Institution, "State Income Tax Expenditures'


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     added incentives relative to those that do not generate sufficient economic return. The
     legislation, however, does not include explicit caps on, reductions to, or the elimination of any
     specific incentives. Rather, the purpose of the Incentives Code is to measure the ROI of tax
     and economic incentives by grouping them under a transparent and uniform code.
     Through the Incentives Code, the term, rate, and characteristics of incentives offered are
     harmonized across industries and credits. The Incentives Code also creates a centralized
     Incentives Office for Businesses in Puerto Rico at DDEC and establishes an Incentives
     Concession Portal to centralize, standardize, and streamline the processes related to the
     application and approval of decrees, cash grants, tax credits, subsidies, and other incentives.
    Act 60-2019 also required the public disclosure of beneficiaries of certain tax expenditures. In
    accordance with that requirement, DDEC disclosed (on January 30, 2020) that 8,364
    companies and individuals received certain tax incentives. The online database offers the
    name of the grantee, the type of benefit, and the decree's issue date. At the moment, DDEC
    released the relevant information for recipients that receive benefits from the following Acts:
    Act 14-2017 (Physician Retention); Act 20-2012 (Exportation of Services); Act 22-2012
    (Investor Relocation); Act 273-2012 (International Financial Center Regulatory Act); and Act
    27-2011 (Film Production). DDEC subsequently released additional data on February ti,
    2020, disclosing recipients of the following tax expenditures: Act 73-2008 (Economic
    Incentives for the Development of Puerto Rico Act); and Act 83-2010 (Puerto Rico Green
    Energy Incentives Act).
     Many provisions of Act 60-2019 require the drafting and approval of regulations prior to their
     implementation.269
    The lack of transparency and high cost of these tax concessions warrant additional reform in
    the tax incentives code. In addition to public disclosure of the amount and type of tax
    incentives awarded as part of the tax expenditure report, a value-for-money assessment for
    these tax concessions needs to be conducted to increase the rate of return on investment to
    Puerto Rico. Subsequently, based on the findings of this formalized assessment and explicit
    annual budget, the Government should implement a reform on the existing tax incentives
    code, to better align the tax concessions awards to the growth strategy of Puerto Rico.

     16.3.3 Principle of Revenue Neutrality
     Puerto Rico needs to drive toward more formality and increased compliance within the tax
     base, but it cannot lose revenues in the process. Therefore, any tax reform or tax law initiatives
     that the Government undertakes or pursues during a year within the 2020 Fiscal Plan period
     must be revenue neutral, that is, all tax reductions must be accompanied by specific, offsetting
     revenue measures of the same amount that are identified in the enabling legislation. Each tax
     measure must also include confidence building elements, such as behavioral adjustments and
     reasonable capture rates. To ensure revenue neutrality, the implementation of any tax law
     initiatives must occur sequentially, with the Government ensuring that initiatives are paid for
     before rates are reduced. Enforcement mechanisms must also be part of any tax initiative
     package to prevent a scenario where tax reductions are not accompanied by sufficient
     offsetting revenue measures identified in the enabling legislation.

     16.3.4 Required implementation actions
     To achieve the 2020 Fiscal Plan revenue measures, certain action items must be implemented
     according to the schedule described in Exhibit 112.


     269 Pursuant to PROMESA section 204(b)(4) and the Oversight Boards policy with respect thereto, proposed rules, regulations,
         administrative orders and executive orders covered by said policy, including all regulations under Act 60-2019, must be
         submitted to the Oversight Board before being issued to ensure compliance with the certified Commonwealth Fiscal Plan.


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     EXHIBIT 112: REVENUE MEASURES SUMMARY OF IMPACT
       Required implementation action                                                                   Deadline
       ■ Finalize the integrated plan for the next phase of compliance improvement                      • December 2020
         across the major tax types and assess the resources needed to support the
         activities identified


       ■ Develop resource plan to implement next phase (personnel, IT, other                            • March 2021
        support) as needed to drive progress against key initiatives


       • Implement process to estimate the impact of compliance efforts on revenue                      • June 2021
         collections to inform future program priorities




     Chapter 17. Reduction in appropriations to UPR

     17.1 Current state and vision
     The central Government provides a range of appropriations to three main groups of recipients:
     The University of Puerto Rico (UPR), Puerto Rico's 78 municipalities, and "other" recipients
     (typically private industry or non-profit institutions).
    The University of Puerto Rico, founded in 1903, is Puerto Rico's largest and main university
    system. Its mission is to serve the people of Puerto Rico, contribute to the development and
    enjoyment of the fundamental values of Puerto Rican culture, and uphold the ideals of a
    democratic society. To advance its mission, UPR strives to provide high-quality education and
    create new knowledge in the Arts, Sciences, and Technology. UPR has a history of academic
    excellence, with 694 degree-granting academic and professional certification programs,
    including six first level professional degree programs and 34 PhD programs. The university
    system is also an important center of research; for example, the Rio Piedras campus is
    classified as a high research activity university by the Carnegie Foundation (one of only 335
    US universities to receive such a designation) and there are 79 separate research centers across
    the university system. UPR also plays a critical role in providing avenues for social and
    economic advancement, with 68% of students receiving Pell grants.270
     In FY2018, UPR was 67% subsidized (-$678 million in annual appropriations) by state and
     local funds, compared to an average 25% state and local subsidization for US public
     universities.271 In FY2018, UPR's undergraduate tuition was less than one-third of the US
     average for public universities, even after adjusting for per-capita income, and more than 40%
     below the average tuition of private universities on the Isla nd.272 Yet, during the past decade,
     UPR has seen a 24% enrollment decline (13% since FY2018) across both graduate and
     undergraduate populations. Moreover, UPR consists of 11 independent campuses with
     minimal shared services or administrative consolidation. As a result, UPR has grown reliant
     on the significant subsidies from the Commonwealth, and has made slow progress in
     addressing declining enrollment, diversifying its revenues, rationalizing its tuition and
     scholarship systems, renewing and maintaining its infrastructure, addressing operational


     270 UPR 2012-2017 Strategic Plan
     271 UPR, IPEDs 2016 College Board
     272 Represents the average across the Ana G. Mendez University system, Inter-American University, Sacred Heart University,
         and Polytechnic University for SY18-19.


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     inefficiencies, appropriately funding its pension system, and paying its contractually-obligated
     debt.

      Establish an independent needs-based scholarship fund for UPR

      The Fiscal Plan and Certified Budget assigned funds to establish an independently-managed
      needs-based scholarship fund to benefit the students of the university system. This fund will be
      used to provide need-based scholarships to UPR students." As such, this year's Government
      contribution to the scholarship fund is projected at -$43 million.
      In April 2020, an RFP process was started in order to provide Fund Administration Services and
      Trust Services to AAFAF with respect to the scholarship endowment trust fund. The RFP was
      awarded in May 2020 to Fundacion Comunitaria. The fund is expected to award the first
      scholarships in August 2021, as the application process is expected to be conducted between March
      and June of the same year.


      Establish an independent scholarship program for medical students who commit to
      practice in underserved areas

      The 2020 Fiscal Plan creates an additional independently-managed scholarship program to
      incentivize doctors to practice in underserved areas in Puerto Rico. Many rural areas in Puerto
      Rico are underserved by physicians, due to the lack of training opportunities, low salaries for
      medical residents, and difficulty becoming certified to contract with health insurance plans. This
      has resulted in a shortage of -500 primary care, mental health, and dental providers (according to
      HHS). Accordingly, the 2020 Fiscal Plan allocates funding for a loan forgiveness program to be
      offered to medical residents or students. Each student or resident would be eligible for up to
      $25,000 of loan forgiveness per year of service (up to four years) in underserved areas, and the
      program would be administered by an independent party chosen via a competitive process. The
      2020 Fiscal Plan recommends that the Government invest $io million in FY2o20 and allocates
      $20 million for investment in FY2o2i. This program directly responds to the increased need for
      healthcare providers in rural areas following the COVID-ig pandemic and is representative of the
      2020 Fiscal Plan's commitment to protecting the health of the people of Puerto Rico. To ensure
      timely implementation of the program, UPR, in concert with AAFAF and the Oversight Board,
      must undertake the initiatives described in Exhibit 114.




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     17.2 Key initiatives to reduce appropriations
     Reducing Commonwealth subsidies to UPR must lead to run-rate savings of - $282 million by
     FY2025 (Exhibit 113).

     EXHIBIT 113: REDUCTION IN APPROPRIATIONS MEASURES SUMMARY OF IMPACT
      Summary of UPR appropriation inet of measures), SM

                                                                               4111IP Measures impact


                          411111. 41:110                              4110 41:10
            560              560


                                               466
                                                            442          447               452




           FY20             FY21
                                         11_   FY22         FY23        FY24              FY25


    A reduction of the appropriation for UPR was determined in 2017 through a shared process
    with the Government to identify reasonable, sustainable measures to bring UPR closer to US
    mainland public university tuition and administrative cost benchmarks, while maintaining
    (and in many cases improving) the performance of the system, which serves as a primary
    economic growth engine of the Island. It reflects both the declining enrollment of the
    university as well as the sizeable opportunity to diversify revenue sources, transform
    operations through greater utilization of shared services and other administrative
    streamlining across its n. campuses. In light of the COVID-19 pandemic, the Oversight Board
    has agreed to provide a one-year pause in the further reduction of UPR's annual appropriation
    to enable UPR to focus all its efforts on implementing the efficiencies previously required and
    not completed. The 2020 Fiscal Plan therefore maintains the UPR subsidy level at 54% in
    FY2021. Thereafter, a gradual decrease in the UPR appropriation will continue as previously
    envisioned to -$452 million by FY2025.




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     EXHIBIT 114: REQUIRED ACTfON ITEMS TO UPR SCHOLARSHIP PROGRAM FOR
     MEDICAL STUDENTS
       Action item                                                                                               Deadline

       • Finalize the program's design, including the terms of the agreement between the                         • September
         program and its beneficiaries, and launch an RFP to identify a third-party provider                       2020


       • Selectthe third-party provider and finalize contracts                                                   • December2020


       • Finalize application and selection process and execute awareness campaign                               • March 2021


       • Launch application and selection process                                                                • June 2021




     Chapter 18. Municipal services reform

    18.1 Current state
     Puerto Rico's 78 municipalities are also recipients of Commonwealth appropriations. To
     incentivize a new operating model between the territory and municipal governments, as well
     as municipal operational changes, prior Fiscal Plans reduced Commonwealth appropriations
     to municipalities. In FY2018, the total municipal appropriation was $220 million (a reduction
     of $150 million relative to the prior year). In FY2019, it was reduced to $176 million, and in
     FY2020, as stipulated in the 2019 Fiscal Plan, it was further reduced to $132 million. Over the
     past two years, however, there has been little meaningful progress on redefining the
     relationship between the territorial government and municipalities, almost no
     decentralization of responsibilities, and no expenditure-sharing. Moreover, municipalities
     have made little (if any) progress towards implementing the fiscal discipline required to reduce
     reliance on Commonwealth appropriations and better reflect a declining population in many
     areas. The lack of fiscal management is now being exacerbated by the COVID-19 pandemic,
     threatening the ability of municipalities to provide necessary services, such as health.
     sanitation, public safety, and emergency services, to their residents and forcing them to
     prioritize expenditures.
     Over the last decade, Puerto Rico's population has declined by —1896 and it is projected to
     continue declining going forward. Given that and absent any other structural reorganization
     of responsibilities, municipalities must pursue consolidation of services across multiple
     municipalities to enable better and more efficient services for Puerto Rico residents.
     Moreover, consolidation would significantly reduce costs by leveraging scale, especially in
     areas of services provided directly to residents, such as garbage disposal and maintenance of
     municipal buildings and roads.
    A further review of historical trends of municipalities' fiscal condition validates the challenge
    of operating with declining resources. Analysis of data produced by ABRE Puerto Rico, a non-
    profit that evaluates municipality finances, from 'fully-reporting" municipalities
    demonstrates a pattern of inability to operate within budget targets (Exhibit n5).273


     273 •Fully-reporting" municipalities are defined as the 57 municipalities (out of the 78 total) that reported yearly results to ABRE
         Puerto Rico for each year between 2010 and 2018. To avoid any misleading comparisons due to inconsistent data
         availability, only these municipalities are analyzed throughout this section.


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     EXHIBIT 115: GENERAL FUND REVENUES, ACTUAL VS. BUDGET
      General fund revenues actual vs budget Ski


      2,100                                                        4    General Fund Rev - Actual                              General Fund Rev - Budget



      2,000
                                                           w

      1.900



      1,800



      1.700



      1.600



      1,500                           imk                                                                                                              ink
                     FY10                FY11                 FY12                FY13                FY14                FY15         FY16                FY17                FY18
      • Lir,   .•••     . 4.4,:.=.2...1163. retorted. ye srly retkASS to WM For esc.h, str VerftMen 201r:14mi Rc E. =ol.u•,•       .   Ann : •-■   .   CS* RRIP1.33ISLIES .re snaieze 2
       ltrOUVICPUIMM be.Gtall




    In any given year, less than half of the fully-reporting municipalities often recorded a positive
     change in general fund balance due to budget shortfalls, and approximately 40% are
     dependent on Commonwealth appropriations to operate. From FY2c10 to F172018, these
     municipalities' aggregate General Fund balances declined from $55 million to negative $118
     million (Exhibit 116). These repeated budget shortfalls put further financial strain on the
     following years, driving negative fund balances that have required persistent Commonwealth
     support and/or increased borrowing. As currently operating, many of the municipalities are
     not fiscally sustainable.




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     EXHIBIT 116: FULLY-REPORTING MUNICIPALITIES' END-OF-YEAR GENERAL FUND
     BALANCES
      Municipalities end-of-year balance, gin:


                                                                                           413, >50%       <50%
                                         % of munis with positive change in general fund




       150
              Cif 0:11, 4120 CD                                       CO 1:1)
       100

        50

         0

       -50

      -100

      -150

      -200
               FY10       FY11        FY12       FY13       FY14        FY15       FY16       FY17      FY18


     In total, municipalities have been able to reduce long-term debt (excluding pensions), but this
     is primarily due to limited access to credit, particularly after the liquidation of the
     Governmental Development Bank (GDB) (Exhibit i17).
     EXHIBIT 117: FULLY-REPORTING MUNICIPALITIES' DEBT AND DEBT PAYMENTS
      Debtand debt payments by fully-reporting municipalities ,


      8.000                                                   — Debt payments      Debt                    500

                                                                                                           450
      7.000
                                                                                                           400
      6,000
                                                                                                           350
      5,000
                                                                                                           300




                                                                            1
      4,000                                                                                                250

                                                                                                           200
      3,000
                                                                                                           150
      2,000
                                                                                                           100
      1,000
                                                                                                           50

          0                                                                                                0
               FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18


     Many mayors argue that municipalities have been given unfunded mandates by the
     Commonwealth to provide basic services, and many point to this as a major cause of their

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     budget deficits. During the recent COVID-19 pandemic, municipal governments did take over
     some central government responsibilities, such as food delivery, and have shown leadership
     with testing and contact tracing. However, these actions have often not been intentionally
     planned, and thus municipalities have difficulty keeping track of such expenses, which is
     critical to qualify for the FEMA reimbursement process under the National Emergency
     Declaration. As well, given the poor centralized accounting and data collection of the
     Commonwealth, it is difficult to segregate central costs at a municipal level, even though the
     Commonwealth has regional offices and employees in nearly every municipality of Puerto
     Rico. Given the Commonwealth's extensive regional service infrastructure, there are definitely
     redundancies with municipal governments in several areas.
     On the revenue side, improving collections has the potential to increase annual revenues for
     municipalities. The Municipal Revenue Collection Center (CRIM), which operates property
     tax collection on behalf of municipalities, must establish a program to improve collections on
     existing properties, reclassify properties that are currently erroneously categorized
     (residential v. commercial), and pursue strategies to enhance collections. Current year
     collections have averaged approximately 68% in recent years, which is well below comparable
     US jurisdictions. Low compliance rates and thousands of properties in Puerto Rico that do not
     appear on the property tax rolls affect the revenue productivity and fairness of the property
     tax system. CRIM has the responsibility for virtually every aspect of property tax
     administration, including developing a cadastral survey, identifying taxable parcels,
     developing and maintaining an appraisal manual, developing tax records, calculating the
     valuation for all real property, notifying taxpayers of their respective obligations, and
     collecting the real and personal property tax. Although CRIM currently delegates services to
     select municipalities via collaboration agreements for functions such as appraisals, collections,
     verifications, and investigations, municipal governments still have limited roles in the
     administration of the property tax. Thus, enhancing the effectiveness of CRIM is critical for
     municipal revenues and services.

     18.1.1 Act 29-2019
    On April 15, 2020, the Title III court issued a decision granting summary judgment to the
    Oversight Board on several of its claims against the Governor and AAFAF and nullifying Act
    29-2019 as being in violation of PROMESA. The Title III court's order became effective on
    May 7, 2020. The effect of this nullification requires municipalities to cover their own
    employees' healthcare and PayGo costs. For FY2020, the PayGo and healthcare obligations
    are approximately $166 million and $32 million, respectively. The Oversight Board, the
    Government, and CRIM have agreed that the combined amount due, $198 million, will be
    partially offset by the FY2020 Commonwealth transfer of $132 million (that was transferred
    to CRIM in accordance with the 2019 Fiscal Plan and certified Budget). Under Act 29-2019,
    CRIM was retaining these funds, but remitted approximately $34 million to municipalities in
    lieu of property taxes as part of the monthly remittances. This was in violation of the 2019
    Fiscal Plan and certified Budget, and the Commonwealth will recover these funds through the
    short-term liquidity facility described in Section 18.2.3. Therefore, CRIM must return the
    retained funds to the Commonwealth to be applied as a set-off against these obligations due.
    After accounting for the various transfers of funds, the nullification of Act 29-2019 results in
    the municipalities currently owing $66 million to the Commonwealth for their employees'
    FY2020 PayGo and healthcare contributions. This amount equates to approximately 3% of the
    total municipality General Fund budgets in FY2020 (—$2 billion), although the impact varies
    on a municipality-by-municipality basis.
    The Oversight Board accepted CRIM's proposal to allocate the $132 million in equal
    proportion across municipalities. Under this option, every municipality will owe —33%
    (representing $66 million of the $198 million total amount due) of its FY2020 PayGo and
    ASES obligations. These amounts will be repaid according to the repayment waterfall in
    Exhibit 118. This repayment waterfall focuses on incremental revenues that municipalities


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     have not considered in their FY2020 budgets. Therefore, the financial impact on
     municipalities should be minimized.

     EXHIBIT 118: REPAYMENT WATERFALL
      Repayment waterfall       DeschMon

                                •   CRIM identified 517 6 million of Electronic Loltery proceeds from FY2016 & FY2017 previously not remitted to CRIM as
       Slop 1 - Offset
       OUCHOnding obligation        required by Law
                                •   Use these funds to offset a portion of the remaining obligation of 566 million
       against electronic
       loiter/ lunds we up


      Step 2 - Offset           • If tax collections exceed the amount needed to tover annual debt senate on CAE loans. municipalities receive this
                                    excess at the end of the year
      outstanding obligation
      against excess CAE        • Use these funds to Milder offset remaining obligations after Step
      rebate

                                • CRIM projects annual municipal advances at the beginning of each focal year and remits funds based on projections
       Step 1- Offset
                                  monthly
       outstanding obligation
                                • After the fiscal year ends, CRIM reconciles actual collections to remittances and liquidates any excess to the
       against the final FY20
                                    corresponding municipality
       liquidation
                                •   Use these funds to further offset remaining obligations after Steps 1 and 2

                                •   CM will value and plan to monetize its portfolio of accounts receivable by the end of FY2021 This action is projected
       Step 4 - Offset
                                    lo result in up la 5400 million to proceeds
       outstanding obligation   •   Proceeds from the sale of this portfolio shall be paid to the Commonwealth to further offset remaining obligations after
       against the collection
                                    Steps 1 2 and 3
       of aged Accounts
       Receivable

                                • If FY2020 PayGo and health care obligations are not fully repaid after Steps 1. 2.3 and 4, CRIM should offset the
                                    municipaRy's monthly advances until the remaining obligation is repaid in hill
                                • To minimize the impact of offsets. MN must undertake revenue enhancing measures to secure additional revenues
       Step 5 - Offset            that could then offset the remaining liability due
       outstanding obligation   • If CRIM does not achieve its revepue-enhancing measures by the end of FY2022. a series of collection measures will be
       against municipal          enacted These measures include the establishment of a Iockbox mechanism to control all cash receipts and
       advances                   disbursements and an immediate offset of 25% of the outstanding obligation from property tax advances
                                •   These offsets will continue in varying amounts until the obligation is fully repaid
                                • If the balance of the FY2020 health care and PayGo obligations is not paid clown by the end of FY2022. the budgeted
                                  monthly Commonwealth transfer will be placed on hold until such time as the requirement is mat




     18.2 Disaster recovery and the COVID-19 crisis
     18.2.1 Accelerating post-disaster recovery at municipalities
     Puerto Rico has experienced historic and unprecedented disasters since 2017. The impact of
     Hurricanes Irma and Maria, as well as a magnitude 6.4 earthquake on January 7, 2020 (and
     the subsequent aftershocks), resulted in significant damage to the infrastructure and
     economy, and prompted material out-migration. The Federal Government has supported
     post-hurricane reconstruction in the municipalities primarily through FEMA's Permanent
     Work (Categories C-G) Small Projects and Community Disaster Loans (CDLs). Small Projects
     are defined as those with total project costs of up to $123,100 for Permanent Work Categories
     C-G. As of May 18, 2020, 1,224 projects have been obligated to municipalities, totaling -$48.9
     million, of which -$33.5 million has been disbursed. In addition, 3,285 Small Projects are
     currently in the project formulation stage, with a total approximate cost of $152 million. CDLs
     are provided to municipalities that have suffered a substantial loss of revenues as a result of a
     disaster and that can demonstrate a need for federal financial assistance to perform critical
     functions such as payroll, supplies, and maintenance materials related to disaster operations.
     76 of the 78 municipalities have received nearly $300 million from the Federal Government
     to make up for lost revenues due to the Hurricanes in the form of CDLs. Municipalities and
     the people of Puerto Rico have also received disaster funding through Individual Assistance
     programs, Small Business Administration Loans, Department of Housing CDBG-DR
     programs, and Department of Transportation funding.
    On December 7, 2019, the Oversight Board approved the Government's request to establish a
    "State Recovery Fund" that would fund advances to eligible Small Projects under the FEMA


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    Public Assistance program, which many municipalities required due to a lack of liquidity.274
    The State Recovery Fund was financed solely from a reprogramming of the $100 million
    FY2020 certified budget appropriation under the custody of OMB designated as "Cost share
    of public assistance" and is to be used only for Small Projects (as defined above). The Oversight
    Board also included several requirements from the Government as a precondition to approval
    of this State Recovery Fund. Since the establishment of this State Recovery Fund, COR3 has
    informed the Oversight Board that $92.5 million would be returned to OMB given other
    mechanisms have been put in place to expedite Small Projects and the funds are no longer
    required by the municipalities.275
    The 2020 Fiscal Plan includes the use of $9 million requested for the first required steps of
    demolition and debris removal as a result of the earthquakes in Guayanilla, Guanica, and,
    Pefiuelas, which are a prerequisite for redevelopment of the southwest region. As a next step,
    the Oversight Board urged the Government to determine what incremental efforts of this type
    are necessary in other municipalities (e.g. Ponce and Yauco) that have suffered from the
    earthquakes, and that these incremental requests be submitted for Oversight Board approval
    as soon as possible.
     Beyond the first steps of demolition and debris removal, the next step should be the
     development of an integrated and comprehensive plan for the long-term economic
     reconstruction of the southwest region, focusing on rebuilding with resiliency and taking into
     account the changes in the economy in a post-COVID world, the patterns of migration from
     the area, and the potentially-permanent risks to populations from the earthquakes and erosion
     after the hurricane, among other factors. This plan should be developed in coordination with
     FEMA and other relevant agencies.

     18.2.2 COVID-ig crisis
     In response to the COVID-19 crisis, the 2020 Fiscal Plan provides for a one-year pause in the
     further reduction of Commonwealth appropriations to municipalities; accordingly, the
     FY2021 appropriation will remain at $132 million (i.e., the same as in FY2020) rather than
     decline by $44 million as defined in the 2019 Fiscal Plan. This additional financial support for
     municipalities should be used to effectively implement strategies that will allow municipalities
     to improve their financial sustainability by instituting critical changes in operating structure,
     sharing costs through consolidated services, and improving revenue collection.
     In addition, the Governor signed an executive order that adopts the "Strategic Plan for
     Disbursement" of the $2.2 billion allocated to Puerto Rico by the Coronavirus Relief Fund
     created by the Federal Government through the CARES Act, which assigns $1oo million to be
     transferred to the municipalities for eligible expenses related to COVID-19.

     18.2.3 Liquidity Facility
    The onset of the COVID-19 pandemic resulted in the deferral of the personal property tax
    return due date as an emergency measure enacted by the Government. This extension has
    created a short-term liquidity challenge for CRIM and the municipalities for the remainder of
    FY2020 (May and June) and the first month of FY2021 (July). The Oversight Board approved
    a short-term liquidity facility of up to $185 million, funded by the Commonwealth, to ensure
    that CRIM can continue to advance monthly tax remittances to municipalities, which are
    crucial for municipal operations. This authorization will be in effect through July 31, 2020.

    The use of the liquidity facility is dependent on an approved budget that incorporates monthly
    municipal net remittances, payment of certain statutory and contractual debts, and CRIM

     274 Oversig
              • ht Board letters dated December 7 and December 14, 2019.
     275 COR3 letter to the Oversight Board dated April 14, 2020.


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     operations. Repayment of the loan will come from basic property tax revenues received by
     CRIM, with receipts expected in August, September, and October 2020. This liquidity facility
     shall be repaid in full on or before November 30, 2020. The creation of a lockbox account will
     be required to protect the Commonwealth's collateral. In addition, CRIM will be required to
     provide both weekly and monthly financial reports regarding tax collection activity and
     financial statements, including income statements, balance sheets, and cash flow statements.


     18.3 Vision and reform needed to transform municipal
           services
     Given the lack of meaningful progress to date in achieving municipal government services
     reform and municipalities' financial challenges, particularly in the context of the Hurricanes,
     earthquakes, and COVID-19, the Government will need to develop a solution to streamline and
     consolidate municipal services throughout Puerto Rico. Otherwise, the Government faces the
     prospect of expanding municipal operating deficits, further deteriorating infrastructure, and
     worsening service delivery.
    Since municipalities provide services that are, in most cases, complementary to those of the
    Government, the Commonwealth should take this opportunity to rethink the entire
    governmental structure, not just that of municipal governments. This will allow the
    Government to deliver better services across agencies in coordination with municipalities, and
    to do so more cost-effectively. A centralized approach has proven, repeatedly, to be inadequate
    for the management of various government programs in Puerto Rico. A new decentralized
    model could remove the bottleneck of centralized Commonwealth agencies, dramatically
    increasing capacity to respond to a crisis and improving service delivery at a local level.
    Unfortunately, the vast majority of municipalities do not (individually) have the
    administrative or financial capacity to operate Commonwealth programs. Many also lack the
    economies of scale necessary to be efficient with programs such as ASUME, ADFAN, or
    Vivienda. However, a consolidated municipal service structure could enable the delegation of
    certain Commonwealth responsibilities to local governments. Such a model could yield
    municipal and Commonwealth savings, and a portion of those savings could be reinvested
    back into the municipalities where savings are realized.
     In addition, a more integrated government structure could help implement locally-based
     economic development strategies, which are more viable at a regional level than on an
     individual municipality basis. On the revenue side, service consolidation could further
     enhance the coordination of property tax collection by standardizing and automating
     processes and integrating data and information systems.

     18.3,1 Incentivizing consolidation of services
    To further incentivize service consolidation, the 2020 Fiscal Plan lays out a set of voluntary
    options for municipalities to consider. By consolidating services, municipalities will be able to
    significantly reduce costs. Under this approach, municipalities that voluntarily choose to
    consolidate services will be eligible to receive a one-time financial incentive upon certification
    of such action by the Oversight Board. To fund this initiative, the 2020 Fiscal Plan sets aside
    $22 million in each fiscal year through FY2025 for distribution among municipalities that
    complete service consolidations, as confirmed by the Oversight Board. The amount distributed
    will be determined in coordination between AAFAF and the Oversight Board and will depend
    on the size of the municipality and the scale of service consolidation. The 2020 Fiscal Plan
    otherwise maintains the overall approach of phasing-out the entirety of municipal
    appropriations, which will reach zero by FY2025.
     Exhibit 119 illustrates the reduction in municipal appropriations that would occur if voluntary
     consolidation of services is not pursued and the status quo is maintained.

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     EXHIBIT 119: REDUCTION IN MUNICIPAL APPROPRIATIONS UNDER STATUS QUO
     SCENARIO
      Summary of appropriaton (net of measures), 13m

                                                                    IN. Measures impact



         111110 1110 COP 11110 41111.
            132               132




                                                88




                                                             44           44




            FY20             FY21             FY22           FY23       FY24              FY25


     18.3.2 Oversight Board's municipalities pilot program
     On May 9, 2019, the Oversight Board announced that all 78 municipalities would become
     covered instrumentalities under PROMESA, with the aim of securing their long-term fiscal
     viability. As part of the initiative, the Oversight Board selected 10 geographically-aligned
     municipalities for a pilot program to develop fiscal plans and budgets to be reviewed and
     certified by the Oversight Board.
     The ten municipalities selected from the central and northern regions are Orocovis, Aibonito,
     Barranquitas, Cidra, Comerio, Villalba, Camuy, Isabela, Quebradillas, and San Sebastian.
     Each municipality is required to include spending reduction and efficiency measures in their
     fiscal plans. These measures may include inter-municipal shared services arrangements,
     programs to improve and optimize local revenue collection, economic development
     guidelines, and decentralization proposals, and the Oversight Board has offered technical
     assistance in this process. The pilot program will show the value of consolidating services in
     seeking to reduce expenses and achieve long-term fiscal viability.




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     EXHIBIT 120: MAP OF MUNICIPALITIES PARTICIPATING IN THE OVERSIGHT BOARD'S
     PILOT PROGRAM
                                                                                          Pilot Municipalities




                               •••■••




                                        AO-
                 ..1•-■=1■••


        a-




     18.3.3 Property tax reform
     CRIM plays an important role in supporting Puerto Rico's municipalities in their economic
     and social development by ensuring an efficient process to collect and distribute real and
     personal property tax revenues, which are an important revenue stream for municipalities. In
     FY2020, property taxes represented approximately 29% of the aggregate general fund budget
     for municipalities.

    Historically, the taxable value of real and personal property has been significantly reduced by
    tax exemptions and exonerations. In FY2019 for example, more than 50% of the real and
    personal property tax base was eliminated through these exemptions and exonerations. In
    addition, there is a backlog of real properties not yet appraised, and collection rates for current
    year real property tax billings are well below comparable jurisdictions at approximately 68%.
    This has resulted in a large accounts receivable balance. Therefore, it is essential that CRIM
    seize all opportunities to maximize property tax collections to improve municipal revenues.

     In partnership with the municipalities, CRIM must implement measures to capture unrealized
     property tax revenues by increasing tax compliance and improving overall collection rates.
     CRIM must also update the tax roll to include the tens of thousands of non-registered
     properties and home improvements. Additionally, CRIM must undergo an operational
     transformation centered around the replacement of outdated and inefficient applications and
     hardware and the establishment of a data-driven culture. Based on implementation planning
     discussions with CRIM management, CRIM estimates these initiatives could produce:
     ■ $70 million of additional annual revenue from raising real property tax compliance from
       68% to 76%;
     ■ $118 million of additional annual revenue from registering properties and home
       improvements not on the tax roll;
     ■ $400 million of one-time revenue from selling the accounts receivable portfolio; and
    Additional revenue-enhancing measures are identified in CRIM's Fiscal Plan.




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     Chapter 19. Pension reform

     19.1 Current state of and required changes to pension reform
    The Government operates three public employee retirement systems in Puerto Rico: The
    Employees' Retirement System (ERS), the Teachers' Retirement System (TRS), and the
    Judiciary Retirement System (JRS). The systems have different tiers of benefit formulas, some
    of which are traditional defined benefit pensions based upon years of service and final salary,
    while others are hybrid cash balance plans. Under the hybrid cash balance plans, employees
    have notional accounts credited with contributions and interest, and upon retirement, benefits
    are payable as an annuity. Different benefit tiers apply to employees based upon the year in
    which they were hired. Per the latest data available, each of the systems included the following
    liabilities: 276
     ■ ERS: 242,000 total covered (119,000 active employees, 123,000 retirees and other
       beneficiaries); with $1.5 billion in annual benefits and $31 billion in total actuarial
       liability277
     ■ TRS: 79,000 total covered (35,000 active employees, 44,000 retirees and other
       beneficiaries); with $0.7 billion in annual benefits and $17 billion in total actuarial liability
     ■ JRS: 878 total covered (364 active employees, 514 retirees and other beneficiaries); with
       $25 million in annual benefits and $0.7 billion in total actuarial liability
    All employees have historically made contributions toward their benefits, albeit
    at different rates. Most regular government employees (including police officers as of
    January 1, 2020) also participate in Social Security, which includes both employer and
    employee contributions; most teachers and judges do not participate.




     276 All liability estimates are as of July 1, 2017, and benefit estimates are for FY2018, but based on census data as of July 1,
         2016
     277 Coverage counts do not include participants who are terminated and owed a deferred vested benefit as this participant data
         is unavailable. The liability for these participants is estimated via a load in the actuarial liability.


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     EXHIBIT 121: PUBLIC EMPLOYEE RETIREMENT SYSTEMS OVERVIEW (PRIOR TO PLAN
     OF ADJUSTMENT)
                                        Defined Benefit                       Hybrid Cash Balance         Defined Contribution   Social Security
      Group                             Component                             Component                   Component              Coverage
                                                                                                                                  .—
      ERS Hired Jan 1,                  None                                  Based on employee           Based on employee      Police - Yes1
      2000 or later                                                           contributions and a share   contributions          Others - Yes
                                                                              of investment earnings      beginning July 1:
                                                                              prior to July 1, 2017       2017

      ERS - Hired before                Based on years of                     Based on employee           Based on employee      Police - Yes1
      2000                              sernce and salary,                    contributions and a share   contributions          Others - Yes
                                        frozen as of June 30,                 of investment earnings      beginning July 1,
                                        2013                                  from June 30, 2013 to       2017
                                                                              July 1, 2017

      TRS - Hired Aug                   None                                  None                        Based on employee      No
      1, 2014 or later                                                                                    contributions

      IRS - Hired before Based on salary                                      None                        None                   No
      Aug 1, 2014         and years of service

      JRS - Hired Jul 1                 Reduced formula                       Based on employee           None                   No
      2014 or later                     based on salary and                   contributions and a share
                                        years of service                      of investment earnings

      JRS — Hired before Based on salary                                      None                        None                   No
      Jul 1, 2014         and years of service
      •   sa of fx-s ..sere• wirored in Sscial Sacuray traces as cf January



     Over many decades, successive governments have failed to adequately fund these
     retirement plans, and today the ERS, TRS, and JRS are nearly insolvent. In fact,
     Commonwealth PayGo expenditures to provide pension benefits are expected to continue
     constituting over 1/5 of General Fund expenditures without further action, as detailed below
     (Exhibit 122). In accordance with Section 211 of PROMESA, the Oversight Board published a
     detailed report in September 2019 on the Commonwealth's retirement systems.278 This report
     provides a comprehensive analysis of the retirement systems' legal structure, operations, and
     benefit provisions, as well as additional detail related to the history of management of these
     funds and actions by the Commonwealth that led to the insolvency of these plans. Moreover,
     it clearly illustrates the systems' critical underfunding and urgent need for reform.




     278 Available via the following link: https://drive.google.comSe/d/leJGQ-gRaScilT IxTqHzjLoRxE xEkX1/view



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     EXHIBIT 122: PAYGO EXPENDITURES COMPARED TO OVERALL GENERAL FUND
     EXPENDITURES, PRE-MEASURES
       PayGo expenditures compared to overall General Fund expenditures, SIVi

               General Fund expenditures. including social programs (e. g., Medicaid)' /Total PayGo   PayGo as %tit General Fund expendilures



      12.000
      11,000
      10,000
       9.000
       8.000
       7,000
       6.000
       5,000
       4.000
       3,000
       2.000
       1,000
           0
           FY20                        FY21                      FY2                       FY23            FY24                      FY25

               26%                     26%                        22%                      21%              21%                      21%




    These retirement plans have depleted the assets that were set aside to pay benefits. Further,
    the employer contributions were not transferred as anticipated.279 Satisfying pension
    commitments to current retirees and future retirees and their families is not only important
    to these individuals but also important to Puerto Rico's economy as retirees spend virtually all
    their income on the Island. Action must be taken to identify a level of benefits that
    Puerto Rico can afford and devise a plan for the Government to fund these
    revised benefits.
    The Commonwealth has already taken critical steps toward a more stable pension system.
    Benefits for System 2000 ERS employees hired after January 1, 2000 were transitioned to a
    hybrid cash balance design with a benefit level based solely on the level of employee
    contributions. Subsequently, various legislation passed from 2013 through 2017 ceased
    accruals under the unsustainable ERS and TRS defined benefit (DB) plans (though TRS
    reform was subsequently partially overturned). As part of this reform, benefits for all ERS
    employees and for TRS employees hired after August 1, 2014 were transitioned to a hybrid
    cash balance plan design. With Act 106-2017, the Commonwealth transitioned to a new PayGo
    pension system, liquidated assets to help fund benefits owed, and has moved the assets of
    recently hired TRS members (and future contributions of ERS members) into segregated
    accounts. Hybrid accounts of System 2000 members were not similarly moved into segregated
    accounts. The Commonwealth is still in the development stage of implementing true defined
    contribution (DC) retirement plans for these members who previously had hybrid cash
    balance accounts, but this process has experienced significant delays. There is a need for
    further action to ensure the long-term adequate funding of pension benefits; in addition, some
    of the current commitments have not yet been fulfilled (e.g., the transition to the new defined
    contribution system has not yet been completed).



     279 Legislative attempts to increase employer contributions to the pension trust were passed, including the Additional Uniform
         Contribution payments for ERS (Act 32-2013) and the Annual Additional Contribution for TRS and JRS (Act 160-2013 and
         Act 162-2013), however, large portions went unpaid and/or were not fully implemented prior to elimination by Act 106-2017.


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     Puerto Rico's retirement systems must be further reformed to reduce costs and maintain
     adequate funding for current and future retirees. The measures included herein will have an
     average annual impact of approximately $89 million through FY2o25, once fully implemented
     by the start of FY2o23. Reductions to benefits have also been structured to protect lower-
     income retirees, who otherwise could become impoverished and therefore be forced to rely
     upon government "safety net" benefits.
     Only with pension reform can the Government help restore both fiscal balance
     and the promise for current and future retirees to safeguard their assets and
     their future pensions.


     19.2 Proposed pension reform initiatives
     Based on the measures herein, restructuring the pension system will lead to $227 million in
     savings from FY2020 to FY2025, as shown below (Exhibit 123).
     EXHIBIT 123: PENSION REFORM SUMMARY OF IMPACT
      Summary of pensions reform impact, $M

                  Freeze on TRS r JRS ■ 8 5% pension reduction ■ Social Security contributions • System 2000 removal2


                               200
                                                                                                     88            97
                                                                                      81
                               150                                                                   72            20

                               100                                     15

       Measures                 50

                                  0 —
                                          -17
                               -50

                              -100

                                         2,301         2.369          2.314         2.248          2240          2,227

       PayGa'

                                         FY20          FY21           FY22          FY23           FY24          FY25




     19.2.1 Freeze DE accumulation for JRS/TRS and enroll employees in a DC plan
            with segregated accounts
    TRS members hired prior to August 1, 2014 and all JRS members are currently accruing
    benefits under the defined benefit components of their retirement plans. ERS members and
    TRS members hired after August 1, 2014 have already transitioned to hybrid cash balance
    plans. TRS members hired after August 1, 2014 have subsequently had their hybrid accounts
    segregated from the DB plan by Act 106-2017. These segregated balances, along with ERS
    contributions made after June 30, 2017, are being transitioned to DC accounts with a targeted
    completion date of July 2020.280 To avoid creating future pension liabilities and to
    adequately fund the pensions of both taxpayers and future retirees, the JRS and

     280 Estimate provided by the Retirement Board in May 2020, however, the Retirement Board indicates that the delay may be
         further extended due to COVID-19.


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     remaining TRS benefit accruals must be frozen by July 1, 2021. Members will retain
     the benefits they have accrued to date, subject to the benefit reduction discussed below. Future
     benefits must be based on contributions and earnings in new defined contribution retirement
     accounts. This will result in consistent and equitable treatment across ERS, TRS, and JRS,
     where all employees will contribute to segregated DC accounts. Going forward, employees
     should have certainty that their contributions and investment returns will be safeguarded for
     the future through managing their own segregated accounts.
    Although in the early years the DB freeze savings are small (—$3 million in FY2022), overtime,
    the freeze should produce significant savings (growing to over $300 million per year by
    FY2041) which will play a significant role in restoring long-term adequate funding. The freeze
    will be implemented through the Plan of Adjustment (see Chapter 21) and is slated to take
    effect at the beginning of FY2022 so that needed changes can be implemented.
    The 2020 Fiscal Plan reflects freeze provisions that are comparable to the ERB freeze that was
    implemented in 2013, with the following key aspects:
     ■ Participants eligible to retire at the freeze date retain eligibility to retire at any time based
       on the benefit that has accrued through the freeze date. Otherwise:

         — Individuals that have yet to vest in a benefit amount will be allowed the opportunity to
           earn additional service towards vesting after the freeze; the benefit upon vesting will be
           calculated based on service as of the freeze date, with prorations of the full 10-year
           benefit based on years of service less than 10 years for judges with shorter tenures;

         — Certain judges within six months of service as of the freeze of reaching 30-year
          enhanced service benefits will be granted six months to grow into a modified enhanced
          30-year benefit;

         — Normal retirement eligibility will be delayed up to three years for those not yet eligible
           for retirement as of the freeze date;
     ■ Future Cost of Living Adjustments (COLAs) will be eliminated;
     ■ Minimum benefits and bonuses will be eliminated for future retirements;
     ■ The ability to purchase additional years of service will be eliminated; and
     ■ Future terminations due to disability will be entitled to the same benefits as regular
       terminations.

     19.2.2 8.5% pension benefit reduction
     Notwithstanding the reduction in expenditures throughout the Commonwealth's budget,
     contractual debt service remains unaffordable. Retirement plan participants, like other
     unsecured claimholders, therefore face a reduction of up to 8.5% in the amounts paid to them
     by the Commonwealth.281 A reduction in pensions (with protections for participants
     close to the poverty level) is appropriate and necessary for the Commonwealth
     to achieve long-term fiscal stability. The goal is a balanced approach to restore fiscal
     health to Puerto Rico while ensuring that cuts to retirement benefits occur in a manner that
     protects any retirees from falling into poverty. The proposed reduction, while significantly

     281 As per the terms of the Plan Support Agreement reached between the Oversight Board and Retiree Committee on June 7,
         2019. In comparison, the 2019 Fiscal Plan included a reduction that was expressed as a marginal reduction to benefits
         above a threshold that varied by position and was indexed, resulting in a 10% average reduction in monthly pension benefits
         (including medical insurance bonuses). The revised formulation is a simplified 8.5% fiat reduction to the monthly pension
         benefits (excluding medical insurance bonuses) that is limited by a single $1,200 per month threshold, below which benefits
         are not reduced.



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     smaller as a percentage reduction than those faced by other unsecured claims, including GO
     bondholder claims and General Unsecured Claims, will still represent a significant reduction
     in retirement income for many retirees. This treatment is similar to the level of reduction in
     pension benefits relative to reductions faced by other creditors that has been seen with other
     government systems facing pension funding crises.282
     Although the benefit reduction will be 8,5%, this reduction will not apply to those with
     monthly pension benefits of less than $1,200 per month and will not reduce anyone's monthly
     benefits below such level 283 Exhibit 124 illustrates the current distribution of participants by
     monthly benefit amount across the Commonwealth's retirement systems.

     EXHIBIT 124: DISTRIBUTION OF BENEFIT AMOUNTS BY RETIREMENT SYSTE1V1284
                                    ERS                               TRS                              JRS
                                    Number of       % of total        Number of       % of total       Number of       % of totai
      Monthly benefit amount        pensioners      pensioners        pensioners      pensioners       pensioners      pensioners
      Up to $1,000                        71,065          59.8%             12,1334        27 8%                 37           6.9%
      $1,000 - $1,200                      9,539           8.0%              3,932           8.6%                 8           1.5%
      $1,200 - $1,500                     12.545          10.5%              8.728         191%                  23           4.3%
      $1.500 - 52.000                     12.815          10.7%              7.648         16.7%                 34           6.4%
      $2.000 - $3,000                      9.509           8.0%             12.436         27.2%                 51           9.6%
      Over $3,000                          3,778           3.2%                322           0.7%              380           71.3%


     Under this approach, about 59% of retirees would receive no reduction in their
     benefits and no retiree will experience a benefit reduction of more than 8.5%
     (Exhibit x25).
     This formula will also apply to benefits earned by current employees who have yet to retire.
     EXHIBIT 125: DISTRIBUTION OF BENEFIT REDUCTION
             Distribution of benefit reduction for 2020 Fiscal Plan entities, °AD of retirees




                          8.5% reduction
                                             36%




                    Reduction of less than 8.5%



     282 For example, in Detroit and Rhode Island, pension cuts ranged from 0-30% across beneficiary categories
     283 The reduction formula is determined as follows:
         • Calculate the average monthly pension by adding the regular monthly pension amount, the special law pension, and 1/12
            of the Christmas, Summer, and Medicine Bonus payments
         - Reduce these monthly benefits by 8.5%
         • Reductions are limited such that the total benefit level (as defined above) is not reduced below $1,200 per month
     284 Based on preliminary information provided by the retirement systems as of July 1, 2019 for participants in payment status as
         of that date. Information has not been reconciled with prior system and actuarial data.


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    The 2020 Fiscal Plan assumes that this 8.5% reduction shall take effect on January 1, 2022.

     19.2.3 Covering more government workers in Social Security
     Currently, teachers and judges do not participate in Social Security. They do not pay into the
     program, nor does the Government make a Social Security contribution on their behalf. Unlike
     ERS members, teachers and judges are entirely reliant on their government pensions for
     income in retirement. This places them at risk given that government retirement plans are
     poorly funded. Effective January 1, 2020, police officers, who were similarly situated
     previously, began actively participating in Social Security.
    These groups are exempt from Social Security because of the "Section 218" agreement between
    the Commonwealth and the Social Security Administration, which stipulates that certain
    government employees have wages that are includable for Social Security and subject to FICA
    taxes while others may be exempt from Social Security if they participate in a "qualified
    replacement plan." Section 218 of the Social Security law provides guidance as to what
    constitutes a "qualified retirement plan," such as a defined benefit plan with a minimum
    benefit level or a defined contribution plan in which total employee and employer
    contributions equal to at least 7.5% of employee wages. Teachers and judges are both in job
    classifications that, under the Section 218 agreement, are exempted if such a "qualified
    replacement plan" exists. Under the current TRS and JRS retirement plans, this requirement
    is met and, therefore, such employees are exempted from Social Security.
     Covering these workers under Social Security will provide them with diversified sources of
     income in retirement, and Social Security's progressive benefit formula will provide a stronger
     safety net for lower-paid employees. Workers will typically earn greater retirement benefits
     under Social Security, based on a 6.2% employee contribution and a 6.2% employer
     (government) match, than they would in a DC plan funded only with a 6.2% contribution. For
     example, a typical full-career government employee retiring with a salary of $35,000 will be
     entitled to a Social Security benefit of approximately $16,000, in addition to the benefit the
     employee builds in their defined contribution retirement account.
    Social Security retirement benefits are only provided for those who have ten years of covered
    earnings. Therefore, it would not be worthwhile for older workers, who may not meet the ten-
    year threshold and do not have other employment in which they were covered by Social
    Security, to be covered under Social Security. For this reason, only teachers and judges under
    the age of 45 shall be covered under Social Security. This can be accomplished without either
    an employee referendum or new federal legislation by freezing the TRS and JRS plans and
    reducing the defined contributions for current teachers and judges under the age of 45 and all
    future teachers and judges hired to an amount lower than the 7.5% required by Section 218.
    This step will trigger mandatory enrollment in Social Security. Concurrently, lowering the
    employee defined contribution for younger workers will address the loss of take-home pay
    they would suffer by having to contribute the 6.2% Social Security payroll tax. This approach
    is consistent with the approach used to implement Social Security participation for police
    officers in FY2020.
    The 2020 Fiscal Plan includes the enrollment of teachers and judges under the age of 45 in
    Social Security as of July 1, 2021, coincident with the plan freeze discussed in Section 19.2.1
    above. At a further date, the Commonwealth may wish to take the necessary steps to provide
    the option for teachers and judges over the age of 45 to be covered under Social Security.

     19.2.4 System 2000 settlement

     Following the agreement with AFSCME documented in the AFSCME Plan Support Agreement,
     the Plan of Adjustment (see Chapter 21) includes specific treatment for certain ERS plan



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     participants known as System 2000 members. These are generally ERS members hired on or
     after January 1, 2o00.
     Beginning for employees that joined ERS on or after January 1, 2000, participants were
     enrolled in a hybrid cash balance plan design. The hybrid account balances were credited with
     the employee contributions made to the plan and interest that was connected to the overall
     ERS trust return. As a result of Act 106-2017, these accounts were frozen as of June 3o, 2017
     and no longer were credited with either employee contributions or interest.
     For participants who have not yet retired, providing access to a market interest return can help
     the participant in achieving greater retirement benefits from these historical contributions. In
     lieu of receiving a future benefit from ERS, System 2000 participants will receive the value of
     their contributions and any interest accrued under the terms of the plan through the
     Commonwealth (approximately $1.5 billion) petition date as a deposit into their Act 106-2017
     accounts.
     For ERS participants hired prior to January 1, 2000, benefits payable under Act 1 and Act 447
     were frozen as of June 30, 2013 by Act 3-2013. As a result, from July 1, 2013 through June 3o,
     2017, these employees also accrued a hybrid account from employee contributions and interest
     associated with ERS trust returns. These benefits are annuitized and paid out along with the
     benefits calculated under Act 1 / Act 447. As this portion of the benefit is largely based on
     employee contributions, the benefit reduction described in Section 19.2.2 will not be applied
     to the annuitized value of these hybrid accounts.

     19.2.5 Other Plan ofAdjustment provisions
    The Plan of Adjustment (see Chapter 21) provides that an independent pension reserve trust
    will be established and funded to ensure that future PayGo benefits can be paid regardless of
    the future economic or political situation in the Commonwealth. Funding for the pension
    reserve trust is to be provided according to a formula based on the Commonwealth's annual
    surpluses.285
     In order to ensure that retirees may benefit from the Commonwealth's outperformance of
     Fiscal Plan financial projections, the Plan of Adjustment also contemplates a mechanism
     whereby retirees subject to the aforementioned reduction in monthly pension benefits may
     see that reduction partially, or even fully, restored in cases where the Commonwealth
     materially exceeds the financial projections in the Fiscal Plan that is certified by the Oversight
     Board and is in effect as of the Effective Date of the Plan of Adjustment.286
     Due to the contingent nature of these provisions, neither are included in the 2020 Fiscal Plan
     projections. For additional detail on these and all other Plan of Adjustment provisions, please
     refer to the published Plan of Adjustment, available on the Oversight Board website, as the
     authoritative source for information.287


     19.3 Implementation and enforcement of pensions measures
    Advance work will be necessary to prepare the systems for the JRS / TRS freeze and pensions
    reductions, as well as to ensure proper communications with all Puerto Rican pension
    recipients. The May 2019 Certified Fiscal Plan assumed the full implementation of pension

     285 Please refer to Article [XV — Governance and Provisions Regarding Pension Reserve in the February 28, 2020 Amended
         Plan of Adjustment for additional detail.
     286 Please refer to the definition of 'Benefit Restoration' and Article XL111 - Provision For Treatment Of Active And Retired
         Employee Retirement Benefit Claims (Class 39A Through 39E) in the February 28, 2020 Amended Plan of Adjustment for
         additional detail.
     287 The Plan of Adjustment is available at https://drive.google.comifilek1/1DKAXIMA:IDUvya_UzGjEhyHTAuiuqcfNview


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     reform measures by July 1, 2020. Given implementation delays, the 2020 Fiscal Plan assumes
     that full implementation of pension reform measures will not occur until January 1, 2022.

     19.3.1 Defined Contribution plan implementation
     Effective July 1, 2017, Act 106-2017 was passed to commence the process of reforming the
     pension systems after years of mismanagement. Since then, the Oversight Board has been
     actively encouraging the Government to take further steps to reform the pension system.
    Act io6 required implementation of a Defined Contribution plan that would cover all ERS
    participants and certain TRS participants (those hired on or after August 1, 2014). It also
    created the Retirement Board, which is charged with overseeing the implementation of these
    defined contribution accounts. The Defined Contribution plan comprises of individual
    retirement accounts funded with contributions that are automatically withheld from each
    employee's paycheck. The Defined Contribution plan impacts —104,000 active government
    employees and provides not only a mechanism for employees to easily save for their
    retirement, but also an opportunity to grow these retirement savings based on either default
    or individually-selected investment options.
     Shortly after Act io6 was enacted, the Oversight Board issued letters and statements that
     emphasized the need for quick and effective implementation of the Defined Contribution plan.
     However, implementation of the Defined Contribution plan has taken far longer than
     expected, due to both the disruptions caused by the natural disasters and the extensive
     administrative delays by the Retirement Board. Litigation over the failure to implement or
     develop the Defined Contribution plan began to unfold, led in many respects by significant
     unions such as AFSCME and AMPR. This litigation eventually led to AAFAF pledging that
     Defined Contribution plan accounts would open no later than 2019. Yet, nearly three years
     after enacting Act 106, implementation of the Defined Contribution plan remains incomplete.
    The Oversight Board has repeatedly been advised by the Government that Defined
    Contribution accounts would be fully implemented in short order, with the balances
    transferred to the management of individual employees. Though this has still yet to come to
    fruition, the Oversight Board had recently been given assurances that phase 2 of
    implementation, including the funding of individual accounts invested at the participant's
    direction, would be completed by the end of FY 2020. However, in light of the COVID-19
    pandemic, the Oversight Board has subsequently been notified that further delays are now
    possible.
     Section 201(b)(1) of PROMESA requires the fiscal plan to provide a method to achieve fiscal
     responsibility. This includes the responsibility of ensuring that the retirement programs that
     the Commonwealth provides to its employees are sufficient to provide adequate retirement
     income and minimize the economic dependence of these employees on the Commonwealth in
     the future. This is further emphasized by Section 201(b)(1)(C) which requires adequate
     funding for public pension systems.
    PROMESA Section 201(b)(1)(A)(i) requires that fiscal plans be based on applicable laws. Act
    106-2017, which outlines the objectives and provisions for these new Defined Contribution
    accounts, specifies in Section 4.2(t) that the Defined Contribution plan should follow the rules
    under the Employee Retirement Income Security Act of 1974 ("ERISA"), which contains
    standards regarding the rights of Participants and the responsibilities of administrators.288
    ERISA defines various fiduciary responsibilities, including Section 404(a) of ERISA which
    defines standards for a "Prudent man standard of care". As further defined in Subsection

     288 Act 106-2017 Section 4.2(f) states: To establish, implement, and oversee the best practices related to discretion, loyalty,
         diligence, and the rules applicable to the New Defined Contribution Plan regarding the operation thereof, the rights of
         Participants, the responsibilities of administrators, fiduciary duties, and any other rules applicable under the "Employee
         Retirement Income Security Act," Public Law 93-406, of September 2, 1974, or any other pertinent or similar statute.'


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     (a)(1)(B), ERISA requires plan fiduciaries, including plans sponsors, to act "with the care, skill,
     prudence, and diligence under the circumstances then prevailing that a prudent man acting in
     a like capacity and familiar with such matters would use in the conduct of an enterprise of a
     like character and with like aims."
     It has been almost three years since Act 106-2017 introduced Defined Contribution accounts
     for most Commonwealth employees. In the meantime, employee contributions to the Defined
     Contribution accounts are being held in a temporary trust with only nominal interest accruals.
     Only by full funding of individual accounts will the participants have access to the market
     returns implicitly promised by the Government. The Oversight Board feels that the failed
     timely implementation of the individual DC accounts is not compliant with fiduciary
     responsibilities under ERISA.
     Current and future public sector workers need to have confidence that the funds being invested
     toward their retirement are being treated with the appropriate level of care and afforded the
     opportunity to grow over time. It is precisely because the Government has no financial
     obligation for these retirement benefits, that the Government must honor its fiduciary
     obligation for implementing the Act 106 plan and transferring employee contribution in a
     timely manner.
     During this implementation delay, the Oversight Board has repeatedly identified instances
     where the Government has failed to ensure employee withholdings are transferred
     immediately to the temporary trust where account balances are being held.
     ■ On April 30, 2019 the Oversight Board notified the Commonwealth that it had identified
       agencies that had withheld employee contributions intended for participant DC accounts
       but had failed to transfer these dollars to the Retirement System. The total Individual
       Contribution debts included $2.6 million on behalf of public corporations and $7 million
       on behalf of municipalities. The Oversight Board referred these matters to Commonwealth
       and federal authorities, and all outstanding balances have since been collected.
     ■ On February 21, 2020, the Oversight Board once again outlined Individual Contribution
       debt owed by various agencies. Approximately $20 million was identified that was owed
       for Individual Contributions made to the DB plan (prior to July 1, 2017) and an additional
       $2 million in contributions intended for participant DC accounts. Though the Oversight
       Board once again referred matters to the Department of Justice, there remains $20 million
       outstanding due to public corporations' lack of liquidity. These debts and the liquidity
       position of public corporations continue to be monitored, and the Oversight Board will
       continue taking necessary action to ensure that accumulation of additional debt for
       Individual Contributions is avoided.
    The Oversight Board urges the Government of Puerto Rico to instruct agencies, municipalities,
    public corporations, and those entities that manage government payroll to deduct and
    immediately address the transfer of these individual contributions. A failure to honor this
    fiduciary obligation increases the risk of insufficiency in retirement income, the potential
    futility of the benefit offering, and the diminishing viability of employment in the public sector.
    The Oversight Board has been actively monitoring the progress of the Retirement Board in
    completing the implementation. While the primary focus has been on the timing of
    implementation, other issues have arisen that the Oversight Board has addressed. A list of
    letters (including the two concerning employee withholdings) from the past year related to
    Defined Contribution Plan implementation is contained in Exhibit 126.




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     EXHIBIT 126: SUMMARY OF LETTERS SENT BY THE OVERSIGHT BOARD REGARDING
     DC IMPLEMENTATION

      Letter                        Description                                       Date
      Individual Contributions      Oversight Board highlights the lack of            April 30, 2019
      Withholdings                  compliance with Act 106 regarding individual
                                    contributions withholdings on behalf of
                                    Government

      Act 106— Default Investment   Pursuant Section 205 of PROMESA,                  January 11, 2020
      Option                        Oversight Board provides recommendation to
                                    Government on legislative intervention to
                                    amend Act 106 in order to define the default
                                    investment option as a target date life-cycle
                                    fund, rather than a principal preservation fund

      Individual Contributions      Oversight Board highlights the continued lack     February 21, 2020
      Withholdings                  of compliance with Act 106 regarding
                                    individual contributions withholdings on behalf
                                    of Government

      DC Implementation Delay       Oversight Board expresses concern with            February 27, 2020
      Contributions Withholdings    constant changes and delay in due dates

      Act 106 Policy                Response to Government declining                  April 27, 2020
                                    recommendations in Section 205 letter
                                    previously sent on behalf of Oversight Board
                                    regarding DC implementation delay


    Once the transition to the Defined Contribution plans is complete, employees will depend on
    the ability of these accounts to produce retirement income. To this end, the Oversight Board
    believes that the default investment option offered by the Defined Contribution Plan should
    encourage participants to adequately invest their accounts to generate retirement stability.
    The current default option of the principal preservation fund is inadequate for this task, and
    as such the Oversight Board feels it is important to change the default investment option to
    the target date life-cycle fund. This vehicle produces significantly higher long term returns by
    providing access to higher returning investments during the period of participants' lives when
    they are better able to handle the risk. While the Government has declined to take the Board's
    suggestion on this matter, the Oversight Board remains committed to promoting this change
    since the default option of a principal preservation fund, as currently provided under Act 106,
    is inadequate for retirement readiness.
    The Oversight Board believes that the use of a principal protection fund as the default
    investment option is not compliant with fiduciary responsibilities under ERISA. The use of
    target date funds as an investment option, however, is largely supported by similar plans in
    both the private sector and is consistent with the investment vehicles used by many other
    governments.
    PROMESA Section 201(b)(1)(F) requires the fiscal plan to improve fiscal governance,
    accountability, and internal controls. As part of proper governance and accountability, the
    fiscal plan requires the government to correct the fiduciary responsibility failure and correct
    the default payment option to a more appropriate option of a target date fund. While the
    principal protection fund was established as the default investment option by the same Act
    106-2017 and perhaps seemed prudent at the time for existing Commonwealth employees and
    particularly participants close to retirement, data from the Retirement Board has since shown
    that over 8o% of Commonwealth employees have maintained the default investment option.
    The Oversight Board feels that it is irresponsible to lead the younger plan participants to have
    their investments default to an investment option for their entire career that is meant for older


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     workers. Therefore, the Oversight Board believes that it is necessary to change the default
     investment option to target date funds which will automatically steer younger workers to
     invest in funds consistent with their extended retirement horizon and will automatically shift
     older workers to funds that are closer to retirement to the principle protection fund currently
     defined for all members.
    As part of meeting its fiduciary responsibility, in selecting which target date funds to offer, the
    Commonwealth should select funds that have a demonstrated track record of appropriate
    management and achieving returns that are justified by their fees. This will provide
    Commonwealth employees with the tools they need to be adequately prepared for retirement.

     19.3.2 PayGo Compliance
     In addition to establishing the Defined Contribution Plan, the passage of Act 106-2017
     established the Pay-as-you-Go ("PayGo") system. The PayGo system, under which pension
     benefits are paid out of the annual Commonwealth budget rather than via amounts previously
     set aside into pension trust funds, was implemented to ensure the continued payment of
     benefits to retirees given that the ERS, TRS, and JRS trust funds were effectively insolvent.
     Currently, PayGo obligations represent approximately 26% of General Fund expenditures.
    Section 2.1(b) of Act 106-2017 establishes a PayGo Fee that is "equal to the amount paid to
    Retirees and Beneficiaries of each covered entity." The responsibility for entities to pay this
    Fee and the authority of the Office of Management and Budget to collect the fee is further
    outlined in the legislation. Section 2.1(f) authorizes the Office of Management and Budget to
    "withhold from the appropriations made to the agencies of the Government of Puerto Rico,
    the necessary amounts for the payment of the Pay-Go Fee, if it determines that such
    withholding is necessary to ensure that covered entities fulfill their obligation." Section 3.5(2)
    further subjects any entity who fails to remit the Fee to a series of corrective actions, including
    the following items all to be requested by the Retirement Board in writing:
     ■ The immediate transfer of the Pay-Go fee or delinquent contribution
     ■ The Secretary of Treasury to make adjustments to the "accounts, obligations, and advances
       that the Department of Treasury must remit to the delinquent employer"
     ■ That the Municipal Revenue Collection Center, "CRIM", remits the Pay-Go fee or
       delinquent contribution of the "unencumbered balance of the property tax and other
       revenues that the Municipalities are entitled to receive."
     ■ The Office of Management and Budget may withhold any form of appropriations to
       agencies necessary to meet the Pay-Go Fee obligation
    The Oversight Board continuously monitors the status of entity compliance with paying the
    Pay-Go Fee. Exhibit 127 demonstrates the significant level of PayGo debt owed by
    Commonwealth Government Entities and Municipalities as of May 15, 2020.




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     EXHIBIT 127: CURRENT PAYGO                                      DEBT         FOR          MUNICIPALITIES                AND         PUBLIC
     CORPORATIONS ($M)


      Entity type
       .          _
                                          F(2018 debt                       1 Y2019 debt                 FY2020 debt I                        Total
      M    unicipality                                132                                132                                                   214


      Commonwealth                                     49                                30                            44                      123
      government entities

      Total                                           1111                              112                            44                      237


           .0 *re, .wreere wqrivfti iewes.sine weacedwei crsiclolercwe ■ wcar);:= IftWelm't Sre..X.C'ee'Os
       r :7-                                                                                                 • 4:1:   nor urremwtot rearrriere /al me.




    There has been an effort to have delinquent agencies enter into payment plans to resolve
    historic PayGo debt. As of May 15, 2020, twenty-seven municipalities and public corporations
    have entered into repayment plans, with seven other active negotiations ongoing. Signed
    payment plans account for -- $48 million of the $337 million in outstanding debt.
    The Oversight Board has further discussed with AAFAF possible remedies to further reduce
    the outstanding debt. AAFAF has the authority under Section 8(e) of Act 2 — 2017 to appoint
    a representative to oversee compliance with the execution of the Fiscal Plan, including
    compliance with the requirement that future and historic PayGo Fees be remitted in a timely
    fashion. Further, Section 8(b)(iv) of Act 2 — 2017 permits that when reports indicate an entity's
    cash flows are not consistent with the certified Budget, AAFAF may "direct and perform
    banking transactions on behalf of the appropriate entities of the Government of Puerto Rico
    to make debt service payments, among others." The Oversight Board and AAFAF have
    discussed actions including, but not limited to, withholding general fund revenues and/or
    debiting existing cash accounts to satisfy PayGo Fee debt.
     Proper long-term health of the PayGo system requires constant compliance with and
     monitoring of the PayGo Fees as set forth in Act 106-2017. Failure to ensure these payments
     continue to be made would threaten the ability of the General Fund to sustain pension
     payments in the long-term and ultimately harm the welfare of Commonwealth retirees.

     19.3.3 Soda/ Security Working Group
    The Oversight Board reached out to the Government on February 27, 2020 to convene an
    interagency working group (the "Social Security Working Group") to oversee the
    implementation of Social Security for teachers and judges. The expansion of access to Social
    Security for public workers has been a goal since the 2017 Fiscal Plan, and the Social Security
    Working Group has been created to prevent additional delays in ensuring that public
    employees are eligible for this benefit, particularly in light of past delays and challenges
    experienced as part of the implementation process.
     On July 19, 2019, the Governor enacted legislation (Act 71-2019) to allow for the participation
     of police officers in Social Security. Multiple Fiscal Plans, including the 2019 Fiscal Plan, called
     for police officers to have access to Social Security no later than July 1, 2019. To provide
     adequate funding, the certified Commonwealth budgets also provided the appropriations
     needed for the Police Bureau to fund their Social Security contributions. Nevertheless, the
     implementation of Social Security for police was delayed by six months to January 1, 2020.
     The Social Security Working Group will be addressing the lessons learned from the
     implementation of Social Security for police officers, payroll implementation, and optional
     participation election with the participation of members selected by the Government from

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    AAFAF, the Department of Education, the Retirement Board, the Department of the Treasury,
    and the Office of Court Administration, as well as representation from the teachers' union.
    The Working Group has begun meeting, developing timelines, and assigning the tasks
    necessary to meet this goal, including educational materials for all teachers and judges. In
    connection with this, and at the Oversight Board's recommendation, the Social Security
    Working Group is also participating in implementation discussions related to the Defined
    Contribution plan so that all retirement related withholdings are coordinated. This is
    important in particular for police whose minimum Defined Contribution requirements have
    been reduced to 2.3%, with an additional 6.2% being withheld for Social Security FICA
    purposes. Based on the terms of their Section 218 agreement, police that want to maintain
    their eligibility for Social Security coverage cannot be allowed to contribute more than the 7.5%
    bar for a qualified replacement plan under Social Security law to their Defined Contribution
    accounts. Similar protocols will also need to be in place for teachers and judges that eventually
    are enrolled in Social Security.289

    19.3.4 Municipality PayGo and Act 29
    Act 29-2019 was passed by the Government to alleviate the municipalities from the
    responsibility for payment of their respective PayGo contributions (as established by Act io6-
    2017) and healthcare costs associated with ASES. The Oversight Board filed a complaint
    seeking to nullify the law. On April 15, 2020, the Title III Court granted the Oversight Board's
    motion for summary judgment and ruled that Act 29-2019 violated PROMESA and was
    nullified. The Title III Court delayed the effective date of its ruling through May 6, 2020, at
    the request of the Government, to give the Oversight Board and the Government an
    opportunity to discuss potential solutions for the impact of Act 29-2019 nullification. The Title
    III Court entered its order on May 7, 2020 and, as a result, Act 29-2019 is nullified and no
    longer in effect and the municipalities are expected to continue to be responsible for their
    respective PayGo and ASES contributions. A payment plan was put in place to extinguish the
    $198 million FY2o2o liability that does not affect operating budgets and enables repayment
    from incremental, unbudgeted revenues over a two-year period.

     19.3.5 Required implementation actions
    To achieve the 2020 Fiscal Plan pension reform measures, certain action items must be
    implemented according to the schedule described in Exhibit 128.




     289 https://www.irs.gov/publirs-pdf/p963.pdf


                                                    244




                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                      Desc:
                   Exhibit DRA Exhibit 235 Page 245 of 271


     EXHIBIT 128: REQUIRED IMPLEMENTATION ACTIONS FOR PENSION REFORM

      Action item                                                Target date   FY2021 budget incentive
      • Transition teachers hired after August 1, 2014 and ERS   ■ July 2020   • Provide an additional 20%
        post-2017 contributions to segregated DC accounts                         to AAFAF professional
                                                                                  services budget'


      • Implement JRS / 7RS freeze and transition to             • July 2021
        segregated DC accounts


      • Enroll teachers and judges underage 45, as wetl as       • July 2021
        new hires, in Social Security


      • Implernent8,5% pension reduction                         • January
                                                                   2022




     Chapter 20. Ensuring successful implementation and
     fiscal controls
    As discussed in Chapter 14, the OCFO has broad responsibility for improving fiscal
     management as outlined in the 2020 Fiscal Plan. Below are specific details regarding the
     necessary implementation steps and reporting required by the 2020 Fiscal Plan.


     20.1 Implementation architecture
    Developing a centrally-run PMO is an important step toward ensuring the implementation
     and tracking of the core operational transformation and agency efficiency measures that will
     achieve savings targets under the 2020 Fiscal Plan. The ()CFO should serve as the central PMO
     with defined reporting to the Governor of all economic and transformation measures. The
     PMO should be run by OCFO senior leadership, regularly coordinate across OMB and OARTH,
     work directly and frequently with Agency PMOs, and report directly into the Governor's office.
     Individual Agency PMOs should be established with direct reporting to the ()CFO PMO. Each
     agency head shall be responsible for developing and implementing a PMO structure that best
     fits their respective agency groupings. They are expected to coordinate across all agencies in
     their grouping, lead reforms for the grouping and be responsible for achieving their agency
     grouping savings targets. Through this PMO structure, the Government will be positioned to
     effectively manage and implement the 2020 Fiscal Plan. As such:
     ■ Designated agency heads should lead the Agency PMOs and report directly to the OCFO
     ■ Agency PMOs should undertake the required work to implement initiatives
     ■ The daily activities of PMOs should be managed and undertaken by staff knowledgeable in
       the relevant subject matter areas, and assigned members meet regularly with PMO
       leadership to report on progress and facilitate necessary decision-making




                                                        245




                                                                                               DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 246 of 271


     ■ Agency PMOs shall be responsible for assembling a taskforce to: complete validation and
       definition of full scope of projects and priorities; finalize reporting tools and tracking
       responsibilities; and perform ongoing weekly tracking and reporting.
    The PMOs should ensure continued implementation progress through robust tracking and
    reporting tools that foster growth in transparency and ownership, including:
     ■ Project charters that establish the goals and structures of measures, identify risks and
        obstacles, and establish metrics and KPIs
     ■ Implementation plans with detailed layouts of each activity required for accomplishing
        sub-measures, risks / mitigants for each activity, clear leaders and owners for each activity,
        and metrics and KPIs. These should include a "live" calendar of updates and status of each
        measure. If an activity goes behind schedule, the workplan will reflect that the activity is
        still in progress.
     ■ Implementation dashboard / tracker that provides a single snapshot of the entire
        transformation plan; and allows management to know the status of each initiative in a
        distinct status: Complete; In Progress; Delays; Major Issues. This tracker will allow the
        Oversight Board to monitor progress and ensure enforcement of measures and reforms.
     ■ Sub-measure dashboards that provide "zoomed in" views of a specific sub-measure,
        display progress with details / commentary on project status, include agreed upon
        milestones / dates to track progress, and provide mitigation plans
     ■ Implementation monthly reports that provide a more detailed perspective on
        progress, including several key reporting elements: a) headcount by regular and transitory
        with more details in specific agency cases, b) budget to actuals by cost category and
        concept, c) milestones progress, d) KPIs/leading indicators, e) achieved savings to date.
        These reports provide important codification of progress as well as context for monthly
        meetings where agencies, OCFO and Oversight Board representatives can hold meaningful
        discussions on progress, items at risk and ongoing mitigating activities


     20.2    Oversight Board and OCFO implementation
             collaboration
    The Oversight Board has played, and will continue to play, an active role in overseeing all
    aspects of Fiscal Plan implementation. The OCFO must provide the Oversight Board and its
    staff the information needed to effectively track the status of key initiatives included in the
    2020 Fiscal Plan, which is necessary to measure overall progress against the fiscal and budget
    objectives outlined therein.
     For example, the ()CFO will provide Oversight Board staff with key management artifacts on
     a timely basis, including:
     ■ Implementation plans submitted by individual PMOs
     ■ Progress reviews (including milestones and metrics) against key structural and
       fiscal measures
     ■ Reviews of key implementation risks, including assessments of the likelihood of
       realization, potential impact, and potential mitigations
     ■ Monthly progress reports submitted by individual PMOs




                                                   246




                                                                                          DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                 Desc:
                   Exhibit DRA Exhibit 235 Page 247 of 271


     20.3 Reporting on Fiscal Plan reforms
    The fiscal and structural reforms described in the 2020 Fiscal Plan represent a
    significant and transformative effort across the Government. As such, there are
     strict reporting requirements needed to ensure savings and growth targets are being achieved
     on time, and to identify any major risks to reform to course correct at an early stage.
     To date, however, the Government has struggled with implementing reforms and
     reporting on this implementation in timely manner. Progress has, as a result, been
     inconsistent and incomplete, and many agencies appear unprepared to meet savings targets.
     While some progress on measures has been made, many reforms are delayed or not occurring.
     In cases where certain reforms will not occur, the Government must achieve these savings
     through other means.
    The Government shall produce monthly performance reports, which shall be
     submitted to the Oversight Board on the 15th of each month, demonstrating the progress made
     on all key reform areas. Agency efficiency savings that have been realized should be broken
     down by grouping and agency across payroll and non-payroll savings (as well as on an object
     level where needed) and display the performance of the realized agency efficiency savings for
     each agency against the projections as set forth herein. Implementation reports should
     explicitly explain how budget-to-actuals reports tie to agency actions and reforms, and what
     is driving major discrepancies. Reporting shall also include detail on use of funds for
     professional services, as well as within the "englobadas" cost concept, such that these expenses
     can be appropriately managed. To date, less than 50% of agency groupings have consistently
     provided implementation reporting. The Government must improve reporting such that it and
     the Oversight Board can hold agencies accountable for achieving savings.
     If, after any fiscal quarter the projected agency efficiency savings for any grouping is not
     realized, the shortfall from that fiscal quarter will be added to the agency efficiency savings
     target for the corresponding grouping for the following quarter. As needed, the Oversight
     Board will also hold public hearings to review implementation progress. Should there be
     underperformance in agency efficiency savings for any grouping, the Oversight Board may rely
     on its powers and rights pursuant to PROMESA to take measures to enforce reductions in the
     amount of unrealized savings.


     20.4 Ensuring fiscal controls and transparency
     Consistent with Chapter 14, the OCFO must improve fiscal governance, accountability, and
     internal controls over the Government's finances and budget. To ensure that there is
     transparency into the Government's progress toward meeting its savings targets, the
     Government is expected to meet the following milestones (Exhibit 129).




                                                   247




                                                                                         DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                                                   Desc:
                   Exhibit DRA Exhibit 235 Page 248 of 271


     EXHIBIT 129: FISCAL CONTROLS AND REPORTING KEY IMPLEMENTATION
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                                                                                                             248




                                                                                                                                                                                               DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                               Desc:
                   Exhibit DRA Exhibit 235 Page 249 of 271


     In addition to meeting the above milestones, the Government must proceed according to the
     following budgetary requirements:
     ■ The Department of the Treasury will remit to: the Legislative Branch and its components,
       the Judicial Branch, the University of Puerto Rico ("UPR"), and the non-profit entities that
       receive funds from the General Fund, monthly and in advance, the budgetary allotments
       corresponding to one-twelfth (1/12) of the budget allocation provided herein for such
       entities. The one-twelfth monthly allocation to each entity (except with respect to the
       Judicial Branch) shall be subject to the two and half percent (2.5%) withholding set forth
       in the section below during the first three quarters of FY2021.
     ■ The Director of the Office of Management and Budget ("OMB") may authorize the
       encumbrance and disbursement of up to ninety-seven and a half percent (97.5%) of each
       appropriation intended for encumbrance and disbursement during the first three quarters
       of FY2021. The Director of OMB shall withhold the remaining two and a half percent
       (2.5%) of each appropriation until after the end of the third quarter of FY2021. Such
       withheld percentage of each appropriation shall only be encumbered and disbursed during
       the fourth quarter of FY2021 if (1) the first eight months of actual General Fund revenues
       reported to the Oversight Board reach the revenue forecast in the 2020 Fiscal Plan for that
       period and (2) the encumbrance and disbursement is approved first by the Oversight
       Board and then authorized by the Director of OMB. If actual General Fund revenues for
       the first eight months of the FY2021 fail to reach the revenue forecast for that period, the
       amount of the withheld percentage of each appropriation that may be encumbered and
       disbursed shall be reduced proportionally according to the negative budget variance
       between projected and actual General Fund revenues. Notwithstanding the foregoing,
       PayGo appropriations and agencies in the Department of Public Safety and in the Health
       groupings, as defined in the 2020 Fiscal Plan, shall not be subject to the two and half
       percent (2.5%) withholding requirement.
     ■ No later than 45 days after the closing of each quarter of FY2021, the Secretary of Treasury
       shall revise the projected net revenues of the General Fund for FY2021 (the "Quarterly
       Revision") and notify the revision to the Director of the OMB, the Governor and the
       Oversight Board. The Quarterly Revision shall project future revenues based on actual
       General Fund revenues and include revisions to the assumptions used to generate the
       General Fund's net revenue projections.
     ■ All appropriations authorized in any prior fiscal year, including appropriations without a
       specific fiscal year, are eliminated and no disbursement of public funds may be covered by
       such appropriations, except the following which the Oversight Board redeploys as current
       appropriations, subject to Oversight Board adjustment at any time: (1) appropriations
       authorized in the fiscal year to carry out permanent improvements that have been
       encumbered, accounted for and kept on the books; (2) appropriations in the certified
       budget for equipment with procurement cycles that extend beyond the end of the fiscal
       year, which are encumbered on or before June 30, 2021; (3) the portion of the
       appropriations authorized for fiscal year that have been encumbered on or before June 30
       of such fiscal year, which shall be kept in the books for 6o days after the termination of
       that fiscal year and after those 6o days no amount shall be drawn against such portion for
       any reason; (4) the appropriation in the amount $130 million for the emergency reserve
       included in the FY2020 certified budget and required by Section 5.2.8 in the 2020 Fiscal
       Plan (the "Emergency Reserve"); (5) the unobligated portion of the $100 million Public
       Assistance Federal Fund Matching appropriation included in the FY2020 certified budget;
       (6) the appropriation in the amount of $34 million for the UPR Scholarships Fund
       included in the FY2019 and FY2020 certified budgets, which is held under the custody of
       the Department of Treasury; (7) Unused appropriations for use in audit services held at
       the Department of Treasury; (8) FY2020 unused General Funds intended for Medicaid
       related expenditures; (9) Unused Title III funds; (10) Reported unused funds from


                                                 249




                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                 Desc:
                   Exhibit DRA Exhibit 235 Page 250 of 271


        Department of Health's Mental Disability program until the end of the following fiscal
        year; and (11) unused Special Revenue Funds collected during prior fiscal years for Ports
        Authority, Puerto Rico Convention Center District Authority and Puerto Rico Tourism
        Company. In addition, this restriction on the use of appropriations of prior fiscal years
        shall not apply to: (i) programs financed in whole or in part with federal funds; or (ii)
        orders by the United States district court with jurisdiction over all matters under Title III
        of PROMESA.
     ■ On or before July 31, 2020, the Treasury Secretary, Executive Director of the Fiscal Agency
       and Financial Advisory Authority ("AAFAF", by its Spanish acronym), and the Director of
       the OMB shall provide to the Oversight Board a certification indicating the amounts of
       unused FY2o2o appropriations for items (1), (2), (3), (4), (5) (6), (7), (8), and (9) of the
       previous section.
     ■ Each power of OMB, AAFAF or the Department of the Treasury, including the authorities
       granted under Act 230-1974, as amended, known as the "Puerto Rico Government
       Accounting Act" ("Act 23o"), to authorize the reprogramming or extension of
       appropriations of prior fiscal years is hereby suspended.
     ■ The appropriations approved in this budget may only be reprogrammed with the prior
       approval of the Oversight Board. For the avoidance of doubt, this prohibition includes any
       reprogramming of any amount, line item or expenditure provided in this budget,
       regardless of whether it is an intra-agency reprogramming. Reprogramming also known
       as reapportionments may be made into spend concepts and/or objects not explicitly listed
       in the FY2021 certified budget resolution as long as such requests are submitted to and
       approved by the Oversight Board.
     ■ The Governor shall submit to the Oversight Board all reporting requirements set forth on
       Exhibit 129 of the 2020 Fiscal Plan according to the reporting cadence described therein.
       In addition, if the Oversight Board approves a reprogramming pursuant to the section
       above, the immediately subsequent report by the Governor must illustrate the specific
       implementation of such reprogramming, including the amount, the source of the
       reprogrammed amount identified by government entity and expenditure concept, the
       government entity that received such amount, and the expenditure concept to which it was
       applied.
     ■ In addition, the Governor shall submit to the Oversight Board a comprehensive reporting
       package in a similar format to that required and provided in accordance with Section 203
       of PROMESA for the following specified programs within different agencies: (1) ASSMCA's
       Rio Piedras Hospital; (2) PRDE's Special Education; (3) DOH's Adult Hospital; (4) DOH's
       Pediatric Hospital; (5) DOH's Hospital Institutes; (6) DOH's 330 Centers Payments; and
       (7) DCR's Juvenile Program. Program reporting must include and clearly detail budget to
       aetuals on a concept level basis, any reprogramming of funds within the program, and any
       reprogramming of funds to/from other programs or agencies.
     ■ The reports required pursuant to this section are in addition to the reports that the
       Governor must submit to the Oversight Board in accordance with Section 203 of
       PROMESA.
     ■ In conjunction with the reports that the Governor must submit to the Oversight Board no
       later than 15 days after the last day of each quarter of FY2o2i pursuant to Section 203 of
       PROMESA, the Treasury Secretary, Executive Director of AAFAF and the Director of the
       OMB shall each certify to the Oversight Board: (1) that no appropriation of any previous
       fiscal year (except for the appropriations covered by the exceptions in the sections above)
       have been used to cover any expense; and (2) the Director of the OMB shall certify to the
       Oversight Board that no amount of (i) the Emergency Reserve and (ii) the unallocated



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        capital expenditures under the custody of OMB has been obligated unless authorized in
        accordance with the section below.
     ■ The Emergency Reserve, the unallocated capital expenditures, and the economic incentive
       fund under the custody accounts of OMB and the Department of Treasury, respectively, as
       detailed in the certified budget for FY2o2o and FY2o2i may not be used to cover any
       allocation or expense whatsoever without the approval of the Oversight Board. The
       economic incentive funds held under the custody of the Department of Treasury will be
       released on a quarterly basis after a formal reapportionment is submitted by the
       Department of Economic Development (DDEC), reviewed and approved by OMB, and
       submitted to the Oversight Board for review, and the Oversight Board provides its
       authorization to release such funding. Exceptions to the economic incentive fund release
       may apply upon meeting all of the specified criteria listed on the Milestones and Incentives
       Appendix.
     ■ As a rule, necessary for the responsible disbursement of budgetary allocations for
       operating and other expenses, OMB shall withhold from any of the allocations to the
       agencies of the Executive Branch the amounts necessary to pay for the pay-go contribution,
       unemployment insurance, or taxes withheld from their employees, when OMB determines
       that such a withholding is necessary to ensure compliance with these obligations by the
       agencies concerned. Any such amounts withheld by OMB shall solely be reprogrammed to
       pay the corresponding outstanding obligations related to PayGo contributions,
       unemployment insurance, or taxes withheld from employees.
     ■ Additional General Funds may be made available to agencies upon reaching certain,
       specified milestones and after the approval and authorization from the Oversight Board.
       For FY21, see the Milestones and Incentives Appendix for allowable milestones /
       incentives and corresponding agencies. Once the respective milestones are achieved,
       agencies must provide a formal notice and submit supporting data corroborating such
       achievement for the Oversight Board's review.
     ■ OMB and the Department of the Treasury are authorized to establish the necessary
       mechanisms to ensure that when implementing the concept of mobility, pursuant to the
       provisions of Law 8-2017, as amended, known as the "Puerto Rico Human Resources
       Management and Transformation in the Government Act," the corresponding transfer of
       funds allocated to payroll and related costs of said employee are to be carried out
       simultaneously.
     ■ The Secretary of Treasury, the Director of the OMB, and the Treasurer and Executive
       Director of each agency or public corporation covered by the 2020 Fiscal Plan shall be
       responsible for not spending or encumbering during FY2021 any amount that exceeds the
       appropriations authorized for FY2o21. This prohibition applies to every appropriation set
       forth in a budget certified by the Oversight Board, including appropriations for payroll and
       related costs. The Executive Director of AAFAF and the Director of the OMB shall also
       certify to the Oversight Board by September 30, 2020 that no amount was spent or
       encumbered that exceeded the appropriations in the certified budget for FY2020.
     ■ For the avoidance of doubt, any reference within the budget to AAFAF, the Department of
       Treasury, or OMB, or any of their respective officers, shall apply to any successor thereof.
     ■ On or before July 31, 2020, the Governor shall provide to the Oversight Board budget
       projections of General Fund revenues and expenditures for each quarter of FY2021, which
       must be consistent with the corresponding budget certified by the Oversight Board (the
       "Quarterly Budget"). The Quarterly Budget shall be provided to the Oversight Board in
       Excel format and include detailed allocations by agency, public corporation, fund type and
       concept of spend. Together with the report that the Governor must provide under Section
       203 of PROMESA not later than 15 days after the last day of each quarter, the Governor


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        shall provide a quarterly variance analysis that is consistent with modified accrual
        accounting.
     ■ If during the fiscal year the government fails to comply with the liquidity and budgetary
       savings measures required by this 2020 Fiscal Plan, the Oversight Board may take all
       necessary corrective action, including the measures provided in PROMESA Sections 203
       and 204.
     ■ In order to ensure agencies remain compliant with the 2020 Fiscal Plan, the Oversight
       Board has enacted a policy that includes reviewing contracts of $10 million or more. The
       objective of these reviews is, among other things, to determine the extent to which the
       contracts are in compliance with the applicable fiscal plan(s). The Oversight Board
       encourages the use of additional object level professional service fee categories in order to
       support more transparency of how professional fees are spent. The Oversight Board is
       authorized to require review of contracts less than $10 million to ensure compliance with
       the applicable fiscal plan(s).
    The above implementation and fiscal controls requirements are important to ensuring the
    Government can make meaningful progress towards achieving the goals of the 2020 Fiscal
    Plan.



     Chapter 21. Plan of Adjustment
     On February 28, 2020, the Oversight Board filed an amended Plan of Adjustment for the
     Commonwealth, ERS, and PBA that proposed a comprehensive settlement between the
     Commonwealth and its creditors. This represented a significant advance in the ongoing efforts
     of Puerto Rico to exit bankruptcy, regain access to the capital markets, and begin the process
     of achieving a true economic recovery. In total, the Plan of Adjustment sought to achieve a
     nearly 7096 reduction in the Commonwealth's total liabilities, a reduction in annual debt
     service to sustainable and affordable levels, and a substantial and reliable restoration of
     pensions. This plan followed extensive negotiations between the Oversight Board,
     Government, and various stakeholder groups, and sought to return the Commonwealth to a
     sustainable fiscal position, provide meaningful recoveries to creditors, and allow for the
     continued operation of Government services.
     In light of the COVID-19 pandemic, the Oversight Board announced on March 21, 2020 that
     it would be seeking a motion to adjourn court proceedings on the Plan of Adjustment until
     further notice. Such action was taken so as to allow for the Government and Oversight Board
     to prioritize the health and safety of the people of Puerto Rico during this challenging time,
     and to better understand the economic and fiscal impact of the pandemic. The Oversight Board
     will continue to work collaboratively with the Government to find reasonable and meaningful
     financial and policy solutions that ensure the safety and well-being of the Island, while also
     still preserving prudent and sound fiscal policy.
     Despite the adjournment in court proceedings, the Oversight Board remains committed to
     facilitating Puerto Rico's emergence from bankruptcy, while also recognizing the new realities
     facing the Island. It is a fact that certain Plan of Adjustment provisions, if enacted, would
     impact the primary annual surplus/deficit of the Commonwealth. The 2020 Fiscal Plan
     therefore incorporates all such provisions (detailed below) on the terms published in the
     February 28, 2020 Plan of Adjustment (as adjusted for the delay in any confirmation timing):




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     ■ Reduction in monthly pension benefits. The Plan of Adjustment requires an 8.5%
       reduction in monthly payments to retirees earning over $1,200 per month.290
     ■ Freeze in the accrual of benefits for JRS/TRS participants. Together with the
       transition of JRS and TRS participants to defined contribution pension plans, the Plan of
       Adjustment requires a freeze in the accrual of benefits earned under the pre-existing
       defined benefit pension plans of each group. In connection with this freeze, the
       Commonwealth shall also take the necessary steps to enroll JRS and TRS members under
       the age of 45 in Social Security.
     ■ Increase in employer healthcare contribution. Commonwealth employees who are
       AFSCME union members shall see an increase in healthcare contributions provided by the
       Commonwealth from $125 to $170 per employee per month.
     ■ Elimination of PayGo contributions to System 2000 participants. In exchange
       for an upfront payment of -$1.5 billion related to the restoration of historical plan
       contributions, System 2000 participants shall no longer receive pension or other system-
       administered benefits from the Commonwealth.
     For additional detail on all Plan of Adjustment provisions, please refer to the published Plan
     of Adjustment, available on the Oversight Board website, as the authoritative source for
     information.




     29° For such participants, the 8.5% reduction shall apply to the full amount of monthly pension benefits; however, the measure
          shall not reduce any participants monthly pension benefits to less than $1,200 per month. Additionally, if this formula returns
          a larger cut than 25% of the difference between the unadjusted monthly pension benefit and $1,000 per month ($600 if
          receiving Social Security), then the lesser of the two reduction formulations shall apply.


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     PART VI. Conclusion
    The 2020 Fiscal Plan is the result of three years of intensive work sessions,
    dialogue, stakeholder engagement, and experience working to establish the
    conditions for economic recovery and growth for the benefit of residents of
    Puerto Rico. Across these activities, the Oversight Board and the Government collaborated
     to create a deep and rich fact base to underpin their work and remained focused on creating
     an integrated approach to restoring fiscal sustainability and economic opportunity for future
     generations of Puerto Ricans. The starting point for this Fiscal Plan involved numerous
     structural inhibitors to growth, over $120 billion in outstanding debt and unfunded pension
     obligations, and the devastating impact from a historically-destructive set of natural disasters.
    Yet in the aftermath of hurricanes, earthquakes, and the COVID-19 pandemic,
    and given the depth and breadth of the economic and health crisis faced by the
    residents of the Island, as well as the federal support mechanisms being made
    available, Puerto Rico now has a unique opportunity to take control of its future
    destiny through implementation of broad-based structural economic reforms.
     First priority must be implementation of the transformational structural
     reforms that will change the nature of Puerto Rico's economic development
     trajectory and provide the residents of the Island with a better and more
     prosperous future. Disaster recovery-related spending will provide economic buoyancy in
     the coming years. However, the failure to pass comprehensive private sector labor market
     reform that Puerto Rico requires means that timely and robust implementation of the
     remaining structural reforms, such as ease of doing business reforms, is even more important
     to achieve meaningful economic growth. Without sustained dedication to implementing the
     2020 Fiscal Plan, and the ambition to pursue additional structural reforms in the future, the
     challenges that have held back the economy will not be addressed, and the Government will
     have lost its window to restore long-term opportunity to the people of Puerto Rico.
     Importantly, future opportunities available to the people of Puerto Rico will depend on the
     level of implementation of the structural reforms required by the 2020 Fiscal Plan, and
     additional growth-inducing structural incremental reforms that the Government may seek to
     implement. The 2020 Fiscal Plan lays out a series of practical and proven growth-oriented
     structural reforms and investments, which, when coupled with the federal reconstruction
     funds, can ensure that the painful economic contraction caused by the pandemic is turned
     around as quickly as possible.
     Second, reorganizing the way government services are delivered, as well as
     improving their delivery and efficacy on the Island, is critical. The Government has
    successfully managed to operate within certified budgets over the past years. PROMESA and
    Title III provide a temporary stay on Puerto Rico's unsustainable debt service. Unlike many
    states and countries, Puerto Rico has not yet been forced to reduce its government spending
    in FY2020 despite the impact that COVID-19 is expected to have on revenues. Unfortunately,
    since the first Fiscal Plan certified in March 2017, the Government's implementation of
    efficiency measures, which change the way government is organized, the way it delivers
    services, and the manner in which it defines which services are prioritized, has been slow and
    incomplete. As a result, the 2020 Fiscal plan provides the Government an opportunity in
    FY2021 to invest every effort without budgetary pressures and enable the Government to focus
    squarely on governance and improving service delivery to the people and businesses of Puerto
    Rico. The Oversight Board stands ready to work in partnership with the Government to
    achieve this vital outcome.




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    Appendix

     Chapter 22. Model presentation

     22.1          Overview of entities covered by and excluded from the
                   202o Fiscal Plan

     The 2020 Fiscal Plan addresses the finances of central government agencies, component units,
     and other agencies. Agencies for which an independent Fiscal Plan is being developed have
     not been consolidated into the 2020 Fiscal Plan and are only represented to the extent they
     impact the Commonwealth (Exhibit 130, Exhibit 131, Exhibit 132). It is important to note that
     PRIDCO has been removed from the 2020 Fiscal Plan, which is a change relative to prior Fiscal
     Plans and therefore may make some numbers incomparable.

     EXHIBIT 130: MAJOR ENTITIES INCLUDED IN AND EXCLUDED FROM THE 2020 FISCAL
     PLAN

                        Major Entities included                                  1 ISA                           2. Major CUs                   3. Other
                        In the 2020 Fiscal Plan
                                                                                  Central
                                                                                  Government                      ASEM GDB1                      Roughly 45
                                                                                                                  CCPRC PRTC                     additional agencies
                                                                                                                  ASES PRfTA                     and component
                                                                                  Agencies                        Ports PBA ADEA                 units, such as Sold
                        t Central Government                                      Department of                   HTA' DDEC                      Waste Authority and
                           Entities                                               Education.                      AAFAF UPR1 HFA                 Publc Broadcasting
      included          2 Major Component Units                                   Department of                   SIFC PRCCDA                    Authority
                        3 Other Component Units                                   Health, Police, etc .
                           and agencies


                                                                                                                                                     Not Individually
                                                                                  Individually Reported — Comprises approx.                        Reported — approx
                                                                                             90% of Fiscal Plan Cash Flow                          10% of Fiscal Plan
                                                                                                                                                      Cash Flow



                        Major Entities Excluded                                   Puerto Rico Electric Power                      PR Aqueduct and Sewer
                        from the 2029 Fiscal Plan                                 Authority (PREPA)                               Authonty (PRASA)
      Exclu
                                                                                  The Children's
                                                                                                             PRIDCO               COSSEC                  Municipalities
                                                                                  Trust Fund
                                                               L
     1 CZB HTA and 4JP.4 nave htwele Arid eiart fecal plopsfromtne LtMr331 GcAnsrmowttl, HU, arsot upt; 0,0ftet Ggy1,0 fun oppropftiony
       klajv CUa nc4de She tolto wimp FFCUa: ASEAt 4SE. RITA. PPrha, PBA AMA. AAFAF . HFA %Ft PRCCOA
     hee 101.k.V.Mg FiAnce Awhonty. re.goacel ',rpm the Car) Rrhfls tffitneY it a mi. PY HLD rPr foll.010 9 WPM.   mPAY..11          are n a cvntemoimp me 20:0 f AL% Pion




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     EXHIBIT 131: LIST OF ENTITIES COVERED BY THE 2020 FISCAL PLAN

     Entities included in fiscal plan
     Agency                                                                    Agency
     Code         Agency                                                       Cade     Agency
     8            Office of the Comptroller                                    43       Puerto Rico National Guard
     10           General Court of Justice                                     45       Department of Public Safety
     11           Traffic Safety Commission                                        49   Department of Transportation and Public Works..
     14           Environmental Quality Board                                  50       Department of Natural and Environmental Resources
     15           Office of the Governor                                       55       Department of Agriculture
     16           Office of Management and Budget                              60       Citizens Advocate Office (Ombudsmen}
     18           Planning Board                                               62       Cooperative Development Commission
     21           Emergency Management and Disaster Admin Agency               65       Public Services Commission
     22           Office of the Commissioner of Insurance                      67       Department of Labor and Human Resources
     23           Department of State                                          6B       Labor Relations Board
     24           Department of the Treasury                                   69       Department of Consumer Affairs
     25           Hacienda                                                         70   State Insurance Fund Corporation (SIFC)
     28           Commonwealth Election Commission                             71       Department of Health
     29'          Federal Affairs Administration                               75       Office of the Financial Institutions Commissioner
     30           Office of Admin and Transformation of HR                     78       Department of Housing
     31           General Services Administration                                  79   Automobile Accident Compensation Admin (ACAA)
                                                                                                                       _ . .
     34           Investigation. Prosecution and Appeals Commission            81       Department of Education
     35           Industrial Tax Exemption Office                              82       Institute of Puerto Rican Culture
     37           Civil Rights Commission                                      87       Department of Sports and Recreation
     38           Department of Justice                                        89       Horse Racing Industry and Sport Administration
     40           Puerto Rico Police                                           90       Medical Services Administration IASEM)
     42           Puerto Rico Firefighter Corps                                95       Mental Health and Addiction Senates Administration
                                                                               56       Women's Advocate Office
                                                                                               —       — — —
     100          Legislative Assembly                                         165      Land Authority of Puerto Rico
     105          Industrial Commission                                        167      Company for the Integral Development of Cameras Peninsula
     106          Public Housing Administration                                168      Ports Authority
     109          School of Plastic Arts                                       177      Land Administration
     119          Dept of Economic Development and Commerce                    180      Tourism Company
     120          Veterans Advocate Office                                     184      Solid Waste Authority
     121          9-1-1 Services Governing Board                               186      Culebra Conservation and Developmenr. Authority
     122          Department of the Family                                     187      Health Insurance Administration (ASES)
     123          Families and Children Administration                         188      PR and the Canttean Cardiovascular Center Corp
     124          Child Support Administration                                 189      Institute of Forensic Sciences
                                                                                                                       ......_
     126          Vocational Rehabilitation Administration                     191.     Musical Arts and Stagecraft Corporation
     127          Admin for Socioeconomic Develop of the Family                192      Fine Arts Center Corporation
     133          Natural Resources Administration                             193      Office of Government Ethics
     137          Department of Correction and Rehabilitation                  195      Economic Development Bank
     138          Institutional Trust of the National Guard of Puerto Rico     196      Public Broadcasting Corporation
     139          Parole Board                                                 198      Farm Insurance Corporation
     141          Telecommunication's Regulatory Board                         200      Special Independent Prosecutor Panel
     152          Elderly and Retired People Advocate Office                   208      Contnbutions to Municipalities (CRIM)-
     153          Advocacy for Persons with Disabilities of the CW of PR       211      AFICA
     155          State Historic Preservation Office                           215      Conservatory of Music
     161          Infrastructure Financing Authority                           220      Correctional Health
     162          Public Buildings Authority (PUA)




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     231            Health Advocate Office                                       289       Energy Commission
     235            Housing Financing Aulhonty (HFA)                             290       Energy Affairs Office
     238            Port of the Affiances Authority                              293       Center for Research Education and Medical Services for
     241           Administration for integral Development of Childhood                    Diabetes
                                                                                 294       Bosque Models de Puerto Rico
     258            Puerto Rico Trade and Export Company
                                                                                 295       Fiscal Agency and Financial Advisory Authority (AAFAF).
     264            Martin Perm Canal ENLACE Project Corporation
                                                                                 393       Convention Center District Authority (PRCCDA)
     265            Roosevelt Roads Naval Station Redevelopment
                                                                                 329       Socio-Econornic Development Office
     268            Institute of Statistics
                                                                                 928       Government Employee Retirement System (ERS)
     272            Office of the Inspector General
                                                                                 929       Judicial Retirement System ORS)
     273            Permit Management Office
                                                                                 929       Teacher Retiremem System (IRS)
     276            Public-Private Partnership Authonty
                                                                                           Additional IElectronic1 Lottery
     271           Agricultural Enterprises Development Adrian (ALMA)
                                                                                           Maritime Shipping Authority
     278            Puerto Rico Education Council
                                                                                           Special Communities Perpetual Trust
     279            Public Service Appeals Commission
                                                                                           Traditional Lottery
     281            Office of the Electoral Comptroller
                                                                                           Unemployment Insurance Fund
     285            Puerto Rico Integrated Transport Authority (PRWA)
                                                                                           Corp for the Industries of Blind. Mentally Retarded. and Other
     286            Ponce Port Authority                                                   Disabled People of Puerto Rico
                                                                                           Puerto Rico Municipal Finance Corporation




     EXHIBIT 132: LIST OF ENTITIES EXCLUDED FROM THE 2020 FISCAL PLAN

      Entities issuing standalone fiscal plan

      • Development Bank for PR                                  • PR Electric Power Authority           ■ Public Corporation for the
      ■ Aqueduct and Sewer                                       ■ PR Highways and                         Supervision and Deposit
        Authority                                                  Transportation Authority'               Insurance of Puerto Rico
                                                                                                           Cooperatives
      • Municipal Revenues                                       • Puerto Rico Industrial
        Collection Center (GRIM)                                   Development Company                   ■ University of Puerto Rio&

      Ent,ties excluded from fiscal plan

      ■ Agency Fund (Special                                     ■ Puerto Rico Municipal                 ■ Safe Drinking Water
        Deposit Fund)                                              Finance Agency                          Treatment Revolving Loan
      • Commonwealth of Puerto                                   ■ Puerto Rico Water Pollution             Fund
        Rico Regional Center                                       Control RevoIv. Fund                  • The Children's Trust Fund
        Corporation                                              • Puerto Rico Industrial                • Tourism Development Fund
      • Public Finance                                             Development Company
        Corporation (RFC)
      • Puerto Rico Government
        investment Trust Fund

      2! (Aryl irmwml!.   Fiscal f'wo in4:446. LIM vir.al lwx1




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     Chapter 23. Macroeconomic projections

     23.1 Economic and demographic trends
     EXHIBIT 133: MACROECONOMIC TRENDS

      Macroeconornictrajectory: Total GNP, $8 Fiscal Years ending June 3O

                                                                      — Nominal GNP • Constant 1954 Dollars

      Constant 1954 Dollars                                                                       Nominal Output

      7_5                                                                                                     75
      7.0                                                                                                     70
      6.5                                                                                                     65
      6.0                                                                                                     60
      5.5                                                                                                     55
      5.0                                                                                                     50
      4.5                                                                                                     45
      4.0                                                                                                     40
      3.5                                                                                                     35
      3.0                                                                                                     30
      2.5                                                                                                     25
      2_0                                                                                                     20
      1.5                                                                                                     15
      1.0                                                                                                     10
      0.5                                                                                                     5
        0                                111111111                                                       I0
            FY07 FY08 FY09 FY10 FY11 FY12-FY13 FY14-FY15FY16FY17 FY18FY19.-FY20FY21 FY22 FY23 FY24 FY25




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     EXHIBIT 134. POPULATION TREND


      Historical and projected population, millions of people

      4.0




       2.5




                                                                                               II
       2.0


       1.5


       1.0


       0.5


        0
                 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25



     EXHIBIT 135. PER CAPITA GNP TREND

     Historical and projected GNP per capita, $ USE)


     25,000




     20,000




     15,000



     10,000




      5,000




             0
                 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY16 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25




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     Chapter 24. Financial projections

     24.1 Detailed financial projections
     EXHIBIT 136: MACROECONOMIC OVERVIEW OF PUERTO RICO, FY2020-FY2025

     Six-year financial projections pest-measures and structural reforms units as labeled. SR = structural reforms

     Line am                                                           F' 20211           Pretr2 I           Fv2Cm              FY2023            FY2024             FY2025         FY2020-25

     Population, =                                                        3,033              2,984              2,936             2.891              2,851             2.813
     Population growth rate.       •                                     (1.8%)            (1.6%)             (1.6%)             (1.5%)            (1.4%)             (1.3%)

     Real GNP growth, ' •                                                (4 0%)               0.5%             (1.5%)            (1.9%)               0.5%             (0.1%)

     Nominal GNP, `.'•1                                                 68,019             /0.920             68.025             68,557            68,273             67.670
     Nominal GNP per capita, ..'                                         22.428            22.975             23.252             23,404            24.133             24.720
     Nominal GNP per capita growth.                                      (24%)               2.4%               1.2%               0.7%              3.1%               2.4%

     Inflation, `.-                                                      (0.1%)               0.3%              1.1%               1.0%               1.1%              1.2%

     Disaster funding. '.' 1                                              4.483              4.581              5.645             5,561              5.642             5.596            31,509

     Revenues1, `ri.;                                                    21 571            21,133             20 174             19 324            19,552             19,724          121,477
     Commonwealth revenues                                               14,716            14,348             14.703             14.328            14,496             14.604            87,195
     Federal transfers                                                    6,855              6.785              5.471             4.995              5.056              5,120           34.282

     Expenditures', .r,r                                               (20,076)           (20,694)          (19.362)           (18,956)          (18.961)           (19 1143)        (117,090)
     Commonwealth-funded expenditures                                  (13.368)           (14,047)          (14,022)           (14 085)          (14.023)           (14.0135)         (83,581)
     Federally funded expenditures                                      (6.708)            (6.646)            (5,339)            (4.871)           (4,938)            (5.007)         (33.509)

     Gap/surplus, 51,4                                                    1,495                440                812                368               591                681            4,387

     Contractual debt service payments2, 5M                             (1,798)            (1,742)            (1,767)            (1,782)           (1,692)            (1,697)         (10,477)

     Net gap i surplus, '.',f                                              (303)           (1 302)              (955)           (1,414)            (1,101)            (1,016)           (6,090)

     Surplus potentially not avellabliP, 3W                                   77                83                170               168                $73                172              844

     I Reresues and expel/dares esducting gross be seinstrneres
     2 Dein service based en [repetition contra etuarefebt obligations. Presentee for iStorrstive 'nemeses only 3 does net reprairrlaxtzepated Nitre payments on rei1nretured eobt. Includes GO.
     P8x. CE0A. ?pr'a. wc. ER.S. 18110C 0. The 2020 fist& Plan does not assume any preileteimmett o Wattle of ongoing Irlgathn win respect to GO bowls
     3 Tnese burgh's anseurta are generated by Corrvisonwealib cob:sermons and the Corsenoewes NM I abaty 10 = s-saucer surplus amounts ers41017.0 at nak Winput torther1001S101,1 re Odin




                                                                                              260




                                                                                                                                                                             DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                                  Desc:
                   Exhibit DRA Exhibit 235 Page 261 of 271


     EXHIBIT 137: REVENUE BREAKDOWN

     Revenue detai post,neasures and slru aural reforms
      Meal Year 4ndeng June 30 En,                                           0Y292c             Prw212i          Fe 3,221          5172933           P t2C.14          6'42LCI           F
     General Fond Revenues:
     ladlidual Income Taxes                                                    2014                1,813             2,088            2.090              2,084            2.109              12,133
     Corpotale Income Taxes                                                    2,247               1,744             1.765            1,751              1,780            1,796              11,083
     Ron.-Residant Wthholcrings                                                  474                 979               963              535                537              539               3,238
     Ale011-3C Beverages                                                         257                 266               261              263                262              262               1,574
     Nereltes                                                                     98                  96                93                94                93               93                 568
     Motor Vehicles                                                              338                 341               339               338               342              348               2,043
     Exciseson Dtt-Shore Shipment Rum                                            213                 214               206               198               199              199                '234
     Other General Pune Revenue                                                  34E1                342               341              us                 343              347               2.051
      Subtotal                                                                 5,980               5,386             6,661            6,564              5,640            6,588              33,920
     SLIT Colections (excl. 53.65% PSTEIA, 0641$ 3 CM)                         1.776               1,917             1,892           1.854               1.869            1,874              11,177
     Act 194 7,r:Melons                                                        1,831               1,691             1.447           1,199               1.199            1,199               8,567
     PREPA Loan Repayment                                                                                                                                                     -
     General Fund Revenue 1preeneasure0                                        9,597               8.994             9,001            8,613              8,709            0.761              53,664
     Revenue (tenures                                                            232                 233               396              450                457              462               2,232
     General Fu n91 Reverue)pOrat-rne4911pear                                  9,319               9.221             9,399            9,083              9,165            9,224              55,895
     Component Unit Revenue                                                    1,381               1,192             1.305            1.304              1.318            1.331               7,807
     Additional SUT (53.65% PSTBA, F40 & CI4E1                                   126                 127               127              126                128              129                 762
     Third party ASES teverpla (rebates end raJnicinal                           270                 309               415              425                435              445               2,299
     contributions)
     Other Tax Revenues                                                        2.339               2,433             2,406            2.379              2,398            2.416              14,364
     Other Non-Tax Revenues
     SRF expense for Common w eeth Agencies                                      809               1,080             1040             1.037              1,051            1,099               9.068
     AA Revenue P01474eaSureslExcl Feder01 Transferal                         14,715             14,348            14,703          14,328             14,496            14.604               87,199
                                                                                                  ..... _ ..
     Federal Transfers lo Ce neat Government                                   4,240              4,240             4,273            4,306               4,546           4,388               25,793
     Feeersi Transfers - Medicso                                               2,496              2,367             1,037               527                946             564                7,519
     Federal Transfers lo indepen Pent Campion' Lin la                           199                   199            161               162                164             166                  971
     Revenues Post Measures                                                   21,571             25,133            20,174          19,324             19,552            19 724               124,477
     Adjustments for revenue gross up                                            727                716               705              699                  704            708                4,260
     Revenue Post rheaSU res and po at rev enuegrossup                        72298              21,850            20,879          20,023             20.256            20,432               110.730

      1 lo olu den -9411 annual -..tn-g cne - a 0, .1   roue mennurta allrtidable FRTC.




     EXHIBIT 138: SUMMARY OF BASELINE EXPENDITURES AND MEASURES

     Explegoe wad peaurnaex,rae aro 3

     F der 'espied.) June 50 3,                                                                 11-1
                                                                                                   1'4•:           - • _L.;        F - (721.7           vziurro
     EXpierael
     Germaal Feed Expendritems.
     Nest Pavel                                                               P.035)             17.54S1           (2.970;                            (3,611)           (2.579)             iT7SCI.
     Men-Fersennid Opermarg Eninnules                                         ittg7)             11,711)           (1.723)                            (1,773)           I 1.791)          (10.143)
     liuntipai ExperP*1                                                         00).               (2263             an}                                4220)              i2207           (1 sug
     Reclean Expenses                                                         (Z7J74)            (7. 337)          (2,314)                            (3,309)           (3,301            03,117.2)
     Dwain Recovery Cost Match                                                  1181)              .R13i                                                (1311             On,                (1,013)
     Rasousrumso i Tel MI Caen                                                 a 17).              (114              066)                                   Op)                                g[111
     ORR haiVecnatexi and Ottxte OF Everts.                                   0090.                                0 lira)          .(i(3
                                                                                                                                    t7  11(92
                                                                                                                                          ,7
                                                                                                                                           : 0
                                                                                                                                            :31
                                                                                                                                             13)
                                                                                                                                            :)        (LOW              (0534                0,71%
     Total General FBA Expenses incl. iniergoirtmetels)
                                                                              1."32)
                                                                                                                                    (9.043)            IS        I      mull              111.011)
     Unload - convnuntrean forged                                                (en               (i873                            d.1.5)                               time)               (a.741.)
     EWA! Pregnant) -nernmerrosith 1Wittad                                                                                              OP                                 ('1)                  41)
     Total General Fund Semmes lexxt intervenor...n:4i    7                                      i(9
                                                                                                  11'11
                                                                                                     .22
                                                                                                     1{1%111     ((
                                                                                                                  -1101
                                                                                                                    1MI
                                                                                                                      L V61
                                                                                                                        :73
                                                                                                                         :})       110100)                               ; ..370
                                                                                                                                                                       (le jsesl
                                                                                                                                                                            P50-         1...•.]
     Fedeaar Funds. SRI' and CU aerates saws.:
     One Perna                                                                i1,320)            0 321)            (1.335)          (1.$47)                                                  (5.37Z
     tien--nritnnel Oproung Excreta's                                         ii
                                                                              ::4:2i
                                                                                   4)            11,920            (1.796}          (1,018.          "333:11:.S41
                                                                                                                                                             857
                                                                                                                                                             3821
                                                                                                                                                              (13:1                      111.090)
     SMRNPRWIS fari:erranuirelapth eirtninta                                    Ci'Xt              OW)               (8981)           (994)               (500            01'9            (5.2121
     Slowed - reerany ruonleo                                                 /2.159}            p.lan             (1s37}             (127)               1540            1190            (7.5191
     tauliese - SRP                                                             (7103              {209i             KM)              OM                 (435)           7111
                                                                                                                                                                          ;  26           (72193
     Spear Papaw.; -roPerarly ruedod                                          (2..7301           (27343                             (2.786)           12.8491         _[2.89             118.8821
     TPA! CW Funded Op. Exp                                                  SIM                os 6861          712-
                                                                                                                   9 51
                                                                                                                      7;           116.6■767                           i.7.*q           11
                                                                                                                                                                                         115
                                                                                                                                                                                         6.4,61
                                                                                                                                                                                           .72ta
     Expense Peasants                                                            MI                027)             1,132            1.594                                1,385
     Tend CWFurnkd Cp.. Exp Pest Measures exel_ Losing likelleadd            111,2231           (11 675)         (17.417)          117,032)          '111"71. 07
                                                                                                                                                               171
     Fund rep
     Acrinstinenl1pr exproltrixte rase ap                                      (7F..               De/               POSii            Mir:               17041                               (4730 .
     Mel Operating Surprusr(DefisiM                                            3,241               7458              7.757            2291               2515             2.411               11631
     Capes and Mx Expanses:
     Itaintenanne Cape                                                          PM)                (307)             (337}            OM                (375)              TM                9.111)
     Emeriti". hoax                                                           (1,185)            0,190)            (1.2071          (1113)            0 L2231            (1214)              0.26*
     Oreoursenome nu. Revenues', Din. Owslie INV                                (915)              (390              (796)            (5314               450             4334               .12.238).
     Omer Pen-Recurring                                                           734              .971               (101           , (9)                    Cr)           (E6              63
     Tetal Copse and Omer Sapenat 5                                           11 617)            12.0151           (1.943)                            11.1.19)          (1857)            71640
     Surplus Post Xlii iiiii ( taxi. Dybi Paymtnt0                             1,60                 tau                513             Sea                Sit              US              4,37/7
     Contractual Cent Sr.. Palmer'::                                          0,7363     ..   . 7.7471             (1.757)          0,7421            OAF'               (171MO           0MM
     Bureaux aft er Measures and 5.91Payments                                   13091             7 3471             19551          {(1
                                                                                                                                     E1.19133)
                                                                                                                                           41         f1_119.            (117161             46.04
                                                                                                               -
     5raparoporenuosynor avliati/e. 0.41                                          77                    31             170              163                 173             172    - -           54e
     1 Debi set: ior based on prepetlien o.onue cur nickel in tnrgatlin s Presented Mr guslretive purposes only end does not represent ontic4reled tut, re payments en restructured note
     2 These lir r01,ta amourita are 0eneraled icy Cummonwealth corporal0ns and the C-Ornrronweatlie petty 10 is egtes SUCh Su rplre amounts Could lee el risk wilhtiul Nether legislative 9000.




                                                                                                 261




                                                                                                                                                                              DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                    Desc:
                   Exhibit DRA Exhibit 235 Page 262 of 271


     Chapter 25. Fiscal measures

     25.1 Agency efficiencies
    Exhibit 139 details the payroll and non-payroll savings for each of the agency groupings.
    Agency groupings are as shown below in Exhibit 140.
     EXHIBIT 139: MEASURES SUMMARY IMPACT FOR ALL AGENCY GROUPINGS 291
      Run-rate savings fronnagenc, e1tici en ci measures- 9,
                                                                  Penag        F11421      PfM121.     Pr2623      IrM024        Pr2929
      Education                                                   336.854     330,682     433,237     458,275     495,397       524,656
      Courts and Legislature                                       84.540      75.614      90.906      97,225      98,325        98,514
      Hearth                                                      104,341      90,611     133.493     144,002     145,632       147,392
      Public Safety                                               141,371     141,078     152,334     178,920     190,945       183.132
      Correclions                                                  96.346      54,837     101,627     105,942     107.141       108,435
      OCFO - treasury                                              26,966      81,606      92,916      95.608      96.690        97,859
      Public Works                                                 37.260      38,671      65.951      68,071      66,842        69.674
      State insurance Fund Corpo ralion                            61,700      59,433      78,511      81,291      82,212        83,206
      Econ omic Developmert                                        26.770      58,347      55.459      56,638      57,279        57,972
      Executive Office                                             16.973       9,790      19.602      21,440      21,683        21,945
      In depen dent Agencies                                       25.085       6,348      26.136      27.706      28,019        29,358
      Emnronmental                                                 15.034      10,535      18.674      19.642      19,864        20.105
      Families 8 Children                                          21,108      20,652      49.821      55.642      56.272        55,952
      Housing                                                      26.790      10.272      23.404      25,358      25.646        25,956
      Automobile Accident Compensation Admin isbeiton              16.051      13,180      19.246      19,978      20,204        28446
      Label                                                        13.473      11,871      18.221      19,309      19,527        19,763
      FOMB                                                         10.971      17,375      17.447      17,502      17,700        17,914
      Agriculture                                                  26,682      24.992      29.860      30,345      30.689        31.050
      Justice                                                      14,619      13,888      18.393      21.320      21.561        21,822
      Culture                                                       5.407       4,665       6.833       7,088        7,168        7,255
      Closures                                                      3.377      10.303      15.748      16.075      16,257        16,454
      Fl nance Commission                                           3,513       2.963       4.197       4,349        4.398        4,452
      Retirement Services                                          26.656       2,900       3.011       3.154        3,189        3,228
      Land                                                          2,994       1,740        4.021      4,158        4.205        4,256
      Slate                                                        11.203       2.025       3.345       3.441        3.480        3,522
      LIU lili es Co mrrission                                      3.239       1,531       3.115       3.251        3.318        3358
      Transparency 6 Control Entities                                 995         564       1.009       1,018       1,030         1,042
      Ombudsman                                                     1,692       1,565       2.338       2,462       2.490         2,520
      I.] revers ItieS                                              1,651       1,355       1.955       2,121       2,146         2,171
      Institute of 51.1.951105                                        483         375          537        550          557          563
      Custody Acct                                                110.841      48,230      56.153      67.49B      69,262        60,087
      RU OlIC Sews Commission                                          -           -
      Total run rate savin qs tom agency. efficiency measures    1,274 075   1.156.096   1,560.100   1.659,409   1,710.130     1.754,071

      1 ExCI 11919 9 IMaotr69312 and 0160 funding IA Clr045 ED




     291 Excluding investments and other funding increases


                                                                             262




                                                                                                                             DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                            Desc:
                   Exhibit DRA Exhibit 235 Page 263 of 271


     25.2 Agency groupings and consolidation progress
     EXHIBIT 140: AGENCY GROUPINGS
                             AgricA.iraiEnterprises Driie4rrentAdnvritstraton                        Farrn nsicnnoe Corperation
      Agricultuie
                          2 Departmentof Agirallore
      Courts and          1 Neneral L,o          .1irsoca                                       2 LegsLative Asserri)VP13
      Legislabae
                         r "Fre Arts CreeErtcepos
                                               atoe                                             s epscalAnsanc
      Cullum
                          2 Institinnof PuetoRican Canoe
                          1 Authority lor the AteneveknerentoMorise.kfcRceds Weed So eor        8. Pennituanagenesrt lace
                                                                                                7r              .      ...                ..........
                          2 CenanmetitofEcononioDeselosmen endear-el-ewe                             Plaryyrg Board
      Fe ODOM IC
                          3 Energy AfisesOfIce                                                  * Puerto Fnitio Trade and Exp.-Women/
      D•Enf el opment
                          4 I fustrii9 Dee:lino-1)87u 150FYipiatii ""
                          3, I oustfal Tax Bens:6405re                                          10 Tourisrn Omens/
                          I parenereofttealadtantonmertaiSksoures                               3. Natimarriesoirom Adrviesraten
      Envi rornsenta I
                          2 EnveenneeelCuslitySoadd                                             4 Seed Waste Alan)*
                          I Federal AttairsAdinnstalca                                          5 Of rime Scope:mown Demiopned
                          2 I rf rastnokare ancing Aukority                                        Publo Buidmgs Autbosty
      Executive Office
                          3 0 fficeof the Coirrrissiorer of Municipal Atfars
                          4 Orficeoftl-e Governor                                               • Stem. 1-1 isbrical Pnmene ton Once
      Fi name             1 O Noeof Cormimbrer or eeLtrance                                          67ce o ttelrnarciai Institilionsororrissiorer
      COMM is son
                            "
                            rater 4o- &mane, tductiSco and 4edesillienices Nedsetes             •            $ en iced Adriensirarion
                          2 bepinmentof Ffealen                                                 3. lilecheal health and Addoction Services Adniniseatine
                            Health Insure-icersamirisraton                                      I puerto Rion and Caibbemi Quilovastnlar dolor Corpniriciir   ..
                          7 Univ ersityo 1Pento Rico Cornorineusive Cancer Cellar
      Justice.              Deiti-arTnTenio4.ioe                                                1: PEard
                             bepartinetitoiLalcor and14 ran RAMinCeS                            4- Pelle Serowe ApTimis 6:70'47 007o
      Lam,                2 I r vesegeon. Prosecut on and Apse
                                                            .            rrrniscsvi             13- Vocational RebatteitstionAdrranislaton'
                          3 Lake Relations Goad
                             Land Administration                                                2 Land Auteority
     Land
                             Agnouitoial oeveloorrent novatCr Fend
                         iti 74w:cap/ix FerSOnSWITA "Me blies oTthe rainnioneeaftli orNerla gcn 4 Veteranskinicak Eke
      Onibud sni an       2. Ekieny and Reflect Pewee T,idv;:cie, Nix                           110 Wonen's Advocate Ofice
                          3 Health Advoclie 0147:0
                          1 Cuepartrnentorriaropsnalon and Put& VTIarks                         3 Pons kdhodel
      PubliWorks
          c
                          2 I ntagratod Transportikirbority                                     4 Traffic 3a4age Commission
                     -       Administra7on b Integra/ beelloprentaf Clektlioxl                  4 Desbarement071te Am*
      P air               2 Adosintstiaten 7Q Sociceocrionec DeMoixrentollie Fat*               3 Farness said
                         • Chid Support kInnnstabon
                         1 Depanmernoil-teseg                                                   *            J40 Housing Pehimistration
      Hous                                                                                      ............                     .
                         2 Housing Finaanng Adhere,/
      rates               I Depiistreeritegnt                                                   2 Puerto Rico GeLeireonCounnll
      Transparency       i C tficeof GoverrimentEriks                                           2 tithaeof the .orrpteilkal
      Control Entlks
                             Puerto Rico Poke Departirent(PRP1:1)                               5 9-1 Sery pois Otnerring Board
      Department of       2 FeekilliersCorpo                                                    ▪ I imbue of FcaenspoScierces
      Public Sal*         3 Ernensenoyllettel Servos Cores                                      7 Sewn' In vest9.401 4.1ne
                          4 Ernergencyfilanagernott and Disaskr AdrniniseaSon Agency            8 Departmental. Pe Sixty
                          1. Depart...mocha TreareeY                                            4 01f.eof Lienateneere and anted
      Treasury I         -2 Hacienda                                                            $ General SerVieeSAdMiniSeakel
      OCFO
                          3 Puerto Rico Once of Baran A.SOISOIN Llanagenlen andTransirennion    ▪ Fisaal Aoancyand Fenr-aa' AdvisoryAnboriy.

      Universilies        I Ci
                             'zinseryaregofteeie.                                               2 Sc.1. 55 n4 Plan■cAns
                             Reette Rico Envy Board                                             4- Irceser se,t Exec:-
      Utilities                                                                                    Telex.rnr.alr
                                                                                                              .
                          2 Pubic Sery ices Corrrns eon
      Commission
                          3 Pubic Sery ice Regdatryieeici
                             kiedet FDAPSI of Peelle Ftit4                                      a. C ME:        DL:,r.ot:s         Cevooperenketnriy
      Closures
                          2 Economic Deielocrnent Back
                         ▪ Civaan's Ac&ocaeOnce (Orebudenan)                                    12 r*eoftee Eivnoral Compeoler
                          2 Civil Right Cerninencie                                             13 ZtlnDs-Qf ire I usce-nx Climatal
                          3 CommenweanlEimion Ccnentseet                                        44 For! .! Pon ce Andnrity
                          4 Company 'bane In    Davekbrrentof Cattsra'sFlerilraula              II Pon of the fursuicas
                          3 Convenor Ce irDisdkzAutornty                                        45 PL ben 8-roeScaslog Cogent/ion
     Independent
                          ▪ Cooperative: DeveloprentConitimorr                                  17 Puerio Ripe Innovation anfrectinelogytenkee
     Agencies
                          7 Departmentof Cnesurner.n/Lee                                        18 %aro Ron Ns Porta Gard
                          ▪ Departmentof Spalsand Ficcesalm.                                    19 ScePial I rilisizer.deni Frroaeaetor Panel
                          9 Gaming Corninmion                                                   20 Tead,er. s Retirement System
                         10 I riciustrial Convnissicn                                           21 I rataLle 01. SntatiM.
                          I Martin Rita Canal ENLACE Project Corpora—
                                                                    bin
                          it Automobile Accident Compoisatisnikutlxerly                         3 Stalel r s ia-ceF:Lro Corpoo Ca!
      Other
                          2. Financial Overnitie and Ltanarmant Scald

     1 1,i_nen eS                                            r.         i Trann,re leen
      redea lane; '133 rtl.1.3...            mIscp;•:L..71




                                                                                          263




                                                                                                                                                       DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                           Desc:
                   Exhibit DRA Exhibit 235 Page 264 of 271


     EXHIBIT 141: AGENCY CONSOLIDATION PROGRESS DETAILS
                                                                                Consolidation   Legal provision in         Remarks and key FY21 prioMies lindicated
     Grouping       Agencies                                                    status          applicable)                by agen cy)

                    Depantnent of State Puerto RICO EdUCiati an COWIN           ■ completed Law 212-2018                   •    Cana Midair On Of glared ServiCeS COMpleted
                                                                                                                                within 90 days: savings high e rthan UW400
                                                                                                                                thousand realized in rental contract
      NO.
                                                                                                                                cancellation
                                                                                                                           •    One single Finance reporting and HR system
                                                                                                                           •    Staffing remains constrained

                    PR Energy Board (PREB). Public Service Commission                Completed Law 214-7018                •    Consolidation of shared services completed
                    (PSC}, Independent Bureau of Consume r ProtecOon.                                                           under Pu blic Service s Commission (J Rat')
      Utilities     Tel ecomnsuricati on s Regulgory Board                                                                 •    All administrative (e.g.. HR. Legal. Finance)
      Commission                                                                                                                supervision consolidated under one director;
                                                                                                                                IT yet to cons olidrie under ce rare! Oft ce
                                                                                                                                location and im element platfarrn integration

                    Department &Natural and Envi ion mentai Resources,               Completed Law 171-201R                •    Office locations can sd leafed in the same
                    Environmental Quality Board. Natural Resources                                                              braiding
                    AdMiniStratiOn, Said Waste Authority                                                                   • sniped gebiLaS and back-offiCre SySte ms
                                                                                                                             consolidated aaoss agencies

                    AgriCultu rat Enterprises Devele prnenl Administration           Completed MGR Signed                  •    COOS olidali On Of addliniStranVe areas {FIR,
                    {ADEN. Departin ent or Agriculture WA). Fenn Insurance                      leStritetign                    Legal, Finance, IT} for ADEA and DA Is
                    Corporation (CSA}                                                           December 31, 2020)              complete with shared back-office (with back-
                                                                                                                                Ofb ce personnel efficiencies)
      A071CUnele
                                                                                                                                CSA continues to maintain op eralional
                                                                                                                                independence (legal limiations on being an
                                                                                                                                insurance company) but is In the process In
                                                                                                                                merge IT systems with ADEA

                    Puerto Rico Police Bureau (PRP13). Firefighters Corps.      ei Delayed      Law 20-2017                •    Process es an lead for a II to notions (except
                    Emergency Medi cal Services Corps, Emergency                                                                Hlai across bureaus: currently cons otidling
                    Management and Di sasler Administration Agency. 9-1-1                                                       shared services
      Department    Services Governing Board. Instiller; of FOrenSiCSa enCeS.                                              •    Direct reporting and central office established
      Of Milled     Spacial investigations Unit                                                                                 across mostiunctio n al d apartments:
      Safety                                                                                                                    currently staffing vacancies
                                                                                                                           •    FY21 pnOrityte reCtuil            staff for
                                                                                                                                administrative roles and implement KRONOS
                                                                                                                                aaos S all bureaua

                    Authority of the Redevelopment of the Roos even Roans ika Delayed           Law 141-2018         •         Consolidation of accounting books (except
                    Naval Station (Rla), Deparenent of Economic                                 e stabil s hes all             PRTC. PRIDCO, CRELA and RR)
                    Development and Commerce. Energy Affairs Office,                            agent:lest be        •         Cross-braining of employees across age noes
      Economic      Industrial D evel op mei Compa rd (PRIDED). Industrial                      reorganized into     •         PRIDCO building being rerno del ed to transfer
      Development   Tax Exemption Office, Permit M an ag ement Office,                          DDEC except ascribed           all front-office personnel
                    Planning Board. PR Trade and Export Company. Regional                       agencies (RR,
                    Center Corporation of Commonwealth MFR. (CRELA). PR                         PRIDCO and Plannin g
                    Tourism Company (PRTC)                                                      Board)

                    Office of the Commissimer of insurance(OiC). Office of          No          Legislation repeated; • Third-party analysis Or shared services
      Finance       the Financial institutions                                      progress    MOIL certified            consolidation is yet incomplete
      Commission                                                                                                       • OCt to identify Commissions r to reinitiate
                                                                                                                          consolidation effort.

                    Center for Research Education and Medical Services for • No                 Legislation pending    • Plan pres anted tO OverSIghl Beard Mr
                    Diabetes. Comprehensive Cancer Center. Depadm sot of       progress         for A SE SaiOil                consolidation of shared services
                    Health. Health Ins trance Admi nistration Medical Services                  Consolidation          •       No tack-office cons oil nations achieved
      Dawn          Administration. Mental Health and Addi a on Services                                                       between agencies in the grouping
                    Administration, Puerto WO and Carl sees n Cardiovasatt
                    Center Corporation

                    Department of Labor and Human Resources.                        No          HOU not signed         •       No progress reported on cons at dation of
                    Investigation. Prosecution and Appeals Corn mission,            progress                                   shared services
                    Labor Relations Board. Public Service Ap peals
                    CommLsslon, Vocations] Rehabilitation Admiral seat on

                    Administration for IntegratDeve lop rn ent caChildhood.         Delaye d    Legislation proposed •         MOLE pending for physical space
                    Administration for So doeconorric Develop ment ofth e                       but not presented              consolidation
                    Family. Child Suppo rtAdministrali on. Department of                                                       Backoffice consoliaalion has been achieved
      Fyne          Family. Families and Children Administration                                                               partially between some subg roues of
                                                                                                                               agencies but Innen sistertly across drffe rent
                                                                                                                               tunctiOnS (e.g., HR. procurement)

                    Department citric. Treasury. Puerto Rico Olt ce of Human    i No            Legislation not        •       PMO still not identit ed for consolidation of
                    Resources Man agemert and Transformation (OATR1- ),             progress    passed] MOU's                  shared services
      Treasu ryi    Office of Management and Budget (OMB) General                               pending                •       Pending visibility on additional Government
      °CFO          Services AdMin i strati on (GSA). Fiscal Agency and                                                        action to evaluate compliance
                    FirianCialAOVISOry Authority (AAFAF)




                                                                                   264




                                                                                                                                                             DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 265 of 271


                     Federal AffeirS ArtmlniStall 0 n. InfraSirUctUre Finanrind  •   No         Ho lino' provision      •    G OvernMen1 it as ind sate I rid    ngnessto
                     MAP 0*, Office of the COMMiSSIOP or Of MU niCip al Whirs.       pro MSS                                 Merge S0ertei eS
     EfteOttrtivie   Mice of the Governor, °Tice of Socioeconomic
     Gifite
                     Develoomenl,PublicBuildingsAultiorify, Public-Private
                      artnership Audi only, State Historical Preservation Office

                     Fine Arts Center Oerper;bori. I it Sidles of Puerto Rican   •   No         MOU signed          •        Only Consulting services snared as of now
                     Culture, Musical Ails and Stagecraft Corporabon                 Progress   le apiraten June 30 •        No progress (or future plans) repodedon
                                                                                                J023i                        unIficabon of functions or offices

     Pirtic
                     Deparlment ofTransportabon and Public Works (UMW),
                     lniegrateraransportAuttionty (MA), PorlsAuthority,
                                                                                 •   No
                                                                                     progress
                                                                                                Legislation repealed •       No progress orfuture implementation plans
                                                                                                                             reported
     Works
                     TraffiC Safety GommiSMon (PSC)

                     Geparloi aril or Housing, Housing Financing ArldlOribr.         No         Ire law or MOM          r• Ali agencies curranItyoparatng
     Routing         Public HouSingAdrniniStration                                   progress   lipped                      In            no prOgreSS or rulure
                                                                                                                            implementation plans reported

                     Conservatory of Music, School of Plasfichts                 •   No         Legislation proposed •       Governmerd leiter to Oversig hi Board
     Untie is dies                                                                   progress   but not presented            ri aim ed lard( of Inter-agency cooperation


                     GoPfirlrrtentotJuslice.Parole Board                         •   No         Po detail provided       •   No progress or future implementation plans
                                                                                     progress   ori legal iziroveskin N-     reported; Parole Doan] ste un der OCR
                                                                                                IKO

                     tan O Adml nIstation, LandAulhorily                         •   No         No law or MOU                eblb agencies currently operaling
                                                                                     progress   signed                       independently; no progress or future
                                                                                                                             implementaucin plans reported

                   Advocacy for Persons with Disability. Elderly and Retired         No         Legislation repealed. •      No progress or future implementation plans
     anbudstrien PeOiplearerocate Moe, Filson Adviscats Office, Veterans             progress   MOU not signed               repotted
                   Advocate Office, Women Adrocale Office




     25.3 Key reform implementation milestones required by
           prior Fiscal Plans
    The 2019 Fiscal Plan and prior Fiscal Plans required the Government to achieve a set of
    important implementation milestones deemed necessary in order to realize savings targets for
    agency efficiency, Medicaid reform, tax compliance and fee enhancement, and pension reform
    measures. As previously discussed in this 2020 Fiscal Plan, the Government has not made
    meaningful progress against the implementation milestones nor the savings targets in a
    manner enabling of a rightsized Government while also improving quality and effectiveness of
    the services provided to Puerto Rican residents.
    The following exhibits provide the implementation milestones required by prior Fiscal Plans,
    and reflect the actions and deadlines stated in the 2019 Fiscal Plan. Looking ahead, the
    Government must couple the achievement of budget efficiencies with true operational
    transformations (i.e., process re-engineering) to ensure budgetary changes are sustainable
    within rightsized operational capabilities. In the prior chapters of this 2020 Fiscal Plan, the
    Oversight Board has outlined new required implementation actions for the Government
    agencies to prioritize, primarily in FY2021.




                                                                                     265




                                                                                                                                                        DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                           Desc:
                   Exhibit DRA Exhibit 235 Page 266 of 271


     EXHIBIT 142: CROSS-CUTTING PERSONNEL AND NON-PERSONNEL MEASURE
     IMPLEMENTATION MILESTONES
                                                             yI = Completed
     Ness of locus      Action item                                                                                                     Deadline

                        . Pass legislation to freeze payroll for public employees through at least FY23                                 March 31.2019 le

      Payroll freeze    •   Institute payroll freeze                                                                                    June 30 2019

                        •   Renew policy of payroll freeze                                                                              June 30.2023

                        •   implement Christmas bonus phase out                                                                         December 1. 2018
      Eliminate
      Christmas
      bonuses


                            Launch RFP for uniform healthcare                                                                           July 1. 2018

                        •   implement new contract                                                                                      January 1.2019
      Uniform
      healthcare
                        •   Launch new RFP process                                                                                      January 1.2022

                            New provider coverage operational                                                                           July 1. 2022

                        •   Develop energy and water efficiency savings plan modeled after the U S Federal Energy Management            July 1. 2018
                            Program
      Utilities
      savings           •   Implement efficiency plan and achieve 40% of total run-rate savings in FY2020                               July 1. 21319

                        •   Achieve 100% of run-rate savings. which will represent 15% savings off of FY2018 expenditures               Jan uary 1.2023

                            Conduct analysis of all professional services expenditures and those categorized as 'other to identify      July 1. 2019
      Professional          potential savings opportunities
      services and
      IOW visibility    •   Implement reduction of professional services and low visibility" expenditures to achieve 104%               July 1. 2019       ir
      spending
      reductions        •   Categorize all professional seraces contracts moving forward is ensure reduction of 'other category         October 1,2019




     EXHIBIT 143: DEPARTMENT OF EDUCATION GROUPING KEY IMPLEMENTATION
     MILESTONES
                                                                                                                                                        Complete
     Areas of focus     Required implementation action                                                                               Deadline

                            Outline clear pathway to achieving 33% progress to desired student-leacher ratio by end of FY1G          August 1, 2018
                            (school closures and any other measures)
      Optimize
      student-              Publish number of leachers reduced through school closures                                               September 1, 2018
      tea c.her ratio   •   Outline further measures required to reduce teacher numbers                                              September 10,2018
                            Complete measures 10 achieve target of 14:1                                                              End of SY22
                            Close 255 total schoces                                                                                  Erin Of SY18
                        •   Develop transportation plan for relocated students                                                       July 1. 2018
      Enact school
                            Ensure cancellation of auxiliary service contracts (i.e. food. maintenance', to capture savings and      August 1, 2018
      consolidetio
                            release non-teacher headcount reductions
      ns and
      closures          •   Sell or reappropriate empty buildings                                                                    September 1, 2018
                        •   Publish report On Cost savings achieved through school closures (non-teacher personnel and auxiliary     November 1.2018
                            services)
                            ............
                            Established regional superintendencies                                                                   AugJst 1.2018

                            Pass legislation to fonnalize new structure                                                              October 1 , 2018       ene
      Decentralize      •   Merit-based Regional Leadership selection system in place                                                October 1,2018
      institutions
                        •   Regional superintendancies established and staffed                                                       October 30.2013
      and                                                                                                           •.
      structure         •   Publish plans For rightsizing the state educational agency (SEA)                                         October 30, 2018
                        •   implement rights
                                          izng plans                                                                                 December 31, 2018
                        •   Review rightsizing plans                                                                                 Ongoing

                        •   Develop new centralized operating model for procurement                                                  September 1, 2018
                        •   Identify major contract targets for savings                                                              September 1,2018
      Achieve
      procurement       •   Release RFP for major services                                                                           October 1,2010
      efficiency
                        •   Capture savings                                                                                          November 1,2018
                        •   Review procurement strategy                                                                              January 1, 2021




                                                                               266




                                                                                                                                            DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                                                        Desc:
                   Exhibit DRA Exhibit 235 Page 267 of 271


     EXHIBIT 144: DEPARTMENT OF HEALTH GROUPING KEY IMPLEMENTATION
     MILESTONES
                                                                                                                                                                     401. C.an~
     iectr‘-.   -u2n,          liettun,J nnptrAnunkilion 1,112(.1.
                               • Passle855184111n of nretTni-,t writes                                                                                        January 1.2019
       Consolidate
                               • Compere.) syscOM eitegtEllen blftretel agencies                                                                              June n0,2014
       agencies
                               • Mender merger plogrece                                                                                                       On90111
                               • Cortipiele capandy anaiysis                                                                                                  September 1. 2018
                               • Grose now organizalsonal elms                                                                                                Nowoniter I. 2018
       Rightsizing             • Gracie Immune program turernutoym litinsdens                                                                                 January 1.2010
       personnel               • Commence wave Iwo of replsoing                                                                                               July 1.2019
                               • Assess rightsiong aciiieremenis Ana 10000 strategy laurels                                                                   July 1, 2021
                               • Comptes minoring                                                                                                             June 10. 2027
                               •      namely hence IrleHlutencte•-.anci determine pesos for closure. Swag carilreuse klCell0f6                                NOVetrit.0■ 1.2618
       Consolidate
       regional
                               •      Creme pion for orricerassures                                                                                           December 1.2018       le
                                      Imploment GIGE.1.-¢5                                                                                                    FOtentnry 1.2019 0.
       Medicaid offices
                                      Monitor posl.ciosuro %mega                                                                                              Ongoing
                               • Conduct thorough irreriory of currant procuronent procossas, suppliers, are process owners                                   Octavo 1.2010
                               • login RFP protte.;./or Ke1SIOIS                                                                                              NrainilsoF  I. 2018

       improve supply          • Select lendric                                                                                                               December 1.2010
       chain                   • imulenele. chanties                                                                                                          Feticouly 1.2019
       management              •          „tree per sIer End issue nub RFr                                                                                    Artery 1. 2021
                               • LBURCI1 new On:Neer COnt.reCt                                                                                                July 1, 2021
                               • Monitor wrings                                                                                                               0ng0sfl0
                               • ni„iiiniyerrprinneie h>rpmrrrc eandaregailen rprocuremani 04113.1311r5ylg n1 13.E1•5.. lefttelryO3Y neeir11110//             ClelOrede 1 2018
                               •      Build pen including erasing workflows and standard policies based on tern praclic us by procice Erma                    December I. 2018
       Transform
                               •      Reciesirt melLtekttoel crielratetsed m lied leUltryrA Nutt eetcontes                                                    DeCertltel• 1. 2018
       hospital
                               •      Renew current operrrtrons and tend new map strategy                                                                     January 1, 2322
       management
                               •      implement new system                                                                                                    Juno 30, 2022
                               •      Monte 5e0.7+                                                                                                            DTI9OMP
                               •      r nen[h PFP for lettered! support                                                                                       Au0.0 I. 20111           folll
                               •      Sen conked wth prondor                                                                                                  September 1. 2010 es.
       Redesign AS E
                                      Intelfsreen1 I Mona cycle ernnusweind                                                                                   Deloher 1.2018
       r revenue cycle
       management              •      Po'r■ nrrcrrn ent Fru..ks AuffufMance am ruquirpmein                                                                    January 1.2021
                               •      tatirich new wonder                                                                                                     June 30, 2021
                               •      lAnnIllir wags leer 111006m. p     lotnallwinsinh                                                                       Orignmg




     EXHIBIT 145: DEPARTMENT OF PUBLIC SAFETY GROUPING KEY IMPLEMENTATION
     MILESTONES
                                                                                                                                                                    vf• = Completed
     Ar ed5 of fOcriS      Required implemenlaeon action                                                                                                Deadline
                           •       Publish plans !or improving processes firldming automation etc.]                                                     September 1, 2018
                                       ,                                                   .                                                               ....... .
       improve             •       Implementplena for improving processes                                                                               Decernb at 1.2018
       processes           •       Evaluate process improvement stride gy                                                                               June 30, 2020
                                                    . . .
                           •       Identity and implement additional process mprosementoppsrbeilion                                                     Ongoing
                           •       Publish plan of sworn officer positionsinat can to replaced WO civilian-les chiles for staff reduce:wan-enlacement   September 1, 2010
       Clv I Ilanizallon
                                   with civilian counterparts
       OF non-core
       'uks                •       Evaluate creilianization and outsourcing atralogy                                                                    June 30. 2020

                           •       Publish plan to consolidate stations. units and divisions                                                            August 31. 2018
       Co nsolldatio rt?
       elimi ngponof       •       I mpreme fit plan                                                                                                    March 1, 2018
       stations. units
       and cat/Isle rie.   •       Identify eddrtional co n sohdalron and elimination opporlunted                                                       Ongoing

                           •       Publish plan to reduce overtime                                                                                      August 31, 2018
       Overtime
                           •       Implement plan                                                                                                       December 91, 2013
       efficiencies
                           •       Rave* end evaluate overtime reduction glen                                                                           January 1. 2020
                           •       Identify officers erg ibis far a raise of 51 500 of annual salary                                                    by FY 2019
                           •       Ineehne $1.500 raise across nil sworn officer poartions *thin PRPC                                                   by FY 2019               Aa#
       Saia ry and
                           •       Insenne adomoris raise toren sworn Offitor tO Close PPP-adjusted tJ S. mainland salary gap of-$11.000002             by FY 2021
       benefits
                                   preside additional $100 per year per officer for im proved life and disability insurance
       Increases
                           •       I nallute 5500 raise for all firefig Mors in the Puerto Rico Firefighter Corps                                       By FY2020                gle
                           •       Monitor retention Fates and arafeate need lor Weller raise                                                           Ongoing
                           •       Identify add re sae Pie non-porsonne spend                                                                           September- 1., 2018
       Non-personnel       •       Reduce non-personnel spend by 113 of the local Fur .reter savings                                                    byFY2018
       spend
       reduclion           •       Revers procommunist:Hand reduction slratirgy                                                                         January 1. 2021

                           •       Reeasessopporturrities for procuremani Oft le rEAS                                                                   January 1.2023




                                                                                                267




                                                                                                                                                                   DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                      Desc:
                   Exhibit DRA Exhibit 235 Page 268 of 271


     EXHIBIT 146: DEPARTMENT OF CORRECTIONS AND REHABILITATION GROUPING KEY
     IMPLEMENTATION MILESTONES
                                                                                                                               Completed
     Areas of focus   Reniuren ■ mplernentation action                                                           Deadline
                      • Publish plans to consolidate prisons                                                     August 1.2018
                      • Close 5 prisons                                                                          September 1 2018 te

      Col ISOlidate   •   Implement plan to reuse or sale buildings                                              October 1, 2018      10.
      facilities
                      • Close further 2 prisons                                                                  February 1, 2018 te
                      •   Implement plan in wage or eel Elthbonal bulldogs                                       March 1, 2018
                      • Evaluate opportunibes for additional closures                                            Ongoing
                      •   Publish plans to reduce headcount across OCR system                                    August 1.2018
                                                                         . .
      Rights-12,13g   • Commence stage one of rightsihng                                                         September 1, 2018
      personnel       • Implement further agency efficiency measures                                             July 1.2019
                      • Complete agency efficiency measures                                                      June 30.2021
                          Publish plans for consolidation of procurement spend                                   September 1.2018
                      •   Initiate RFPa int needed for vendors to improve quality and cost of services           September 15, 2018
      Optimize
      procurement     • Select vendors and sign contract to address min. 20% of procurement costs                October 1,2018
      spend
                      • Review procurement strategy                                                              January 1, 2021
                      • Rea sse as a pportunibes for procurement efficiencim                                     January 1, 2023
                          Launch RFP for correctional health services                                            October 1, 2018      1/10
      Redesign
      correctional    • Appoint vendor for services                                                              December 1 2018
      health          • Implement new contract                                                                   January 1, 2019      •••
      program
                      •   Confirm Strategy for any additional savings needed beyond those in contract            July 1 2020




     EXHIBIT 147: DEPARTMENT OF ECONOMIC DEVELOPMENT GROUPING KEY
     IMPLEMENTATION MILESTONES
                                                                                                                        tt,= Completed
     Areas of focus Required implementation action                                                               Deadline
                      • Pass legislation to merge entities                                                       September 1,        ie
      Consolid-                                                                                                  2018
      ate
                      • Finalize system mergers between entities                                                 June 30, 2019
      agencies
                      • Complete all process and organizational changes                                          June 30, 2020

                      • Complete capacity analysis for new merged entity                                         September 1,
      Right-size                                                                                                 2018
      the number
                          Publish plan for new organizational structure with plans for reduction In personnel—   November 1,
      of
                          both front line and back office                                                        2018
      employees
                      • Full implementation of agency efficiency plan                                            June 30, 2019

                      • Conduct scan or non-personnel spend and prioritize by major oppo atm ties for            September 1,
                        Savings                                                                                  2018
      Optimize
      non-
                      • Define plan to execute on priority opportunities                                         November 1,
      personnel
                                                                                                                 2018
      spend
                      • Reduce non-personnel spend by 30%                                                        Ongoing




                                                                             268




                                                                                                                       DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                         Desc:
                   Exhibit DRA Exhibit 235 Page 269 of 271


     EXHIBIT 148: OFFICE OF THE                                          CHIEF             FINANCIAL                OFFICER      GROUPING KEY
     IMPLEMENTATION MILESTONES
                                                                                                                                                 =Completed
     Areas , 1- four:a   Required irnpiementation action                                                                              Deadline

                         •   Pass legislation to merge entities                                                                      September 1. 2018
      Consolidate
                             Finalize system mergers between entities                                                                 June 30,2019
      agencies
                             Complete all process and organizational changes                                                        June 30, 2020
                                                . . .      .       ..   ..    .                                              ...... . .
                             Identity major contract opportunities and estimate value                                               October 31, 2018     voll
                             Develop strategy for footprint consolidation and digitalization                                         November 1, 2018

                             Start re-negotiations of target contracts                                                                December 1, 2018

                         •   Identify retail banking partners                                                                         December 31,2018
      Ira nsf o rrn
      i-le deride        •   Roll out trial of consolidating services In bank real estate and start site closures                     March 31,2019
      e fficie n c ies
                         •   Finalize plan for footprint reduction informed by pilot                                                  June 30.2019

                         •   Review of procurement savings achieved and develop strategy for FY20                                     June 30, 2019      '119
                         •   Launch consolidation in all municipalities and finalize closures                                         June 30.2021

                         •   Assess impact of digitalization and footprint consolidation and identify future opportunities           Ongoing

                         •   Complete capacity analysis for new merged entity                                                        September 1 2018

                         •   Conduct scan of non-personnel spend and prioritize by major opportunities for savings                   September 1. 2018
      Reduce non-        •   Define plan to execute on priority opportunities                                                        November 1, 2018
      "Treasury
      back -office       •   Pubeeh plan for new organizational structure with plans for reduction in personnel                      November 1, 2018
      and non-
                         •   Review personnel rights ixing in light of shove initiatives                                              June 30,2010
      personnel
                         •   Complete personnel rights lying to end stale                                                             June 30, 2021

                         •   Reduce non-personnel spend by 30%                                                                       Ongoing

                                                                                                                                        - —




     EXHIBIT 149: OTHER AGENCY GROUPINGS KEY IMPLEMENTATION MILESTONES


                                                                                                                                       •••• =compieted

     Areas of focus Action Item                                                                                                         Deadline
                         • Pass legislation of merging entities                                                                         September 1.
                                                                                                                                        2018
      Consoli-
      date
                         • Finalize system mergers between entities                                                                     June 30, 2019
      agencies
                         • Complete all process and organizational changes                                                              June 30, 2020

                         • Complete capacity analysis for new state entity                                                              September 1,
                                                                                                                                        2018
      Rightsiz-ing       • Publish plan for new organizational structure with plans for reduction in personnel                          November 1,
      personnel
                                                                                                                                        2018

                         • Full implementation of agency efficiency plan                                                                June 30, 2019

                         • Conduct scan of non-personnel spend and prioritize by major opportunities for savings                        September 1.
                                                                                                                                        2018
      Optimize
      non-               • Define plan to execute on priority opportunities                                                             November 1.
      personnel
                                                                                                                                        2018
      spend
                         * Reduce non-personnel spend by Fiscal Plan targets                                                            Ongoing




                                                                                 269




                                                                                                                                             DRA Ex. 235
Case:17-03283-LTS Doc#:18792-1 Filed:10/27/21 Entered:10/27/21 02:55:08                                                                                              Desc:
                   Exhibit DRA Exhibit 235 Page 270 of 271


     EXHIBIT 150: TAX COMPLIANCE AND FEES ENHANCEMENT KEY IMPLEMENTATION
     MILESTONES
                                                                                                                                              rf = Completed
      Areas cif locus   Required implementation action                                                                                  Deadline
                        •    Finalize integrated plan for compliance improvement across major lax types, including expected value       Cic I ober 31. 2018
                             from each

       Improve
       CompVence        •    Develop resource and milestone plan lo support activities identified in the compliance improvement plan    November 30.2018
       in Major
       Taxes (SUT.      •    Launch acquisition activities (personnel, IT, external support) as needed to drive progress against key    November 1, 2018
       CIT, PIT)             IndiatiireS


                        •    Continue monitoring performance of Internet sales tax                                                      Ongoing


                             Initiate new gaming lax license c °Ructions and report on revenue yield                                    Apnl 30, 201B         ir
                        •    Initiate new licenses and fees Collections and report On revenue yield                                     June 30, 2010         llef


       Right-Rate            Apply local I axes to Ai rbnb rentals and report on revenue yield                                          March 31, 2019        IVO
       Taxes and
       Fe OS                 Continue collecting taxes on medical marijuana and report on revenue yield                                 Ongoing               1
                                                                                                                                                              1,


                             Continue collecting iecreasedtobacco taxes and report on revenue yield                                     Ongoing


                             Evaluate performance of added tax types; measure collections and compliance                                June 1, 2022




     EXHIBIT 151: PENSION REFORM KEY IMPLEMENTATION MILESTONES

                                                                                                                                               ept = Canpleled
     Areas of locus         Action Item                                                                                                Deadline

     Shift to Defined   • Transition hybrid accounts to segregated DC accounts                                                         July 1, 2019
     Contribution
     Accounts           • Implement JR S I TRS freeze and transition In segregated DC accounts                                         January 1, 2020

     Reduction in       •     Implement 10% average pension reduction                                                                  July 1, 2020
     Pension
     Benefits

                        •     Pass legislation for enrollment of aft police, including new hires, in Social Security                   June 30 2019           rI
                        •     Enroll all police, including all new hires, in Social Security                                           July 1, 2019
     Social Security
                        •     Pass legislation for enrollment of teachers and fudges under 49, as well as all new hires, in Social     September 30,2010
                              Security

                        •     Enroll teachers and Judges under 45. as well as all new hires, in Social Security                        January 1.2020




                                                                                    270




                                                                                                                                                DRA Ex. 235
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                   Exhibit DRA Exhibit 235 Page 271 of 271


     EXHIBIT 152: MEDICAID REFORM KEY IMPLEMENTATION MILESTONES
                                                                                                                                        ✓    = Completed
     Areas of locus      Action item                                                                                              Deadline

                             Release RFP, publish data-book, hold conferences. and develop proposals for FY2019 MCO contract      December 31. 2017 ve

                         •   Receive proposals. negotiate rates. award and signed FY2019 MCD contract                             June 30, 2018       ire

                             Receive adjudication of FY2019 MCO contract from CMS                                                 October 3t 2018 if

                             Implement FY2019 MCO contract                                                                        November 1, 2018 r/

                         •   Build out analytics and quality assessment tools                                                     December 31, 2018

                             Conduct first quarterly audit and review of FY2019 MCO contract                                      March 1, 2019

      Overall New            Publish first HEDIS report                                                                           March 1, 2019
      Healthcare
      Model                  Complete negotiation of rates and finalize amendments to the MCO contract for FY2020                 August 15.2019

                         •   Conduct second quarterly audit and review of FY2019 MCD contract                                     May 1. 2019

                         •   Receive approval of negotiated premiums and amendments to MCD contract for FY2020                    00.15. 2019         ge
                             Achieve $222 in savings from new island-wide healthcare mode/                                        July 1, 2020

                             Achieve $347 in savings from new island-wide healthcare model                                        July 1.2021

                             Achieve $478 in savings from new island-wide healthcare model                                        July 1.2022

                         •   Achieve $615 in sayings from new island•wide healthcare model                                        July 1. 2023


                             Establish a functional Medicaid Management Information System (MMIS) to track utilization, claims.   January 1.2018
                             and priwide the data inputs for advanced analytics assessments to identify inappropriate spending,
                             while also leveraging the national Public Assistance Reporting Information System (PAMS)
      Other Healthcare
      Cost Savings           Pass legislation to establish a Medicaid Fraud Control Unit (MFCIJ) under PR Department of Justice   June 30., 2018
      Initiatives            to identify and prosecute fraudulent charges

                             Receive certification of MFCll from HHS Secretary                                                    September 30. 2018 tor

                             Fully operationatize MFCU                                                                            December 31, 2018




                                                                                271




                                                                                                                                        DRA Ex. 235


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