carl t.c. governor of - 35th guam legislature. 26-147.pdf · governor of guam attachments: original...

44
CARL T.C. GUTIERREZ GOVERNOR OF GUAM SEP 2 7 2002 The Honorable Joanne M. S. Brown Legislative Secretary I Mina'Bente Sais na Liheslaturan Guihan Twenty-Sixth Guam Legislature Suite 200 130 Aspinal Street Hagitiia, Guam 969 10 Dear Legislative Secretary Brown: Enclosed please find Bill No. 183 (COR) "AN ACT TO ADD 5 5 1304 TO TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO APPROPRIATING FUNDS TO IMPLEMENT P.L. NO. 24-246 AND TO ESTABLISH REPORTING REQUIREMENTS FOR PAPER RECYCLING," which was signed into law as Public Law No. 26-147. This legislation adds a new section to the previous sections enacted in Public Law No. 24-246 which provided for a pilot program for recycling of paper. This section added in this legislation calls for the successful bidder on the pilot paper recycling project to fie a report concerning the total type and amount of paper recycled, the cost of the recycling compared to landfill disposal or other methods of disposal, and recommendations for the future of this type of project. Very truly yours, Carl T. C. Gutierrez I Magaxahen Gu&han Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation and legislation enacted without signature cc: Tlie Honorable Antonio R, Unpingco Speaker Ricardo J. Bordallo C;overnorls Complex Post Office Box 2950, Agana, Guam 96932 (h71)472-0931 Fax (671)477-GUAM

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Page 1: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

CARL T.C. GUTIERREZ GOVERNOR OF GUAM

SEP 2 7 2002

The Honorable Joanne M. S. Brown Legislative Secretary I Mina'Bente Sais na Liheslaturan Guihan Twenty-Sixth Guam Legislature Suite 200 130 Aspinal Street Hagitiia, Guam 969 10

Dear Legislative Secretary Brown:

Enclosed please find Bill No. 183 (COR) "AN ACT TO ADD 5 5 1304 TO TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO APPROPRIATING FUNDS TO IMPLEMENT P.L. NO. 24-246 AND TO ESTABLISH REPORTING REQUIREMENTS FOR PAPER RECYCLING," which was signed into law as Public Law No. 26-147.

This legislation adds a new section to the previous sections enacted in Public Law No. 24-246 which provided for a pilot program for recycling of paper. This section added in this legislation calls for the successful bidder on the pilot paper recycling project to f ie a report concerning the total type and amount of paper recycled, the cost of the recycling compared to landfill disposal or other methods of disposal, and recommendations for the future of this type of project.

Very truly yours,

Carl T. C. Gutierrez I Magaxahen Gu&han Governor of Guam

Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

and legislation enacted without signature

cc: Tlie Honorable Antonio R, Unpingco Speaker

Ricardo J. Bordallo C;overnorls Complex Post Office Box 2950, Agana, Guam 96932 (h71)472-0931 Fax (671)477-GUAM

Page 2: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2002 (SECOND) Regular Session

This is to certify that Bill No. 183 (COR), "AN ACT TO ADD 5 51304 TO TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO APPROPRZATING FUNDS TO IMPLEMENT P.L. NO. 24-246 AND TO ESTABLISH REPORTING REQUIREMENTS FOR PAPER RECYCLING," was on the 4' day of September, 2002, duly and regularly passed.

--

Senator and Legislative Secretary

This Act was received by 1 Maga'lahen Guiihan this /[A@( day of s:&7 v l . ' ~ ~ , 2002,

at 3 . o'c~ock f .M.

Assistant Staff Officer Maga'lahi's Office

APPROVED:

CARL T. C. GUTIERREZ I Maga'lahen GuBhan

Date: 9 - 6 7 - d Z

Public Law No. A e W 7

Page 3: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session

Bill No. 183 (COR) As amended on the Floor.

Introduced by: V. C. Pangelinan J. M.S. Brown J. T. Won Pat Mark Forbes K. S. Moylan J. F. Ada T. C. Ada F. B. Aguon, Jr. E. B. Calvo F. P. Camacho M. C. Charfauros L. F. Kasperbauer L. A. Leon Guerrero A. L.G. Santos A. R. Unpingco

AN ACT TO ADD 5 51304 TO TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO APPROPRIATING FUNDS TO IMPLEMENT P.L. NO. 24-246 AND TO ESTABLISH REPORTING REQUIREMENTS FOR PAPER RECYCLING.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guihan

3 finds that there needs to be an appropriation for Public Law Number 24-246,

4 relative to the establishment of methods to contract for collection of recyclable

5 paper.

Page 4: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Such appropriation is necessary to implement Public Law Number 24-

246 in order for our Island community to better promote and encourage

recychg to reduce the flow of refuse into our waste stream. Further, such

appropriation will accelerate the operation of an Island-wide recycling center

for paper, the most viable and practical source, by a non-governmental

instrument. With minimal financial support provided to a qualified

contractor to collect recyclable paper, we may have taken a major step to

significantly reduce the burden on our landfill and to our environment.

Section 2. Appropriation. One Hundred Fifty Thousand

Dollars ($150,000.00) per annum is hereby appropriated for Fiscal Year 2003

and Fiscal Year 2004 from the Solid Waste Operations Fund, to implement the

pilot paper-recycling program as outlined under Public Law Number 24-246.

Section 3. Section 51304 is hereby added to Article 3, Chapter 51,

Part 2, Division 2 of Title 10 of the Guam Code Annotated to read as follows:

"Section 51304. Report. Each successful bidder shall file a

report on a quarterly basis with I Maga'lahen Gudhan and I Liheslaturan

Gudhan, outlining the following:

(a) total type and amount of paper recycled;

(b) cost comparison of the cost of the paper-recycling

program versus landfill disposal of paper, or any less-than-

conventional methods of paper waste reduction; and

(c) recommendations for permanent implementation and

improvements to the recycling program."

Page 5: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

1 Section 4. Severability. I f any provision of this Law or its

2 application to any person or circumstance is found to be invalid or contrary to

3 law, such invalidity shall not affect other provisions or applications of this

4 Law which can be given effect without the invalid provisions or application,

5 and to this end the provisions of this Law are severable.

Page 6: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

I MINA' BENTE SAIS NA LlHESLATURAN GUAHAN 2002 (SECOND) Regular Session

Date: flfd'&- VOTING SHEET

Bill No. /h?3 Resolution No. Question:

, SANTOS, Angel L.G. UNPINGCO, Antonio R. /'. WON PAT, Judith T.

TOTAL

CERTIFIED TRUE AND CORRECT:

Clerk of the Legislature

* 3 Passes = No vote

EA = Excused Absence

Page 7: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

1 Such appropriation is necessary to implement Public Law Number 24-

246 in order for our Island community to better promote and encourage

recychg to reduce the flow of refuse into our waste stream. Further, such

appropriation will accelerate the operation of an Island-wide recycling center

for paper, the most viable and practical source, by a non-governmental

instrument. With minimal financial support provided to a qualified

contractor to collect recyclable paper, we may have taken a major step to

significantly reduce the burden on our landfill and to our environment.

Section 2. Appropriation. One Hundred Fifty Thousand

Dollars ($150,000.00) per annum is hereby appropriated for Fiscal Year 2003

and Fiscal Year 2004 from the Solid Waste Operations Fund, to implement the

pilot paper-recycling program as outlined under Public Law Number 24-246.

Section 3. Section 51304 is hereby added to Article 3, Chapter 51,

Part 2, Division 2 of Title 10 of the Guam Code Annotated to read as follows:

"Section 51304. Report. Each successful bidder shall file a

report on a quarterly basis with I Maga'lahen Gudhan and I Liheslaturan

Gudhan, outlining the following:

(a) total type and amount of paper recycled;

(b) cost comparison of the cost of the paper-recycling

program versus landfill disposal of paper, or any less-than-

conventional methods of paper waste reduction; and

(c) recommendations for permanent implementation and

improvements to the recycling program."

Page 8: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

1 Section 4. Severability. I f any provision of this Law or its

2 application to any person or circumstance is found to be invalid or contrary to

3 law, such invalidity shall not affect other provisions or applications of this

4 Law which can be given effect without the invalid provisions or application,

5 and to this end the provisions of this Law are severable.

Page 9: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

I I

b

2001 (FIRST) Regular Session - f i Bill No. 183 (COR)

0 r Introduced by: V.C. pangelinan x- 4,

AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan

3 finds that there needs to be an appropriation for Public Law No. 24-246, relative to

4 the establishment of methods to contract for collection of recyclable paper.

5 Such appropriation is necessary to implement Public Law No. 24-246 in order for

6 our island community to better promote and encourage recycling to reduce the flow of

7 refuse into our waste stream. Further, such appropriation will accelerate the operation

8 of an island-wide recycling center for paper, the most viable and practical source, by

9 a non-governmental instrument. With minimal financial support provided to a

10 qualified contractor to collect recyclable paper, we may have taken a major step to

11 significantly reduce the burden on our landfill and to our environment.

Section 2. Appropriation. One Hundred Fifty Thousand Dollars 9

~ f ~ ~ I l i 0 , 0 0 4 0 0 ) per annum is hereby appropriated for fiscal year 2OWand fiscal

f / 14 year 2 0 d f r o m the Solid Waste Operations Fund, to implement the pilot paper-

15 recycling program as outlined under Public Law No. 24-246. -

Page 10: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

@ PassedFANo. 1 Date: $?/ST Time:

FLOOR AMENDMENTSICHANGES Bill NO. / F.3 Cm>

senator Proposing Amendment

(Below for Senator to complete) Please describe proposed amendment, including where change to occur:

1

...........................................................................................................................

(Below only for Clerk of Legislature's use and processing)) 1

Date d 2 + 2 0 0 2 I

Floor Amendment No. / of a total of changes on above Bill.

Votes For Amendment: Votes Against Amendment: AMENDMENT PASSED: /

Amendment Failed: Amendment Withdrawn:

APPROVED AS TO FORM PASSED

AMENDMENT

Concur (initial)

/w ~ l e r d o f Legislature Speaker

- Assrt. Amend. Clerk Engrossment Staff

Page 11: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

a- P,sassed FA No. ate: qab Time:

FLOOR AMENDMENTSICHANGES Bill No. / g.3

Senator Proposing Amendment

(Below for Senator to complete) Please describe proposed amendment, including where change to occur:

(Below onlyfor Clerk of legislatt~re's use and processing))

Date d$+T.002

Floor Amendment No. of a total of changes on above Bill. Votes For Amendment: Votes Against Amendment: AMENDMENT PASSED: /

Amendment Failed: Amendment Withdrawn:

APPROVED AS TO FORM PASSED

Concur (initial)

~ $ r k of Legislature Speaker

Ass't, Amend. Clerk Engrossment Staff

Page 12: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Date: zFANo % 3- Time:

I MINA'BENTE SAIS NA LIHESLATURAN G ~ I ~ ~ A N

FLOOR Bill No.

Senator Proposing Amendment

(Belowfor Senator to complete) Please describe proposed amendment, including where change to occur:

(Below only for Clerk of legislature's use and processing))

Date d l ZOO2 '1

Floor Amendment No. 7 of a total of changes on above Bill.

Votes For Amendment: Votes Against Amendment: AMENDMENT PASSED: /

Amendment Failed: Amendment Withdrawn:

APPROVED AS TO FORM PASSED

F AMENDMENT

Concur (initial)

c C rk of Legislature Speaker

Ass't. Amend. Clerk Engrossment Staff

Page 13: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session

Bill No. 183 (COR) As amended on the moor.

Y

Introduced by: V. C. Pangelinan J. M.S. Brown J. T. Won Pat Mark Forbes K. S. Moylan J. F. Ada T. C. Ada F. B. Aguon, Jr. E. B. Calvo F. P. Camacho M. C. Charfauros L. F. Kasperbauer L. A. Leon Guerrero A. L.G. Santos A. R. Unpingco

AN ACT TO ADD 5 51304 TO TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO APPROPRIATING FUNDS TO IMPLEMENT P.L. NO. 24-246 AND TO ESTABLISH REPORTING REQUIREMENTS FOR PAPER RECYCLING.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan

3 finds that there needs to be an appropriation for Public Law Number 24-246,

4 relative to the establishment of methods to contract for collection of recyclable

5 paper.

Page 14: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

' 1 Section 3. A new $5 1404 is hereby added to Article 4 of Chapter 5 1, Part 2,

2 Division 2, Part I of Title 10, Guam Code Annotated, to read as follows:

3 "$51404. Report. Each successful bidder shall file a report on a

4 quarterly basis with the Governor and the Legislature, outlining

5 the following:

6 (a) Total type and amount of paper recycled;

7 (b) Cost comparison of the cost of the paper-recycling program

8 versus landfill disposal of paper, or any less-than-conventional

9 methods of paper waste reduction;

10 (c) Recommendations for permanent implementation, and

11 improvements to the recycling program."

12 Section 4. Severability. lfany provision of this Law or its application to

13 any person or circumstance is found to be invalid or contrary to law, such invalidity

14 shall not affect other provisions or applications of this Law which can be given effect

15 without the invalid provisions or application, and to this end the provisions of this

16 Law are severable.

Page 15: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

AUG 1 4 1998

CARL T.C. GUTIERRU GOVERNOR OF GUAM

The Honorable Antonio R. Unpingco Speaker Mina'Bente Kudttro na Liheslaturan GuAhan Twenty-Fourth Guam Legislature Guam Legislature Temporary Building 155 Hesler Street Hagitiia, Guam 96910

OFFICE OF THE LEGISP.TiVt 5EmARY ryy.:r;$rl ' ? n *'\'- crrFl-r

A " , , , , - \ ; a 2 b : ~ : : i q=--.r,

Recsivi.4 :?;!

e 110 148 Dzse 1

A

Dear Speaker Unpingco:

Enclosed please find Bill No. 557 (COR), "AN ACT TO ADD ARTICLE 4 TO CHAPTER 51, PART 2, DMSION 2, PART I OF TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER", which I have signed into law today as Public Law No. 24-246.

This legislation intends to set up a pilot paper-recycling program. It provides that the Director of Department of Public Works enter into a 2-year contract with a private business or non-profit organization to accept and collect recyclable paper, including newsprint and magazines. The contractor shall accept and pay for all recyclable paper. The contractor is to receive $150,000 per annum, appropriated from the Solid Waste Operations Fund.

Very truly yours,

I Maga'lahen Guihan Governor of Guam f: 4 .? -yq

; r . . J 3.d

Attachment: copy attached for signed bill original attached for vetoed bill .

cc: The Honorable-Joanne M. S. Brown Legislative Secretary

Ricardo I. Bordallo Governor's Complex Post Office Box 2950, Agana, Guam 96932 1671 M72-8931 Fax 1671 )477-GUAM

Page 16: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MINA'BENTE KUATT'RO NA LIHESLATURAN GUAHAN 1998 (SECOND) Regular Session

CERTIFICATION OF PASSAGE OF AN ACT TO I M A G A ' L A H E N G U A H A N

T h s is to cerbfy that Bill No. 557 (COR), "AN ACT TO ADD ARTlCLE 4 TO CHAPTER 51, PART 2, DMSION 2, PART I OF TITLE 10 OF ME- GUAM CODE ANNOTATED, NXAm TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER," was on the 3rd day of August, 1998, duly and re,gularly passed.

@TONIO R. UNPINGCO ( Speaker

Senator and Legislative Secretary

This Act was received by I Maga'lahen G u a h n this 6M day of d , 1998,

at 3:'r o'clock .M.

A

Assistant Staff Officer Maga'lahi's Office

APPROVED: n

Date: k- / ~ - 5 d Public Law No. ' 2 q L

Page 17: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MINA'BENTE KUATTRO NA LIHESLATURAN GUAHAN '1998 (SECOND) Regular Session

- - Bill No. 557 (COR) As amended on the Floor.

Introduced by: V.C. Pangelinan .

L. A. Leon Guerrero J. C. Salas J. M.S. Brown T. C. Ada F. B. Aguon, Jr. A. C. Blaz Felix P. Camacho Francisco P. Camacho M. C. Charfauros E. J. Cruz W. B.S.M. Flores Mark Forbes L. F. Kasperbauer A. C. Lamorena, V C. A. Leon Guerrero A. L.G. Santos F. E. Santos A. R. Unpingco J. Won Pat-Borja

AN ACT TO ADD ARTICLE 4 TO CHAPTER 51, PART 2, DIVISION 2, PART I OF TITLE 10 OF THE GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER

Page 18: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Legislative Findings. I Liheslaturan Guahan finds it is in the - -

best interest of our Island and our residents to promote and encourage

recycling to reduce the flow of refuse into our waste stream. Currently, public

recyding centers and incentives to recycle are almost nonexistent.

I Liheslaturan Guahn further finds that initial government assistance is

needed to encourage and accelerate the operation of an Island-wide recycling

center for paper, the most viable and practical source, by a non-governmental

instrument. With minimal financial support provided to a qualified

contractor to collect recyclable paper, we may have taken a major step to

signhcantly reduce the burden on our landfill and to our environment.

Section 2. Legislative Intent. It is the intent of I Liheslaturan Guahan

to implement a pilot paper-recyding program to determine the cost of

recycling versus landfilling, or any less-than-conventional methods of waste

reduction.

Section 3. Article 4 is hereby added to Chapter 51, Part 2, Division 2,

Part I of Title 10 of the Guam Code Annotated to read as follows:

"Article 4.

Contract for Collection of Recyclable Paper.

551401. Contract to Accept and Collect Recyclable Paper.

551402. Biennial Contract.

551403. Conformity to All Laws and Rules and Regulations.

Section 51401. Contract to Accept and Collect Recyclable

Paper. 'I%; Director of Public Works, in accordance with the

Page 19: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

applicable procurement laws, and after advertising for a request for

proposals ('RFP') for the collection of recyclable paper, shall enter into a

two (2) - year contract with any qualified local interested business or

nonprofit organization, to accept and collect recyclable paper to include

newsprint, office paper and magazines from the public, and to

implement a plan to prevent them from entering Guam's waste stream.

The qualified local business or nonprofit organization shall have active

recycling experience and knowledge in Guam. The RFP shall include

the requirement that the prospective contractor accepts and pays for all

recydable paper, to indude newsprint, office paper and magazines

offered by the public. The successful offeror shall be one who bids the

highest amount per pound to be paid to the public for the recyclable

paper for the duration of the contract term. The contractor shall be

granted One Hundred Flrcy Thousand Dollars ($150,000.00) per m u m ,

to be appropriated from the Solid Waste Operations Fund established in

this Chapter, to supplement its operations in accordance with the terms

and conditions negotiated between the successful offeror and the

Department of Public Works. No part of the contract shall require the

government to grant more than the annual sum granted at the

beginning of the contract period.

Section 51402. Biennial Contract. The Director shall

advertise for and execute such a contract every two (2) years with any

qualified party on the same terms as are set out in 551401 of this Article.

Section 51403. Conformity to All ~ a w s and Rules and -

Regulations. The successful offeror shall perform all work under

Page 20: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

this Article in compliance with all applicable laws, including those of

this Chapter, and d e s and regulations of GEPA as may be established. - - As a minimum, the Deparbnent of Public Works Director shall ensure

that all offerors include as part of their processing, a plan to remove the

collected paper from Guam's waste stream."

Page 21: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Q DEPARTMENT OF LAW

e , ;*cp

&& -;*, CARL 7.C. GUTIERREZ -- 7s ROBERT H. KONO

Magal?ihi 5 + W t Abugao Governor ? w : w $ Attorney General (Acting)

$,&<.c? \%?!J'

MADELEINE Z. ~ORDALLO CHARLLB H. ROUTM MAN

Tiniiente Gubetnadora Ufisinan Abugao Rikohidot i Lai Guahan Siha Lieutenant Governor Tiritorian Guahaa Compiler of Laws

OFFICE OF THE ATTORN? GENERAL Temtory of Guam

February 5.2002

Hon. Kaleo s. Moylan, Chairman Committee on Ways & Means 26" Guam Legislature Hagiltiia, Guam

Re: Bill No. 183

Dear Senator !Iloylan,

\ l l ~ i l e 1 support recycling, and ~ l o u l d be quite \\illing to separate In? uaste into paper and everything else - in Germany you sort waste into four maste containers. and in parts of Texas. two - hmen't we prolen that on Guam paper does not hate sufficieni vale to induce pa?ment to the public? Even in a suburb of Austin, Texas. when t h q required the sorting of paper separate]!. the Council added $15 to the nasie collection fee to pa? for the reqcling. The\ need to keep the paper out oftheir land fill, but it \\as a cos~ no1 a benefit to the residents. - - -

Before \Ire create this additional goxer~~ment-funded subsidy, should rve not simp]? find out the relative costs and value of this paper waste and the adjust the fees for collection up or down accordinglv? I think there ~sou ld be a simpler \la?. then is provided by this bill to accomplish the same goal. Incidentally, in ihose places wl~ich require separation of the waste stream, ihe \\asre collector provides the different, labeled or colored. bins for the residents* use. This llelps in compliance and fosters standardization in collecting containers, a boon for the \ \ a t e collectors and their trucks.

So. I suggest that this Legislature proceed uith the idea of separate waste streams in a manner more direct and less complicated then the proposed subsidy. Really, what I am saying is tbat you should revisit P.L. 24-246.

Sincerely yours,

CHARLES H. TROUTM.4N Compiler of Laws

Page 22: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

8 e GUAM ENVIRONMENTAL PROTECTION AGENC

AHENSIAN PRUTEKSION LINA'LA GUAHAN P.O. BOX 22439 GMF BARRICADA, GUAM 96921 TEL: 4751658/9 FAX: 477-9402

Testimony of Randel L. Sablan

Acting Administrator, Guam Environmental Protection Agency Before the Committee on Ways and Means

Hearing on Bill 183 (COR): "AN ACT TO APPROPRIATE ]FUNDS TO IMPLEMENT PUBLIC LAW 24-246.

February 7,2002 j . . , I d

The Guam Environmental Protection Agency appreciates and supports the efforts of Bill 183 because it bolsters the diversion of recyclable wastes fiom theordot Dump.

This Agency has worked with the Department of Public Works and the public in identifying solutions to address our island's solid waste issues. Although we support this pilot project, Guam EPA offers the following suggestions for your consideration.

1. Our goal is to develop a comprehensive waste diversion strategy to eliminate recyclable wastes fiom entering our new landfill, therefore prolonging its lifespan. An ideal solution is to invest in a partnership with a private company or companies and invest in a Material Resource and Recovery Facility that can handle all recyclable materials.

2. The Integrated Solid Waste Management Plan recognizes the significance of recycling, but also acknowledges the need for government support through legislation and funding. For recycling to continue as a viable and practical waste diversion alternative, the government must consider implementing an advance disposal fee (ADF) with a buy-back opportunity on certain recyclable commodities.

"ALL LN/NG THINGS OF THE EARTH ARE ONE"

Page 23: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

3. As a pilot project, its purpose is toalso - generate data to support the viability and practicality of recycling on Guam. To ensure success with limited funding, Guam -EPA recommends that the Department of Public Works focus their efforts on sample establishments such as one (1) large government of Guam Agency or Department, one (1) private company, and one (1) fully improved residential subdivision.

4. Guam EPA recommends that the successful bidder be required to secure and ensure the recycling or reuse of paper through on-island or off-island recycling or reuse programs. According to the referenced law (PL 24-246), the successful bidder is responsible solely for collecting and accepting recyclable paper.

In conclusion, the Ordot Dump is Guam's only disposal facility available to the general public. Aside fiom the collection of aluminum cans and high-grade cardboard, there are no other waste diver~'is~dh ~rogr$ms in place to an alternative to waste disposal. As Guam prepah' to &loge its only publicly available landfill, it is crucial that eve@ recyolbb1~ waste be diverted to recycling centers and other end-users.

Thank you for this opportunity to comment.

RANDEL L. SABLAN Acting Administrator

Guam EPA Testimony Bill 183 (COR)

Page 2 of 2

Page 24: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Chairperson, Commlltee bn ~ a @ and Means ' ,

4

~ ' B e n h S a i s Nu Lihestatumn G&an -,,... - Twenty+th G I I ~ ~ M U C !

w - . . -. - - - . . 28,2002 5:

A.

The Honorable Carl T.C. Gutierrez Magatlahen W a n R J. Bordallo Governofs Complex Agana, Guam 96932

Re: Committee h

Dear Governor Gutierrez:

This is to inform you that the Committee on Ways and Means will conduct a public hearing on Thursday, February Z 2002 commencing at 9:OO am. in the Legislative Public Hearing Room.

Executive Appointments: Mr. Carlos E. P. Bordallo, to serve as a member Retirement Fund Board of Directors for a term of five ( 5 ) years to expire on Januaty 31,2007.

Mr. Rodolfo V. Colet and Mr. CeIso S. Gianchand, to serve as members of the Alcoholic Beverage Control Board for a tenn of two (2) ye& to expire on January 27,2004.

Legislative Measure: . . Bill No. 164 (COR), "AN ACT TO ADD CHAPTER 33 TO TITLE 11 OF THE GUAM CODE ANNOTATED, RELATIVE TO TAX RELIEF FOR IN-HOME ELDER CARE, TO BE KNOWN AS THE 'AKTO PARA IN'ASISlZ? U.MrAUK0,' THE ' U A N N K O C4RE ACT."'

Bill No. 183 (COR), "AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246."

Bill No. 247 (COR), "AN ACT TO UAXIMlZE REVENUES FROM THE "INCOME TAX RESERVE FUND THROUGH THE ESTABLISHMENT OF A NEW CHAPTER

51 OF DIVISION 2 OF TITLE 11, GUAM CODE ANNOTATED, RELATINE TO THE INCOME TAX REFUND RESERVE FUND LAW."

As these measures directly affect the government of Guam, the Committee encourages you participation and input at this hearing. The Committee would appreciate receiving fifteen (15 . . copies of your A-on's position statement and or documents relating to the subject matte prior to the start of the hearing. A copy of the hearing Agenda is enclosed for your reference an information.

Enclosures:

Tel. (671) 472334m Fax (671) 472-3440 Sinajana Shopping Mall Phase II Suite 16B 777 Route 4 Sinajana, Guam 96926 U.S.A.

Page 25: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

e Senotsr.K& S &@an Chairperson, Committee on Ways and Means

OFFICE COPY January 28,2002

Mr. Clifford Guzman Acting Director . . Department of A-on Hagatfia, Guam 96910

Re: Committee Public Hearing: Thursday, February 7,2002

Dear Mr. Guzman: :

This is to infom you that the Committee on Ways and Means will conduct a public hearing on Th~f~day, February 7,2002 commencing at 9:00 am. in the Legislative Public Hearing Room.

. ' 8

Bill No* 164 (COR), "AN ACT TO ADD CHAPTER 33 TO TITLE 1 1 OF THE GUAM CODE ANNOTATED, RELATIVE TO TAX RELIEF FOR IN-HOME ELDER CARE, TO BE KNOWN AS THE 'AKTO PARA LN'ASISllN

DOA DIRu OFF W A M K O , ' THE ' l K 4 N . O CARE ACT."'

8k Bill No. 183 (COR), "AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT

4 f E i 3 0 2 B 3 6 PUBLIC LAW NO. 24-246."

Bill No- 247 (COR), "AN ACT TO MAXIMIZE REVENUES FROM THE '?NcoME TAX REEUND RESERVE FUND" THROUGH THE ESTABLISHMENT OF A NEW CHAPTER s i OF DIVISION 2 OF TITLE 11, GUAM CODE ANNOTATED, RELATIVE TO THE INCOME TAX REFUND RESERVE FUND LAW."

As these measures affect the government of G m the Committee encourages your participation and input at this hearing. The Committee would appreciate receiving fifteen (IS) copies of your Department's position statement and or documents relating to the subject matter prior to the start of the hearing. A copy of the hearing Agenda is enclosed for your reference and information

Enclosures:

TeL (671) 4723342/3 Fax (671) 472-3440 Sinajana Shopping Mall Phase II Suite 16B 777 Route 4 Sinajana, Guam 96926 U.S.A.

Page 26: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

(D Senator Kdeo S. ~ o $ n Chairpenon, Committee on Housing,

I i I - - . -.

General Government Services and ~ o r e i ~ - h f a i r s Mina'Bente Sais Na L i h a h a n G d a n

. " ~ e n t y ~ Guam Legblatnre . . ---------a*, . I - - .

January 28,2002

Mr. Paul D. Leon Guerrero Director Bureau of Budget and Management Research R J. Bordallo Governor's Complex Hag%- Guam 969%

0CFlr:E COPY

Re: Request for Fiscal Note

Dear Mr. Leon Guerrero:

Please find attached copies of Bill Nos. 164, 183 &dr247 (COR), scheduled for public hearing onThursday, February 7,2002.. Pursuant to the provisions of Chapter 9, of Title 2 of the Guam Code Annotated, ficd note(s) are requested.

As this measure affects the government of Guam, the Committee encourages your participation and input at this hearing. The Committee would appreciate receiving GAeen (15) copies of BBMR's position statement and or documents relating to the subject matter prior to the start of the hearing. A copy of . the . hearing Agenda is enclosed for your reference and infomation.

Sincerely,

~ K A L E O S. MOYLAN

Attachments:

TeL (671) 472334213 Fax (671) 472-3440 Sinajana Shopping Mall Phase I1 Sllite 1 6 ~ 777 Route 4 Sinajana, Guam 96926 U.S.A.

Page 27: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

e Senator*~aieo s *la+, /rc Chairperson, Committee on WaF 'an&~e@s-

January 28,2002

Mr. Robert Kono, Esq. Acting Attorney General Department of Law Haggtfh, Guam 96910

Re: Committee Public Hearing: Thursday, Febnrary 7,2002

Dear Mr. Kono:

This is to inform you that the Committee on Ways and Means will conduct a public hearing on Thursday, February 7,2002 commencing at 9:00 am. in the Legislative Public Hearing Room.

. . : 1 ,

Bill No. 164 (COR), "AN ACT TO ADD CHAPTER 33 TO TITLE 11 OF THE GUAM CODE ANNOTATED, RELATIVE TO TAX RELIEF FOR IN-HOME ELDER CARE, TO BE RNOWN AS THE 'AKTO PARA DV'MISZlV M A N M O , ' THE ' W W O CQRE ACT."'

Bill No. 183 (COR), "AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246."

Bill No. 247 (COR), "AN ACT TO MAXIMTZE REVENUES FROM THE "INCOME TAX REFUND RESERVE FUND" THROUGH THE ESTABLISHMENT OF A NEW CHAPTER 51 OF DMSION 2 OF TITLX 11, GUAM CODE ANNOTATED, RELATIVE TO THE INCOME TAX REFUND RESERVE FUND LAW."

As these m-a e e c t the government of Guam, the Committee encourages your participation and input at this h h g . The Committee would appreciate receiving fifteen (15) copies of your Department's position statanent and or documents relating to the subject matter prior to the start of the hearing. A copy of the hearing Agenda is enclosed for your reference and infoxmation.

'rllank you,

Enclosures:

. . Tel. (671) 472334213 Fax (671) 472-3440 '

Sinajana Shopping Mall Phase ]I S ~ t e 16B 777 Route 4 Sinajana, Guam 96926 U.S.A.

Page 28: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

MBVA'BENTE SAIS NA UHESLA T U . G u . 1

Senator Kaleo S. Moylan, Chairman . Committee on Ways and Means

Public Hearing 9:00 a.m., Thursday, February 7,2002

A G E N D A

- - I. Call to Order:

II. Announcement - & Introduction of Members:

Ill. Executive Appointments:

Mr. Carlos E. P. Bordallo, to serve as a member Retirement Fund Board of Directors for a term of five (5) years to expire on January 3 1,2007.

Mr. Rodolfo V. Colet and Mr. Celso S. Gianchand, to serve as members of the Alcoholic Beverage Control Board for a term of two (2) years to expire on January 27,2004.

IV. Legislative Measures:

Bill No. 164 (COR), "AN ACT TO ADD CHAPTER 33 TO TITLE 11 OF THE GUAM CODE ANNOTATED, RELATIVE TO TAX RELIEF FOR IN-HOME ELDER CARE, TO BE KNOWN AS THE 'AKTO PARA lN'ASISTlNM4NAMK0,' THE 'MNAMKO CARE ACT.'"

Bill No. 183 (COR), "AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246."

Bill No. 247 (COR), "AN ACT TO MAXIMIZE REVENUES FROM THE ''INCOME TAX REFUND RESERVE F U N D THROUGH THE ESTABLISHMENT OF A NEW CHAPTER 5 1 OF DMSION 2 OF TITLE 11, GUAM CODE ANNOTATED, RELATIVE TO THE INCOME TAX REFUND RESERVE FUND LAW."

V. Remarks:

VI. Adjournment:

The Hearing will take place at the Guam Legislature's Public Hearing Room. - Individuals requiring special accommodations, auxiliary aids or semces are asked to contact the Ofiice of Senator Kaleo S. Moylan at 472-3342.

Page 29: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Committee on Ways and Means

Attendance Sheet Thursday, February 7,2002

Public Hearing on Bill No. 183 (COR), "AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246."

Present Absent Off-Island Excused

Kaleo S. Moylan, Joanne M.S. Brown Antonio R. Unpingco Felix P. Camacho Mark C. Charfauros Mark Forbes Lawrence F. Kasperbauer Vicente C. Pangelinan

Present Absent Off-Island Excused

Joseph F. Ada Thomas C. Ada Frank B. Aguon, Jr. Eddie B. Calvo Lou Leon Guerrero Angel L.G. Santos Judith T. Won Pat

Attending Staff

Bertha Duenas James P. Castro Tom Momson Henry Cruz Paul Bo j a Faith Mendiola Fred M. Castro Josie Mendiola John Dela Rosa Jackie Suzuki Briana San Nicolas

Attendance Sheet: Thursday, February 7, 2002

Page 30: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

IN THE MAiTER OF ME ESTATE

MAGDALENA LEON GUERRERO A W W ,

(also known as MAGDALENA LG. AYUYU) and

ANTONIO SONGAO A W , Deceased.

Probate Case No. PR134-97 on Jarwary 31.21107. 0 New Order 0 RCII(NIII AMENDED NOTICE OF

HEARING ON PETITION FOR LElTERS OF ADMINISTRATION

NOTICE IS HEREBY OlVEN that

On Island Delivery Off-Island Delivery

RlCHAROB.mU.kEhOaerkdCart THESUPEMOf7COURTOFWAM

BenkPadffc BuikRng, P Floa 825 South M h Drlvs Tamuning. (3usm 96913 Telephawt: (671) 646-2001 Tbleeopler: 671) 647-7671

IN THE SUPERIOR COURT OF GUAM

~ r o u r r r r r o r r * u r . m m l o u I c r IN THE MATTER OF THE ESTATE

Pick up r copy todry rl these finr, locations OF - DCDQY) M a 8 a - W ISClawTAm -- llLLBYLm w.- -*- w--YU 0BTuY)IPl- m-

MARIA UNTALAN GUMATAOTAO -- C*BULN- --- D b l C B H L W

mw(I*rLOI

CzIIwUa-m - a m -- mm- Decedent. -- ' ., YCllL- -LOO

C(RI-- u-- ICI*O*- , yI)(LILWm I

mmumernr* W e Case No. PR0062-01

raw-- bu- -Urn M U -- w- TIIllYYO

Mm-

HIRXWUIRT ' UYIW uua+uun YYTObllYOC -- Cemar- wmuarmm

NOTICE TO CREDITORS LA-- 06-

Rgll- s

..-nnr -mun wdm~ new* Notice is given by the

Note: PleasedrawIsketdra~dyowbcabnwdanachbWknnkw

Joaquh, C. Arrlola Jacqwlkre 1. Teriai. ~ C o w a n 6 ~ 259 Martyr Stmet. S&e 201 CMRofwakn&Buldhg F ! O . B o x K ~ G u m 8 8 8 3 2 Tebphaw @71) 477-9730 mrU 33 Td&qJa: 1871) 177-9734

IN THE SUPERIOR COURT OF GUAM

IN THE MAllER OF THE ESTAE OF

BERNADITA LIZAMA CALVO, alkla BERNADITA CALVO MAFNAS,

Deceased. W e Case No. PR0133-01

NOTICE TO CREDITORS NnTlCE IS HEREBY GIVEN

Page 31: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation
Page 32: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Committee on Ways and Means: Thursday, February 7, 2002, 9:00 a.m. Guam Legislature's Public Hearing Room on the appointments of Mr. Carlos E. P. Bordallo, to serve as a member of the Retirement Fund Board of Directors for a term of five (5) years to expire on January 31, 2007, and Mr. Rodolfo V. Cdet and Mr. Celso S. Gianchand, to serve as members of the Alcoholic Beverage Control Board for a term of two (2) years to expire on January 27, 2004. Bill No. 164 (COR), "AN ACT TO ADD CHAPTER 33 TO TITLE 11 OF THE GUAM CODE ANNOTATED, RELATNE TO TAX RELIEF FOR IN-HOME ELDER CARE, TO BE KNOWN AS THE 'AKTO PARA IN'ASISTN MINAMKO,' THE 'MNAMKO CARE ACT.' Bill No. 183 (COR), "AN ACT TO APPROPFUATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246." Bill No. 247 (COR), "AN ACT TO MAXIMIZE REVENUES FROM THE "INCOME TAX REFUND RESERVE FUND THROUGH THE ESTABLISHMENT OF A NEW CHAPTER 51 OF DIVISION 2 OF TITLE 11, GUAM CODE ANNOTATED, RELATIVE TO THE INCOME TAX REFUND RESERVE FUND LAW." Individuals requiring special accommodations, auxiliary aids or services are asked to contact the Office of Senator Kaleo S. Moylan at 472-3342.

Page 33: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

Senator Kaleo S. Moylan Cornmiltee on Ways and Means

26th Guam Legislature

August 13,2002

Honorable Antonio R. Unpingco Speaker 26" Guam Legislature Agana, Guam 969 10

VIA: Chairperson, Committee on Rules, General Governmental Operations, Reorganization and Reform and Federal, Foreign and General Affairs

Dear Mr. Speaker:

The Committee on Ways and Means, to which was referred Bill NO. 183 (COR), "AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATlVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO 24-246," has had the same under consideration and now wishes to report back the same with the recommendation to do pass as substituted.

The Committee votes are as follows:

4, TO do Pass 0 Not to pass (1 To Report Out il Abstain i! Inactive File

A copy of the Committee Report and other pertinent documents are attached for your immediate reference and information.

Thank you, I

Enclosure:

Page 34: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

- Committee on Ways and Means Vote Sheet on

Bill No. 183 (COR) As substituted by the Committee.

AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

/ ~ a l ' 6 o 4. .Mdy~an, Chairperson I I I I

Vote Sheet on Substitute Bill No. 183 (COR)

Page 35: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

r .

1

MINA'BENTE SAIS NA LIHESLATURAN G U ~ N 2001 (FIRST) Regular Session

Bill No. 183 (COR) As substituted by the Committee on Ways and Means

Introduced by: V. C. Pangelinan Y J. M.S. Brown K. S. ~ o ~ l a n %

AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Legislative Findings and Intent. I Liheslaturan Guhhan finds

that there needs to be an appropriation for Public Law No. 24-246, relative to the

establishment of methods to contract for collection of recyclable paper. Such

appropriation is necessary to implement Public Law No. 24-246 in order for our

island community to better promote and encourage recycling to reduce the flow of

refuse into our waste stream. Further, such appropriation will accelerate the

operation of an island-wide recycling center for paper, the most viable and practical

source, by a non-governmental instrument. With minimal financial support provided

Page 36: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

to a qualified contractor to collect recyclable paper, we may have taken a major step

to significantly reduce the burden on our landfill and to our environment.

Section 2. Appropriation. The sum of One Hundred Fifty Thousand

Dollars ($150,000.00) per annum is hereby appropriated for Fiscal Year 2 0 d a n d

Fiscal Year 200 1 from the Solid Waste Operations Fund, to implement the pilot

paper-recycling program as outlined under Public Law No. 24-246.

Section 3. Amendment. A new $51404 is hereby added to Article 4 of

Chapter 5 1, Part 2, Division 2, Part I of Title 10, Guam Code Annotated, to read as

follows:

"Section 51404. Report. Each successful bidder shall file a report

on a quarterly basis with I Maga'lahen Guhhan and the Speaker of I

Liheslaturan Guhhan, outlining the following:

(a) total type and amount of paper recycled;

(b) cost comparison of the cost of the paper-recycling program

versus landfill disposal of paper, or any less-than-conventional methods

of paper waste reduction; and

(c) recommendations for permanent implementation, and

improvements to the recycling program."

Section 4. Tipping Fee Exemption. (a) Legislative Statement. I

Liheslaturan Guhhan finds that recycling of refuse is a viable, healthy, and if done

properly, economically beneficial form of refuse management which should be

supported and encouraged on a societal scale. Before refuse can be recycled, it must

first be separated and packaged for transport and/or made ready for reuse in a manner

complimentary to reuse methods both locally and abroad. It is the intent of I

Liheslaturan Guhhan to provide additional incentives to refuse recycling in as many

Page 37: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

ways as possible in order to further enhance the applicability of refuse recycling on

island now and in the years ahead.

(b) Definitions. For the purposes of this Act the term "recyclable

materials " shall mean the following categories: glass, aluminum cans, tin cans,

plastics and paper.

(c) Tipping Fee exemption. Tipping fees at the landfills and transfer

stations are hereby waived for those individuals and businesses who separate their

refuse into recyclable materials and deliver said materials to the designated areas of

the transfer stations and landfill.

Section 5. Creation of Refuse Recycling Fund. There is hereby

created within the government of Guam a revolving fund, to be known as the "Refuse

Recycling Fund," which shall be maintained separate and apart fiom any other funds

of the government of Guam and shall be administered by the Department of Public

Works, Solid Waste Division. All proceeds fiom the sale of recyclable refuse

collected under this Act shall be deposited in the Refuse Recycling Fund and shall be

expended exclusively for purposes authorized in this Act. The Refuse Recycling

Fund shall not be commingled with the General Fund and shall be kept in a separate

bank account.

Section 6. Administration of Refuse Recycling Fund. In the

administration of the Refuse Recycling Fund, the Department of Public Works, Solid

Waste Division, shall develop a "Refuse Recycling Program" which shall include, but

is not limited to, the following services.

(a) the development and maintenance of separate holding areas for

separated recyclable materials at the landfill;

Page 38: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

(b) the sale of recyclable materials through a bidding process that is

open to bidders locally and abroad;

(c) the exploration of new markets for recyclable materials within the

' region;

(d) the shipping of recyclable materials to off-island recycling centers

or businesses; and

(e) the promotion of recycling and its benefits to the local community

through marketing and advertising.

Section 7. Severability. If any provision of this Law or its application

to any person or circumstance is found to be invalid or contrary to law, such

invalidity shall not affect other provisions or applications of this Law which can be

given effect without the invalid provisions or application, and to this end the

provisions of this Law are severable.

Page 39: CARL T.C. GOVERNOR OF - 35th Guam Legislature. 26-147.pdf · Governor of Guam Attachments: original bill for vetoed legislation or copy of bill for signed or overridden legislation

RlLlYA ' DfiIY I& S A l 3 NA L W S L A l UKAlV L r U n - L L K L Y

m m l t c h a n A r c h q n l o . H i n ~ a o ~krbctnamcnt(qioidit, Rifotma ).~n Rinuebv.

.. . - sari Asunion Fi&dt,Taouo Hiyong yzll Hinidt -- d. -. . . *

4

c2z%-J : Sm&t Mmrk Forks. Gebtlrr Kab i s fyo~ Mayrtrdt .

w

TO: Cltoirman Cornn~ittec on 'gays and Means

FROM: Chairman ,,y \

Corni t tee on Rules, General GoveriunentaI Oyerat ions, Reorganization and Reform, and Federal, Foreign and General Aflajrs

SUBJECT: Principal Referral - Bill No. 183 (COR)

Tlze above bill is refered to your Cornnlittec as the Principal Commiucc, in accordance with Section 6.04.05.rJ1. of the Standing Rules. Your Committee is the Committee nutilorized to perfonn the public heari~g on this bill and to amend or substitute the bill, as well as report thc bill out to tlie Body. It i s rtx;ommendcd that you schedule a pul~lic. hearing st YOilT earliest convenience.

Thank you for your attention to this matter.

MARK FORBES

Attachment

OUAM LEGISLATURE 1 OFFICE OF SEWTUTOR-KALE0 S. WUN I / ACKNWEMENT RFCEIPT bate:. Recsrved by: 5

- ... .- . .--.-.------*-.-

155 Hcsler Street, IIrgitfia, Guam 36910

- .- Tclapbotlc: . - . . . 671-472-3407/40&1512 . - .Facsimile: 671-477-5036 . - . Email: [email protected] .------

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Commit& on Ways and Means Report On

Bill No. 183 (COR) As substituted by the Committee on Ways and Means.

AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

The Committee on Ways and Means, to which was referred Bill No. 183 (COR), "AN ACT TO RDD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERBTORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO lh4PLEMENT PUBLIC LAW NO. 24-246," conducted a public hearing on Thursday, February 7, 2002, at the Guam Legislature Public Hearing Room. Senator Kaleo S. Moylan, Chairperson of the Committee on Ways and Means, convened the hearing at 9:00 a.m. Also in attendance was Senator Vicente C. Pangelinan.

TESTIMONY

Submitting testimony were Mr. Charles H. Troutman, Compiler of Laws and Ms. Elizabeth Cruz, from the Guam Environmental Protection Agency [Attachments 1 and 21. A closer look reveals that there needs to be an appropriation for Public Law No. 24-246, relative to the establishment of methods to contract for collection of recyclable paper. Such appropriation is necessary to implement Public Law No. 24-246 in order for our island community to better promote and encourage recycling to reduce the flow of refuse into our waste stream.

Further, such appropriation will accelerate the operation of an island-wide recycling center for paper, the most viable and practical source, by a non-governmental instrument. With minimal financial support provided to a qualified contractor to collect recyclable paper, we may have taken a major step to significantly reduce the burden on our landfill and to our environment.

There being no further discussion, the Chair adjourned the hearing on Bill No 183 (COR) .

COMMITTEE PROFILE, FINDINGS AND RECOMMENDATION

Brief Title:

Date Introduced:

Main Sponsor:

"Implementation of Contract for Collection of Recyclable Paper."

Tuesday, September 1 1,2001.

Senators V. C. Pangelinan, J. M.S. Brown and K. S. Moylan.

Committee Report, Substitute Bill No. 183 (COR) Page 1

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Committee Referral: November 30, 2001, from the Committee on Rules, Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs to the Committee on Ways and Means.

Public Hearing:

Official Title:

Fiscal Note:

Thursday, February 7, 2002, 9:00 a.m. at the Legislative Public Hearing Room.

AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

Pursuant to the provisions of Chapter 9, Title 2 of the Guam Code Annotated, a request for a fiscal note on Bill No. 183 (COR) was made to BBMR on Monday, January 28,2002.

Recommendation: To do pass as substituted.

A Closer Look and F i ~ d i ~ g s A closer look reveals that there needs to be an appropriation for Public Law No. 24-246,

relative to the establishment of methods to contract for collection of recyclable paper. Such appropriation is necessary to implement Public Law No. 24-246 in order for our island community to better promote and encourage recycling to reduce the flow of refuse into our waste stream. Further, such appropriation will accelerate the operation of an island-wide recycling center for paper, the most viable and practical source, by a non-governmental instrument. With minimal financial support provided to a qualified contractor to collect recyclable paper, we may have taken a major step to significantly reduce the burden on our landfill and to our environment.

Section Analysis Section 1. Legislative Findings and Intent. Section 2. Appropriation. This Section appropriates the sum of $150,000

annually, for Fiscal Year 2002 and Fiscal Year 2003 from the Solid Waste Operations Fund, to implement the pilot paper-recycling program outlined under Public Law No. 24-246.

Section 3. Amendment. Section 3 adds $51404 to Article 4 of Chapter 51, Part 2, Division 2, Part I of Title 10, Guam Code Annotated. A closer look at the amendments reveals that each successful bidder shall file a report on a quarterly basis with I Maga 'lahen Gudhan and the Speaker of I Liheslaturan Gudhan. The report must outline the total type and amount of paper recycled; a cost comparison of the cost of the paper-recycling program versus landfill disposal of paper, or any less-than-conventional methods of paper waste reduction; and recommendations for permanent implementation, and improvements to the recycling program."

Section 4. Tipping Fee Exemption. This Section provides an exemption on tipping fees at the landfills and transfer stations for those individuals and businesses who separate their refuse into recyclable materials and deliver said materials to the designated areas of the transfer stations and landfill.

Committee Report, Substitute Bill No. 183 (COR) Page 2

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t Section 5. Creation of Refuse Recycling Fund. Section 5 creates a revolving fund within the govement to be known as the "Refuse Recycling Fund." The is to be

m administered by the Department of Public Works, Solid Waste Division and maintained separate and apart from any other funds of the government of Guam. It further provides that all proceeds from the sale of recyclable refuse collected under this Act shall be deposited in the Refuse Recycling Fund and shall be expended exclusively for purposes authorized in this Act.

Section 6. Administration of Refuse Recycling Fund. This Section provides that in the administration of the Refuse Recycling Fund, the Department of Public Works, Solid Waste Division, shall develop a "Refuse Recycling Program."

The program shall include, but is not limited to, the following service: the development and maintenance of separate holding areas for separated recyclable materials at the landfill; the sale of recyclable materials through a bidding process that is open to bidders locally and abroad; the exploration of new markets for recyclable materials within the region; the shipping of recyclable materials to off-island recycling centers or businesses; and the promotion of recycling and its benefits to the local community through marketing and advertising.

Section 7. Severability.

COMMITTEE RECOMMENDATION

The Conlrnittee on Ways and Means, to which was referred Bill No. 183 (COR), "AN ACT TO ADD SECTION 51404 TO ARTICLE 4, CHAPTER 51, PART 2, DIVISION 2 OF TITLE 10 OF THE GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING METHODS TO CONTRACT FOR COLLECTION OF RECYCLABLE PAPER, TO EXEMPT TIPPING FEES FOR "REFUSE GENERATORS" WHO SEPARATE THEIR REFUSE AND TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246," recommends that the legislation, as substituted, be passed by I Liheslaturan GuBhan.

Committee Report, Substitute Bill No. 183 (COR) Page 3

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MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session

Bill No. 18 3 (be

Introduced by: J.S. Bro

AN ACT TO APPROPRIATE FUNDS TO IMPLEMENT PUBLIC LAW NO. 24-246.

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Legislative Findings and Intent. I Likeslaturarz Gudkan

finds that there needs to be an appropriation for Public Law No. 24-246,

relative to the establishment of methods to contract for collection of recyclable

paper.

Such appropriation is necessary to implement Public Law No. 24-246 in

order for our island community to better promote and encourage recycling to

reduce the flow of refuse into our waste stream. Further, such appropriation

will accelerate the operation of an island-wide recycling center for paper, the

most viable and practical source, by a non-governmental instrument. With

minimal financial support provided to a qualified contractor to collect

recyclable paper, we may have taken a major step to significantly reduce the

burden on our landfill and to our environment.

Section 2. Appropriation. One Hundred Fifty Thousand Dollars

($150,000.00) per annum is hereby appropriated for fiscal year 2002 and

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fiscal year 2003 from the Solid Waste Operations Fund, to implement the pilot

paper-recycling program as outlined under Public Law No. 24-246.

Section 3. A new s51404 is hereby added to Article 4 of Chapter 51, Part

2, Division 2, Part I of Title 10, Guam Code Annotated, to read as follows:

"§51404. Report. Each successful bidder shall file a report on

a quarterly basis with the Governor and the Legislature,

outlining the following:

(a) Total type and amount of paper recycled;

(b)Cost comparison of the cost of the paper-recycling

program versus landfill disposal of paper, or any less-

than-conventional methods of paper waste reduction;

(c) Recommendations for permanent implementation, and

improvements to the recycling program."

Section 4. Severability. I f any provision of this Law or its

application to any person or circumstance is found to be invalid or contrary to

law, such invalidity shall not affect other provisions or applications of this

Law which can be given effect without the invalid provisions or application,

and to this end the provisions of this Law are severable.