GuamBill No. 135-38 (COR)38th Guam Legislature (2025-2026)legislatureWALLET

AN ACT TO AMEND THE CHAMORRO LAND TRUST LEASE AGREEMENT WITH THE GUAM INTERNATIONAL COUNTRY CLUB, INCORPORATED.

Sponsored By: Joe S. San Agustin (Democrat)

Became Law

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 4 costs, 1 mixed.

Solar lease: pay rent up front

If Lot 10122-12 is used for solar, the lessee must prepay the net present value (NPV) of all future rent. An MAI appraiser chosen by CLTC sets the NPV, and the lessee pays the appraisal fee. The NPV is at least $9 million, and CLTC may require at least $9.5 million. Pay 10% within 30 days after signing a power purchase agreement with GPA, and 90% within 30 days after first power delivery. Monthly rent continues until the NPV is fully paid. Rent escalates 12% every five years for the extended term, which CLTC may apply beginning February 1, 2028.

Allow solar use and extend lease

The law allows solar generation, storage, and transmission on Lot 10122-12. The lease runs through January 31, 2055, with up to two extra years if needed for regulatory, construction, or power‑authority timing. When the site is used for solar, the golf‑course operation rule is waived. If GICC chooses not to use the land for solar, the solar sections are void and the property stays a golf course under the original lease. CLTC can swap in other trust lots for the solar farm with approval from the Legislature and the lessee. The Legislature ratifies the 2014 lease and any amendments made under this Act.

Prepaid rent funds CLTC housing sites

CLTC may use up to $9 million in prepaid lease money for trust property development. Funds can pay for surveying, roads, water, power, facility renovations, engineering, and permits. CLTC sets priorities. Immediate focus is Tract 10123 in Yigo (about 166 lots) and Tract 319 Unit 3 in Agat (about 211 lots).

Stronger bond, tax, and payment conditions

The lease changes take effect only after GICC pays any deferred pandemic rent in advance. GICC must settle any outstanding rent and real property taxes by October 2026. GICC must provide a monetary guarantee sized to cover equipment removal and site restoration and secure a performance or surety bond naming CLTC as beneficiary. If these conditions are not met, the amendments and extensions are void.

Tougher environmental rules for solar project

All solar components must be PFAS‑free. At lease end, the lessee must remove and recycle the equipment; disposal in Guam landfills is not allowed. Builders and operators must follow building codes and federal environmental laws, such as the ADA, Clean Water Act, Clean Air Act, NEPA, RCRA, and endangered‑species rules. Willful or negligent violations are a breach of the lease. Within 30 days after any solar parts are taken out of service, GICC must report what was removed and how it was disposed to Guam EPA, CLTC, the Speaker, and the Governor.

Annual report of GICC tax credits

By June 30 each year, GICC must report the total income tax credits it claimed for the prior tax year. The report goes to CLTC, the Speaker of I Liheslaturan Guåhan, and I Maga'håga Guåhan.

Clubhouse set aside for CLTC use

If the site is used for solar, the clubhouse and about five surrounding acres are set aside for CLTC’s exclusive use and made a separate lot. The parcel is removed from GICC’s leased premises to support renovation financing. GICC maintains the facilities, and when the clubhouse is dedicated for CLTC use, CLTC pays the overhead maintenance costs.

Sponsors & Cosponsors

Sponsor

  • Joe S. San Agustin

    Democrat • legislature

Cosponsors

  • Eulogio Shawn Gumataotao

    Republican • legislature

  • William A. Parkinson

    Democrat • legislature

Roll Call Votes

All Roll Calls

Yes: 0 • No: 0

legislature vote 10/3/2025

Floor Vote

Yes: 0 • No: 0

Actions Timeline

  1. Referred to committee

    5/6/2025legislature
  2. Introduced as Bill No. 135-38 (COR)

    5/6/2025legislature
  3. Enacted into law

    Governor
  4. Transmitted to Governor

    legislature
  5. Committee report filed

    legislature

Bill Text

  • Introduced

    5/6/2025

  • Committee Report

  • Enrolled (Public Law)

  • Transmittal

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