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Republic of the Philippines
Bouse of Representatives
Quejon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House sittno. 4054

Introduced by REPRESENTATIVE ALYSSA MICHAELA “MICA” M. GONZALES

AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY FRAMEWORK
FOR FACILITIES UTILIZING WASTE-TO-ENERGY TECHNOLOGIES, REPEALING FOR
THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 8749 OR THE CLEAN AIR ACT

EXPLANATORY NOTE

This bill seeks to establish a national energy policy and regulatory framework for
facilities that convert Waste-to-Energy (WTE). It classifies WTE as a renewable energy
source to address the dual challenges of solid waste management and energy security in the
Philippines. It provides a clear legal and regulatory framework to encourage the private
sector and local government units (LGUs) to invest in these facilities,

If passed into law, the "Waste-to-Energy Act” could deliver significant benefits such
as reducing the volume of waste sent to landfills, which are often at or over capacity. Our
country experiences perennial flooding due to improper waste management practices. By
implementing a strengthened WTE program, it will ensure the protection of the public's
health and the environment through a systematic and comprehensive ecological solid waste
management program. It would likewise provide a stable, local source of electricity,
contributing to the country’s energy security. Finally, the establishment of WTE facilities
would create new jobs and business opportunities in the locality

The bill likewise permits incineration as part of waste treatment technologies in a
WTE facility, provided, that these technologies shall not emit toxic and poisonous fumes into
the environment. It must comply with international standards and all relevant laws, including
the Philippine Clean Air Act. This is intended to allay public concerns about the health and
environmental risks associated with incineration.

In the view of the foregoing, the immediate passage of this bill is most urgently
sought

REP. ALYSSA MICHAELA “MICA” M. GONZALES
3" District, Pampanga


CONGRESS OF THE PHILIPPINES
‘TWENTIETH CONGRESS
First Regular Session

House BILL No. 4054

Introduced by REPRESENTATIVE ALYSSA MICHAELA “MICA” M. GONZALES

‘AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY FRAMEWORK
FOR FACILITIES UTILIZING WASTE-TO-ENERGY TECHNOLOGIES, REPEALING FOR
THE PURPOSE SECTION 20 OF REPUBLIC ACT NO. 8749 OR THE CLEAN AIR ACT

Be it enacted by the Senate and 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;

¢) 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 in order to attain 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

f) Promote collaboration, cooperation, and participation of various sectors in
coordinated approaches to solid waste management and waste treatment technology
towards national development and jobs 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 pursuant to Section 12 of Republic Act No. 9003,
otherwise known as the Ecological Solid Waste Management Act of 2000;

(4) 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
(LCDs) for the establishment of a common solid waste management treatment facility
or service;

(f) Collection refers to the act of removing solid waste from the source or from a
‘communal storage point;

(g) Disposal refers to the deposit, or placing of any solid waste into an approved
disposal site pursuant to Republic Act No. 9003;

(h) Disposal site refers to a facility where solid waste is finally deposited and placed
pursuant to Republic Act No. 9003;

(i) Emission means any air contaminant, pollutant, gas stream, or unwanted sound
from a known source which is passed into the atmosphere;

() Hazardous waste refers to substances that are without any safe commercial,
industrial, agricultural, or economic usage and are shipped, transported, or brought
from the country of origin for dumping or disposal into or in transit through any part of
the Philippines. It shall also refer to by-products, side- products, process residues,
spent reaction media, contaminated plant or equipment, or other substances from
manufacturing operations and as a customer discards of manufactured products, or a
combination of solid waste which, because of its quantity, concentration, physical,
chemical, or infectious characteristics, may:

(i) Cause or significantly contribute to an increase In mortality or an
increase in a serious irreversible or incapacitating reversible illness, or

(ii) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed
of, or otherwise managed;

(k) Incineration in a WTE facility refers to a waste treatment and resource recovery
technology that involves the controlled combustion of waste materials for the purpose
of recovering energy from it, and whose emissions and effluents are compliant with
the guidelines pursuant to this Act and other relevant laws, rules, and regulations;


(1) Local Government Solid Waste Management Pian refers to the ten (10) year solid
waste management plan, consistent with the National Solid Waste Management
Framework, prepared by the LGUs pursuant to Section 16 of Republic Act No. 9003;

(m) Municipal waste refers to waste produced from activities within LGUs which
include a combination of domestic, commercial, institutional, and industrial wastes
and street litters pursuant to Republic Act No. 9003;

(n) National Solid Waste Management Commission (NSWMC) refers to the body
created and primarily tasked with overseeing the implementation of solid waste
management plans and prescribing policies to achieve the objectives of Republic Act
No. 3003;

(0) National Solid Waste Management Framework refers to a document prepared by
the NSWMC based on the National Solid Waste Management Status Report
pursuant to Section 15 of Republic Act No. 9003;

(p) National Solid Waste Management Status Report refers to a document prepared
by the Department of Environment and Natural Resources (DENR), which is used as
a basis in formulating the National Solid Waste Management Framework pursuant to
Section 14 of Republic Act No. 9003;

(q) Poisonous and toxic fumes refer to any emissions and fumes which are beyond
internationally accepted standards, including but not limited to the World Health
Organization (WHO) air quality guidelines, as provided in Republic Act No. 8749,
otherwise known as the Philippine Clean Air Act of 1999;

()Processing fee refers to the amount paid to avail of the services of a waste- to-
energy facility as defined herein,

(8) Provincial Solid Waste Management Board refers to the entity established by
each province pursuant to Section 11 of Republic Act No. 9003;

(t) Residue refers to substances that remain after a process in a waste-to-energy
facility such as preparation, separation, purification, evaporation, combustion,
distillation, or filtration;

{u) Resource recovery refers to the collection, extraction, or recovery of recyclable
materials from the waste stream for the purpose of recycling, generating energy, or
producing a product suitable for beneficial use;

() Sanitary landfill refers to a waste disposal site designed, constructed, operated,
and maintained in a manner that exerts engineering control over significant potential
environment impacts arising from the development and operation of the facility
pursuant to Republic Act No. 9003;

(w) Segregation refers to a solid waste management practice of separating different
materials found in solid waste in order to promote recycling and re- use of resources,
facilitate waste treatment processes, and to reduce the volume of waste for collection
and disposal pursuant to Republic Act No. 9003;

(x) Solid waste refers to all discarded household waste, commercial waste, non-
hazardous institutional and industrial waste, street sweepings, construction debris,
agricultural waste, and other non-hazardous or non-toxic solid waste. It shall not
include:


(i) Waste identified or listed as hazardous waste of a solid, liquid,
contained gaseous, or semisolid form, which may cause or contribute
to an increase in mortality or in serious or incapacitating reversible
illness, or acute or chronic effect on the health of persons and other
organisms,

(ii) Infectious waste from hospitals such as equipment, instruments,
utensils, and fomites of a disposable nature from patients who are
suspected to have or have been diagnosed as having communicable
diseases and must therefore be isolated as required by public health
agencies, laboratory wastes as pathological specimens, and
disposable fomites that may harbor or transmit pathogenic organisms,
and surgical operating room pathologic materials from outpatient
areas and emergency rooms, and

(iii) Waste resulting from mining activities, including contaminated soil and
debris;

{y) Solid waste management treatment facility refers to any resource recovery
system or component thereof, any system, program or facility for resource
conservation; or any facility for the collection, source separation, storage,
transportation, transfer, processing, treatment, or disposal of solid waste;

(2) Solid waste management refers to the discipline associated with the control of
generation, storage, collection, transfer and transport, processing, and disposal of
solid wastes in a manner that is in accord with the best principal of public health,
economics, engineering, conservation, aesthetics, and other environmental
considerations, and that is also responsive to the public attitudes;

(aa) Waste refers to any material misplaced, unused or rejected by persons as
worthless or unwanted. It includes, among others, agricultural, biomedical, chemical
and industrial, hazardous, municipal, and solid wastes;

(bb) Waste-to-Energy (WTE) refers to an energy system with a process of converting
WTE feedstock with various technologies, usually the conversion of non-recyclable
waste materials Into usable heat, electricity, or fuel through a variety of processes;
(cc) WTE facility refers to the facility where the WTE operations are conducted;

(dd) WTE feed stock refers to the waste materials with calorific-value that are taken
In for WTE processing in a WTE facility;

(ee) Waste generation refers to the act or process of producing solid waste; and

(ff) WTE strategy refers to a plan of action with measurable targets for the utilization
of WTE facilities for solid waste management treatment and energy production.

Sec. 5. Waste-to-Energy and Waste-to-Energy Facility. - WTE shall be classified as another
kind of renewable energy resource. A WTE facility shall:

(a) Be both a solid waste management treatment facility and an energy production
facility;


(b) Comply with establishment and operation guidelines for WTE facilities pursuant
to Sections 6(c), 8(c), and 9(b) of this Act;

(c) Ensure the proper management of its residue which should conform to relevant
laws, rules, and regulations and should include making arrangements with a
sanitary landfil, or developing its own, prior to its operations, as a disposal site
for any residue generated from its operations in accordance with NSWMC,
DENR, and DOH guidelines issued pursuant to this Act; and

(d) Comply with relevant laws, rules, and regulations including but not limited to
Presidential Decree No. 1586 Establishing an Environmental Impact 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 otherwise known as the Electric
Power Industry Reform Act of 2001, Republic Act No. 9275 otherwise known as
the Philippine Clean Water Act of 2004, Republic Act No. 9367 otherwise known
as the Biofuels Act of 2006, Republic Act No. 9513 otherwise known as the
Renewable Energy Act of 2008, Republic Act No. 11223 otherwise known as the
Universal Health Care Act, and WHO Guidelines on Air Quality.

All waste treatment technologies in a WTE 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 WTE feedstock for a WTE facility, and the waste treatment
process of the WTE 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 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 WTE strategy in the National Solid Waste Management Framework;

(b) Act as the lead agency in ensuring streamlined standards, criteria, and guidelines
for WTE facilities to avoid inconsistent and conflicting issuances;

(©) Regularly determine, review, and publish the following:
() Standards, criteria, and guidelines for:
1. Characterization and composition of solid waste utilized as WTE
feedstock 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 WTE feedstock,


3. re-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
ind public health and safety monitoring in relation to

7. Decommissioning, closure, and abandonment of WTE facilities,
and

8. Other guidelines pursuant to relevant laws, rules, and regulations,
and

(ii) Minimum standards, criteria, and guidelines, in determining a fair,
equitable, and reasonable processing fee for WTE 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:

(i) Current and potential uses of WTE facilities in relation to solid waste
management;

{ii) inventory of existing WTE facilities;
(ili) General feedstock characterization;
(iv) _ Status and projection of feedstock generation;
(V) Specific locations of potential feedstock and WTE facilities; and
(vi) Other relevant information;
(e) Provide policy guidelines to assist LCDs in the development of WTE facilities to
include the determination of the potential of WTE facilities in their respective

(f) Ensure LGUs incorporate a WTE 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 accomplish 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:

(2) Issue permits to WTE facilities based on the energy output, and determine the
standards, criteria, and requirements applicable for each kind of WTE facility
pursuant to 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 WTE 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 in relation to solid waste
management,

(ii) Inventory of existing WTE facilities, and
(ii) Other relevant information; and

(d) Perform all other acts that are analogous to the foregoing, which are necessary
and incidental to accomplish the policy objectives of this Act.

Sec. 8. Role of the Department of Environment and Natural Resources. - In addition to its
Powers and functions under Republic Act No. 9003 and Republic Act No. 8749, the DENR
shall:

(a) Include a WTE 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 pursuant to Section 6(e)
of this Act;

(©) Implement and revise, when necessary, together with the DOH, existing
guidelines issued pursuant to 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
regulations;


(g) Exercise visitorial and enforcement powers to ensure strict compliance of WTE
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 WTE facilities from
a solid waste management perspective; and

() Perform all other acts that are analogous to the foregoing, which are necessary
and incidental to accomplish 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:

(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to
Republic Act No. 11223 and Presidential Decree No. 1586, as part of the
Environmental Impact Assessment System, to be jointly reviewed and approved
by the DOH and DENR prior to construction and operation;

(b) Implement and revise, when necessary, together with DENR, existing guidelines
Issued pursuant to 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;

(©) Regularly conduct an analysis of the effects of WTE 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 WTE 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 WTE 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 accomplish 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 WTE 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 WTE strategy, if feasible, in their respective Local Government Solid
Waste Management Plans;

(d) Comply with the standards, criteria, and guidelines on WTE feedstock and WTE
facilities pursuant to 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

() 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 plans and
the recommendation of the NSWMC pursuant to 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 pursuant to 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 pursuant to
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 towards 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:

(a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste Management
Pian taking into consideration the Local Government Solid Waste Management Plans
of all its component cities and municipalities;

(b) Recommend potential locations for WTE facilities in the Provincial Solid Waste

Management Plan;

(©) Identify and recommend, or direct pursuant to Section 10 of this Act, clustering of
component cities and municipalities for a common WTE 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 who have the potential to be clustered, have decided to be clustered,


or have been directed to be clustered pursuant to 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

(f) Coordinate with other Provincial, City, and Municipal Solid Waste Management
Boards In Identifying possible Inter- and intra- province clustering for a common WTE
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 WTE 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:
(@) For LGUs:

(i) Failure to include, if feasible, and impiement, if applicable, the WTE 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 WTE feedstock for a WTE
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,


(ji) 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 (P2,000,000,00);

(0) Any person who violates Section 14(c)(i):

{i First offense: Fine of One million pesos (P100,000.00) 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,

(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 WTE facility,

(d) Any person who violates Section 14(c)(i) shall pay a fine of One million pesos
(P1,000,000.00) 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.

For Section 14, if the violation is committed by a corporation, partnership, or other juridical
entity duly recognized in accordance with 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 Offices. - 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 in
accordance with 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 (P'15,000,000.00) for DOE,
Three hundred million pesos (P300,000,000.00) 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 upon 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 Act is hereby
repealed or modified accordingly.

Sec. 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette and in at least two (2) newspapers of general circulation.

Approved,