Title 12 — Autonomous Agencies

This Chapter shall be hereby cited as the “Guam Regional Transit Authority Act of 2009”.

There is hereby created the Guam Regional Transit Authority, a public corporation. The Guam Regional Transit Authority (GRTA) shall have the exclusive franchise for the furnishing of public transportation within Guam and on its roads and highways. Except for private parking facil…

As used in this Chapter, unless otherwise indicated: (a) “Authority” means the Guam Regional Transit Authority. (b) “Board” means the Board of Directors of the Authority. (c) “Director” means a member of the Board. (d) “Public Parking” means any on-street and off-street parking o…

The Authority is created to plan services, establish, develop, coordinate, promote, own and operate facilities and services that support public transportation and public parking within Guam.

(a) The Authority may: (1) Enter into contracts, leases, concession agreements and permits and to execute all instruments necessary or convenient in the exercise of its purpose and powers, including, without limitation, the purchase of liability and casualty insurance for Authori…

(a) The Board shall consist of seven (7) Directors. (1) Of these seven (7) Directors, two (2) shall be selected by and from the membership of the Mayors’ Council of Guam, and three (3) shall be appointed by I Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Liheslatu…

(a) The Board may appoint an Executive Manager, who shall be its chief executive officer. The Executive Manager shall serve at the pleasure of the Board, and the Board shall establish the compensation. The Executive Manager shall, at a minimum, possess the following qualification…

(a) The Board, pursuant to Chapter 4, Title 4, GCA, shall establish rules and regulations governing the selection, promotion, performance evaluation, demotion, suspension, dismissal and other disciplinary action for employees of the Authority. Until such rules and regulations are…

(a) The Board shall adopt and maintain a system of accounting which is in accordance with generally accepted accounting principles. (b) There is established a fund to be known as the “Guam Regional Transit Authority Fund” which the Authority shall maintain separate and apart from…

(a) To the extent that any liability of the government of Guam or of the Authority is covered by a policy or policies of insurance, the government waives the limitation of liability found in § 6301, Title 5, GCA; provided, that the government shall not be liable in damages for to…

This Article may be cited as the Guam Power Authority Act of 1968. SOURCE: GC § 21500.

As used in this Chapter, unless otherwise indicated: (a) “Authority” means the Guam Power Authority. (b) “Board” means the Consolidated Commission on Utilities established in Chapter 79 of Title 12 of the Guam Code Annotated. (c) “Director” means a Commissioner of the Consolidate…

Guam Power Authority is continued in existence as a public corporation. SOURCE: GC § 21502. Repealed and reenacted by P.L. 26-076:6 (Mar. 12, 2002) to reflect consolidated utilities structure. COURT DECISIONS: D.C.GUAM: APP.DIV. 1981 Under the laws of Guam, the Guam Power Authori…

The Authority shall have and exercise each and all of the following powers: (a) Generate, transmit, distribute, sell and exchange electric power on Guam; (b) Acquire, in accordance with Title 5 GCA, Chapter 5, and subject to the laws of Guam, by grant, purchase, gift, devise or l…

Notwithstanding any other provision of the Guam Code Annotated or any duly promulgated rule or regulation except those service rules and regulations of the Authority, the Authority shall not refuse to connect electrical power to any single family residence because said residence …

Notwithstanding any provision of law to the contrary the Guam Power Authority shall at all times provide power necessary for operation of at least as may public streetlights as were working on July 1, 1983. If the Authority does not receive prompt payment for such power consumpti…

SOURCE: GC § 21503.2, added by P.L. 16-073 (Mar. 20, 1982); repealed and reenacted by P.L. 16-119:3 (Dec. 6, 1982); repealed and reenacted by P.L. 17-010:9 (June 14, 1983). Subsection (a) added by P.L. 17-010:10 (June 14, 1983) and by P.L. 17-025:23 (Oct. 7, 1983). Repealed and r…

All powers vested in the Authority, except as provided herein, shall be exercised by the Consolidated Commission on Utilities, as established in Chapter 79 of Title 12 of the Guam Code Annotated. SOURCE: GC § 21504. Repealed and reenacted by P.L. 26-076:7 (Mar. 12, 2002).

(a) The Board shall appoint a general manager who shall be its chief executive officer and shall serve at its pleasure. The general manager shall, at a minimum, possess the following qualifications: (1) A combined minimum of ten (10) years of documented experience successfully ma…

[Repealed.] SOURCE: GC § 21505.1, as added by P.L. 11-057:1 (June 1, 1971). Repealed by P.L. 26-076:16 (Mar. 12, 2002).

The Board shall appoint a chief financial officer who shall serve at its pleasure. The chief financial officer shall be a Certified Public Accountant and should have Federal Energy Regulatory Commission (FERC) knowledge and experience. The Board shall fix the chief financial offi…

All employees of the Authority shall be eligible for all insurance, retirement, workmen’s compensation and other benefits as extended to employees of the government of Guam, and shall be employees of the government of Guam for the purposes of the application of all civil service …

(a) The General Manager, with the consent of the Board, shall appoint an Assistant General Manager for Operations and Distribution, who shall serve at the pleasure of the General Manager and the Board. (b) The Assistant General Manager for Operations and Distribution shall be ent…

(a) The Board may also appoint a Secretary, a Treasurer, a Comptroller and an Attorney, who shall serve at the pleasure of the Board and whose duties and compensation shall be fixed by the Board. The Board may appoint one or more assistants to any such office. Any of such offices…

(a) On the first day of the month following one hundred twenty (120) days after the effective date of this Act or on such later date as the Board shall establish, the Public Utility Agency of Guam shall transfer to the Authority: (1) all items of property which that Agency owns o…

In order to provide immediate relief from the critical power shortage existing in 1992, the Guam Power Authority (herein called GPA), with all deliberate speed, and with the consent of the Public Utilities Commission (herein called PUC), shall procure and install generators addin…

GPA did, on July 10, 1992, provide I Liheslatura, while sitting as a Committee of the Whole, with a list of the specific dates that each of the following generating units purchased by the authorization contained in this Act will come on line and be producing electricity for the I…

Any generating units purchased with the funds authorized by this Act and which are sited to the south of a line extending from the northernmost point in Hågat to the northernmost point in Yona and are activated to supplement the IWPS shall be used to provide electric power to the…

Of the generating equipment to provide the 76 megawatts more or less of electricity authorized by this Act 60 megawatts shall be purchased from the bidders listed in this section, and 16 megawatts will be achieved as a result of the refurbishment of the Navy’s Weber Barge. The ne…

Part of the funds authorized to be borrowed by this Act shall be used to purchase the entire debt held by FFB and GPA must use the FFB Reserve fund to offset the balance to be paid.

(a) Legislative Findings and Intent. (1) I Liheslaturan Guåhan finds that § 8203 of Title 12 of the Guam Code Annotated provides that the Guam Power Authority (GPA) is authorized to incur indebtedness by the issuance of revenue bonds with the approval of I Maga’håga/Maga’låhi to …

The Guam Power Authority (GPA), with all deliberate speed, and with the consent of the Guam Public Utilities Commission (GPUC), shall proceed with the emergency procurement under 5 GCA, Chapter 5, § 5215 for a vendor to provide, install, and operate approximately twenty (20) mega…

(a) Procurement by GPA of the generators and ancillary equipment, land and buildings will require long-term financing in the form of revenue bonds or capital leases, or a combination of both. (b) Pending issuance of revenue bonds, in order to identify funds sufficient to enable G…

(a) In order to enable GPA to obtain the best possible price to Guam, and in the best interest of GPA’s rate payers, GPA is authorized to incur long-term indebtedness not to exceed $258,000,000 maturing not later than thirty (30) years from issuance, bearing interest at a rate no…

[Repealed, reserved, or text not separately stated.]

[Repealed, reserved, or text not separately stated.]

Subject to agreement between the Guam Memorial Hospital Authority (GMHA) and GPA whereby GMHA makes available to GPA at the Guam Memorial Hospital site sufficient land for installation of electrical generators and related ancillary equipment, including fuel storage, and in consid…

To permit use by GPA of the parcels of land described in §§ 8113.5 and 8113.6 of this Title for public utility uses, GPA is hereby granted such conditional uses. SOURCE: Added by P.L. 21-117:7 (July 15, 1992).

In view of the urgency for procurement of the generators and ancillary equipment, the requirements of Subarticle B, Article 3, Chapter 5, Title 5, Guam Code Annotated, are hereby waived and GPA is hereby authorized to utilize such method of source selection as it deems necessary,…

GPA shall provide that any contract awarded to a bidder to provide GPA with a generating unit shall include in the contract a provision which will impose liquidated damages of not less than $2,000 per day for each day beyond an agreed date that the contractor promises to activate…

The Authority may incur indebtedness by any means permitted by Article 2 of this Chapter. SOURCE: GC § 21508.

As an instrumentality of Guam, the Authority and all property acquired by or for the Board and all revenues and income therefrom are exempt from taxation by Guam or by any political subdivision or public corporation thereof and from all taxes imposed under the authority of I Lihe…

[Repealed.] SOURCE: GC § 21510. Repealed by P.L. 16-124:9 (Dec. 30, 1982). COURT DECISIONS: SUPER.CT. 1981 There was sufficient evidence to show that GPA, in denying the bid to the plaintiffs, exercised reason, rather than improper or illegal motives, in selection of another bidd…

(a) The Board shall adopt and maintain a system of accounting which is substantially in accordance with the Uniform System of Accounts prescribed for Public Utilities and Licensees (Class A and B) issued by the Federal Power Commission of the United States, as amended from time t…

(a) Pursuant to the provisions of 4 GCA §§ 4105 and 4106, the Board shall establish rules and regulations regarding selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Authority; provided, however, that all con…

No power generation facility, with a capacity in excess of one (1) megawatt and utilizing fossil fuels, may be constructed within one thousand five hundred feet (1,500’) of a school. (a) Exemption. The construction of the new forty-one (41) megawatt diesel units burning ultra- lo…

(a) The Authority shall be liable for damage caused to electrical appliances and devices when such damage is proximately caused by power surges, voltages fluctuations or frequency fluctuations in the power supplied by the Authority to a consumer and when such damage is not a resu…

No substation for utilizing or transforming electrical power at 13 kV or higher which is not actually fully completed and in use on or prior to April 1, 1996, may be built or operated within One Hundred (100) feet of any building which is regularly or customarily occupied for res…

(a) Authorization for Tax Exempt Commercial Paper Program. The Public Utilities Commission PUC and the Guam Economic Development Authority GEDA have authorized the Guam Power Authority GPA to enter into a borrowing or financing program referred to as tax exempt commercial paper T…

Internet. (a) Notwithstanding any other provision of law, the Guam Power Authority shall, within one (1) year of the enactment of this Section, provide that the following services be made available via the internet: (1) Acceptance payments via bank cards; (2) Application for inst…