SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 MAR -5 P339
SENATE
RECELV:
s.No. 1724 pp

Introduced by Senator Grace Poe

AN ACT
PROMOTING SUSTAINABLE 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

Explanatory Note

In 2009, the United Nations Climate Change Conference sponsored an art installation
to visually represent a metric tonne of carbon dioxide (CO2). This was the amount of
CO; that a single person could produce in one week. The result was a cube roughly
the size of a three-story building.

The cube is a useful reference point. In 2010, road transport in Metro Manila was
estimated to have produced 7.98 million tonnes of CO equivalent (MtCO2eq).? This is
equivalent to seven million cubes carbon dioxide floating into the air, each of them
the size of a small apartment.

In addition to producing tonnes of greenhouse gases, motor vehicles in Metro Manila
also produced 1.029 tons of carbon monoxide, 118,524 tons of nitrogen oxide, and
6,616 tons of sulfur oxide in the same year.’ Breathing the air in EDSA-Timog,
Quezon City for one hour and forty minutes is equivalent to smoking 2 cigarettes.*
How ironic: we have taxed and spent so much to prevent people from killing
themselves with cigarettes, only for them to experience the same harm just by
breathing in the air in Manila.

* http://obscuradigital.com/work/c02-cube:

? USAID. Annex 2, Climate Change and Clean Energy Project. Cited in Japan International Cooperation
Agency, Roadmap for Transport Infrastructure Development for Metro Manila and its Surroundng Areas
(Region III and IV-A). Retrieved from http://www.neda gov.ph/wp-content/uploads/2015/03/FR-MAIN-TEXT.-

12149605 OL pdf
» Tid.

“Cruz, J. “Why we should raise fuel taxes” Business World (10 July 2017). Retrieved from
‘http://www.bworldon|ine.com/content.php?section=Opinion&title=why-we-should-raise-fuuel-taxes&id=147994



And when we are not dying from the air pollution in EDSA, we are torturing
ourselves in traffic. It is estimated that Filipinos waste around 28,000 hours of their
lives in traffic. That’s 3 years not spent resting or bonding with family.° 3 years of
our lives spent, in the words of popular 80's band The Police, "Packed like lemmings
into shiny metal boxes/Contestants in a suicidal race.”

It is clear that moving around Metro Manila is a stressful, polluted, and neurotic
experience. Thus, this representation earnestly seeks enactment of this measure-
the proposed Sustainable Transport Act of 2016. This measure seeks to mandate the
Department of Transport and related agencies to prepare a Sustainable Transport
Plan. The Plan shall include non-motorized transport, the development of a seamless
and inclusive public transportation system, green infrastructure and facilities, and
enforcement of transportation demand management measures. In addition, the
DOTr shall develop policies and guidelines that promote non-motorized
transportation such as walking and bicycling to meet public transportation demand.

In view of the foregoing, immediate approval of this measure is sought. This

measure is a counterpart to House Bill No. 582 filed by my former Senate colleague
and current Deputy Speaker of the House of Representatives, Taguig City 2” District

Representative Pia Cayetano.
ie
\CE

* Ordinario, C. “Pinoys waste 28,000 hours in ‘traffic™” Business World (5 March 2015). Retrieved from
/http://www.businessmirror.com.ph/pinoys-waste-28000-hours-in-traffic/



EY otic st
SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

Second Regular Session ) 18 MAR-S P3338

SENATE
RECEIV=0 By: _ d

S.No. 1724

Introduced by Senator Grace Poe

AN ACT
PROMOTING SUSTAINABLE 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 Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - The Act shall be known as the "Sustainable
Transportation Act of 2017”

SEC. 2. Declaration of Policies. - In conformity with the provisions of the
Constitution to promote 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, cost-effective, efficient, non-
congestive, non-pollutive, and healthful locomotion and seamless and
inclusive transportation system for the benefit of all citizens, economy and
society;



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

c.) 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

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

SEC. 3. Definition of Terms. - The following terms shall have their respective
meanings:

a.) "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;

b.) “Motor vehicle" means a self-propelled vehicle or any vehicle propelled by
any power other than muscular power. The term does not include electric
bicycles;

c.) “Public transportation" 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;

d.) "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;



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e.) “Transit-Oriented Development” or "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;

f.) "Transportation demand management’ or "TDM” refers to strategies that
increase transport system efficiency. TDM gives priority to modes that
move people more efficiently and discourages the use of single occupancy
vehicles to reduce traffic congestion. It also includes promotion of non-
motorized transportation (NMT) through walking and cycling;

9.) "Walkways" refers to a continuous way designated for pedestrians and
separated from the through lanes for motor vehicles by space or barrier;
and

h.) “Sustainable transport” 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 fuel-efficient, space-saving and promote healthy
lifestyles;

SEC. 4. Sustainable Transport Action Plan. - The Department of
Transportation (DOTr), in coordination with the Department of Environment and
Natural Resources (DENR), the National Economic Development Authority (NEDA)
and other key stakeholders from the national and local levels as may be deemed
necessary, shall prepare 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
inclusion of non-motorized transport, the development of a seamless and inclusive
Public transportation system, green infrastructure and facilities, and enforcement of
transportation demand management measures. These will set out the actions
required to achieve the mode shift target over a certain period of time as identified
by DOTr.

SEC. 5. Integrated Land Use and Transportation Plan. - In the preparation
and updating of their land use plans, all local government units (LGUs) shall explore

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the important relationship between land use and transportation and ensure that
land-use and transportation decisions be made in conjunction with each other to
balance and coordinate the mix of land uses, with the end in view of sustaining a
healthy economy, supporting the use of alternative transportation, and enhancing
the quality of life. Said plan shall include strategies to avoid unnecessary travel
through transit-oriented development. Further, the DOTr shall provide technical
assistance to key stakeholders and LGUs in the completion of these integrated land
use and transportation plans, upon the request of the LGUs and subject to
availability of resources.

SEC. 6. Establishment of Emission Control and Standards, Road Safety and
Inspection and Maintenance. — The State shall endeavor to achieve a smoke-free,
accident- free and effective road safety management system. In line with this, the
existing motor vehicular standards set by the DOTr and the DENR on emission, fuel
economy and roadworthiness shall form part of the Sustainable Transport Action
Plan as consistent with the objectives of this Act. The DOTr, in coordination with
related agencies, shall strictly implement these emission standards and conduct
stronger road apprehension.

a.) Emission Control and Standards. — Pursuant to Philippine Clean Air Act of

1999 or Republic Act No. 8749, the DOTr, through the Land
Transportation Office (LTO), shall conduct the vehicle test for emissions
utilizing the Motor Vehicle Inspection Station (MVIS) as well as establish a
roadside inspection system to ensure that vehicles comply with the
emission standards.

b.) Road Safety Program. - 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.
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.

SEC. 7. Use of Alternative Energy and Cleaner Fuels. - The Department of
Energy (DOE), in coordination with the DOTr and the DENR shall formulate
strategies towards vehicular modernization and use of alternative energy and cleaner
fuels, such as but not limited to Compressed Natural Gas (CNG) fueled Buses and
Electric Motor Powered Vehicles, pursuant to 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 availability, viability, safety,
sustainability, energy resilience and fuel efficiency of these alternative energy and



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leaner fuels shall be taken into consideration, as well as transparency and route
measured capacity in relation to the issuance of provisional authorities or franchises.

SEC. 8. Non-Motorized Transportation. - The DOTr shall develop policies and
guidelines that promote non-motorized transportation such as walking and bicycling,
and variants such as the use of strollers, small-wheeled transport (skates,
skateboards, push scooters and hand carts) and wheelchair travel to meet 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.

a.) Installation of Walkways. — Each LGU shall maintain adequate sidewalk
areas on roads frequented by pedestrians 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.

b.) Designation of Bike Lanes. - Each LGU shall designate a bike lane
measuring at least one (1)-meter wide on the rightmost portion of major
roads within its jurisdiction which shall be clearly marked as such and
segregated from all vehicular traffic lanes by a yellow dividing line.
Currently designated bike lanes shall be assessed for safety and
connectivity and shall be subject to measures that will improve the same.

The designated bike lanes shall be for the preferential or exclusive use of
bicycles. All motorized vehicular traffic shall not be allowed to use the bike
lane at any time of the day. The right of way of bikers shall be paramount
at all times and may not be obstructed by a parked or standing motor
vehicle or other stationary object, even in intersections.

¢.) Provision of Bicycle Parking Spaces and Bike Racks. - The DOTr shall
establish guidelines on the minimum supply of bicycle parking spaces and
bike racks in buildings and other facilities, taking into consideration the
Population of the short-term or long-term dwellers in the area. The
owners of these establishments shall be required to provide for such.



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SEC. 9. Public Transportation. - The DOTr 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. Better public transportation initiatives shall be
studied and implemented in an effort to reduce the impact of fossil fuel on our
environment and financial markets, provide high quality but affordable transport
services as well as help reduce energy costs and pollution. Further, a unified and
automated fare collection shall, as much as possible, be established amongst all the
available forms of public transportation.

The DOTr shall conduct a Land Transportation Rationalization Study which will
scientifically determine the actual need for public transportation in the various
routes. This study shall objectively determine the actual number of public buses,
jeeps, taxis and other public utility vehicles (PUVs) needed by the public in a certain
route, road, street, locality or area. After completion, the study will be used as the
basis for the Land Transportation Franchising and Regulatory Board’s (LTFRB)
issuance of the franchises for all the PUVs and grant of authority to operate as a
vehicle for hire.

a.) Commissioning of a "Bus Rapid Transit (BRT) System.” - The DOTr shall
Prepare a study commissioning the creation of a Bus Rapid Transit (BRT)
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, may 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.

b.) 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 DENR, in coordination with the DOTr, shall study and initiate
the establishment of a ferry system in navigable bodies of water which
may be operated by the said authority or bid out to a private contractor.

SEC. 10. Transportation Demand Management Programs. - The DOTr, in
Coordination with the Department of Labor and Employment (DOLE), Department of
Education (DepEd), Department of Trade and Industry (DTI) and one representative
each from the civil society, transport sector and the youth, shall come up with
guidelines on transport demand management programs that will reduce the volume
of cars and motorized transport in the roads as well as enhance and encourage



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students and workers to use the public transport system. These 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.

SEC. 11. Facilities. - The DOTr, in coordination with the DPWH and the LGUs
concerned, shall carry out an investment program that will encourage a shift to
sustainable transport within selected communities by providing safe and convenient
options to bicycle and walk for routine travel, and for other purposes. Transit-
oriented development, supporting facilities for non-motorized transportation,
intermodal connectivity and public transportation shall be developed in accordance
with the land use and transportation plan.

SEC. 12. Public Health Program. - An Inter-Agency Taskforce composed of
the DOTr and the DOH shall be created to lead the formation and the
implementation of a Transportation and Health Impacts Program. The taskforce shall
formulate strategies for the reduction of the negative heath and environmental
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 taskforce shall
regularly monitor and evaluate these strategies.

SEC. 13. Education and Research Programs. - The DOTr and the NEDA 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. Technical assistance may be provided to other government agencies
and private sector representatives involved in the transport system.

The DOTr shall also conduct a continuous public consultations and social
impact assessments amongst stakeholders affected by the Sustainable Transport
Action Plan. Social safety nets shall be carefully studied, formulated and
implemented, as needed.

SEC. 14. Financing. - The DOTr, 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

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public transport systems. Public-private partnerships shall also be encouraged in the
development of transportation improvements.

Further, the revenues collected pursuant to 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 used for the implementation of this Act.

SEC. 15. Implementing Rules and Regulations. — The DOTr shall be the main
implementing agency for this Act.

SEC. 16. 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.

SEC. 17. 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.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after
Publication in at least (2) newspapers of general circulation.

Approved,