Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
FIFTEENTH CONGRESS
First Regular Session

House BillNo.._ 4462
eee

Introduced by Hoa. Mark Aeron H. Sambar

EXPLANATORY NOTE
‘The Constitution, Articte 2, Section 16 provides:

‘The State shalt protect and advance the right of the people to a
balanced and healthful ecology in accord with the thythm and harmony of
nature.

Every year, an estimated 500 billion to 1 triflion plastic bags are consumed
worldwide. The Worldwatch Institute estimates that in the U.S, alone, an estimated
12,000,000 barrets of non-renewable petroleum oil are required to produce the 100 billion
bags consumed annually.' Although plastic bags make up only a small percentage of all litter,
the impact of these bags is nevertheless significant. Plastic bags create visual pollution
problems and can have harmful effects on aquatic and terrestrial animals. Plastic bags are
Particularly noticeable components of the litter stream due to their size and can take a long
time to fally break down.” Plastic bags are made from a non-renewable natural resource:
petroleum. Consequently, the manufacturing of plastic bags contributes to the diminishing,
availability of our natural résources and the damage to the environment from the extraction of
petroleum. At the same time, plastics are hazardous to produce; the pollution from plastic
Production is harmful to the environment. Most plastic bags are made of polyethylene - more
commonly known as polythene - they are hazardous to manufacture and are said to take up to
1,000 years to decompose on fand and 450 years in water?

, http-//planetgreen.discovery.com/home-garden/plastic-bag-facts html
? hitp:/Avww.environment gov au/settlements/waste/plastic-bags/index html
? ttp//news.bbe.co.uk/ 1 /hifuk/1974750.sten


Plastic bags and packaging account for a major part of our waste in landfills. More
importantly, plastic begs are one of the top items of litter on our community beaches, roads,
sidewalks, and vegetation along with cigarette butts and Styrofoam. Plastic bags are light and
hard to contain, Because of their tight weight, plastic bags fly easily in wind, float along
seadily in the currents of rivers and oceans, get tangled up in trees, fences, poles, and so forth,
and block the drainage.* Countless plastic bags end up in our ocean and cause harm to our -
marine wildlife. Many marine animals and birds mistakenly ingest plastic or become
entangled and choke in plastic bags that is floating around. For instance; ¢nvironmentalists
have pointed out that turtles often mistake plastic bags for jellyfish and invariably swallow
them. It is estimated 100,000 marine mammals die cach year because of plastic litter in our
ocean in the North Pacific.’ Land animals seem to be victims as well. In countries such as
India, coves are mistakenly ingesting plastic bags on the streets as they are scavenging for
food and end up choking or starving to death, as the plastic cannot be digested *

‘The international crisis, which plastic bags are creating, is indicated by the fact that
‘Most nations recognize the problem and are making strong attempts fo eliminate the use and
Productions of plastic bags. Many countries in Europe and Asia are attempting to eradicate
plastic bags. Some are banning plastic bags altogether while others are implementing a tax on
Plastic bags to decrease their use. In Bangladesh, plastic bags have been banned completely
since early 2002. They were found to have been the main culprit during the 1988 and 1998
floods that submerged two-thirds of the country. The problem was that discarded bags were
choking the drainage system.’ In 2001, Bombay council also climinated the use of plastic
bags to prevent them from fittering the streets and clogging up the city's sewerage system. As
@ result, merchants have switched to recycled paper bags and litter in the city has been
reduced considerably.” In Ireland, a tax on plastic bags was introduced. Essentially, each
Plastic hag handed out costs the consumer an ext 15 cents, After the tax scheme began in
March 2002, it is estimated the plastic bags available at stores have been decreased by 90%.

According to DENR data, more than 80 percent of the trash retrieved from the
country’s shorelines are made of non-biodegradable materials such as plastic and rubber

“‘ http//news.bbe.co.uk/I/hi/worl/europe/1849302.sim

5 www.algalita.org

* http://news.bbe.co.uk/I /hifuk/1974750.stm

* hutp://news bbe. co. uk/I/hifuk/1974750.stm

* tip://news.bbc.co.uk/1/hi/world/south_asia/1329600 stm

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About half of plastic items thrown in bodies of water around the country were plastic bags.”
This Bill seeks to address the solid waste management problem particularly that caused by
plastic bags.

” http://www gmanews tv/story/20179 |/malls-to-charge-fee-for-plastic-hags-once-a-
week

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Republic of ‘he Philippines
HOUSE OF RE.“ RSSENTATIVES
Que > “ity
FIFTEM mm. >" 513 0Erg

fe :

Introduced by Hom. Mark Aeron H, Sambar

AN ACT
TO REDUCE THE NUMBER OF PLASTIC BAGS USED IN SUPERMARKETS AND
CREATING THE PLASTIC BAG POLLUTION FUND

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

SECTION 1. Short Title. — This Act shatk be known as the “Plastic Bag Use
Disincentive Act of 2011.”

SECTION 2. Declaration of Policy. - it is the policy of the State to afford full
Protection and the advancement of the right of the people 1o a healthful ecology in accord
with the rhythm and harmony of nature. In this light, the State has adopted the Philippine ;
Agenda 21 framework which espouses sustainable development, to fulfill human needs while
maintaining the quality of the natural environment for current and future generations.

As a party to the United Nations Framework Convention on Climate Change, the
State adopts the ultimate objective of the Convention which is the stabilization of greenhouse
gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system which should be achieved within a time frame sufficient
to allow ecosystems to adapt naturally to climate change, to ensure that food production is not

threatened and to enable economic development to proceed in a sustainable manner.


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SECTION 3. Definition of Terms. ~ As used in this Act, the following terms shall
mean: .
(a) "Green carryout bag” means a single-use carryout bag that is provided by a store toa -
customer at the point of: sale and meets all of the following requirements:
a. Is composed of at least 40 percent post-consumer recycled content material.
b. Is capable of composting within 180 days, as determined by the Department of
Environment and Natural Resources.

(b) “Green carryout bag” does not include a reusable bag.

(©) "Manufacturer" means the producer of a single-use carryout bag sold to a store.

(@) “Operator” means a person in control of, or having daily responsibility for, the daily
operation ofa store, which may include, but is not limited to, the owner of the store.

{e) "Paper carryout bag” means a paper carryout bag provided by a store (oa customer at
the point of sale that is not a reusable bag as defined in subdivision (g)

(f} “Plastic carryout bag” means a plastic carryout bag provided by a store to a customer
at the point of sale that is not a reusable bag as defined in subdivision (g).

(g) "Reusable bag” means either a bag made of cloth or other machine washable fabric
that has handles or a durable plastic bag with handles that is at least 2.25 mils thick and is
specifically designed and manufactured for multiple reuse.

(h) "Single-use carryout bag" means a carryout bag provided by the store to a customer at
the point of sale that is not a reusable bag as defined in subdivision (g), and includes
biodegradable or compostable bags.

(i) "Store" means a retail establishment that Provides single-use carryout bags to its
Customers as a result of the sale of a product and that mects any of the following

requirements: a


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a. Is a “supermarket” or a large self-service retail market that sells food and
household goods that has over 1,000 square meters of retail space or
b. Is a chain of convenience food stores primarily engaged in retailing a limited
line of goods that includes milk, bread, soda, and snacks, with a total
combined square footage of 1,000 square meters or more in any part of the
country.
() “Department” shall refer to the Department of Environment and Natural Resources.

SECTION 4. Charge for the use of plastic bags. -- On and after | July 2011, a store
shall not provide a single-use carryout bag, including a green carryout bag, to a customer at *
the point of sale, unless the store charges the customer not less than FIVE PESOS (PS.00) per
bag regardless of size. The amount charged pursuant to this section shall not be subject to
sales tax, shall be separately stated on the receipt provided to the customer at the time of sale,
and shall be identified as the Plastic Bag Pollution Cleanup Charge.

SECTION 5. Use of the amount collected. — A store charging a fee pursuant to this
section shall use the amount of the fee retained pursuant to this Act for all of the following:

{a) Reimbursement of the store's costs associated with the collection and
remittance of the fee;

(b} The development of in-store educational materials for distribution to
customers encouraging the use of reusable bags.

(c) The development and implementation of an educational campaign
encouraging the use of reusable bays, including, but not limited to, public service
announcements.

{d) Reimbursement of the store’s costs associated with providing reusable bags to
customers or as donations 10 community organizations, nonprofit organizations, and other

similar entities.


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(©) Reimbursement of the store's costs associated with the purchase of single-use
carryout bags.

SECTION 6. Plastic Bag Pollution Fund. —

(a) The Plastic Bag Pollution Fund is hereby established. Ail fees collected by the
Department pursuant to this Section shail be deposited in the fund. By 31 July 2011, and
quarterly thereafler, a store that collects the Plastic Bag Pollution Cleanup Charge shall
calculate the amount of funds collected and shall remit the same to the Department for
deposit into the Plastic Bag Pollution Fund, less funds retained by the store pursuant to
Section 5 of this Act.

(>) The funds in the Plastic Bag Pollution Fund shall be used by the Department,
upon appropriation by the Legislature, for the following purposes:

a Development and implementation of programs related to the use of single-
use carryout bags to encourage and support pollution prevention,
abatement-and cleanup, enforcement, green chemistry, water quality
protection and cleanup, and environmental and public education and”
outreach. Mi

b. To establish and maintain local programs, including those in partnership
with nonprofit community-based organizations, for purposes of litter
cleanup activities, source reduction and recycling efforts, educational and
litter prevention programs, and other programs to Mitigate the
environmental impacts of single-use carryout bags.

¢. Mitigation projects relating fo storm water pollution, including devices to
Prevent single-use carryout bag litter from entering storm drain systems

4. Reusable bag giveaway programs, including those targeting low-income

residents.


€. The revenues deposited in 11 Plastic Bag Pollution Fund that are ;
generated from the foe imposed pursuant to this chapter shalt not be uscd
for activities unrelated to the prevention or reduction of titter or the
environmental impacts of single-use carryout bogs.

SECTION 7. Annual Report to Congress. — The Seorctary shall submit a report within
‘one year from the implementation of this Act on the revenue generated and proposed use of
the fiund to be included in the general appropriations act in the following year.

SECTION 8. implementing Rules and Resualations. — The Secretary shall prepare and
disseminate the Implementing Rutes and Regulations of this Act two months before 1 July
2011.

SECTION 9. Separability Clause. - If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting,

SECTION 10. Repealing Clause. Any law, presidential decree or issuance,
executive order, Jetter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 11. £fectivity Clause. — This Act shall take effect fificen (15) days after its
publication in at least two (2) newspapers of general circulation

Approved,