Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon Gity

FIFTEENTH CONGRESS

towesite. D206

Introduced by: HON. MA. VICTORIA SY-ALVARADO, Representative, 1” District of Bulacan

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

Exptanatory Note

‘The tragic, destructive and costly experience of the Phitppines in the past two 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 Bams in the country.

There is no denying that dams are essential for development. Its importance for power
generation, water supply for domestic use and irrigation is unquestionable. However, recent
‘experience also point to the fact that it can alsa 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 fives.

In the latest flooding in Central Luzon following the heavy rains caused by Typhoons
“Pedring” and “uie!”, 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dam safety program and the observance of an outdated dam pratocol for the problern,

It is high time to end the blame game on dams. Our people and country carmot afford to
keep on debating while the people continue to suffer. It is time we have a single govemment
agency that is tasked to control, manage and operate dams and institute a national dam safety
program. This maybe a reactionary move as a result to the recent flooding but this is also a pre-
‘emptive and pro-active mave to prevent reaurrence of the problems our country experienced in the
past.

To address certain concems in Metro Manita, 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 {MinOA) was created.

‘The country is home to more than a dozen dams. Surely
‘operation and managementis placed.

is time for an agency that where

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

YA. VICTORIA SY-ALVARADO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon Cty
FIFTEENTH CONGRESS

Second Regular Session

Hoise BI No SACK

Introduced by: HON. MA. VICTORIA SY-ALVARADO, Representative, 1* District of Bulacan

‘AN ACT INSTITUTING A NATIONAL DAM SAFETY PROGRAM, ESTABLISHING THE NATIONAL DAM
SAFETY AUTHORITY (NDSA), PENALIZING VIOLATIONS THEREFOR AND FOR OTHER PURPOSES,

Be it enacted by the House of Representatives in session assembled that:
Section 1, Short title. This Act shall be known “Dam Safety Act of 2011”,
Section 2, Declaration of Policy. It shall be the policy of the State to:

(a) Uphold the people’s constitutional rights to life and property by instituting a National
Dam Safety Program that observes that is pro-active, consultative, transparent, responsible and
tkives due to regard to the possible occurrence of disasters, and destruction to property and (oss of
lives;

(b) Adhere to universal norms, principles, and standards of humanitarian assistance and the

Wobal 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 dam safety program;

(d} Adopt 8 national dam safety program that is holistic, comprehensive, integrated, and
proactive in lessening tha sacio-economic and environmental impacts of dams including possible
destruction to property and Joss of lives and promote the involvement and participation of all
sectors and all stakeholders concerned, at all levels, especially the local community;

(e} Recognize and strengthen the capacities of LGUs and communities in mitigating and
Preparing for, responding to, and recovering from the impact of disasters;

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

{a} “Early warning systam*- the set of capacities needed to generate and disseminate timely
and meaningful waming information the set of 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 earty warning system necessarily comprises four (4) key elements: knowledge
of the risks; monitoring, analysis and forecasting of the hazards; communication or
Gissemination of alerts and warnings; and local capabilities ta respond to the warnings



received. The expression “end-to-end warning system” is also used to emphasize that
warning systems need to span all staps from hazard detection to community response.

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

{c] “Emergency Management” -the organization and management of resources and
responsibilities for addressing all aspects of emergencies, in particular preparedness,
response and initial secovery steps.

{d) “National Dam Safety Plan” ~ a set of procedures, processes or protocols as
Promulgated by the National Dam Safety Authority to be observed in the management
and contro! 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, 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, ta achieve the objectives of this
‘Act. The Authority shall have a term of twenty five (25) years from the effectivity of this Act and may
be renewed for the same period unless otherwise provided by law.

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

(8) Exclusive power to control, manage and operate ail dams in the country in coordination
‘with proper agencies. It may howaver delegate to agencies currantly managing dams,
Provided that, such detegated agencies shall be under the direct cantrol 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 waming
systems, consultation and coordination with all concerned agencies including LGUs and
private sector;

{(c) Integrate, prioritize, program and implement, whenever allowed and authorized by
applicable laws, in relation to control, management and operation of dams;

{d) Recommend to and, whenever necessary, call upon the proper agencies on the technical
Support, physical assistance and, generally, the level of priority to be accorded to
agricultural, industrial, commercial, and infrastructure, environmental, and technological
Programs and projects soliciting or vequiring direct or indirect help from or through the
national government or any of its instrumentalities;

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

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


(p} Discharge other functions that may be deemed necessary or as may be provided by law;

‘The Authority, through the Chairperson, shall submit to the President and both Houses of Congress annual
reports on its accomplishments and activities.

Section 7, Chairperson. The Chairperson shall be appointed by the President of the Philippines with an
Undersecretary rank and shall act as the Head of office. He/She shalt serve a term 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 a holder of a degree in law or a masteral degree in any of the following fields: Hydrology,
Environmental Planning, Public Administration, Law, 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 property;

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

(c) Identify solutions to key issues and concerns, taking into account related risks, affected parties and
impact, in coordination with the Board and key stakeholders;

(d) Advocate the Authority's work 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

{(f) Endorse to the Board all policy recommendations, plans and programs for approvat;

{h) Represent the Board in regular and special Cabinet meetings;

{g) 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 of 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;

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

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

{1) Sign agreements and/or contracts on behalf of the Authority, including those for expert and
consultant services and other reports of accountabilities emanating from the Authority; and

{m) Perform such other functions that the Board may direct to carry out the provisions of this Act.

Section 8. Executive Director. - An Executive Director shall be appointed by the President of the Philippines
upon 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 of the fields provided for in the preceding section.

‘The Executive Director shall assist the Chairperson in carrying out the functions of the Authority and shall,
likewise, serve as the Secretary of the Board.

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

{a) The Secretary of the Department of National Defense;

(b) The Secretary of the Department of Public Works and Highways;

{c) The Secretary of the Department of Energy;

(d) The Secretary of the Department of Health;

(e) The Secretary of the Department of Social Welfare and Development;

{f) 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 Government;

{i} A Senator, upon designation by the Senate President, who shall be an ex officio member;

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


(k) The Chairperson of the House Committee on Ecology, who shail be an ex officio member;
(1) The Chairperson of the House Committee on Energy who shail be an ex officio member;
{m) A Local Chief Executive {LCE} designated by the Union of Local Authorities of the Philippines (ULAP),

Provided that the Governor of the Province where the Dam is located shall be represented in the
Boal

{n) The respective Presidents of the League of Cities and the League of Munici

{0} The Administrator of MWSS;
{p) A Representative from the NWRB;
{q) 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} Energy Sector;

{2} Water Sector; and

(3) erigator’s Sector,

‘The term of the three (3) representatives from the private sector shall be six (6) years: Provided, That at the
initial appointment of such members, the second member to be appointed shall only serve a term af four (4)
years and the third member to be appointed shall only serve a term of two (2) years: Provided, further, That
‘they shal continue to hold office untit their successors shall have been appointed. All vacancies, prior to the
expiration of the term, shall be filled for the unexpired term only.

Members of the Board shall receive a per diem of not more than Five thousand pesos (P5,000.00) for every
Board meeting: Provided, however, That the per diem collected per month does not exceed the equivalent of
four (4) meetings: Provided, further, That the amount of per diem for every Board meeting may be increased by
the President but such amount shail not be increased within two (2) years its last increase.

The Board shall have the following functions:

(a) 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



{e) 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;

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

(f) Determine schedules, establish voting procedures, criteria for the constitution of a quorum and
other rules and regulations in the conduct of Board meetings; and

(g) 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 nat in session, on
ungent 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;

{c) The Representative from the Private Sector; and

Secthon 11. Organizational Structure. - The Chairperson, upon approval of the Board, shall determine the
organizational structure, staffing patter 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 af the Authority shall be selected and appointed on the
basis of merit and fitness in accordance with civil service law, rules and regulations. The recruitment, transfer,
promation, and dismissal of all its personnel including temporary workers shall be governed 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 turn-over the management, control and operation of the dams under the contro
and management to the Authority one year after the effectivity 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 effectivity 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 al stakeholders shall be mandatory upon the Authority
particularly in times of emergency. In times of calamities, typhoons and other disasters which affect dams, it
shall be mandatory that the Authority, through the Executive Committee shall confer with concemed 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 shail 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 refevant information to the public is hereby penalized with imprisonment of nat bess 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 discretion 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. - All laws, decrees, exeoutive orders, rules and regulations or parts thereof
inconsistent with or contrary ta the provisions of this Act are hereby repealed ar modified accordingly,

Section 18. Separability Clause. - If any part or provision of this Act is held unconstitutional or invalid, other
Parts or provisions hereof which are not affected shall continue to remain in full force and effect.

Section 19. Effectivity. - This Act shall take effect fifteen {15) days following completion of its publication in at
least two (2) newspapers of general circulation.

Approved.