PRESENT ATIVES

Republic of the Philippines

REC D
07 SEP 2016
HOUSE OF REPRESENTAT! TE

Quezon City
SEVENTEENTH CONGRESS
HOUSE BILL no3 43 SPE
Introduced by Representative Florida P. Robes
EXPLANATORY NOTE

This legislative proposal secks to regulate the distribution of water supply for
domestic consumption by setting the standards in the administration, management and
distribution of water by water service providers in the country. This has been driven by
the widespread water service inadequacies and the very expensive water rates,
aggravated by an impending and looming water crisis throughout the world.

‘As reported out in the Water Forum sponsored by the Water Policy Reform
Program-World Bank Institute in Netherlands on November 30, 1999; the use of water
has increased over the past few decades while the availability of water is falling to crisis
levels, further exacerbated by the rise in the costs of water infrastructure, deterioration
of the quality of water in river and underground sources which have been polluted by
waste and contaminants from cities, industry and agriculture, destruction of the
ecosystems and the lack of safe water for over one billion people. Ismael Serageldin,
former Chairperson of the World Commission on Water, added that more than one-half
of the world’s major rivers are being seriously depleted and polluted, degrading and
poisoning the surrounding ecosystems, thus threatening the health and livelihood of
people who depend upon them for irrigation, drinking and industrial water. Many years
have passed since this forum but the problems still persist. Now, we are indeed at the
verge of a water crisis.

Meanwhile, our country has committed to achieve the objectives of the recently
concluded Millennium Development Goals, specifically on the provision of potable and


safe water supply to the people. Despite policy statements expressing a commitment to
universal access and affordability of water supply services, the goal of providing and
delivering an adequate level of water service to large fractions of the resident population
has failed tremendously. Many of the regions in the country remain practically
“waterless” despite the fact that our country is abound with rich water resources,
including rainwater. The present legal framework on water supply management does
not contain specific “pro-poor” provisions.

In regulating the water industry, the various challenges and constraints
experienced by regulators, service providers and low-income households are very
critical in the success of water reform policies. Legislative interventions, with special
consideration and regards to the needs of poor and vulnerable members of the
community must be institutionalized.

The overall policy objective of this proposal is to make water for domestic
purposes readily available and affordable to the poor and marginalized. In order for it
to be successful, government institutions must intervene, in partnership with service
providers in both private and public sectors. This bill also provides alternative water
resources in cases of water shortages during dry spells such as storing of rainwater for
public consumption during rainy seasons. Seriously, there is an impending water crisis
throughout the world. It is getting worse as days go by unless corrective action is taken
by stakeholders and agency partners from the water industry, with the active
involvement of the consuming public. With this measure, water crisis in the country can
be thwarted. Hence, its approval is earnestly sought.

FLO) A P. ROBES


oe

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS

HOUSE BILL NO38 482

Introduced by Representative Florida P. Robes

AN ACT SETTING THE STANDARD FOR THE DISTRIBUTION AND
OPERATION OF WATER SUPPLY FOR DOMESTIC PURPOSES

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

SECTION 1. Title. This Act shall be known as “Domestic Water Supply Act”.

SEC. 2. Declaration of Policy. It is hereby a declared policy of the State to
regulate the provision of potable water to communities by supporting the promotion of
sustainable water services through financial and technical assistance in the execution of
water supply projects and encouraging public and private partnership in the
management and construction of water facilities by setting standards for the provision
of water for domestic purposes. The right to safe drinking water is a universally
recognized basic human right which is interwoven with the right to an adequate
standard of living and inextricably related to the right to the highest standard of physical
and mental health, as well as the right to life and human dignity.

Appropriate measures that will give full life to the implementation of the right to
water must be reaffirmed by the State through continuous monitoring on the status of
the right to safe drinking water on the basis of availability, acceptability, accessibility
and affordability. The enactment and adoption of legislative measures to achieve
progressively the full realization of the right to safe drinking water must be prioritized
and existing policies, programs and activities in the sectors of water must be reassessed,
re-examined and revised to make it consistent with human rights standards and
privileges while the governance of water resources as well its distribution and use must
be made transparent.

SEC. 3. Regulation of Water Rates and Tariffs. - Water rates and tariffs
shall be regulated in accordance with the income of the consumers; provided it will not
affect the efficiency of water delivery system. There shall be no increase in water rates
and tariffs until there is an improvement in the quality and efficiency of serv Areas
where water pipes or sewerage systems pass through or where water source i



shall be entitled to at least 10% of the annual collection of the water to be allocated for
subsidies for low-income water consumers.

SEC. 4. Government Intervention.- Whether water supply for domestic
consumption is a public or a private enterprise, government and its instrumentalities
must closely be involved in the effective and efficient utilization of water resources and
their distribution for public consumption.

a. The Chief Executive. - The President of the Republic of the Philippines is
vested with control of water resources on behalf and in trust for the Filipino
People. A such, he has the sole authority to divert, dam, store, abstract or use
water resources, construct or maintain works for the use of water resources,
He may grant condonation of loans to local water districts which failed to
settle their financial accountabilities from the Local Water Utilities
Administration (LWUA), provided only the expenses incurred for the
distribution of water for domestic consumption shall be condoned.

b. The Local Water Utilities Administration. As mandated by law to
promote and oversee the development of water supply systems in cities and
municipalities outside Metropolitan Manila and a primary lending source of
local water districts, it shall also be responsible for the regulation,
management and coordination of local policies in connection with water
supply for domestic usage. It shall propose comprehensive plans for the
utilization, conservation, development and improvement of local water
resources to local water districts, as well as initiate, control and coordinate
activi related to the development of water resources; monitor and evaluate
programmes for the operation and maintenance of water resources in the
country; and advise the government on issues that are likely to adversely

affect water resources.

In coordination with the Department of Health (DOH) and the Department of
Natural Resources (DENR), it shall act on an application for a water right by
conducting public consultation to ascertain the people’s views on the grant of
a water right and by publishing the appliction in the Official Gazette and two
newspapers of national circulation to allow anyone who has an interest or
objection to the application to indicate and manifest the nature of their
interest or objection. They can also suspend the water right previously
granted if it interferes or alters the flow of water, or pollute water resources.

c, The Department of Health. Where DOH believes, based on a reliable
study, that the use of a water resource by a local water district or a private
water service provider or even private individuals poses a threat to public
health, it shall issue a notice ordering authorities to stop the use of the water
resource and its distribution.

d. The Department of Environment and Natural Resources. As the
government's arm tasked in the formulation, implementation and monitoring


of policies on all aspects of the environment, DENR shall issue environmental

s and pollution abatement notices in ‘order to control waste discharges
ions and to prevent or reduce water pollution. It shall ensure that
water service providers comply with environmental impact assessments of
their development plans.

e. Local Government Units. Local Government Units (LGUs), with the
supervision of the Department of the Interior and Local, shall promote
productive activity and social development in their respective areas by
removing all impediments to the construction of basic water infrastructures
and providing municipal works and services required in the improvement and
management of human settlements and the environment. They shall ensure
that there is adequate and affordable supply of water. If necessary, provide
water subsidy to the marginalized residents. At the barangay level, barangay
officials must mobilize their respective constituencies in the initiation,
implementation and monitoring of self-help water supply projects such as
water pumps or rainwater catchments.

Sec. 5. Consumption of Water from Traditional Sources. With regard to
the use of water from wells, streams, rivulets, lakes, and rivers, being a public domain,
local government authorities of the area where the traditional water source is located
shall ensure that it is conserved and its quality maintained by formulating policies which
are not in contravention to customary or religious practices associated with that
particular traditional water source. As there are serious health implications in fetching
water from traditional water sources due to possible contamination with bacteria and
virus causing water borne diseases, the local health and sanitation office shall examine
the water coming from that source on a regular basis.

Digging of wells, whether in public or private land, shall be authorized by the
local government authorities. Public wells are for the consumption of the communities
where such wells are dug while owners of private wells are encouraged to share the
resource at their own volition. If local health inspectors discover that the water from the
wells are unfit for human consumption or has been contaminated, they shall issue a
restraining order to prevent people from collecting water from the said contaminated
wells. After a careful study and investigation and the water will not be freed of
contaminants, the local government authority shall order the destruction of the well for
public safety.

Sec. 6. Regulation of Water Refilling Stations. Due to the commodification
of water which has added burden to the marginalized sector who cannot afford to buy
distilled, purified or mineral water which purports to be safer than tap water, local
government units, through the local health and sanitation offices and the regional
offices of the Department of Trade and Industry, shall ensure that the water is safe to
drink and the cost is affordable by regularly assessing the facilities and equipments of
water refilling stations and the pricing to safeguard the health and well-being of
consumers,


Sec. 7. Domestic Water Supply Governance Mechanism. Since irregular
supply and shortages of water supply is frequent and prevalent in almost all locations in
the country and people are forced to pay huge water bills, various strategies may be
employed to deal with water supply interruptions but with limitations and restrictions
such as water rationing, but the water is not usually potable; the installation of water
tanks which is expensive; and rainwater storing which may pose dangerous health
implications.

To avert these eventualities, local water districts, in coordination with LWUA and
LGUs concerned, shall institute a mechanism that will ensure continuous water supply
and issue regular advisories in cases of water interruptions, except if such interruption
was not foreseen. Regular monitoring of pipes and sewerages shall be done
conscientiously to ensure that water is safe for domestic consumption.

A prepaid water metering system shall be implemented to prevent discrimination
against households whose income may not warrant the approval of an application for a
water service line.

Rainwater harvesting shall be encouraged by instituting a centralized rainwater
catchment systems in the different regions of the country, rather than having people
store water in buckets and containers which are prone to insect infestation such as
mosquitoes and flies. Same system can be adopted in order to prevent the overflowing
of dams which cause tremendous flooding during rainy seasons.

Sec. 8. Prohibition on the Construction of Infrastructures near Water
Resources. —The construction of residential houses, public toilets, and other
establishments within proximity of water resources, as well as dumping of wastes and
garbage is hereby prohibited and violation of which shall be penalized in accordance
with existing laws.

Sec. 9. Consumer Perception and Satisfaction. Local water districts or
suppliers shall guarantee the satisfaction of its customers at all times by conducting
regular surveys regarding the quality of service and management to enable them to
improve on the operation of water delivery system.

Sec. 10. People’s Participation. The community shall also do its counterpart
in the maintenance of the provision of water by participating in water supply
programmes aimed towards the conservation and sustainability of water resources by
reporting to local water districts any illegal water connection or water leakages
immediately. The contribution of local communities to the success of water programmes
shall never be under-estimated as they bring a wealth of knowledge about the local
environment that can never be provided by an outsider.

Sec. 11. Water Policy Reforms. — Government institutions mandated to
manage water resources shall effectively institute regulatory policies and mechanism to
ensure that regulatory bodies and water industry actors act reasonably and do not abuse


their powers. Public consensus on proposed water policy reforms shall be taken into
consideration as reforms which do not have local support are unlikely to succeed. The
problems of the poor and marginalized in the design of programs for water supply
accessibility and affordability must be given special emphasis. Further, proper
interaction between researchers and policy makers shall be encouraged in order to give
impetus to the development of strategies in the enhancement of the delivery of water
supply for domestic consumption. Policy makers are duty bound to clarify issues that
are difficult to comprehend while researchers may develop models through which public
policy can be assessed.

Sec, 12. Budgetary Allocation. The national government shall provide
financial assistance to local governments in the construction of water service facilities
and the improvement of the quality of service, including the maintenance and operation
of local water districts, as well as include in the programs and services of government
agencies mandated to protect and conserve natural resources and to alleviate the
impoverished lives of the marginalized and low-income earners water projects.

Sec. 13. Implementing Rules and Regulations. The LWUA, in coordination
with the DILG, DOH, DENR, association of local water districts, and other national
agencies and private stakeholders to be determined by LWUA shall formulate the rules
and regulations necessary to implement the provisions of this Act within six (6) months
of its effectivity.

Sec. 14. Penal Provision. Any person, natural or juridical, who violates or
fails to comply with any of the provision of this Act shall be punished with a fine of not
less than One Hundred Thousand Pesos (P100, 000.00) and/or imprisonment of not
less than six (6) months but not more than two (2) years, or both at the discretion of the
court. If the offender is a public official, he/she shall, in addition to the penalties stated
above, be dismissed from government service.

SEC. 15. Separability Clause. — If any provision of this Act is found to be
unconstitutional, the remainder of this Act shall remain valid and subsisting.

SEC. 16. Repealing Clause. - All laws, decrees, executive orders, and rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 17. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,