Title 12 — Autonomous Agencies

This Article shall be liberally construed to carry out the objects and purposes and the declared policy of Guam as in this Article set forth. Nothing contained in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers con…

Guam Waterworks Authority’s Water and Wastewater System. (a) Notwithstanding any other provision of law, in order to eliminate the emergency that currently exists relative to the current Guam Waterworks Authority’s moratorium on sewer connections in Central Guam, the Guam Waterwo…

(a) I Liheslaturan Guåhan, pursuant to § 50103 of Chapter 50, Title 12, Guam Code Annotated, hereby approves the terms and conditions of a borrower or financing program referred to as Commercial Paper (CP) to be issued by GWA. From time to time, the CP may be issued in one (1) or…

(a) I Liheslaturan Guåhan, pursuant to § 50103 of Chapter 50, Title 12, Guam Code Annotated, hereby authorizes the Guam Waterworks Authority (GWA) to obtain financial assistance from the United States Environmental Protection Agency, an agency of the United States of America, act…

This Article shall be known as the “Guam Drought Management and Comprehensive Water Conservation Plan.” 2024 NOTE: Reference to “Chapter” replaced with “Article” pursuant to the authority of 1 GCA § 1606.

The findings of I Liheslaturan Guåhan are that: COL 2025-12-23 (a) Guam has two (2) major seasons: wet and dry; and two (2) secondary seasons, referred to as transitional seasons, that can be either rainy or dry. Some years bring torrential typhoon storms while others bring droug…

Severity Alert Phases. (a) Fena Reservoir, owned and operated by the U. S. Navy Public Works Center (PWC), is the largest source of potable surface water supply on Guam. Currently, government of Guam’s overall water production includes purchases of approximately seventy percent (…

I Maga’håga/Maga’låhi shall, due to the emergency drought conditions existing on Island, immediately develop the Guam Drought Management and Comprehensive Water Conservation Plan to respond to water crises and water shortages. Said plan shall be filed with I Liheslaturan Guåhan n…

GWA shall enact the rules and regulations, which shall include: steps for instituting conservation measures and the interruption of the water supply; procedures for the protection of water resources pursuant to GWA’s statutory role as operator of Guam’s sole municipal water and w…

Military. The Guam EPA, in coordination with GWA, the Department of Commerce, and all private and military well owners and operators, shall collect salinity and chloride on a monthly basis during drought conditions for use in determining low groundwater level conditions as requir…

(a) Within sixty (60) days, the Guam Waterworks Authority (GWA) shall issue a Request for Proposal (RFP) soliciting bids or proposals from qualified parties for the operation and maintenance of all water wells currently operated by GWA, subject to the procurement laws of Guam. Th…

(a) Within sixty (60) days, GWA shall issue a RFP soliciting bids or proposals from qualified parties for the maintenance of all water and wastewater pump stations currently operated by GWA, subject to the procurement laws of Guam. The scope of work required through this RFP shal…

(a) Within sixty (60) days, GWA shall issue a RFP soliciting bids or proposals from qualified parties for the maintenance, installation and reading of all residential and commercial water meters currently under the purview of GWA, subject to the procurement laws of Guam. (b) The …

All contracts awarded subject to the provisions of this Act must contain performance reviews at least annually, and provisions for contract termination or penalty based upon such review. SOURCE: Added by P.L. 26-144:1 (Sept. 17, 2002). Amended by P.L. 30-066:7 (Nov. 27, 2010).

No contract awarded subject to the provisions of this Act shall be awarded to any party who has a blood or marital relationship to the third degree of consanguinity with the General Manager of GWA, a board member of GWA, I Maga’hågan/Maga’låhen Guåhan or a member of I Liheslatura…

(a) It is noted that no easily accessible as-built of the public water system of Guam exists, and that further, the public water system loses very significant amounts of water daily from undetermined or un- repaired leaks. GWA may reassign any qualified persons displaced as a res…

Should at some point in the future, a determination be made by I Liheslaturan Guåhan, in law, that either a merger between the military and civilian water systems, as approved by the United States, be advisable, or that a broad-scale public-private partnership for the production …

GWA is authorized to transfer funds from category to category within its own budget only for the purpose of funding the specific outsourcings detailed in this Chapter. Furthermore, I Maga’hågan/Maga’låhen Guåhan is authorized to transfer funds from Special Funds of the Executive …

(a) It is duly noted that the integration of the military and civilian water systems on Guam is an achievable and worthy goal, especially inasmuch as this integration may be productive in securing Federal funding for water and wastewater system improvements, or Federal loan guara…

The property in and the right to the use, of all ground water in all surface water sources and in underground sources including, but not limited to, the Northern Aquifer, wherever ground water is found in Guam, are for all purposes vested in the government of Guam and are conclus…

(a) No person shall have any right: (1) to drill for, divert, extract, use or store water for removal from Guam; (2) to dispose of or sell water to a person for removal from Guam; (3) to convey or transport water for removal from Guam; (4) to remove water from Guam; or (5) of pro…

A person must not remove water from Guam except as that person: (a) is authorized by law, rule or regulation; (b) removes the water in containers of five (5) gallon capacity or less, of water that has been packaged in Guam; or (c) obtained the water outside Guam and, at the time …

Nothing in this Act prohibits the removal of water from Guam in the ordinary course of carrying the water in vehicles, vessels or aircraft for the use of persons, animals or necessary for the operation of the vehicle, vessels or aircraft, while the persons or animals, as the case…

(a) All surface water and ground water in Guam are declared to be a public asset and belong to all of the people of Guam held in trust by the government of Guam. Such water shall be utilized as follows: (1) First priority shall be for use or resale by the Guam Waterworks Authorit…

(a) There is hereby created a public, non-profit corporation to be known as the Guam Economic Development Authority (Authority) with functions, powers and responsibilities as hereinafter provided. (b) Any reference in any law to the Guam Economic Development and Commerce Authorit…

The principal office of the Corporation shall be located in Guam and the Corporation shall be deemed to be a resident of Guam. SOURCE: GC §3551. 2022 NOTE: Reference to “territory” omitted pursuant to 1 GCA § 420.

(a) It is the purpose of this Division to create a public non-profit corporation to assist in the implementation of an integrated program for the economic development of Guam. It is intended for this Corporation to be a catalyst in the economic development which this Division see…

(a) Bond Counsel. An experienced bond counsel shall be retained for each bond obligation issued by the Authority following General Services Administration procurement guidelines dealing with legal services. A bond counsel may be either kept on retainer or contracted separately fo…

Award shall be made to the responsible offeror whose proposal in writing is the most advantageous to Guam taking into consideration price and the evaluation factors set forth in the RFPs. The contract file shall contain the basis on which the award is made. SOURCE: Added by P.L. …

The Corporation shall have, and may exercise, the following general powers in carrying on the activities specified in § 50103 of this Division: (a) To have perpetual succession, unless sooner terminated by law. (b) To adopt, alter and use a corporate seal, which shall be judicial…

All functions and powers of the Corporation shall be vested in and be exercised by and under the direction of a Board of Directors hereinafter referred to as the Board, composed of seven (7) members, appointed by I Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Lih…

I Maga’hågan/Maga’låhen Guåhan, upon the recommendation of the Board and with the consent of I Liheslaturan Guåhan, shall appoint an Administrator who shall be directly responsible to the Board for the day-to-day operation of the Corporation and shall administer its programs and …

The Administrator shall be paid a salary and such other allowances and emoluments as the Board may approve. SOURCE: GC § 53556. COL 2024-12-05

The Board members to be appointed by I Maga’hågan/Maga’låhen Guåhan as above state shall be U.S. citizens, selected from individuals who have resided in Guam at least six (6) continuous months immediately preceding their appointments, who have demonstrated their ability and their…

(a) The Board shall be responsible for the management, administration, policies and direction of the Corporation and shall exercise supervision through the Administrator. (b) The Board shall meet in regular session at least once each month, and in special session as often as it m…

(a) The Corporation is authorized to use its funds, from whatever source derived, in the exercise of its corporate powers and functions. (b) The Corporation shall contribute to the Government of Guam Retirement Fund on the basis of annual billings as determined by the Department …

The Corporation shall submit to I Maga’hågan/Maga’låhen Guåhan and I Liheslaturan Guåhan a detailed annual report of activities and an audited annual financial report. For this purpose, it shall contract for independent auditing services. It shall also submit to I Maga’hågan/Maga…

The services and facilities of agencies and instrumentalities of the Federal Government and of the government of Guam may be made available to the Corporation in the exercise of its functions to the extent allowed by law. SOURCE: GC § 53562.

(a) Title XLIX of the Government Code of Guam, known as the Guam Incentive Tax Act is hereby repealed in its entirety, provided however, that any tax incentives heretofore granted to any person, firm, partnership or corporation under the provisions of said Act shall continue to b…

This Division shall be construed liberally so far as may be necessary for the purpose of effecting its general intent. The declaration of invalidity or nullity of any provision of this Division by competent court shall not effect the force and validity of the remaining provisions…

There is hereby appropriated and set aside, for transfer to the Corporation effective 1 July 1965, as its operating fund, out of any money in the Treasury of Guam not otherwise appropriated, the sum of One Hundred Thousand Dollars ($100,000) for operating expenses of said Corpora…

The government of Guam will guarantee up to One Million Six Hundred Thousand Dollars ($1,600,000) of loans guaranteed by the Guam Economic Development Authority, or of loans made directly to the Guam Economic Development Authority, by any financial institutions for the purpose of…

The Corporation shall review and revise its existing standard operating procedures, and create rules and regulations (Rules), for the Corporation regarding loans, tax qualifying certificates, and all other functions and operations of the Corporation in accordance with the provisi…

Any subsequent change in the rules and regulations shall be made in accordance with provisions of the Administrative Adjudication Act. SOURCE: Added by P.L. 19-013:6 (Dec. 1, 1987).

Notwithstanding any other provision of law, the Guam Economic Development and Commerce Authority shall be subject to the Freedom of Information Law and the Sunshine Information Act of 1999, 5 GCA Chapter 10, and the Open Government Law, 5 GCA Chapter 8. SOURCE: Added as uncodifie…

Operations. Request for Information. The Guam Economic Development Authority (GEDA) shall develop and publish a Request for Information (RFI) for the purpose of soliciting and determining public interest and the desired direction public policymakers may take relative to the manag…

There is created a Guam Product Seal to identify products manufactured on Guam.

The Guam Economic Development and Commerce Authority (Authority) shall administer the provisions of this Chapter and shall promulgate rules and regulations, in accordance with the Administrative Adjudication Law, to carry out the purposes of this Chapter.

There is established a fund to be known as the Guam Product Seal Fund, which shall be maintained separate and apart from any other funds of the government of Guam. Independent records and accounts shall be maintained in connection therewith. Funds of the Guam Product Seal Fund sh…

The Authority shall: (a) develop, or have developed, a design for the Guam Product Seal; (b) assess the local value added in the production processes of manufacturers applying for permission to place the seal upon their products; (c) issue permits for use of the seal to eligible …