———$________..,
HOUSE YF REPRESENTATIVES |

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES. 3
‘Quezon Clty pare: 0 JUN 2016
time. F737
17" Congress
First Regular Session By:
House BLL No.479 RECISTRATION UNIT

a i BILLS AND INDEX si
Introduced by HON. JOSE ANTONIO R. SY-ALVARADO—————

EXPLANATORY NOTE

‘The tragic, destructive and costly experience of the Philippines in the past years with floods
arguably aggravated by the release of water from dams brought to attention the procedures, processes,
systems and protocols observed (or not observed) by different agencies tasked to manage or operate
dams in the country.

There is no denying that dams are essential for development. Its importance for power
‘generation, supply for domestic use and irrigation is unquestionable. However, recent experience also
point to the fact that it can also cause destruction and untold misery. In the case of the recent flooding
in Bulacan and Pampanga, destruction to property has reached to about 10 Billion peso estimate, not
to mention the loss of lives.

In the past flooding in Central Luzon following the heavy rains caused by typhoons “Pedring”
and “Quiel” in 2011, tie Local Government Units point to the release of water from the dams as the
main cause of the flooding. While agencies tasked to manage and operate dams deny the accusation
asserting that they followed dam protocols, certain sectors blame the lack of a national dam safety
program and the observance of an outdated dam protocol for the problem.

It is high time to end the blame game on dams. Our people and country cannot affo-< to keep
on debating while the people continue to suffer. Itis time we have a single government agency that is
tasked to control, manage and operate dams and institu‘e a national dam safety program. This maybe a
reactionary move as result to the recent flooding but this is also a pre-emptive and pro-active move
to prevent recurrence of the problems our country experienced in the past.

To address certain concems in metro in Metro Manila, the government created the Metro
Manila Development Authority (MMDA). For Laguna Lake, the Laguna Lake Development
Authority (LLDA) was established. For Mindanao, the Mindanao Development Authority (MinDA)
was created.

‘The couuitry is home to more than a dozen dams. Surely, it is time for the establishrnent of a
single agency where operation and management of dams is placed. It is hoped that this bill shall
become a law in this Congress for that benefit of the people,

‘The passage of this bill is therefore most earnzstly sought.

JOSE ANTONIO R. pete


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" Congress
First Regular S

House BL No, 479

Introduced by HON. JOSE ANTONIO R. SY-ALVARADO

AN ACT INSTITUTING A NATIONAL DAM SAFETY PROGRAM, ESTABLISHING THE
NATIONAL DAM SAFETY AUTHORITY, PENALIZING VIOLATIONS THEREFOR AND FOR
OTHER PURPOSES.

Be it enacted by the House of Representatives and in session assembled that:
Section 1. Short title. This Act shall be known “ Dam Safety Act 2016”
Section 2 Declaration of Policy. It Shall be the policy of the State to:

) Uphold the people’s constitutional rights to life and property by instituting a National dam
Safety program that is pro-active, consultative, transparent, responsible and gives due regard
to the possible occurrence of disasters and destruction to property and loss of lives;

5) Adhere to universal norms, principles, and standards of humanitarian assistance and the global
effort on risk reduction as concrete expression of the country’s commitment to overcome
‘human sufferings due to recurring disasters:

©) Incorporate internationally accepted principles of management in the creation and
implementation of national disasters;

4) Adopt a national dam safety program that is holistic comprehensive, integrated, and proactive
in lessening the socio-economic and environmental impacts of dams including. possible
destruction to property and loss of lives and promote the involvement and participation of all
stakeholders concerned, at all levels, especially the local community and the local government
units;

) Recognize and strengthen the capacities of LGU’s and communities in mitigating ad preparing
for, responding to, and recovering from the impact of disastei

Section 3, Definition of terms. For purposes of this Act, the following terms shall refer to:

4) “Early warning system” the set capacities needed to generate and disseminate timely and
meaningful warning information to enable individuals, communities and organizations
threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the
possibility of harm or loss. A people-centered early warning system necessarily comprises
four (4) key elements: knowledge of the risks; monitoring, analysis and forecasting of the
hazards; communication or dissemination of alerts and warnings; and local capabilities to
respond to the warnings received. The expression “end-to-end warning system’ is also used to
‘emphasize that warning, systems need to span all steps from hazard to community response.

b) “Emergency”- unforeseen or sudden occurrence, especially danger, demanding immediate
action,

) “Emergency management” — the organization and management of resources and
responsibilities for addressing all aspects of emergencies , in particular preparedness response
‘and initial recovery steps.

) “National Dam Safety Plan” — a set procedures, processes or protocols as promulgated by the
National Dam Safety Authority to be observed in the management and control of dams
specially during emergency situations;

Section 4. The National Dam Safety Authority. The National Dam Safety Authority (NDSA) is hereby

‘created, hereinafter referred to as the Authority, which is tasked to control, manage and coordinate operations of

all dams in the country.



Section 5, Principal Office and Term. ‘The Authority shall have its main office in Metro Manila and may
establish area offices as may be determined by it, if necessary, to achieve the objects the objectives of this act.
‘The Authority shall have a term of twenty five (25) years from the effectively of this Act and may be renewed
for the same period unless otherwise provided by law.

Section 6. Power and Functions of NDSA. The Authority shall have the following powers and functions:

a) Exclusive power to control, manage and operate all dam in the country in coordination with
proper agencies. It may however delegate management to agencies currently managing dams,
provided that, such delegated agencies shall be under the direct control and management of
the Authority during emergency;

b) Formulate a comprehensive and holistic national dam safety plan that is consistent with the
declared principles of this Act which shall include provisions on early systems, consultation
and coordination with all concemed agencies including LGUs and private and private sector;

©) Integrate, prioritize, program and implement, whenever allowed and authorized by applicable
Jaws, in relation to control, management and operation of dams;

@) Recommend to and, whenever necessary, call upon the proper agencies on the technical
support, physical assistance an generally, the level of priority to be accorded to agricultural,
industrial, commercial, and infrastructure, environmental and technological programs and
projects soliciting or requiring direct or indirect help from or through the national government
orany its instrumentalities;

©) Explore sources for financing priority on the control, management and operations of dams;

f) To sue and sued, enter into contracts, acquire, purchase, hold, lease, transfer, dispose of
property of any kind or nature to carry out the purposes to this Act; and

) Discharge other functions that may be deemed necessary or as may be provided by law;

Section 7. Chairperson . The chairperson shall be appointed by the President of the Philippines with an
undersecretary rank and shall act the Head of Office. He / She shall serve a ter of six (6) years from the date of
his/her appointment unless removed for cause: Provided, That no person shall be appointed as chairperson
unless he/she is holder of a degree in law or a masteral degree in any of the following fields: hydrology,
Environmental Planning, Public Administration, Management or Engineering, or their equivalent and have at
least ten (5) years relevant experience in said fields.

The Chairperson shall have the following duties and functions:

a) Call and preside meetings of the Board and see to it that the policies, programs and rules and
regulations are implemented properly;

b) Call on formidable players in the formulation and implementation of a comprehensive and
integrated national dam safety program and the preparation of the budget and programming,
priorities, annual reports and other pertinent documents approved by the authority;

©) Identify solutions to key issues and concems, taking into account related risks, affected parties
‘and impact, in coordination with the Board and key stakeholders;

4) Advocate the Authority among the various concerned sectors and stakeholders;

e) Call on any agency, group, individual member of the board, local government unit, and host
community to address issues and concerns relating to implementation of major programs,
projects and activities;

) Endorse to the Board all policy recommendations, plans and programs for the approval ;

2) Represent the Board in regular and special Cabinet meetin,
‘Accept, on behalf of the Authority, donations, contributions, grants and bequests or gifts, in cash
or in kind, from members, foreign governments, international agencies, private entities or any
individual for purpose that will realize the functions of the Authority;

h) Supervise administrative operations including disbursement of any fund of the Authority, subject
to the usual accounting and auditing procedures, and submit reports thereon;

i) Execute and administer the policies and measures approved by the Board;


i) Appoint all employees of the Authority, and remove, dismiss or otherwise diseipline for cause,
such employees in accordance with the standard guidelines for recruitment, employment, and
discipline in the Civil Service Code;

') Represent the Authority in all dealings with other offices, agencies, and instrumentalities of the
‘government and with all persons and entities, public or private;

ind/or contracts on behalf of the Authority, including those for expert and
and other reports of accountabilities emanating from the Authority; and

tm) Perform such other functions that the Board may direct to carry out provisions of this Act,

Section &. Executive Director. — An Executive Director shall be appointed by the President of the Philippines
pen recommendation by the Chairperson: Provided, That no person shall be appointed as Executive Director
unless he/she is a holder of a degree in any ofthe fields provided for in the preceding section.

Treyscetutive Director shall assist the Chairperson in carrying out the functions of the Authority and shall
likewise, serve as the Secretary of the Board,

Seation 9. Board of Directors. — The Authority's overall directions and thrusts shall be provided and approved,
unless provided otherwise in this Act, by the NDSA Board of directors, hereinafter referred to as the Board I
shall be composed of the following members:

(@) The Secretary of the Department of National Defense:
(®) ‘The Secretary of the Department of Public Works and Highways;
(©) The Secretary of the Department of Ener

(@) The Secretary of the Department of Health;

(©) The Secretary of the Department of Social Welfare and Development;
(O The Secretary of the Department of Agriculture;

(g) The Secretary of the Department of Environment and Natural Resources;

(h)_ The Secretary of the Department of Interior and Local Governmer

() A’Senator, upon designation by the Senate President, who shall be an ex officio member;

()_ The Chairperson of the House Committee on Environment, who shall be an ex officio member;

(W)_ The Chairperson of the House Committee on Ecology, who shall be an ex officio member;

(D)_ The Chairperson of the House Commitee on Energy who shall be an ex officio member;

(m) A Local Chiet Executive (LLC) designated by the Union of Local Authorities of the Philippines
(GLAP), Provided that the Governor of the Province where the Dam is located shall be represented
in the Board;

(n)_ The respective Presidents of the League of Cities and the League of Municipalities;


(0) ‘The Administrator of MWSS;
(p) A Representative from the NWRB;

(@) Three (3) representatives from the private sector to be appointed by the President, upon the
recommendation of the Board comprising of one (1) representative each from the:

(1) Bnergy Sect

(2) Water Sector; and

(3) Irrigator’s

‘erm of the three (3) representatives from the private sector shall be six (6) years: Provided, That at the
inital appointment of such members, the second member to be appointed shall only serve a term of four (4)
Frat nd the third member to be appointed shall only serve term of two (2) years: Provided, further, That they

Members of the Board shal receive a per diem of not more that Five Thousand pesos (PS, 000.00) for every
foard mecting: Provided, however, That the per diem collected per month does not exceed the equivalent of
{Out CO meetings: Provided, further, That the amount of per diem for every Board meeting may be increased by
‘the President but such amount shall not be increased within two (2) years its last increase,

‘The Board shall have the following functions:

(8) Provide direction and guidance for the Authority's work on dam safety;

(b) Ensure that the goals and policies of the Authority are consistent with the overall national
development goals and objectives;

(c) Ensure that the programs of the Authority are consistent with regional and local development
Plans, programs and projects and vice versa for purposes of harmonization;

(@) Create committees/task forces as may be deemed necessary in the accomplishment of duties and
functions;

(€) Determine schedules, establish voting procedures, criteria for the con:
other rules and regulations in the conduct of Board meetings; and

itution of @ quorum and

(Perform such functions as may be necessary to carry out the purposes of this Act.


Section 10, Executive Committee. ~The Board shall constitute an Executive Committee, hereinafter referred to
as the ExeCom, from among its membership to act, for and on its behalf when the Board is not in session, on
‘urgent matters as may be deemed necessary by the Chairperson. To ensure inter-regional representation and
participation, the following shall comprise the ExeCom:

(a) ‘The Chairperson:

(b) ‘The Executive Director;

(©) The Representative trom the Private Sector; and

Section L1. Organizational Structure. ~The Chairperson, upon approval of the Board, shall determine the
organizational structure, staffing pattern and pay scales of the Authority subject to existing civil service and
‘compensation laws. ‘The Chairperson may reorganize the Authority and may create or abolish divisions, units or
branches therein as the exigencies of the affairs of the Authority may require.

Section 12. Merit System.- All officials and employees of the Authority shall be selected and appointed on the
basis of merit and fimess in accordance with civil service law, rules and regulations. The recruitment, transfer,
promotion, and dismissal of all its personnel including temporary workers shall be govemed by a merit system
that will be established by the NDSA in compliance with existing laws, rules and regulations.

Section 13. Transitory Provision — The present agencies tasked to manage and operate dams shall make the
necessary preparations and tum-over the management, control and operation of the dams under the control and
management to the Authority one year after the affectivity of this Act. Provided, that such present agencies may
retain management and control of dams if the Authority shall delegate the same as may be determined by the
Board. Within one (1) year from the affectivity of this Act, the Authority shall submit to the President and to
both houses of Congress the National Dam Safety Plan.

Section 14. Penalties. — The consultation with all stakcholders shall be mandatory upon the Authority
particularly in times of emergeney. In times of calamities, typhoons aud other disasters which affect dams, it
shall be mandatory that the Authority, through the Executive Committee shall confer with concerned agencies
and stakeholders on the status of dams, including water levels and other information that are relevant to ensure
the safety of the people. The Authority shall conduct a massive public information on their action during
‘emergency situations including issuance of early waming devices, Failure to conduct consultations and the
disclosure of relevant information to the public is hereby penalized with imprisonment of not Jess than three (3)
‘months to six (6) years imprisonment and a fine ranging from One Million Pesos (1. M) to ten Million Pesos
(10M) upon. the diseretion of the court

Section 15. Appropriations, ~ The amount necessary to finance the initial implementation of this Act shall be
‘charged against the current year’s appropriations of the Department of Public Works and Highways. Thereafter,
the current budget shall be increased by one hundred percent (100%), which shall be included in the annual
General Appropriations Act (GAA) for its continued implementation,

Section 16. Implementing Rules and Regulations, - The Authority shall adopt rules and regulations to
implement the provisions of this Act within sixty (60) days from the date of its approval.

Section 17. Repeating Clause. ~ Ail laws, decrees, executive orders, rules and regulations or parts thereof
inconsistent with or contrary to the provisions of this Act are hereby repealed or modified accordingly.


Section 18 Separability Clause. ~ if any part or provision ofthis Act is held ‘unconstitutional or invalid, other
pars of provisions hereof whch are not affected shall continue to remain in full force and effect.

Section 19. Effect
least two (2) news}

“Ths Act shall take effect fifteen (15) days following, completion of its publication in at
pers of general circulation,

Approved.