I Mina'Trentai Kuåttro Na Liheslaturan Bill HISTORY BILL ... No. 75-34 (COR) ComReport.pdfI...

34th GL CLERKS OFFICEBill HISTORY9/15/2017 12:50 PM

I Mina'Trentai Kuåttro Na LiheslaturanBILL STATUS

BILLNO.

SPONSOR TITLEDATE

INTRODUCEDDATE

REFERREDCMTE

REFERRED

PUBLICHEARINGDATE

DATECOMMITTEEREPORT FILED

FISCAL NOTES NOTES

75‐34 (COR)As corrected by the

Prime Sponsor.

Thomas C. Ada AN ACT TO AMEND § 61620 OF SUBARTICLE 2, ARTICLE 6,CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TODECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

4/12/1712:09 p.m.

AS CORRECTED5/1/17

11:03 a.m.

5/2/17 Committee on Environment, Land, Agriculture, and Procurement Reform

5/30/172:00 p.m.

9/15/1711:10 a.m.

As amended by the Committee on Environment, Land, Agriculture, and

Procurement Reform.

Fiscal NoteRequest5/2/17

Fiscal Note Waiver 5/11/17

Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Liheslaturan Guahan • 34rh Guam Legislature

September 13, 2017

The Honorable Therese M. Terlaje Acting Speaker I Mina 'Trentcli Kuattro Na Liheslaturan Guahan 163 Chalan Santo Papa Hagatna, Guam 96910

VIA: The Honorable Regine Biscoe-Leif:) Chairperson, Committee on Rules

- · - · ..

RE: Committee Report on Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the Committee on Environment, Agriculture, Land and Procurement Reform.

Hafa Adai Acting Speaker Terlaje ,

Transmitted herewith is the Committee Report on Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the Committee on Environment, Agriculture, Land and Procurement Reform, "AN ACT TO AMEND§ 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION."

Committee votes are as follows:

TO DO PASS

TO NOT PASS

TO REPORT OUT ONLY

TO ABSTAIN

TO PLACE IN INACTIVE FILE

Si Yu 'os ma 'ase ',

~~ . {}j) Thomas C. Ada

RECEIVED SEP 13 2017

\2-:71 ITIEEON UL.ES

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatila, G uam 96910 (671) 473-3301 • Office@Senator1\da.org • www.SenatorAda.org


Committee on Environment, Land, Agriculture, and Procurement Reform I Mina T rentai Kuatro N a L ihes/aturan Guahan • 34th Guam Legislature

COMMITTEE REPORT ON

Bill No. 75-34 (COR) As Corrected by the Prime Sponsor and

Amended by the Committee on Environment, Agriculture, Land and Procurement Reform.

"AN ACT TO AMEND § 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61,

TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE

TERRITORIAL LAND USE COMMISSION."

.'\.da Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatfia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org


Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Liheslaturan Guahan • 34th Guam Legislature

September 13, 2017

MEMORANDUM

To: All Members Committee on Environment, Land, Agriculture and Procurement Reform

From: Senator Thomas C. Ada, Committee Chairperson ~

Subject: Committee Report on Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the Committee on Environment, Agriculture, Land and Procurement Reform.

Transmitted herewith for your consideration is the Committee Report on Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the Committee on Environment, Agriculture, Land and Procurement Reform, "AN ACT TO AMEND§ 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION."

This report includes the fo llowing:

• COR Referral Memorandum • Notice of Public Hearing • Public Hearing Agenda • Public Hearing Sign-in Sheet • Written Testimonies • Committee Vote Sheet • Committee Report Digest • Copy of Bill No. 75-34 (COR), As Introduced • COR Pre-Referral Checklist • Copy of Bill No. 75-34 (COR), As Corrected by the Sponsor • Copy of Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the

Committee on Environment, Agriculture, Land and Procurement Reform. • Fiscal Note

Please take the appropriate action on the attached vote sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please do not hesitate to contact me.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagarfia, Guam 96910 (671) 473-3301 • Office@Senatorr\da.org • www:Senatoi:Ada.org

COMMITTEE ON RULES Senator Michael F.Q. San Nicolas, Chairman

I Mina'Trentai Ku!ittro na Lilteslaturan Gwihan • 34"' Guam Legislature

MEMO To:

From:

Date:

Re:

Rennae Meno Clerk of the Legislature

Attorney Julian Aguon Legislative Legal Counsel

Senator Michael F.Q. San Nicolas Chairman of the Committee on Rules

May 2, 2017

Referral of Bill No. 75-34 (COR), as corrected by the Prime Sponsor

Buenas yan Hata adai.

Please be advised that Bill No. 75-34 (COR) was returned to its Prime Sponsor due to its noncompliance with the Standing Rules (see (A)(2) of the pre-referral checklist) on April 17, 2017. The Prime Sponsor has made the necessary corrections to the subject bill, in accordance with the opinion of Legal Counsel. The Committee on Rules has reviewed the Bill, as corrected by the Prime Sponsor, and deems it compliant to the Standing Rules.

As per my authority as Chairman of the Committee on Rules, I am forwarding the referral of Bill No. 75-34 (COR), as corrected by the Prime Sponsor.

Please ensure that the subject bill, indicated with "As Corrected by the Prime Sponsor", is referred, in my name, to Senator Thomas C. Ada, Chairperson of the Committee on Environment, Land, Agriculture, and Procurement Reform. I also request that the same be forwarded to the prime sponsor of the subject bill.

Attached, please see the COR pre-referral checklist for your information, which shall be attached as a committee report item to the bill.

If you have any questions or concerns, please feel free to contact Christian Valencia, Committee on Rules Director, at 472-6453.

Thank you for your attention to this important matter.

Se a Mi ael F.Q. San icolas Ch irman of the Committee on Rules

GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910 Telephone: (671) 472-64.53 • Email address: [email protected]

HlhGLUERl<S<lFflU

e'llHIST{JRY

5/l/101>11: .. AM

7S-34(COR) As cmrected bvthe

Prime Sponwr.

AN ACT TO AMEND § 61620 Of SUBARTICLE 2, ARTICLE

6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BV THE TERRITORIAL LAND USE COMMISSION.

I 11lh1t1'Tre11tt1i Ktulttro Nfl Li/1eslut11rt111 BILL STATUS

4/12/17 12:09 p.m.

AS CORRECTED

5/1/17 11:03 <1.m.

5/2/17

Page 1

Committee on Environment,

Land, Agriculture, and

Procurement Reform

Office of Senator Tom Ada Mail - !st Notice of Public Hearing: T ... https://mail.google.com/mail/u/O/?ui=2&ik=Of7ac63c59&jsver=9 ...

I of2

Richard Salas <[email protected]>

1st Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m. 1 message

Charlene Flores <[email protected]> Mon, May 22, 2017 at 8:34 AM To: Media <[email protected]>, Michael Borja <[email protected]>, DLMDlR <[email protected]>, John Arroyo <[email protected]>, Cristina Gutierrez <[email protected]>, "John Thos. Brown" <[email protected]>, [email protected], [email protected], Sandra Miller <[email protected]>, Jessica Toft <[email protected]>, [email protected], [email protected], [email protected], Glenn LG <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Priscilla K. Rideb" <[email protected]>, [email protected], [email protected], [email protected], [email protected]

May 22, 2017

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson

Subject: 151 Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m.

Please be advised that the Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Tuesday, May 30, 2017 at 2:00 p.m. This hearing will take place in I Lihes/aturan Guahan, Public Hearing Room. The agenda is as follows:

2:00 p.m.

Bill No. 26-34 ICORl. As Corrected by the Sponsor - T.C. Nelson - An act to amend Section 3 of Public Law 33-104 and Section 2 of Public Law 33-176, relative to extending the timelines and means of notification for Land for the Landless purchasers.

8nl17, 1:28 PM

Office of Senator Tom Ada Mail - !st Notice of Public Hearing: T. .. https://mail.google.com/mail/u/O/?ui=2&ik=Of7ac63c59&jsver=9 ...

2of2

Bill No. 49-34 (CORl - T.A. Morrison -An act to amend § 5213 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated, and§§ 3111(a), 3111(b)(1), 3111 (c)(1), 3111(d), and 3111 (1)(1 ), all of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, relative to procurement policies governing small purchases.

Bill No. 75-34 (CORl. As Corrected by the Sponsor - T.C. Ada - An act to amend § 61620 of Subarticle 2, Article 6, Chapter 61, Title 21, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

Testimony on Bill No. 26-34 (COR), Bill No. 49-34 (COR), and Bill No. 75-34 (COR) should be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatfla, Guam 96910, via email to [email protected], or via facsimile to (671) 473-3303 no later than 5pm, June 6, 2017.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Charlene Flores Policy Analyst Office of Senator Thomas C. Ada I Mina'trentai Kuattro na Liheslaturan Guahan - 34th Guam Legislature 671-473-3301

4 attachments

~ 1st Notice.pdf 69K

~ Bill No. 26-34 (COR).pdf 649K



8n/17, 1:28 PM


Committee on Environment, Land, Agriculture, and Procurement Reform I Mina'Trentai Kuatro Na L ihes/aturan Guahan • 34m Guam Legislature

May 22, 2017

MEMORANDUM

To: Al l Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson ~

Subject: t st Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m.

Please be advised that the Committee on Environment, Lands, Agriculture, and Procurement Reform wi ll be conducting a public hearing on Tuesday, May 30, 2017 at 2:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

2:00 p.m.

Bill No. 26-34 (COR), As Corrected by the Sponsor - T.C. Nelson - An act to amend Section 3 of Public Law 33- 104 and Section 2 of Public Law 33- 176, relative to extending the time lines and means of notification for Land for the Landless purchasers.

Bill No. 49-34 (COR) - T.A. Morrison - An act to amend § 52 13 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated, and§§ 3 11 l (a), 3 1 11 (b )( 1 ), 3111 ( c )( 1 ), 3111 ( d), and 3 111 ( f)(l ), all of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, relati ve to procurement poli cies governing small purchases.

Bill No. 75-34 (COR), As Corrected by the Sponsor -T.C. Ada - An act to amend§ 6 1620 of Subarticle 2, Article 6, Chapter 61 , Title 2 1, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

Testimony on Bill No. 26-34 (COR), Bill No. 49-34 (COR), and Bill No. 75-34 (COR) sho uld be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatna, Guam 96910, via emai l to [email protected], or via facs imile to (671) 473-3303 no later than 5pm, June 6, 2017.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301 .

Ada Plaza Center, Suire 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671 ) 473-3301 • [email protected] • www.Senator.r\da.org

I .

• 2:00pm

Sen. Thomas Ada Committee on Environment, Land,

Agriculture, and Procurement Reform

Public Hearing Notice Tuesday May 30, 2017

I Liheslaturan Guahan, Public Hearing Room

AGENDA

Bill No.76-~ CCOR), As Corrected by the Soonsor-T.C. Nelson- AN ACT ' TO AMEND SECTION 3 OF PUBLIC J;,AW 33-104 AND SECTION 2 OF

PUBLIC LAW33-176; RELATIVE TO EXTENDING THE TIMELINES AND MEANS OF NOTIFICATION FOR LAND FOR THE LANDLESS PURCHASERS. . .

Bill No. 49-34 CCOR) -T.A. Monison -AN ACT 1;0 AMENP § 5213 OF SUBARTICLE B, ARTICLE•3, c;HAPTERS, DIVISION 1, TITLE 5, G:UAM CODE ANNOTATED, AND §§Jli1(a),3i11(b)(l); 3lp(c)(l), ~111(d), AND · ·

, 3ll\(t)(l),ALLOF,CflAPTE~U,'tiJVISION1,}'ITL};lt•,,G,UA,M, .·, .. ; .ADMINISTRATNE RULES AND REQU1.ATIONS,.RELA 'ENE TO '

: . PROC~~rq ~l'~9~S}~~~GS~~L'PY,1t~~~ES: . . ..

'.Bill No. 75-34 fC0RliAs'Co'I'recfiiil'bytlleS®iiiOr'-T;rn:Ada·, •. AN ACT . TO AMEND§ 61620 OF SVBARLICLE 2, ARTICLE6, CHAPTER61, TITLE 21, GUAM CODE ANNOTATED; RELA-TIVE'iJ'O DECISIONS BY THE

'' TERRITORIAL LAND USE.COM?diSSION. ' " . ' .Ji, , · '

In.dividuals requiring spccia1 aceomniodations s'!iould subqti~ request to Rick _Salas at 473-3301. Paid for by Commitree fUnds. ·

ww'w.senatorada.ors ., ·

Guam Daily Post - 22 May 2017

Office of Senator Tom Ada Mail - 2nd Notice of Public Hearing: ... https://mail .google.com/mail/u/0/?ui=2&i k=Of7ac63c59&jsver=9 ...

I of 2

Richard Salas <[email protected]>

2nd Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m. 1 message

Richard Salas <[email protected]> Thu, May 25, 2017 at 8:25 AM To: Media <[email protected]>, Michael Borja <[email protected]>, DLMDIR <[email protected]>, John Arroyo <[email protected]>, Cristina Gutierrez <[email protected]>, "John Thos. Brown" <[email protected]>, [email protected], [email protected], Sandra Miller <[email protected]>, Jessica Toft <[email protected]>, [email protected], [email protected], [email protected], Glenn LG <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Priscilla K. Rideb" <[email protected]>, [email protected], [email protected], [email protected], [email protected]

May 25, 2017

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson

Subject: 2nd Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m.

Please be advised that the Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Tuesday, May 30, 2017 at 2:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

2:00 p.m.

Bill No. 26-34 (CORl. As Corrected by the Sponsor- T.C. Nelson - An act to amend Section 3 of Public Law 33-104 and Section 2 of Public Law 33-176, relative to extending the timelines and means of notification for Land for the Landless purchasers.

8ntl7, 1:34 PM

Office of Senator Tom Ada Mail - 2nd Notice of Public Hearing: ... https://mail.google.com/mail/u/0/?ui=2&ik=0!7ac63c59&jsver=9 ...

2of2

Bill No. 49-34 CCOR) - T.A. Morrison - An act to amend § 5213 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated, and§§ 3111(a), 3111(b)(1), 3111 (c)(1), 3111{d), and 3111 (1)(1 ), all of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, relative to procurement policies governing small purchases.

Bill No. 75-34 CCOR). As Corrected by the Sponsor- T.C. Ada -An act to amend§ 61620 of Subarticle 2, Article 6, Chapter 61, Title 21, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

Testimony on Bill No. 26-34 (COR), Bill No. 49-34 (COR), and Bill No. 75-34 (COR) should be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatna, Guam 96910, via email to [email protected], or via facsimile to (671) 473-3303 no later than 5pm, June 6, 2017.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Thank You, Richard Salas Policy Analyst Office of Senator Thomas C. Ada I Mina'trentai Kuattro na Liheslaturan Guahan - 34rd Guam Legislature Office (671) 473-3301

4 attachments

~ 2nd Notice.pdf 70K




8nil7, 1:34 PM


Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai K11atro Na Liheslat11ran Gttahan • 34th Guam Legislature

May 25, 20 17

MEMORANDUM

To:

Fr:

A ll Senators, Stakeho lders, and Media _ _ _ /

Senator Thomas C. Ada, Chairperson ·r Subject: 2"d Notice of Public Hearing: Tuesday, May 30, 2017 at 2:00 p.m.

Please be advised that the Committee on Environm ent, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Tuesday, May 30, 2017 at 2:00 p.m. T his hearing will take place in I Lihes/aturan Guahan, Public Hearing Room. The agenda is as fo llows:

2:00 p.m.

Bill No. 26-34 (COR), As Corrected bv the Sponsor -T.C. Nelson - An act to amend Section 3 of Public Law 33- 104 and Secti on 2 of Public Law 33- 176, relative to extending the time lines and means of notificati on fo r Land for the Landless purchasers.

Bill No. 49-34 (COR) - T.A. Morrison - An act to amend § 52 13 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated , and §§ 3 111 (a), 3 111 (b)( l ), 31 11 (c)(l ), 3 111 (d), and 3 111 (f)( l ), all of Chapter 3, Division 4, T itle 2, Guam Administrative Rules and Regul ations, relative to procurement policies governing small purchases.

Bill No. 75-34 (COR), As Corrected by the Sponsor -T.C. Ada - An act to amend § 6 1620 of Subarticle 2, Arti cle 6, Chapter 6 1, Title 2 1, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

Testimony on Bill No. 26-34 (COR), Bill No. 49-34 (COR), and Bill No. 75-34 (COR) should be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand de li very to our offi ce, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatna, Guam 969 10, via email to [email protected], or via facsimile to (671) 473-3303 no later than 5pm, June 6, 2017.

In compliance with the Ameri cans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-330 1.

Ada Plaza Center, Suite 207 • 173 .\spinall Ave. • Hagatiia, Guam 969 LO (67l) 473-3301 • Office@Senaror,\da.org • www.SenatorAda.org

--------~---- ,,,_ __,_ ___________ _ ....-: 9 , ~ ... T)io!"",.,,.

·· . · , . Committee on J:nvironment, Land, . . ·. . ·. _·, . . . . Agriculturti,:andProcurement Reform

i ;I · .· Publicllearing Notice ' 'fiie!iJay M;ay .30, 2017 , '···

I Liheslaturan Guahan, )?ublic Hearing Room

..

" 'AGENDA i . I .. ::OOpm

I BillNo• 26"34 (COR.l •. As €orrectedlJy'.the•Spomor -T.c:.Nelson - AN ACT i · TO AMEND SECTION 3 OF PUBLIC {::;AW 33-104 AND SECTION 2 OF

PUBLIC LAW 33-176, RELATIVE TO·EXTENDING THE TIMELINES AND MEANS OF NOTIFICATION FOifLAND FOR.THE LANDLESS Pl:JRCHASERS. i~ .. ~ ~- ·~f,, '.if.,:~;,'.

;f BlllNo. 49•34'CC0Rl -...d~~~ol~·!cT Tol~~,§ 5413 OF .. ~SfWAR,TICLE B, AR'f,I£IIBJ\G~TER~~Dl;VISl~~~l, Tl'J:'iE.JtS, GUAM 1

11 ~9.•.·.D.)E ...•. ;~. · .. OTATED,AND. §§311~.!i. ,.llJl·Q>···)·(.1)~~ ... 1'.•.@:~1.~!·3pl(d),AND . t31J~(tt)f!b ALL OF CHAPTER 3f"D!*!SIQN lt{~TI'FJ.l~~fGIT~'"' : ,Al>NnNIST,RATIVE RULES AND REBW~0NS, '.RELATIVE TO ~R~mtEMENT POLICIES GoVERNING SMAlIB{PURCHASES.

;··~~~~~~z1·-~4::~.- /:__/'-.--· ~ .6w~· .. ;,_ .. ;'-~:·_~·-·., --;~ :-~~:~·~'.-.;:,"'-- - ,g_.,..,.,,,,_~~- __ .. _____ ,-'11111,' o'J!I. "9A• ' . ; -~' I • '. ' n ' -a· ;Q;~d.,AN ACT ' "" ··'1~~~,;~~'it~BSIDB .. ~'ll~@~~g,:I(!?l1EJ~;·OHAFTBR 61; TITLE!: \ ~l;<gU~!L©PJ?~.©fujbj,m1fE~J-TO~~G]ISIONS BY·TIIE ·· · · ,.TERRIT~~~~~~~~~~s,.\~~\ , ·•.:. · ... ·.

• . ~9ivf.i~al;~ijiJf~-~~o~ sl1ould ~u~rhlt rec{~est to Rick: Salas at473-330l •

..,,,,;~';,··"y ?f'":'.fJ.''~~~~'§~~~~~dS, ·.·.

Guam Daily Post -· May 25, 2017


Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Knatro Na Lihes!at11ran G11ahan • 34th Guam Legislature

AGENDA PUBLIC HEARING

Tuesday May 30, 2017 I Liheslaturan Guahan, Public Hearing Room

The agenda is as follows:

2:00pm

Bill No. 26-34 (COR), As Corrected by the Sponsor -T.C. Nelson An act to amend Section 3 of Public Law 33-104 and Section 2 of Public Law 33-176, relative to extending the timelines and means of notification for Land for the Landless purchasers.

Bill No. 49-34 (COR) - T.A. Morrison An act to amend § 5213 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated, and § § 3111 (a), 3111 (b )(1 ), 3111 ( c )(1 ), 3111 ( d), and 3111 (f)(l ), all of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, relative to procurement policies governing small purchases.

Bill No. 75-34 (COR), As Corrected by the Sponsor - T.C. Ada An act to amend § 61620 of Subarticle 2, Article 6, Chapter 61, Title 21, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave.• Hagatfia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Committee on Environment, Land, Agriculture and Procurement Reform Public Hearing May 30, 2017

2:00pm I Lihes/aturan Guahan, Public Hearing Room

Bill No. 75-34 (COR), As Corrected by the Sponsor-T.C. Ada

SHEETN0.0

An act to amend § 6 1620 of Subarticle 2, Article 6, Chapter 61, Title 2 1, Guam Code Annotated, relative to decisions by the Territorial Land Use Commission.

NAME AGENCY/ ORAL WRITTEN IN NOTIN EMAIL ADDRRESS or (please print) ORGANIZATION TESTIMONY TESTIMONY FAVOR FAVOR CONTACT NUMBER

~)~ AtV!lkt 1)1-.m "'v Vt-- ,(.Ml '"'- • .::'{' ) v-: i l ~--a >- J I '"'"' · ~ · ~

u ()

Street Address: 590 S. Marine Corps Drive

Suite 733 ITC Building Tamuning, GU 96913

Mailing Address: P.O. Box 2950

Hagatiia, GU 96932

Website: http://dlm.guam.gov

E-mail Address: [email protected]

Telephone: 671-649-LAND (5263)

Facsimile: 671-649-5383

EDDIE BAZA CALVO Governor

RAY TENORIO Lieutenant Governor

May 26, 2017

Senator Thomas C. Ada 34th Guam Legislature

DIPATTAMENTON MINANEHAN TANO' (Department of Land Manag,ement)

GUBETNAMENTON GUAHAN (Government of Guam)

Chairman, Committee on Environment, Land, Agriculture & Procurement Reform

173 Aspinall Ave, Ste 207 Hagatna, Guam 96910

MICHAEL J .B. BORJA Director

DAVID V. CAMACHO Deputy Director

SUBJECT: Bill No. 75-34 - AN ACT TO AMEND §61620 OF SUBARTICLE 2,

ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

Buenas Yan Hafa Adai!

Bill No. 75-34 intends to establish a time period for project applications approved by the Guam (Territorial) Land Use Commission to commence w ithin a specific time period otherwise the Notice of Action which approved the project shall be deemed null and void.

Over the course of the last several years, projects approved decades ago were brought back to the forefront when the owners of the development announced plans to revive their projects. While the public has been reminded of these previously approved projects, there exist other approved large projects that are currently dormant.

Time limitations on variances and conditional use permits may be imposed under two existing processes:

1. The requirement of securing a building or clearing/grading permit for the subject project within one (1) year from the date of a recorded Notice of Action issued by the Guam Land Use Commission pursuant to Executive Order 96-026. Non-compliance of this requirement may result in voidance of the approved variance or conditional use permit; and

2. As a condition of approval of a Notice of Action imposed by the Commission.

We are confident that by embedding a sunset clause into §61620 will encourage long

term commitment by current and future development interests on Guam. Likewise, if approved, the proposal may deter "speculative investment" that is, the purchasing of

OLM Testimony on Bill No. 75-34 May 26, 2017 Page 2 of 2

property and applying a land use plan such as a conditional use, variance, or a change of zone for the purpose securing a higher land value for re-sell. Such activity has since left a lasting challenge to efforts by the government of Guam to deliberate land use planning efforts for the island . With the inherent authority on planning and forecasting land use matters, the Department of Land Management sees the value and importance of gauging land use development trends as a means to best evaluate applicability of land use regulations to community attributes and to plan for future regulatory considerations for the island as a whole.

The Department of Land Management and the Guam Land Use Commission respect the rights of private land owners to utilize their properties as they wish in accordance with governing laws and directives. We also recognize that conditions of the affected communities change over time and that approved projects from distant past may now encounter conditions that may not be suitable to the needs of the development or with the desires of the community.

Bill No. 75-34 further proposes the sunset provision be applied to previously approved applications three years from enactment of the bill. This provision is tactful and allows ample time for those developers to reassess their plans. However, we suggest additional language be added that requires the extension to be approved by the Guam Land Use Commission prior to the end of the three-year period from the recordation date of the Notice of Action.

The Department of Land Management supports Bill No. 75-34 with the suggested change.

Senseramente,

~~{!) -Director


Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Liheslaturan Guahan • 34rh Guam Legislature

COMMITTEE VOTE SHEET

Bill No. 75-34 (COR), As Corrected by the Prime Sponsor and Amended by the Committee on Environment, Agriculture, Land and Procurement Reform, "AN ACT TO AMEND§ 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION."

TO TO TO

REPORT

COMMITTEE MEMBERS SJGNATUREAND DATE DO NOT OUT

PASS PASS ONLY

SENA TOR THOMAS C. ADA tt/13/2011

7 Chairperson ~<!_. a.[) SENATOR JAMES V. ESP ALDON

-

Vice Chairperson

SPEAKER BENJAMIN J.F. CRUZ Member

SENATOR MICHAEL SAN NICOLAS Member

SENATOR REGINE BISCOE LEE t~~·/2 'f1'?{11 / Member

SENA TOR THOMAS A. MORRISON I 7'<i3/// // Member

/

SENA TOR WILLIAM M. CASTRO ~~__,) ~ Member ~::::;;;;....----

Ada Plaza Cemer, Suite 207 • 173 Aspinall Ave. • Hagaaia, G uam 969 10 (671) 473-3301 • [email protected] • www.SenatorAda.org

TO PLACE TO JN

ABSTAIN INACTIVE FILE


Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na L iheslaturan Gudhan • 34m Guam Legislature

COMMITTEE REPORT DIGEST

I. OVERVIEW

Bill No. 75-34 (COR) was introduced on April 12, 2017 by Senator Thomas C. Ada. Bill No. 75-

34 (COR) was corrected by the Sponsor on May 1, 2017. Bill No. 75-34 (COR) as corrected by

the Sponsor was referred on May 2, 2017 to the Committee on Environment, Lands, Agriculture

and Procurement Reform (the Committee). The Committee convened a public hearing on May

30, 2017 at I Liheslaturan Guahan.

Public Notice Requirements Public Hearing notices were disseminated via email to all senators and all main media

broadcasting outlets and published in the Guam Daily Post, a newspaper of general circulation,

on May 22, 2017 (5-Day Notice) and again on May 25, 2017 ( 48-Hour Notice), fulfilling the 5-Day Notice and 48-Hour Notice of the Open Government Law requirement.

Senators Present Senator Thomas C. Ada Senator James V. Espaldon Senator Regine Biscoe Lee Senator Tommy A. Morrison Vice Speaker Therese M. Terlaje

Committee Chairperson Committee Vice-Chairperson Committee Member Committee Member Legislative Member

The public hearing was Called-to-Order at 2:00pm.

II. SUMMARY OF TESTIMONY AND DISCUSSION

Chairperson Ada: He introduces Bill 75-34 (COR) as Corrected by the Sponsor. Bill 75-34

requires that when an approval is given to rezone, or to undertake a certain development, the

developer has so many years to start the project. If they don't, they go back to square one

and start all over again. There are projects out there that are in that category. Projects that were

approved decades ago. The Bill addresses this issue by requiring that within three years

construction needs to take place. He calls those who have signed up to testify .

Marvin Aguilar, Chief Planner Department of Land Management: Thank yo u Senator for

allowing us to present thi s testimony on behalf of the Department of Land Management. My

Director apologizes for not being here. I will now read the written testimony of Director Michael

Bo1ja, Director of the Department of Land Management (please see attached).

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Time limitations on variances and conditional use permits may be imposed under two existing

processes:

I. The requirement of securing a building or clearing/grading permit for the subject project within one (1) year from the date ofa recorded Notice of Action issued by the Guam Land Use Commission pursuant to Executive Order 96- 026. Non-compliance of this requirement may result in voidance of the approved variance or conditional use permit; and


3. The sunset provision applied to previously approved applications of three years from enactment of the Bill is tactful. It allows ample time for those developers to reassess their plans. We suggest additional language be added that requires the extension to be approved by the Guam Land Use Commission prior to the end of the three-year period from the recordation date of the Notice of Action.

Senator Morrison: In regard to some of these lands that were rezone. Particularly in the southern end. How would this Bill impact the PUD in Agat?

Marvin Aguilar: If I'm not mistaken, that project was approved even prior to 1992. It was approved prior to the executive order coming out. The executive order came up because we wanted to try and stifle speculative development. It threw a bad curveball in the different communities. The value that this Bill brings is, it separates speculative developers from those who are committed to development. The Bill would stop the fly-by-night developers. The fly-bynight developers were rampant back in the late 90s, and early 80s.

Senator Morrison: If this Bill gets enacted. Would the PUD in Agat start the process over? I've been told different stories.

Marvin Aguilar: Yes Sir it would. The Bill supports the direction of reassessing what you have on the property. It considers the current communities surrounding a proposed development. The PUD in Agat was proposed at a time when there was no adjacent home subdivision and no utilities in the area. At the time, it was welcomed. Now, the community does not care for the PUD. Therefore, we support the Bill now.

Chairperson Ada: The Bill does two things. One, it codifies the existing Executive Order 96 -26. Second, it reaches back to those projects that were approved prior to the promulgation of this executive order and says, get something started.

Vice Speaker Terlaje: How did the department enforce this I-year limit? Are they strict about it? If it's beyond a year is the plan over?

Marvin Aguilar: By nature of the Executive Order. The Commission will not go against the

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Executive Order. The Senator commented that there are plans that have been sitting for decades. The Windward Hills plan was created in 1963. When Windward Hills was created, the codification of zoning law was only eight years old. Getting back to your question. We track it a lot of times when folks do come back to act on previously approved plans. In a nutshell, Executive Order 96-26 allows us to put a line in the sand. It allows us to say, nothing has been done for 20 years, you go back to square one and reapply. We want to see a reassessment of a project with the current community inputs.

Vice Speaker Terlaje: Yes, I agree. The Bill clearly makes projects null and void if no action is done in the period, with no action from the Commission. What do you think about the change from one year to three years? The Executive Order says, you need to get your building permit within one year. This Bill would extend that to three years and allow for extension up to five years. Do you have an opinion?

Marvin Agnilar: We are very cognizant of private property rights. The three-year time line allows a developer the time to research financing, and infrastructure. Three years seems to be the median to plan a project. If you can't do a project in three years then something is wrong.

Vice Speaker Terlaje: Do the building permits expire?

Marvin Aguilar: My understanding is that building permits when issued, expire within a year.

Vice Speaker Terlaje: Mr. Chair, I would like to commend you. This is a good Bill. I think it does protect our communities. In fact, you're being more generous than the executive order, and giving them more time to comply. I appreciate this bill.

Chairperson Ada: Thank you. I think after 21 years, I'm sure there's a lot more regulations and hoops to jump through. Extending out for three years, to get something off the ground is reasonable. We have not received any testimony from the Guam Association of Realtors. I would expect that they would be the group that will be coming in and providing input. They will have time to submit testimony.

Chairperson Ada adjourn the public hearing for Bill No. 75-34 (COR) as Corrected by the Sponsor.

Written Testimonies: • Michael J.B. Borja, Director, Department of Land Management

Ada Plaza Center, Suite 207 • 173 Aspinall Ave.• Hag:itiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Ill. FINDINGS AND RECOMMENDATION

The Committee on Environment, Land, Agriculture and Procurement Reform finds that through testimonies submitted at the public hearing of Bill No. 75-34 (COR) as corrected by the sponsor,

The Department of Land Management had the following recommendations:

Time limitations on variances and conditional use permits may be imposed under two existing

processes:

I. The requirement of securing a building or clearing/grading permit for the subject project within one (!) year from the date of a recorded Notice of Action issued by the Guam Land Use Commission pursuant to Executive Order 96- 026. Non-compliance of this requirement may result in voidance of the approved variance or conditional use permit; and


3. The sunset provision applied to previously approved applications of three years from enactment of the Bill is tactful. It allows ample time for those developers to reassess their plans. We suggest additional language be added that requires the extension to be approved by the Guam Land Use Commission prior to the end of the three-year period from the recordation date of the Notice of Action.

The Department of Land Management is in support of Bill No. 75-34 (COR) as corrected by the Sponsor.

The Committee on Environment, Land, Agriculture and Procurement Reform further finds that the concerns of the Department of Land Management are addressed in the Bill.

The Committee on Environment, Land, Agriculture and Procurement Reform, hereby reports out Bill No. 75-34 (COR), as Corrected by the Sponsor and Amended by the Committee, with the recommendation to P.e:l'~itr o..ir •t-IL--/

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatfia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

I 111/NA 'TRENTAJ KUATTRO NA l/HESLATURAN GUAHAN 2017 (FIRST) Regular Session

Bill No. 7S--3f((/X')

Introduced by: Thomas C. Ada~ AN ACT TO ADD A NEW SUBSECTION (a) TO §61620 OF CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section l. Legislative Findings and Intent. I Lihes/aruran Gucllwn finds

3 that several projects have been approved by the Territorial Land Use Commission

4 (TLUC), the Guam Seashore Protection Commission (GSPC), the Guam Land Use

5 Commission (GLUC) and the Guam Territorial Seashore Protection Commission

6 (GTSP) over the years and that construction of these projects have not begun.

7 I Liheslaturan Guclhan further finds that Executive Order 26-96, Section 5

8 provides for a sunset provision for approved GLUC/GSPC projects.

9 I Lihes/aturan Guclhan intends to provide for a sunset provision for these

l 0 projects that construction have not been initiated and no building permits have

I I been granted.

12 Section 2. §61620, Article 6, Subarticle 2 of Chapter 61, Title 21, Guam

13 Code Annotated, is hereby amended to read:

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'·* 61620. Decision by Territorial Land Use Commission.

ill a: from the facts presented with the application at the

hearing, or by an

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investigation by or at the instance of the Commission, the

Commission makes the findings set forth in § 61617, it may grant the

variance in whole or in part, upon such terms and conditions as it

deems necessary to conform to the general intent and purpose of this

law. If the Commission fails to make said findings, it shall deny the

application. Each decision by the Commission authorizing a variance

from the regulations herein established must be by resolution adopted

by a majority of its membership, setting forth in writing the findings

required by § 61617, except that no written findings shall be required

in granting minor variances from the height, yard, lot width, lot area

or lot area per dwelling unit requirements. The Commission shall

make its decision on each variance application within a reasonable

time and shall forthwith furnish a copy thereof to the applicant and to

other parties in interest who have requested to be notified. Additional

copies of the decision shall be filed in the records of the Department

of Pub! ic Works. If the decision filed involves a variance granted by

the Commission, said variance shall be the authority for the Director

of Land Management to endorse aRd to issue any the issuance of a

building permit or certificate of occupancy in conformance thereto

and for the approval of any application for the approval of a required

license.

f.Ql The Applicant shall apply for and receive a building

permit for the approved Project within Three (3) years of the date of

recordation of the Notice of ~ct]Q1J.;j19wever a two-vear extension

mav be granted bv the Commission.

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LU In the event that after the fifth vear the Applicant has not

applied for and granted a building permit for the approved project. the

Notice of Action shall be deemed to be null and void.

All previouslv approved Projects shall be subject to (c)

Three (3) vears from enactment of this Act.

6 Section 3. Severability. If any provision of this law or its application to

7 any person or circumstance is found to be invalid or contrary to law, that invalidity

8 shall not affect other provisions or applications of this law that can be given effect

9 without the invalid provisions or applications, and to this end the provisions of this

I 0 law are severable.

' -'

COMMITTEE ON RULES Senator Michae.I F.Q. San Nicolas, Clulimzan

I Mi11a'Trenlai Kudttro 11a Lilzeslatzzran Gudhan • 341h Guam Legislature

To:

From:

Date:

Re:

Senator Thomas C. Ada


April 17, 2017

Return of Bill No. 75-34 (COR) to Prime Sponsor

Buenas yan Hara adai.

Please be advised that the Committee on Rules is unable to refer Bill No. 75-34 (COR) due to its inability to conform to the Standing Rules as to form and style (see (A)(2) on Pre-Referral Checklist).

Please be further advised that a more detailed analysis is available from the Legal Bureau. Please contact Attorney Julian Aguon, Legislative Legal Counsel at [email protected].

The Committee on Rules will continue to retain this bill in the pre-referral process, subject to corrections as submitted by the Prime Sponsor.

Attached, please see the COR pre-referral checklist for your information, which shall be attached as a committee report item to the bill.

For guidance and questions, please feel free to contact Christian Valencia, Committee on Rules Director, at 472-6453.


GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910 Tdcphonc: (671) 472-64.53 • Email address: [email protected]

COR MEMO R-20-041717

COMMITTEE ON RULES Senator Michael F.Q. San Nicolas, Chairman

I Mina'Trentai Kudttro na Lilieslaturan Gudl1an • 341h Guan\ Legislature

PRE-REFERRAL CHECKLIST

BILL NO. 75-34 (COR) AN ACT TO ADD A NEW SUBSECTION (a) TO §61620 OF CHAPTER 61,

TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

(1) One subject matter? Notice to Legal Bureau: ~§ 6.0l(a), 2 GCA § 2108(a)]

ES 1=Li'l-Li1 o NO (Return to Prime Sponsor) ' . (A) Legal Bureau

(2) Conform to Standing Rules as to Completed by Legal Bureau:

form and style? ~ b~ b1 'I :4i, t\.WI [SR§§ 6.02(b) and (d), 6.03(d)] I •

~s 0 (Return to Prime Sponsor)

(1) Does the Bill contain appropriations or authorizations for appropriations from any fund sources?

lll"No Notice to OFB:

oYES oN/A 4/1z.Li1

(2) Does the Bill contain an r • (B) Office of Finance & authorization to expend Completed by OFB: Budget (OFB)

government!:1:ids? t.ltt/11 4:zgrm oYES 0 oN/A

I I

(3) Does the Bill contain provisions that have potential fiscal impacts on the governm~fGuam budget? oYES 0 oN/A Is the fiscal impact revenue negative to the government of Guam budget? Co1Vf;W) DYES

CORAction (Refer to Committee on Appropriations)

ONO

~A

. ~~ . ,._it!

··~ ti.~.~ ) .. ~~· ··--~ .. ------------ ·. ll!l~~~~p~~~L------------ouAM .CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910

Telephone.- (671) 472-6453 • Email addresg, [email protected]

Page 1of2

PRE-REFERRAL CHECKLIST

BILL NO. 75-34 (COR) AN ACT TO ADD A NEW SUBSECTION (a) TO §61620 OF CHAPTER 61,

TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

(C)DEBT

(1) SR§ 6.01 (b)(l){A) Land, Infrastructure, Building Projects, Capital Improvement Projects

(2) SR§ 6.01 (b)(l)(B) Refinancing of existing debt (not less than 2%)

~IA oYES o NO (Return to Prime Sponsor)

i--~~~~~~~~t--r.-:.,-----~~~~~~~~~u

(3) SR§ 6.01 (b)(2) Authorize public debt to fund operations of agency, instrumentality, public corporation

CORAction

For COR Office Use Only

o YES (Return to Prime Sponsor) oNO o Waived (per official state of

emergency, as attached)

eturn to Prime Sponsor o Refer to:

k. f- ~('2) i ~.l .l:__ ~4f.. (Ml{.

&,..;l m. e.

Pursuant to COR decision (COR Meeting, April 3, 2017):

~eted within five (5) working days?

YES

ONO

Completed by: (Signature, Date & Time)

It~" ~

Initial: e. I/NO: Provide letter of explanation (see attached).

'6.!.,j

______ '.-1~~~------GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910

Telephone: (671) 472-6453 • Email address: [email protected]

Page 2 of 2

I

I tl'f/NA 'TRENTAl KUATTRO NA LIHESLATURAN GUAllAN 2017 (FIRST) Regular Session

Bill No. 75-34 (COR) .<\s (:orrected by .the Sponsor,

Jntroduced bv· " . Thomas C. Ada

AN ACT TO .4114END § 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAJ\'l CODE ANNOTATED, H.ELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE CO!\'t'VUSSION.

BE IT ENACTED BY THE PEOPLE OF GUAlW:

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o· w

2 Section 1. Legislative Findings and Intent. 1 Liheslaturan Gulllum finds ~ 3 1.ha1 several projects have been approved by the Territorial Land Use Commission

4 ('fLUC). the Guam Seashore Protection Commission (GSPC), the Guam Land Use

5 Commission (GLUC) and the Guan1 Territorial Seashort~ Protection Commission

6 (GTSP) over the years. and that construction of these projects have not begun.

7 I Liheslaturan Guiihan forther finds that Section 5 of Executive Order 96-

8 26, provides a sunset provision for approved GLUC/GSPC projects.

9 Th<:crefore, I Liheslaturan Ciuiihan intends to provide a sunset provision for

l 0 those projects in which construction has not been initiated and no building permits

l l have been granted.

12 Section 2. § 61620 ofSubartic!e 2, Article 6, Chapter 61, Title 2L Guam

13 Code Annotated, is hereby wnended to read:

!4 "i\ 6'16'() !SJ. ___ ., Dt•cision by Territorial Land Use Commission.

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Lill II~ from the tncts presented \vith the application at the

hearing, or by an investigation by or at the instance of the

Commissim1, the Commission makes the findings set forth in§ 61617.

it may grant the variance in whole or in part, upon such terms and

eon<litions as it deems necessary to conform to the general intent and

purpose of this lav,:. If the Commission foils to make said findings, it

shall deny the application. Each decision by the Commission

authorizing a variance from the regulations herein established must be

by resolution adopted by a majority of its membership, setting forth in

writing the findings required by § 616 J 7, except that no vvritten

findings shall be required in gnmting minor variances from the height,

yard, lot width, lot area or lot area per dwelling unit ret1uiren1ents. fhe

Commission shall make its decision on each variance application

within a reasonable time and shall forthwith furnish a copy thereof to

the applkant and to other parties in interest who have requested to be

notified. Additional copies of the decision shall be filed in the records

of the Department of Public \Vorks. If the decision filed involves a

variance granted by the Commission, said variance shall be the

authority for the Director of Land l'vfanagement to endorse tlfil4•

tssHe-afl:Y the issuance of a building permit or certificate of occupancy

in confonnance thcrnto and .fuf-the approval of any application for !:Ire

€1J:7f.lfflwMtf a required license,

Hu The_;mplicant shall apply for and receive a. building

J2\:n:nit for _the approvs:g_proJs~.LlYl!hin. thr~~Ql. vears of the dat£ of

i:ecordaj.i<~n o{ tl1e Notice of Action; provided, however, that a two (21

vear extension mav be v.ranted bv the Commission. ~-·-------~-· -·--"' - .

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(c) In the _~vent that the agplicant has not applied for and has

not been 12ranted a building permit for the approved project alter the

fjJ1h (5'11! vear from the date ofapprovaL lhe l:JoJic~ of Action shall be

fieemed null and void.

( d) Al.Lm:eviQ_uslv approve,i;J projects shall be sub.1£.ct to

Subsection {c) of rhis Section three (3) years from the enactmentgJ

this Act."

8 Section 3. Severability. If any provision of this act or its application to

9 any person or circumstance is found Io be invalid <>r contrary to Jaw, that invalidity

IO shall not affect other provisions or applications of this act that can be given effec.t

11 vvithout the invalid provisions or applications. and to this end the provisions of this

!2 act are severable.

I MINA 'TRENT AI KUATTRO NA LIHESLATURAN GUAHAN 2017 (FIRST) Regular Session

Bill No. 75-34 (COR) As Corrected by the Prime Sponsor and Amended By the Committee on Environment, Agriculture, Land and Procurement Reform.

Introduced by: Thomas C. Ada

AN ACT TO AMEND § 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds

3 that several projects have been approved by the Territorial Land Use Commission

4 (TLUC), the Guam Seashore Protection Commission (GSPC), the Guam Land Use

5 Commission (GLUC) and the Guam Territorial Seashore Protection Commission

6 (GTSP) over the years, and that construction of these projects have not begun.

7 I Liheslaturan Guahan further finds that Section 5 of Executive Order 96-

8 26, provides a sunset provision for approved GLUC/GSPC projects.

9 Therefore, I Liheslaturan Guahan intends to provide a sunset provision for

10 those projects in which construction has not been initiated and no building permits

11 have been granted.

12 Section 2. § 61620 of Subarticle 2, Article 6, Chapter 61, Title 21, Guam

13 Code Annotated, is hereby amended to read:

14 "§ 61620. Decision by Territorial Land Use Commission.

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.@} If, from the facts presented with the application at the

hearing, or by an investigation by or at the instance of the

Commission, the Commission makes the findings set forth in § 61617,

it may grant the variance in whole or in part, upon such terms and

conditions as it deems necessary to conform to the general intent and

purpose of this law. If the Commission fails to make said findings, it

shall deny the application. Each decision by the Commission

authorizing a variance from the regulations herein established must be

by resolution adopted by a majority of its membership, setting forth in

writing the findings required by § 61617, except that no written

findings shall be required in granting minor variances from the height,

yard, lot width, lot area or lot area per dwelling unit requirements. The

Commission shall make its decision on each variance application

within a reasonable time and shall forthwith furnish a copy thereof to

the applicant and to other parties in interest who have requested to be

notified. Additional copies of the decision shall be filed in the records

of the Department of Public Works. If the decision filed involves a

variance granted by the Commission, said variance shall be the

authority for the Director of Land Management to endorse aaEI to

issue aay the issuance of a building permit or certificate of occupancy

in conformance thereto and fer.the approval of any application for the

approval of a required license.

.(hl The applicant shall apply for and receive a building

permit for the approved project within three (3) years of the date of

recordation of the Notice of Action; provided, however, that a two (2)

year extension may be granted by the Commission.

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In the event that the applicant has not applied for and has

not been granted a building permit for the approved project after the

fifth (5 1h) year from the date of approval of the Notice of Action, the

Notice of Action shall be deemed null and void.

.{ill All previously approved projects shall be subject to

6 Subsection (c) of this Section three (3) years from the enactment of

7 this Act."

8 Section 3. Severability. If any provision of this act or its application to

9 any person or circumstance is found to be invalid or contrary to law, that invalidity

10 shall not affect other provisions or applications of this act that can be given effect

11 without the invalid provisions or applications, and to this end the provisions of this

12 act are severable.

3

COMMITTEE ON RULES Senator Michael F.Q. San Nicolas, Clwimzan

I Mina'Trenlai Kuiittra na Lilteslaturan Gun/tan • 34'h Guam Legislature

MEMO To:

From:

Date:

Re:

Rennae Meno Clerk of the Legislature


May 11, 2017

Fiscal Note Waiver

Buenas yan Hata adai.

Attached, please find the fiscal note waivers (as advised by BBMR) for the following bills:

Bill No. 75-34 (COR)

Bill No. 81-34 (COR}

Please forward the same to Management Information Services (MIS) for posting on our website.

For any questions or concerns, please feel free to contact Christian Valencia, Committee on Rules Director, at 472-2461.


Respectfully,

n Nicolas Chairman of the Committee on Rules

¥oi, I

··. I [J.~rm~c·_· M[r·~~"'·gr r-. ~11mm~ .1 _..,d,ILtli.'.H:....~-------------

GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910 Telephone: (67 l) 472-6453 • Email address: [email protected]

t BUREAU OF BUDGET & MANAGEMENT RESEARCH OFFICE OF THE GOVERNOR

Post Office Box 2950, Hagalfia Guam 96932

EDDIE BAZA CALVO GOVERNOR

RAY TENORIO LIEUT EN ANT GOVERNOR

Senator Michael F.Q. San Nicolas Chairman, Committee on Rules

MAY 102017

I Mina'Trentai Kuilttro na Liheslaturan Guahan 34•h Guam Legislature Guam Congress Building 163 Chalan Santo Papa Hagatfia, Guam 96910

Hafa adai Senator San Nicolas:

.JOSE S. CALVO DIRECTOR

LESTER L. CARLSON, JR. DEPUTY DIRECTOR

The Bureau requests that Bill No(s). 75-34 (COR) be granted a waiver pursuant to Public Law 12-229 as amended for the following reason(s):

Legislative Bill No. 75-34 is seeking to amend § 61620 of Subarticle 2, Article 6 of Chapter 61, Title 21 of the Guam Code Annotated relative to the decisions by the Territorial Land Use Commission. The amendments intend to provide a "sunset provision" for projects in which construction has not been initiated and no building permits have been granted to the applicant after the fifth (5th) year from the date of approval, to which the Notice of Action shall be deemed null and void.

The proposed amendments are administrative in nature and would not fiscally impact the appropriations for FY 2017.

Si Yu'os Ma'ase,

Senator Thomas C. Ada, Vice Chairperson

Speaker Benjamin J.F. Cruz,· Member

Vice Speaker Therese M. TerlaJe, Member

Senator Frank B. Aguon, Jr., Member

Senator Telena C. Nelson, Member

COMMITTEE REPORT CHECKLIST Partl/1

BILL NO. 75-34 (COR)

Senator Dennis G. Rodriguez, Jr., Member

Senator Joe.S. San Agustin, Member

Senator Michael F.Q. San Nicolas, Member

Senator James V. Espaldon, Member

Senator Mary C. Torres, Member

As corrected by the Prime Sponsor; and amended by the Committee. AN ACT TO AMEND § 61620 OF SUBARTICLE 2, ARTICLE 6, CHAPTER 61, TITLE 21, GUAM CODE

ANNOTATED, RELATIVE TO DECISIONS BY THE TERRITORIAL LAND USE COMMISSION.

REFERRED TO: Senator Thomas C. Ada, Committee on Environment, Land, Agriculture, and Procurement Reform

(A)

~ Requested by COR Date & Time: YES o NO

ffiClu "'· Wl\tt (Iii \\:'??> l1m l?r1Recelved by COR Date'& Time: ES o NO

\(\14\ \ \\ • 7'0\1'\ fi. QJ.Lt 'llm (3) Waived by COR Date'& Time: - \

OYES o NO lfY~ (4/5)(a) Funding Avallablllty

(4) Bill contains appropriations or Note/Waiver (OFB) attached?

authorizations for appropriations o YES

from any fund sources? o NO [Unable to file CMTE Report)

o YES )(NO (4/5)(b) Funding source ldenttfied? 2GCA§ 9101

o YES FISCAL NOTE or WAIVER

o NO [Proceed to {A)[6))

(5) Bill contains an authorization (4/5)(c) Funds available and sufficient?

to expend government funds? 2 GCA § 9101 o YES °)(NO o YES

o NO {Proceed to {A)[6))

(6) Restrictions Against Unfunded If no boxes checked: Appropriations (2 GCA § 9101)

o Identifies specific alternate funding source UNABLE TO PLACE ON

D De-appropriates from previous SESSION AGENDA appropriation with available funds and 2GCA § 9102 fiscal note

D Written certification by CMTE Chair that a situation exists which "threatens the safety, health and welfare of the community 11

GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 969!0 Telcpht)ne: (671) 472~3455 • Email address: [email protected]

Committee Report Checklist on Bill No. 75-34 (COR) As corrected by the Prime Sponsor; and amended by the Committee. Part 1 I 1

(8) PUBLIC HEARING

(1) HEARING NOTICES SR§§ 6.04(a)(l) and 6.04(a)(2), Open Government Law (5 GCA, Ch. 8)

)(Ca) Five (5) working days prior (A L Senators & ALL Media)

)({b) Forty-eight (48) hours prior (ALL Senators & ALL Media)

(2) Date and Time of Hearing:

\

(3) Location: Public Hearing Room, Guam

Congress Building

Date and Time of Notice:

Date and Time of Notice:

or (4) HEARING WAIVED

by Speaker in case of emergency

SR§ 6.04(a)(l)

o YES o NO o N/ A

If YES: Attach memo indicatlna WAIVER

(5) AMENDMENTS or SUBSTITUTIONS BY COMMITIEE SR§ 6.04(b)

(a) Committee elects to substitute bill?

)(YES o NO

(b) Bill materially different after committee amendment or substitution? o YES )(No

If YES: Date and Time:

(a)(l) Vote sheet affirmative? o YES o NO

(a)(2) Preliminary report filed with COR? SR § 6.04(b)(2)

o YES o NO

(a)(3) Public Hearing noticed? o YES o NO

If YES: SECONDARY PUBLIC HEARING MAY

BE REQUIRED

SR§ 6.04(c) (3)

o YES o NO

COR Chair

2


(1) Committee Notes: Report filed with COR?

x_YES o NO

If YES: Date & Time:

~,\'~-\ "\@ \°l: ~\· 1\1") (l)(a) Secondary CMTE Report filed with COR? J(t o YES NO o N/A

If YES: Date& Time:

If NO: UNABLE TO PLACE ON SESSION

AGENDA SR§ 6.04(d)(l)

(2) LAND LEGISLATION.

(a) Bill involves government taking, transfer, purchase, or lease of land?

. (C) COMMITTEE o YES ~o o N/A

,· REPORT If YES:

(a)(l) Please indicate on both ATTACH TWO (2) PROPERTY columns: APPRAISALS TO CMTE REPORT

(i) Type of (ii) Type of entity: SR § 6.04(c) (4) . transaction: o Government 2 GCA § 2107(b)

o Taking o Non-government o Transfer

o Purchase

o Lease

If YES: (b) Biii invoives legislative land INCLUDE rezoning? Land Zoning Consideration o YES ;x_No o N/A Report

2 GCA § 2110

If YES:

(b )(1) Bill involves legislative rezoning INCLUDE

of property zoned Agricultural (A)? Agricultural Consideration

o YES D NO 'X!'tA Report (Dept. of Agriculture)

2 GCA § 2110 iProceed to lbl 1211

(b )(2) Proof of Agricultural consideration report reviewed by Guam Land Use Commission? 21 GCA § 61637

D YES D NO 'rsi:'.NtA '

3


(3) G.A.R.R. LEGISLATION SR§ 6.04{c}(l)

5 GCA §§ 9301 and 9303 a) Bill involves approving or If YES: amending Rules and INCLUDE Regulations? Economic Impact Statement

DYES o NO YN;A 5 GCA §§ 9301 (d), 9301 (e), 9301 (f) ' (4) COMMITTEE REPORT COMPONENTS

(a) Front Paqe Transmittal to Speaker V" la)Cl} COR Chair Siqnature Line v

(b) ntle Paqe ~ (c) Committee Chair Memo to All Committee Members ~ (d) COR Referral Memorandum )a<

(e) Notice of Public Hearing & Other Correspondence ':<' (f) Public Hearinq Aqenda y

(D) COMMITTEE REPORT (g) Public Hearing Sign-in Sheet ')l<' (continued) (h) Written Testimonies & Additional Documents y

Cil Committee Vote Sheet(s) y (j) Committee Report Diqest(s) }.>

(k) Bill History )§

(k)(l) Copy of Bill as introduced .'o'

CklC2l COR Pre-Referral Checklist ~ (k)(3) Copy of Bill as corrected by Prime Sponsor (if aoolicablel ........... (k)(4) Copy of Bill ascg:mendeQtsubstituted by Committee

~ (if applicable) Substitute/Amended Mark-Up Version 'x"'

I :l l l~ ~ a, .-~\?\l\S ubstituteAAme~ord-Version Emailed to COR? ~ -

(I) Fiscal Note..tWaive~nd Fundinq Availability Note {OFB v (m) Two (2) Property Appraisals (if applicable) D

(n) Related News Reports (optional) D

(o) Miscellaneous (optional) D

(p) Committee Report Checklist(s) x Oriqinals v

Single-Sided .)(" Letter Size y

No Staples/ Paper Clips x )(CMTE Report duly filed;

Available for Placement on Session Agenda COR CHAIR

(E) COR Action o CMTE Report non-conforming {Sign~ture, Date & Time) for acceptance; Return to f!i)i1 J

1i9,_ 0if\r/ n

Committee ~/ ~~~~\I\ ft\ i:'\:fk?M -g I - \

4

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