EIGHTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
« First Regular Session )

HOUSE OF REPRESENTATIVES
H. No, 3987

Introduced by Representative Raul C. Tupas

AN ACT CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND
SANITATION RESOURCE MANAGEMENT, DEFINING ITS POWERS AND
FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Water is a basic human need and access to safe water is a universal human right
as declared by the United Nations.

With global warming, water security is a growing problem worldwide, and it calls for
long term planning and responses. In the case of the Philippines, although an archipelagic
country blessed with an abundant source of water, severe water shortage is being
experienced due to the impact of rapid population growth, urbanization, pollution,
excessive and inefficient use of water, and climate change. This is further aggravated by
the lack of a holistic program for water resources management.

One of the Sustainable Development Goals (SDGs) adopted by all United Nations
Member States in 2015 is to ensure availability and sustainable management of water and
Sanitation for all by 2030.1 Despite progress, billions of people still lack safe water,
sanitation and handwashing facilities. Data suggests that achieving universal access to
even basic sanitation service by 2030 would require doubling the current annual rate of
progress,

At present, management of water resources in the country is lodged with different
units or agencies of the government such as National Water Resources Board (NWRB),
Local Water Utilities Administration (LWUA), Metropolitan Waterworks and Sewerage
System (MWSS), and the National Irrigation Administration (NIA) thereby resulting to
duplication of functions, lack of coordination or event conflicts in the Implementation of the
national policies and plans on water, sewage, sanitation, and irrigation thereby resulting to
backlog in the provision of water supply and sanitation services to the public,

This bill seeks to rationalize the water, irrigation, sewage, and sanitation resource
management, including water rights, through the creation of the Department of Water,
Irrigation, Sewage, and Sanitation Resource Management.

* https://sustainabledevelopment.un.org/sdg6


The proposed Department of Water, Irrigation, Sewage and Sanitation Resource
Management shall have the following primary functions:

9.

. Set the policies for water supply and sewage and sanitation management;
. Develop and manage the country's water resources to ensure optimal use,

including but not limited to, domestic, irrigation, power generation, industrial,
agricultural, and commercial use;

. Build, maintain and monitor water-related infrastructure, water quality and

accessibility;

. Regulate the operation and management of water utilities such as MWSS,

LWDs, RWSAs and other water and sanitation service providers;

. Make available and/or provide financial assistance to non-viable LWDs for the

improvement of water facilities or services through funds prior and future
appropriations of the National Government for waterworks and sewerage
systems;

. Regulate and control the utilization, exploitation, development, conservation

and protection of all water resources;

7. Administer and enforce the provisions of Water Code of the Philippines;
8.

Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;
Operate, maintain, and administer all national irigation systems (NIS);

10. Supervise the operation, maintenance, and repair, or otherwise, administer

temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

11. Delegate the partial or full management of NIS to duly organized cooperatives

or associations;

12. Construct multiple-purpose water resources projects designed primarily for

irrigation, and secondarily for hydraulic power development and/or other uses
such as flood control, drainage, land reclamation, domestic water supply, roads
and highway construction, and reforestation, among others, Provided, that the
plans, designs, and the construction thereof, shall be undertaken in coordination
with the agencies concerned;

13. Charge and collect from the beneficiaries of the water from alll irrigation systems

constructed by or under its administration.

‘ The proposed bill is part of the priority legislative agenda of the Duterte
administration as mentioned by the President in his Fourth State of the Nation Address.

Hence, the Immediate passage of this bill is earnestly sought.

Hs
RAUL "Bi C. TUPAS


EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H. No, 3987

Introduced by Representative Raul C. Tupas

AN ACT CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND
SANITATION RESOURCE MANAGEMENT, DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER I- GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Department of Water,
Irrigation, Sewage, and Sanitation Resource Management Act of 2019".

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
fecognize, protect, realize, and enhance the right of all Filipinos to safe, clean, affordable,
and accessible drinking water, sanitation and irrigation as essential to the full enjoyment of
life and all human rights and the protection and sustainability of the environment.

In pursuit of said policy, this Act shall have the following objectives:

a. To prioritize and pursue the immediate attainment of universal access to safe,
adequate, and sustainable water supply and sanitation services for all Filipinos and
adopt all necessary measures directed towards the realization of the human right
to water and sanitation;

b. To strengthen and coordinate water resource planning and policy-making to
ensure sustainable and fair allocation and efficient use of water resources between
competing water uses and users, including but not limited to domestic and
municipal use, irrigation, power generation, farming, fisheries, commercial, and
industrial use.

¢. To achieve Goal No. 6 of the Sustainable Development Goals (SDGs) which is to
ensure availability and sustainable management of water and sanitation for all by
year 2030. Under this goal are the following specific targets:

i. By 2030, improve water quality by reducing pollution, eliminating dumping
and minimizing release of hazardous chemicals and materials, halving the


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proportion of untreated wastewater and substantially increasing recycling
and safe reuse in the country

ii, By 2030, substantially increase water-use efficiency across all sectors and
ensure sustainable withdrawals and supply of freshwater to address water
scarcity and substantially reduce the number of people suffering from water
scarcity

ili. By 2030, implement integrated water resources management at all levels,
including through transboundary cooperation as appropriate

iv. By 2030, expand international cooperation and capacity-building support to
developing countries in water- and sanitation-related activities and
programmes, including water harvesting, desalination, water efficiency,
wastewater treatment, recycling and reuse technologies

v. _ Support and strengthen the participation of local communities in improving
water and sanitation management

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are
hereby defined:

a.

Department refers to the Department of Water, Irrigation, Sewage, and Sanitation
Resource Management.

. Sanitation refers to sewage, sanitation, and septage management.

. Sewerage refers to any system or network of sanitary pipelines, ditches, channels,

or conduits including pumping stations, lift stations, and force mains, service
connections Including other constructions, devices, or appliances appurtenant
thereof, which includes the collection, sanitary piping transport, pumping, and
treatment of water-borne human or animal waste removed from residences,
buildings, institutions, and industrial and commercial establishments to point of
‘sewage treatment plant disposal.

|. Sewage refers to water-carried waste in solution or suspension, including sanitary

waste (waste products of normal living), commercial waste, industrial waste,
agricultural waste, and surface runoff, conveyed by a sewerage system for
treatment or disposal. For purposes of this Act, the definition of septage shall be
included in the use of sewage.

. Septage refers to sludge produced on individual on-site wastewater disposal

systems, principally septic tanks and cesspools.

The terms "infrastructure" and "public works" as used in this Act should be ready to
apply only to wholly or primarily water-related projects and shall not be read to incorporate
projects which would not otherwise fall within the purview of the objectives, powers, and duties
of the Department.


S

CHAPTER Il- ORGANIZATION

SECTION 4. The Department of Water, Irrigation, Sewage, and Sanitation
Resource Management - There is hereby created and established the Department of Water,
Irrigation, Sewage, and Sanitation Resource Management, hereinafter referred to as the
"Department", which shall be organized within one hundred eighty (180) days after the
effectivity of this Act. The Department shall be tasked with developing and implementing a
comprehensive water, irrigation, sewage, and sanitation program for the Philippines including,
but not limited to:

d.

Implementing necessary policy and resource reforms with respect to the
Management of water, irrigation, sewage, and sanitation;

. Monitoring and evaluating compliance with the national goals relating to water,

irrigation, sewage, and sanitation;

. Formulating a national updated road map to address the water, sewage, and

sanitation requirements of the State; and

Improving conservation of water and increasing system efficiencies.

SECTION 5. Powers and Duties of the Department. - The Department shall have the
following powers and duties, among others:

a

Develop policies to promote universal access to safe, adequate, affordable, and
sustainable water supply, irrigation, sewage, and sanitation services for all
Filipinos;

. Coordinate with relevant government agencies or entities to provide policy

directions, strategies, and targets to meet the goals and objectives for water
supply, irrigation, sewage, and sanitation. Such policies shall, among other things,
integrate the issues of water, irrigation, sewer, energy, environment, and food
security;

; Manage and protect the country's water resources to ensure the optimal use

thereof for domestic water supply, sewage, sanitation, irrigation, hydropower,
navigation, flood control, and recreation, including the enhancement and
maintenance of water quality, conservation of watersheds, control of water
pollution, and environmental restoration, without compromising the natural
ecosystem functions and services;

. Manage the ownership, appropriation, utilization, exploitation, development,

conservation, and protection of water resources and rights to land related thereto
and their competing demands;

Undertake and coordinate with ether agencies and government entities in data
gathering, scientific research, and studies on water resources management and

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wovaneune

development, and conduct nationwide hydrologic surveys to determine the annual
renewable water available per water region;

. Formulate, issue, promulgate and enforce rules and regulations in the

administration and management of the country's water resources and implement
rules and guidelines for the enforcement of water-related laws;

|. Conduct continuing surveys and studies of the country's renewable water supply

with a view towards formulation long-term policies to balance the sustainability and
Optimal use of water resources, defining the hydrologic boundaries of basins of the
existing water supply sources, and creating and implementing countrywide master
plans for water resources management and development;

. Coordinate with and assist other government agencies in all aspects of data

gathering, conduct studies and research, and classify and establish water quality
Standards for surface and ground water, including national standards for drinking
water and wastewater effluence in coordination with relevant agencies;

Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management (IWRM) policies
and plans, and coordinate the implementation, promotion, revision, and
enhancement of IWRM plans;

Effect and compel inter-sectoral, inter-agency, and inter-departmental coordination
on water, irrigation, energy, environmental, sewage, and sanitation resources
development planning with the aim of operationalizing the integrated approach
water resources management;

. REguIate fd COnTO! fhe UTIIZAtOn, ExpIOItation, AbStFaCtion, diversion, and

development of water resources, taking into its equitable distribution, and
determine the standards of beneficial and priority uses of water in times of crisis
and national emergencies;

|. Assist and provide the National Economic and Development Authority (NEDA) with

fequired data and inputs from and for the water sector in the formulation of the
country's short-term and long-term strategic development plans and actions;

|. Pass upon, approve, or disapprove all plans, programs, or development projects

of private individuals, corporations , and government agencies, whether
national or local, that affect water resources, its diversion or abstraction, and the
construction of hydraulic facilities, including but not limited to plans and projects in
watershed or basin areas of water supply sources, which have direct or indirect
impact on the affected locality's water resources;

. Review from time to time regulations prescribed by any government agency

pertaining to water use, exploitation, development, conservation, or protection of
waters, water resources, and watershed or basin areas;

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0. Authorize its representatives or any deputized agent to enter any property of public

dominion or any private land, building, or enclave, whether inhabited or not, for the
purpose of conducting hydrologic surveys and investigations, including assessing
and evaluating the conditions of water facilities installed and determining
compliance with water laws and standards;

. Require Local Government Units (LGUs) and national agencies to submit zoning

and land use management plans to ensure the integration of water resource
management plans; Provided, That no zoning and land use plan shall become
effective and enforceable unless and until a certification of integration of water,
sewage, and sanitation resource management plan has been issued by the
Department. Should the Department have serious concems affecting conservation
and sustainability of water supply, such concerns must first be resolved by the
Department and the concerned LGU and/or national agency. However, in the
absence of such concerns, the concerned LGU and/or government agency may,
ninety (90) days from the submission of its zoning and land use plan and after
submitting to the Department a written notice of compliance with this provision,
proceed with the implementation of its zoning and land use plan without prejudice
to later integration of the water resource management plan for the locality;

. Provide technical assistance to water, irrigation, sewer and sanitation users,

whether directly or in coordination with other agencies, to assist them in applying
for water and irrigation permits and providing data on water, irrigation, sewage, and
sanitation resource usage;

. Plan, design, construct, and/or improve all types of irrigation projects and

appurtenant structures;

. Operate, maintain, and administer all national irrigation systems (NIS);

. Supervise the operation, maintenance, and repair, or otherwise, administer

temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partlally with government funds;

. Supervise the operation, maintenance, and repair, or otherwise, administer

temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

. Delegate the partial or full management of NIS to duly organized cooperatives or

associations;

. Construct multiple-purpose water resources projects designed primarily for

irrigation, and secondarily for hydraulic power development and/or other uses such
as flood control, drainage, land reclamation, domestic water supply, roads and
highway construction, and reforestation, among others, Provided, that the plans,


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designs, and the construction thereof , shall be undertaken in coordination with the
agencies concerned;

x. Charge and collect from the beneficiaries of the water from all irrigation systems
constructed by under its administration;

y. In coordination with other relevant government agencies, develop and implement
effective codes, standards and reasonable guidelines to ensure the safety of all
public and private structures in the country and assure efficiency and proper quality
in the construction of water, irrigation, sewage, and sanitation infrastructures;

z. Assist other government agencies, including LGUs, in determining the most
Suitable entity to undertake the actual construction of water, irrigation, sewage, and
sanitation projects;

aa. Maintain and cause to be maintained all flood control, water resource development
systems, irrigation systems, and other public works throughout the country except
those that are the responsibility of other agencies as directed by the President of
the Philippines or as provided by law;

bb. Provide integrated planning for flood control, flood risk management, and water
resource development and management systems, other public works;

cc. Determine and require the monitoring and submission of such data, statistics, and
other information as may be necessary for the effective and efficient exercise of its
duties, functions, powers and responsibilities;

dd. Respond to consumer complaints and ensure the adequate promotion of consumer
interests;

ee. Deputize agents, whether from the public or private sector, to assist in the
performance of any of the powers and functions of the Department;

ff. Appoint, hire, and maintain adequate staff and personnel, advisers, and/or
consultants, with suitable qualifications and experience, as necessary;

gg. Manage funds coursed through it under General Appropriations Act intended as
financial assistance to LWDs or LGUs for the development and/or improvement of
water supply and sanitation facilities;

hh. Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country's water, irrigation, sewage, and
sanitation resources;

li. Exercise such other incidental powers and functions as may be necessary to attain
the objectives of this Act; and


32

jj. Carry such other functions as the President may from time to time assign to the
Department consistent with the aims and provisions of this Act.

SECTION 6. Secretary of the Department of Water, Sewage, and Sanitation. -The
authority and responsibility for the exercise of the mandate of the Department and for the
discharge of its powers and functions shall be vested in the Secretary of the Department of
Water, Sewage and Sanitation, hereinafter referred to as the Secretary, who shall have
supervision and control over the Department and shall be appointed by the President. For
such purposes, the Secretary shall:

a. Advise the President on the promulgation of executive or administrative orders,
regulations, proclamations, and other issuances relative to matters under the
jurisdiction of the Department;

b. Establish the policies and standards for the operation of the Department pursuant to
the President's guidelines;

c. Promulgate rules and regulations necessary to carryout Department
objectives, policies, and functions;

d. Exercise supervision and control over all Bureaus and Offices under the Department;

e. Supervise all attached agencies and corporations in accordance with law;

f. As deemed appropriate by the Secretary, delegate authority for the performance of
any power or function, as defined herein or as delegated by the President, to officers
and employees under his direction; and

g. Perform such other duties and responsibilities as may be provided by law.

SECTION 7. Office of the Secretary - The Office of the Secretary shall be composed of
the Secretary and his immediate staff.

SECTION 8, Undersecretaries. -The Secretary shall be assisted by not more than four
(4) Undersecretaries, who shall be appointed by the President upon the
recommendation of the Secretary, as follows:

1. One for the Finance and Administrative Service;

2. One for the Planning and Engineering Services;

3. One for the Regulatory and Financial Assistance Services; and
4. One for the Operations.

r Within her/his functional area of responsibility, an Undersecretary shall have the
following functions:

a. Advise and assist the Secretary in the formulation and implementation of
Department policies, plans, programs, and projects;

7


b. Supervise all the operational activities of the units assigned to her/him, for which
she/he is responsible to the Secretary; and

1
2
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4 c. Perform such other duties and responsibilities as may be assigned or delegated
5 by the Secretary to promote efficiency and effectiveness in the delivery of public
6 services or as, may be required by law.

7

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SECTION 9. Assistant Secretaries. -The Secretary shall also be assisted by one

Assistant Secretary for Internal Audit and the four (4) Undersecretaries shall each be assisted

10 by not more than two (2) Assistant Secretaries likewise appointed by the President of the
11 _ Philippines upon the recommendation of the Secretary.

ia ah SECTION 10. Organizational Structure. - The Department shall be composed of the
14 following organization units:

15

16 a. Department Proper consisting of the Office of the Seoretary, the Offices of the
7 Undersecretaries and Assistant Secretaries, the Intemal Audit, Finance and
18 Administrative Service, Planning and Engineering Services, Regulatory and
19 Financial Assistance Services; and Operations; and

20

2 b. Regional Offices, as deemed appropriate and necessary by the Secretary.

22

2B SECTION 11. Internal Audit. - The Internal Audit is hereby created for the purpose of

24 — conducting comprehensive audit of various Department activities and shall have the following
28 specific functions:

27 a. Advise the Secretary on all matters relating to management control and operations
28 audit;

Ph

30 b. Conduct management and operations performance audit of Department activities
31 and units and determine as to compliance with established objectives, policies,
32 methods and procedures, government regulations, and contractual obligations of
33 the Department;

34

35 c. Review and appraise systems and procedures, organizational structure, assets
36 Management — practices, accounting, and other records, reports, and
37 performance standards of the Department Proper and Regional Offices;

38

39 d. Analyze and evaluate management deficiencies and assist top management to
40 solve problems by recommending realistic courses of action; and

41

42 e. Perform such other related duties and responsibilities as may be assigned or
43 delegated by the Secretary or as may be required by law.

44

45 SECTION 12. Finance Service and Administrative Service. -

46 .
47 Finance Service


The Finance Services is hereby created to provide the Department with coordinated services
rélating to financial systems and procedures, budget, cash, accounting, and all financial
matters not falling under other Services. For such purposes, it shall have the following

functions:

a.

Advise the Secretary on all matters relating to the accounting of government
expenditures and receipts, budgeting and cash management, project finances, and
financial systems and procedures;

. Prepare budget proposals and pursue formal budget authofizations, undertake

budget execution, and prepare and submit all appropriate réports to the proper
offices;

. Develop and maintain accounting, financial, and assets mahagement systems,

procedures, and practices in the Department Proper and Regional Offices in
accordance with the existing government accounting and auditing rules and
regulations;

. Provide assistance in its area of specialization to any unit of the Department and,

when requested, to government corporations, councils, and boards attached to the
Department; and

Administrative Service

The Administrative Service is hereby created to provide the Department with services relating
to human resources development, personnel records, facilities maintenance, medical and
dental, gender and development (GAD), security, property and procurement services. For
such purposes, it shall have the following functions:

a.

Advise the Secretary on all matters relating to internal administration and human
Tresources management;

. Prepare and implement an integrated personnel plan that shall include provisions

‘on merit promotion, performance evaluation, job rotation, suggestions and
incentive awards systems, and health and welfare services;

. Provide services related to human resource training, education, and development,

including manpower, career planning and forecasting and development of
indigenous training materials;

|. Prepare and/or implement Department GAD plans and budgets and GAD

accomplishment reports;

. Develop, establish, and maintain an efficient and cost-effective property

procurement system and facilities and coordinate or otherwise interface with
relevant agencies, whether government or private, for the purpose of developing
or upgrading the system;


tt

Secure and maintain necessary Department facilities, and develop, establish, and
maintain an efficient and effective security system covering, among others,
personnel, physical installations, equipment, documents, and materials, including
the conduct of security investigations;

. Coordinate with the appropriate government agencies for a more efficient conduct

of administrative processes;

|. Develop, establish and maintain an efficient records system;

Provide assistance in its area of specialization to the Department Proper and
Regional Offices and, when requested, the government agencies and corporations
attached to the Department; and

Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law.

SECTION 13. Planning and Engineering Services. - The Planning and Engineering
Services is hereby created to provide the Department with the capability to undertake
infrastructure development planning, programming and implementation. For this purpose, it
shall have the following functions:

Advise the Secretary on all matters relating to infrastructure planning and
implementation;

. Formulate strategies and priorities for infrastructure development consistent with

national development objectives and initiate or undertake relevant surveys for
development planning;

. Formulate and implement long-range, medium-term and annual development

plans and programs for infrastructure, including flood control, water resource
development systems, and other public works projects, including phasing of
implementation and review and integrate land use plans with such water
development plans;

|. Identify and implement priority packages for infrastructure development, including

flood control, water resource development systems, and other public works
projects, and undertake or supervise and evaluate the conduct of feasibility studies
and project preparation and implementation thereof;

. Prioritize project implementation and the allocation of funds and other resources

and package project proposals for funding and implementation;
Evaluate and appraise all reginal interregional infrastructure development plans

and programs as to their feasibility and consistency with approved strategies and
long and medium-term plans;

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g. Gather, analyze, and organize needed statistical data and information;

h. Provide technical assistance related to its functions to the other Services and
Regional Offices as needed; and

i. Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law.

SECTION 14. Regulatory and Financial Assistance Services. - The Regulatory and
Financial Assistance Services is hereby created to provide the Department with services on
all legal affairs, compliance of attached government corporations, LWDs, RWSAs,
cooperatives, and other associations, including private entities under contractual or
concession arrangement with them, and other private water service providers on the
established standards, rules and regulations relating to: water quality; infrastructure and
facilities design and construction; equipment, materials and supplies; operations and
maintenance; personnel; organization; accounting; tariffs; and other matters subject to
regulation. It shall also provide the Department services on the management of the financial
assistance available and granted to LWDs and RWSAs. For this purpose, it shall have the
following functions:

a. Advise the Secretary on all matters relating to legal affairs and regulation of the
operation of the attached corporations; LWDs RWSAs, cooperatives and other
associations;

b. Provide legal assistance to the Department Proper and Regional Offices and, when
requested, the attached corporations and boards;

c. Prepare Department contracts and legal instruments, review of administrative
charges against officers and employees of the Department, members of the top
management of the attached corporations and boards;

d. Conduct administrative investigation as well as the review of administrative
charges against officers and employees of the Department, members of the top
management of the attached corporations and boards;

e. Establish standards for: water quality; design and construction of facilities;
optimum selection of equipment, materials and supplies; procedures for operations
and maintenance of water and sewer equipment and facilities; training of
personnel; organization; uniform accounting system; tariffs;

f. Review all water rates or charges;

g. Manage the financial assistance available and granted to LWDs, RWSAs and other
qualified water utilities.

« SECTION 15. Operations. - The Operations is hereby created to provide the
Department through Regional Offices with the capability to plan, design, and implement

1


projects for water resource development systems, irrigation, flood control, and other public
works in different regions of the country. For this purpose, it shall have the following functions:

a. Undertake and evaluate the planning, design, construction, and works
supervision functions of the Department for the abovementioned infrastructure
within the region;

b. Undertake the maintenance of the abovementioned infrastructure within the
region and supervise the maintenance of such local infrastructure receiving
national government financial assistance as the Secretary may determine;

c. Ensure the implementation of laws, policies, programs, rules and regulations
regarding the abovementioned infrastructure as well as public and private
physical structures;

d. Coordinate and provide technical assistance with other departments, agencies,
institutions, and organizations within the region, in the planning and
implementation of infrastructure projects;

6. Conduct continuing consultations with the local communicates, take
appropriate measures to make the services of the Department responsive to
the needs of the general public, compile and submit such information to the
central office, and recommend such appropriate actions as may be necessary;
and

f. Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law.

SECTION 16. Regional Director. - Each Regional Office shall be headed by a
Regional Director who shall be responsible for efficiently and effectively carrying out the duties
and responsibilities of the Regional Office. She/he shall also perform such other related duties
and responsibilities as may be assigned or delegated by the Secretary or as may be required
by law.

The Regional Director shall be assisted by two (2) Assistant Regional Directors who
shall exercise supervision respectively over (1) the planning, project design, evaluation,
monitoring, and technical assistance functions of the Regional Office, and (2) the
construction, maintenance, and works supervision functions in the region.

CHAPTER IIl- TRANSITORY PROVISIONS

SECTION 17. Interface with Other Sector Regulators. - The Department is
mandated to coordinate with the different sector regulators as follows:

a. The Department of Environment and Natural Resources (DENR) shall continue to
have the primary authority and responsibility for protecting the environment and for
the conservation of water and related natural resources, including protecting water
bodies from waste and pollution and shall promulgate rules, regulates, and

2


standards in this regard. The Department shall coordinate with the DENR with
respect to the conservation of water resources, protection from sewage and
septage waste, and restoration from environment damage.

b. The Department of Health (DOH) shall have primary authority and responsibility

‘ for determining and enforcing drinking water quality and sanitation standards. The

Department shall coordinate with the DOH to achieve an integrated approach for
sanitation, including toilets, collection, treatment, and evaluation of wastewater.

c. The Department shall subsume responsibility from the Department of Public Works
and Highways (DPWH) for wholly or primarily water-related public works projects
including flood control, water resources development, sewerage, sanitation, and
the harnessing and impounding of water. The Secretaries of each department shall
coordinate on the development of evaluation criteria, as necessary, to determine
proper allocation of public works projects between the two departments.

d. The Department shall absorb the responsibility from the Department of Interior and
Local Government (DILG) on the management and operation of water supply
systems of local government units.

SECTION 46. Transfer of Rights and Obligations, - The Department, shall by virtue
af this Act, be subrogated to all the rights, and assume all the obligations of the relevant parts
of any government agency or unit whose powers and duties have been transferred to the
Department, including the DPWH, National Irrigation Administration (NIA), National Water
Resources Board (NWRB), Metropolitan Waterworks and Sewerage System (MWSS), Local
Water Utilities Administration (LWUA), Metro Manila Development Authority (MMDA), and the
Department of Interior and Local Government (DILG).

The transfer of powers and functions in Section 17 above, as applicable, and agencies
attached thereto, as herein provided for, shall take effect within one hundred eighty (180)
days after the effectivity of this Act. The foregoing transfer of powers and functions shall
include all applicable funds, personnel, records, property, and equipment, as may be
necessary. All offices shall continue to function under their present mandates until transition
is effected as provided for under this Act.

All rights and obligations of said government agencies are hereby transferred to and
assumed by the Department and shall be acted upon in accordance with the rules and
regulations of the Commission on Audit and other pertinent laws, rules, and regulations.

SECTION 19. Separation from Service. - Employees separated from government
service as a result of this Act shall be entitled to the benefits that they may receive under
existing laws, rules, and regulations.

SECTION 20. Funding. - The sum of Billion Pesos shall be set aside from any

available funds of the National Treasury, and is hereby appropriated and authorized to be
released, for the organization of the Department and its initial operations.

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Thereafter, funds sufficient to fully carry out the objectives, powers, and functions of
the Department shall be appropriated every fiscal year in the General Appropriations Act.

The Department shall submit its annual budget, which shall include, among others,
detailed information on the compensation and benefits received by their employees to the
Office of the President for approval.

SECTION 21. Separability Clause. - If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 22. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provision of this Act is hereby repealed, modified or amended
accordingly.

SECTION 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation with its Implementing Rules
and Regulations promulgated by an inter-agency committee composed of the DPWH, NIA,
NWRB, MWSS, LWUA, MMDA, and the DILG within sixty (60) days from the formal
organization of the inter-agency committee.

Approved,

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