Continuing Appropriation and Use of Funds

(a)All revenues from the Recycling Revolving Fund are hereby appropriated to the Guam Environmental Protection Agency to fund the following:

(1)Guam EPA Administration and Planning of the Zero Waste and Recycling Programs.

(A)The Administrator is authorized to spend ten percent (10%) of the Fund to administer and implement this Article. Funds may be used for:

(i)operational costs directly related to recycling and zero waste for the Solid Waste Management Program, which includes, but is not limited to, personnel, supplies, equipment, and training of staff;

(ii)compliance training for prospective recipients of funds from the Recycling Revolving Fund;

(iii)implementation of a zero waste and recycling program for the government and the community in accordance with this Article.

(B)In addition to amounts specified in § 51303 (a)(1)(A), upon approval by the Board, the Administrator is authorized to spend up to Fifty Thousand Dollars ($50,000) to either procure professional services, pursuant to the Guam Procurement Law, or fund grants for education and outreach to promote recycling and zero waste.

(C)In addition to amounts specified in § 51303 (a)(1)(A), upon approval by the Board, the Administrator is authorized to spend up to Two Hundred Thousand Dollars ($200,000) to either procure professional and technical services, pursuant to the Guam Procurement Law, or fund grants to update and further develop the Guam Zero Waste Masterplan and a holistic government and island-wide Zero Waste implementation plan to reach fifty percent (50%) and seventy-five percent (75%) waste reduction by 2035 and 2045, respectively; to evaluate the effectiveness of zero waste and recycling programs; and/or to research other areas deemed priority by the Administrator. Grants are awarded through a competitive process using established criteria by the Board and Administrator.

(D)General Terms and Conditions for Use of Funds.

(i)All proposals for use of funds shall be submitted to the Board and Administrator for review. Proposals must be approved by the Board and Administrator before the expenditure of funds, which are subject to availability.

(ii)Prior to submitting bids or grant proposals, potential recipients of funds shall obtain environmental regulatory compliance, ethics, and other relevant training provided by Guam EPA or a designated provider. Required permits shall be obtained as a condition of the use of the funds. CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

(iii)Performance Targets. Projects shall meet performance/waste diversion targets as determined by the Administrator.

(iv)Reporting Requirements. Reports and deliverables shall be presented biannually to the Board and posted on Guam EPA’s website.

(v)Ethical Requirement. All persons utilizing funds from the Recycling Revolving Fund shall complete ethics training sponsored by the Ethics Commission, or a designated provider, and shall attest to spending funds according to ethical requirements by Guam law. Non-compliance of ethics, in addition to other remedies allowed under Guam law, may result in termination of the award and barring of future application for grants for a minimum period of two

(2)years upon the findings of non-compliance by the Ethics Commission or, in the absence of the Ethics Commission, by the Board.

(2)Community Zero Waste and Recycling Programs.

(A)The Mayors Council of Guam

(MCOG)Island-wide Environmental Cleanup Program

(IECP)authorized in § 51306.

(B)The Recycling Industry Economic Stimulus Program authorized in § 51308.

(C)The Zero Waste Grant Program authorized in § 51309.

(D)The Guam Solid Waste Authority Residential Recycling Program authorized in § 51310.

(3)All other purposes stipulated in Article 3; provided, that the rules and regulations regarding the Recycling Revolving Fund have been promulgated by the Guam Environmental Protection Agency and adopted in accordance with the Administrative Adjudication Law.

(b)The Department of Administration shall prepare and transmit to the Guam Environmental Protection Agency a weekly report on the current balance and transactions of the Recycling Revolving Fund. The Guam Environmental Protection Agency shall post this information on its website as it becomes available.