Guam hearing on Bill 135‑38 spotlights tradeoffs: CLTC funding and clean energy vs. aquifer, habitat and junior golf

The Guam Legislature’s Committee on Land, Environment, House, Agriculture, Parks and Infrastructure held a public hearing July 20 on Bill 135‑38, which would amend the Chamorro Land Trust Commission (CLTC) lease for Lot 10122‑12 — currently the Guam International Country Club (GICC) — to permit development of a large solar farm and extend the lease term.

Sponsor Senator Joe S. San Agustin said the measure aims to generate upfront cash for CLTC infrastructure and accelerate Guam’s renewable energy goals. “This bill will harness the sun for energy, provide the CLTC with much‑needed capital for improvement on trust lands, and lay the path to giving our families the safety and comfort of homeownership,” San Agustin said.

The central dispute at the hearing divided CLTC funding and island renewable targets from community and environmental concerns. Supporters emphasized an accelerated lease prepayment and projected fuel‑cost savings; opponents cited risks to Guam’s northern aquifer, endangered species, loss of a municipal golf facility and insufficient public outreach.

Why it matters: CLTC commissioners and bill sponsors say proceeds from a lease conversion could finance roads, water and electrical service on trust lots where thousands of lessees wait for infrastructure. Opponents say the GICC site is adjacent to dense residential areas in Dededo, overlies critical recharge for the island’s primary water lens, and currently provides the island one of its last community golf and junior‑golf venues.

Sponsor’s case and technical terms Senator Joe S. San Agustin, a co‑sponsor, told the committee the proposal would allow GICC to develop a solar facility on CLTC land, accelerate payment of arrears and provide a net present value (NPV) prepayment to the trust. San Agustin cited an estimated 65‑megawatt project in his remarks and said the proposal aims to help Guam meet Public Law 35‑46 renewable targets. He described an upfront lease prepayment figure discussed during testimony and said CLTC would use certified appraisers to set the final NPV.

CLTC position and board conditions Mr. Cameron, identified in testimony as the CLTC representative to the committee, said the Chamorro Land Trust Commission reviewed the bill and unanimously supported it with conditions. He listed the commission’s main conditions, which the commission asked be incorporated into legislation or into related agreements: accept an NPV no less than $9,500,000; extend the lease term up to Jan. 31, 2055; set rent escalation at 12% every five years starting Feb. 1, 2028; require GICC to settle outstanding rent and real‑property taxes (with specified triggers tied to a power‑purchase agreement); require 10% of remaining lease payments be paid within 30 days of a signed power‑purchase agreement (PPA) with the Guam Power Authority (GPA) and the remaining 90% within 30 days after first power delivery; require MAI‑certified appraisal(s) selected by CLTC and paid by the lessee; and secure a performance/surety bond naming CLTC as beneficiary to guarantee decommissioning and removal of equipment. Cameron said if GICC cannot meet these conditions, proposed amendments and extensions would be void.

Community, environmental and junior‑golf objections More than a dozen residents, environmental advocates and golf officials testified against the bill or urged deeper study. Barbara Burkhart, a retired architect and Dededo resident, pointed to mapped freshwater wells near the course and said the area feeds “80% of our fresh water” on the northern lens. “I ask you to conserve this property for recreation and for birds and bats,” she said.

Melissa Savarez, a former Dededo mayor, told the committee that municipal planning council members had repeatedly raised concerns about lack of CLTC enforcement on existing leases and the prospect of locating an industrial‑scale solar farm above Guam’s primary aquifer. She said the site borders three public housing developments and called for cleanup and enforcement of existing CLTC leases before approving a new industrial use.

Monica Flores of Potehi Guahan and other environmental speakers cited potential contamination from panel breakdown (cadmium, telluride and other materials mentioned in testimony), impacts to three reported endangered species at the site (Marianas moorhen, Mariana fruit bat and Marianas eight‑spot butterfly) and the absence of publicly available species surveys or mitigation plans.

Golf groups and junior athletes also urged denial or relocation. Mr. Shelley, president of the Guam Municipal Golf Organization, and representatives of the Guam National Golf Federation described GICC as the long‑standing home of junior golf on Guam and credited the facility with producing scholarship athletes. “We saved thousands of dollars in Guam families in student fees to attend school through scholarships,” testimony from the federation said. UC Davis student and national‑team golfer Ivan Sablan said losing GICC would remove a critical training venue for young athletes.

Proponents’ rebuttals and implementation safeguards GICC and project representatives told the committee the conversion would be regulated through permitting and that panels would be PFAS‑free and subject to decommissioning rules. Carlos Camacho, speaking for GICC, said the project team expects to meet permitting requirements, commit to buffer landscaping and fence the perimeter and that panels and batteries would be handled in accordance with federal and local hazardous‑waste rules and export requirements for end‑of‑life disposal. Jerry Tang, GICC’s secretary, said management had worked with CLTC and conducted publicly‑noticed meetings.

Gaps and follow‑ups requested by senators Multiple senators asked for details not provided at the hearing: whether CLTC or GICC conducted door‑to‑door outreach to adjacent residents; the timeline for GICC’s resumption of monthly lease payments after the pandemic; results of any well and soil testing and whether an environmental impact study or endangered species surveys have been completed; and full disclosure of investor and sublease arrangements. Senator Tydiguis asked the committee staff to request written answers from CLTC on payments, appraisals and outreach; the chair said staff would follow up.

Alternative proposals and fiscal details One witness presented a counterproposal that combined a smaller base rent with profit‑sharing (a per‑kilowatt‑hour payment) that would, the speaker said, yield more long‑term revenue for CLTC than a single upfront NPV payment. CLTC and sponsors said the final financial mechanics would be subject to appraisal and a PPA with GPA and that the bill incorporates a default clause to revert the property to golf use if a PPA or financing cannot be secured.

Next steps Committee members did not take a vote on the bill during the hearing. Several senators indicated they will request specific documentation from CLTC and GICC (appraisal history, ecological surveys, water‑well tests, payment history and disclosure of investor partners) before deciding whether to advance the measure. No formal legislative action was recorded in the hearing transcript.

The hearing record includes extensive oral testimony for and against the bill; the committee staff will compile submitted written testimony and requested documents for subsequent committee consideration.