Commonwealth Comprehensive Infrastructure Plan Act of 2006 (P. L. 15-42)

Benigno R. Fitial Governor GOV. COMM. /5.. Iq~ (H~SE) • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Timothy P. Villagomez Lieutenant Governor JAN 11 2DD7 The Honorable Joseph M. Mendiola Senate President, The Senate Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Oscar M. Babauta Speaker, House ofRepresentatives Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law House Bill 15-87, HD 1, SD2 entitled, "To create a multi-government agency and community task force to develop and implement a Commonwealth Comprehensive Infrastructure Plan; and for other purposes," which was passed by the Fifteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 15-42. Copies bearing my signature are forwarded for your reference. OR. FITIAL cc: Special Legal Counsels, Office of the Governor Legal Counsel, Office ofthe Lt. Governor Attorney General, Office ofthe Attorney General Executive Director, Commonwealth Utilities Corporation Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-22 11/2311 Secretary, Department of Public Works Secretary, Department ofCommunity and Cultural Affairs Secretary, Department ofFinance Coastal Resources Management Office Director, Division ofEnvironmental Quality Special Assistant, Office ofManagement and Budget Director, Historic Preservation Office Secretary, Department ofPublic Lands Executive Director, Commonwealth Ports Authority Secretary, Department ofCommerce Washington Representative Public School System Saipan Rotary Club Pacific Telecommunications Inc. Saipan Chamber ofCommerce Strategic Economic Development Council All Department and Activity Heads All Mayors All Municipal Councils Senior Policy Advisor Special Assistant to the Administration Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 'Ihe House of~resentattVeS NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 SAIPAN, MP 96950 December 7, 2006 The Honorable Timothy P. Villagomez Acting Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Acting Governor Villagomez: PUBLIC LAW NO. 15-42 I have the honor of transmitting herewith for your action H. B. No. 15-87, HD1, SD2, entitled: "To create a multi-government agency and community task force to develop and implement a Commonwealth Comprehensive Infrastructure Plan; and for other purposes." The Bill was passed by the House of Representatives and the Senate of the Fifteenth Northern Marianas Commonwealth Legislature. Sincerely yours, ) Attachment BOUSE OF REPItESEN'rJlTIVES FIF'1'EENTB NOR'I'IIERN MuuNu COMMONWE&L'I'R LEGISLATURE lHIRD DAY, SECOND REGULAR SESSION, 2006 PUBLIC LAWiNO. 15-42 H. B. No. 15-87, HD1, SD2 AN ACT To create a multi-government agency and community task force to develop and implement a Commonwealth Comprehensive Infrastructure Plan; and for other purposes. In the HOUSE OF REPRESENTATIVES Offered by Representative: Absalon V. Waki, Jr. Date: February 28, 2006 Referred to: Committee on Ways and Means; and Committee on Public Utilities, Transportation and Communications Public Hearing: None Standing Committee Report: None Passed First Reading on May 19, 2006; Final Reading on August 8, 2006 Accepted Senate Amendments on November 24, 2006 In the SENATE Referred to: Committee on Fiscal Affairs Public Hearing: None Standing Committee Report: None Passed Final Reading on October 19, 2006 HOOSE OF REPRESENTATIVES FIFTEENTH NORTHERN MARIANAS CoMMoNwEALTH UGISLATIJRE FIFm SPECIAL SESSION, 2006 PUBLIC LAW NO. 15-42 H. B. No. 15-87, HDl, SD2 AN ACT To create a multi-government agency and community task force to develop and implement a Commonwealth Comprehensive Infrastructure Plan; and for other purposes. BE IT ENACTED BY THE FIFfEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Short Title. This Act may be cited as the "Commonwealth 2 Comprehensive Infrastructure Plan Act of 2006." 3 Section 2. Findings and Purpose. The Legislature finds that multiple government 4 agencies and private entities are tasked with developing, constructing, and maintaining the 5 Commonwealth's infrastructure, which include among other things, roads and highways, 6 airports, seaports, power, water, sewer, telephone services, and radio and television 7 broadcasts. However, these government agencies and private entities concentrate mainly on 8 their infrastructure rather than work towards a comprehensive "city" infrastructure plan. For 9 example, the Department of Public Works focuses solely on roads and highways while the 10 Commonwealth Utilities Corporation concentrates on power, water, and sewer projects, 11 which are often constructed under existing roads and highways. Pacific Telecom, Inc. and 12 the Marianas Cable Vision provide telephone services and television broadcasts, respectively, 13 without much intervention and participation from the government. 14 The Legislature finds that government agencies and private entities tasked with 15 developing and maintaining the infrastructure of the Commonwealth must work cohesively to 16 improve, enhance, expand, and expedite such development for the benefit of the people. The 17 Legislature further finds that the Commonwealth could save money by combining capitol 18 improvement projects for different agencies. These savings could be used for other much 19 needed infrastructure projects or to expand existing projects. PUBLIC LAW NO. 15-42 HOUSE BILL No.15-87, HOI, SD2 1 The Legislature further finds that several government agencies presently have 2 engineers and planners that could assist the task force in developing a comprehensive 3 infrastructure plan. The task force should use existing infrastructure plans, if any, to develop 4 a comprehensive infrastructure plan. The purpose of this Act is to mandate that a multi 5 government agency and community task force ("task force") be created to develop a 6 comprehensive infrastructure plan for the Commonwealth. 7 Section 3. Establishment of a Commonwealth Comprehensive Infrastructure 8 Plan Task Force. 9 (a) There is hereby established a Commonwealth Comprehensive 10 Infrastructure Plan Task Force (hereinafter referred to as "the Task Force"), whose 11 members are as follows: 12 (1) The Department of Public Works; 13 (2) The Commonwealth Utilities Corporation; 14 (3) The Coastal Resources Management Office; 15 (4) The Division of Environmental Quality; 16 (5) The CIP Management Office; 17 (6) The Office ofManagement and Budget; 18 (7) The Historic Preservation Office; 19 (8) The Department of Public Lands; 20 (9) The Commonwealth Ports Authority; 21 (10) The Department of Commerce; 22 (11) Office of the Mayors of Saipan, Rota, Tinian and Aguiguan, and the 23 Northern Islands; 24 (12) Resident Representative to the U.S.; 25 (13) The Public School System; 26 (14) The Saipan Zoning Board; 27 (15) The Chamber of Commerce; Page 2 PUBLIC LAW NO. 15-42 HOUSE BILL No. 15-87, HD1, SD2 1 (16) Saipan Rotary Club; 2 (17) The Pacific Telecom, Inc; 3 (18) The Marianas Cable Vision; 4 (19) Strategic Economic Development Council; and 5 (20) Department of Finance. 6 (b) The Chairperson shall be the appointee of the House of 7 Representatives and shall schedule and preside over meetings of the Task Force. The 8 Task Force may adopt rules and operating procedures in order to facilitate its work 9 without regard to the provisions of 1 CMC Division 9, Chapter 1, the Administrative 10 Procedure Act. The Task Force may solicit written comments regarding proposals, 11 and may hold public hearings on proposed draft legislation. 12 Section 4. Quorum. Ten members shall constitute a quorum for the transaction of 13 all business of the Task Force, and all matters shall be decided by a majority of those present 14 and voting, except that the concurrence of at least ten members shall be necessary for the 15 adoption of any report required to be transmitted pursuant to this Act. Voting by proxy shall 16 not be permitted. 17 Section 5. Compensation. Members of the Task Force shall serve without 18 compensation, but shall be reimbursed for reasonable and necessary expenses incurred in the 19 performance of their duties. Cost of such reimbursement may be born by the Executive 20 Branch upon request ofthe Task Force. 21 Section 6. Duties of the Task Force. The Task Force shall have the following 22 duties: 23 (a) review and develop a comprehensive infrastructure plan for the 24 Commonwealth; 25 (b) recommend and draft legislation necessary to implement such plan; and 26 (c) report its findings and recommendations to the legislature within SIX 27 months after the appointment of all twenty-four (24) members. Page 3 PUBLIC LAW NO. 15-42 HOUSE BILL No. 15-87, HD1, SD2 1 If the Task Force finds that additional time is necessary or required to submit its 2 findings and recommendations to the legislature, the legislature may extend the time by joint 3 resolution upon request of the Task Force. 4 Section 7. Staffmg. Reasonable staff support shall be provided by the Department of 5 Public Works, the Commonwealth Utilities Corporation, and the Offices of the Governor and 6 Lt. Governor, upon request by the Task Force. The Task Force shall work with federal 7 officials or other professionals, who may provide the Commonwealth with the technical 8 assistance in the area of infrastructure planning. In the event technical assistance grants, or 9 other funding becomes available for purposes related to this act, the Task Force may contract 10 with the private vendors for staff and consulting services as it deems necessary. The 11 contracting officer and expenditure authority of the Task Force shall be the chairperson. 12 Section 8. Tenure. This Task Force shall come into existence upon the enactment of 13 this Act, and shall cease to exist after submitting its final report, recommendations and draft 14 legislation to the legislature. 15 Section 9. Savings Clause. This Act and any repealer contained herein shall not be 16 construed as affecting any existing right acquired under contract or acquired under statutes 17 repealed or under any rule, regulation or order adopted under the statutes. Repealers 18 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 19 The enactment of this Act shall not have the effect of terminating, or in any way modifying, 20 any liability civil or criminal, which shall already be in existence at the date this Act becomes 21 effective. 22 Section 10. Severability. If any provision of this Act or the application of any such 23 provision to any person or circumstance should be held invalid by a court of competent 24 jurisdiction, the remainder of this Act or the application of its provisions to persons or 25 circumstances other than those to which it is held invalid shall not be affected thereby. Page 4 Ii ·' •PUBLIC LAW NO. 15-42 HOUSE BILL No. 15-87, HD1, SD2 I Section 11. Effective Date. This Act shall take effect upon its approval by the 2 Governor or becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: ~c?j~ ? EVi&N~-IN-G HOUSE CLERK , 2-666 -on this GNO R. FITIAL GOVERNOR COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page 5