Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by Representative Ryan S. Recto 
EXPLANATORY NOTE 
This proposed measure seeks to establish a national energy policy and 
regulatory framework for Waste-To-Energy (WTE) facilities. The bill aims to integrate 
WTE solutions into the Philippine’ solid waste management and energy security 
strategies to address not just the country’s need for sustainable energy resources and 
mitigate the persistent solid waste crisis, but also to significantly alleviate the 
decades-old challenge of urban and rural flooding. 
The Philippines is the only country in the Asia Pacific with a ban on incineration 
as mandated by The Philippine Clean Air Act of 1999. It prohibits the burning of 
municipal, biomedical and hazardous waste in an environmental effort to avoid the 
emission of poisonous and toxic fumes. However, the United Nations Environmental 
Programme (UNEP) lifted the ban on thermal WTE after guidelines governing WTE 
was approved in 2016. The Department of Environment and Natural Resources 
(DENR) also stated in 2019 that there were plans to pursue WTE technologies in order 
to mitigate the burgeoning solid waste problem in the country.   
In fact, in a Commission on Audit (COA) report from 2023, it was revelead that 
as of 2021, there are 245 operational sanitary landfills, but these are only servicing 
478 or 29.25% of the country’s 1,634 local government units (LGUs). This is barely 
enough to cover the 12,091 tons of waste produced per day in the country. It is also 
getting costly for the government to haul or collect trash. In 2022, the National Capital 
Region (NCR) through the Metro Manila Development Authority (MMDA), was 
reported to have spent P3.336 billion in garbage collection services. Existing 
legislation such as the Ecological Solid Waste Management Act of 2000 was enacted 
in an effort to protect public health and the environment through proper waste 
management practices. However, even with these diligent efforts, the abundance of 
waste remains to be crucial issue.  
This is where the WTE technologies can offer a more viable and 
complementary solution through its capacity to convert non-recyclable waste into 
usable heat, electricity and fuel. In this way and manner, we can significantly reduce 
July 23, 2025
2:15 pm
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the country’s dependence on landfills as well as mitigate environmental pollution. The 
Department of Energy (DOE) defines WTE as “an energy system with a process of 
converting WTE feedstock with various technologies, usually the conversion of non-
recyclable waste materials into usable heat, electricity, or fuel through a variety of 
processes.” Notably, Waste-to-Energy projects have also demonstrated a significant 
impact on flood mitigation, having reduced flooding by 40%, as per the Presidential 
Communications Office (PCO). 
This piece of legislation shall establish a framework for WTE facilities and 
further classify WTE as a renewable energy resource. It shall also mandate WTE 
facilities to function as both a solid waste management treatment and energy 
production facility, with strict adherence to existing environmental and health 
standards, including the Philippine Clean Air Act and Clean Water Act. The measure 
shall now also allow all waste treatment technologies, including incineration, provided 
only if they comply with the strict emission standards and employ techniques that 
allow for pollution control.  
It is hoped that through this measure we can provide a clearer and more 
consistent regulatory framework that has been absent in our energy and 
environmental sector, and thereby unlock investments in WTE. It is high time that we 
think of ways in how we can provide the Filipino people with sustainable ways that 
address our waste management crisis, fortify energy security and contribute to a more 
healthy and climate resilient environment. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
 Ryan S. Recto 
    Representative 
      6th District, Batangas 


1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by Representative Ryan S. Recto 
AN ACT 
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY FRAMEWORK 
FOR FACILITIES UTILIZING WASTE-TO-ENERGY TECHNOLOGIES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Waste-to-Energy Act”. 
1 
2 
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to: 
3 
4 
a) Ensure protection of the public's health and the environment through a
5 
systematic and comprehensive ecological solid waste management
6 
program;
7 
8 
b) Strengthen its commitment to solid waste avoidance and volume reduction
9 
by supplementing the latter with other solid waste management treatment
10 
technologies to include waste-to-energy;
11 
12 
c) Encourage the development and utilization of environmentally sustainable
13 
new and alternative technologies in resource recovery, resource
14 
conservation, processing, treatment, and disposal of solid waste, such as
15 
waste-to-energy facilities;
16 
17 
d) Support the utilization of waste-to-energy facilities in order to attain
18 
sustainable energy and energy security;
19 
20 
e) Strengthen the integration of solid waste management, waste-to-energy
21 
promotion, and environmental protection towards healthful cities amidst
22 
economic growth and development; and
23 
24 
f)
Promote collaboration, cooperation, and participation of various sectors in
25 
coordinated approaches to solid waste management and waste treatment
26 
technology towards national development and jobs creation.
27 
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2 
 
1 
 
SEC. 3. Scope and Application. – This Act shall apply to all local government 
2 
units (LGU) and waste-to-energy (WTE) facilities. 
3 
 
4 
 
SEC. 4. Definition of Terms. – For purposes of this Act, the following terms shall 
5 
be defined as stated below: 
6 
 
7 
a) Agricultural waste refers to waste generated form planting or harvesting 
8 
of crops, trimming or pruning of plants, and wastes or run-off materials 
9 
from farms or fields; 
10 
 
11 
b) Biomedical waste or hazardous healthcare waste refers to waste from 
12 
healthcare facilities that may pose a variety of environmental and health 
13 
risks. It can be further classified into sharps waste, infectious waste, 
14 
pathological and anatomical waste, pharmaceutical waste, genotoxic 
15 
waste, chemical waste, radioactive waste, and pressurized containers as 
16 
defined by the Department of Health (DOH); 
17 
 
18 
c) City or Municipal Solid Waste Management Board refers to the entity 
19 
established by each city or municipality pursuant to Section 12 of Republic 
20 
Act No. 9003, otherwise known as the Ecological Solid Waste 
21 
Management Act of 2000, as amended; 
22 
 
23 
d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous 
24 
chemicals from laboratories, industrial establishments, or other sources 
25 
such as diagnostic and experimental work, environmental work, cleaning, 
26 
housekeeping, and disinfecting procedures; 
27 
 
28 
e) Clustering is a strategy of pooling available resources of local government 
29 
units (LGUs) for the establishment of a common solid waste management 
30 
treatment facility or service; 
31 
 
32 
f) Collection refers to the act of removing solid waste from the source or 
33 
from a communal storage point; 
34 
 
35 
g) Disposal refers to the deposit, or placing of any solid waste into an 
36 
approved disposal site pursuant to Republic Act No. 9003, as amended; 
37 
 
38 
h) Disposal site refers to a facility where solid waste is finally deposited and 
39 
placed pursuant to Republic Act No. 9003, as amended; 
40 
 
41 
i) 
Emission means any air contaminant, pollutant, gas stream, or unwanted 
42 
sound from a known source which is passed into the atmosphere; 
43 
 
44 
j) 
Hazardous waste refers to substances that are without any safe 
45 
commercial, industrial, agricultural, or economic usage. It also includes 
46 
those which are shipped, transported, or brought from the country of 
47 
origin for dumping or disposal into or in transit through any part of the 
48 
Philippines. It shall also refer to by-products, side-product, process 
49 


 
 
3 
residues, spent reaction media, contaminated plant or equipment, or other 
1 
substances from manufacturing operations and as a customer discard of 
2 
manufactured products, or a combination of solid waste which, because 
3 
of its quantity, concentration, physical, chemical, or infectious 
4 
characteristics, may: 
5 
 
6 
i. Cause or significantly contribute to an increase in mortality or an 
7 
increase in a serious irreversible or incapacitating reversible 
8 
illness, or 
9 
 
10 
ii. Pose a substantial present or potential hazard to human health 
11 
or the environment when improperly treated, stored, transported, 
12 
or disposed of, or otherwise managed; 
13 
 
14 
k) Incineration in a WTE facility refers to a waste treatment and resource 
15 
recovery technology that involves the controlled combustion of waste 
16 
materials for the purpose of recovering energy from it, and whose 
17 
emissions and effluents are compliant with the guidelines pursuant to this 
18 
Act and other relevant laws, rules, and regulations; 
19 
 
20 
l) 
Local Government Solid Waste Management Plan refers to the ten (10) year 
21 
solid waste management plan, consistent with the National Solid Waste 
22 
Management Framework, prepared by the LGUs pursuant to Section 16 of 
23 
Republic Act No. 9003, as amended; 
24 
 
25 
m) Municipal waste refers to waste produced from activities within LGUs 
26 
which include a combination of domestic, commercial, institutional, and 
27 
industrial wastes and street litters pursuant to Republic Act No. 9003, as 
28 
amended; 
29 
 
30 
n) National Solid Waste Management Commission (NSWMC) refers to the 
31 
body created and primarily tasked with overseeing the implementation of 
32 
solid waste management plans and prescribing policies to achieve the 
33 
objectives of Republic Act No. 9003, as amended; 
34 
 
35 
o) National Solid Waste Management Framework refers to a document 
36 
prepared by the NSWMC based on the National Solid Waste Management 
37 
Status Report pursuant to Section 15 of Republic Act No. 9003, as 
38 
amended; 
39 
 
40 
p) National Solid Waste Management Status Report refers to a document 
41 
prepared by the Department of Environment and Natural Resources 
42 
(DENR), which is used as a basis in formulating the National Solid Waste 
43 
Management Framework pursuant to Section 14 of Republic Act No. 
44 
9003, as amended; 
45 
 
46 
q) Poisonous and toxic fumes means any emissions and fumes which are 
47 
beyond internationally accepted standards, including but not limited to the 
48 
World Health Organization (WHO) air quality guidelines, as provided in 
49 


 
 
4 
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of 
1 
1999; 
2 
r) 
Processing fee refers to the amount paid to avail of the services of a 
3 
waste-to-energy facility as defined herein; 
4 
 
5 
s) Provincial Solid Waste Management Board refers to the entity established 
6 
by each province pursuant to Section 11 of Republic Act No. 9003, as 
7 
amended; 
8 
 
9 
t) 
Residue refers to substances that remain after a process in a waste-to-
10 
energy facility such as preparation, separation, purification, evaporation, 
11 
combustion, distillation, or filtration; 
12 
 
13 
u) Resource recovery refers to the collection, extraction, or recovery of 
14 
recyclable materials from the waste stream for the purpose of recycling, 
15 
generating energy, or producing a product suitable for beneficial use; 
16 
 
17 
v) Sanitary landfill refers to a waste disposal site designed, constructed, 
18 
operated, and maintained in a manner that exerts engineering control over 
19 
significant potential environment impacts arising from the development 
20 
and operation of the facility pursuant to Republic Act No. 9003, as 
21 
amended; 
22 
 
23 
w) Segregation refers to a solid waste management practice of separating 
24 
different materials found in solid waste in order to promote recycling and 
25 
re- use of resources, facilitate waste treatment processes, and to reduce 
26 
the volume of waste for collection and disposal pursuant to Republic Act 
27 
No. 9003, as amended; 
28 
 
29 
x) Solid waste refers to all discarded household waste, commercial waste, 
30 
nonhazardous institutional and industrial waste, street sweepings, 
31 
construction debris, agricultural waste, and other non-hazardous or non-
32 
toxic solid waste. It shall not include: 
33 
 
34 
i. Waste identified or listed as hazardous waste of a solid, liquid, 
35 
contained gaseous, or semisolid form, which may cause or 
36 
contribute to an increase in mortality or in serious or 
37 
incapacitating reversible illness, or acute or chronic effect on the 
38 
health of persons and other organisms, 
39 
 
40 
ii. Infectious waste from hospitals such as equipment, instruments, 
41 
utensils, and fomites of a disposable nature from patients who 
42 
are suspected to have or have been diagnosed as having 
43 
communicable diseases and must therefore be isolated as 
44 
required by public health agencies, laboratory wastes as 
45 
pathological specimens, and disposable fomites that may harbor 
46 
or transmit pathogenic organisms, and surgical operating room 
47 
pathologic materials from outpatient areas and emergency 
48 
rooms, and 
49 


 
 
5 
 
1 
iii. Waste resulting from mining activities, including contaminated 
2 
soil and debris; 
3 
y) Solid waste management treatment facility refers to any resource recovery 
4 
system or component thereof; any system, program or facility for resource 
5 
conservation; or any facility for the collection, source separation, storage 
6 
transportation, transfer, processing, treatment, or disposal of solid waste; 
7 
 
8 
z) Solid waste management refers to the discipline associated with the 
9 
control of generation, storage, collection, transfer and transport, 
10 
processing, and disposal of solid wastes in a manner that is in accord with 
11 
the best principal of public health, economics, engineering, conservation, 
12 
aesthetics, and other environmental considerations, and that is also 
13 
responsive to the public attitudes; 
14 
 
15 
aa) Waste refers to any material misplaced, unused or rejected by persons 
16 
worthless or unwanted. It includes, among others, agricultural, 
17 
biomedical, chemical and industrial, hazardous, municipal, and solid 
18 
wastes; 
19 
 
20 
bb) Waste-to-Energy (WTE) refers to an energy system with a process of 
21 
converting WTE feedstock with various technologies, usually the 
22 
conversion of non-recyclable waste materials into usable heat, electricity, 
23 
or fuel through a variety of processes; 
24 
 
25 
cc) WTE facility refers to the facility where the WTE operations are conducted; 
26 
 
27 
dd) WTE feedstock refers to the waste materials with calorific-value that are 
28 
taken in for WTE processing in a WTE facility; 
29 
 
30 
ee) Waste generation refers to the act or process of producing solid waste; 
31 
and 
32 
 
33 
ff) WTE strategy refers to a plan of action with measurable targets for the 
34 
utilization of WTE facilities for solid waste management treatment and 
35 
energy production. 
36 
 
37 
SEC. 5. Waste-to-Energy and Waste-to-Energy Facility. – WTE shall be classified 
38 
as another kind of renewable energy resource. A WTE facility shall: 
39 
a) Be both a solid waste management treatment facility and an energy 
40 
production facility; 
41 
 
42 
b) Comply with establishment and operation guidelines for WTE facilities 
43 
pursuant to Sections 6(c), 8(c), and 9(b) of this Act; 
44 
 
45 
c) Ensure the proper management of its residue which should conform to 
46 
relevant laws, rules, and regulations and should include making 
47 
arrangements with a sanitary landfill, or developing its own, prior to its 
48 


 
 
6 
operations, as a disposal site for any residue generated from its operations 
1 
in accordance with NSWMC, DENR, and DOH guidelines issued pursuant 
2 
to this Act; and 
3 
d) Comply with relevant laws, rules, and regulations including but not limited 
4 
to Presidential Decree No. 1586 Establishing an Environmental Impact 
5 
Statement System, Republic Act No. 6969 otherwise known as the Toxic 
6 
Substances and Hazardous and Nuclear Waste Act, Republic Act No. 7638 
7 
otherwise known as the Department of Energy Act of 1992 as amended, 
8 
Republic Act No. 8749, Republic Act No. 9003, as amended. Republic Act 
9 
No. 9136 otherwise known as the Electric Power Industry Reform Act of 
10 
2001, Republic Act No. 9275 otherwise known as the Philippine Clean 
11 
Water Act of 2004, Republic Act No. 9367 otherwise known as the Biofuels 
12 
Act of 2006, Republic Act No. 9513 otherwise known as the Renewable 
13 
Energy Act of 2008, Republic Act No. 11223 otherwise known as the 
14 
Universal Health Care Act, and WHO Guidelines on Air Quality. 
15 
All waste treatment technologies in a WTE facility shall be allowed including 
16 
incineration: Provided, That these technologies shall not emit toxic and poisonous 
17 
fumes into the environment, operate in compliance with best available techniques 
18 
and/or best existing practice for preventing and controlling pollution from waste 
19 
treatment, and shall comply with all the laws mentioned hereof and other relevant 
20 
laws, rules, and regulations. 
21 
In addition to the provisions of this Act, the segregation, collection, transfer, 
22 
storage, and transport of solid waste as WTE feedstock for a WTE facility, and the 
23 
waste treatment process of the WTE facility shall be governed by Republic Act              
24 
No. 9003, as amended, and Republic Act No. 8749, while the energy production aspect 
25 
of the WTE facility shall be governed by Republic Act No. 7638, Republic Act No. 9136, 
26 
Republic Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and 
27 
regulations. 
28 
SEC. 6. The National Solid Waste Management Commission. – The Secretary of 
29 
the Department of Energy shall serve in ex officio capacity as member of the National 
30 
Solid Waste Management Commission (NSWMC), which shall now have fifteen (15) 
31 
members comprising of nine (9) members from the government sector and six (6) 
32 
members from the private sector. In addition to its powers and functions under 
33 
Republic Act No. 9003, as amended, the NSWMC shall: 
34 
a) Include a WTE strategy in the National Solid Waste Management 
35 
Framework; 
36 
 
37 
b) Act as the lead agency in ensuring streamlined standards, criteria, and 
38 
guidelines for WTE facilities to avoid inconsistent and conflicting 
39 
issuances; 
40 
 
41 
c) Regularly determine, review, and publish the following: 
42 
 
43 
i. 
Standards, criteria, and guidelines for: 
44 
 
45 


 
 
7 
1. Determination of the feasibility of integrating a WTE 
1 
strategy 
in 
the 
Local 
Government 
Solid 
Waste 
2 
Management Plan, taking into account the volume of WTE 
3 
feedstock that may be generated from municipal waste in 
4 
an LGU or clusters thereof; 
5 
2. Characterization and composition of solid waste utilized 
6 
as WTE feedstock for WTE facilities to ensure emissions 
7 
are compliant with Republic Act No. 8749 and other 
8 
relevant laws, rules, and regulations, 
9 
 
10 
3. Transport, storage, and pre-processing of WTE feedstock, 
11 
 
12 
4. Pre-operation, siting, design, operation, and maintenance 
13 
of WTE facilities, 
14 
 
15 
5. Quality control and operational control of WTE facilities, 
16 
 
17 
6. Management of residue from WTE facilities, if any; 
18 
 
19 
7. Pollution abatement, emissions monitoring, environmental 
20 
monitoring, and public health and safety monitoring in 
21 
relation to WTE facilities, 
22 
 
23 
8. Decommissioning, closure, and abandonment of WTE 
24 
facilities, and 
25 
 
26 
9. Other guidelines pursuant to relevant laws, rules, and 
27 
regulations, and 
28 
 
29 
ii. 
Minimum standards, criteria, and guidelines, in determining a 
30 
fair, equitable, and reasonable processing fee for WTE facilities 
31 
taking into consideration, among others, the cost of 
32 
construction, operation, and maintenance of the facility as well 
33 
as the potential revenue from the sale of energy output, in 
34 
consultation with relevant government agencies, experts, and 
35 
stakeholders; 
36 
 
37 
d) Consolidate and make available to the public, through its website and any 
38 
online means, the following: 
39 
 
40 
i. 
Current and potential uses of WTE facilities in relation to solid 
41 
waste management; 
42 
 
43 
ii. 
Inventory of existing WTE facilities; 
44 
 
45 
iii. 
General feedstock characterization; 
46 
 
47 
iv. 
Status and projection of feedstock generation; 
48 
 
49 


 
 
8 
v. 
Specific locations of potential feedstock and WTE facilities; and 
1 
 
2 
vi. 
Other relevant Information 
3 
 
4 
 
5 
e) Provide policy guidelines to assist LGUs in the development of WTE 
6 
facilities to include the determination of the potential of WTE facilities In 
7 
their respective localities; 
8 
 
9 
f) Ensure LGUs Incorporate a WTE strategy, if feasible, in their respective 
10 
Local Government Solid Waste Management Plans; 
11 
 
12 
g) Identify and recommend potential clustering of LGUs for a common WTE 
13 
facility in accordance with the standards to be set forth in the 
14 
Implementing Rules and Regulations; 
15 
 
16 
h) Coordinate with the Provincial, City, and Municipal Solid Waste 
17 
Management Boards especially for clustered LGUs employing a common 
18 
WTE facility; and 
19 
 
20 
i) Perform all other acts that are analogous to the foregoing, which are 
21 
necessary and incidental to accomplish the policy objectives of this Act. 
22 
 
23 
SEC. 7. Role of the Department of Energy. – In addition to its powers and 
24 
functions under Republic Act No. 7638, the Department of Energy (DOE) shall: 
25 
a) Issue permits to WTE facilities based on the energy output, and determine 
26 
the standards, criteria, and requirements applicable for each kind of WTE 
27 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic 
28 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and 
29 
regulations; 
30 
 
31 
b) Include a WTE strategy in the Philippine Energy Plan, taking into 
32 
consideration the National Solid Waste Management Framework; 
33 
 
34 
c) Regularly submit to the NSWMC and make available to the public, 
35 
especially to potential WTE investors, national and local information on the 
36 
following: 
37 
 
38 
i. 
Current and potential uses of WTE facilities in relation to solid 
39 
waste management, 
40 
 
41 
ii. 
Inventory of existing WTE facilities, and 
42 
 
43 
iii. 
Other relevant information; and 
44 
 
45 
d) Perform all other acts that are analogous to the foregoing, which are 
46 
necessary and incidental to accomplish the policy objectives of this Act. 
47 


 
 
9 
 
1 
SEC. 8. Role of the Department of Environment and Natural Resources. – In 
2 
addition to its powers and functions under Republic Act No. 9003, as amended, and 
3 
Republic Act No. 8749, the DENR shall: 
4 
a) Include a WTE strategy. If feasible, in the National Solid Waste 
5 
Management Status Report; 
6 
b) Provide technical and other capacity building assistance and support to 
7 
LGUs based on the policy guidelines created by the NSWMC pursuant to 
8 
Section 6(e) of this Act; 
9 
 
10 
c) Implement and revise, when necessary, together with the DOH, existing 
11 
guidelines issued pursuant to Republic Act No. 9003, as amended, on 
12 
waste transport, pre-operation, waste acceptance, waste storage, pre-
13 
processing of waste, quality control, operational control, pollution 
14 
abatement, management of residue, emissions monitoring, environmental 
15 
monitoring, public health and safety monitoring, decommissioning, 
16 
closure, and abandonment, among others, taking into account the 
17 
NSWMC's standards, criteria, and guidelines under Section 6(c) of this Act 
18 
and other relevant laws, rules, and regulations, and in consultation with 
19 
relevant stakeholders; 
20 
 
21 
d) Ensure compliance with Section 8(c) of this Act to Include continuous 
22 
monitoring and testing of by-products of WTE facilities; 
23 
 
24 
e) Make available to the public, through its website and any online means, the 
25 
emissions, effluents and other by-products of WTE facilities; 
26 
 
27 
f) Investigate, motu proprio or upon complaint, reports of non-compliance of 
28 
WTE facilities with the provisions of this Act and other relevant laws, rules, 
29 
and regulations; 
30 
 
31 
g) Exercise visitorial and enforcement powers to ensure strict compliance of 
32 
WTE facilities with this Act, Republic Act No. 9003, as amended. Republic 
33 
Act No. 8749, and other relevant laws, rules, and regulations; 
34 
 
35 
h) Recommend to the NSWMC policies to address challenges of WTE 
36 
facilities from a solid waste management perspective; and 
37 
 
38 
i) Perform all other acts that are analogous to the foregoing, which are 
39 
necessary and incidental to accomplish the policy objectives of this Act. 
40 
 
41 
SEC. 9. Role of the Department of Health. – In addition to its existing powers 
42 
and functions, the DOH shall: 
43 
a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant 
44 
to Republic Act No. 11223 and Presidential Decree No. 1586, as part of the 
45 
Environmental Impact Assessment System, to be jointly reviewed and 
46 
approved by the DOH and DENR prior to construction and operation; 
47 
 
48 


 
 
10 
b) Implement and revise, when necessary, together with DENR, existing 
1 
guidelines issued pursuant to Republic Act No. 9003, as amended, on 
2 
waste transport, pre - operation, waste acceptance, waste storage, pre-
3 
processing of waste, quality control, operational control, pollution 
4 
abatement, management of residue, emissions monitoring, environmental 
5 
monitoring, public health and safety monitoring, decommissioning, 
6 
closure, and abandonment, among others, taking into account the 
7 
NSWMCs standards, criteria, and guidelines under Section 6(c) of this Act 
8 
and other relevant laws, rules, and regulations, and in consultation with 
9 
relevant stakeholders; 
10 
 
11 
c) Regularly conduct an analysis of the effects of WTE facilities and disposal 
12 
sites on public health and submit the same to the NSWMC for 
13 
consolidation, and DENR for proper action, if applicable; 
14 
 
15 
d) Undertake research on the public health impact of WTE facilities together 
16 
with government agencies, the academe, and private stakeholders; 
17 
 
18 
e) Make available to the public, through its website and any online means, 
19 
studies and analyses of the effects of WTE facilities and disposal sites on 
20 
public health; and 
21 
 
22 
f) Perform all other acts that are analogous to the foregoing, which are 
23 
necessary and incidental to accomplish the policy objectives of this Act. 
24 
 
25 
SEC. 10. Role of Local Government Units. – In addition to their powers, functions, 
26 
and responsibilities under Republic Act No. 7160 otherwise known as the Local 
27 
Government Code of 1991, and Republic Act No. 9003, as amended, LGUs shall: 
28 
a) In the case of a city or municipality and if applicable, be responsible for the 
29 
hauling of WTE feedstock to a WTE facility; 
30 
 
31 
b) In the case of a province and if applicable, provide necessary logistical and 
32 
operational support for the processing of WTE feedstock in a WTE facility; 
33 
 
34 
c) Include a WTE strategy, if feasible, in their respective Local Government 
35 
Solid Waste Management Plans; 
36 
 
37 
d) Comply with the standards, criteria, and guidelines on WTE feedstock and 
38 
WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if 
39 
applicable; and 
40 
 
41 
e) Be authorized to enter into and shall comply with all obligations under the 
42 
following: 
43 
 
44 
i. 
Clustering arrangements with other LGUs for a common WTE 
45 
facility, on their own or upon recommendation of the Provincial 
46 
Solid Waste Management Board or the NSWMC: Provided, That 
47 
the province shall have the power to cluster component cities 
48 


 
 
11 
and municipalities based on the NSWMC approved provincial 
1 
and 
local 
solid 
waste 
management 
plans 
and 
the 
2 
recommendation of the NSWMC pursuant to Section 6(g) of 
3 
this Act, 
4 
 
5 
ii. 
Long term contracts with WTE facilities, on their own or with 
6 
clustered LGUs, and 
7 
 
8 
iii. 
Public private partnerships pursuant to Republic Act No. 6957 
9 
otherwise known as An Act Authorizing the Financing, 
10 
Construction, Operation and Maintenance of Infrastructure 
11 
Projects by the Private Sector, and For Other Purposes as 
12 
amended, cooperative undertakings under Section 33 of 
13 
Republic Act No. 7160, and other contractual arrangements 
14 
provided for under existing laws, rules, regulations as well as 
15 
the LGUs' respective charters for the establishment of WTE 
16 
facilities: Provided, That WTE projects submitted to the 
17 
Investment Coordinating Committee pursuant to Republic Act 
18 
No. 6957, as amended, shall be acted upon within thirty (30) 
19 
working days from submission: Provided further, That failure to 
20 
act within the prescribed time frame shall deem such projects 
21 
approved. 
22 
 
23 
The national government shall provide support to all LGUs towards the 
24 
effective implementation and the achievement of the policy objectives of this Act; 
25 
Provided, That the provision of support by the national government shall be compliant 
26 
with the provisions all relevant laws, rules and regulations. 
27 
SEC. 11.  Role of the Provincial Solid Waste Management Board. – In addition to 
28 
its powers and functions under Republic Act No. 9003, as amended, the Provincial 
29 
Solid Waste Management Board shall: 
30 
 
31 
a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste 
32 
Management Plan taking into consideration the Local Government Solid 
33 
Waste Management Plans of all its component cities and municipalities; 
34 
 
35 
b) Recommend potential locations for WTE facilities in the Provincial Solid 
36 
Waste Management Plan; 
37 
 
38 
c) Identify and recommend, or direct pursuant to Section 10 of this Act, 
39 
clustering of component cities and municipalities for a common WTE 
40 
facility, based on the Local Government Solid Waste Management Plans 
41 
of all its component cities and municipalities; 
42 
 
43 
d) Provide the necessary logistical and operational support to component 
44 
cities and municipalities who have the potential to be clustered, have 
45 
decided to be clustered, or have been directed to be clustered pursuant to 
46 
Section 10 of this Act, for a common WTE facility; 
47 
 
48 


 
 
12 
e) Coordinate the efforts and oversee the implementation of the clustering of 
1 
component cities and municipalities for a common WTE facility; and 
2 
 
3 
f) Coordinate with other Provincial, City, and Municipal Solid Waste 
4 
Management Boards In identifying possible Inter- and intra- province 
5 
clustering for a common WTE facility. 
6 
 
7 
SEC. 12. Role of the City or Municipal Solid Waste Management Board. – In 
8 
addition to Its powers and functions under Republic Act No. 9003, as amended, the 
9 
City or Municipal Solid Waste Management Board shall integrate a WTE strategy, if 
10 
feasible, in its Local Government Solid Waste Management Plan, and shall submit a 
11 
copy thereof to the Provincial Solid Waste Management Board. 
12 
 
13 
SEC. 13. Role of the Public-Private Partnership Center. – The Public-Private 
14 
Partnership Center shall provide support to all LGUs towards the effective 
15 
implementation and the achievement of the policy objectives of this Act in accordance 
16 
with its mandate under existing laws, issuances, rules, and regulations. 
17 
 
18 
SEC. 14. Permits and Licenses. – The procedure for the issuance of permits and 
19 
licenses for all kinds of WTE facilities shall be governed by Republic Act No. 11234, 
20 
otherwise known as the Energy Virtual One-Stop Shop Act. 
21 
 
22 
SEC. 15. Prohibited Acts. – The following acts are prohibited: 
23 
 
24 
a) For LGUs: 
25 
 
26 
i. 
Failure to Include, if feasible, and implement, if applicable, the WTE 
27 
strategy in their respective Local Government Solid Waste 
28 
Management Plans, and 
29 
 
30 
ii. 
Failure to perform the responsibilities in Section 10 on the Role of 
31 
Local Government Units, Section 11 on the Role of the Provincial 
32 
Solid Waste Management Board, and Section 12 on the Role of the 
33 
City or Municipal Solid Waste Management Board; 
34 
 
35 
b) For government agencies, failure to perform the powers and functions 
36 
indicated under Section 6 on the National Solid Waste Management 
37 
Commission, Section on the Role of the Department of Energy, Section 8 
38 
on the Role of the Department of Environment and Natural Resources, and 
39 
Section 9 on the Role of the Department of Health; and 
40 
 
41 
c) For WTE facilities: 
42 
 
43 
i. 
Failure to comply with the responsibilities in Section 5 on Waste-to-
44 
Energy and Waste-to-Energy Facility, and 
45 
 
46 
ii. 
Use of imported municipal solid waste as WTE feedstock for a WTE 
47 
facility. 
48 
 
49 


 
 
13 
SEC. 16. Penalties. – Without prejudice to civil and criminal liability, the 
1 
following persons found to have violated the Sections mentioned below shall be 
2 
meted with the following penalties: 
3 
 
4 
a) Officials of LGUs who violate Section 15(a): 
5 
 
6 
i. 
First offense: six (6) months suspension, 
7 
 
8 
ii. 
Second offense: Dismissal from service, perpetual disqualification 
9 
from holding public office, and forfeiture of retirement benefits; 
10 
b) Officials of government agencies who violate Section 15(b) shall suffer 
11 
dismissal from service, perpetual disqualification from holding public 
12 
office, forfeiture of retirement benefits, and imprisonment for one (1) to six 
13 
(6) years with a fine of not less than Five hundred thousand pesos 
14 
(P500,000.00) but not more than Two million pesos (P2,000,000.00); 
15 
 
16 
c) Any person who violates Section 14(c)(i): 
17 
 
18 
i. 
First offense: Fine of One million pesos (PI,000,000.00) and an 
19 
amount not less than ten percent (10%) but not more than fifteen 
20 
percent (15%) of the net annual income during the previous year; 
21 
 
22 
ii. 
Second offense: The same penalties as with the first offense 
23 
including an additional penalty of imprisonment of a minimum 
24 
period of one (1) year but not to exceed three (3) years; 
25 
 
26 
iii. 
Third offense: The same penalties as with the second offense and 
27 
permanent revocation of the license of the WTE facility; 
28 
 
29 
d) Any person who violates Section 14(c)(il) shall pay a fine of One million 
30 
pesos (P1,000,000.00) and an amount not less than ten percent (10%) but 
31 
not more than fifteen percent (15%) of the net annual income during the 
32 
previous year, and shall suffer imprisonment of a minimum period of one 
33 
(1) year but not to exceed three (3) years and permanent revocation of the 
34 
license of the WTE facility. The same person shall repatriate the imported 
35 
municipal solid waste to its country of origin. 
36 
 
37 
For Section 14, if the violation is committed by a corporation, partnership, or 
38 
other juridical entity duly recognized in accordance with the law, the chief executive 
39 
officer, president, general manager, managing partner, or such other officer-in-charge 
40 
shall be liable for the commission of the offense penalized under this Act. 
41 
 
42 
SEC. 17. Incentives. – WTE facilities, depending on their output, shall be entitled 
43 
avail of the incentives under Republic Act No. 9367 otherwise known as the Biofuels 
44 
Act of 2006 and Republic Act No. 9513 otherwise known as the Renewable Energy Act 
45 
of 2008. 
46 
 
47 
 
SEC. 18. Establishment of Dedicated Offices. – The DOE, DENR, DOH and 
48 
NSWMC shall establish dedicated offices for the effective implementation of this Act. 
49 


 
 
14 
The organizational structure and staffing complement shall be determined by the 
1 
Secretaries of DENR, DOE, and DOH, In consultation with the Department of Budget 
2 
and Management, and in accordance with existing civil service rules and regulations. 
3 
The budgetary requirements necessary for the establishment of the dedicated offices 
4 
shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC. 
5 
Thereafter, the funding for the dedicated offices shall be included in the annual 
6 
General Appropriations Act. 
7 
 
8 
SEC. 19. Appropriations. – The amount of Fifteen million pesos 
9 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for DENR, 
10 
Forty-five million pesos (P45,000,000.00) for DOH, and Twenty seven million 
11 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be 
12 
charged against the current year's appropriations of the DOE, DENR, DOH, and NSWMC 
13 
respectively. Thereafter, such amounts necessary for the sustainable implementation 
14 
of this Act shall be included In the Annual General Appropriations Act.  
15 
 
16 
SEC. 20. Congressional Oversight – The Joint Congressional Energy 
17 
Commission (JCEC), created under Republic Act No. 9136 and renamed under 
18 
Republic Act No. 11285, shall exercise oversight powers over the implementation of 
19 
this Act. The Chairpersons of the Committee on Environment and Natural Resources 
20 
of the Senate and the House of Representatives shall be automatic members of the 
21 
JCEC. 
22 
 
23 
SEC. 21. Implementing Rules and Regulations. – The DOE together with the 
24 
DENR in consultation with DOH, NSWMC, Department of Interior and Local 
25 
Government, LGUs, and public and private stakeholders, shall issue the implementing 
26 
rules and regulations of this Act within ninety (90) calendar days upon its effectivity. 
27 
 
28 
 
SEC. 22. Separability Clause. – If any portion or provision of this Act is declared 
29 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
30 
remain in force and effect. 
31 
 
 
32 
SEC. 23. Repealing Clause. – Any law, presidential decree or issuance, executive 
33 
order, letter of Instruction, rule or regulation inconsistent with the provisions of this 
34 
Act Is hereby repealed or amended accordingly. 
35 
 
36 
SEC. 24. Effectivity Clause. – This Act shall take effect fifteen (15) days 
37 
following its complete publication in the Official Gazette or a newspaper of general 
38 
circulation. 
39 
 
40 
Approved,  
41