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Restoring Growth and Prosperity

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Restoring Growth and Prosperity 2021 Fiscal Plan for Puerto Rico Restoring Growth and Prosperity DRAFT FOR CONSIDERATION by the Financial Oversight and Management Board for Puerto Rico April 23, 2021 DISCLAIMER The Financial Oversight and Management Board for Puerto Rico (the “FOMB,” or “Oversight Board”) has formulated this 2021 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 2021 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 2021 Fiscal Plan is not a Title III plan of adjustment. It does not specify classes of claims and treatments. It neither discharges debts nor extinguishes liens. The 2021 Fiscal Plan may be amended from time to time, as appropriate in the sole discretion of the Oversight Board. This 2021 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 2021 Fiscal Plan that the Oversight Board determines warrants a revision of this 2021 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 2021 Fiscal Plan as a “recommendation” pursuant to Section 205(a). Nevertheless, to the extent that anything in the 2021 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 2021 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 María 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 COVID-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 (“PREPA”) 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 COVID-19 pandemic on the financial, social, economic, and demographic condition of Puerto Rico; – The impact of the measures described herein on outmigration; and – The impact of the resolution of any pending litigation in the Title III 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 2021 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 [email protected] should clarification be required. 2 List of Acronyms and Key Terms AAFAF Puerto Rico Fiscal Agency and Financial Advisory Authority (Spanish acronym) AAR Annual Audited Report ACA Affordable Care Act ADEA Agricultural Enterprise Development Administration (Spanish acronym) ADSEF Family Socio-Economic Development Administration (Spanish acronym) ACFR Comprehensive Annual Financial Report AFSCME American Federation of State, County and Municipal Employees AMA Metropolitan Bus Authority (Spanish acronym) AMPR Puerto Rico Teachers’ Association (Spanish acronym) April 2018 Fiscal Plan Fiscal Plan certified April 2018, immediately following Hurricanes Maria and Irma which first set out the major reforms ARP American Rescue Plan Act of 2021 ASEM Puerto Rico Medical Services Administration (Spanish acronym) ASES Puerto Rico Health Insurance Administration (Spanish acronym) ASSMCA Mental Health and Anti-Addiction Services Administration (Spanish acronym) ATM Maritime Transportation Authority (Spanish acronym) BBA Bipartisan Budget Act of 2018 CAF (FCC) Connect America Fund CAGR Compound Annual Growth Rate CARES Coronavirus Aid, Relief, and Economic Security Act CASA Sustainable Support to Students Centers Project (Spanish acronym) CAT bond Catastrophe bond CBO Congressional Budget Office CDBG Community Development Block Grant CDBG-DR Community Development Block Grant – Disaster Relief CBDG-MIT Community Development Block Grant – Mitigation CCPRC Cardiovascular Center of Puerto Rico and the Caribbean CDPR Center for Research, Education, and Medical Services for Diabetes CDT Diagnostic and Treatment Center (Spanish acronym) CEE State Elections Commission (Spanish acronym) CHIP Children’s Health Insurance Program CILT Contribution-in-lieu of Taxes CINE Corporation for the Development of the Arts, Science and Film Industry of Puerto Rico (Spanish acronym) CMS The Centers for Medicare and Medicaid Services COFIM Municipal Finance Corporation (Spanish acronym) 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 CRF Coronavirus Relief Funds CRIM The Municipal Revenue Collection Center (Spanish acronym) CRRSA Coronavirus Response and Relief Supplemental Appropriations Act CTC Child Tax Credit CUB Land Use Consult DCR Department of Corrections and Rehabilitation DB Defined Benefit pension plan DC Defined Contribution pension plan DDEC Puerto Rico Department of Economic Development Commerce (Spanish acronym) DDP Permitting Performance Dashboard DEC Determination of Categorical Exclusion DMO Destination Marketing Organization DOH Department of Health DOJ Department of Justice DOJ-PR Department of Justice – Property Registry DOS Department of State DNER Department of Natural and Environmental Resources DPR Discover Puerto Rico DPS Department of Public Safety DRD The Sports and Recreation Department (Spanish acronym) DRF Disaster Relief Fund DRG Diagnosis-Related Group DSA Debt Sustainability Analysis DTOP Department of Transportation and Public Works (Spanish acronym) EA Environmental Assessment eFMAP Enhanced FMAP EIP Economic Impact Payments EITC Earned Income Tax Credit EPA Environmental Protection Authority ERP Enterprise Resource Planning ERS Employee Retirement System ESSER Elementary and Secondary School Emergency Relief fund FAM Municipal Administration Fund (Spanish Acronym) 3 FCC Federal Communications Commission FDI Foreign Direct Investment FEDE Special Fund for Economic Development (Spanish acronym) Federal Government The U.S. Federal Government FEMA Federal Emergency Management Agency FEMP Federal Energy Management Program FFCRA Families First Coronavirus Response Act FHWA Federal Highway Administration FICA Federal Insurance Contributions Act FIE Economic Incentive Funds (Spanish
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