Guam Legislature advances ADU bill after floor amendments, agency concerns remain

The Guam Legislature voted to move Bill 57-38 COR, a measure to allow accessory dwelling units (ADUs) in residential and certain agricultural zones, into the third-reading voting file after a day of floor debate and several contested amendments.

Supporters said the bill provides a legal pathway for small secondary homes that can help families, elderly residents and veterans stay on island. Opponents and some agency witnesses, including comments from or about the Guam Environmental Protection Agency (Guam EPA) and Guam Water Works Authority (GWA), warned the measure could increase strain on water, sewer and power infrastructure and risk further contamination of groundwater in unsewered areas.

Bill details and what changed on the floor

Bill 57-38 COR as amended on the floor allows ADUs under a set of size and technical limits and keeps in place permit reviews but rejected multiple proposed safeguards championed by some members and agency witnesses during the session. Floor action that changed the bill included:

- Approved amendment (floor vote): An amendment adopted on the floor permits ADUs on half-acre lots to be up to 900 square feet and allows them to be served by a Type 4 nitrogen-reduction wastewater system where sewer is not available; properties located within specified proximity to an existing sewer still require sewer hookup before an ADU may be built. The motion to accept that amendment was put to a rising-hand vote and carried.

- Approved amendment (floor vote): Lawmakers replaced the word "and" with "or" in a provision limiting ADUs on lots zoned A or R-2, making clear those lots may be limited to a single ADU (i.e., one detached or one attached), which the floor adopted without objection.

- Defeated/amendments failed by objection or vote: Multiple proposed changes failed to pass, including: - A proposal to require that ADU occupants be "legal residents of Guam" (failed). - An amendment to require the Department of Public Works…