HAGÅTÑA (The Guam Daily Post) — Lawmakers have engaged in debate on a couple of bills during this session, but haven’t yet tackled Bill 173-37, the measure proposing to extend the Prugråman Ayuda Para I Taotao-ta Energy Credit Program another three months, from October through December.
As it stands, the major concern with Bill 173 is its funding source. The measure, as written, proposes to take $15.8 million from fiscal year 2023 general fund excess to support the credit extension. However, lawmakers appropriated all fiscal 2023 excess to the Guam Memorial Hospital Authority through Bill 164-37, recently enacted into Public Law 37-43.
The hospital authority was granted at least $30 million from all unobligated prior year general fund excess, to pay off outstanding vendor payments and to perform facility repairs. The Guam Legislature went into emergency session earlier this month to debate Bill 164 and a resolution urging the governor to declare a state of emergency for the island’s only public hospital.
Speaker Therese Terlaje, author of Bill 173, had said she hopes to have a full discussion on funding once lawmakers address her bill in session. Any amendments to the bill will have to be made on the session floor, the speaker had said.
The recently released September Consolidated Revenue and Expenditure Report for the general fund indicates that $30 million for GMHA is being drawn from fiscal 2023 revenues. Sen. Telo Taitague made note of that on Monday, as senators debated whether to place Bill 173 on the agenda. She later commented that there is funding from fiscal 2021 that hasn’t been expended – a topic of concern first raised during the debate on Bill 164.
“They were showing there’s $30 million floating around. As long as that funding source is changed because my good chairman of appropriations has a concern on using FY23 money. But now with the change (to) 2021, (it) would give us that opportunity to ask BBMR where the money is that they claim that’s there,” Taitague said.
However, Bureau of Budget and Management Research Director Lester Carlson said he explained to lawmakers during the emergency session that while fiscal 2021 ended with $30 million, fiscal 2022 began with a $30 million balance. But Carlson also noted that the fiscal 2022 government audit report hasn’t been published yet.
“Here you are saying it’s available. I’m saying it’s not. But, the audit hasn’t come to say it is or isn’t. But, my ‘spider sense’ – and since I work here – is telling me I’m more right than wrong. And when the audit does come out, I’m sure that’s it’s going to support the position that we’ve been making: that you can’t appropriate any more money because we haven’t got it,” Carlson told The Guam Daily Post on Tuesday.
BBMR’s fiscal note on Bill 173 made note of the competing measure in Bill 164, and stated that should Bill 164 pass, funding from fiscal 2023 would be insufficient to support Bill 173.
“When we were in (emergency) session for the hospital bill, (the speaker) had to have known that when we said we’re taking everything possibly available to fund this, that meant she couldn’t do her (Guam Power Authority) power relief extension,” Carlson said Tuesday.
The Legislature is currently debating Bill 97-37, which would transfer the area formerly known as the Inalåhan Baptist Church to the Guam Preservation Trust. The Legislature was experiencing technical difficulties Tuesday and left off on this bill. On Monday, lawmakers placed Bill 54-37 on third reading, setting it up for a later vote. Bill 54 relates to game and fishing regulations.
September CRER
According to the September CRER, the general fund collected about $79.4 million above budget in fiscal 2023. But various additional appropriations and shortages in special fund revenues, to be covered by the general fund, appear to indicate that the general fund will be left short about $308,593.
Those additional appropriations include the aforementioned $30 million for GMHA, and nearly $10.8 million used to support the third round of the energy credit program.
However, Carlson said he isn’t worried about the apparent shortfall in the general fund, adding that it should be addressed through the normal course of business as Guam closes fiscal 2023 and transitions into fiscal year 2024.
“I’m mandated to (publish the CRER) on the 20th (of the month). And we put a cover letter saying everything is draft because we’re still accepting payments. We’re still receiving payments that should be credited to the prior fiscal year. So, I’m not worried about $308,000. I’m sure just the normal course of business will eliminate that. So, that’s not a big deal,” Carlson said Tuesday.
A letter to the speaker accompanying the CRER also states that law requires the CRER to be reported in a way that isn’t compliant with generally accepted accounting principles or requirements from the Government Accounting Standards Board.
“I’m confident we’ll make it up,” Carlson added.
Customers line up at the Guam Power Authority and Guam Waterworks Authority satellite office June 20, 2022, at the Julale Shopping Center in Hagåtña.
