Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No.8088

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Metro Manila is annually drenched with some 20,000 millimeters rainwater. A
significant part of the National Capital Region (NCR) and other major cities are
unable to absorb the rainwater they receive. Instead of undergoing the earth's
natural process of recycling rainwater through its aquifers, the rainwater proceeds to
the sewers - polluting the surrounding bodies of water and flooding roads. It is
lamentable that despite the incessant flooding of major thoroughfares resulting in
heavy traffic, the State has failed to come up with measures to address the situation.

The bill hereby requires the installation of rainwater retention facilities in all new
commercial, institutional, and residential infrastructure projects in Metro Manila and
other major cities with the primary goal of preserving, restoring, or mimicking the
natural hydrology of the soil. These rainwater retention facilities shall capture the
rainwater, purify the same, and store it for non-potable uses thereby effectively
reducing the amount of rainwater that submerges Metro Manila roads during the
rainy season, as well as feed the demand for water in the cities.

Places like Cebu, Baguio, and Nueva Ecija have already adapted measures to utilize
rainwater for non-potable uses. Internationally, the state of California passed its own
Rainwater Capture Act back in 2012 to address the widespread drought that its
residents suffer during the dry season. In Australia, most buildings use captured
rainwater for fountains, and in flush toilets.

Rainwater is a free, abundant, and regular natural resource that the Philippines is
fortunate to receive year in and out. It is high time that we make of it for the general
advantage of our people. In consideration of the foregoing premises, the swift
passage of this bill is sought.

LUIS RAY/ ID Y” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES:
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No, 8088

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
REQUIRING NEW COMMERCIAL, INSTITUTIONAL, AND RESIDENTIAL
INFRASTRUCTURE PROJECTS IN METRO MANILA AND MAJOR CITIES IN
THE PHILIPPINES TO INSTALL RAINWATER RETENTION FACILITIES, AND.
IMPOSING PENAL PROVISIONS IN CASE OF VIOLATIONS

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

SECTION 1. Short Title. — This Act shall be known as the “Rainwater Harvesting
Facility Act.”

SECTION. 2. Declaration of Policy. - It is the declared policy of the State to
promote the health and welfare of its citizens, and exercise sufficient powers to
preserve the natural ecology within its territory.

The State recognizes the urgent need to address the adverse effects of dramatic
climate change, including typhoons of unprecedented strength, speed, and
consequent damage. Flooding has become a regular occurrence in the busy roads
of Metro Manila

SECTION. 3. Definition of Terms. — As used in this Act, the following terms shall be
defined as:

a) Department refers to the Department of Public Works and Highways (DPWH);

b) Green infrastructure means any storm water management technique or
practice employed with the primary goal of preserving, restoring, or mimicking
natural hydrology;


c) Rainwater means precipitation on any public or private parcel that has not
entered an offsite storm drain system or channel, a flood control channel, or
any other stream channel, and has not previously been put to beneficial use;

d)

Rainwater harvesting facility refers to a flood control structure such as a
vertical detention tank, horizontal water tank, open retarding basin, and multi-
use water catchment area, or an on-site regulation pond used to capture,
retain, and store rainwater flowing off a building, parking lot, or any other
manmade, impervious surface consequently preventing or delaying the
release of rainwater into the public drainage system; and

e) Retum period refers to the average length of time in years for a rain-related
natural disaster of given magnitude be equaled or exceeded by the length of
time that a rainwater-related disaster may probably recur.

SECTION. 4. Rainwater Harvesting Facility Requirement. — An owner or
developer of a new commercial, institutional and residential development project in
Metro Manila and other major cities, with an area of at least one thousand five
hundred (1,500) square meters and requiring the issuance of building permit shall
reserve, develop, and maintain at least three (3%) of the total area, exclusive roads,
service streets and alleys, as a rainwater harvesting facility.

The owner or developer of an on-going commercial, institutional, and residential
development project in Metro Manila and other major cities that has no existing
provision for a rainwater facility shall build the facility within a period of three (3)

years from the effectivity of this Act, or suffer the penalty imposed in Section 8
hereof.

To conserve potable water, rainwater collected by a harvesting facility may be used
for non-potable and suitable purposes, such as gardening and air-cooling processes.

Itis the intent of the Legislature that the use of rainwater for non-potable uses should
not be constrained by standards for drinking water or recycled water but shall fully
comply with water quality requirements.

SECTION. 5. Design Approval. - The provision for a rainwater harvesting facility
shall be required by the Housing and Land Use Regulatory Board (HLURB) and local
government units (LGUs) to be incorporated in the design of all new commercial,
institutional, and residential development projects in Metro Manila and other major
cities, and no project design shall be approved for construction unless it includes
such facility. The HLURB and the LGUs shall ensure that these facilities are built
during the construction phase of the projects.


SECTION. 6. Design Requirements. — The rainwater harvesting facility must be
designed to cope with a pre-determined flood and rain return period and must have a
storage capacity prescribed by the Department of Public Works and Highways
(DPWh). The design of the rainwater harvesting facility include the following:

a) Size, shape and physical characteristics of available space;

b) Construction plans with specified material type including lining and coating
requirements;

Detailed drawing on how the installation will drain into an outfall structure as
a drywell or a percolation chamber, storm drain system, drainage channel, or
natural wash; and

Mechanism to exclude mosquitoes and not permit mosquito production

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SECTION. 7. Building Permits. — If the design of a new commercial, institutional,
and residential project in Metro Manila and other major cities with an area of at least
one thousand five hundred (1,500) square meters does not provide for a rainwater
harvesting facility, the LGU concerned shall deny the request for issuance of a
building permit for such project.

SECTION. 8. Reportorial Requirements. - The DPWH shall require the owner or
developer of all of all new commercials, institutional, and residential development
projects covered under this Act to submit a compliance report within 12 months from
the date of the completion of the project.

The DPWH shall henceforth require the building owners to submit an annual report
of the performance of such rainwater retention facility which may include, but is not
limited to information on the total volume of retained rainwater and its utilization.

SECTION. 9. Penalties. - The owner or developer of all new commercial,
institutional, and residential development projects in Metro Manilla and other major
cities who fails to construct a rainwater harvesting facility in violation of Section 4 of
this Act shall suffer the penalty of a fine of not less than Five hundred thousand
pesos (P 50,000.00), but not more than Two million pesos (2,000,000.00) for every
year of non-compliance.

In the case of a partnership, association, corporation or any juridical person, the fine
shall be imposed upon the president, treasurer, or any officer or person responsible
for the violation.

If the offender is a foreigner, the foreigner shall be deported immediately without
further proceedings after payment of fine.

The head of the government institution who violates Section 4 of this Act, or
government officials, employees, and agents who issue licenses or permits in


violation of Section 8 of this Act, shall suffer the penalty of suspension of not less
than ten (10) days, but not more than one hundred eighty (180) days after due notice
and hearing in an appropriate administrative proceeding.

SECTION. 10. Implementing Rules and Regulations (IRR). - Within sixty (60)
days from the effectivity of this Act, the Secretary shall, in coordination with the
Secretary of the Department of Interior and Local Government (DILG), the Chief
Executive Officer (CEO) of the Housing and Land Use Regulatory Board (HLURB),
and the Administrator of the Philippines Atmospheric, Geophysical and Astronomical
Services Administration (PAGASA), promulgate the rules and regulations for the
effective implementation of this Act. The implementing rules and regulations shall
include the standards and guidelines for the design, construction, installation,
materials, site selection and planning, site-specific considerations, and maintenance
of the rainwater harvesting facility.

SECTION. 11. Separability Clause. — If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall remain
in full force and effect.

SECTION. 12. Repealing Clause. — All other laws, ordinances, rules, regulations,
issuances or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION. 13. Effectivity Clause. — This Act shall take effect fifteen (15) days
following its publication in at least (2) newspapers of general circulation.

Approved,