Bill No. 2-S, introduced by Governor Lou Leon Guerrero, would allow the Guam Power Authority and the Guam Waterworks Authority to install power, water, and wastewater lines on GHURA-acquired land in Mangilao, the same site eyed for a new medical campus. 

Supporters say investing 2021 American Rescue Plan Act dollars here will strengthen village infrastructure and prevent federal funds from being forfeited.

But the measure also exempts these contracts from two sections of Guam's procurement law, removing the attorney general’s oversight.

“The removal of the checks and balances in both Bill No. 1 (1-S) and 2 (1-S) is not the solution from the legal point of view because it removes the attorney general from the ability to do what you guys told me to do and told the prior attorney generals to do since 2009: to make sure that money wasn’t spent so that the people, law enforcement, you name it have to investigate and then go after the money,” said Attorney General Doug Moylan. 

Moylan argued those safeguards were created to prevent misuse of taxpayer dollars.

“That’s what concerns me about these first two bills. You’re removing the design of Congress, the design of the local legislature on the roles, and then removing the check and balances that were incorporated into it,” added Moylan. 

The Governor’s Legal Counsel, Attorney Jeffrey Mootz pushed back, saying Moylan has already refused to approve ARPA contracts, leaving agencies unable to move forward.

“His limitation is to the legality of the contract, but he’s already made a determination that he’s not going to review anything,” said Mootz. “[Bill No. 2S] doesn't prevent any review of the contract. The review of the contract is then done by the GSA legal council who is by law the attorney for GSA who is the procurement specialist.”

Supporters reminded lawmakers of the utilities decades of experience in handling procurement themselves.

“We’ve been doing it for 20+ years. $2.2B. We've won OPA bill appeals and the only two bills that ever – the only two protests that went to the Superior Court, we won as well,” said Simon Sanchez II, a member of the Consolidated Commission on Utilities. “Now the AG has threatened to sue innocent government workers performing their duties like certifying funds, issuing the bids.”

And Fernando Esteves, GHURA Deputy Director, argued that even if a hospital never rises in Mangilao, the money would still pay for meaningful upgrades.

"This is a dangerous game that we're playing here. The money is real. The money is ready to go. At the end of the day, if a hospital never gets built, there is over $100 million in infrastructure that will benefit the people of Guam,” said Esteves. 

Still, lawmakers voiced concern. 

Senator Shawn Gumataotao asked if Bill 2 would undermine Guam's judicial process. 

Senator Sabrina Salas Matanane was more direct.

“This really is not about compromise. This is about complete control,” said Salas Matanane. 

As the debate over Bill No. 2-S unfolded, attention also turned to a competing measure: Resolution 93. 

Authored by Senator Christopher Dueñas, it asks the U.S. treasury and Trump administration to reprogram the same ARPA funds, shifting them from Mangilao utilities to urgent repairs at Guam Memorial Hospital.

“We’re not trying to stop $105M from going to the people of Guam. We’re trying to stop $105M where the federal government’s going to claw it back because this governor failed to bring in the legislature back in December,” said AG Moylan. 

But Senator William Parkinson warned that request could backfire.

“I think that it’s a mistake to send this resolution to Congress. I think it could put us in danger of losing that money. We have a capricious president by nature. He might just say, ‘What are you clowns doing down there? You're fired. We're going to take that money back. Sorry. We're done,’” said Parkinson. 

Two measures, two competing visions.

One to push forward in Mangilao, the other to focus on Guam Memorial Hospital. 

With $105 million on the line and an expiration date of December 2026, the legislature faces a decision that could define the future of healthcare on the island.