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

EIGHTEENTH CONGRESS
First Regular Session

653
HOUSE BILL NO. g 5

INTRODUCED BY REP. JB BERNOS

EXPLANATORY NOTE
The Abra River is the sixth largest river system in the Philippines in watershed size.
Its drainage area is estimated at 5,125 kilometers with a length of 178 kilometers from its
source at Mt. Data in Benguet Province. Along with its primary tributary, the Tineg River,
Abra River traverses various localities in the landlocked province of Abra down to
neighboring Hocos Sur. It is a lifeline for many people who live near the Abra River:

fishermen, farmers, budding businesses and major industries.

Back in the 1970s, the upper Abra River was classified as Class A while the lower part
of the river was categorized as Class B, which generally renders it suitable for domestic use.
Sadly, developmental tradeoffs are fast catching up with the torrents of the mighty Abra
River. As early as 2005, chemical analysis of the Abra River water condition conducted by
experts from the St. Louis University revealed that it has dangerously high levels of
substances hazardous to humans. The situation gets even worse every year. This is primarily
attributed to uncontrolled industrialization, forest denudation, mining and rapid
population growth. Moreover, because of poor drainage and lack of comprehensive flood
control systems, the river inundates homes, farmlands and communities paralyzing the

local economy and sometimes claiming lives of many during the typhoon season.


In 2014, former Representative Maria Jocelyn Valera-Bernos of the Lone District of
the Province of Abra filed House Bill No. 4937 seeking the creation of the Abra River Basin
Development Authority. While it had the same intent as this proposed measure, certain
modifications had to be introduced to properly reflect actual issues that threaten the ecology
and beneficial use of the Abra River. House Bill No. 5641 filed by the Honorable Jose
Christopher Belmonte also served as a guide in the organizational and operational structure

of the proposed Abra River Basin Development Authority.

Through this bill, we will save the northern Philippines’ most important water
network by regulating commercial and residential activities affecting the Abra River. The
bill will help ensure that the discharges do not exceed the allowable established limits for
the river's natural waste assimilation capacity. A long-term Abra River Rehabilitation
Roadmap and Master Plan will also be adopted to ensure that the people are well guided in

all sorts of developments while still maintaining the liveability of the nearby communities.

This bill also welcomes the participation of the private sector as members of the
board of directors. Public-private sector partnership is likewise considered as the

government opens up, not just management, but also financing options.

Our children and the generations after them deserve the generous bounty that a

clean, healthy and safe Abra River has to offer.

To save the Abra River from imminent degradation, immediate passage of this bill is

earnestly sought.

iP. JB BE
Lone District,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2653.

INTRODUCED BY REP. JB BERNOS

AN ACT
CREATING THE ABRA RIVER BASIN DEVELOPMENT. AUTHORITY,
PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR

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

SECTION. 1. Short Title. ~ This Act shall be known as the “Abra River Basin
Development Authority Act.”

SI

Declaration of Principles and Policies. ~ It is the policy of the
State to protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature. Toward this end, the State shall
purstie a policy of sustainable economic growth in a manner consistent with the
protection, preservation and revival of the quality of our river systems.

‘Toward this end, the State shall pursue a policy of sustainable economic growth
in a manner consistent with protection, preservation and revival of our river systems
including the Abra River. It shall likewise ensure the implementation, management and

overs

ight of the adoption of ne

ry Measures and programs on flood control and

drainage system in all the river systems connected to the Abra River Basin System to
eliminate the adverse effects of typhoons and floods during rainy season and protect its

ecology from pollution caused by mining and various industrial activities in the area.


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SEC

Definition of Terms. — As used in this Act:

a) Discharge includes the act of spilling, leaking, pumping, pouring, emitting,
emptying, releasing or dumping of any material into a water body or onto land from
which it might flow or drain into the water;

b) Effluent refers to sewage passed into a body of water or land or industrial
wasle or wastewater flowing out of a manufacturing plant, industrial plant and domestic

household including commercial and recreational facilities;

©) Geographic Information System (GIS) Mapping refers to computerized

data management s1

lem to capture, store, manage, retrieve, analyze, and display
spatial information in which data are geo-reterenced to the coordinates of a particular

projection

yystem which allows precise placement of features on the earth’s surface and
maintains the spatial relationships between mapped features such as slope, soils,
hydrography, bathymetry, demography, wetlands and land use which can be combined
to develop maps suitable for regulatory and planning decisions;

d) Hazardous waste refers to solid waste or combination of solid waste
which, because of its quantity, concentration, or physical, chemical or infectious
characteristic, may cause or significantly contribute to an increase in mortality or an

increase in

serious irreversible or incapacitating illness, or pose a substantial present or
potential hazard to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed; and

©) Land swapping refers to the process of land acquisition by exchanging
land for another piece of land of equal value or for shares of stock in a government or
quasi-government corporation whose book value is of equal value to the land being
exchanged, for the purpose of planned and rational development such as provision for

wastewater treatment facilities and socialized housing where land values are determined


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based on land classification, market value and assessed value taken from existing tax
declarations and wherein valuable lands owned by private persons may be exchanged
with less valuable lands.

SEC. 4. Abra River Basin Development Authority. — ‘There shall be

created under the Office of the President, an independent regulatory body possessing

corporate attributes with quasi-judicial and quasi-legislative powers to be known as the
Abra River Basin Development Authority, hereinafter referred to as the “Authority.”
‘the Authority shall be the primary government agency that shall coordinate, plan,
manage and implement the development programs and resource utilization in the Abra
River Basin System. The Authority shall execute the powers and functions vested and
conferred by this Act.

The Abra River Basin §

‘em consists of all barangays located along the Abra
River, Tineg River and its tributaries and areas adjacent to them in the Provinces of
\bra, Benguet and Hocos Sur that drain to or branch out from the Abra River and the
industrial, commercial, business, residential, recreational and other private and public
areas contiguous to the environmental preservation areas, as may be determined by the
Authority.

SEC.

General Policies. — in the exercise of its powers and duties, the

Authority shall be guided by the following policies:

a) ‘The rehabilitation and sustainable development of the Abra River Basin
System shall be given due importance to preserve, protect and develop Abra River's

ecological balance;

b) ‘The preparation, development and implementation of a comprehensi

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and detailed 25-year Abra River Rehabilitation Roadmap and Master Plan based on the

framework of sustainable water management shall be prioritized in consultation and


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coordination with the local government units (LGUs), Department of Environment and
Natural Resources (DENR), Department of Interior and Local Government (DILG),
Department of Public Works and Highways (DPWH), National Economic Development

Authority (NEDA) and other appropriate government agencies and stakeholders;

ce) Consistent with the 25-year Abra River Rehabilitation Roadmap and
Master Plan, the implementation of short and medium-term programs, activities and
projects to attain the objectives of this Act shall be prioritized, which is, among others,
to transform and upgrade the water quality of the Abra River Basin System to Class B
water quality classification;

d) Mining laws and regulations, including Republic Act No. 7492, otherwise

known as the “Philippine Mining Act of 1995” and Executive Order No. 79, Series of

2012, among others, shall be implemented to regulate commercial, industrial and
similar activities in areas along Abra River and its major tributaries;

) Participation and role of the LGUs specifically the barangays in the
implementation and enforcement of existing environmental laws such as Republic Act

No. 9275,

otherwise known as the “Clean Water Act of 2004” and Republic Act No.
9003, otherwise known as the “Ecological Solid Waste Management Act of 2000,” shall
be strengthened to renew the ecology of the Abra River;

i) Participation of the private sector and civil society organizations in
transforming the Abra River Basin System into a conducive environment for recreation,
business and other productive uses shall be encouraged through private sector-driven
and cleaner technology-based investments in ecosystem development;

8) Planning, programming, social preparation and adjustment, relocation or
resettlement of the population from the declared environmental preservation areas

(EPAs) of the Abra River Basin System shall be implemented in coordination with


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appropriate government agencies and LGUs to ensure that relocation and resettlement
areas have permanent access to adequate basic social services and livelihood

opportunities; and

h) Ma:

ve information and education campaign shall be conducted to
amplify stakeholder awareness and voluntary participation on the importance of
environmental restoration, rehabilitation, protection and conservation of the Abra River
Basin System in close coordination with LGUs and other government agencies.

SE

"6. Powers and Functions. — The Authority shall exercise the

following powers and function

a) Work closely with the DENR, DPWH, National Irrigation Administration
(NIA), Department of Agriculture (DA), and the Provincial Government of Abra to
ensure the provision for adequate, dependable and reliable wastewater treatment
facilities and sewerage systems in all their authorized service areas, particularly, in the
unserved and under-served communities and barangays within the Abra River Basin
System:

b) Periodic:

conduct comprehensive scientific surveys, studies, field
sampling and laboratory testing, and GIS-mapping of the Abra River Basin System, in
coordination with the Department of Science and Technology (DOST), DENR-
Environmental Management Bureau (EMB), and National Mapping and Resource
information Authority (NAMRIA) to monitor, evaluate, update and analyze among
others, the physical, biological, chemical, hydrologic, bathymetric and hydrographic

characteristi

s including socio-economic profile of the stakeholders, trade, industrial
and commercial profile, status of the national government agency and LGU programs

and projects, biometric tagging and identification of informal settlers, parcellary land

use and zoning aspects, mapping of critical effluent discharge areas, and transportation

and navigation attributes, historical and tourism elements;


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©) Engage the services of the private sector through the Public-Private
Partnership (PPP) process or through the Built Operate and Transfer (BOT) Scheme
under Republic Act No. 6957, entitled “An Act Authorizing the Financing Construction,
Operation and Maintenance of Infrastructure Project by the Private Sector, and For
Other Purposes,” or other acceptable forms of partnership and agreements in
establishing its own water quality laboratory, environmental, biological and
microbiological laboratory, GIS-mapping system, surveillance, monitoring and
enforcement system through high-definition closed circuit televisions or other
surveillance and monitoring technologies and new technologies on highly-specialized
fields including sewerage and sewage treatment systems which require the expertise
and investment of the private sector;

4) Engage in land swapping in securing relocation and resettlement areas,
and in sludge or contaminated sediment disposal and treatment sites whenever
necessary, whether by itself or in cooperation with private Persons or entities, enter into
other acceptable exchange agreements related to social and ecological development
projects;

ce) Engage in experimental community-based integrated wastewater

management technologies and strategies including the collection and disposal system,

sewage and septage treatment, collection and disposal of floating garbage, solid waste
by-products, sludge or contaminated sediments;
) Identify, secure and possess near-site or on-site development areas for

low-cost and socialized m:

housing of qualified informal settler families;

g) Clear and dismantle all illegal structures, in coordination with the local
government units, DILG and Philippine National Police (PNP), and ensure that the
easements provided for in this Act and other related laws are enforced, especially in all

the esteros and waterways that drain into and branch-out of the Abra River;


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h) Formulate and implement the comprehensive Abra River Rehabilitation
Roadmap and Master Plan with the help of the NEDA and other agencies or entities;

i) Review all plans, projects and programs on the Abra River Basin System
and the expansions thereto including those submitted by LGUs, public corporations,
public utility franchisees, concessionaires, private persons or corporations that relate to
the development of the Abra River Basin System to ensure that they conform to
environmental standards prescribed by the Authority and other environmental laws;

}) Through proper coordination with the DPWH and other appropriate
government agencies, implement infrastructure projects such as flood control, solid
waste management, wastewater and sewerage, water supply, access roads, access ports,
housing, leisure parks and related works within the context of its master plan including
the readjustment, relocation or resettlement of population within the Abra River Basin
System that may be deemed necessary and beneficial in pursuit of its mandate. In case
any of these projects is financed wholly or in part by the Authority, it shall have
authority to collect fees and tolls from users or beneficiaries to recover costs of
construction and maintenance of the projects. Infrastructure projects which are in the
nature of social overhead capital projects shall be entitled to receive the corresponding
financial assistance from the government;

k} Implement, in coordination with the Philippine Reclamation Authority
and the LGUs, dredging or reclamation projects;

}) Conduct, in close coordination with the DENR, DOST, the academe and
other private and public research institutions, continuing research and development
programs on water quality management technologies, integrated water resource
management models and techniques, and appropriate wastewater technologies, with the

end view of promoting sustainable development;


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™m) Without prejudice to existing environmental laws, establish and enforce
anti-pollution standards and water quality guidelines on domestic, municipal,
commercial and industrial wastewater and effluents being discharged into the river
system;

4) Adopt rules and regulations governing the approval of sewage works and
industrial waste treatment and disposal systems and the issuance of clearances or
permits in accordance with the provisions of this Act and inspect the construction and
maintenance of sewerage works and industrial waste treatment and disposal systems in
compliance with clearance or permit conditions;

0) Require all projects or activities affecting the Abra River Basin System to
secure environmental compliance certificates (ECCs) required under Presidential Decree
No. 1586 and grant clearances and permits for projects and activities within or affecting,
the Abra River Basin System including industrial and commercial activities, recreation
and tourism, navigation, housing and other forms of land developments, construction
and operation and impose necessary safeguards, management and control of

wastewater and collect necessary fees for such activities and projects;

p) Issue, renew or cancel permits, subject to reasonable guidelines, for the
discharge of sewage, septage, industrial waste and installation or operation of sewerage
works and industrial disposal systems or parts thereof, for the prevention and
abatement of pollution;

my) Require mining companies within the territorial jurisdiction of the
Authority to utilize allowable mining wastewater treatment systems, technologies on
treatment of contaminated fresh surface waters, practice onsite reduction of metals, and

control, contain and manage mine tailings that, as much as possible, must not be

discharged to the Abra River or any of its tributaries;


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r) Require subdivisions, condominiums, clinical and medical establishments,
mortuaties, car and motor repair shops, private and public markets, abattoirs, private
and public buildings and other similar structures within the Abra River Basin System to
construct and provide appropriate individual and decentralized wastewater and sanitary
treatment plants, or centralized sewerage systems and sewage treatment facilities, ‘The

Authority shall impose reasonable fees and other similar charges for the

renewal of all the required permits;

s) Impose annual fees or levies in the form of local tax on all industrial and
commercial users of the Abra River and its tributaries as well as the esteros branching,
from and draining into the Abra River;

v Issue, after due notice and hearing, orders or decisions to compel
compliance with the provisions of this Act and its implementing rules and regulations;

u) Issue, alter or modify, after due notice and hearing, orders decisions
requiring the discontinuance of pollution specifying the conditions and the time within

which such discontinuance must be accomplished;

¥) __ Revoke, suspend or modify, after due notice and hearing, any clearance or

instrumentaliti

s for the purpose of enforcing the provisions of this Act and its
implementing rules and regulations;

w) Deputize or request the assistance of appropriate government agencies or
instrumentalities for the purpose of enforcing the provisions of this Act and its
implementing rules and regulations and the orders and decisions of the Authority;

x) Enter, inspect or investigate at all reasonable times any public and private
property devoted to commercial and industrial use within the Abra River Basin System,
on any matter relating to pollution and existing or imminent environmental hazard and

danger;


y) Fix, impose, collect, periodically review and adjust reasonable fees and
other related charges for services rendered in the performance of its mandate; and

*) __ Exercise powers and perform other functions as may be necessary to carry
out its duties and responsibilities under this Act.

SEC. 7. Corporate Powers. — The Authori

shall exercise the following

corporate powers:
4) Sueceed in its corporate name;
b) Sue and be sued in its corporate name;

© Adopt, alter and use a corporate seal;

4) Adopt, amend or repeal its by-law:

©) Enter into, make, perform and carry out contracts of any class, kind and

description with any person, firm or corporation, private or public and with foreign
government entities which are necessary or incidental to the realization of its purpose;
1) Acquire, buy, purchase, hold or lease such personal and real property as it

deems necessary or convenient in the transaction of its business or to lease, mortgage,

sell,

lienate or otherwise encumber, utilize, exploit or dispose of any such personal and
real property held by it, subject to prior or existing individual or communal right of
private parties or of the government or any agency or enterprise thereof. No real
property within the Abra River Basin System shall be sold or disposed of without the
approval of the President of the Philippines;

ra Receive and utilize donations, grants, bequeaths and assistance of all kinds
trom local and foreign governments and private sectors;

hy Exercise the right of eminent domain whenever the Authority deems it
necessary to carry out the objectives under this Act;
i) Borrow funds from any local or foreign sources independent of the bonds

it may issue to carry out the purposes of this Act;
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i) Purchase, hold, alienate, mortgage, pledge or otherwise dispose of the
shares of the capital stock of or any bond, securities or other evidence of indebtedness
created by any other corporation, co-partnership or government agencies or

instrumentalitie

‘The Authority shall not invest its funds in any high risk instruments
or in any highly speculative stocks issued without recourse to commercial banks or
investment houses;

ky Perform any acts which a corporation or a juridical person is authorized to
perform under the existing laws;

1) Provide incentives to encourage the private sector to fully subscribe to its
shares of stock; and

m) Issue such other rules and regulations as may be deemed necessary to

carry out the purposes of this Act.

8. Board of Directors. ~ The corporate powers of the Authority
shall be vested in and exercised by a Board of Directors, hereinafter referred to as the
Board, which shall be composed of the following:

4) General manager of the Authority, as chairperson;

b) Secretary of the DENR, as ex-officio vice-chairperson;

©) Secretary of the DPWH, as ex-officio member;

d) Secretary of the DILG, as ex-officio member;

e) A representative from the Office of the Governor of the Province of Abra;
and

1) Two (2) representatives from the private sector who are shareholders or
stakeholders in the Abra River, as members.

‘The ex-officio members of the Board may designate the officer next in rank as a

permanent alternate representative to the Board.

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The appointment and qualification of the members of the Board shall be in
accordance with the provisions of Republic Act No. 10149, otherwise known as the
“GOCC Governance Act of 2011.” The Governance Commission for Government-Owned
or-Controlled Corporations shall give utmost consideration to the nominees
recommended by the general manager. ‘The general manager shall recommend at least

three (3) names for every vacant position.

Powers and Functions. — The Board shall exercise the following
powers and functions:

a) Provide a comprehensive policy guidance for the rehabilitation and
development of the Abra River Basin System;

b) Prescribe and promulgate policies, rules and regulations to govern the
conduct of business of the Authority and ensure that the Authority performs its
functions in a proper, efficient and effective manner;

©) Decide the objectives, strategies and policies of the Authority in
accordance with the provisions of this Act;

«) Exercise appellate powers on the decision of the general manager;

e) Issue subpoena ad testificandum or subpoena duces tecum requiring the
attendance and testimony of witnesses in any matter or inquiry pending before the
Board and requiring the production of books, papers, contracts, agreements and all

other documents;

i Exercise appellate powers to order the taking of depositions at any stage
of any proceeding or investigation pending before the Board;
8) Approve the organizational and administrative structures and the

corresponding staffing pattern of the Authorit;

; fix their reasonable compensation,
allowances and other benefits in accordance with the Salary Standardization Law;

prescribe their duties and establish such methods and procedures as may be necessary
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to ensure the efficient, honest and economical administration of the provisions and

purposes of this Act:

Provided, That all personnel of the Authority below the rank of the
gencral manager shall be appointed by the chairperson of the Board: Provided, further,
‘That the personnel appointed by the general manager, except those below the rank of
department heads, and others of comparable rank, shall be subject to the confirmation

of the Board: Provided, finally, That the personnel of the Authority shall be selected

only from those with civil service eligibility and shall be subject to civil service laws,
rules and regulations;

h) Approve the annual and supplemental budgets of the Authority and

e each operating and capital expenditures and disbursements as may be

‘ary for the effective management, operation and administration of the Authority;
i) Create and organize ad-hoc technical working groups composed of
representatives from the government and other stakeholders to assist the Board; and

i) Perform such other functions as may be necessary to carry out the

provisions of this Act.

10. Quorum. ~The presence of at least five (5) members of the Board
shall constitute a quorum and the majority vote of at least four (4) members in a
meeting where a quorum is present shall be necessary for the adoption of any rule,
ruling, order, resolution, decision or other act of the Board in the exercise of its

functions.

11. Board Meetings. ~ The Board shall meet regularly once a month
and may hold special meetings to consider urgent matters upon the call of the
chairperson or upon the initiative of five (5) members. The rules and procedures in the

conduct of Board meetings shall be prescribed by the Board.

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12, Per Diems. — ‘The members of the Board shall receive a per diem
for each meeting actually attended. The per diems of the members of the Board shall be

determined by the Board in accordance with the existing rules and regulations.

.13. General Manager. - The Authority shall be headed by a general
manager who shall be the chief executive officer and shall exercise the following powers
and functions:

a) Submit for consideration of the Board, the policies and measures that are
necessary to carry out the purposes and objectives of this Act;

b) Head and administer the Abra River Basin Adjudication Panel as the
implementing arm for the quasi-judicial powers of the Authority;

©) Execute, administer and implement the policies, plans, programs and
projects approved by the Board;

d) Manage and supervise the operation and administration of the Authority;

©) Appoint all officials and employees of the Authority below the rank of the

executive director and remove,

spend or otherwise discipline the same for cause, in
accordance with existing civil service laws, rules and regulations;

fy Submit quarterly reports to the Board on personnel selection, placement
and training;

g) Render an annual report to the Board and various stakeholders regarding
the operation of the Authority including its latest financial statements;

and

h) Represent the Authority in all its dealings with offices, agencies
instrumentalities of the government and with all persons and other entities, public or
private, domestic and foreign; and

i) Perform such other functions as may be provided in the by-laws and as

may be vested by the Board.

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‘The general manager shall be vested with the rights, privileges, disqualifications
and prohibitions of a general manager as prescribed by existing Position Classification
and Compensation Scheme, laws, issuances and pertinent civil service rules and
regulations.

Si

“14. Qualifications. ~ The general manager must be:
a) Acitizen and resident of the Philippines;
b) Atleast thirty-five (35) years of age;

©) With good moral character, unquestionable integrity and recognized

competence; and

d) A degree holder with at least five (5) years supervisory or management
experience in the field of public administration, economic planning, environmental
planning and natural resource management, or in the establishment and management

of large agricultural, commercial or industrial enterprises or other related fields.

SE

15. Term of Office. ~ The general manager shall be appointed by the
President of the Philippines and shall have a term of six (6) years which may be
extended for another non-extendible term of two (2) years. ‘The general manager shall
only be'removed for cause in accordance with the rules and regulations prescribed by
the Civil Service Commission.

SEC.16. Management Structure. ~ In carrying out the activities of the
Authority, the general manager shall be assisted by an assistant general manager and
four (4) department heads: one (1) for legal services, one (1) for administration and
finance services, one (1) for technical services, and one (1) for social development and
advocacy, who shall have such powers, duties and functions as the general manager may
preseribe or delegate. ‘The assistant general manager shall act as the general manager in
the absence or during the temporary incapacity of the general manager or until such

time that a new general manager has been duly appointed.
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‘The Authority shall have the following departments under the direct supervision

and control of the general manager:

a) Enforcement and Legal Service Department which shall provide legal
advice and support to all the corporate units on legal implications of the various
undertakings of the Authority. It shall also provide professional assistance in the
implementation of the quasi-judicial and regulatory functions of the Authority, which
include enforcement of environmental protection, proper procedures on investigation,
litigation, adjudication and voluntary arbitration. This department shall oversee and
manage the operations of barangay waterways water quality surveillance, monitoring
and enforcement units.

b) Administrative and Finance Department which shall be responsible for
providing services related to administrative support services such as consolidation of
major final output, preparation of personnel evaluation system, human resource
management, revenue planning, generation and enhancement, budget and financial
matters, records management, safekeeping of financial assets, and general services.

©) Technical and Environmental Management Services Department which
shall serve as the main regulatory and technical arm of the authority and shall oversee
the integration of the functions on river basin management and development, including

the management and operations of the GIS-Mapping unit and laboratories. This

department shall also be responsible for providing scientific studies, technical policy
planning, research and development, and technology management services.

) Social Development and Advocacy Department which shall be responsible
for resettlement and relocation of informal settlers including their social preparation. It

shall also be responsible for dissemination of information and educational campaign.

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iC. 17. Power to Administer Oaths. — The members of the Board, the
general manager and other duly designated officers of the Authority, shall have the
authority to administer oaths in the transaction and performance of their official duties.

SEC. 18. Consultative Assembly. — There shall be established a
consultative assembly which shall serve as venue for public consultations and
participation by stakeholders and presentation of the Authority's plans and programs or
modification, amendment or revision of rules and regulations prior to its adoption or
implementation within its jurisdiction. The consultative assembly shall be composed of
the following:

4) Mayors of the cities and municipalities comprising the Abra River Basin
System;

b) The president of the association of barangay captains in cities and
municipalities comprising the Abra River Basin System;

) A representative of owners, proprietors and authorized operators of all

major privat

commercial or industrial business establishments located in all barangays
comprising the Abra River Basin System; and
4) One (1) representative each for the homeowners associations, civil society

organizations and peoples’ organizatior

in the Abra River Basin System.

‘The Authority shall convene an annual year-end general assembly to report and
present its financial and fiscal status and updates on its plans, programs and projects to
its stakeholders and to the public. The required logistical support, such as food and
transportation allowances shall be provided to the members of the Board and the
consultative assembly during the meeting at the expense of the Authority subject to

government accounting and auditing procedures.

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1 SEC. 19. Additional Offices. — The Board may create additional offices it
2 may deem necessary for the effective implementation of this Act not later than twelve

3 (12) months trom the date of the effectivity of this Act.

4 SEC. 20. Enforcement Powers. — The Authority shall have enforcement

powers within the Abra River Basin System to carry out the functions and attain the
& purposes and objectives declared under this Act. The grant of such powers shall be in
contormity with the functions exclusively provided by law to be exercised by the PNP
8 and other government agencies. ‘The Authority may request the assistance of other law
9 enforcement agencies, including request for deputation as may be required. Such
10 enforcement power shall be exercised in connection with the operations of barangay

11 waterways) wi

er quality surveillance, monitoring and enforcement units, and
12 implementation of rules and regulations promulgated by the Board pursuant to the

8 authori

\y granted under this Act.

Power to Investigate Violations. ~ The general manager, motu
18 proprio or at the instance of a private person or the Board, may conduct investigations

1 based on the procedures that the Board may prescribe in accordance with the provisions

17 of the Rules of Court serving as supplemental guidelines.

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Cease and Desist Order. ~ ‘The general manager, after due
19 investigation, may issue a cease and desist order to immediately halt any practice found

Act.

20 to be in violation of the provisions of this Such order shall be without prejudice to

the civil or criminal prosecution of persons under the existing laws.

22 SEC

Abra River Adjudication Panel. ~ To carry out effectively the
23 quasi-judicial powers of the Authority, there shall be created an Abra River Basin
24 Adjudication Panel, hereinafter referred to as the “Adjudication Panel.” The

25 Adjudication Panel shall be composed of the general manager as the head, one (1) ex-

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officio board member and one (1) board member from the private sector, to be elected
by the board members from among themselves.

‘The Adjudication Panel shall have the following powers and functions:

a) Issue preliminary or permanent injunctions whether prohibitory or
mandatory, in all cases in which it has jurisdiction;

b) Issue subpoena and subpoena duces tecum and to summon witnesses to
appear in any proceedings of the Adjudication Panel, and administer oaths and
affirmations;

ro) Punish for contempt, both direct and indirect, in accordance with the
pertinent provisions of and the penalties prescribed by the Rules of Court;

d) Conduct investigations and hearings on the complaints for violation of the
environmental laws and of this Act, issue show cause orders, decisions or ruling and
impose fines and penalties for such violations;

e) Issue notices of violations or non-compliance, cease and desist orders and

other related orders necessary for the enforcement of existing environmental laws and
rules and regulations of this Act;

‘The Adjudication Panel is mandated to take cognizance and adjudicate violations
of this Act. Any decision, order or resolution shall be concurred in by the majority
members of the panel and duly signed by the general manager. The decision, order or
resolution of the Adjudication Panel may be appealed to the Board within fifteen (15)

days from receipt of the decisi

on, order or resolution. The decision of the Board may be
further appealed to any court of competent jurisdiction in accordance with the

sions of the Rules of Court.

pre

SEC. 24. Clean-Up Operations. — In addition to the provisions of Section

hereof, any person who causes pollution in or pollutes the Abra River or any of its

tributaries in excess of the applicable and prevailing standards shall be responsible to
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contain, remove and clean-up any pollution incident at the polluter’s own expense:
Provided, That in the event emergency clean-up operations are necessary and the
polluter fails to immediately undertake the same, the Authority, in coordination with
other government agencies concerned, shall conduct containment, removal and clean-
up operations. Expenses incurred in said operations shall be reimbursed by the persons
found to have caused such pollution upon proper administrative determination in
accordance with this Act. Reimbursements of the cost incurred shall be made to the

Authority's fund for the development of the Abra River.

Prohibited Acts. — The following acts are prohibited:

a) Discharging, depositing or causing to be deposited matter of any kind
directly or indirectly along the margins or the water of the Abra River, where the same
shall be liable to be washed into surface water either by the tide, storm, floods or other
pecurrences which cause water pollution or impede the natural flow of the Abra River;

b) Discharging, injecting or allowing to seep into the soil or subsoil any
substance in any form that would pollute the Abra River groundwater. In the case of

geothermal projects, subject to the approval of the Authority, the regulated discharge for

short-term activi

s such as well testing, flushing, commissioning, venting and deep re-
injection of geothermal liquids may be allowed: Provided, That safety measures are
adupted to prevent the contamination of the groundwater;

©) Operating facilities and discharging regulated water pollutants without the
valid required permits or under a revoked permit in violation of any condition imposed

by the Authorit

d) Disposal of potentially infectious medical waste into the Abra River and its

tributaries;

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©) Unauthorized transport or dumping of sewage sludge, solid waste, or
commercial, industrial and institutional waste into the Abra River and its tributaries and

waterways;

1) Transporting, dumping or discharging of prohi

ited chemicals, toxic
substances, hazardous and nuclear waste into the Abra River;

8) Operating facilities that discharge or allow to seep, willfully or through
gross negligence, prohibited chemicals, toxic, hazardous and nuclear waste, or
pollutants into the waterways wherein the same shall be washed into the surface and
ground water of the Abra River;

h) Undertaking activities, development and expansion projects or operating
wastewater and sewerage facilities in violation of Environmental Impact Statement
System established under Presidential Decree No. 1586 and its implementing rules and
regulations;

‘) Discharging regulated water pollutants without the valid required
discharge permit pursuant to this Act or after the permit was revoked for any violation
of the condition therein;

)) Refusal to allow entry, inspection and monitoring by the Authority;

k) Refusal to allow access by the Authority to relevant reports and records;

1) Refusal or failure to submit reports whenever required by the Authority;

m) Refusal or failure to designate pollution control officers whenever required
by the Authority in accordance with this Act; and

n) Directly using booster pumps in the distribution system or tampering with
the water supply in such a way as to alter or impair the quality of water.

SE

26. Penal Clause. ~ Any person who commits any of the prohibited
acts mentioned in Section 25 hereof or any rule and regulation promulgated pursuant

thereto shall be punished by imprisonment of not less than two (2) years but not more
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than four (4) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred thousand pesus (Pi0v,00v.00), or both. In case of failure or
refusal to undertake clean-up operations mentioned in Section 24 hereof, any person
who, willfully or through gross negligence causes serious injury, loss of life, or
irreversible water contamination of surface or ground water, shall be punished with

imprisonment of not less than six (6) years and one day to not more than twelve (12)

years

or a fine of Five hundred thousand pesos (P500,000.00) per day for each day

during which the omiss

jon or contamination continues.
If the offender is a corporation or a juridical person, the officers thereof who have

knowingly participated in the violation shall be held liable.

Incentives. ~ The Authority may provide incentives to. industries

and commercial enterprises that undertake nec

ssar'y measures to abate pollution

within the Abra River Basin

yystem and to the government agencies involved in the
construction of parks, river control structures, revetments along the river banks, anti-
pollution devices, contraptions, appurtenances, bio-remediation and containment
systems, cleaner technology systems for wastewater treatment and sewerage facilities

and solid-w

ste and garbage disposal systems, and other related equipment.

Investment incentives shall be provided by the Authority to the industries,
organizations and persons whose activities will enhance the utilization of the Abra River
and its environs such as clean-up operations, dredging and sediment removal or de-
siltation projects, recreation, tourism and other programs that will revive, improve and

enhance the ecological system of the Abra River Basin System.

Annual Fees. — The Authority shall be authorized to collect
annual fees from private business establishments, individual or corporation, including
residential establishments such as townhouses, apartments, hotels, condominiums,

condotels, medical hospitals and wet markets, both private and public, whose
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wastewater disposal facilities are connected to the sewerage system located within the
Abra River Basin System or which wastewater eventually drains or seeps to the Abra
River. The fees collected shall be used solely for rehabilitation and sustainable
development of the Abra River Basin System.

SEC. 29, Fiscal Autonomy. ~ The Authority shall enjoy fiscal autonomy.

All funds earned by the Authority from the collection or levy or from all fees, charges,

operations.
SEC. 30. Capitalizations and Financing. — The Authority shall have an
authorized capital of Four hundred million pesos (P400,000,000.00). The authorized
capital shall be divided into two million (2,000,000) shares of stock with a par value of
‘Iwo hundred pesos (P200.00) per share. The National Government shall fully
subscribe to ninety percent (90%) of the authorized capital, of which at least fifty
percent (50%) shall have been fully paid; while ten percent (10%) of the shares shall be

subscribed and paid by the Provincial Government of Abra.

Funding. — ‘The amount necessary to subscribe and pa

for the
remaining shares of the National Government to the capital stock of the Authority shall
be included in the annual General Appropriations Act. For the Provincial Government
of \bra, the funds for subscription shall be taken from their internal revenue allotment
and other local funds.

SEC,

Exemption from Taxes, Customs and Tariff Duties. — The
importation of equipment, machineries, spare parts, accessories and other materials
including supplies and services which are used solely and exclusively for the operations
of the Authority and are not available locally shall be exempt from all direct and
indirect taxes, wharfage fees and other charges. All obligations entered into by the

Authority and any income derived therefrom, including those contracted with private
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international banking and financial institutions shall be exempt from all taxes including
the principal and the interest. ‘The Authority is also exempt from the payment of capital
gains tax, documentary stamp tax, real property estate tax and all other local
government taxes and fees.

SEC. 33. Auditor. — The chairperson of the Commission on Audit (COA)

shall be the ex-off

io Auditor of the Authority. For this purpose, the chairperson may
appoint a representative and the necessary personnel who shall audit the Authority.

All accounts and expenses of the Authority shall be audited by the Commission on
Audit or its duly authorized representative.

SEC. 34. Joint Congressional Oversight Committee. - There is hereby
created a Joint Congressional Oversight Committee to monitor the implementation of

this 4

- The oversight committee shall be composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the House
of Representatives, respectively. The oversight committee shall be co-chaired by the

chairpersons of the Committee on Environment of the Senate and the Committee on

Ecology of the House of Representati

SEC.

Implementing Rules and Regulations. ~ Within ninety (90)
days from the approval of this Act, the Board shall issue the necessary rules and
regulations for the effective implementation of this Act. The implementing rules and
regulations shall be published in the Official Gazette or in a newspaper of general
lation.

SEC.

36. Repealing Clause. ~ All laws, decrees, executive orders, rules and
regulations and issuances, or parts thereof, inconsistent with the provisions of this Act

are hereby repealed accordingly.

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*C.37.  Separability Clause. ~ If any provision of this Act is declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SEC. 38. Effeetivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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