Guam lawmakers voted against a bill from the governor that would allow the installation of hospital infrastructure in Mangilao using $104 million in federal money from the American Rescue Plan Act.
They rejected the bill by a vote of 10-2, with three members excused.
In a video address to the island Monday, Gov. Lou Leon Guerrero asked senators to approve the bill. She said the said the money, which had to be obligated by Dec. 31, 2024, and must be spent by Dec. 31, 2026, is at risk of being lost if action isn’t taken.
Attorney General Douglas Moylan has challenged the legality of the hospital plan. Last week, a court ruled that the Guam Housing and Urban Renewal Authority overstepped its power to condemn property for a medical complex because there were no plans for housing at the location.
Although the land designated for utilities is separate from the land involved in the eminent domain case, senators raised concerns about the wisdom of sidestepping the attorney general’s review.
They also complained about a lack of information about the project and unclear answers from administration officials who testified Tuesday.
“I hate to say this, but I’m a little more confused than I was this morning, and that’s after three and a half hours of questioning,” Sen. Chris Barnett said after the vote. Barnett said the plan for a hospital complex in Mangilao has had “little to no consensus, little to no transparency.”
A panel of representatives from GHURA, Guam Economic Development Authority, Department of Land Management, General Services Administration, the Department of Administration and the Bureau of Budget and Management Research were present to answer questions during the session.
But nobody from the governor’s office, the Office of the Attorney General, Guam Power Authority or Guam Waterworks Authority attended.
Senators asked to see documents exchanged between the governor’s office and the federal government about the project, and they wanted assurances that the money could not be used for infrastructure at a different location.
They also wanted to make sure the federal government would not order Guam to pay back the money if there were legal problems with the plan.
“If they want us to make decisions, we need information,” Sen. Therese Terlaje said. “And if they want us to rely on plans, then we should have it from the source’s mouth and not hear it third party or whatever. I just don't get that at all. This is a legislature. Why are we not entitled to see the documents that they've sent to the Treasury or any communication with the Treasury? Why are we not entitled to see GPA and GWA plans?”
“And no one wants to tell us today, are we going to lose those funds? And that's really what we need. We need them to answer questions as best as possible with actual facts, not opinions,” she said.
The governor and the attorney general have been embroiled in a series of public disagreements about the powers of their offices and their obligations under the law. Terlaje said despite any personality conflicts, the attorney general’s warnings that the hospital project might not comply with the law should be taken seriously.
Moylan has warned that if ARPA funds are used inappropriately, the federal government might make Guam pay back the money.
“We all have roles to do here, and if the AG truly believes something is illegal. We want him to challenge that,” Terlaje said. She said the system is in place to protect the people of Guam.
Sen. William Parkinson, who along with Sen. Tina Muna-Barnes voted for the bill, spoke immediately after Terlaje.
“I hope the people of Guam heard that,” he said. “That you are being protected from $104 million in infrastructure in Mangilao.”
He said the Office of the Attorney General is supposed to be non-partisan, “but the reality is, it is a Republican majority backing a Republican AG, and their partisan divide has clouded their judgment so much that we would put at risk $100 million.”
