Act to amend Chapter 68, Title 21 of the Guam Code (P.L. 28-005)

I MINA’BENTE OCHO NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68362.htm[15.01.2025 17:38:03] Public Law 28-005 I MINA’BENTE OCHO NA LIHESLATURAN GUÅHAN 2005 (FIRST) Regular Session Bill No. 47 (EC) As amended. Introduced by: Mark Forbes F. B. Aguon, Jr. J. M.S. Brown Edward J.B. Calvo B. J.F. Cruz Mike Cruz L. F. Kasperbauer R. Klitzkie L. A. Leon Guerrero J. A. Lujan A. B. Palacios R. J. Respicio Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO ADD A NEW ARTICLE 12 TO CHAPTER 68, TITLE 21 GUAM CODE ANNOTATED, TO ESTABLISH THE “GUAM FLOOD SURVEY AND MITIGATION PLAN”. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings. As Guam develops, the impact of new road construction, new grading and backfilling, new construction and a host of environmental changes have all led to an apparent increase in flood risk to residential and commercial areas of Guam. I Liheslaturan Guåhan finds that no comprehensive survey, mapping or mitigation plan exists to comprehensively deal with the several and sundry areas of Guam prone to flooding, and that such flooding results frequently in major damages to the homes, businesses and properties of many island residents. This Act will require the Department of Public Works to undertake a comprehensive, island-wide survey of flood prone areas, to map such areas and to make specific recommendations to ameliorate flood prone conditions in these areas or to otherwise make recommendations for methods of alleviating human suffering and loss associated with flood prone areas. Section 2. A new Article 12 is added to Chapter 68 of Title 21 Guam Code Annotated to read: “Article 12 Guam Flood Survey and Mitigation Plan Section 68980. Guam Flood Survey and Mitigation Plan. (a) The Director of Public Works shall conduct a comprehensive, island-wide survey of all residential and commercial areas of Guam, or areas otherwise subject to human occupancy, that are prone to flooding during storms, typhoons, heavy rains or general inclement weather. Such survey shall be conducted using existing manpower and budgetary resources as exist within the Department. Such survey shall be completed within ninety (90) days of the effective date of this Act, except that failure to meet such deadline shall not be construed as relieving the Department of its mandate to complete the survey required herein. (b) Upon conclusion of the survey, the Director of Public Works shall submit a report to I Maga’lahen Guåhan and the Speaker of I Liheslaturan Guåhan. Such report shall contain, at a minimum, a comprehensive and detailed map of all areas in Guam surveyed, a detailed description of each area included in the survey, causal and contributory factors that lead to or otherwise exacerbate flooding in areas surveyed, mitigating measures that are recommended to eliminate or severely reduce the threat of flooding in areas surveyed, in the absence of plausible mitigating efforts, recommendations for relocation inclusive of recommendations for land exchanges or purchases, and all estimated costs associated with mitigating efforts or ameliorative solutions. Such report shall be submitted no later than ninety (90) days after the conclusion of the survey, except that failure to meet such deadline shall not be construed as relieving the Department of its mandate to complete the report required herein.”