HOUSE OF REPRESENTATIVES
RECEIVED
30 wn 2018

SEVENTEENTH CONGRESS DATE:
CONGRESS OF THE PHILIPPINES

FirstRegular Session | WW"_ 42 PY
HOUSE OF REPRESENTATIVES | gy: / /fulG
House Bill No. 82 | :
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Introduced by REPRESENTATIVE PIA S. CAYETANO-

EXPLANATORY NOTE

Transport plays a significant role in spurring economic development and
reducing poverty. Transport is a vital part of the activities, goods, and services
required to support and improve people's lives. At the same time, however, it also
consumes resources and imposes negative side effects. Carbon monoxide, a type of
toxic gas emitted by cars and other motor vehicles, is largely responsible for the
smog and air pollution in the country as well as respiratory diseases, headaches,
and other ailments. The fuel used to run cars and motor vehicles is costing the
Philippines more than One Billion Pesos a day. Our dependence on imported fossil
fuels has a multiplier effect in the prices of basic commodities, goods and services
The heavy reliance on motor vehicles promotes an unhealthy lifestyle as the public
has become sedentary, refusing to walk or bike even short distances. In practically
all of the major cities of the country, this is causing terrible traffic congestion,
unnecessary stress, and even countless accidents resulting in loss of life and limb.

It is high time that we revisit this way of thinking and lifestyle or else our
environment and health continue to suffer. There has to be a balance that will enable
people's transport needs to be met in a way that neither harms them not depletes
resources. There are different available mobility options that our government can
explore in order to serve our people's changing transport needs, unclog the streets
and improve our efficiency as a nation — walking, cycling, use of public
transportation, etc. The government must provide for the creation of a safe,
convenient, inexpensive, collective, efficient, non-congestive, non-pollutive, and
healthful locomotion and transportation system for the benefit of the Filipino people.

This bill seeks to develop sustainable and alternative modes of transportation in
order to reduce greenhouse gas emissions, lessen energy consumption, use
precious urban area efficiently, reduce time and travel costs as well as promote an
active lifestyle. It mandates the Department of Transportation and Communication
(DOTC), in coordination with the National Economic Development Authority (NEDA),
to develop a plan that will encourage this mode shift and promote programs and
infrastructure that will pave the way for the same

In view of the foregoing, approval of this bill is earnestly requested

pa 8 Caylee
PIA S. CAYETANO


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SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No. 582

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE AIR
QUALITY, INCREASE EFFICIENCY, REDUCE CONGESTION AND CONTRIBUTE
TO POSITIVE HEALTH IMPACTS IN OUR SOCIETY

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Short Title. — The Act shall be known as the “Sustainable
Transportation Act of 2016."

SEC. 2. Declaration of Policies. — In conformity with the provisions of the
Constitution to promote general welfare and social justice in all phases of national
development, to protect and advance the right of the Filipino people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature, and to
conserve and develop the patrimony of the nation, and in consonance with signed
international agreements such as Aichi Statement of 2005, United Nations Economic
Commission for Europe (UNECE) Agreement, United Nations Framework
Convention on Climate Change (UNFCCC) Agreement of 1992, UNECE World
Forum for Harmonization of Vehicle Regulations (WP 29) and Bangkok Declaration
for 2020 the State hereby adopts the following policies relative to the transportation
system in our country, whether public or private:

a.) The State shall promote a shift towards a safe, cost-effective, efficient, non-
congestive, non-pollutive, and healthful locomotion and seamless and
inclusive transportation system for the benefit of all citizens, economy and
society;

b,) The State shall increase mobility options of the general public and promote
the use of alternative modes of transportation such as non-motorized
transportation, green vehicles and public transportation;

¢.) The State shall properly plan and establish facilities and infrastructures that
will respond to this paradigm shift in the transportation system;

d.) The State shall espouse social equity and gender perspective in the
formulation of a Sustainable Transport plan, reinforcing existing rules,
regulations and laws;


e.) The State shall establish its plans and programs in conformity with the overall
integrated national land use plan as well as the local comprehensive land use
plans; and

f.) The State shall encourage the viable use of alternative and cleaner fuels in
view of vehicular modernization.

SEC. 3. Definition of Terms. — The following terms shall have their respective
meanings

a.)"Mixed-Use Development” refers to any urban, suburban or village
development, or even a single building, that blends a combination of
residential, commercial, cultural, institutional, or industrial uses, where those
functions are physically and functionally integrated, and that provides
pedestrian connections.

b.) Motor vehicle” means a self-propelled vehicle or any vehicle propelled by
any power other than muscular power. The term does not include an electric
bicycle.

c.) "Public transportation" refers to a shared passenger transportation service
which is available for use by the general public. These include buses, trams,
trains, rapid transit and ferries

d.)‘Road Safety Audit’ refers to the systematic checking of the safety aspects
of new highway and traffic management schemes, including modifications to
existing layouts, The main aim is to design out safety problems from the
beginning and to reduce future problems. Safety audits should be included
during the design, construction and maintenance phases of road projects.
e.,)'Transit-Oriented Development (TOD)" refers to a mixed-use residential
and commercial area designed to maximize access to public transport, and
often incorporates features to encourage transit ridership. A TOD
neighborhood typically has a center with a transit station or stop (train station,
metro station, tram stop, or bus stop), surrounded by relatively high-density
development with progressively lower-density development spreading
outward from the center.

f.) “Transportation demand management’ (TDM) refers to strategies that
increase transport system efficiency. TDM gives priority to modes that move
people more efficiently and discourages the use of single occupancy vehicles
to reduce traffic congestion. It also includes promotion of non-motorized
transportation (NMT) through walking and cycling

g.) "Walkways" refers to a continuous way designated for pedestrians and
separated from the through lanes for motor vehicles by space or barrier.

h.) “Sustainable transport’ refers to any means of transport with low impact on
the environment, accessible, safe, environment-friendly, and affordable. It
includes walking and cycling, transit oriented development, green vehicles,
carpooling, and building or protecting urban transport systems that are fuel-
efficient, space-saving and promote healthy lifestyles.

SEC. 4. Sustainable Transport Action Plan. — The Department of Transportation
and Communication (DOTC), in coordination with the Department of Environment
and Natural Resources (DENR), the National Economic Development Authority
(NEDA) and other key stakeholders from the national and local levels as may be
deemed necessary, shall prepare a Sustainable Transport Action Plan which aims to

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provide a roadmap for national and local transportation system to be adhered to at
all levels throughout the country.

The Sustainable Transport Action Plan shall include strategies relating to the
inclusion of non-motorized transport, the development of a seamless and inclusive
public transportation system, green infrastructure and facilities, and enforcement of
transportation demand management measures. These will set out the actions
required to achieve the mode shift target over a certain period of time as identified by
DOTC.

SEC. 5. Integrated Land Use and Transportation Plan. ~ In the preparation and
updating of their land use plans, all local government units (LGUs) shall explore the
important relationship between land use and transportation and ensure that land-use
and transportation decisions be made in conjunction with each other to balance and
coordinate the mix of land uses, with the end in view of sustaining a healthy
economy, supporting the use of alternative transportation, and enhancing the quality
of life. Said plan shall include strategies to avoid unnecessary travel through transit-
oriented development. Further, the DOTC shall provide technical assistance to key
stakeholders and LGUs in the completion of these integrated land use and
transportation plans, upon the request of the LGUs and subject to availability of
resources.

SEC. 6. Establishment of Emission Control and Standards, Road Safety and
Inspection and Maintenance. - The State shall endeavor to achieve a smoke-free,
accident- free and effective road safety management system. In line with this, the
existing motor vehicular standards set by the DOTC and the DENR on emission, fuel
economy and roadworthiness shall form part of the Sustainable Transport Action
Plan as consistent with the objectives of this Act. The DOTC, in coordination with
related agencies, shall strictly implement these emission standards and conduct
stronger road apprehension

A. Emission Control and Standards. — Pursuant to Philippine Clean Air Act of
1999 or Republic Act No. 8749, the DOTC, through the Land Transportation
Office (LTO), shall conduct the vehicle test for emissions utilizing the Motor
Vehicle Inspection Station (MVIS) as well as establish a roadside inspection
system to ensure that vehicles comply with the emission standards.

B. Road Safety Program. - The existing road safety program shall be enhanced
and strictly enforced, by adopting a zero-fatality policy, implementing
appropriate speed controls and imposing a regular Road Safety Audit (RSA)
to influence safety performance on an ongoing basis. The Department of
Public Works and Highways (DPWH) shall identify the roads and highways to
be audited and shall be responsible for the conduct of the RSAs.

SEC. 7. Use of Alternative Energy and Cleaner Fuels. - The Department of
Energy (DOE), in coordination with the DOTC and the DENR shall formulate
strategies towards vehicular modernization and use of alternative energy and
cleaner fuels, such as but not limited to Compressed Natural Gas (CNG) fueled
Buses and Electric Motor Powered Vehicles, pursuant to the Philippine
Standardization Law or Republic Act No. 4109, Philippine Clean Air Act of 1999 or
Republic Act No. 8749 and the Biofuels Act of 2006 or Republic Act No. 9367. The

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availability, viability, safety, sustainability, energy resilience and fuel efficiency of
these alternative energy and cleaner fuels shall be taken into consideration, as well
as transparency and route measured capacity in relation to the issuance of
provisional authorities or franchises.

SEC. 8. Non-Motorized Transportation. - The DOTC shall develop policies and
guidelines that promote non-motorized transportation such as walking and bicycling,
and variants such as the use of strollers, small-wheeled transport (skates,
skateboards, push scooters and hand carts) and wheelchair travel to meet public
transportation demand. Said policies and guidelines shall include design principles
for supporting facilities and infrastructures that will espouse a seamless
transportation system such as, but not limited to, exclusive pedestrian and bike
lanes, safe street crossings and access ramps for persons with disabilities (PWDs)
to ensure inclusive non-motorized transportation

A. Installation of Walkways. - Each LGU shall maintain adequate sidewalk areas on
roads frequented by pedestrians as walkways to allow safe pedestrian passage and
for the safe and convenient use of wheelchairs, strollers and similar instruments. For
primary and secondary roads, there shall be allotted three (3) meters for the
sidewalks. If there is no space allocated for such and the implementation will prove
difficult, in lieu thereof, either an elevated footbridge or underground walkway must
be installed

B. Designation of Bike Lanes. - Each LGU shall designate a bike lane measuring at
least one (1)-meter wide on the rightmost portion of major roads within its jurisdiction
which shall be clearly marked as such and segregated from alll vehicular traffic lanes.
by a yellow dividing line. Currently designated bike lanes shall be assessed for
safety and connectivity and shall be subject to measures that will improve the same.

The designated bike lanes shall be for the preferential or exclusive use of bicycles.
All motorized vehicular traffic shall not be allowed to use the bike lane at any time of
the day. The right of way of bikers shall be paramount at all times and may not be
obstructed by a parked or standing motor vehicle or other stationary object, even in
intersections.

C. Provision of Bicycle Parking Spaces and Bike Racks, - The DOTC shall establish
guidelines on the minimum supply of bicycle parking spaces and bike racks in
buildings and other facilities, taking into consideration the population of the short-
term or long-term dwellers in the area. The owners of these establishments shall be
required to provide for such

SEC. 9. Public Transportation. - The DOTC shall provide guidelines that will
promote a shift towards seamless and inclusive public transportation as a primary
mobility option to the general public, especially the poor, including the elderly,
PWDs, women, youth, and children. Better public transportation initiatives shall be
studied and implemented in an effort to reduce the impact of fossil fuel on our
environment and financial markets, provide high quality but affordable transport
services as well as help reduce energy costs and pollution. Further, a unified and
automated fare collection shall, as much as possible, be established amongst all the
available forms of public transportation.


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The DOTC shall conduct a Land Transportation Rationalization Study which will
scientifically determine the actual need for public transportation in the various routes.
This study shall objectively determine the actual number of public buses, jeeps, taxis
and other public utility vehicles (PUVs) needed by the public in a certain route, road,
street, locality or area. After completion, the study will be used as the basis for the
Land Transportation Franchising and Regulatory Board’s (LTFRB) issuance of the
franchises for all the PUVs and grant of authority to operate as a vehicle for hire.

A. Commissioning of a ‘Bus Rapid Transit (BRT) System.” — The DOTC shall
prepare a study commissioning the creation of a Bus Rapid Transit (BRT) System
which will organize buses into one efficient long-distance transportation system with
coordinated schedules, rates, routes, and pick-up and drop-off points. The LGU and
the private sector, including but not limited to mall owners and bus companies, may
be tapped in order to put up or use existing facilities such as parks, parking lots, and
bus depots that will serve as large collective transportation terminals where people
can park their cars and bikes and take the buses to their destinations

B. Establishment of a Water Ferry System. - As much as practicable, the national
agencies and water regulatory bodies in charge of a water body led by the DENR, in
coordination with the DOTC, shall study and initiate the establishment of a ferry
system in navigable bodies of water which may be operated by the said authority or
bid out to a private contractor.

SEC. 10. Transportation Demand Management Programs. - The DOTC, in
coordination with the Department of Labor and Employment (DOLE), Department of
Education (DepEd), Department of Trade and Industry (DT!) and one representative
each from the civil society, transport sector and the youth, shall come up with
guidelines on transport demand management programs that will reduce the volume
of cars and motorized transport in the roads as well as enhance and encourage
students and workers to use the public transport system. These shall include, but is
not limited to, the following:

a.) carpool, vanpool, or car-share projects;

b.) car ownership policies in relation to parking and air pollution;
c.) congestion pricing measures;

d.) programs to promote telecommuting;

e,) flexible work schedules, or satellite work centers;

f.) transport program for government employees; and

g.) intelligent transportation systems.

SEC. 11. Facilities. - The DOTC, in coordination with the DPWH and the LGUs
concerned, shall carry out an investment program that will encourage a shift to
sustainable transport within selected communities by providing safe and convenient
options to bicycle and walk for routine travel, and for other purposes. Transit-oriented
development, supporting facilities for non-motorized transportation, intermodal
connectivity and public transportation shall be developed in accordance with the land
use and transportation plan

SEC. 12. Public Health Program. — An Inter-Agency Taskforce composed of the
DOTC and the DOH shall be created to lead the formation and the implementation of

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a Transportation and Health Impacts Program. The taskforce shall formulate
strategies for the reduction of the negative heath and environmental impacts of
transportation to road users. These strategies shall include but not be limited to
strengthening of public health services, formulation of the necessary department
administrative orders and required regular general and audio- logical check up for
road users and affected communities. Further, the taskforce shall regularly monitor
and evaluate these strategies.

SEC. 13. Education and Research Programs. - The DOTC and the NEDA shall
conduct studies and researches, and eventually supply information to the car-owning
and -riding public as well as commuters on aspects of sustainable transport that are
relatively new. Technical assistance may be provided to other government agencies
and private sector representatives involved in the transport system

The DOTC shall also conduct a continuous public consultations and social impact
assessments amongst stakeholders affected by as the Sustainable Transport Action
Plan. Social safety nets shall be carefully studied, formulated and implemented, as
needed.

SEC. 14. Financing. - The DOTC, in coordination with the key stakeholders
deemed necessary, shall explore the possibility of accessing a growing range of
global environment funds in order to be able to assist in the funding of sustainable
Public transport systems. Public-private partnerships shall also be encouraged in the
development of transportation improvements.

Further, seventy- five percent (75%) of the seven and one half percent (7.5%)
allotted in the Special Vehicle Pollution Control Fund (SVPCF) provided for in
Section 7 of Republic Act No. 8794 or An Act Imposing A Motor Vehicle User's
Charge On Owners Of All Types Of Motor Vehicles And For Other Purposes shall be
retained by the DOTC for the implementation of this Act.

SEC. 15. Implementing Agency. - The DOTC shall be the main implementing
agency for this Act

SEC. 16. Separability Clause. — Should any provision herein be subsequently
declared invalid or unconstitutional, the same shall not affect the validity or the
legality of the other provisions not so declared

SEC. 17. Repealing Clause. — All laws, presidential decrees, executive orders, rules
and regulations, other issuances, and parts thereof, which are inconsistent with the
provisions of this Act, are hereby repealed and modified accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after publication in
at least (2) newspapers of general circulation

Approved,