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

NINETEENTH CONGRESS
First Regular Session,

> 1

HOUSE BILL NO.

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
YEDDA MARIE K. ROMUALDEZ and JUDE A. ACIDRE

EXPLANATORY NOTE

‘The bill proposes to amend and/or repeal pertinent provisions of Republic Act 8749 or the Philippine
Clean Air Act of 1999 and Republic Act 9003 or the Evolegical Solid Waste Management Act of 2000 with
regard to the ban on incineration of waste.

Section 20 of Republic Act No. 8749, otherwise known as the “Philippine Clean Air Act of 1999”,
provided for the prohibition of incineration of municipal, biomedical, and hazardous waste, which
process emits poisonous and toxic fumes. Likewise, certain provisions from Republic Act No. 9003,
also known as the “Ecological Solid Waste Management Act of 2000, provided for the State to adopt
4 systematic, comprehensive and ecological solid waste management program which shall ensure
the proper segregation collection, transport, storage, treatment and disposal of solid waste through
the formulation and adoption of the best environmental practice in ecological waste management,
excluding “incineration”,

‘Twenty years after their enactment and implementation, new technologies have emerged which has
paved way to convert waste into energy. Waste-to-Energy (WTE) or energy-from-waste is the
process of generating energy in the form of electricity heat from the incineration of waste. Landfills
emit by-products like methane, dioxins and leachate - a toxic liquid that is formed when waste breaks

down in the landfill and filters through waste, which when left untreated, can leach into the soil,
contaminating water sources, plants and even food. Waste-to-Energy technologies that process non-
renewable waste can reduce environmental and health damages, all the while generating sustainable

energy,

The bill seeks to repeal Section 20 of Republic Act No. 8749 and other provisions of Republic Act
No. 9003 to allow for the necessary and modern options in solving the persistent garbage problem
of our country and in the process, attract more investors by providing fiscal and non-fiscal
incentives.



Ic is imperative to revisit the two-decade laws to give the national government alternatives in
addressing our country’s garbage problem, notwithstanding our dependence or non-renewable
resources to produce power. Converting our waste to energy may be a good, if not the best, solution
to solve both.

A similar bill was filed in the 18" Congress, by Representatives Carlito S. Marquez, Carlos O.
Cojuangco, Enrico A. Pineda and Michael Odylon L. Romero, PhD.

FERDINAND - ROMUSLDEZ
Representative
First District, Leyte

YKDD4 MARIE K. ROMUALDEZ JUDY. ACIDRE
Representative Representative
Patt)List, Tingog Sinirangan Party-List, Tingog Sinirangan


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

NINETEENTH CONGRESS
First Regular Session

House BILLNo_15

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ, YEDDA
MARIE K. ROMUALDEZ and JUDE A. ACIDRE

AN ACT
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR MUNICIPAL
AND HAZARDOUS WASTES, REPEALING FOR THE PURPOSE SECTION 20 OF
REPUBLIC ACT NO. 8749, ENTITLED “THE PHILIPPINE CLEAN AIR ACT OF
1999”

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

SECTION 1. Title.—'This Act shall be known and referred to as the “Waste Treatment
Technology Act”.

SEC. 2. Regulation of Waste Treatment Technology. — ‘Thermal and other treatment
technologies for the disposal of municipal and hazardous wastes, or for the processing of any
‘waste material for fuel, whether for commercial use or not, shall be designed and operated to meet
the standards established pursuant to this Act and its implementing rules and regulations. These
technologies shall be fitted with equipment that will continuously monitor, record and make
publicly available the reported data on their emissions or air pollutant concentrations. Proposed
facilities that recover energy shall be given priority over other treatment technologies. Entities
utilizing such technologies shall incorporate in their facilities or operations appropriate material
recovery program. Thermal treatment units shall treat wastes at a temperature of not less than
cight hundred fifty degrees centigrade (850°C).

SEC. 3. Role of the Department of Environment and Natural Resources (DENR).
~The DENR shall be primarily responsible for the implementation and enforcement of this Act.
It shall promote the use of state-of-the-art, environmentally-sound and safe technologies for the
handling, treatment, thermal or non-thermal destruction, utilization, and disposal of residual
wastes.

Pursuant to Sec. 15 of R.A No. 8749, otherwise known as the “Clean Air Act of 1999”,
the Pollution Research and Development Program shall likewise include the continuous
monitoring, evaluation, and development of more appropriate air quality guideline values and
standards for the treatment of municipal and hazardous wastes, or for the processing of any waste
material for fuel.


SEC. 4. Role of Local Government Units (LGUs) in Setting Up Treatment
Facilities. “The LGUs are hereby mandated to promote, encourage and implement in their
respective jurisdictions a comprehensive solid waste management plan that includes waste
reduction, segregation, recycling, composting, and recovery. The establishment of treatment
facilities shall be facilitated by LGUs within a region, province, or strategically clustered LGUs in
consonance with their respective ten-year solid waste management plans: Provided, ‘That these are
consistent with the national solid waste management framework established pursuant to R.A. No.
9003, otherwise known as the Ecological Solid Waste Management Act of 2000.

SEC. 5. Role of the National Solid Waste Management Commission (NSWMC) -
‘The solid waste management plans and supplemental disposal plans of all LGUs, including those
which may carry out treatment projects, shall be submitted to the NSWMC which shall render a
decision within ten (10) working days from submission thereof. The NSWMC shall put in writing
the reasons for either approving or denying such plans.

SEC. 6. Role of the Department of Science and Technology (DOST). - The DOST
shall undertake the necessary verification of the technology that will be used for the treatment or
waste processing projects. The verification shall be completed and reported in writing within ten
(10) working days from receipt of the application, or twenty (20) working days if the application is
for a new technology.

SEC. 7. Role of the Department of Energy (DOE). - The DOE, in addition to its
powers and functions under R.A. No. 7638, otherwise known as “The Department of Energy Act
of 1992,” shall, insofar as the establishment and operation of facilities that recover energy:

(a) Accredit and classify facilities that recover energy based on the energy output, and
determine the standards, criteria and requirements applicable therefor pursuant to R.A. No. 9136,
otherwise known as the “Electric Power Industry Reform Act (EPIRA) of 2001,” R.A. No. 9367,
otherwise known as the “Biofuels Act of 2006,” and R.A. No. 9513 otherwise known as the
“Renewable Energy Act of 2008,” whichever is applicable;

(b) Include a strategy in the Philippines Energy Plan, taking into consideration the
National Solid Waste Management Framework;

(c) Make av: to the public, es y to potential investors for these facilities, local
Make available to the public, especially to potential for these facilities, local
and national information on the following:

(i) current and potential uses of facilities in relation to solid waste management;

i d potential f facilites in relat lid ager

Gi) inventory of existing facilities; and,

(iii) other relevant information.

SEC. 8. Responsibility of Owner and Operator. - Responsibility for compliance with
the standards promulgated for the establishment and operation of waste treatment facilities shall
rest with the owner and/or operator thereof. If, by virtue of a contract, the operator is primarily
and solely responsible for compliance with the standards, the same shall not relieve the owner of
the requirement to exercise due diligence to ensure the operator’s compliance. In the event that
the ownership of the facility is transferred to another person, the previous owner shall notify the
new owner of the standards and the conditions set for the operation of said facility, and the laws
and regulations that the new owner or operator has to comply with.

‘These standards for operation of waste treatment or processing facility may be made more
stringent by not more than five percent (5%): Provided, That the more stringent standards shall be
effected ten (10) years following the commencement of the operation of the facility that is
established after the effectivity of this Act.


SEC. 9. Grant of Incentives. - Fiscal and non-fiscal incentives shall be granted to
registered investors and hosts of waste treatment programs.

(@) Fiscal and Non-Fiscal Incentives. - Upon certification by the DOE, waste-to-energy
projects, as defined in this Act, shall be included in the strategic investments priority plan (SIPP)
of the Board of Investments (BOI) and shall be entitled to the incentives provided under Executive
Order No. 226, otherwise known as the "Omnibus Investments Code of 1987", as amended, and
any other applicable laws for ten (10) years from the effectivity of this Act: Provided, That after the
aforementioned period, the inclusion of waste-to-energy projects in the annual investment
priorities plan shall be reviewed and may be extended by the BOI: Provided, further, ‘Vhat waste-to-
‘energy projects shall be exempt from Article 32(1) of Executive Order No. 226.

(b) Financial Assistance Program ~ Government financial institutions such as the Landbank
of the Philippines, Development Bank of the Philippines, Government Service Insurance System,
and such other government institutions providing financial service shall, in accordance with and
to the extent allowed by the enabling provisions of their respective charters or applicable laws,
accord high priority in the extension of financial services to individuals, enterprises, or private
entities engaged in putting up treatment facilities: Provided, That these institutions shall allocate five
percent (5%) of their loan portfolio to waste treatment projects.

(©) Extension of Grants and Incentives to LGUs ~ Provinces, cities and municipalities, the
treatment facilities plans of which have been duly approved by the NSWMC for adopting
innovative waste treatment programs, may be entitled to receive grants for the purpose of
developing their technical capacities toward actively participating in the waste treatment projects.
The LGUs that host common treatment facilities shall be entitled to incentives as may be
determined by the NSWMC.

SEC. 10. Fines and Penalties. — Violations of the provisions of this Act, or the standards
or rules and regulations promulgated for treatment facilities shall be fined or penalized under the
provisions of P.D. 1586, otherwise known as the Environmental Impact Statement System; R.A.
No. 6969, otherwise known as the Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990; R.A. No. 8749; R.A. No. 9003; and R.A. No. 9275, otherwise known as the Philippine
Clean Water Act of 2004. For waste-to-energy facilities, the penal schemes established under the
Philippine Grid Code and Philippine Distribution Code pursuant to RA No. 9136, shall likewise
apply.

SEC. 11. Congressional Oversight ~ The Joint Congressional Oversight Committee
created under R.A. No. 9003 shall exercise oversight powers over the solid waste management
aspect of the implementation of this Act. The Joint Congressional Energy Commission, created
under R.A. No. 9136 or the EPIRA of 2001 and renamed under R.A. No. 11285, otherwise known
as the “Energy Efficiency and Conservation Act,” shall exercise oversight powers over the energy
aspect of the implementation of this Act.

SEC. 12. Implementing Rules and Regulations. ~The DENR, in coordination with
the NSWMC, DOE, BOI, DTI, Bureau of Internal Revenue, the Bureau of Customs, academe or
research institutions, and other concerned agencies, shall promulgate the implementing rules and
regulations for this Act within three (3) months after its approval.

SEC. 13. Report to Congress ~The DENR, in coordination with NSWMC, shall submit
to the President of the Philippines and to Congress an annual report, which includes the
appropriate monitoring, evaluation, and recommendation, on the implementation progress of this
‘Act not later than March 30 of every year following the approval of this Act.


SEC. 14. Separability Clause.— If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.

SEC. 15. Repealing Clause. — Section 20 of R.A. No. 8749 otherwise known as the
“Philippine Clean Air Act of 1999” is hereby repealed. The pertinent provision of R.A. No. 9003
otherwise known as the “Ecological Solid Waste Management Act of 2000”, and other laws,
presidential decrees, executive orders, rules and regulations inconsistent with any provisions of
this Act shall be deemed repealed or modified accordingly.

SEC. 16, Effectivity. — This Act shall take effect fifteen (15) days after publication in
the Official Gazette ot in a newspaper of general circulation.

Approve.