TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SENATE 
S. B. No.
25 JUL-3 P3 39
\Vi
Introduced by Senator Rodante D. Marcoleta
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES
EXPLANATORY NOTE
Over the decades, the Philippines has clearly shown rapid increase in population 
growth and urbanisation. As of June 2025, there are 116,778,005 Filipinos based on the 
United Nations latest data.1 This huge number translates to far reaching challenges over 
the years that include: waste generation and energy demand, among others.
According to the World Bank's 2018 study, the global annual waste generation is 
projected to jump to 3.4 billion tonnes by 2050. Carbon dioxide-equivalent emissions from 
solid waste treatment and disposal, primarily driven by open dumps and landfills without 
gas collection systems, reached 1.6 billion tonnes in 2016, and is anticipated to increase 
to 2.6 billion tonnes by 2050.2 Waste problem is indeed not limited to the country but 
globally instead. Thus, a lot of countries have taken proactive measures and innovations 
to address this alarming issue.
Despite the enactment of Republic Act No. 9003 or the the Ecological Solid Waste 
Management Act (ESWMA) in 20013, the government has not fully implemented nor
1 https://www.worldometers.info/world-population/philippines-population/
2 "What a Waste 2.0: A Global Snapshot of Solid Waste Management to 2050"
3 From Waste to Renewable Energy; A Policy Review on Waste-to-Energy in the Philippines


realized the policies envisioned by the ESWMA due to failure in addressing the growing 
generation of waste and the insufficient infrastructure available for its disposal. Pursuant 
to ESWMA, only sanitary landfills are authorized as final disposal facilities, thereby 
prohibiting the operation of open dumpsites. As of 2023, records indicate that 279 
sanitary landfills were operational, with a total capacity of approximately 66.87 million 
cubic meters.4 But according to projections from the National Solid Waste Management 
Commission, the Philippines is expected to generate over 20 million cubic meters of solid 
waste annually until at least 2025. In light of these projections, the current and planned 
landfill infrastructure appears insufficient to accommodate the volume of waste 
generated. Thus, the implementation of waste-to-energy technologies is seen as an 
optimal solution not only to the growing waste problem but also for the country's energy 
problem.
Waste-to-Energy (WTE) innovations have been utilized by several countries with 
successful outcomes like in the case of Sweden and Singapore. In the case of the 
Philippines, while Republic Act No. 8749 or the Philippine Clean Air Act of 1999 expressly 
banned incineration that "emits toxic or poisonous fumes". Republic Act No. 9003 or the 
Ecological Solid Waste Management Act of 2000 made space for research on improved 
methods for collecting and disposing solid waste, including recovery of "energy from solid 
waste". Thereafter, Congress enacted laws such as Republic No. 9275 or the Clean Water 
Act, as well as Republic Act No. 9367 or Biofuels Act of 2006, which placed heavy 
emphasis on pollution control and sustainable technologies, eventually culminating to the 
enactment of the Republic Act No. 9513 or the Renewable Energy Act of 2008 (RE Law) 
which explicitly encouraged the adoption of WTE technologies. Subsequent laws such as 
Republic Act No. 9729 or the Climate Change Act of 2009, Republic Act No. 11285 or the 
Energy Efficiency and Conservation Act, as well as Republic Act No. 11898 or the 
Extended Producer Responsibility Act of 2022, further highlighted the Government's 
continuing commitment towards climate change mitigation and ecological conservation- 
the very same principles that WTE technologies aim to advance.
4 From Waste to Renewable Energy: A Policy Review on Waste-to-Energy in the Philippines


To help realize the goals of these measures, the DOE issued Department Circular 
No. DC2022-02-0002 on 17 February 2022, which created a policy program for the 
enhancement of Biomass WTE development.5 DOE also released Department Circular No. 
2024-06-0018, which detailed the requirements needed to establish a Biomass Energy or 
WTE operating plants. Other regulations such as the Department of Environment and 
Natural Resources Administrative Order No. 2019-21 and the Environmental Management 
Bureau (EMB) Memorandum Circular No. 2020-23 govern specific aspects of 
Biomass/WTE plants such as the implementation of strict standards on the plants' effluent 
and wastes.
Over the country, there are thirteen (13) WTE plants, as of 2023, ranging from 
100 kW to 12 MW in capacity currently registered with the DOE, six (6) of which are 
currently in operational status, with more additions planned in the coming years. 
However, despite being supported by both the national government and local government 
units, and even with the enactment of laws to expedite energy projects such as Republic 
Act No. 11234 or the Energy Virtual One-Stop Shop Act, initiatives for WTE facilities have 
often been stalled due to legal and regulatory barriers.
The current measure seeks to fully authorize the use of WTE technologies, in line 
with the RE Law, provided that they meet the standards of environmental safety and 
operational efficiency. This bill reflects the provisions in the Committee Report made by 
the Committee on Energy of the 19th Congress and further aims to continue the same.
In the light of the foregoing, the passage of this bill is earnestly sought.
RODANtE D. MARCOLETA
Id


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
64
25 JUL-3 P3 39
R!;cl
S. B. No.
Introduced by Senator Rodante D. Marcoleta
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
1 
Section 1. Short Title. - This Act shall be referred to as the "Waste-to-EnergyAct."
2 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
3 
a. ensure protection of the public's health and the environment through a systematic
4 
and comprehensive ecological solid waste management program;
5 
b. strengthen its commitment to solid waste avoidance and volume reduction by
6 
supplementing the latter with other solid waste management treatment
7 
technologies to include waste-to-energy;
8 
c. encourage the development and utilization of environmentally sustainable new and
9 
alternative technologies in resource recovery, resource conservation, processing,
10 
treatment, and disposal of solid waste, such as waste-to-energy facilities;
11 
d. support the utilization of waste-to-energy facilities in order to attain sustainable
12 
energy and energy security;
13 
e. strengthen the integration of solid waste management, waste-to-energy
14 
promotion, and environmental protection towards healthful cities amidst economic
15 
growth and development; and.


1 
f. promote collaboration, cooperation, and participation of various sectors in
2 
coordinated approaches to solid waste management and waste treatment
3 
technology towards national development and jobs creation.
4 
Sec. 3. Scope and Application. -This Act shall apply to all local government units
5 
(LGUs) and waste-to-energy (WTE) facilities.
6 
Sec. 4. Definition of Terms. - For purposes of this Act, the following terms shall be
7 
defined as:
8 
a. Agricultural waste refers to waste generated from planting or harvesting of crops,
9 
trimming or pruning of plants, and wastes or run-off materials from farms or fields;
facilities that may pose a variety of environmental and health risks. It can be 
further classified into sharps waste, infectious waste, pathological and anatomical 
waste, pharmaceutical waste, genotoxic waste, chemical waste, radioactive waste, 
and pressurized containers as defined by the Department of Health (DOH);
City or Municipal Solid Waste Management Board refers to the entity established 
by each city or municipality pursuant to Section 12 of Republic Act No. 9003, 
otherwise known as the Ecological Solid Waste Management Act of 2000, as 
amended;
Chemical and industrial waste refers to discarded solid, liquid, or gaseous 
chemicals from laboratories, industrial establishments, or other sources such as 
diagnostic and experimental work, environmental work, cleaning, housekeeping, 
and disinfecting procedures;
Clustering's a strategy of pooling available resources of LGUs for the establishment 
of a common solid waste management treatment facility or service;
Collection refers to the act of removing solid waste from the source or from a 
communal storage point;
Disposal refers to the deposit, or placing of any solid waste into an approved 
disposal site pursuant to Republic Act No. 9003, as amended;
Disposal site refers to a facility where solid waste is finally deposited and placed 
pursuant to Republic Act No. 9003, as amended;
10
b.
11
12
13
14
15
c.
16
17
18
19
d.
20
21
22
23
e.
24
25
f.
26
27
g-
28
29
h.
30


1 
i. Emission means any air contaminant, pollutant, gas stream, or unwanted sound
2 
from a known source which is passed into the atmosphere;
3 
j. Hazardous waste refers to substances that are without any safe commercial,
4 
industrial, agricultural, or economic usage. It also includes those which are
5 
shipped, transported, or brought from the country of origin for dumping or disposal
6 
into or in transit through any part of the Philippines. It shall also refer to by-
7 
products, side-products, process residues, spent reaction media, contaminated
8 
plant or equipment, or other substances from manufacturing operations and as a
9 
customer discard of manufactured products, or a combination of solid waste which,
10 
because of its quantity, concentration, physical, chemical, or infectious
11 
characteristics, may:
12 
i. Cause or significantly contribute to an increase in mortality or an increase
13 
in a serious irreversible or incapacitating reversible illness; or
14 
ii. Pose a substantial present or potential hazard to human health or the
15 
environment when improperly treated, stored, transported, or disposed of,
16 
or otherwise managed;
17 
k. Incineration in a WJE facility refers to a waste treatment and resource recovery
18 
technology that involves the controlled combustion of waste materials for the
19 
purpose of recovering energy from it, and whose emissions and effluents are
20 
compliant with the guidelines pursuant to this Act and other relevant laws, rules,
21 
and regulations;
22 
I. Local Government Solid Waste Management Plan refers to the ten (lO)year solid
23 
waste management plan, consistent with the National Solid Waste Management
24 
Framework, prepared by the LGUs pursuant to Section 16 of Republic Act No.
25 
9003, as amended;
26 
m. Municipal waste refers to waste produced from activities within LGUs which include
27 
a combination of domestic, commercial, institutional, and industrial wastes and
28 
street litters pursuant to Republic Act No. 9003, as amended;
29 
n. National Solid Waste Management Commission (NSWMC) refers to the body
30 
created and primarily tasked with overseeing the implementation of solid waste


1 
management plans and prescribing policies to achieve the objectives of Republic
2 
Act No. 9003, as amended;
3 
0. National Solid Waste Management Framework refers to a document prepared by
4 
the NSWMC based on the National Solid Waste Management Status Report
5 
pursuant to Section 15 of Republic Act No. 9003, as amended;
6 
p. Nationai Soiid Waste Management Status Report refers to a document prepared
7 
by the Department of Environment and Natural Resources (DENR), which is used
8 
as a basis in formulating the National Solid Waste Management Framework
9 
pursuant to Section 14 of Republic Act No. 9003, as amended;
10 
q. Poisonous and toxic fumes means any emissions and fumes which are beyond
11 
internationally accepted standards, including but not limited to the World Health
12 
Organization air quality guidelines, as provided in Republic Act No. 8749, otherwise
13 
known as the Philippine Clean Air Act of 1999;
14 
r. Processing fee refers to the amount paid to avail of the services of a waste-to-
15 
energy facility as defined herein;
16 
s. Provincial Solid Waste Management Board refers to the entity established by each
17 
province pursuant to Section 11 of Republic Act No. 9003, as amended;
18 
t. Residue refers to substances that remain after a process in a waste-to-energy
19 
facility such as preparation, separation, purification, evaporation, combustion,
20 
distillation, or filtration;
21 
u. Resource recovery refers to the collection, extraction, or recovery of recyclable
22 
materials from the waste stream for the purpose of recycling, generating energy,
23 
or producing a product suitable for beneficial use;
24 
V. Sanitary landfill refers to a waste disposal site designed, constructed, operated,
25 
and maintained in a manner that exerts engineering control over significant
26 
potential environment impacts arising from the development and operation of the
27 
facility pursuant to Republic Act No. 9003, as amended;
28 
w. Segregation refers to a solid waste management practice of separating different
29 
materials found in solid waste in order to promote recycling and re-use of


1 
resources, facilitate waste treatment processes, and to reduce the volume of waste
2 
for collection and disposal pursuant to Republic Act No. 9003, as amended;
3 
X. Solid waste refers to all discarded household waste, commercial waste,non-
4 
hazardous institutional and industrial waste, street sweepings, construction debris,
5 
agricultural waste, and other non-hazardous or non-toxic solid waste. It shall not
6 
include:
7 
i. Waste identified or listed as hazardous waste of a solid, liquid, contained
8 
gaseous, or semisolid form, which may cause or contribute to an increase
9 
in mortality or in serious or incapacitating reversible illness, or acute or
10 
chronic effect on the health of persons and other organisms;
11 
ii. Infectious waste from hospitals such as equipment, instruments, utensils,
12 
and fomites of a disposable nature from patients who are suspected to have
13 
or have been diagnosed as having communicable diseases and must
14 
therefore be isolated as required by public health agencies, laboratory
15 
wastes as pathological specimens, and disposable fomites that may harbor
16 
or transmit pathogenic organisms, and surgical operating room pathologic
17 
materials from outpatient areas and emergency rooms; and,
18 
iii. Waste resulting from mining activities, including contaminated soil and
19 
debris;
20 
y. Solid waste management treatment facility refers to any resource recovery system
21 
or component thereof; any system, program or facility for resource conservation;
22 
or any facility for the collection, source separation, storage transportation,
23 
transfer, processing, treatment, or disposal of solid waste;
24 
z. Solid waste management refers to the discipline associated with the control of
25 
generation, storage, collection, transfer and transport, processing, and disposal of
26 
solid wastes in a manner that is in accord with the best principal of public health,
27 
economics, engineering, conservation, aesthetics, and other environmental
28 
considerations, and that is also responsive to the public attitudes;


1 
aa. Waste refers to any material misplaced, unused or rejected by persons as
2 
worthless or unwanted. It includes, among others, agricultural, biomedical,
3 
chemical and industrial, hazardous, municipal, and solid wastes;
4 
bb. Waste-to-Energy (WTE) refers to an energy system with a process of converting
5 
WTE feedstock with various technologies, usually the conversion of non-recyclable
6 
waste materials into usable heat, electricity, or fuel through a variety of processes;
7 
cc. WTE facility refers \o the facility where the WTE operations are conducted;
8 
dd. WTE feedstock refers to the waste materials with calorific-value that are taken in
9 
for WTE processing in a WTE facility;
10 
ee. Waste generation refers to the act or process of producing solid waste; and;
11 
ff. WTE strategy refers to a plan of action with measurable targets for the utilization
12 
of WTE facilities for solid waste management treatment and energy production.
13 
Sec. 5. WTE and WTE Facility. - WTE shall be classified as another kind of
14 
renewable energy resource. A WTE facility shall:
15 
a. Be both a solid waste management treatment facility and an energy production
16 
facility;
17 
b. Comply with establishment and operation guidelines for WTE facilities pursuant to
18 
Sections 6(c), 8(c), and 9(b) of this Act;
19 
c. Ensure the proper management of its residue which should conform to relevant
20 
laws, rules, and regulations and should include making arrangements with a
21 
sanitary landfill, or developing its own, prior to Its operations, as a disposal site
22 
for any residue generated from its operations in accordance with NSWMC, DENR,
23 
and DOH guidelines issued pursuant to this Act; and,
24 
d. Comply with relevant laws, rules, and regulations including but not limited to
25 
Presidential Decree No. 1586 Establishing an Environmental Impact Statement
26 
System, Republic Act No. 6969 otherwise known as the Toxic Substances and
27 
Hazardous and Nuclear Waste Act, Republic Act No. 7638 otherwise known as the
28 
Department of Energy Act of 1992 as amended. Republic Act No. 8749, Republic
29 
Act No. 9003, as amended. Republic Act No. 9136 otherwise known as the Electric
30 
Power Industry Reform Act of 2001, Republic Act No. 9275 otherwise known as


1 
the Philippine Clean Water Act of 2004, Republic Act No. 9367 otherwise known
2 
as the Biofuels Act of 2006, Republic Act No. 9513 otherwise known as the
3 
Renewable Energy Act of 2008, Republic Act No. 11223 otherwise known as the
4 
Universal Health Care Act, and WHO Guidelines on Air Quality.
5 
All waste treatment technologies in a WTE facility shall be allowed including
6 
incineration: Provided, that these technologies shall not emit toxic and poisonous fumes
7 
into the environment, operate in compliance with best available techniques and/or best
8 
existing practice for preventing and controlling pollution from waste treatment, and shall
9 
comply with all the laws mentioned hereof and other relevant laws, rules, and regulations.
10 
In addition to the provisions of this Act, the segregation, collection, transfer,
11 
storage, and transport of solid waste as WTE feedstock for a WTE facility, and the waste
12 
treatment process of the WTE facility shall be governed by Republic Act No. 9003, as
13 
amended, and Republic Act No. 8749, while the energy production aspect of the WTE
14 
facility shall be governed by Republic Act No. 7638, Republic Act No. 9136, Republic Act
15 
No. 9367, Republic Act No. 9513, and other relevant laws, rules, and regulations.
16 
Sec. 6. NSWMC. - The Secretary of Energy shall serve in ex-officio capacity as
17 
member of the NSWMC, which shall now have fifteen (15) members, comprising of nine
18 
(9) members from the government sector and six (6) members from the private sector.
19 
In addition to its powers and functions under Republic Act No. 9003, as amended, the
20 
NSWMC shall:
21 
a. Include a WTE strategy in the National Solid Waste Management Framework;
22 
b. Act as the lead agency in ensuring streamlined standards, criteria, and guidelines
23 
for WTE facilities to avoid inconsistent and conflicting issuances;
24 
c. Regularly determine, review, and publish the following:
25 
i. Standards, criteria, and guidelines for:
26 
1. Determination of the feasibility of integrating a WTE strategy in the
27 
Local Government Solid Waste Management Plan, taking into
28 
account the volume of WTE feedstock that may be generated from
29 
municipal waste in an LGU or clusters thereof;


1 
2. Characterization and composition of solid waste utilized as WTE
2 
feedstock for WTE facilities to ensure emissions are compliant with
3 
Republic Act No. 8749 and other relevant laws, rules, and
4 
regulations;
5 
3. Transport, storage, and pre-processing of WTE feedstock;
6 
4. Pre-operation, siting, design, operation, and maintenance of WTE
7 
facilities;
8 
5. Quality control and operational control of WTE facilities;
9 
6. Management of residue from WTE facilities, if any;
10 
7. Pollution abatement, emissions monitoring,environmental
11 
monitoring, and public health and safety monitoring in relation to
12 
WTE facilities;
13 
8. Decommissioning, closure, and abandonment of WTE facilities; and;
14 
9. Other guidelines pursuant to relevant laws, rules, and regulations,
15 
and,
16 
ii. Minimum standards, criteria, and guidelines, in determining a fair,
17 
equitable, and reasonable processing fee for WTE facilities taking into
18 
consideration, among others, the cost of construction, operation, and
19 
maintenance of the facility as well as the potential revenue from the sale of
20 
energy output, in consultation with relevant government agencies, experts,
21 
and stakeholders;
22 
d. Consolidate and make available to the public, through its website and any online
23 
means, the following:
24 
i. Current and potential uses of WTE facilities in relation to solid waste
25 
management;
26 
ii. 
Inventory of existing WTE facilities;
27 
iii. 
General feedstock characterization;
28 
iv. Status and projection of feedstock generation;
29 
V. 
Specific locations of potential feedstock and WTE facilities; and,
30 
vi. 
Other relevant Information
8


1 
e. Provide policy guidelines to assist LGUs in the development of WTE facilities to
2 
Include the determination of the potential of WTE facilities In their respective
3 
localities;
4 
f. Ensure LGUs Incorporate a WTE strategy, if feasible, in their respective Local
5 
Government Solid Waste Management Plans;
6 
g. Identify and recommend potential clustering of LGUs for a common WTE facility
7 
In accordance with the standards to be set forth in the Implementing Rules and
8 
Regulations;
9 
h. Coordinate with the Provincial, City, and Municipal Solid Waste Management
10 
Boards especially for clustered LGUs employing a common WTE facility; and,
11 
i. Perform all other acts that are analogous to the foregoing, which are necessary
12 
and incidental to accomplish the policy objectives of this Act.
13 
Sec. 7. Role of the Department of Energy (DOE). - In addition to its powers and
14 
functions under Republic Act No. 7638, the DOE shall:
15 
a. Issue permits to WTE facilities based on the energy output, and determine the
16 
standards, criteria, and requirements applicable for each kind of WTE facility
17 
pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic Act No. 9367,
18 
Republic Act No. 9513, and other relevant laws, rules, and regulations;
19 
b. Include a WTE strategy in the Philippine Energy Plan, taking into consideration the
20 
National Solid Waste Management Framework;
21 
c. Regularly submit to the NSWMC and make available to the public, especially to
22 
potential WTE investors, national and local information on the following:
23 
i. Current and potential uses of WTE facilities in relation to solid waste
24 
management;
25 
ii. Inventory of existing WTE facilities; and,
26 
iii. Other relevant information; and;
27 
d. Perform all other acts that are analogous to ttie foregoing, which are necessary
28 
and incidental to accomplish the policy objectives of this Act.
29 
Sec. 8. Role of the DENR. - In addition to its powers and functions under Republic
30 
Act No. 9003, as amended, and Republic Act No. 8749, the DENR shall:


1 
a. Include a WTE strategy. If feasible, in the National Solid Waste Management Status
2 
Report;
3 
b. Provide technical and other capacity building assistance and support to LGUs based
4 
on the policy guidelines created by the NSWMC pursuant to Section 6(e) of this
5 
Act;
6 
c. Implement and revise, when necessary, together with the DOH, existing guidelines
7 
issued pursuant to Republic Act No. 9003, as amended, on waste transport, pre-
8 
operation, waste acceptance, waste storage, pre-processing of waste, quality
9 
control, operational control, pollution abatement, management of residue,
10 
emissions monitoring, environmental monitoring, public health and safety
11 
monitoring, decommissioning, closure, and abandonment, among others, taking
12 
into account the NSWMC's standards, criteria, and guidelines underSection 6(c) of
13 
this Act and other relevant laws, rules, and regulations, and in consultation with
14 
relevant stakeholders;
15 
d. Ensure compliance with Section 8(c) of this Act to Include continuous monitoring
16 
and testing of by-products of WTE facilities;
17 
e. Make available to the public, through its website and any online means, the
18 
emissions, effluents and other by-products of WTE facilities;
19 
f. Investigate, motu proprio or upon complaint, reports of non-compliance of WTE
20 
facilities with the provisions of this Act and other relevant laws, rules, and
21 
regulations;
22 
g. Exercise visitorial and enforcement powers to ensure strict compliance of WTE
23 
facilities with this Act, Republic Act No. 9003, as amended. Republic Act No. 8749,
24 
and other relevant laws, rules, and regulations;
25 
h. Recommend to the NSWMC policies to address challenges of WTE facilities from a
26 
solid waste management perspective; and,
27 
i. Perform all other acts that are analogous to the foregoing, which are necessary
28 
and incidental to accomplish the policy objectives of this Act.
29 
Sec. 9. Role oftiie Department of Health. - In addition to its existing powers and
30 
functions, the DOH shall:
10


1 
a. Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to
2 
Republic Act No. 11223 and Presidential Decree No. 1586, as part of the
3 
Environmental Impact Assessment System, to be jointly reviewed and
4 
approved by the DOH and DENR prior to construction and operation;
5 
b. Implement and revise, when necessary, together with DENR, existing
6 
guidelines issued pursuant to Republic Act No. 9003, as amended, on waste
7 
transport, pre - operation, waste acceptance, waste storage, pre-processing
8 
of waste, quality control, operational control, pollution abatement,
9 
management of residue, emissions monitoring, environmental monitoring,
10 
public health and safety monitoring, decommissioning, closure, and
11 
abandonment, among others, taking into account the NSWMCs standards,
12 
criteria, and guidelines under Section 6(c) of this Act and other relevant
13 
laws, rules, and regulations, and in consultation with relevant stakeholders;
14 
c. Regularly conduct an analysis of the effects of WTE facilities and disposal
15 
sites on public health and submit the same to the NSWMC for consolidation,
16 
and DENR for proper action, if applicable;
17 
d. Undertake research on the public health impact of WTE facilities together
18 
with government agencies, the academe, and private stakeholders;
19 
e. Make available to the public, through its website and any online means,
20 
studies and analyses of the effects of WTE facilities and disposal sites on
21 
public health; and. Perform all other acts that are analogous to the
22 
foregoing, which are necessary and incidental to accomplish the policy
23 
objectives of this Act.
24 
Sec. 10. Role of Local Government Units. - In addition to their powers, functions,
25 
and responsibilities under Republic Act No. 7160 otherwise known as the Local
26 
Government Code of 1991, and Republic Act No. 9003, as amended, LGUs shall:
27 
a. In the case of a city or municipality and if applicable, be responsible for the hauling
28 
of WTE feedstock to a WTE facility;
29 
b. In the case of a province and if applicable, provide necessary logistical and
30 
operational support for the processing of WTE feedstock in a WTE facility;
11


1 
c. Include a WTE strategy, if feasible, in their respective Local Government Solid
2 
Waste Management Plans;
3 
d. Comply with the standards, criteria, and guidelines on WTE feedstock and WTE
4 
facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if applicable; and
5 
e. Be authorized to enter into and shall comply with all obligations under the
6 
following:
7 
i. Clustering arrangements with other LGUs for a common WTE facility, on
8 
their own or upon recommendation of the Provincial Solid Waste
9 
Management Board or the NSWMC: Provided, That the province shall have
10 
the power to cluster component cities and municipalities based on the
11 
NSWMC approved provincial and local solid waste management plans and
12 
the recommendation of the NSWMC pursuant to Section 6(g) of this Act;
13 
ii. Long term contracts with WTE facilities, on their own or with clustered
14 
LGUs; and,
15 
iii. Public private partnerships pursuant to Republic Act No. 6957 otherwise
16 
known as An Act Authorizing the Financing, Construction, Operation and
17 
Maintenance of Infrastructure Projects by the Private Sector, and For Other
18 
Purposes as amended, cooperative undertakings under Section 33 of
19 
Republic Act No. 7160, and other contractual arrangements provided for
20 
under existing laws, rules, regulations as well as the LGUs' respective
21 
charters for the establishment of WTE facilities: Provided, That WTE
22 
projects submitted to the Investment Coordinating Committee pursuant to
23 
Republic Act No. 6957, as amended, shall be acted upon within thirty (30)
24 
working days from submission: Provided further. That failure to act within
25 
the prescribed time frame shall deem such projects approved.
26 
The national government shall provide support to all LGUs towards the effective
27 
implementation and the achievement of the policy objectives of this Act; Provided that
28 
the provision of support by the national government shall be compliant with the provisions
29 
of all relevant laws, rules and regulations.
12


1 
Sec. 11. Role of the Provincial Solid Waste Management Board.- In addition to its
2 
powers and functions under Republic Act No. 9003, as amended, the Provincial Solid
3 
Waste Management Board shall:
4 
a. Integrate a WTE strategy, if feasible, in the Provincial Solid Waste Management
5 
Plan taking into consideration the Local Government Solid Waste Management
6 
Plans of all its component cities and municipalities;
7 
b. Recommend potential locations for WTE facilities in the Provincial Solid Waste
8 
Management Plan;
9 
c. Identify and recommend, or direct pursuant to Section 10 of this Act, clustering of
10 
component cities and municipalities for a common WTE facility, based on the Local
11 
Government Solid Waste Management 
Plans of all its component cities and
12 
municipalities;
13 
d. Provide the necessary logistical and operational support to component cities and
14 
municipalities who have the potential to be clustered, have decided to be clustered,
15 
or have been directed to be 
clustered pursuant to Section 10 of this 
Act, for a
16 
common WTE facility;
17 
e. Coordinate the efforts and oversee the implementation of the clustering of
18 
component cities and municipalities for a common WTE facility; and,
19 
f. Coordinate with other Provincial, City, and Municipal Solid Waste Management
20 
Boards In identifying possible Inter- and intra- province clustering for a common
21 
WTE facility.
22 
Sec. 12. Role of the City or Municipal Solid Waste Management Board. - In addition
23 
to Its powers and functions under Republic Act No. 9003, as amended, the City or
24 
Municipal Solid Waste Management Board shall integrate a WTE strategy, if feasible, in
25 
its Local Government Solid Waste Management Plan, and shall submit a copy thereof to
26 
the Provincial Solid Waste Management Board.
27 
Sec. 13. Role of the Public-Private Partnership Center. - The Public-Private
28 
Partnership Center shall provide support to all LGUs towards the effective implementation
29 
and the achievement of the policy objectives of this Act in accordance with its mandate
30 
under existing laws, issuances, rules, and regulations.
13


1 
Sec. 14. Permits and Licenses. - The procedure for the issuance of permits and
2 
licenses for all kinds of WTE fecilities shall be governed by Republic Act No. 11234,
3 
otherwise known as the Energy Virtual One-Stop Shop Act.
4 
Sec. 15. Prohibited Acts. - The following acts are prohibited:
5 
a. For LCDs:
6 
i. Failure to include, if feasible, and implement, if applicable, the WTE strategy
7 
in their respective Local Government Solid Waste Management Plans; and,
8 
ii. Failure to perform the responsibilities in Section 10 on the Role of LGUs,
9 
Section 11 on the Role of the Provincial Solid Waste Management Board,
10 
and Section 12 on the Role of the City or Municipal Solid Waste Management
11 
Board;
12 
b. For government agencies, failure to perform the powers and functions indicated
13 
under Section 6 on the National Solid Waste Management Commission, Section 7
14 
on the Role of the DOE, Section 8 on the Role of the DENR, and Section 9 on the
15 
Role of the DOH; and,
16 
c. For WTE facilities;
17 
i. Failure to comply with the responsibilities in Section 5 on WTE and WTE
18 
Facility, and,
19 
ii. Use of imported municipal solid waste as WTE feedstock for a WTE facility.
20 
Sec. 16. Penalties. - Without prejudice to civil and criminal liability, the following
21 
persons found to have violated the Sections mentioned below shall be meted with the
22 
following penalties:
23 
a. Officials of LGUs who violate Section 15(a):
24 
i. 
First offense: six (6) months suspension;
25 
ii. 
Second offense: Dismissal from service, perpetual disqualification from
26 
holding public office, and forfeiture of retirement benefits.
27 
b. Officials of government agencies who violate Section 15(b) shall suffer dismissal
28 
from service, perpetual disqualification from holding public office, forfeiture of
29 
retirement benefits, and imprisonment for one (1) to six (6) years with a fine of
14


1 
not less than Five hundred thousand pesos (Php500,000.00) but not more than
2 
Two million pesos (Php2,000,000.00);
3 
c. Any person who violates Section 14(c)(i):
4 
i. First offense: Fine of One million pesos (Phpl,000,000.00) and an amount
5 
not less than ten percent (10%) but not more than fifteen percent (15%)
6 
of the net annual income during the previous year;
7 
ii. Second offense: The same penalties as with the first offense including an
8 
additional penalty of imprisonment of a minimum period of one (1) year but
9 
not to exceed three (3) years;
10 
iii. Third offense: The same penalties as with the second offense and
11 
permanent revocation of the license of the WTE facility;
12 
d. Any person who violates Section 14(c)(il) shall pay a fine of One million pesos
13 
(Phpl,000,000.00) and an amount not less than ten percent (10%) but not more
14 
than fifteen percent (15%) of the net annual income during the previous year, and
15 
shall suffer imprisonment of a minimum period of one (1) year but not to exceed
16 
three (3) years and permanent revocation of the license of the WTE facility. The
17 
same person shall repatriate the imported municipal solid waste to its country of
18 
origin.
19 
For Section 14, if the violation is committed by a corporation, partnership,
20 
or other juridical entity duly recognized in accordance with the law, the chief
21 
executive officer, president, general manager, managing partner, or such other
22 
officer-in-charge shall be liable for the commission of the offense penalized under
23 
this Act.
24 
Sec. 17. Incentives. - WTE facilities, depending on their output, shall be entitled
25 
to avail of the incentives under Republic Act No. 9367, otherwise known as the Biofuels
26 
Act of 2006, and Republic Act No. 9513, otherwise known as the Renewable Energy Act
27 
of 2008.
28 
Sec. 18. Establishment of Dedicated Offices. -The DOE, DENR, DOH and NSWMC
29 
shall establish dedicated offices for the effective implementation of this Act. The
30 
organizational structure and staffing complement shall be determined by the Secretaries
15


1 
of DENR, DOE, and DOH, In consultation with the Department of Budget and
2 
Management, and in accordance with existing civil service rules and regulations.
3 
The budgetary requirements necessary for the establishment of the dedicated
4 
offices shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC.
5 
Thereafter, the funding for the dedicated offices shall be included in the annual General
6 
Appropriations Act.
7 
Sec. 19. Appropriations. -The amount of Fifteen million pesos (PhplS,000,000.00)
8 
for DOE, Three hundred million pesos (Php300,000,000.00) for DENR, Forty five million
9 
pesos (Php45,000,000.00) for DOH, and Twenty seven million (Php27,000,000.00) for
10 
NSWMC for the initial implementation of this Act shall be charged against the current
11 
year's appropriations of the DOE, DENR, DOH, and NSWMC respectively. Thereafter, such
12 
amounts necessary for the sustainable implementation of this Act shall be included In the
13 
Annual General Appropriations Act.
14 
Sec. 20. Congressional Oversight - The Joint Congressional Energy Commission
15 
(JCEC), created under Republic Act No. 9136 and renamed under Republic Act No. 11285,
16 
shall exercise oversight powers over the implementation of this Act. The Chairpersons of
17 
the Committee on Environment and Natural Resources of the Senate and the House of
18 
Representatives shall be automatic members.
19 
Sec. 21. Implementing Rules and Regulations. - Within sixty (60) days from the
20 
effectivity of this Act, DOE shall, in coordination with DENR, and in consultation with
21 
DOH, NSWMC, Department of Interior and Local Government, and relevant public and
22 
private stakeholders, promulgate the rules and regulations to effectively implement the
23 
provisions of this Act.
24 
Sec. 22. Separability Clause. - If any provision or part of this Act is declared invalid
25 
or unconstitutional, the remaining parts not affected shall remain in full force and effect.
26 
Sec. 23. Repealing Clause. - All laws, presidential decrees, executive orders, letters
27 
of instructions, administrative orders, proclamations or administrative regulations that are
28 
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
29 
accordingly.
16


1 
Sec. 24. Effectivity. - This Act shall take effect fifteen (15) days following its
2 
complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,
17