Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 2469

EXPLANATORY NOTE

The Constitution, Article Il, Section 16, provides:

The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

The beaches and coastal recreation waters of our country are valuable public
resources that are used for recreation by millions of people annually.

Unfortunately, encroachment of watershed areas by increased population and
urbanization have contributed to the decline in the environmental quality of coastal
waters. Unless concrete measures are taken, our beaches and coastal recreation waters
will continue to deteriorate.

This bill seeks to improve the quality of beaches and coastal recreation waters by
adopting consistent criteria that would enhance public health and safety.

Mor TV Pines,
MARCELINO “MARCY” R. TEODORO

Representative
1st District, City of Marikina


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

SIXTEENTH CONGRESS
First Regular Session

2469

HOUSE BILL NO.

INTRODUCED BY REP. MARCELINO “MARCY” R. TEODORO

AN ACT TO IMPROVE THE QUALITY OF BEACHES AND
COASTAL RECREATION WATERS.

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 "Beaches Environmental
Assessment, Closure, and Health Act."

SEC. 2. Purposes. - The purpose of this Act is to require uniform criteria and
procedures for testing, monitoring, and notifying users of public coastal recreation waters
and beaches -

a) To protect public safety; and
b) To improve environmental quality,

SEC. 3. Definition of Terms. - For the purposes of this Act, the term:

a) "Coastal recreation waters” means waters adjacent to public beaches and marine
coastal waters including bays, lagoon mouths, and coastal estuaries within the
tidal zones used by the public for-

1. Swimming;

2. Bathing;

3. Surfing; or

4, Other similar body contact purposes

b) "Floatable materials" means any foreign matter that may float or remain
suspended in water, including-

Plastic;

Aluminum cans;
Wood;

Bottles;

Paper products; and
Fishing gear.

Oraona

SEC. 4. Adoption of Coastal Recreational Water Quality Criteria.-

a) In General. - Not later than three (3) years and one hundred eighty (180) days
after the date of enactment of this Act, the Secretary of the Department of
Environment and Natural Resources shall adopt water quality criteria for coastal
recreation waters.

b) Development of Criteria. - Water quality criteria described in paragraph (a) shall
be developed and promulgated in accordance with existing environmental laws
and policies.


SEC. 5. Water Quality Criteria Revision. -

a) Studies - Not later than three (3) years after the date of enactment of this Act,
and after consultation with appropriate officials, including local health officials,
and other interested persons, the Secretary shall conduct studies to provide new
information for use in developing -

1. A more complete list of potential human health risks from inhalation,
ingestion, or body contact with coastal recreation water, including effects on
the upper respiratory system;

2. Appropriate and effective indicators for improving direct detection of the
presence of pathogens found harmful to human health in coastal
recreational waters;

3. Appropriate, accurate, and expeditious methods (including predictive
models) for detecting the presence of pathogens in coastal recreation waters
that are harmful to human health; and

4, Guidance for the application of the criteria issued under subsection (2) to
account for the diversity of geographic and aquatic conditions throughout the
country.

b) Revised Criteria, - Not later than five (5) years after the date of enactment of this
Act, based on the results of the studies conducted under paragraph (a), the
Secretary, after consultation with appropriate officials, including local health
officials, and other interested parties, shall -

1, Issue revised water quality criteria for pathogens in coastal recreation waters
that are harmful to human health, including a revised list of indicators and
testing methods; and

2. Not less than once every five (5) years thereafter, review and revise the
water quality criteria

SEC. 6. Coastal Beach Water Quality Monitoring. —
a) Monitoring. -

1. In General. - Not later than one (1) year and one hundred eighty-(180) days
after the date of enactment of this Act, the Administrator shall promulgate
regulations requiring monitoring by the department of public coastal
recreation water and beaches for:

a. Compliance with applicable water quality criteria; and
b. Maintenance of public safety.

2. Contents of Requirements. - Monitoring requirements established under this
section shall specify, at a minimum —

a. Available monitoring methods to be used; and
b. The frequency and location of monitoring based on —

i, The periods of recreational use of coastal recreation waters and
beaches;

ii, The extent and degree of recreational use during the periods
described in clause (');

iii, The proximity of coastal recreation water to known or identified point
and non-point sources of pollution; and


iv. The relationship between the use of public recreation water and
beaches to storm events;

c. Methods for -
i, Detecting levels of pathogens that are harmful to human health; and

ii, Identifying short-term increases in pathogens that are harmful to
human health in coastal recreation waters, including the relationship
of short-term increases in pathogens to storm events.

d. Conditions and procedures under which discrete areas of coastal
recreation waters may be exempted by the Secretary from the monitoring
requirements under this subsection, if the Secretary determines that an
exemption will not -

i, Impair compliance with the applicable water quality criteria for that
water; and

ii, | Compromise public safety.

b) Notification Requirements. ~
1. In General, - Regulations promulgated under subsection (1) shall require
provinces to provide notification of a failure or the likelihood of a failure to
meet applicable water quality criteria for provincial coastal recreation water,
to:
a. Local governments;
b. The public; and
c. The Secretary

Rv

Information Included in Notification. - Notification under this subsection shall
require, at a minimum ~

a. The prompt communication of the occurrence, nature, extent, and
location of, and substances, including pathogens, involved in, a failure
or immediate likelihood of a failure to meet water quality criteria, to a
designated official of a local government having jurisdiction over land
adjoining the coastal recreation water for which the failure or imminent
failure to meet water quality criteria is identified; and

b. the posting of signs, during the period in which water quality criteria
are not met continues, that are sufficient to give notice to the public —

i, of a failure to meet applicable water quality criteria for the
water; and

ii, the potential risks associated with water contact activities in the
water.

¢) Review and Revision of Regulations. - Periodically, but not less than once every
five (5) years, the Secretary shall review- and make any necessary revisions to
regulations promulgated under this section.

d) Implementation. -
1. In General. - Not later than three (3) years and one hundred eighty (180)
days after the date of enactment of this Act, each province shall implement a
monitoring and notification program that conforms to the regulations
promulgated under subsections (1) and (2).


2. Revision of Program. - Not later than two (2) years after the date of
Publication of any revisions by the Secretary under subsection (3), each
province shall revise the program established under paragraph (a) to
incorporate the revisions

) Guidance; Delegation of Responsibility. -
1. In General. - Not later than one (1) year and one hundred eighty (180) days
after the date of enactment of this title, the Secretary shall issue guidance
establishing —

a. Core performance measures for testing, monitoring, and notification
programs under this section; and

b. The delegation of testing, monitoring, and notification programs under
this section to the local government authorities.

2. Delegation of Responsibility to Local Governments. - If a responsibility
described in the above paragraph is delegated by a province to a local
government authority, or is delegated to a local government authority before
the date of enactment of this section, resources, including grants made, shall
be made available to the delegated authority for the purpose of implementing
the delegated program in a manner that is consistent with the guidance
issued by the Secretary.

) Floatable Materials Monitoring; Technical Assistance. - Not later than one (1)
year and one hundred eighty (180) days after the date of enactment of this Act,
the Secretary shall-

1, Provide technical assistance for uniform assessment and monitoring
procedures for floatable materials in coastal recreation waters; and

2. Specify the conditions under which the presence of floatable material shall
constitute a threat to public health and safety.

2) Occurrence Database. - The Secretary shall establish, maintain, and make
available to the public by electronic and other means —

1. A national coastal recreation water pollution occurrence database using
reliable information, including the information reported under paragraph (a);
and

2. A listing of communities conforming to the regulations promulgated under
paragraph (a) and (b).

SEC. 7. Report to Congress. - Not later than four (4) years after the date of the
enactment of this title and periodically thereafter, the Secretary shall submit to Congress
a report that contains -

a) Recommendations conceming the need for additional water quality criteria and
other actions that are necessary to improve the quality of coastal recreation
waters; and

b) An evaluation of efforts to implement this Act.
SEC. 8. Separability Clause. — Should any provision of this Act be declared invalid or

unconstitutional, the validity or constitutionality of the other provisions shall not be
affected thereby.


SEC. 9. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
and other issuances or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly

SEC. 10, Effectivity. — This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation

Approved,