Title 12, Autonomous Agencies

This Article shall be known and may be cited as “The Task Force on Submarine Cables Act of 2020.”

The Task Force shall be comprised of the following: (a) the Administrator of the Guam Economic Development Authority or his/her designee; (b) the Chairperson of the Public Utilities Commission or his/her designee; (c) the Chief Technology Officer, Office of Technology, or his/her…

The Task Force shall meet at the call of the Presiding Officer and make recommendations concerning submarine cables on Guam. In making recommendations, the Task Force shall have the following duties as is feasible, including, but not limited to: (a) review information concerning …

The Task Force recommendations shall address existing statutes and regulations, as well as any proposed changes to any federal or local statutes and regulations governing the operation of submarine cables on Guam; any request(s) for technical assistance from the U.S. government; …

This Chapter may be cited as the Public Utilities Fair Practices Act. SOURCE: Enacted as GC §21150 by P.L. 14-030 (May 31, 1977).

As used in this Chapter: (1) Customer means a person standing in contractual relation- ship with the Guam Waterworks Authority or the Guam Power Authority whereby said contract calls for the respective agency to supply the customer with water or power, respectively. (2) Agency me…

A customer who in good faith believes that he has been incorrectly billed for services by an agency or harmed by another action of the agency except a rate increase, may submit a customer complaint to the agency involved. Upon receipt of the customer complaint, and the deposit pa…

(a) If an agency statement is adverse to a customer, the customer may file an appeal with the Commission within thirty (30) days of the issuance of the agency statement. The Commission shall have jurisdiction to resolve the dispute. During the pendency of said appeal, no action a…

The Commission shall promulgate rules and regulations for entertaining the appeals provided by § 13104 of this Chapter. SOURCE: Enacted as GC §21154 by P.L. 14:030 (May 31, 1977). Amended by P.L. 16-049:10 (Dec. 2, 1981); P.L. 20-031:2 (June 29, 1989). ----------

This Chapter may be cited as the Guam Waterworks Authority Act.

As used in this Chapter, unless otherwise indicated: COL 2025-12-23 (a) “Authority” means the Guam Waterworks 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 Commissione…

Guam Waterworks Authority is continued in existence as a public corporation. SOURCE: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-076:3 (Mar. 12, 2002) to reflect the new Consolidated Commission on Utilities structure.

The Authority shall have, in accordance with the laws applicable to it and its annual budget, the following powers: (a) to produce, treat, transmit, store, distribute and sell water on Guam, and collect, treat and dispose of waste water on Guam; (b) to acquire, in accordance with…

Any contract by the Authority to contract maintenance services relative to sewage pumps, booster pumps, and all pumps and other facilities directly associated with water wells shall be subject to the following provisions: (a) any procurement of service or goods, shall be entirely…

[Renumbered to § 14505.] SOURCE: Added as § 14104.2 by P.L. 29-051:7 (Jan. 2, 2008). Renumbered as 12 GCA § 14505 by the Compiler to harmoniously fit this chapter. COL 2025-12-23

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: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-07…

(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…

(a) The Board shall appoint a chief financial officer who shall serve at its pleasure. The chief financial officer shall be a Certified Public Accountant. (b) The Board shall fix the chief financial officer’s compensation. The chief financial officer shall have full charge and co…

(a) The Board may also appoint a Secretary, a Treasurer, and an Attorney, who all 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 may be co…

(a) 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 serv…

(a) On the first day of the month following one hundred eighty (180) days after the effective date of this Act the Authority shall assume in writing from the Government of Guam and the Public Utility Agency of Guam (the Agency): (1) all real property under the Agency’s administra…

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…

(a) Rates for Services. The Authority shall apply to the Public Utilities Commission (PUC) for approval for its rates for its services. In order to obtain such approval, the Authority must demonstrate to the PUC that: (1) there is a public need for the services being provided, an…

(a) The Board shall adopt and maintain a system of accounting. (b) The Board shall authorize, by means of the annual budget, payment of demands against the Authority resulting from the exercise of its powers under this Act if: (1) the purposes and amounts of such demands are proj…

For the purposes of Chapter 14 of Title 12 of the Guam Code Annotated, the term “annual budget” means a balanced budget for expenditures of the Guam Waterworks Authority for a fiscal year to be funded by the anticipated revenues and other funds to be received and expended for the…

(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…

(a) Transfer of real property interests pursuant to this Act, including but not limited to fee estates, easements and land use rights evidenced by easements, leases, and licenses, shall be filed in the form of deeds or assignments signed by I Maga’hågan/Maga’låhen Guåhan in good …

Notwithstanding any of the provisions of this Act, specific legislative statutory approval shall be required prior to sale, transfer or lease of any real property assets or lands of the Guam Waterworks Authority. Nothing herein shall be construed as such approval. In addition, no…

(a) Definition of Adequate Water line. The term “adequate water line”, wherever used or referred to in this Article or in any indenture entered into pursuant hereto, shall mean a water line that can provide or be made to provide potable water to the premises. (b) Denial of Water …

Internet. (a) Notwithstanding any other provision of law, the Guam Waterworks 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…

This Article may be cited as the “Guam Waterworks Authority Revenue Bond Act.” SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005). 2013 NOTE: This section was added by P.L. 23-119:1 (July 31, 1996), entitled “Authorization for Indebtedness through GEDA.” Repealed by P.L. 28-071:2 (Nov…

The following terms, wherever used or referred to in this Article or in any indenture entered into pursuant hereto (except to the extent modified therein in accordance with this Article), shall have the following meanings, respectively, unless a different meaning appears from the…

Pursuant to Section 50103(k), Chapter 50, Title 12 GCA, the Board, through the agency of the Guam Economic Development and Commerce Authority (GEDCA) by statutory legislation, has power and is hereby authorized, in addition to and in amplification of all other powers conferred up…

Except to the extent otherwise permitted or required by an indenture or any contract relating to indebtedness issued by the Authority, all rates and charges shall at all times be fixed to yield annual revenues at least equal to (a) the annual principal payments and interest charg…

The validity of the authorization and issuance of any bonds by the Authority is not dependent on nor affected in any way by: (a) Proceedings taken by the Authority for the acquisition, construction or improvement of the system or any part thereof; (b) Any contracts made by the Au…

Liable for Indebtedness; Authority Only Liable as Provided by Indenture or Contract. (a) The Board shall determine the time, form and manner of issuance of bonds. COL 2025-12-23 (b) No bond issued or sold pursuant to this Article shall be or become a lien, charge or liability aga…

Before issuing any bond or bonds, the Board shall declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be issued or sold for such purpos…

The Authority may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates or methods for determination thereof, denominations, form, registration, transfer and interchange of any bonds and coupons issued pursuant to this Artic…

An indenture may provide for one or several issues of bonds and that bonds may be issued in series or that any issue may be divided into one or more divisions with different maturities or dates of issue, different rates of interest or methods for determining such rates, or differ…

An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the Authority as the Board deems necessary or advisable, including, without limiting the generality of the foregoing, any one or more of the following: (a) A provision …

(a) The Authority or any agent designated by the Authority shall act as trustee for the Authority and the holders of bonds issued hereunder and the Authority may authorize the trustee to act on behalf of the COL 2025-12-23 holders of the bonds or any stated percentage thereof and…

The Authority shall prescribe in any indenture the duties and powers of the trustee with respect to the issuance, authentication, sale and delivery of the bonds provided for in such indenture and with respect to the payment of principal of and interest on such bonds, the redempti…

An indenture may provide that bonds may be issued as coupon bonds or as registered bonds and for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that bonds shall be registered as to principal only or as to both principal…

An indenture may provide that bonds may be redeemed prior to maturity upon such terms, conditions and upon such notice as are stated in the indenture and upon the payment of such premium as may be fixed by the indenture. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

An indenture may provide for the payment of the principal and interest of bonds at any one or more places in Guam or in the United States and in any specified coin or currency of the United States. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

An indenture may provide for the execution and authentication of bonds by the manual or facsimile signature of any one or more officers of the Authority and by additional authentication by endorsement by the manual signature or a signature stamp of any one or more officers of the…