FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
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SENATE 
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Introduced by Senator Antonio “Sonny” F. Trillanes Tv 
Explanatory Note 
This bill aims to provide that no permit shall be required by the Secretary of the Department of 
Environment and Natural Resources (DENR) under the national pollutant discharge elimination system 
for the discharge from a recreational vessel of graywater, bilge water, coohg water, weather deck Nnoff, 
oil water separatur efffuent, or fluent fmn prop* 
functioning marine engines or for imy other 
discharge that is incidental to the normal operation of such vessel. 
Further, this bill shall require the DENR Secretary to: (i) develop management practices for recreational 
vessels to mitigate the adwFse impacts on the Philippine waters of discharges incidental to n m a l  vessel 
operation (excluding sewage) in any case in which the Administrator determines that the use of those 
practices is reasonable and practicable; and (ii) promulgate national standards of performance (which may 
distinguish among vessel types) for each discharge for which such a management practice is developed. 
This bill shall also require the Department of Transportation and Communication (DOTC) to promulgate 
regulations governing the design, construction, installation, and use of management practices for 
recreational vessels as necessary to meet such standards. Moreover, this bill, once enacted, shall prohibit 
the m e r  or operator of a recreational vessel fmrn operating in Philippine waters if such owner or 
operator is not using applicable management practices in compliance with such regulations. 
In view of the foregoing, the early passage of this bill is earnestly sought. 
APST~NIO L 6 ~ ~ ~ k ~ 9 9  
F. TRILLANES IV 
Senator 
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FOURTEENTH CONGRESS OF THE 
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Second Regular Session 
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JAN 29 P 5  
SENATE 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
ANACT 
, 
ADDRESSING 
CERTAIN 
DISCHARGES INCIDENTAL TO THE NORMAL 
OPERATION OF A RECREATIONAL VESSEL, PROVIDING FUNDS THEREFOR 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title- This Act may be cited as the ‘Clean Boating Act of 2009’ 
SEC. 2. Discharges Incidental To The Normal Operation Of Recreational Vessels.- No 
permit shall be required under this Act by the Secretary of the Department of Environment and 
Natural Resources (DENR) (hereinafter referred to as Secretary) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or 
effluent from properly functioning marine engines, or any other discharge that is incidental to the 
normal operation of a vessel, if the discharge is from a recreational vessel. 
SEC. 3. Definitioa- As used in this Act, the following terms shall mean: 
(1) In General.- The term ’recreational vessel’ means any vessel, whether foreign or domestic, 
that i s  -- 
(a) manufactured or used primarily for pleasure; or 
(b) leased, rented, or chartered to a person for the pleasure of that person. 
(2) Exclusion.- The term ’recreational vessel’ does not include a vessel that is subject to 
Philippine Coast Guard (PCG) inspection and that -- 
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(a) is engaged in commercial use; or 
(b) carries paying passengers. 
SEC. 4. Management Practices For Recreational Vessels. 
(1) AppZicabi[ity.- This provision applies to any discharge, other than a discharge of sewage, 
from a recreational vessel that is-- 
(A) incidental to the normal operation of the vessel; and 
(B) exempt from permitting requirements under Section 2 of this Act. 
(2) Determination Of Discharges Subject To Management Practices.- 
(A) Defermination.- 
(i) In General.- The Secretary, in consultation with the Secretary of the 
Department of Transportation and Communications (DOTC), the Secretary of Trade and 
Industry (DTI), shall determine the discharges incidental to the normal operations of a 
recreational vessel to enable the government to determine and develop reasonable and 
practicable management practice to mitigate the adverse impacts of such discharge to Philippine 
waters. 
(ii) Promulgation.- The Secretary shall promulgate the determinations under 
clduse (i) in accordance with Book VI1 of the Administrative Code of 1987. 
(iii) Management Practices.- The Secretary shall develop management practices 
for recreational vessels in any case in which the Secretary determines that the use of those 
practices is reasonable and practicable. 
(B) Considerations. - In making a determination under Section (4)(2)(A), the Secretary 
shall consider-- 
(i) the nature of the discharge; 
(ii) the environmental effects of the discharge; 
(iii) the practicability of using a management practice; 
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(iv) the effect that the we of a management practice would have on the operation, 
operational capability, or safety of the vessel; 
(v) applicable existing laws; 
(vi) applicable international standards; and 
(vii) the economic costs of the use of the management practice. 
(viii) such consideration shall be done after prior study and consultation with 
DENR, PCG and Department of Science and Technology (DOST). 
(C) Timing- The Secretary shall-- 
(i) make the initial determinations under Section (4)(2)(A) not later than one (1) 
year after the date of enactment of this Act; and 
(ii) every five (5) years thereafter- 
(I) review the determinations; and 
(11) if necessary, revise the determinations based on any new information 
available to the Secretary. 
(3) Performance Standards For Management Practices. - 
(A) In General.- For each discharge for which a management practice is developed under 
Section (4)(2), the Secretary, in consultation with the DOTC Secretary and the DTI Secretary 
shall Promulgate the standards of performance for each management practice required with 
respect to the discharge. 
(B) Considerations. - In promulgating standards, the Secretary shall take into account the 
considerations described in Section (4)(2)(B). 
(C) Classes, Types, And Sizes Of Vessels.- The standards promulgated under this Section 
may-- 
(i) distinguish among classes, types, and sizes of vessels; 
(ii) distinguish between new and existing vessels; and 
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(iii) provide for a waiver of the applicability of the standards as necessary or 
appropriate to a particular class, type, age, or size of vessel. 
(D) 2Tming.- The Secretary shall- 
(i) promulgate standards of performance for a management practice under subparagraph 
(A) not later than one (1) year after the date of a determination under Section (4)(2) that 
the management practice is reasonable and practicable; and 
(ii) every five (5) years thereafter- 
(I) review the standards; and 
(11) if necessary, revise the standards, in accordance with Section (4)(B) 
and based on any new information available to the Secretary. 
SEC. 5. Regulations For The Use Of Management PracticesA- 
(A) In General.- The DOTC Secretary shall promulgate such reguIations governing the design, 
construction, installation, and use of management practices for recreational vessels as are 
necessary to meet the standards of performance promulgated under Section (4)(3). 
(B) Regulations. - 
(i) In GeneraL- The Secretary shail promulgate the regulations under this Section as soon 
as practicable after the Secretary promulgates standards with respect to the practice under 
Section (4)(3), but not later than one (1) year after the date on which the Secretary promulgates 
the standards. 
(ii) Eflective Dare.- The regulations promulgated by the Secretary under this Section shall 
be effective upon promulgation unless another effective date is specified in the regulations. 
(iii) Consideration Of 
Time.- In determining the effective date of a regulation 
promulgated under this Section, the Secretary shall consider the period of time necessary to 
communicate the existence of the regulation to persons affected by the regulation. 
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SEC. 6. Prohibition Relating To Recreaiional Vessels.- After the effective date of the 
regulations promulgated by the DOTC Secretary under Section 4, the owner or operator of a 
recreational vessel shall neither operate in nor release any discharge incidental to the normal 
operation of the vessel into, the waters of the Philippines or the waters of the contiguous zone, if 
the owner or operator of the vessel is not using any applicable management practice meeting 
standards established under this Act. 
SEC. 7. Autltorlzation of Appropriations.- The amount necessary to carry out the 
provisions of this Act shall be appropriated from the General Appropriations Act. Funds 
appropriated for this Act shall remain available until expended. 
SEC. 8. Repealing Clause Any laws, decrees, ordinances or rules and regulations 
which are inconsistent with or contrary to the provision of this Act is hereby amended or 
repealed. 
SEC. 9. Effectivl@.- This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) national newspapers of general circulation 
Approved, 
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