A bill to repeal the ban on open detonation passed during an emergency session held at the Guam Congress Building late Tuesday afternoon.

Bill 52 passed by a vote of eleven in favor, three against, and one excused absence. 

It’s the first session of the new legislature.

Sen. Chris Duenas requested the emergency session following hours of testimony provided by top military officials Monday during a public hearing on Sen. Sabina Perez’s bill to address the military's concerns, but Duenas contends addressing it would equal repealing it.

"A danger in our community of two major facets exists if we do not repeal this section of law. The first and foremost is obvious,” Duenas said. “In the event that Feb. 27th arrives, if this section of the public law is not repealed, there is no question and it has been put squarely on the record that DoD, the military and their operations for handling these munitions will cease.”

Perez was hoping for her Bill 35, which would only alter the ban while keeping the intent of Public Law 36-139, to be included on the emergency session agenda.  

Acting Speaker Tina Muna Barnes denied her request.

“A full repeal is worse than a few steps backwards,” Perez said. “It is unnecessary and for reasons unknown goes overboard in erasing any progress we have made on this issue whatsoever."

Public Law 36-139 bans open burn and open detonation of hazardous waste, after public outcry over environmental impacts at Tarague beach.

The measure lapsed into law last December, after the governor did not take action.