(a) On the first day of the month following one hundred twenty (120) days after the effective date of this Act or on such later date as the Board shall establish, the public Utility Agency of Guam shall transfer to the Authority:

(1) all items of property which that Agency owns or controls, including construction work in progress, which are used exclusively for electric utility operations and all materials and supplies used and useful exclusively in connection with such properties or in the electric utility operations of that Agency;

(2) all items of property and materials and supplies used by the Agency for electric utility operations in common with other operations and which the Agency and the Authority agree to transfer; and

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(3) all working capital, cash, accounts payable and receivable, deposits, advances payable and receivable, all books, records and maps and all other rights, obligations, assets, liabilities, agreements and privileges pertaining to the electric utility properties or electric utility operations of the Agency. Each employee of the Public Utility Agency of Guam primarily engaged in electric utility operations at the date of the transfer shall be offered employment by the Authority.

(b) As soon as practical and subject to agreement with the United States Navy, the Authority shall acquire by purchase or lease, all electric utility properties of such Navy which are jointly used to supply electric power and energy to civilian consumers, federal agencies and military installations on Guam and are not required for exclusive use of the Navy and other agencies of the Department of Defense and pay therefor, out of the proceeds of an indebtedness incurred by the Authority, such price as may be agreed upon. The Authority may also acquire from the Navy such items of general plant and materials and supplies, related to power operations, as may be agreed upon. Any locally hired civilian employee of the Navy who at the date of transfer is engaged primarily in the operation of the electric utility properties being acquired from the Navy shall be offered employment by the Authority.

(c) Any person accepting employment under this Section shall receive not less than the straight-time rate of compensation he was receiving immediately before the transfer date. The other employment benefits and rights, including retirement and leave, of such transferred employees shall be governed by the provisions of § 8118 of this Article. Any persons so transferred who are found to be in excess of the personnel required for the efficient administration of the Authority shall be retained by the Authority until transferred to other positions in the government of Guam, with the consent of the agency to which transfer is made.

SOURCE: GC § 21507.

2012 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme.

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