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Guam EPA reviews testimony on environmental trust fund, zoning and composting bills; board signals support with comments
Summary
Guam EPA staff reviewed testimony and board comments on four bills under consideration by the Legislature, including amendments to the Environmental Trust Fund and changes that could affect solar leases, zoning for affordable housing and small‑scale composting.
Guam EPA staff briefed the board on several legislative items for which the agency provided testimony or may provide comments: a bill to amend the Environmental Trust Fund (Bill 132‑38); a lease amendment affecting the Guam International Country Club and potential solar farm (Bill 135‑38); zoning changes for affordable housing (Bill 164‑38); and a bill to expand small‑scale composting exemptions (Bill 141‑38).
Environmental Trust Fund (Bill 132‑38)
Michelle summarized the agency’s testimony in support with comments. Key points conveyed by staff include removal of an outdated $5,000 per‑incident cap, expansion of allowable uses (solid waste management, compliance/enforcement, drinking water, air quality, recycling, monitoring, planning, and technical assistance), removal of an emergency‑declaration requirement to access funds, and creation of a reserve fund. Staff noted the bill would also remove a 25% administrative cap that limited the administrator's use of the fund; the agency asked that reporting requirements and prioritization be maintained. Board members generally indicated support for Guam EPA’s testimony and suggested the agency retain authority to seek reimbursement from responsible parties where feasible; staff said additional discussion about enforcement authority and cost recovery would be a separate topic.
Solar lease and zoning testimony (Bills 135‑38 and 164‑38)
Staff told the board that they provided technical testimony on Bill 135‑38 (a proposed lease amendment to allow solar use at the Guam International Country Club property) and were asked by a committee member about solar panel disposal and PFAS. Michelle said staff confirmed that some solar panels contain PFAS and that end‑of‑life panels are managed as hazardous waste; staff added manufacturers are developing PFAS‑free alternatives.
On Bill 164‑38 (streamlining zoning changes for affordable housing), the agency said it supported the bill with caveats: zone changes should not be applied to unsewered properties that overlay the groundwater protection zone (GPZ), and the bill should not conflict with Guam's groundwater quality standards (22 GCA section 5101(c)(1)(B)). Staff also noted that advanced nitrogen‑reducing on‑site systems should be limited to single‑family (R‑1) dwellings in lieu of sewer in some locations.
Composting exemption (Bill 141‑38)
Staff said they support most sections of the composting bill that expand small‑scale composting (community gardens, farms, apartment buildings, small businesses) but flagged concerns about section 4, which the agency said may create permitting gaps or trigger other agencies' requirements (stormwater, fire, etc.). The agency recommended that Guam EPA retain authority to craft implementing regulations to address technical details and cross‑agency coordination.
Board direction
Board members said Michelle's testimony aligned with the board’s priorities and that the agency may provide an endorsement or cosign testimony if requested. Staff cautioned about ex parte communications among board members outside the open meeting process and said board members may provide individual comments directly to staff but must not deliberate collectively outside a public meeting.
Ending
No formal board votes were taken on any of the bills at the meeting; staff said committee reports were still being finalized and further amendments remain possible.
