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

First Regular Session

HOUSE BILLNO.___ 62 _

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

EXPLANATORY NOTE

This bill is a refiled measure from the 19th Congress, which had already passed on
third reading in the House of Representatives and was transmitted to the Senate,
where a counterpart committee report was likewise prepared. We are pushing for the
passage of this legislative proposal due to its importance and benefits for the country
and the Filipino people

This seeks to amend pertinent provisions of Republic Act No. 8749, otherwise known
as the Philippine Clean Air Act of 1999, and Republic Act No. 9003, or the Ecological
Solid Waste Management Act of 2000, specifically those relating to the prohibition on
incineration of waste

With the ever-increasing volume of waste in the country and the limited capacity of
existing disposal facilities, there is an urgent need to provide a sustainable, science-
based approach to waste management. The proposed measure aims to provide local
government units (LGUs) with viable and environmentally sound alternatives to
address the garbage crisis while minimizing further damage to our environment and
ecological systems.

This bill establishes clear standards and guidelines for the use of thermal and other
waste treatment technologies, including waste-to-energy (WTE) systems, for the
disposal of municipal and hazardous wastes or for the processing of waste materials
into fuel. It empowers the Department of Environment and Natural Resources
(DENR) to implement and enforce this Act and promotes the use of modern, safe,
and environmentally friendly technologies.

Key provisions of the bill include:
+ Repeal of the ban on incineration under Section 20 of R.A. No. 8749, and
the amendment of provisions under R.A. No. 9003 that are inconsistent
with this new policy direction.

. Regulation of waste-to-energy and thermal treatment technologies, in a
manner that ensures public health and environmental protection.
. Reinforcement of the “reduce, reuse, and recycle” hierarchy, while

providing for the safe recovery of energy or fuel from residual waste.


+ Mandating LGUs to establish or host waste treatment facilities aligned with
their ten-year solid waste management plans, subject to approval by the
National Solid Waste Management Commission (NSWMC).

+ Designation of DENR and DOE as lead implementing agencies, with the
DOE focusing on energy recovery and integration of WTE strategies into
the Philippine Energy Plan

+ Technology verification to be undertaken by the Department of Science and
Technology (DOST) to ensure safety, efficiency, and suitability of waste
processing technologies.

: Facility accreditation and classification by the DOE, based on energy
output and environmental performance.

. Strict compliance by facility owners and operators with environmental and
operational standards.

. Provision of fiscal and non-fiscal incentives to encourage investment in
compliant waste treatment technologies and facilities.

. Imposition of penalties for violations of applicable laws and regulations,

including R.A. Nos. 8749, 9003, 6969, 9275, and relevant energy and
environmental codes.

To ensure timely implementation, the DENR and DOE are directed to promulgate the
necessary Implementing Rules and Regulations (IRR) within three (3) months from
the effectivity of the Act. The DENR, in coordination with key agencies including the
NSWMC, DOST, DOE, Department of Trade and Industry (DTI), Bureau of
Investments (BOI), Bureau of Internal Revenue (BIR), Bureau of Customs (BOC),
and other relevant stakeholders, will lead the development of these guidelines.

In sum, this measure provides an inclusive, science-based, and environmentally
responsible framework for addressing the country’s solid waste challenges. It
balances the need for waste reduction with the opportunities provided by modern
technology to recover energy and reduce landfill dependence, thereby protecting
public health and the environment.

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

JURDIN Ji |. ROMUALDO


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

TWENTIETH CONGRESS

First Regular Session

HOUSE BILL NO._62

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

AN ACT
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR MUNICIPAL AND
HAZARDOUS WASTES, REPEALING FOR THE PURPOSE SECTION 20 OF REPUBLIC
ACT NO. 8749, ENTITLED “THE PHILIPPINE CLEAN AIR ACT OF
1999”

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

assembled:

SECTION 1 Title. - This Act shall be known and referred to as the “Waste

Treatment Technology Act”.

Sec. 2. Regulation of Waste Treatment Technology. - Thermal and other treatment
technologies for the disposal of municipal and hazardous wastes, or for the processing of any

waste material for fuel, whether for commercial use or not, shall be designed and operated to

meet the standards established pursuant to this Act and its implementing rules and
regulations. These technologies shall be fitted with equipment that will continuously
monitor, record, and make publicly available the reported data on their emissions or air
pollutant concentrations. Proposed facilities that generate energy or waste-to-energy facilities
shall be given priority over other treatment technologies. Entities utilizing such technologies
shall incorporate in their facilities and operations the appropriate material recovery program.

Thermal treatment units shall treat wastes at a temperature of not less than eight hundred fifty


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degrees centigrade (850°C).

See. 3. Lead Agencies. — The Department of Environment and Natural Resources
(DENR) shall be primarily responsible for the implementation and enforcement of this Act, while the
Department of Energy is primarily responsible over relevant regulations pertaining to waste-to-energy
facilities. Both agencies shall promote the use of state-of-the-art, environmentally-sound and safe
technologies for the handling, treatment, thermal or nonthermal destruction, utilization, and disposal of
residual wastes. Pursuant to Sec. 15 of R.A No. 8749, otherwise known as the “Clean Air Act of 1999”,
the Pollution Research and Development Program shall likewise include the continuous
monitoring, evaluation, and development of more appropriate air quality guideline values and
standards for the treatment of municipal and hazardous wastes, or for the processing of any waste material

for fuel.

See. 4. Role of Local Government Units (LGUs) in Setting Up Treatment Facilities. — The LGUs
‘are hereby mandated to promote, encourage and implement in their respective jurisdictions a
comprehensive solid waste management plan that includes waste reduction, segregation, recycling,
composting, and recovery. The establishment of treatment facilities shall be facilitated by LGUs within
a region, province, or strategically clustered LGUs, in consonance with their respective ten-year solid
waste management plans: Provided, that these are consistent with the national solid waste management
framework established pursuant to R.A. No. 9003, otherwise known as the “Ecological Solid Waste
Management Act of 2000”.

See. 5. Role of the National Solid Waste Management Commission (NSWMC). ~ The solid waste
management plans and supplemental disposal plans of all LGUs, including those which may carry out
treatment projects, shall be submitted to the NSWMC which shall render a decision within ten (10)
working days from submission thereof. The NSWMC shall put in writing the reasons for either approving

or denying such plans.

See. 6. Role of the Department of Science and Technology (DOST). - The DOST shall
undertake the necessary verification of the technology that will be used for the treatment or waste
processing projects. The verification shall be completed and reported in writing within ten (10) working
days from receipt of the application, or twenty (20) working days if the application is for a new

technology.

Sec. 7. Role of the Department of Energy (DOE). — The DOE, in addition to its powers and
functions under R.A. No. 7638, otherwise known as “The Department of Energy Act of 1992,” shall,

insofar as the establishment and operation of facilities that recover energy:


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(a) Accredit and classify facilities that recover energy based on the energy output, and
determine the standards, criteria and requirements applicable therefor pursuant to R.A. No. 9136,
otherwise known as the “Electric Power Industry Reform Act (EPIRA) of 2001,” R.A. No. 9367,
otherwise known as the “Biofuels Act of 2006,” and R.A. No. 9513, otherwise known as the
“Renewable Energy Act of 2008,” whichever is applicable: Provided, That the energy generated
from the facilities shall be regulated by the Energy Regulatory Commission in as far as the rates
and pricing thereof,

(b) Include a waste-to-energy implementation strategy in the Philippines Energy Plan,
which takes into consideration the National Solid Waste Management Framework;

(©) Make available to the public, especially to potential investors for these facilities,
local and national information on the following:

(i) current and potential uses of facilities in relation to solid waste management
(ii) inventory of existing facilities; and,

ii) other relevant information.

Sec. 8. Responsibility of Owner and Operator. - Responsibility for compliance with the standards
promulgated for the establishment and operation of waste treatment facilities shall rest with the owner.
and/or operator thereof. If, by virtue of a contract, the operator is primarily and solely responsible for
compliance with the standards, the same shall not relieve the owner of the requirement to exercise due
diligence to ensure the operator's compliance the event that the ownership of the facility is transferred to
another person, the previous owner shall notify the new owner of the standards and the conditions set for
the operation of said facility, and the laws and regulations that the new owner or operator has to comply
with. These standards for operation of waste treatment or processing facility may be made more stringent
by not more than five percent (5%): Provided, That the more stringent standards shall be effected ten (10)
years following the commencement of the operation of the facility that is established after the effectivity
of this Act.

Sec. 9. Grant of Incentives. — The following fiscal and non-fiscal incentives shall be granted to
registered investors and hosts of waste treatment programs:

(a) Fiscal and Non-Fiscal Incentives. ~ Upon cettification by the DOE, waste-to-

energy projects, as defined in this Act, may be granted the incentives provided under Title XIII

of Republic Act No. 8424, otherwise known as the “National Internal Revenue Code of 1997”, as

amended, and any other applicable laws: Provided, That the inclusion of waste-to energy projects

in the strategic investment priorities plan shall be reviewed and may be extended by the BOI.

(b) Financial Assistance Program — Government financial institutions such as the
Landbank of the Philippines, Development Bank of the Philippines, Government Service

Insurance System, and such other government institutions providing financial service shall, in

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accordance with and to the extent allowed by the enabling provisions of their respective charters
or applicable laws, accord high priority in the extension of financial services to individuals,
enterprises, or private entities engaged in putting up treatment facilities: Provided, That these
institutions shall allocate five percent (5%) of their loan portfolio to waste treatment projects.

(c) Extension of Grants and Incentives to LGUs — Provinces, cities, and
municipalities, the treatment facilities plan of which have been duly approved by the NSWMC
for adopting innovative waste treatment programs, may be entitled to receive grants for the
purpose of developing their technical capacities toward actively participating in the waste
treatment projects. The LGUs that host common treatment facilities shall be entitled to

incentives as may be determined by the NSWMC.

See. 10. Permits and Licenses. - The procedure for the issuance of permits and licenses for all
kinds of waste-to-energy facilities shall be governed by R.A No. 11234, otherwise known as the "Energy
Virtual One-Stop Shop Act”, and R.A. No.11032, otherwise known as the “Ease of Doing Business and
Efficient Government Service Delivery Act of 2018".

Sec. 11. Fines and Penalties. ~ Violations of the provisions of this Act, or the standards or rules
and regulations promulgated for treatment facilities shall be fined or penalized under the provisions of
P.D. 1586, otherwise known as the Environmental Impact Statement System; R.A. No. 6969, otherwise
-A. No.

known as the “Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
8749; R.A. No, 9003; and R.A. No. 9275, otherwise known as the “Philippine Clean Water Act of 2004”.
For waste-to-energy facilities, the penal schemes established under the Philippine Grid Code and
Philippine Distribution Code pursuant to R.A. No. 9136, shall likewise apply.

Sec. 12. Congressional Oversight Committee. - Upon the effectivity of this Act, a Joint
Congressional Oversight Committce shall be constituted to monitor its implementation by the
concerned agencies and LGUs. The Oversight Committee shall be composed of fourteen (14)
members, with the Chairpersons of the Committee on Ecology and Committee on Energy of the House
of Representatives and the Chairpersons of the Committee on Environment and Natural Resources and
Committee on Energy of the Senate as co-chairpersons and an additional four members from each House,

to be designated by the Speaker of the House of Representatives and the Senate President, respectively.

Sec. 13. Implementing Rules and Regulations. — The DENR and DOE shall
promulgate the rules and regulations for the effective implementation of this Act, within three (3) months

after its approval.


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See. 14. Report to Congress. ~ The DENR and the DOE shall submit to the President of the
Philippines and to Congress an annual report not later than March 30 of every year following the approval
of this Act, which shall include an evaluation of the implementation of this Act, and the appropriate
recommendations thereon, and for any improvements or modifications to the policies enunciated herein.

See. 15. Separability Clause. - If any part or section of this Act is declared unconstitutional, such

declaration shall not affect the other parts or sections of this Act.

See. 16. Repealing Clause. — Section 20 of R.A. No. 8749 otherwise known as the “Philippine
Clean Air Act of 1999” is hereby repealed. The pertinent provision of R.A. No. 9003 otherwise known
as the “Ecological Solid Waste Management Act of 2000”, as amended, and other laws, presidential
decrees, executive orders, rules and regulations inconsistent with any provisions of this Act shall be

deemed repealed or modified accordingly.

Sec. 17. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official

Gazette or in a newspaper of general circulation.

Approved,