Public Law 29-116 - An Act to amend §1512.1 and add a new §1512.2 to Title 5, Guam Code Annotated, relative to the financing of a new landfill; to amend §§51504, 51507, and 51508 of Title 10, Guam Code Annotated, relative to recycling; to permit use of lot 439-R1, Santa Rita, as a sanitary landfill; to amend §2104 of Title 1, Guam Code Annotated, relative to the commission on decolonization; to amend §75102 of Title 21, Guam Code Annotated, relative to the Chamorro Land Trust Commission; and to amend Section 8 of Public Law 29-82, relative to the Guam Power Authority Loan

P.O. Box 2950 Hagatfi.a, Guam 96932 TEL: (671) 472-8931 • FAX: (67r) 477-4826 • EMAIL: govemor@mail.gov.gu Felix P. Camacho Governor Michael W Cruz, M .D. Lieutenant Governor Honorable Judith T. Won Pat, Ed.D Speaker I Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 1 7 DEC 2008 0 ,: "!'\ .:;-, N \.,.J Transmitted herewith is Bill No. 383 (LS), "AN ACT TO AMEND § 1512.1 AND ADD A NEW §1512.2 TO TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE FINANCING OF A NEW LANDFILL; TO AMEND §§51504, 51507, AND 51508 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO RECYCLING; TO PERMIT USE OF LOT 439-Rl, SANTA RITA, AS A SANITARY LANDFILL; TO AMEND §2104 OF TITLE 1, GUAM CODE ANNOTATED, RELATIVE TO THE COMMISSION ON DECOLONIZATION; TO AMEND §75102 OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE CHAMORRO LAND TRUST COMMISSION; AND TO AMEND SECTION 8 OF PUBLIC LAW 29-82, RELATIVE TO THE GUAM POWER AUTHORITY LOAN," which I have signed into law on November 25, 2008 as Public Law No. 29-116. · This would allow the Administration to try and get financing for the new landfill. However, I have concerns with the Guatali rider in Bill No. 383 which attempts to rezone the site without a public hearing and by adopting a retracement survey map. Its impact and legality is being reviewed by the Attorney General. Notwithstanding the rider, Bill No. 383 was signed into law in order to comply with the Consent Decree in the District Court of Guam, Sinseru yan Magahet, ~ FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment ;) 7-of-6o/CSV P./ J'l/oV .~Jr I MINA'BENTE NUEBI NA LIHESLATURAN GuAHAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GllAHAN This is to certify that Bill No. 383 (LS), "AN ACT TO AMEND §1512.1 AND ADD A NEW §1512.2 TO TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE FINANCING OF A NEW LANDFILL; TO AMEND §§51504, 51507, AND 51508 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO RECYCLING; TO PERMIT USE OF LOT 439 Rl, SANTA RITA, AS A SANITARY LANDFILL; TO AMEND §2104 OF TITLE 1, GUAM CODE ANNOTATED, RELATIVE TO THE COMMISSION ON DECOLONIZATION; TO AMEND §75102 OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE CHAMORRO LAND TRUST COMMISSION; AND TO AMEND SECTION 8 OF PUBLIC LAW 29-82, RELATIVE TO THE GUAM POWER AUTHORITY LOAN," was on the 21 st day of November, 2008, duly and regularly passed. Judith T. Won Pat, Ed. D. Speaker ose Muna Barnes Senat cretary of the Legislature This Act was received by I Maga'lahen Guahan this £.. \ day of ~ o.J ~ 2008, at \l . -47 -'? o'clock ~ .M. J.. J A P> ~ rfr~ d FELIX P. CAMACHO I Maga'lahen Guahan I - Assistant Staff Officer Maga'lahi's Office Date: .,r Nov,,,,,.,,.. ~ Public Law No. 29-Ub I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 383 (LS) As amended in the Committee of the Whole. Introduced: Committee on Calendar by request of I Maga'lahen Guahan, the Governor of Guam, in accordance with the Organic Act of Guam. AN ACT TO AMEND §1512.1 AND ADD A NEW §1512.2 TO TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE FINANCING OF A NEW LANDFILL; TO AMEND §§51504, 51507, AND 51508 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO RECYCLING; TO PERMIT USE OF LOT 439 Rl, SANTA RITA, AS A SANITARY LANDFILL; TO AMEND §2104 OF TITLE 1, GUAM CODE ANNOTATED, RELATIVE TO THE COMMISSION ON DECOLONIZATION; TO AMEND §75102 OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE CHAMORRO LAND TRUST COMMISSION; AND TO AMEND SECTION 8 OF PUBLIC LAW 29-82, RELATIVE TO THE GUAM POWER AUTHORITY LOAN. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Subsection (i) of §1512.1 of Title 5, Guam Code Annotated, is 3 hereby amended to read: 4 "(i) Use of Proceeds from the Sale of the Bonds. The proceeds 5 from the sale of the bonds shall be used and are hereby appropriated to (i) 6 pay the General Fund expenses described below in this Subsection, (ii) 7 establish necessary reserves, (iii) pay expenses relating to the authorization, 8 sale and issuance of the bonds, including, without limitation, printing costs, 1 1 costs of reproducing documents, credit enhancement fees, underwriting, 2 legal, financial advisory and accounting fees and charges, fees paid to banks 3 or other financial institutions providing credit enhancement, costs of credit 4 ratings and other costs, charges and fees in connection with the issuance, 5 sale and delivery of the bonds, and (iv) fund capitalized interest on the bonds 6 for a period ending not later than thirty (30) months after their issuance. 7 The General Fund expenses authorized to be paid with the proceeds of the 8 bonds are as follows and shall be paid in the following order of priority: 9 (1) Cost of Living Adjustment (COLA) to discharge finally 10 and permanently the obligations of the government incurred pursuant 11 to the settlement agreement entered into between the Government of 12 Guam and the COLA Class as ordered by the Judgment in Rios v. 13 Camacho, Superior Court Case No. SP0206-93: $92,000,000; 14 (2) 2006 and prior year individual and corporate tax refunds 15 including interest, if any, thereon and individual tax refunds shall be 16 paid first: $112,000,000; 17 (3) Health Care Capital Improvement Projects at the Guam 18 Memorial Hospital: $11,000,000; 19 ( 4) amounts past due as contributions to the Government of 20 Guam Retirement Fund, including interest, if any, thereon, on behalf 21 of the following: 22 (a) Guam Memorial Hospital: $14,953,216 23 (b) Guam Public School System: $16,867,640. 24 Total $246,820,856 25 Payments made pursuant to this Subsection shall apply to any other 26 appropriations for the same items and shall not constitute double 27 appropriations. 2 1 Upon the issuance of the bonds authorized by this Section, I 2 Maga 'lahi is authorized to reprogram to pay costs of a new landfill the 3 following amounts from the following priority categories, with the balance 4 of the respective priority category to be used for its original purpose prior to 5 the use of such bond proceeds for the landfill from any subsequent category: 6 (X) up to Seven Million Dollars ($7,000,000) of the amount provided for 7 payment of the COLA, (Y) up to Seven Million Dollars ($7,000,000) of the 8 amount provided for payment of tax refunds, and (Z) up to Six Million 9 Dollars ($6,000,000) from the amount provided for Guam Memorial 10 Hospital; and further provided, that the proceeds of the first revenue bonds 11 or other obligations issued by the government to finance the costs of the new 12 landfill shall be used to reimburse the General Fund, whereupon such 13 reimbursement amounts shall be used to pay the General Fund expenses 14 listed in subparagraphs (1) through (3) of this Subsection in amounts not 15 exceeding the amounts reprogrammed." 16 Section 2. § 1512.2 of Title 5, Guam Code Annotated, is hereby added to 17 read: 18 "§1512.2. Authorization to Enter Into Loan for Landfill Costs. 19 (a) Authorization to Borrow. I Maga'lahen Guahan is authorized to 20 borrow on behalf of the government of Guam as provided in this Section from one 21 ( 1) or more banks or other financial institutions an amount not to exceed the 22 amount necessary to provide Twenty Million Dollars ($20,000,000) for the 23 purpose of financing costs of a new landfill. 24 (b) Terms and Conditions. The terms and conditions of the loan shall 25 be as determined by I Maga 'lahen Guahan by the execution of a loan agreement; 26 provided, however, that the loan: (1) shall be subject to prepayment from the 27 proceeds of the first revenue bonds issued for the landfill, which proceeds may be 3 1 pledged for that purpose; (2) shall not be a general obligation of the government 2 of Guam: (3) shall not also be secured by a pledge of Section 30 revenues; (4) 3 shall, if not paid with the proceeds of revenue bonds, have annual principal 4 payments over the five (5) year period commencing one (1) year after its funding 5 date; ( 5) shall bear interest at such fixed or variable rate or rates as may be 6 negotiated by I Maga 'lahen Guahan in the best interests of the government, such 7 interest rate shall not exceed eight percent (8%) and shall be computed on a three 8 hundred sixty-five (365) day calendar year upon the actual amount extended to the 9 government; ( 6) prepaid charges shall not be levied by the bank or entity for 10 opening a loan or line of credit; and (7) interest derived from the financial 11 agreement shall be exempt from taxation by the government of Guam. 12 (c) Approval by Guam Economic Development Authority. No loan 13 authorized by this Section shall be entered into until the Board of Directors of 14 GEDA has approved the loan by resolution. 15 ( d) Approval of Voters Not Required. The loan shall not be subject to 16 the approval of the voters of Guam. 17 (e) Approval of Loan. I Liheslaturan Guahan, pursuant to §50103(k), 18 Title 12 Guam Code Annotated, hereby approves a borrowing by the government 19 of Guam for the purposes and in the principal amount authorized by this Section 20 provided that the loan is entered into subject to the terms and conditions mandated 21 in this Section." 22 Section 3. §51504 of Chapter 51 of Division 2 of Title 10, Guam Code 23 Annotated is amended to read: 24 "§51504. Administration of the Recycling Revolving Fund. The 25 Administrator shall administer the Fund and shall encumber all amounts 26 available in the Fund as expeditiously as possible for the purposes of 27 assisting and encouraging recycling of recyclable materials. The 4 1 Administrator shall administer the Fund in accordance with this Article to 2 cause the following material/waste to be recycled or otherwise disposed 3 according to the following priority: 4 (a) First Priority - junk vehicles, tires, batteries, waste oil, white 5 goods/appliances, 6 (b) Second Priority - paper, cardboard, plastic, and glass, 7 ( c) Third Priority - other recyclable materials as determined by the 8 Administrator. 9 (d) Not more than one (1) FTE employee at Guam Environmental 10 Protection Agency to administer this Article. 11 In Fiscal Year 2009 the Administrator shall expend monies from the 12 Recycling Revolving Fund to first pay any remaining unpaid debt including 13 any and all prior year obligations related to GSA 038-05 before any other 14 expenditures are made to ensure that all previous accounts have been 15 satisfied accordingly. The Administrator shall then pay current obligations 16 of the Department of Public Works arising from the ongoing Island-Wide 17 Collection and Off-Island Disposal of Abandoned Vehicles, White Goods, 18 Tires, and Batteries program pursuant to GSA Bid No. 038-05. Any 19 remaining unpaid debt shall be assumed by the Administrator. 20 The Administrator, no later than ten (10) days after the end of each 21 fiscal year, shall transfer from the Recycling Revolving Fund three percent 22 (3 % ) of the total amount collected during that fiscal year to fund one ( 1) 23 FTE employee at the Guam Environmental Protection Agency. The Fund 24 shall be subject to audits by the Public Auditor." 25 Section 4. §§51507 and 51508 of Chapter 51 of Division 2 of Title 10, 26 Guam Code Annotated are amended to read: 27 "§51507. Authorization for the Mayors' Council of Guam to 5 1 Contract with Recycling Companies. (a) The Mayors' Council of Guam, 2 in accordance with the applicable procurement laws and with the approval of 3 the Administrator, is authorized to enter into contracts with recycling 4 companies for the collection, recycling, disposal, and processing, or any 5 combination thereof, of automobiles, buses, heavy equipment, trucks, 6 batteries, tires, white goods, and other recyclable materials, and as required 7 by, or in accordance with, Articles 3 and 4 of Title 10 GCA, Chapter 51. 8 (b) At a minimum, the Mayors' Council shall require that all 9 offerors include, as part of their written offers, proof of current approved 10 permits, certification of compliance with Title 10, GCA, Chapter 51 from 11 GEP A and a plan to remove collected recyclable materials, including 12 abandoned vehicles, from Guam's waste stream. Contractors employed 13 under this Section shall perform all work under this Article in compliance 14 with all applicable laws, including those of this Chapter, and the applicable 15 Rules and Regulations of GEPA. 16 ( c) The Guam Environmental Protection Agency shall promulgate 17 the necessary rules and regulations, in accordance with the Administrative 18 Adjudication Law, to properly implement this Article. 19 §51508. Adjustment of Recycling Fees. The Administrator shall 20 review the fee authorized by §51506, supra, every twenty-four (24) months 21 and is authorized to adjust the fee by not more than twenty-five percent 22 (25%) in accordance with the Administrative Adjudication Law." 23 Section 5. (a) Legislative Intent. I Liheslaturan Guahan finds that the 24 legal authority permitting a landfill to be constructed at Guatali pursuant to Public 25 Law 23-95 in that area in central Guam, known as Guatali, located near the old 26 GORCO Oil site must be further clarified due to the parceling of that site as 27 Guatali Parcel A and Guatali Parcel B. The original survey of Lot 439-Rl was 6 1 done in 1968. Since then, the parcel has been divided as follows: 2 (1) Lot Rl4, Tract 2411 (Land Management Office of the Recorder 3 Instrument No. 630801) formerly known as the GORCO Oil 4 5 6 7 8 9 10 1 1 site now known as the Shell Refinery; (2) Parcel A of Lot 439-Rl as described by Doc Nos. 90143 & 115867 with a total area of 809,374.74 square meters, or 80.937 hectares or two hundred (200) acres, now owned by the U.S. Department of Interior, National Park Service (Land Management Office of the Recorder Document Nos. 90143 and 115867) in 2001; and (3) Parcel B of Lot 439-Rl with a total area of 352,872.12± square 12 meters, or 87.20 acres, now owned by the government of Guam 13 Chamorro Land Trust Commission (Land Management Office 14 of the Recorder Doc. No. 503740) in 2001. 15 (b) I Liheslaturan Guahan hereby reaffirms its prior authorization and 16 permitted use of Parcel B of Lot No. 439-Rl, Santa Rita, Guam, containing 17 an area of 352,872.12± square meters as shown on that map recorded at the 18 Office of the Recorder, Department of Land Management, government of 19 Guam on August 8, 2001, under Instrument No. 641990 as a municipal solid 20 waste landfill. 21 Section 6. Nothing in this Act shall be construed to be an acquiescence to 22 or the legislative approval of I Maga 'lahi 's or any other entity's selection of the 23 Layon site as the location for a Municipal Solid Waste Landfill. 24 Section 7. The following is added to 1 GCA §2104 (Commission on 25 Decolonization): 26 "§2104. The Commission shall meet regularly on the first Tuesday of 27 every month at 3 p.m. or more often as determined by the Chairperson of the 7 1 Commission. In the absence of both the Chairperson and the Vice 2 Chairperson from a meeting, a quorum of the members shall select an 3 Acting Chairperson to conduct the meeting until the Vice Chairperson or 4 Chairperson is in attendance. In the absence of a quorum, Minutes shall 5 be prepared by the Executive Director of the Commission indicating the lack 6 of a quorum, the date, and the members in attendance. The Executive 7 Director shall transmit to I Maga 'lahi and I Liheslatura notice of three (3) 8 unexcused absences of any member." 9 Section 8. The following is added to 21 GCA § 7 5102 ( Chamorro Land 10 Trust Commission): 11 "§75102. The Commission shall meet regularly on the third 12 Thursday of every month at 1 p.m. or more often as determined by the 13 Chairperson of the Commission. At its first meeting the Commission shall 14 select a Vice Chairperson who shall conduct the meetings in the absence of 15 the Chairman. In the absence of both the Chairperson and the Vice 16 Chairperson from a meeting, a quorum of the members shall select an 1 7 Acting Chairperson to conduct the meeting until the Vice-Chairperson or 18 Chairperson is in attendance. In the absence of a quorum, Minutes shall be 19 prepared indicating the lack of a quorum, the date, and the members in 20 attendance. Any appointed member of the Commission who fails to attend 21 three (3) consecutive regular meetings, without being excused pursuant to a 22 motion passed by the Commission, shall automatically be disqualified to 23 continue serving in his or her position and the appointing authority shall 24 then be required to appoint a replacement for said member. The Executive 25 Director shall transmit to I Maga 'lahi and I Liheslatura notice of three (3) 26 unexcused absences of any member." 8 1 Section 9. A new Section 16 (c) is hereby added to Section 8 of P.L. 29-82 2 to read as follows: 3 "(c) Notwithstanding any substantive or procedural prov1s10n of 4 Chapter 6 of Title 5 of the Guam Code Annotated, the government of Guam hereby 5 waives immunity from any suit or action in contract on the Loan, but does not 6 waive sovereign immunity as to the personal liability of elected or appointed 7 officials and employees of the government of Guam." 9 Senator Rory J. Respicio Majority Leader and Chairperson, Committee on Calendar & Aget1da I Mina'Bente Nucbi Na Liheslatura11 Guahrm Twenty-Ninth Guam Legislan1rc November 19, 2008 To: Judith T. Won Pat, Ed.D. Speaker RE: Request for Emergency Certification of Bill 383(LS) I am requesting that Bill 383 (LS) be declared an emergency for the purpose of waiving the public hearing requirements. Bill 3 83 (LS), at the request of I Maga 'La hen Guahan, would authorize the government of Guam to secure the financing needed to meet a Consent Decree mandate to deposit $20 million to a trustee designated by the Receiver, Gershman, Brickner & Bratton, Inc . by January 5, 2009. The legislation submitted proposes the reprogramming of deficit financing bond funds and, as an alternative, authorizes the government to acquire a $20 million loan should market conditions prevent bond financing. To ensure that the timelines for meeting this consent decree mandate is met, I am requesting that you declare this bill an emergency for the purposes of waiving the requirements of a public hearing. I look forward to your approval of my request and the swift passage of this legislation. Si Yu'os Ma'ase' ~ Rory J. Respicio Majority Leader e-mail: rjr@itc.nec • Telephone: (671)472-RORY (7679) • f-ax: (671)472-3547 Mailing Ad.dress: 29th Guam Legisbture, 155 Hesler Place, Hog1tfto, Guam 96910 Offioc Location: Suite 205, Ada Plaza Center, 173 Aspinall Avenue, Hagatfia, Guam 96910 November 19, 2008 OFFICE OF THE SPEAKER 29 th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D To: / Mina'Bente Nuebi Na Liheslaturan Guahan RE: Emergency Certification of Bill 383(LS) After careful evaluation for a request to waive the requirements for a public hearing on bill 383(LS); Bill No. 383 {LS} By request of I Maga'lahen Guahan in accordance with the Organic Act of Guam. - An act to amend 5 GCA § 1512.1, Relative to the authorization to issue bonds and bond anticipation notes for deficit financing. I certify, pursuant to 2 GCA §2103, that an emergency condition exists and that the requirements for a public hearing on bill 383(LS) is accordingly waived. Senseramente, Judith T. Won Pat, Ed.D. Speaker cc: Clerk of the Legislature 253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 • FAX: (671) 472-3589 EMAIL: INFO@JUDIWONPAT.COM