Title 12 — Autonomous Agencies

The Task Force shall develop recommendations summarizing the best path forward in developing a new public hospital facility through a purchase agreement, municipal lease program, public-private partnership, or other financing option determined to be most beneficial to the taxpaye…

(a) The Task Force shall file quarterly reports with I Liheslaturan Guåhan detailing the progress of the development of the recommendations. (b) The Task Force shall file a complete and detailed written report quarterly with I Maga’hågan/Maga’låhen Guåhan and the Speaker of I Lih…

I Liheslaturan Guåhan hereby finds and declares: (a) that there is a need to enhance economic activity on Guam by attracting financial, transshipment, telecommunications, manufacturing, assembly, industrial, aviation and other activities conducive to economic development and prom…

Upon the enactment of this Article, the Guam Economic Development Authority (>Corporation=) is hereby constituted as the Reuse Planning Committee and as the Local Redevelopment Authority to carry out both planning for the reuse of closed military bases, which are made available a…

The Corporation, in its capacity as the Reuse Planning Committee shall include but are not limited to the following: (a) Creation of a three (3) year economic redevelopment or reuse plan. (b) Creation of an annual business plan. (c) Conducting community outreach activities which …

For purposes of this Article, (a) Military Base means a DOD military Installation in Guam that is scheduled for closing or is to be completely or partially closed, as a result of the BRAC §95 recommendations. (b) Military Base Property means real and personal property that is cur…

The Corporation shall delegate to PAG and/or the Guam Steering Committee all planning and management activities and responsibilities to such Military Bases and Military Base Property as will be leased and/or acquired by PAG. In connection with any such delegation, the Corporation…

The enumerated powers of the Corporation shall include, but not be limited to, those powers delegated by this Article. Such powers shall include the power to: (a) investigate, study and survey the area surrounding, and the real property and structures that are part of a military …

In determining what implied powers the Committee has under §2965 herein, it shall be clearly understood the Committee shall not have the following powers: (a) Taxation. (b) Condemnation or eminent domain. COL120106 OF FORMER MILITARY BASES (c) Creation of general obligation debt.…

The Corporation will enter into interim leases for early transfer of all or a portion of military base properties, parcels or buildings suitable for leasing which can be used for redevelopment purposes, and provide job opportunities prior to the military’s departure from a milita…

The Corporation shall maintain an asset inventory list for any and all real or personal property acquired by the Corporation by lease, purchase, donation or federal conveyance. This list shall designate how the asset was acquired, the date of acquisition, and the date of any sale…

The Corporation shall obtain planning funding from the DOD Office of Economic Adjustment and thereafter shall obtain implementation funding from various sources such as the Economic Development Administration of the U.S. Department of Commerce and other various DOD conversion pro…

The Corporation shall work with the Department of Public Works, the Guam Mass Transit Authority, the Public Utility Agency of Guam, Guam Power Authority, Guam Telephone Authority, and PAG, as appropriate, to improve access to a site in order to make it competitively marketable.

The Corporation shall approve proposed new boundaries at Port Authority of Guam and the inner Apra Harbor, respectively,. subject to approval of I Liheslaturan Guåhan. SOURCE: Amended by P.L. 25-167:5.

The Corporation shall develop a plan for marketing the site, or sites, in order to attract the desired types of economic activities, using existing marketing structures, including the Guam Chamber of Commerce,. subject to approval of I Liheslaturan Guåhan. SOURCE: Amended by P.L.…

The Corporation shall submit to the Governor any reuse plan completed and adopted by the Committee. Upon approval, the Governor shall transmit the proposed reuse plan to the Legislature for review and approval by statute within 60 calendar days of receipt by the Speaker. If the L…

The Corporation shall work with representatives of the Port Authority of Guam (>PAG=) to identify military base property which should be acquired by PAG for the further development, improvement, operation and expansion of Guam’s civilian sea ports, including property needed to de…

COL120106 OF FORMER MILITARY BASES The Corporation shall submit to the appropriate military branch each reuse plan approved by the Governor in time to become the "preferred action" for the Base closure environmental impact statement. ---------- COL120106

There is established an elected Consolidated Commission on Utilities whose purpose is to exercise powers vested in them by the laws establishing the Guam Power Authority (‘GPA’) and the Guam Waterworks Authority (‘GWA’). The Consolidated Commission on Utilities, hereinafter refer…

The Commission shall be comprised of five (5) Commissioners elected at-large by the voters of Guam in a General Election. To be eligible to be a Commissioner, a person must be a registered voter of Guam and a minimum of twenty-five (25) years of age, and shall have been a residen…

The Office of Commissioner is a non-partisan office. Candidates for the Office of Commissioner shall not identify themselves as members of any political party on Guam for the purpose of their campaign, nor shall they receive any endorsement or material support from any political …

(a) Except as provided in § 79105 and in Subsection (b) of this Section, each Commissioner shall be elected to serve a term of four (4) years, commencing on the First (1st) day of January following their election. (b) The first election for members of the Commission shall occur d…

Commissioners and candidates for the Office of Commissioner shall be subject to the same reporting requirements pertaining to their campaign contributions and expenditures as apply to candidates and members of I Liheslaturan Guåhan [the Legislature]. Commissioners COL1222014 and …

(a) A permanent vacancy in the Office of a Commissioner shall be filled as follows: (1) If the vacancy to be filled is for twelve (12) months or more, the vacancy shall be filled by the next highest vote-getter in the last General Election for Commissioner. (2) If the vacancy to …

Commissioners shall be compensated at the rate of One Thousand Dollars ($1,000.00) per month for their services. All funds required for the operations of the Commission shall be obtained by subscription from the Authorities administered by the Commission, pursuant to such formula…

The Chairperson of the Consolidated Commission on Utilities, upon his or her own initiative, upon the request of any member of the Commission, or upon the request of any party before the Commission, may summon in writing any person to attend before a meeting of the Commission as …

(a) Within ninety (90) days of the enactment of this Section, the Commission shall adopt a policy, via Board Resolution, that establishes the acceptance, review, distribution, and resolution of consumer complaints filed with either the Guam Power Authority or the Guam COL1222014 …

Service. The Corporation shall promote and enhance the development of commuter air service and the development of incidental and related facilities for the development of Guam=s commuter air service infrastructure. Commuter Air Service for the purposes of this Act is defined as a…

Air Service Development. Except as otherwise provided by law, the Corporation is authorized and empowered to carry out the purposes of this Chapter. It is expressly authorized to: (a) assist persons interested in establishing or expanding commuter air service, and related facilit…

Service Facilities. Upon request by the Board, the Governor, with the consent of I Liheslaturan Guahan [the Legislature], may convey in fee simple tracts of government-owned land suitable for development of air service facilities in accordance with this Chapter. If the government…

There is authorized to be appropriated to the Corporation, from time to time, such sums as may be necessary to enable the Corporation to accomplish the purpose of this Chapter.

The Corporation may receive donations of money which shall be expended to carry out the purposes of this Chapter. Donors incurring a tax obligation to the government of Guam under the Business Privilege Tax (Article 2, Chapter 26 of Title 11 of the Guam Code Annotated) or an inco…

Taxes levied and collected in Title 11, Chapter 28, to the extent of the rate imposed under §28104 and collected under 11 GCA §28105, shall be credited to the >Customs, Agriculture and Quarantine Inspection Services Fund= each fiscal year necessary to fund inspection costs at the…

In its recommendation of specific exemptions and tax benefit, the Authority shall require the following as terms and conditions to such benefit and exemptions: (1) Percentage of Investment. Limiting the tax benefits and exemptions to a percentage of the capital investment in Guam…

(a) To qualify for any tax exemptions or benefits provided for in this Chapter, the Beneficiary must be a resident business enterprise. AResident business enterprise,@ as used in this Subsection, means a business concern which is all of the following: (i) at least seventy-five pe…

This Chapter may be cited as the Guam Economic Development Authority Tobacco Settlement Revenue Bond Act.

I Liheslaturan Guåhan [The Guam Legislature] hereby incorporates by reference and reiterates the findings made in Public Law Number 25- 187 concerning the sale and securitization of the tobacco settlement payments allocable to Guam under the Master Settlement Agreement between th…

As used in this Chapter, the following words and phrases are defined to mean: (a) Authority means the Guam Economic Development and Commerce Authority, as established by Chapter 50 of this Division. (b) Board means the Board of Directors of the Authority. (c) Bonds means bonds, n…

(a) The tobacco receipts due to the government after April 10, 2001 under the Master Settlement Agreement, and the government=s right to be paid tobacco receipts after April 10, 2001, under the Master Settlement Agreement, are hereby irrevocably and absolutely assigned to the Aut…

COL05272011 3 (a) In addition to the powers contained elsewhere in this Division, the board has all power necessary, useful or appropriate to administer the functions of the Authority under this Chapter and to effectuate the purposes of this Chapter, including, but not limited to…

(a) The Authority may issue bonds, from time to time, for the purposes and in the manner provided in this Chapter. The Authority may issue bonds to refund all or any portion of bonds previously issued under this Chapter. COL05272011 5 (b) All bonds must be payable solely from and…

COL05272011 7 All funds and accounts of the Authority established pursuant to this Chapter shall be held and maintained separately from all other funds, properties, assets and accounts of the Authority, the government and its other agencies.

During the period of time that any bonds issued under this Chapter are outstanding, the government may not agree to the amendment of the Master Settlement Agreement without the approval of the Authority; and this restriction on amendment of the Master Settlement Agreement is a pa…

Protected. The government pledges and agrees with the Authority and the holders of the bonds, that the government shall not limit or alter the rights of the Authority to fulfill the terms of its agreements with such holders, and shall not in any way impair the rights and remedies…

No person acting under any provision of law or principle of equity shall be permitted in any way to impede, or in any manner interfere with: (a) the full and timely payment of principal, interest and premiums on or purchase price of bonds issued under this Chapter; or (b) the ple…

Enforceable. Notwithstanding any provision of general or special laws to the contrary, the Master Settlement Agreement and the model statute referred to in the Master Settlement Agreement, as enacted by the government, are each valid and enforceable in accordance with their respe…

Article XII of the Master Settlement Agreement imposes continuing and material obligations on the government, and a failure by the government to continue performing those obligations shall constitute a material breach excusing the performance of the other parties to the Master Se…

and Commerce Authority Tobacco Settlement Asset-Backed Bonds, Series 2001A and Series 2001B, and for other purposes. (a) Notwithstanding any other Sections in this Chapter, including § 81104(b), or Article 13 of Chapter 22 of Division 2 of Title 5 of the Guam Code Annotated, the …

This Chapter shall be liberally construed to effectuate its intent and purposes, without implied limitations. All rights and powers granted to the Authority in this Chapter shall be cumulative with those derived from other sources, and shall not, except as expressly stated in thi…

If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to t…