THIRTEENTH CONGRESS OF THE REPUBLIC j 
OF THE PHILIPPINES 
1 
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-4 P333 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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The Gnstitution,-kticle 2, 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 ontributed 
to the decline in the environmental quality of coastal water. 'Unless concrete measures are taken, 
our beaches and coastal recreation water will continue to deteriorate 
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This bill seeks to improve the quality of beaches and coastal recreation water by adopting 
consistent criteria that would enhance public health and safety. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
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B 3 3 3 
First Regular Session 
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Introduced by Senator Miriani Defensor Santiago 
AN ACT 
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: 
SECTION 1. Short Title. - This Act shall be known as the “Beaches Environmental 
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Assessment, Closure, and Health Act.” 
SECTION 2. Purposes. - The purpose of this Act is to require uniform criteria and 
procedures for testing, monitoring, and notifying users of public coastal recreation water and 
beaches - 
(1) to protect public safety; and 
(2) to improve environmental quality. 
SECTION 3. DeJinitions. -In this Act - 
(1) COASTAL RECREATION WATER - The term ‘coastal recreation water’ 
means water adjacent to public beaches and marine coastal water (including bays, lagoon 
mouths, and coastal estuaries within the tidal zone) used by the public for - 
(A) swimming; 
(B) bathing; 
(C) surfing; or 
(D) other similar body contact purposes. 
(2) FLOATABLE MATERIALS - The term ‘floatable materials’ means any 
foreign matter that may float or remain suspended in water, including - 
(A)plastic; 
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(B) aluminum cans; 
(C) wood; 
(D)bottles; 
(E) paper products; and 
(F) fishing gear. 
SECTION 4. Adoption Of Coastal Recreational Water QuaZity Criteria. - 
(1) IN GENERAL-Not 
later than three (3) years and one hundred eighty (180) 
days after the date of enactment of this Act, the Secretary of the Department of Environnient and 
Natural Resources shall adopt water quality criteria for coastal recreation water. 
(2) DEVELOPMENT OF CRITERIA - Water quality criteria described in 
subsection (1) shall be developed and promulgated in accordance with existing environmental 
laws and policies. 
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SECTION 5 .  Water Quality Critevin Revision. - 
(1) STUDIES - Not later than three (3) years after the date of enactment of this 
Act, and after coiisultation with appropriate officials (including local health officials) and other 
interested persons, the Secretaiy shall conduct studies to provide new information or use in 
(A) a more complete list of potential human health risks from r 
nhalation, 
developing - 
ingestion, or body contact with coastal recreation water, including effects on the 
upper respiratory system; 
(B) appropriate and effective indicators for improving direct detection of 
the presence of pathogens found harmful to human health in coastal recreational 
water; 
(C) appropriate, accurate, and expeditious methods (including predictive 
models) for detecting the presence of pathogens in coastal recreation water that 
are harmful to human health, and 


(D) guidance for the application o f  the criteria issued under subsection (2) 
to account for the diversity of geographic and aquatic conditions thro ghout the 
country. 
(2) REVISED CRITERIA - Not later than five (5) years after the date of 
enactment of this Act, based on the results of the studies conducted under subsection (l), the 
Secretary, after consultation with appropriate officials (including local health officials) and other 
interested parties, shall - 
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(A)issue revised water quality criteria for pathogens in coastal recreation 
water that are harmful to human health, including a revised list of indicators and 
testing methods; and 
(E) not less than once every five (5) years thereafter, review and revise the 
water quality criteria. 
SECTlON 6. Coastal Bench Water Quality Monitouiizg. - 
(1) MONITORING - 
(A)m GENERAL ~ Not later than one (1) year and one hundred eighty 
(180) days after the date of enactment of this Act, the Administrator shall 
promulgate regulations requiring monitoring by the department of public coastal 
recreation water and beaches for - 
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(i) 
(ii) 
maintenance of public safety. 
compliance with applicable water quality criteria; and 
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(B) CONTENTS OF REQXREMENTS - Monitoring re uirements 
established under this section shall specify, at a minimum - 
(i) 
(ii) 
available monitoring methods to he used; and 
the frequency and location of monitoring based on - 
(a) the periods of recreational use of coastal recreation 
water and beaches; 
(b) the extent and degree of recreational use during the 
periods described in clause (a); 


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(iii) 
methods for - 
(a) detecting levels of pathogens that are harmful 
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to human 
coastal recreation water may be exempted by the Secretary from the 
monitoring requirements under this subsection, if the Secretary determines 
that an exemption will not - 
(a) impair compliance with the applicable water quality 
criteria for that water; and 
(b) compromise public safety. 
,(2) 
NOTIFICATION REQWZEMENTS - 
(A) IN GENERAL - Regulations promulgated under subsection (1) shall 
require provinces to provide notification of a failure or the lilcelihood of a failure 
to meet applicable water quality criteria for provincial coastal recreation water, to: 
(i) 
local governments; 
(ii) 
the public; and 
(iii) 
the Secretary. 
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(B) LWORMATION INCLUDED W NOTIFICATION 
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N tification 
under this subsection shall require, at a minimum ~ 
(i) 
the prompt communication of the occurrence, nature, extent, 
and location of, and substances (including pathogens) involved in, a 


guidance establishing - 
(i) core performance measures for testing, monitoring, and 


(ii) the delegation of testing, monitoring, and notification programs 
under this section to the local government authorities. 
(B) 
DELEGATION 
OF 
RESPONSIBILITY 
TO 
LOCAL 
GOVERNMENTS - If a responsibility described in paragraph (1)(B) is delegated 
by a prpjnce to a local government authority, or is delegated to a local 
government authority before the date of enactment of this section, resources, 
including grants made, shall be made available to the delegated authority for the 
purpose of implementing the delegated program in a manner that is consistent 
with the guidance issued by the Secretary. 
(6) FLOATABLE MATERIALS MONITORING; TECHNICAL AS ISTANCE 
- Not later than one (1) year and one hundred eighty (180) days after the date of en ctment of 
this Act, the Secretary shall - 
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(A) provide technical assistance for uniform assessment and monitoring 
procedures for floatable materials in coastal recreation water; and 
(B) specify the conditions under which the presence of floatable material 
shall constitute a threat to public health and safety. 
(7) OCCURRENCE DATABASE 
~ The Secretary shall establish, maintain, and 
make available to the public by electronic and other means - 
(A) a national coastal recreation water pollution occurrence database using 
reliable infonnation, including the information reported under subsection (2); and 
(B) a listing of communities conforming to the regulations promulgated 
under subsections (1) and (2). 
SECTION7. Reportto Congress.- Notlaterthanfour(4)years afterthedateof the 
enactment of this title and periodically thereafter, the Secretary shall submit to Congress a report 
that contains 
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(1) recommendations conceining the need for additional water quality criteria and 
other actions that are necessary to improve the quality of coastal recreation water; and 
(2) an evaluation of efforts to implement this Act. 


SECTION 8. Separability Clause. - If any provision, 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 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 of this Act is hereby repealed, modified, or amended accordingly. 
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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.