Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES 
EXPLANATORY NOTE 
Art. II, Sec. 16 provides that “The State shall protect and advance the right of the people to 
a balanced and healthful ecology in accord with the rhythm and harmony of nature.” 
The Philippines generates an estimated 43,684 tons of garbage daily, including 4,609 tons 
of plastic waste, according to government data, and proper disposal facilities are lacking for 
much of it. 
The Philippines is facing a mounting energy crisis as the Malampaya gas fields deplete, 
supplying 30% of Luzon`s energy consumption, are expected to be depleted by 2024. An 
ever-increasing population, an Administration-mandated infrastructure boom, and some of 
the highest electricity costs in S.E. Asia all combine to present formidable challenges. 
This bill aims to turn waste into energy. Nearly 30% of Filipinos do not have access to 
electricity or experience brownouts.  
This bill aims to reduce the huge volume of solid waste in our landfills in the country. The 
waste-to-energy projects could help solve the energy crisis that our country is experiencing. 
On behalf of the people of Parañaque City’s Second District, and for the common good of 
the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
October 21, 2022
8:02 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title.• —This Act shall be referred to as the "Waste-to-Energy 
Act". 
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to: 
(a) Ensure protection of the public's health and the environment through a systematic and
comprehensive ecological solid waste management program (b) Strengthen its commitment 
to solid waste avoidance and volume reduction by supplementing the latter with other solid 
waste management treatment 
technologies to include waste-to-energy; 
(c) Encourage the development and utilization of environmentally sustainable
new and 
alternative technologies in resource recovery, resource conservation, 
processing, 
treatment, and disposal of solid waste, such as waste-to-energy 
facilities; 
(d) Support the utilization of waste-to-energy facilities to attain
5658


 
 
sustainable energy and energy security; 
(e) Strengthen the integration of solid waste management, waste-to-energy promotion, and 
environmental protection towards healthful cities amidst economic growth and development; 
and 
D) Promote collaboration, cooperation, and participation of various sectors in coordinated 
approaches to solid waste management and waste treatment 
technology towards national development and job creation. 
 
Sec. 3. Scope and Application. — This Act shall apply to all local government 
units and waste-to-energy facilities. 
 
 Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall be defined 
as stated below: 
 (a) Agricultural waste refers to waste generated from planting or harvesting of crops, 
trimming or pruning of plants, and wastes or run-off materials from farms or fields; 
(b) Biomedical waste or hazardous healthcare waste refers to waste from healthcare 
facilities that may pose a variety of environmental and health risks. It can be further classified 
into sharps waste, infectious waste, pathological and anatomical waste, pharmaceutical 
waste, genotoxic waste, chemical waste, radioactive waste, and pressurized containers as 
defined by the Department of Health (DOH); 
 (c) City or Municipal Solid Waste Management Board refers to the entity established by 
each city or municipality under Section 12 of Republic Act No. 9003, otherwise known as 
the Ecological Solid Waste Management 
Act of 2000; 
 (d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous chemicals 
from laboratories, industrial establishments, or other sources such as diagnostic and 
experimental work, environmental work, cleaning, housekeeping, and disinfecting 
procedures; 
 (e) Clustering is a strategy of pooling available resources of local government units (LGUs) 
for the establishment of a common solid waste management 
 
treatment facility or service; 
 




 
7 
 Statement System, Republic Act No. 6969 otherwise known as the Toxic Substances and 
Hazardous and Nuclear Waste Act, Republic Act No. 7638 otherwise known as the 
Department of Energy Act of 1992 as amended,  Republic Act No. 8749, Republic Act No. 
9003, Republic Act No. 9136 5 otherwise known as the Electric Power Industry Reform Act 
of 2001,  Republic Act No. 9275 otherwise known as the Philippine Clean Water Act 7 of 
2004, Republic Act No. 9367 otherwise known as the Biofuels Act of  2006, Republic Act 
No. 9513 otherwise known as the Renewable Energy 9 Act of 2008, Republic Act No. 11223 
otherwise known as the Universal 10 Health Care Act, and WHO Guidelines on Air Quality. 
All waste treatment technologies in a ME facility shall be allowed including 
incineration: Provided, that these technologies shall not emit toxic and poisonous fumes into 
the environment and shall comply with all the laws mentioned hereof and other relevant 
laws, rules, and regulations. 
In addition to the provisions of this Act, the segregation, collection, transfer, storage, and 
transport of solid waste as nTE feedstock for a facility, and the waste treatment process of 
the ITE facility shall be governed by Republic Act No. 9003 and Republic Act No. 8749, 
while the energy production aspect of the WTE facility shall be governed by Republic Act 
No. 7638, Republic Act No. 9136, Republic 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and regulations. 
Sec. 6. The National Solid Waste Management Commission. — The Secretary of the 
Department of Energy shall serve in ex officio capacity as a member of the National 
Solid Waste Management Commission (NSWMC), which shall now have fifteen (15) 
members from the government sector. In addition to its powers and functions under 
Republic Act No. 9003, the NSWMC shall: 
(a) Include a ME strategy in the National Solid Waste Management Framework; 
(b) Act as the lead agency in ensuring streamlined standards, criteria, and 29 guidelines for 
WTE facilities to avoid inconsistent and conflicting issuances; 
(c) Regularly determine, review, and publish the following: 
Standards, criteria, and guidelines for: 
1. Characterization and composition of solid waste utilized as ME 2
 
feedstocks for WTE facilities to ensure emissions are compliant 
with Republic 
Act No. 8749 and other relevant laws, rules, and 
regulations, 
2. Transport, storage, and pre-processing of MITE feedstock, 
3. Pre-operation, siting, design, operation, and maintenance of 
WTE facilities, 
4. Quality control and operational control of WTE facilities, 
5. Management of residue from WTE facilities, if any; 
6. Pollution abatement, emissions monitoring, environmental monitoring, and public health 
and safety monitoring in relation 
to WTE facilities, 
7. Decommissioning, closure, and abandonment of ME facilities, 


1 
8 
and 
8. Other guidelines under relevant laws, rules, and  
regulations, and 
Minimum standards, criteria, and guidelines, in determining a fair, equitable, and reasonable 
processing fee for ME facilities taking into consideration, among others, the cost of 
construction, operation, and maintenance of the facility as well as the potential revenue from 
the sale of energy output, in consultation with relevant government 
agencies, experts, and stakeholders; 
(d) Consolidate and make available to the public, through its website, the following: 
 
Current and potential! uses of WTE facilities for solid waste 
management; 
 
Inventory of existing ME facilities; 
(iii) 
General feedstock characterization; 
(iv) 
Status and projection of feedstock generation; 
(v) 
Specific locations of potential feedstock and WTE facilities; and 
 
Other relevant information; 
Provide policy guidelines to assist LGUs in the development of ME facilities to include the 
determination of the potential of WTE facilities in their respective 
localities; 
(f) Ensure LGUs incorporate a ME strategy, if feasible, in their respective Local Government 
Solid Waste Management Plans; 
 (g) Identify and recommend potential clustering of LGUs for a common WTE 
facility; 
 (h) Coordinate with the Provincial, City, and Municipal Solid Waste Management Boards, 
especially for clustered LGUs employing a common WTE facility; and (i) Perform all other 
acts that are analogous to the foregoing, which are necessary 
and incidental to accomplishing the policy objectives of this Act. 
Sec. 7. Role of the Department of Energy. — In addition to its powers and functions under 
Republic Act No. 7638, the Department of Energy (DOE) shall: 
 (a) Issue permits to VvTE facilities based on the energy output, and determine the 
standards, criteria, and requirements applicable for each kind of WTE facility under Republic 
Act No. 7638, Republic Act No. 9136, Republic Act No. 9367, Republic Act No. 9513, and 
other relevant laws, rules, and regulations; (b) Include a ME strategy in the Philippine Energy 
Plan, taking into consideration the National Solid Waste Management Framework; 
 (c) Regularly submit to the NSWMC and make available to the public, especially to potential 
WTE investors, national and local information on the following: (i) Current and potential uses 
of WTE facilities for solid waste 
management, 
(ii) Inventory of existing VTE facilities, and 
(iii)Other relevant information; and 
(d) Perform all other acts that are analogous to the foregoing, which are necessary 


 
9 
and incidental to accomplishing the policy objectives of this Act. 
 
Sec. 8. Role of the Department of Environment and Natura/ Resources. — In addition to its 
powers and functions under Republic Act No. 9003 and Republic Act 
 
No. 8749, the DENR shall: 


 
 
Include a VTE strategy, if feasible, in the National Solid Waste Management 
Status 
Report; 
(b) Provide technical and other capacity-building assistance and support to LGUs based on 
the policy guidelines created by the NSWMC under Section 6(e) of this Act; 
 (c) Implement and revise, when necessary, together with the DOH, existing  guidelines 
issued under Republic Act No. 9003 on waste transport, pre-operation, waste acceptance, 
waste storage, pre-processing of waste, quality  control, operational control, pollution 
abatement, management of residue, emissions monitoring, environmental monitoring, 
public health, and safety  monitoring, decommissioning, closure, and abandonment, among 
others, taking into account the NSWMC's standards, criteria, and guidelines under Section 
6(c) of this Act and other relevant laws, rules, and regulations, and in  consultation with 
relevant stakeholders; 
d) Ensure compliance with Section 8(c) of this Act to include continuous monitoring and 
testing of by-products of WTE facilities; 
 (e) Make available to the public, through its website, the emissions, effluents, and other by-
products of WTE facilities; 
(f) Investigate, motu proprio or upon complaint, reports of non-compliance of WTE
 
facilities with the provisions of this Act and other relevant laws, rules, and 21
 
regulations; 
 (g) Exercise visitorial and enforcement powers to ensure strict compliance of WTE 23 
facilities with this Act, Republic Act No. 9003, Republic Act No. 8749, and other relevant 
laws, rules, and regulations; 
 (h) Recommend to the NSWMC policies to address challenges of VTE facilities from a solid 
waste management perspective; and 
(i) Perform all other acts that are analogous to the foregoing, which are necessary 
and incidental to accomplishing the policy objectives of this Act. 
Sec. 9. Role of the Department of Health. — In addition to its existing powers and 
functions, the DOH shall: 
Ensure all WTE facilities undergo a Health Impact Assessment, under 2 Republic Act No. 
11223 and Presidential Decree No. 1586, as part of the 3 Environmental Impact Assessment 
System, to be jointly reviewed and approved 4 by the DOH and DENR before construction 
and operation; 
(b) Implement and revise, when necessary, together with DENR, existing 
guidelines issued under Republic Act No. 9003 on waste transport, pre-operation, waste 
acceptance, waste storage, pre-processing of waste, quality control, operational control, 
pollution abatement, management of residue, emissions monitoring, environmental 
monitoring, public health, and safety monitoring, decommissioning, closure, and 
abandonment, among others, taking into account the NSWMC's standards, criteria, and 
guidelines under 
Section 6(c) of this Act and other relevant laws, rules, and regulations, and in 


 
 
consultation with relevant stakeholders; 
(c) Regularly conduct an analysis of the effects of ME facilities and disposal sites on public 
health and submit the same to the NSWMC for consolidation, and DENR for proper action, 
if applicable; 
(d) Undertake research on the public health impact of VTE facilities together with 
government agencies, the academe, and private stakeholders; (e) Make available to the 
public, through its website, studies, and analyses of the effects of facilities and disposal sites 
on public health; and (f) Perform all other acts that are analogous to the foregoing, which 
are necessary 
and incidental to accomplishing the policy objectives of this Act. 
 
Sec. 10. Role of Local Government Units. — In addition to their powers, functions, and 
responsibilities under Republic Act No. 7160 otherwise known as the Local Government 
Code of 1991, and Republic Act No. 9003, LGUs shall: 
 (a) In the case of a city or municipality and if applicable, be responsible for the hauling of 
WTE feedstock to a WFE facility; 
(b) In the case of a province and if applicable, provide necessary logistical and 
operational support for the processing of WTE feedstock in a WTE facility; 
(c) Include a ME strategy, if feasible, in their respective Local Government Solid 
Waste Management Plans; 
Comply with the standards, criteria, and guidelines on WTE feedstock and ME 
facilities under Sections 6(c), 8(c), and 9(b) of this Act, if applicable; and 
(e) Be 
authorized to enter into and shall comply with all obligations under the 
following: 
 (i) Clustering arrangements with other LGUs for a common WTE facility, on their own or 
upon recommendation of the Provincial Solid Waste Management Board or the NSWMC: 
Provided, That the province shall have the power to cluster component cities and 
municipalities based on the NSWMC approved provincial and local solid waste management 
10 plans and the recommendation of the NSWMC under Section 6(g) 
of this Act, 
(ii) Long-term contracts with WTE facilities, on their own or with clustered 
LGUs, and 
(iii) Public-private partnerships under Republic Act No. 6957 otherwise known as An Act 
Authorizing the Financing, Construction, Operation and  Maintenance of Infrastructure 
Projects by the Private Sector, and For  Other Purposes as amended, cooperative 
undertakings under Section 33  of Republic Act No. 7160, and other contractual 
arrangements provided for under existing laws, rules, regulations as well as the LGUs' 
respective charters for the establishment of WTE facilities: Provided, That WTE projects 
submitted to the Investment Coordinating Committee under republic Act No. 6957, as 
amended, shall be acted upon within 


 
 
thirty (30) working days from submission: Provided further, that failure 
to act within the 
prescribed time frame shall deem such projects 
approved. 
The national government shall provide support to all LGUs toward the effective 
implementation and the achievement of the policy objectives of this Act. 
Sec. 11. Role of the Provincial Solid Waste Management Board. — In addition to its powers 
and functions under Republic Act No. 9003, the Provincial Solid Waste 
Management Board shall: 


 
31 
13 
Integrate a WTE strategy, if feasible, in the Provincial Solid Waste Management Plan taking 
into consideration the Local Government Solid Waste Management 
Plans of all its component cities and municipalities; 
(b) Recommend potential locations for ME facilities in the Provincial Solid Waste 
Management Plan; 
(c) Identify and recommend, or directly under Section 10 of this Act, clustering of component 
cities and municipalities for a common \IVTE facility, based on the Local Government Solid 
Waste Management Plans of all its component cities and municipalities; 
 (d) Provide the necessary logistical and operational support to component cities and 
municipalities that have the potential to be clustered, have decided to be clustered, or have 
been directed to be clustered under Section 10 of this 
Act, for a common WTE facility; 
(e) Coordinate the efforts and oversee the implementation of the clustering of component 
cities and municipalities for a common WTE facility; and 
(D Coordinate with other Provincial, City, and Municipal Solid Waste Management Boards 
in identifying possible inter- and intra- province clustering for a common 
ME facility. 
 
Sec. 12. Role of the City or Municipal Solid Waste Management Board. — In 
addition to its powers and functions under Republic Act No. 9003, the City or Municipal 
Solid Waste Management Board shall integrate a ME strategy, if feasible, in its Local 
Government Solid Waste Management Plan, and shall submit a copy thereof to the 
Provincial Solid Waste Management Board. 
 
 Sec. 13. Permits and Licenses. — The procedure for the issuance of permits and licenses 
for all kinds of WTE facilities shall be governed by Republic Act No. 11234, 
 
otherwise known as the Energy Virtual One-Stop Shop Act. 
 
Sec. 14. Prohibited Acts. — The following acts are prohibited: 
(a) For LGUs: 
 (i) Failure to include, if feasible, and implement, if applicable, the VTE strategy in their 
respective Local Government Solid Waste Management 
 
Plans, and 
(ii) Failure to perform the responsibilities in Section 10 on the Role of Local Government 
Units, Section 11 on the Role of the Provincial Solid Waste Management Board, and Section 
12 on the Role of the City or Municipal Solid Waste Management Board; 
(b) For government agencies, failure to perform the powers and functions indicated under 
Section 6 on the National Solid Waste Management Commission, Section 7 on the Role of 


 
 
the Department of Energy, Section 8 on the Role of the Department of Environment and 
Natural Resources, and Section 
9 on the Role of the Department of Health; and 
(c) For WTE facilities: 
(i) Failure to comply with the responsibilities in Section 5 on Waste-to-
Energy and Waste-to-Energy Facility, and 
(ii) Use of imported municipal solid waste as ME feedstock for a ME 
facility. 
 
Sec. 15. Penalties. — Without prejudice to civil and criminal liability, the following persons 
found to have violated the Sections mentioned below shall be meted 
with the following penalties: 
(a) Officials of LGUs and government agencies who violate Section 14(a): 
(i) First offense: six (6) months suspension, 
(ii) Second offense: Dismissal from service, perpetual disqualification from  
holding 
public office, and forfeiture of retirement benefits; 
(b) Officials of LGUs and government agencies who violate Section 14(b) shall be 
suffer dismissal from service, perpetual disqualification from holding public 
office, forfeiture of retirement benefits, and imprisonment for one (1) to six (6) years with a 
fine of not less than five hundred thousand pesos 
(P500,000.00) but not more than two million pesos (Php 2,000,000.00) 
(c) Any person who violates Section 14(c)(i): 
(i) First offense: Fine of One million pesos (Php 1,000,000.00) and an amount not less than 
ten percent (10%) but not more than fifteen percent 3 (15%) of the net annual income during 
the previous year, 
(ii) Second offense: The same penalties as with the first offense including an additional 
penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) 
years, 
 (iii) Third offense: The same penalties as with the second offense and permanent 
revocation of the license of the VVTE facility; 
 (d) Any person who violates Section 14(c)(ii) shall pay a fine of One million pesos and an 
amount not less than ten percent (10%) but not more than fifteen percent (15%) of the net 
annual income during the previous year and shall suffer imprisonment of a minimum period 
of one (1) year but not to exceed three (3) years and permanent revocation of the license 
of the WTE facility. The same person shall repatriate the imported municipal solid waste to 
its country of origin. 


 
15 
For Section 14, if the violation is committed by a corporation, partnership, or other juridical 
entity duly recognized by the law, the chief executive officer, president, general manager, 
managing partner, or such other officer-in-charge 
 
shall be liable for the commission of the offense penalized under this Act. 
Sec. 16. Incentives. — WTE facilities, depending on their output, shall be entitled to avail 
of the incentives under Republic Act No. 9367 otherwise known as the Biofuels Act of 2006, 
and Republic Act No. 9513 otherwise known as the Renewable Energy Act 
of 2008. 
Sec. 17. Establishment of Dedicated Office. - The DOE, DENR, DOH, and NSWMC shall 
establish dedicated offices for the effective implementation of this Act. The organizational 
structure and staffing complement shall be determined by the Secretaries of DENR, DOE, 
and DOH, in consultation with the Department of Budget and Management, and by existing 
civil service rules and regulations. The budgetary requirements necessary for the 
establishment of the dedicated offices shall be taken from the current appropriations of 
DOE, DENR, DOH, and NSWMC. 


 
 
Thereafter, the funding for the dedicated offices shall be included in the annual 
General Appropriations Act. 
 
Sec. 18. Appropriations. The amount of Fifteen million pesos 5 
 for DOE, 
Three hundred million pesos 
 for DENR, 
Forty-five 
million 
pesos (P45,000,000.00) 
for 
DOH and 
Twenty-seven 
million 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be charged 
against the current year's appropriations of the DOE, DENR, DOH, and NSWMC 
respectively. Thereafter, such amounts necessary for the sustainable implementation 
of this Act shall be included in the Annual General Appropriations Act. 
 
 
Sec. 19. Congressional Oversight. 
The Joint Congressional Energy 
 Commission (JCEC), created under Republic Act No. 9136 and renamed under Republic 
Act No. 11285, shall exercise oversight powers over the implementation of this Act. The 
Chairpersons of the Committee on Environment and Natural Resources of the Senate and 
the House of Representatives shall be automatic members of the JCEC. 
Sec. 20. Implementing Rules and Regulations. — The DOE together with the 
DENR, in consultation with DOH, NSWMC, Department of Interior and Local Government, 
and public and private stakeholders, shall issue the implementing rules 
and regulations of this Act within ninety (90) calendar days of its effectivity. 
Sec. 21. Amendatory Clause. — All laws, decrees, orders, rules, regulations, and other 
issuances inconsistent with the provisions of this Act are hereby deemed 
amended and modified accordingly. 
Sec. 22. Separability Clause. — If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
 
Sec. 23. Repealing Clause— Any law, presidential decree or issuance, executive order, 
letter of instruction, rule, or regulation inconsistent with the provisions of this 
The act is hereby repealed or modified accordingly. 
 
Sec. 24. Effectivity Clause. — This Act shall take effect fifteen (15) days following 
its complete publication in the Official Gazette or a newspaper of general circulation. 
Approved,