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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

MEMORANDUM
FOR THE DEPUTY SECRETARY-GENERAL FOR OPERATIONS

ATTENTION : THE EXECUTIVE DIRECTOR
Plenary Affairs Bureau

THE SERVICE DIRECTOR

Bilis and Index service
FROM THE DEPUTY SECRETARY-GENERAL FOR COMMITTEE AFFAIRS
RE ; COMMITTEE REPORT ON THE SUBSTITUTE BILL TO H.B. NOS.

4055, 783, 2109, 4140,127, 496, 501, 2862, 3516, 3939 AND 4462

DATE 108 JUNE 2011
1216

We are transmitting herewith six (6) copies gf hg fommittee Report submited by the
Committee on Ecoiogy on House Bill No. J in substitution of House Bill Nos
4055, 783, 2109, 4140,127, 496, 501, 2862, 3516, 3939 and 4462, entitled:

“AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE,
PROVISION, USE, RECOVERY, COLLECTION, RECYCLING AND DISPOSAL
OF PLASTIC BAGS”

For your appropriate action

ween Caaf


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City
15* Cougress
1* Regular Session

COMMITTEE REPORT NO. 1216

Submited by the Cor ppp Poxlony on_98 SUN 2044

Re: House Bill No.

Recommending its approval’ in substitution of House Bill Nos. 4055, 783, 2109, 4140, 127, 496, 501,

2862, 3516, 3939 and 4462

Sponsors: Representatives Dan S. Fernandez, Oscar G. Malapitan, Rufus B. Rodriguez, Mare
Douglas C. Cagas IV, Aj Francis C. Bichara and Raymond DC Mendoza

Mr. Speaker:

‘The Committee on Ecology to which were referred House Bill No.4055 introduced by Rep.
Oscar G. Malapitan, entitled:

“AN ACT REQUIRING MALLS, SUPERMARKETS, GROCERY STORES,
CONVENIENCE STORES, WET AND PUBLIC MARKET TO USE OXO-
BIODEGRADABLE PLASTIC SHOPPPIG BAGS”,

‘House Bill No.783 introduced by Rep. Aurelio D. Gonzates, Jr., entitled:

“AN ACT PROVIDING FOR THE PHASE-OUT OF PLASTIC BAGS AS PACKING
MATERIALS OF GOODS SOLD OR DISPOSED BY SARI-SARI STORES, MARKET
VENDORS, STORES AND SIMILAR ESTABLISHMENTS, PRESCRIBING PENALTIES
THEREFOR AND FOR OTHER PURPOSES”;

‘House Bill No.2109 introduced by Reps. Rufus, Maximo B, Rodriguez, Jr., Mel Senen S, Sarmicato,
Florencio T. Miraflores, Jane T. Castro and Cesar V. Sarmiento, entitled:

“AN ACT BANNING THE USE OF PLASTIC BAGS IN GROCERIES, RESTAURANTS.
AND OTHER ESTABLISHMENTS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF”, :

House Bill No. 4140 introduced by Reps. Mare Douglas C, Cagas IV, Christopher S. Co, Rodel M
Batocabe and Alfredo A. Garbin, Jr., entitled:

“AN ACT PROHIBITING THE USE OF PLASTIC BAGS, AND FOR OTHER
PURPOSES”,

House Bill No. 127 introduced by Reps. Al Francis C. Bichara, Christopher S. Co, Rodel M. Batocabe
and Alfredo A. Garbin, Jr., Ma, Amelita A. Calimbas-Villarosa, Linabelle Ruth R. Vitlarica and
Bemadette R. Herrera-Dy, entitled:

“AN ACT IMPOSING AN EXCISE TAX, TO BE KNOWN AS “ENVIRONMENTAL
LEVY” ON THE USE OF PLASTIC BAGS IN SHOPS, SUPERMARKETS, SERVICE
STATIONS, STORES AND/OR SALES OUTLETS, CREATING THE
ENVIRONMENTAL PROTECTION SUPPORT FUND, AND FOR OTHER PURPOSES”;

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House Bill No. 496 introduced by Reps. Juan Edgardo M. Angar a and Maria Carmen Zamora-Apsay,
entitled:

“AN ACT INSTITUTIONALIZING THE CREATION OF “THE PLASTIC BAG
RECYCLING ACT OF 2010” AND FOR OTHER PURPOSES”,

House Bill No. 50] introduced by Reps. Juan Edgardo M. Angara and Maria Carmen Zamora-Apsay,
‘entided:

“AN ACT PROVIDING FOR A PROACTIVE APPROACH IN RECYCLING USED
PLASTIC BAGS BY STORES AND OTHER RETAIL OUTLETS”,

House Bill No. 2862 introduced by Reps. Raymond DC Mendoza and Anthony Rolando T. Golez, Jr.,
entitled:

“AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE, USE, AND
RECYCLING OF PLASTIC BAGS IN ALL ESTABLISHMENTS IN THE COUNTRY”,

House Bill No. 3516 introduced by Reps. Lani Mercado-Revilla, Ma. Amelita A. Calimbas-Villarosa,
Winston “Winnie” Castelo and Marcelino R. Teodoro, entitled:

“AN ACT REDUCING THE USE OF PLASTIC BAGS, STYROFOAM CONTAINERS,
DISPOSABLE PLASTIC UTENSILS AND SIMILAR ITEMS IN ALL
ESTABLISHMENTS IN THE COUNTRY”;

House Bill No. 3939 introduced by Rep. Carmelo F. Lazatin, entitled:

“AN ACT BANNING THE MANUFACTURER, DISTRIBUTION, AND SALE OF
ULTRA-THIN POLYPROPYLENE PLASTIC BAGGING MATERIALS”, and

House Bill No. 4462 introduced by Reps. Mark Aeron H. Sambar, Anthony Rolando T. Golez, Jr. and
Bernadette R. Herrera-Dy, entitled:

“AN ACT TO REDUCE THE NUMBER OF PLASTIC BAGS USED IN SUPERMARKES
AND CREATING THE PLASTIC BAG POLLUTION FUND”,

have considered the saine and recommend thatthe attached House Bill No4 849 enced:

“AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE,
PROVISION, USE, RECOVERY,.COLLECTION, RECYCLING AND DISPOSAL
OF PLASTIC BAGS”,

be approved in substitution of House Bill Nos. 4055, 783, 2109, 4140, 127, 496, 501, 2862, 3516,
3939 and 4462 with Reps. Oscar G. Malapitan, Aurelio ‘D. Gonzales, Rufus B. Rodriguez, Maximo B.
Rodriguez, Jr., Marc Douglas C. Cagas IV, Christopher S. Co, Ai Francis C, Bichara, Juan Edgardo
M. Angar a, Maria Carmen Zamora-Apsay, Raymond DC Mendoza, Anthony Rolando T. Golez, Jr..
Lani Mercado-Revilla, Ma. Amelita A. Calimbas-Vitlarosa, Carmelo F, Lazatin, Mark Aeron H.
Sambar, Mel Senen S. Sarmiento, Rodel M. Batocabe, Winston “Winnie” Castelo, Bemadette R.
Herrera-Dy, Florencio T. Miraflores, Alfredo A Garbin, Ir, Marcelino R. Teodoro, Jane T. Castro,
Cesar V. Sarmiento, Linabelle Ruth R. Villarica, Dan S. Femandez, Mary Mitzi L-Cajayon, Irvin
M. Alcala, Ma, Evita R. Arago, Antonio F. Lagdameo Jr., Bernardo M. Vergara, Arturo B. Robes,

Danilo E. Suarez, Rafael V. Mariano, Amado S. Bagatsing and Joselito R. Mendoza, as authors
thereof.


Respectfully submitted,

HON. DANS:
Chairman
Commitee on Ecology

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Caw ana wna

Bers

14

Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

Fifteenth Congress
First Regular Session

House pL No. 4840

Introduced by Representatives Oscar G. Malapitan, Aurelio D. Gonzales, Rufus B.
Rodriguez, Maximo B. Rodriguez, Jr., Mare Douglas C. Cagas IV, Christopher S. Co,
‘Al Francis C. Bichara, Juan Edgardo M. Angar a, Maria Carmen Zamora-Apsay,
Raymond DC Mendoza, Anthony Rolando T. Golez, Jr, Lani Mercado-Revilla, Ma.
‘Amelita A. Calimbas-Villarosa, Carmelo F. Lazatin, Mark Aeron H. Sambar, Mel
Senen S, Sarmiento, Rodel M. Batocabe, Winston “Winnie” Castelo, Bernadette R.
Herrera-Dy, Florencio T. Miraflores, Alfreda A. Garbin, Jr., Marcelino R. Teodora,
Jane T. Castro, Cesar V. Sarmiento, Linabelle Ruth R. Villarica, Dan S. Fernandez,
Mary Mitzi L.Cajayon, Irvin M. Alcala, Ma, Evita R. Arago, Antonio F. Lagdameo Jr.,
Bernardo M. Vergara, Arturo B. Robes, Danilo E. Suarez, Rafael V. Mariauo, Amado
S. Bagatsing and Joselito R. Mendoza

“AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION RECYCLING AND DISPOSAL OF PLASTIC BAGS”

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

Section }. Short Title. - This Act shall be known as the “Plastic Bag Regulation
Act of 2011”,

Section2. Definition of Terms. - For the purpose of this Act:

a) Biodegradable Plastic Bog refers to a plastic bag that degrades into fine
wettable fragments through oxidation processes and thereafter attain molecular structure
suited for biodegradation that results from the action of naturally-occurring micro-organisms
such as bacteria, fungi, and algae. Such plastic bags shall, within twenty-four (24) months
after its use, have a sixty (60) percent biodegradation where organic carbon is converted to
carbon dioxide without leaving significant harmful residues,

b) Commercial Establishment refers to an establishment or cluster of
establishments engaged in commerce or sales of goods or services, including, but not limited
to, market stores, shopping mall outlets, supermarkets, department stores, groceries,
convenience stores, food chains, restaurants, cafes, bars, sari-sari stores and the like,

c) Department refers to the Department of Environment and Natural Resources;

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d) Operator refers to a person or group of persons in control of, or baving daily
responsibility for, the daily operation of a store, which may include, but not limited to, the
owner of the store,

e) Plastic Bag refers to polymer bag designed to be provided or utilized at the
point of sale for carrying and transporting goods, and

) Reusable Bag refers to a washable canvass bag, a bayong or any shopping bag
used for carrying and transporting goods, which bags are made of organic or non-organic
‘materials and can be used several times.

Section 3, Biodegradable Plastic Bags. ~ Six (6) months after the effectivity of the
‘Act, commercial establishments shall provide biodegradable plastic bags to their consumers:
Provided, That they shall promote and make available for sale locally-made bayong, bult and
other re-usable bags that are made of abaca, water lily, and other organic or compostable
materials: Provided, further That establishments may still provide other plastic bags as
sanctioned under Section 5.

For this purpose, the Department of Trade and Industry (DT), in coordination with
the Department, leagues of local government units (LGUs), National Solid Waste
Management Commission (NSWMC), and other government and private agencies and
organizations concemed shall, within six (6) months from the effectivity of this Act,
promulgate the appropriate Philippine National Standard (PNS) for biodegradable plastic
bags: Provided, That the DTI shall consider in the PNS the recyclability of biodegradable
plastic bags.

Section 4. In-Store Recovery Program. — Within sixty (60) days after the effectivity
of this Act, the operator or cluster of operators of commercial establishments that provide
plastic bags to consumers as part of a purchase at retail, shail establish an in-store recovery
program that will give their customers an opportunity to return their used plastic bags to the
commercial establishments from which the plastic bags originated,

‘An in-store recovery program provided by the operator of said commercial
establishment shall include the following:

(@) A plastic bag shall have printed or displayed on it in a manner visible to the
consumer, a logo and/or words showing that it is a biodegradable plastic bag,

(b) A plastic bag printed with the name or logo of the establishment shall have
printed or displayed on it the words “PLEASE RETURN TO ANY STORE FOR
RECYCLING”, in addition to the requirement of the immediately preceding paragraph,;


(©) A plastic bag recovery bin shail be placed at each store or cluster of stores and
shall be visible, easily accessible to the costumer, and clearly masked that the recovery bin is
available for the purpose of collecting, recycling and disposal of plastic bags;

(d) All plastic bags recovered by the store shall be collected, transported, and,
whenever practicable, recycled and disposed by the local goverment units pursuant to
Section 8 of this Act.

(©) The commercial establishment shall maintain records describing the recovery,
collection, transport, and whenever applicable, recycling and disposal of plastic bags
collected for a minimum of three (3) years, and every year thereafter. It shall make the
records available to the Department and/or LGU, upon request, to demonstrate compliance
with this Act. The LGU concemed shall likewise maintain records it has recovered, collected
and transported for recycling or disposal, and shall make the records available to the
Department,

(f) The commercial establishment shall require their customers to surrender an
equivalent or practically equivalent plastic bag for the provision of a new plastic bap.
Otherwise, the customer or consumer will be charged a fixed fee of P1.00 per plastic bag,
which fee shall be reflected in their receipts, and

(gs) The commercial establishment shall make local reusable bags available to
consumers within the establishment, which shall be purchased in lieu of surrendering an old
plastic bag or purchasing a new plastic bag,

Section 5. Phase-out of Non-Biodegradable Plastic Bags - Notwithstanding the
provision of Section 4 of this Act, non-biodegradable plastic bags shall be gradually phased
out within a period of three (3) years from the effectivity of this Act. Thereafter, production,
importation, sale, distribution, provision or use of said bags shall be prohibited.

Section 6. Lead Agency. - The Department, unless otherwise provided herein,
shall be the primary government agency responsible for the implementation and enforcement
of this Act.

Section 7, Linkage Mechanism. - The Department, in coordination with the DTT
and NSWMC, shall consult, and enter into an agreement with other government agencies or
LGUs, or with concemed non-governmental organizations (NGOs) or people’s organization
{POs), or private enterprises in the furtherance of the objectives of this Act.

Section 8. Role of Local Government Units - Local government units (LGUs)
shall have the primary responsibility in the effort to decrease the percentage of plastic bag
‘waste produced within their respective territorial jurisdictions.

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For this purpose, they shall be primarily responsible for the collection, transportation,
recycling and disposal of plastic bags recovered pursuant to this Act. LGUs may enjoin the
participation of other concerned govemment agencies, private entities and industries.

The DOST, in coordination with the National Ecology Center, shall provide the
LGUs with technical assistance, trainings and continuing capability-building programs to
attain the objectives of this Act.

Section 9. Fines and Penalties. - Violations of Sections 3, 4 and 5 of this Act shall
be penalized in the following manner.

a) A fine of not exceeding One Hundred Thousand Pesos (P100,000.00) for the
first offense;

b) A fine of not exceeding Two Hundred Fifty Thousand Pesos (P250.000.00) for
the second offense; and

©) A fine of not exceeding Five Hundred Thousand Pesos (P500,000.00) for the
third offense.

d) A fine of not exceeding Seven Hundred Fifty Thousand Pesos (P 750,000.00)
and automatic revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of commercial establishments. For
this purpose, the Department shall establish such classification of commercial establishments.

For purposes of the imposition of appropriate fine hereof, the Department shall
establish classification of commercial establishments based on their capitalization

Section 10, Administrative Action. - Without prejudice to the right of any person
to file an administrative action, the Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings in the proper forum against any
natural or juridical person who violates any of the provisions of this Act with respect to:

(a) Standards and limitations provided by this Act; or

(b) Such order, rule or regulation issued by the DTT with respect to such standard or
limitation.

Section 11, Independence of Action. — The filing of an administrative suit against
such person or entity does not preclude the right of any other person to file any criminal or
civil action.

Section 12. Enforcement, - The enforcement of the penal provision of this Act
shall be made through the Department, in coordination with the Office of the Mayor of the
LGU concemed.


Section 13. Joint Congressional Oversight Committee. — The Joint Congressional
Oversight Committee created under Section 60 of Republic Act No. 9003, otherwise known
as the Ecological Solid Waste Management Act of 2000, shall likewise monitor the
implementation of this Act and review the implementing rules and regulations promulgated
by the Department.

Section 14. Implementing Rules and Regulations - The Department , in
coordination with DTT, NSWC, and other relevant goverment agencies and organizations
shall, within six (6) months from the effectivity of this Act, promulgate the Implementing
Rules and Regulations (IRR) governing this Act.

Section 15. Separability Clause. - Jf for any reason, any provision of this Act or
part thereof is declared unconstitutional or invalid by a court of competent jurisdiction, the
other provisions or parts thereof not affected shall remain in full force and effect.

Section 16, Repealing Clause, ~ All laws, decrees, orders, issuances, ordinances,
rules and regulations, or parts thereof and ordinances inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,


FACT SHEET
House Bill Nos. 4055, 783, 2108, 4140,127, 496, 501, 2862, 3516, 3939 and 4462

AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION, RECYCLING AND DISPOSAL OF PLASTIC BAGS

Introduced by: REPS. MALAPITAN, GONZALES JR. (A), RODRIGUEZ (R), RODRIGUEZ JR.
{M}, CAGAS IV, BICHARA, ANGARA, MENDOZA (R), MERCADO-REVILLA, LAZATIN,
SAMBAR

Committee Referral: COMMITTEE ON ECOLOGY
Committee Chairperson: HON. DAN S. FERNANDEZ

OBJECTIVES:

* To reduce the volume of plastic bags found in the environment, landfills and
waterways.

To introduce biodegradable plastic bags that leave no hamnful residue behind,

To provide a phase-out period for the non-biodegradable plastic bags.

To provide a recovery system for recycting of plastic bags.

To strengthen enforcement capacity of Baranggay units by providing incentives via
retention of finas collected.

KEY PROVISIONS:

«Gives specific definition to biodegradable plastic bags.

= Provides if-store recovery program that allows customers to return their used plastic
bags and/or swap used plastic bags with a new one.

+ Allows charging of a minimum fee of PhP1.00 per new plastic bag.

* Requires commercial establishments to make available to customers locally-made
bags and reusable organic, compostable bags.

+ Provides a 3-year phase-out period for non-biodegradable plastic bags.

+ Requires labeling of printed piastic bags with a logo or text showing that itis.
BIODEGRADABLE and the words “PLEASE RETURN TO STORE FOR RECYCLING.”

+ Requires LGUs to collect, transport and recycle alt plastic bags recovered by the
stores.

= Requires the Department of Environmont and Natural Resources (DENR) to estabtish
a system of classifying commercii ments based on capitalization.

«Requires commercial establishments to to keep records for three years that shall be
made available to the DENR and LGUs.

RELATED LAWS:

+ RA 9003 - Ecological Solid Waste Management Act
* RA. 7160— Local Goverment Code