Republic of the Philippines
House of Representatives
Queson City, Metro Manila

Seventeenth Congress

Second Regular Session

House Bill No. "7347

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Development projects such as malls, housing, schools and commercial
establishments, have already been established to have remarkable impacts not only
‘on the environment but on the transportation system and traffic conditions as welll.
Hence, it is necessary to evaluate the significance of traffic-related impacts before
the implementation of a proposed development. The evaluation, through a Traffic
Impact Assessment (TIA), allows these future impacts to be planned for and
mitigated. It includes the planning of traffic management measures to mitigate
possible traffic problems due to such proposed developments.

In the broader context of environmental protection and preservation,
Presidential Decree No. 1586 requires the conduct and submission of Environmental
Impact Statements and Assessments (EISA) by government agencies and private
entities for every proposed project and undertaking which significantly affect the
quality of environment. Pursuant to PD 1586, various administrative orders have
been issued primarily requiring project proponents and developers to secure an
Environmental Compliance Certificate (ECC) from the Department of Environment
and Natural Resources (DENR) prior to any project implementation. However, the
law and its implementing rules and regulations nowhere require the conduct and
submission of a TIA as part of the EISA for purposes of issuance of the ECC or
compliance to other project implementation requirements.


It should be noted that the Implementing Rules and Regulations (IRR) of
Presidential Decree No. 957, otherwise known as the ‘Condominium Buyer's
Protective Decree’, provides that every registered owner or developer of a parcel of
land who wishes to convert the same into a subdivision project shall apply with the
Housing and Land Use Regulatory Board (HLURB) or the Local Government Unit
(LGU) concerned for the approval of the subdivision development plan. For
purposes of securing a Subdivision Development Permit, submission of a Traffic
Impact Assessment is required for subdivision projects 30 hectares and above.

Moreover, LGUs are empowered under the Local Government Code to
require, by ordinance, the submission of TIAs by developers for purposes of
securing Locational Permits for projects situated within their respective territorial
jurisdictions.

Traffic impact assessment deals with the potential impact of building
construction and subdivision development projects on traffic conditions, vehicular
congestion and overcrowded public transport. However, it is yet to be
institutionalized or legislated as a regular government requirement for project
development, just like the mandatory requirement for an ECC. This is the primordial
intent and purpose of this bill.

For the foregoing reason, the immediate consideration and passage of this
bill is earnestly urged.

A OMEO M. ACOP,MNSA


Republic of the Philippines
House of Representatives
Queson City, Metro Manila
Seventeenth Congress
Second Regular Session

No. 73477

Hous«

Introduced by HON. ROMEO M. ACOP

AN ACT
REQUIRING A TRAFFIC IMPACT ASSESSMENT (TIA) AS AN INTEGRAL
PART OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM FOR
EVERY PROPOSED PROJECT AND UNDERTAKING, AMENDING FOR
THE PURPOSE PRESIDENTIAL DECREE NO. 1586

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

SECTION 1. Section 1 of Presidential Decree No. 1586 is hereby amended
to read as follows :

Section 1. Policy - It is hereby declared the policy of the State to attain
and maintain a rational and orderly balance between socio-economic growth
and environmental protection[.], INCLUDING THE MITIGATION OF THE
POTENTIAL IMPACT OF ECONOMIC DEVELOPMENT ON TRAFFIC
CONDITIONS AND RESULTANT ENVIRONMENTAL POLLUTION DUE TO
TRAFFIC CONGESTION.

SECTION 2. Section 2 of Presidential Decree No. 1586 is likewise amended
to read as follows :


Section 2. Environmental Impact Statement System - There is hereby
established an Environmental Impact Statement System founded and based
on the environmental impact statement required, under Section 4 of
Presidential Decree No. 1151, of all agencies and instrumentalities of the
national government, including government-owned or _ controlled
corporations, as well as private corporations, firms and entities, for every
proposed project and undertaking which significantly affect the quality of the
environment.

THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM SHALL INCLUDE
A TRAFFIC IMPACT ASSESSMENT (TIA) TO EVALUATE THE POTENTIAL
IMPACT OF EVERY PROPOSED PROJECT AND UNDERTAKING ON
TRAFFIC CONDITIONS, ACCESSIBILITY, ROAD CIRCULATION,
PARKING REQUIREMENTS, AND OTHER SIMILAR AND RELATED
CONCERNS, THAT COULD HAVE SERIOUS ENVIRONMENTAL IMPACT.

SECTION 3. The Department of Environment and Natural Resources
(DENR), in coordination with the Department of Transportation (DOTr), shall,
within ninety (90) days from the effectivity of this Act, promulgate the rules
and regulations necessary for the implementation of this Act.

SECTION 4. Repealing Clause. - All laws, decrees, executive issuances,
rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly.

SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15)

days after its publication in at least two (2) national newspapers of general
circulation.

Approved.