Public Law 28-171 - An Act To Repeal And Reenact Article 5 Of Chapter 51 Of Division 2 Of Title 10, Guam Code Annotated Relative To Changing The Recycling Revolving Fund And Recycling Fees

P.O. Box 2950 Hagatfia, Guam 96932 TEL: (671) 472-8931 • FAX: (67i) 477-4826 • EMAIL: govemor®mail.gov.gu Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor The Honorable Mark Forbes SJ?eaker Mina' Bente Nuebe Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Mr. Speaker: o 1 FEB 2007 Transmitted herewith is Bill No. 232(EC), "AN ACT TO REPEAL AND REENACT ARTICLE 5 OF CHAPTER 51 OF DIVISION 2 OF TITLE 10, GUAM CODE ANNOTATED RELATIVE TO CHANGING THE RECYCLING REVOL YING FUND AND RECYCLING FEES" which I signed into law on January 29, 2007, as Public Law 28-171. ~ yan Magdhet, FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy attached of signed bill cc: The Honorable Ray Tenorio Senator and Secretary of the Legislature ca--so~ roof FEB O 5 2007 Rl!:a:IVED BY O 1l)l!& s "o 'S~ o /J3 I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2006 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAFlAN i This is to certify that Substitute Bill No. 232 (EC), "AN ACT TO REPEAL AND REENACT ARTICLE 5 OF CHAPTER 51 OF DIVISION 2 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO CHANGING THE RECYCLING REVOLVING FUND AND RECYCLING FEES," was on the 29th day of December, 2006, duly and regularly passed. Attested: 4L : Edward J.B. Calvo Sen~tor and Secretary of the Legislature This Act was received by I Maga'lahen Guiihan this )-. 2:P o'clock.-f2-.M. Date: 2 9 JA.N 2007 Public Law No. 28-171 Mark Forbes Speaker 3:o day of :P(l,<-- , 2006, at ISaffOfucer Maga'lahi' s Office MINA'BENTE OCHO NA LIHESLATURAN GU.A.HAN 2005 (FIRST) Regular Session Bill ~o. 232 (EC) As substituted by the Committee on Natural Resources, Utilities and Micronesian Affairs and ' amended. Intro,duced by: J. M.S. Brown F. B. Aguon, Jr. Edward J.B. Calvo B. J.F. Cruz Mike Cruz Mark Forbes L. F. Kasperbauer R. Klitzkie J. A. Lujan A. B. Palacios, Sr. R. J. Respicio Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO REPEAL AND REENACT ARTICLE 5 OF CHAPTER 51 OF DIVISION 2 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO CHANGING THE RECYCLING REVOLVING FUND AND RECYCLING FEES. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 ' Section 1. Legislative Findings and Intent. / Liheslatura finds that P. L. 3 25-175, which approved the Solid Waste Management Plan, imposes disposal fees on 4 automobiles and white goods in order to fund the recycling and disposal thereof. I 5 Subsequent mandates have been enacted- P. L. 27-38, 27-148, 28-05, and 28-58 - to 1 1 conf~rm to the intent of the Solid Waste Management Plan, which is to reduce the 2 island's solid waste stream through responsible methods such as recycling in order to 3 extend the lifespan of the planned new sanitary landfill. 4 · I Liheslatura further finds that while P.L. 27-38 established the Recycling 5 Revqlving Fund, P.L. 27-148, 28-07 and 28-58 were subsequently passed to address 6 complexities manifested during implementation. The law created a cumbersome 7 process as well as unfunded administrative costs associated with fee collection. I 8 Lihes latura also finds that there was a desire and a recommendation put forth from 9 the c;ommunity to have the fee assessed as a single charge. 10 ' Section 2. Repeal and Reenact Article 5, Chapter 51, Division 2 of Part 2 ' 11 of Title 10, Guam Code Annotated. Article 5 of Chapter 51 of Division 2 of Part 2 12 of T)itle 10, Guam Code Annotated is hereby repealed and reenacted to read as 13 follows: 14 "Article 5 15 §51$01. Definitions. 16 §51502. Recycling Revolving Fund. 17 §51~03. Continuing Appropriation. 18 §51504. Administration of the Recycling Fund 19 §51505. Levy and Collection of Recycling Fees. 20 §51506. Recycling Fees. 21 §51?07. Authorization for Department of Public Works ("DPW") to contract 22 23 §51508. with recycling companies. Adjustment of Recycling Fees. 24 §51501. Definitions. As used in this Article, and except as otherwise provided, 25 the following words and phrases shall mean: 2 1 1 (a) 'Administrator' shall mean the Administrator of the Guam 2 Environmental Protection Agency, or his designee. 3 (b) 'DPW' shall mean the Department of Public Works. 4 (c) 'Director' shall mean the Director of the Department of Public Works. 5 ( d) 'Enameled white goods' shall mean appliances for home or commercial 6 use including, but not limited to, refrigerators, water heaters, air conditioners, 7 washers, dryers, and stoves. 8 ( e) 'GEP A' shall mean the Guam Environmental Protection Agency. 9 (f) 'Gross Vehicle Weight' or 'Gross Vehicle Weight Rating' means the 10 value specified by the manufacturer as the loaded weight of a single vehicle. 11 (g) 'Heavy Equipment' shall mean any equipment, motor vehicle or motor 12 carrier, or non-road motor vehicle with a gross weight or gross vehicle weight 13 of five (5) tons or more. 14 (h) 'Junk Vehicle' means a motor vehicle, regardless of operating condition, 15 that the registered owner has declared to have no value or no use, or that is 16 abandoned by being placed, discarded, or disposed of on public or private 17 property without approval by owners of said property for more than seven (7) 18 calendar days, or that is no longer registered in accordance with Chapter 7 of 19 Title 16 GCA. 20 (i) 'Motor Vehicle' or 'motorized vehicle' shall mean automobiles, 21 automobile trucks, automobile wagons, buses, trucks, motorcycles or other self 22 · propelled wheeled conveyances that are primarily for use on Guam's public 23 streets, roads, and highways that are required to be registered with the Motor 24 Vehicles Division, Department of Revenue and Taxation, Government of 25 Guam. 3 1 . (j) 'Municipal Solid Waste' is a subset of solid waste and is defined as 2 durable goods (e.g., appliance, batteries, tires), nondurable goods (e.g., 3 newspapers, books, magazines), containers and packaging, food wastes, yard 4 trimmings, and miscellaneous organic wastes from residential, commercial, 5 and industrial non-process sources. 6 (k) 'Recyclable materials' means materials which still have useful physical 7 or chemical properties after serving a specific purpose for the same or other 8 purpose. Recyclable materials are as follows: 9 (1) batteries (i.e., lead-acid, portable computer batteries, 10 nickel-cadmium, sealed types for power backup); 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) automobiles, buses, and trucks or any motor vehicle; (3) tires (passenger/commercial); (4) enameled white goods; ( 5) home appliances ( other small appliances that are not considered enameled white goods); ( 6) glass and plastic bottles; (7) foam padding; (8) lead; (9) metals (ferrous/non-ferrous); (10) organic material (i.e., tree trimmings, palm fronds, grass, food waste, soiled cardboard); (11) paper products; (12) wood pallets and scrap wood; (13) construction and demolition debris ('C&D'); (14) x-ray film; 4 1 2 3 4 5 6 7 8 (1) (15) automobile oil and fluids; (16) freon and other refrigerant gases; (17) electronic waste (i.e., computers, circuit boards, televisions, and portable phones); (18) heavy equipment;. and (19) other recyclable materials deemed recyclable by GEPA pursuant to its rules and regulations. 'Recycle or Recycling' means a method by which recovered resources 9 are converted for use as raw materials or feedstock to make new products, as 10 defined in §51102 (35) of Chapter 51 of Title 10 GCA. 11 (m) 'Recycling Company' shall mean any business licensed by the 12 Department of Revenue and Taxation, and permitted, as required in §51104 of 13 Chapter 51 of Title 10 GCA, by the Guam Environmental Protection Agency . 14 to conduct business on Guam. 15 (n) 'Recycling Facility' shall mean all contiguous land, structures, and other 16 appurtenances, and improvements on land used for the collection, separation, 17 recovery, and sale or reuse of recovered resources that would otherwise be 18 disposed of as municipal solid waste, and is an integral part of a 19 manufacturing process aimed at producing a marketable product made of post 20 consumer material. 21 ( o) 'Recycling fee' shall mean an annual fee levied upon the registered 22 owner of a motor vehicle to assist in the recycling and disposal of motor 23 vehicles and other recyclable materials in accordance with this Article. 24 §51!502. Recycling Revolving Fund. There is hereby created the Recycling 25 Revolving Fund ("Fund"), which shall be maintained separate and apart from any 5 1 othe11 funds, including the General Fund of the government of Guam, and independent 2 recozjds and accounts shall be maintained thereof. All revenue generated from 3 recy6ling fees collected pursuant to this Article, including interest earned, shall be I 4 depo:sited into the "Recycling Revolving Fund", hereinafter in this Article referred to 5 as th~ "Fund". 6 §51503. Continuing Appropriation 7 All revenues from the Recycling Revolving Fund are hereby appropriated to 8 the I;>epartment of Public Works to fund costs associated with the administration and 9 impl~mentation of this Article. ! 10 §51~04. Administration of the Recycling Revolving Fund. i 11 ! The Director of Public Works shall administer the Fund and shall encumber all 12 amoµnts available in the Fund as expeditiously as possible for the purposes of 13 assi;ting and encouraging recycling of recyclable materials. The Director shall ! 14 administer the Fund in accordance with this Article to cause the following I ' 15 material/waste to be recycled or otherwise disposed according to the following 16 priority: 17 (a) First Priority - junk vehicles, tires, batteries, waste oil, white 18 goods/appliances, 19 (b) Second Priority- paper, cardboard, plastic, and glass, 20 ( c) Third Priority - other recyclable materials as determined by the Director. 21 (d) Not more than one (1) FTE employee at Guam Environmental Protection 22 Agency to administer this Article. 23 1 The Director of Public Works, no later than ten (10) days after the end of each 24 fisc~l year, shall transfer from the Recycling Revolving Fund three percent (3%) of 25 the total amount collected during that fiscal year to fund one (1) FTE employee at the 6 1 2 3 4 5 6 7 8 9 10 11 12 13 Gumµ Environmental Protection Agency. The Fund shall be subject to audits by the Public Auditor. §515;05. Levy and Collection of Recycling Fees. The Director of Revenue and Taxation is hereby authorized to levy a Recycling Fee on individuals who are rene~ing their annual motor vehicle registration with the Department of Revenue and ' Taxdtion Division of Motor Vehicles, through the vehicle registration system. The Direptor of Revenue and Taxation shall collect the Recycling Fees mandated by this Article and transmit the fees to the Director of DPW for deposit in the Recycling ' Revolving Fund. §51506. Recycling Fees. The Recycling Fees authorized in §51505 are hereby imposed as follows: : (a) Twenty Five Dollars ($25.00) annually for each automobile, bus and truck registered by the Department of Revenue and Taxation through the 14 annual vehicle registration system. 15 (b) Three Dollars ($3. 00) for each motorcycle and trailer registered by the 16 Department of Revenue and Taxation through the annual vehicle 17 registration system. 18 (c) Thirty Dollars ($30.00) for each piece of heavy equipment registered by 19 20 21 §511501. the Department of Revenue and Taxation through the annual vehicle registration system. Authorization for DPW to Contract with Recycling Companies. 22 (a) DPW is authorized~ in accordance with the applicable procurement laws, to 23 ent~r into contracts with recycling companies for the collection, recycling, disposal, 24 and processing, or any combination thereof, of automobiles, buses, heavy equipment, 25 truGks, batteries, tires, white goods, and other recyclable materials, and as required 7 1 by, or in accordance with, Articles 3 and 4 of Title 10 GCA, Chapter 51. The Director 2 of DPW shall submit any proposed Requests for Proposals to I Liheslaturan Guahan 3 within three (3) months of the enactment hereof. 4 (b) At a minimum, the Director of Department of Public Works shall require 5 that :all offerors include, as part of their written offers, proof of current approved 6 permits, certification of compliance with Title 10 GCA Chapter 51 from GEP A and a 7 plan\ to remove collected recyclable materials, including abandoned vehicles, from 8 Guai;n's waste stream. Contractors employed under this Section shall perform all 9 wor~ under this Article in compliance with all applicable laws, including those of this 10 Chapter, and the applicable Rules and Regulations of GEP A and DPW. 11 ( c) DPW shall promulgate the necessary rules and regulations, in accordance 12 with the Administrative Adjudication Law, to properly implement this Article. 13 §51508. Adjustment of Recycling Fees. 14 The Director shall review the fee authorized by §51506, supra, every twenty 15 four (24) months and is authorized to adjust the fee by not more than twenty-five 16 percent (25%) in accordance with the Administrative Adjudication Law." 8