Republic of the Philippines { PURINE
HOUSE OF REPRESENTATIVES {> 2.6.46 2086
Quezon City, Metro Manila \ MMe: 3 Bg PM
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SIXTEENTH CONGRESS f < 3 j

Second Regular Session

House Bill No,__ 6059

Introduced by HON. CESAR V. SARMIENTO.

EXPLANATORY NOTE

While the population of the Philippines increases day by the day, the
country’s resources remain at a constant, if not lessens. As modernization takes
place in the Philippines, the country's environment slowly falls victim to the wrath
of the negative consequences of economic progress such as carbon emissions,
shortages in energy resources, and congestion.

In reference to the transport system in the Philippines, the congestion of
our roads, high demand for finite fuel resources, vehicle emissions among many
others is slowly dehumanizing the Filipino Commuter. Problems in our
transportation today is alienating the Filipino Commuter since he or she, rather
than spending time with the family, has to spend more time in traffic.

If we are to advance towards the next era of progress, the Philippines
should not disregard the protection of our environment and the preservation of
the humanity of the Filipino Commuter. There is thus a need for the Philippine
transportation system to shift towards a more sustainable transport system which
will address the social, environmental and climate impacts of the way we travel
by making it environmental-friendly, efficient, accessible, safe, affordable,
convenient and less reliant on fossil fuels.

In view of the foregoing, passage of the bill is earnestly sought.

Tome O

CESAR V. SARMIENTO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No,__ 6059

Introduced by HON. CESAR V. SARMIENTO

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

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

SECTION 1. Short Title. -The Act shall be known as the “Sustainable
Transportation Act of 2013.”

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

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

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


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

°)

d

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

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

e)

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

SECTION 3, Definition of Terms. — The following terms shall have their

respective meanings:

a) "Bicycle" refers to a device that a person may ride that is propelled by

b

°)

d)

e)

human power and has two tandem wheels at least one of which is more
than 14 inches in diameter.

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

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

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

“Road Safety Audit” refers to the systematic checking of the safety
aspects of new highway and traffic management schemes, including
modifications to existing layouts. The main aim is to design out safety
problems from the beginning and to reduce future problems. Safety audits
should be included during the design, construction and maintenance
phases of road projects.

“Transit-Oriented Development” (TOD) refers to a mixed-use residential
and commercial area designed to maximize access to public transport,
and often incorporates features to encourage transit ridership. A TOD


neighborhood typically has a center with a transit station or stop (train
station, metro station, tram stop, or bus stop), surrounded by relatively
high-density development with progressively lower-density development
spreading outward from the center.

“Travel demand management” (TDM) means refers to a set of tools to
offer people better travel information and opportunities and help people
choose to reduce their need to travel especially by car.

9)

h

"Walkways" means refers to a paved path for pedestrians alongside
streets.

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

SECTION 4. Sustainable Transport Action Plan. — The Department of
Transportation and Communication (DOTC), in coordination with the National
Economic Development Authority (NEDA) other key stakeholders as may be
deemed necessary, shall come up with a Sustainable Transport Action Plan
which aims to provide a roadmap for national and local transportation system to
be adhered to at all levels throughout the country. The Sustainable Transport
Action Plan shall include strategies relating to the prioritization of non- motorized
transport, seamless and inclusive public transportation system, and green
infrastructure and facilities parking, public transport, cycling, walking and
transport infrastructure, travel demand management and will set out the actions
required to achieve the mode shift target over a certain period of time as
identified by DOTC and NEDA.

SECTION 5. Integrated Land Use and Transportation Plan, - All LGUs
shall submit an integrated land use and transportation plan formulated in
consonance with the Sustainable Transport Action Plan. Said plan shall include
strategies to avoid unnecessary travel such as mixed use developments, transit-
oriented development, among others. Further, the DOTC shall provide technical
assistance to key stakeholders and LGUs in the completion of these land use
and transportation plans.

SECTION 6. Establishment of Emission Control and Standards, Road
Safety and Inspection and Maintenance. The DOTC shall endeavor to achieve
a smoke-free,accident- free and effective road safety management system. In
line with this, the existing motor vehicular standards on smoke emission, fuel
economy and roadworthiness shall form part of the Sustainable Transport Action


Plan as consistent with the objectives of this Act. DOTC, in coordination with
related agencies, shall strictly implement these smoke emission standards and
conduct stronger road apprehension.

The existing road safety program shall be enhanced and strictly enforced,
by adopting a zero-fatality policy, implementing appropriate speed controls and
imposing a regular Road Safety Audit (RSA) to influence safety performance on
an ongoing basis. DOTC along with related agencies shall put premium on
regular maintenance and inspection of all vehicles while the Department of Public
Works and Highways (DPWH) shall identify the roads and highways to be
audited and shall be responsible for the conduct of the RSAs.

SECTION 7. Use of Alternative Energy and Cleaner Fuels. As provided
in the Philippine Standardization Law or Republic Act No. 4109, Philippine Clean
Air Act of 1999 or Republic Act No, 8749 and the Biofuels Act of 2006 or
Republic Act No. 9367, the Department of Energy in coordination with DOTC and
the Department of Environment and Natural Resources (DENR) shall formulate
strategies towards vehicular modernization and use of alternative energy and
cleaner fuels. The DOTC shall take into consideration the availability and viability
of these alternative energy and cleaner fuels.

SECTION 8. Non-Motorized Transportation. The DOTC shall develop
policies and guidelines that shall promote and provide non- motorized
transportation to meet the scientifically calculated public transportation demand
Said policies and guidelines shall include design principles for supporting
facilities and infrastructures that will espouse a seamless transportation system
such as, but not limited to, exclusive pedestrian and bike lanes, safe street
crossings and access ramps for persons with disabilities (PWDs) to ensure
inclusive non-motorized transportation.

SECTION 9. Installation of Walkways. - Adequate sidewalk areas must
be maintained on all roads as walkways to allow safe pedestrian passage and for
the safe and convenient use of wheelchairs, strollers and similar instruments. For
primary and secondary roads, there shall be allotted three (3) meters for the
sidewalks. If there is no space allocated for such and the implementation will
prove difficult, in lieu thereof, either an elevated footbridge or underground
walkway must be installed. This shall be provided by the local government unit
(LGU) concerned within six (6) months from the effectivity of this Act.

SECTION 10. B. Designation of Bike Lanes. — A portion of the roadway
or highway shall be designated as “bike lanes” by the LGU having jurisdiction
over such roadway or highway, in coordination with the Department of Public
Works and Highways (DPWH), within six (6) months from the effectivity of this
Act.


The designated bike lanes shall be for the preferential or exclusive use of
bicycles. These bike lanes shall not be obstructed by a parked or standing motor
vehicle or other stationary object. The bike lanes shall be made identifiable by
striping with signing or striping with pavement markings.

SECTION 11. Provision of Bicycle Parking Spaces and Bike Racks. -
Bicycle parking spaces and bike racks are hereby required to be provided by
owners of establishments that are

a) For non-residential use with gross floor area larger than 7,500 square feet;
b,) Multiple-family dwellings when 12 or more are provided on a lot; c.)
Public parking lots; and

b) The DOTC shall establish guidelines on the minimum supply of bicycle
parking spaces in buildings and other facilities, taking into consideration
the population of the short-term or long-term dwellers in the area, within
six (6) months from the effectivity of this Act.

SECTION 12. Public Transportation. - The DOTC shall provide
guidelines that will promote a shift towards seamless and inclusive public
transportation as a primary mobility option to the general public, especially the
poor, including the elderly, PWDs, women, youth, and children and taking into
consideration the hierarchy of transport threshold, within twelve (12) months from
the effectivity of this Act. Better public transportation initiatives shall be studied
and implemented in an effort to reduce the impact of the declining oil economy
on our environment and financial markets, provide high quality but affordable
transport services as well as help reduce energy costs, pollution and even urban
poverty. Further, a unified and automated fare collection shall, as much as
possible, be established amongst all the available forms of public transportation.

SECTION 13. Commissioning of a “Bus Rapid Transit (BRT) System.”
— The Department of Transportation and Communication (DOTC) shall, within
twelve (12) months from the effectivity of this Act, come up with a study
commissioning the creation of a Bus Rapid Transit System which will organize
buses into one efficient long-distance transportation system with coordinated
schedules, rates, routes, and pick-up and drop- off points. The LGU and the
private sector, including but not limited to mall owners and bus companies, can
be tapped in order to put up or use existing facilities such as parks, parking lots,
and bus depots that will serve as large collective transportation terminals where
people can park their cars and bikes and take the buses to their destinations,

SECTION 14. Establishment of a Water Ferry System. - As much as
practicable, the national agencies and water regulatory bodies in charge of a
water body led by the Department of Environment and Natural Resources
(DENR), in coordination with the DOTC, shall explore the establishment of a ferry
system in navigable bodies of water which may be operated by the said authority


or bidded out to a private contractor. The possibility of interconnecting said
waterways shall also be considered

SECTION 15, Rationalization of Issuance of Franchises for PUV’s and
Travel Demand Management Programs. —

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

Thereafter, the DOTC, in coordination with the Department of Labor and
Employment (DOLE), Department of Education (DepEd), Department of Trade
and Industry (DTI), the LTFRB and one representative each from the civil society,
transport sector, the business sector and the youth, shall come up with
guidelines on travel demand management programs that will reduce the volume
of cars and motorized transport in the roads as well as enhance and encourage
students and workers to use the public transport system and is consistent with
the aforementioned Land Transportation Rationalization Study. These programs
shall include, but is not limited to, the following:

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

b) car ownership policies in relation to parking and air pollution;

c) congestion pricing measures;

d) programs to promote telecommuting;

e) flexible work schedules, or satellite work centers;

f)_ transport program for government employees; and

g) intelligent transportation systems or other operational improvements that
are certified by the Department of Environment and Natural Resources
(DENR) to reduce greenhouse gas emissions.

This shall be completed within twelve (12) months from the effectivity of
this Act.

SECTION 16. Facilities. - The DOTC, in coordination with the DPWH and
the LGUs concerned, shall carry out an investment program that will encourage a
mode shift to sustainable transport within selected communities by providing safe
and convenientoptions to bicycle and walk for routine travel, and for other
purposes. Also, supporting facilities for non-motorized transportation, intermodal
connectivity and public transportation in accordance with the land use and
transportation plan shall be developed. Further, all alternative energy and cleaner
fuel providers shall submit a comprehensive plan on the commencement and
conclusion of its energy or fuel provision to the DOTC. This shall be completed


within twelve (12) months from the effectivity of this Act.

SECTION 17. Public Health Program. The DOTC, in coordination with
the DOH, shall formulate strategies for the reduction of the negative heath
impacts of transportation to road users. These strategies shall include but not be
limited to strengthening of public health services, formulation of the necessary
department administrative orders and required regular general and audio- logical
check up for road users and affected communities, Further, the Department shall
regularly monitor and evaluate these strategies

SECTION 18. Education and Research Programs. - The DOTC shall
conduct studies and researches, and eventually supply information to the car-
‘owning and -riding public as well as commuters on aspects of sustainable
transport that are relatively new. It shall also provide technical assistance and
other resources to government agencies and private sector involved in the
transport system.

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

SECTION 19. Financing. - The DOTC, in coordination with the key
stakeholders deemed necessary, shall explore the possibility of accessing a
growing range of global environment funds in order to be able to assist in the
funding of sustainable public transport systems. Public-private partnerships shall
also be encouraged in the development of transportation improvements.Further,
seventy- five percent (75%) of the seven and one half percent (7.5%) allotted in
the Special Vehicle Pollution Control Fund provided for in Section 7 of Republic
‘Act No. 8794 or An Act Imposing A Motor Vehicle User's Charge On Owners Of
‘All Types Of Motor Vehicles And For Other Purposes shall be retained by the
DOTC for the implementation of this Act.

SECTION 20. Implementing Agency. - The DOTC shall be the main
implementing agency for this Act.

SECTION 21. Separability Clause. - Should any provision herein be
subsequently declared invalid or unconstitutional, the same shall not affect the
validity or the legality of the other provisions not so declared.

SECTION 22, Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations, other issuances, and parts thereof, which
are inconsistent with the provisions of this Act, are hereby repealed and modified
accordingly.


SECTION 23. Effectivity. — This Act shall take effect fifteen (15) days
after publication in at least (2) newspapers of general circulation.

Approved,