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SIXTEENTH CONGRESS OF THE REPUBLIC 
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(l}ifl~t "I t~.,li'""t .. q 
OF THE PHILIPPINES 
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First Regular Session 
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'13 
SEP -5 P5 :28 
SENATE 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article II, Section 16, provides: 
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 beaches and coastal recreation water of our country are valuable public resources 
that are used for recreation by millions of people annually. Unfortunately, increased population and 
urbanization of watershed areas have contributed to the decline in the environmental quality of coastal 
water, Unless concrete measures are ta~~J, 'our'beaches and coastal recreation water will continue to 
deteriorate, ' 
This bill seeks to improve the quality of beaches and coastal recreation water by adopting 
consistent criteria that would enhance public health and safety,' 
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This bill was re·filed during the Thirteenth Congress, First Regular Session, 
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'sl?l1ntr> 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
(eHtft of HJ!~.~taf't,1:1f¥ 
First Regular Session 
) 
'13 SfP -S P5 :28 
SENATE 
S. No. 1557 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO IMPROVE THE QUALITY OF BEACHES AND COASTAL RECREATION WATER 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be !mown as the "Beaches Environmental 
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Assessment, Closure, and Health Act." 
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SECTION 2. Purposes. - The purpose of this Act is to require uniform criteria and 
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procedures for testing, monitoring, and· notifying users of public coastal recreation water and 
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beaches to protect public safety and improve environmental quality. 
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SECTION 3. Definitions. - For the purposes of this Act, the term: 
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(A) 
"Coastal recreation water" means water adjacent to public beaches and marine 
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coastal water (including bays, lagoon mouths, and coastal estuaries within the tidal zone) used by 
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the public for -
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(1) Swimming; 
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(2) Bathing; 
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(3) Surfing; or 
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(4) Other similar body contact purposes. 
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(B) 
"Floatable materials': means any foreign matter that may float. or rel]1ain. 
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suspended in water, including -
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(1) Plastic; 
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(2) Aluminum cans; 
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(3) Wood; 
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(4) Bottles; 
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(5) Paper products; and 
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(6) Fishing gear. 
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(C) 
"Secretary" means the Secretary of Environment and Natural Resources. 
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SECTION 4. Adoption of Coastal Recreational Water Quality Criteria.-
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(A) 
In General. - Not later than one hundred eighty (180) days after the date of 
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enactment of this Act, the Secretary of Environment and Natural Resources shall adopt water 
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quality criteria for coastal recreation water. 
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(B) 
Development of Criteria. - Water quality criteria described in paragraph (A) shall 
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be developed and promulgated in accordance with existing environmental laws and policies. 
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SECTION 5. Water Quality Criteria Revision.-
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(A) 
Studies. - Not later than three (3) years after the date of enactment of this Act; and· 
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after consultation with appropriate government agencies, including local health officials, and 
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other interested persons, the Secretary shall conduct studies to provide new information for use 
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in developing -
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(1) A more complete list of potential human health risks from inhalation, 
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ingestion, or body contact with coastal recreation water, including effects on 
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the upper respiratory system; 
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(2) Appropriate and effective indicators for improving direct detection of the 
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presence of pathogens found harmful to human health in coastal recreational 
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water; 
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(3) Appropriate, accurate, and expeditious methods (including predictive models) 
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for detecting the presence of pathogens in coastal recreation water that are 
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harmful to human health; and 
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(4) Guidance for the application of the criteria issued under subsection (2) to 
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account for the diversity of geographic and aquatic conditions throughout the 
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country. 
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(B) 
Revised Criteria. - Not later than five (5) years after the date of enactment of this 
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Act, based on the results of the studies conducted under paragraph (A), the Secretary, after 
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consultation with appropriate government agencies, including local health officials, and other· 
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interested parties, shall -
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(1) Issue revised water quality criteria for pathogens in coastal recreation water 
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that are harmful to human health, including a revised list of indicators and 
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testing methods; and 
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(2) Not less than once every five (5) years thereafter, review and revise the 
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water quality criteria. 
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SECTION 6. Coastal Beach Water Quality Monitoring -
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(A) 
Monitoring. -
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(1) In General. - Not later than one hundred eighty (180) days after the date of 
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enactment of this Act, the Secretary shall promulgate regulations requiring 
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monitoring of public coastal recreation water and beaches for: 
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(a) Compliance with applicable water quality criteria; and 
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(b) Maintenance of public safety. 
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(2) Contents of Requirements, - Monitoring requirements established under this 
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section shall specify, at a minimlun-
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(a) Available monitoring methods to be used; and 
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(b) The frequency and location of monitoring based on-
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(i) The periods of recreational use of coastal recreation water and 
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beaches; 
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(ii) The extent and degree of recreational use during the periods 
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described in clause (i); 
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(iii)The proximity of coastal recreation water to known or 
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identified point and non-point sources of pollution; and 
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(iv)The relationship between the use of public recreation water and 
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beaches to storm events; 
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(c) Methods for -
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(i) Detecting levels of pathogens that are harmfill to human health; 
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and 
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(ii) Identifying short-telID increases in pathogens that are hannful 
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to human health in coastal recreation water, including the 
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relationship of short-term increases in pathogens to stonn 
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events; and 
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(d) Conditions and procedures under which discrete areas of coastal 
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recreation water may be exempted by the Secretary from the 
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monitoring requirements under this subsection, if the Secretary 
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determines that an exemption will not -
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(i) Impair compliance with the applicable water quality criteria for 
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that water; and 
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(ii) Compromise public safety, 
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(B) 
Notification Requirements, -
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(1) In General, - Regulations promulgated under paragraph (A) shall require 
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provinces to provide notification of a failure or the likelihood of a failure to 
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meet applicable water quality criteria for provincial coastal recreation water, 
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to: 
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(a) Local governments; 
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(b) The public; and 
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(c) The Secretary. 
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(2) Information Included in Notification. -
Notification shall require, at a 
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minimum-
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(a) The prompt communication of the occurrence, nature, extent, and 
, 
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location of, and substances, including pathogens, involved in, a failure 
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or immediate likelihood of a failure to meet water quality criteria, to a 
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designated official of a local government having jurisdiction over land 
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adjoining the coastal recreation water for which the failure or 
imminent failure to meet water quality criteria is identified; and 
(b) The posting of signs, during the period in which water quality criteria 
are not met continues, that are sufficient to give notice to the public -
(i) of a failure to meet applicable water quality criteria for the 
water; and 
(ii) the potential risks associated with water contact activities in the 
water. 
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(C) 
Review and Revision of Regulations. - Periodically, but not less than once every 
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five (5) years, the Secretary shall review and make any necessary revisions to regulations 
promulgated under this section. 
(D) 
Implementation. -
(E) 
(1) In General. - Each province shall implement a monitoring and notification 
program that conforms to the regulations promulgated under paragraph (A). 
(2) Revision of Program. - Not later than two (2) years after the date of 
publication of any revisions by the Secretary under paragraph (C), each 
province shall revise its monitoring and notification program to incorporate 
the revisions. 
Guidance; Delegation of Responsibility. - Not later than one hundred eighty (180) 
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days after the date of enactment ofthls title, the Secretary shali issue guidance establishing-
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(1) Core performance measures for testing. monitoring, and notification programs 
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under this section; and 
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(2) The delegation of testing. monitoring, and notification programs under this 
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section to the local government authorities. 
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(F) 
Floatable Materials Monitoring; Technical Assistance. - Not later than one 
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hundred eighty (180) days after the date of enactment of this Act, the Secretary shall-
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(1) Provide technical assistance for uniform assessment and monitoring 
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procedures for floatable materials in coastal recreation water; and 
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(2) Specify the conditions under which the presence of floatable materials shall 
constitute a threat to public health and safety. 
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(0) 
Occurrence Database. -
The Secretary shall establish, maintain, and make 
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available to the public by electronic and other means -
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(l) A national coastal recreation water pollution occurrence database using 
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reliable information, including the information reported under paragraph (B); 
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and 
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(2) A listing of communities conforming to the regulations promulgated under 
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this section. 
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SECTION 7. Report to Congress. - Not later than four (4) years after the date of the 
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enactment of this Act and periodically thereafter, the Secretary shall submit to Congress a report 
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that contains -
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(A) 
Recommendations concerning the need for additional water quality criteria and 
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other actions that are necessary to improve the quality of coastal recreation water; and 
(B) 
An evaluation of efforts to implement this Act. 
SECTION 8. Separability Clause. - If any provision or part thereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
with the provisions ofthis Act is hereby repealed, modified, or amended accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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