SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr. S

House Bill No. 3285

EXPLANATORY NOTE

The right of the people to a balanced and healthful ecology is upheld by the
Constitution. It is, therefore, the mandate of the State to safeguard that right and to
Provide the resources to implement this policy for the benefit of all cifzens.

Public health and safety greatly depends on the awareness of citizens and
local officials of the toxic dangers that exist in their homes, communities and
neighborhoods. Of all sectors in the society, it is the children and other vulnerable
subpopulations like pregnant women, the elderly and individuals with a history of
ailments that face unique health threats needing special attention. However, our
current standards for environmental pollutants fail to protect or even consider risks to
children and other vulnerable subpopulations.

There is a need to clearly differentiate between the risks to children and other
vulnerable sectors in the setting of environmental and public health standards. It is
also important that such standards be made known and understood by the target
sector for their own protection.

This bill seeks to address these issues by tasking the Department of
Environment and Natural Resources (DENR), in collaboration with the Department of
Health (DOH) and the Department of Agriculture (DA) in setting appropriate standards.
This bill institutes the necessary mechanisms for ensuring and supplying data that
would allow adequate quantification and evaluation of environmental pollutants specific
to these sectors, providing information on the risks to children and the risks to other
vulnerable sub-pollutants. In so doing, the citizens will be able to exercise their right to
know and make informed decisions to protect their families.

In view of the foregoing considerations early passage of this bill is eamestly
sought

RUFUS B. RODRIGUEZ

MAXIMO B. Ub sz JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

~ Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo. 83285

AN ACT
TO PROTECT CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS FROM
EXPOSURE TO CERTAIN ENVIRONMENTAL POLLUTANTS, AND FOR OTHER
PURPOSES

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

ARTICLE |
GENERAL PROVISIONS

SECTION 1. Title. This Act shall be known and cited as “Children’s Environmental
Protection Act.”

SEC 2. Declaration of Policy. It is the policy of the State, concordant with the
Constitution, to protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature and to promote and protect
the children's physical well-being in recognition of the youth's vital role in nation
building. To ensure the implementation of these policies, the State shall ensure that:

a) All environmental and public health standards set by the Department
of Environment and Natural Resources (DENR) and the Department
of Health (DOH), respectively must, with an adequate margin of
safety, protect children and other vulnerable subpopulations that are
at greater risk from exposure to environmental pollutants;

b) Information, including a safer-for-children product list, should be
made readily available by the DENR to the general public and
relevant government agencies to advance the public's right to know
and prevent unnecessary and involuntary exposure to environmental
pollutants;

¢) Not later that one (1) year after the safer-for-children product list is
created, only listed products or chemicals that minimize potential
health risks to children shall be used in properties and areas of the
State; and

d) Scientific research opportunities should be identified by the DENR
and the DOH to study the short-term and long-term health effects of
cumulative, simultaneous and synergistic exposures of children and
other vulnerable subpopulations to environmental pollutants.

SEC 3. Definitions of Terms - As used in this Act:

a) “Areas that are Reasonably Accessible to Children” shall refer to
homes, schools, day care centers, shopping malls, movie theaters
and parks;

b) “Children” shall refer to individual 18 years of age or younger;


c)

qd)

“Department” shall refer to the Department of Environment and
Natural Resources;

“Environmental Pollutants” shall refer to the hazardous substance or
a pesticide, as defined in R.A. 6969 and those other pollutants
under national standards;

“Secretary” shall refer to the Secretary of Environment and Natural
Resources;

“State Properties and Areas” shall refer to areas owned or controlled
by the Republic of the Philippines; and

“Vulnerable Subpopulations” shall refer to children, pregnant
women, the elderly, individuals with a history of serious illness and
other subpopulations identified by the Secretary of Environment, in
collaboration with the Secretary of Health as likely to experience
elevated health risks from environmental pollutants.

ARTICLE Il
‘SAFEGUARDING CHILDREN AND OTHER VULNERABLE
SUBPOPULATIONS

SEC 4. Functions of the Secretary of the DENR. The Secretary of the Department
of Environment and Natural Resources in collaboration with the Secretary of Health

shall:

a)

b)

c)

Consistently and explicitly evaluate and consider environmental
health risks to vulnerable subpopulations in all of the risk
assessments, risk characterizations, environmental and public health
standards and regulatory decisions carried out by the Secretary;

Ensure that all environmental and public health standards protect
children and other vulnerable subpopulations with an adequate
margin of safety; and

Develop and use a separate assessment or finding of risks to
vulnerable subpopulations or publish in at least two (2) newspapers
of general circulation an explanation why the separate assessment
oF finding is not in used.

SEC 5. Reevaluation of Current Public Health and Environmental
Standards. As part of any risk assessment, risk characterization, environmental and
public health standard or regulation, or general regulatory decision carried out by the
Secretary, he shall evaluate and consider the environmental health risks to children
and other vulnerable subpopulations.

Not later that one (1) year after the date of enactment of this Act, the Secretary

shall
a)
b)

c)

4)

Develop an administrative strategy and process for reviewing
standards;

Pubiish in at least two (2) newspapers of general circulation a list of
standards that may need revision to ensure the protection of
children and vulnerable subpopulations;

Prioritize the list according to the standards that are most important
for expedited review to protect children and vulnerable
subpopulations:

Identify which standards on the list will require additional research
in order to be reevaluated and outline the time and resources
required to carry out the research;


e)

)
9)

h)

Identify, through public input and peer review, public health and
environmental standards to be re-promulgated on an expedited
basis to meet the criteria of this subsection;

Propose revised standards that meet the criteria of this subsection
not later than five (5) years after the date of enactment of this title;
Complete the revision of all standards in accordance with this
subsection not later that ten (10) years after the date of enactment
of this title;

Report to Congress on an annual basis, the progress made by the
Secretary in carrying out the objectives and policy of this
subsection;

ARTICLE Il
SAFER ENVIRONMENT FOR CHILDREN

SEC 6. Safer Environment for Children. To ensure a safer environment for children,
in not later than one year after the enactment of this Act, the Secretary shall:

a)

b)

¢)

d)

e)

f)
9)

Identify environmental pollutants commonly used or found in areas
that are reasonably accessible to children;

Create a scientifically peer-reviewed list of substances identified
under paragraph one (1) with known, likely or suspected health risks
‘to children;

Create a scientifically peer-reviewed list of safer-for-children
substances and products recommended by the Secretary for use in
areas that are reasonably accessible to children, that when applied
as recommended by the manufacturer, will minimize potential risks
to children from exposure to environmental pollutants;

Establish guidelines to help reduce and eliminate exposure to
children to environmental pollutants in areas reasonably accessible
to children, including advice on how to establish an integrated pest
management program;

Create a family right-to-know information kit that includes a summary
of helpful information and guidance to families, such as the
information created under paragraph (3), the guidelines established
under paragraph (4), information on the potential effects of
environmental pollutants, practical suggestions on how parents may
reduce their children’s exposure to environmental pollutants, and
other relevant information, as determined by the Secretary in
cooperation with the Secretary of Department of Health:

Make all information created pursuant to this subsection available to
government agencies, the public and on the intemet; and

Review and update lists created under paragraphs (2) and (3) at
least once each year;

SEC 7. Compliance in Public Areas that are Reasonably Accessibie to Children.
Not later that one year after the list of public areas that are reasonably accessible to
children is created and made available to the public by the Department, the Secretary
shall prohibit the use of any product that has been excluded from the safer-for-children
listin State properties and areas.

ARTICLE IV
RESEARCH TO IMPROVE INFORMATION ON
EFFECTS OF CHILDREN


SEC 8. Toxicity Data. The Secretary of Agriculture and the Secretary of Health shall
coordinate and support the development and implementation of basic and applied
research initiatives to examine the health effects and toxicity of pesticides (including
active and inert ingredients) and other environmental pollutants on children and other
vulnerable subpopulations.

SEC 9. Biennial Report. The Secretary of Agriculture and the Secretary of Health
shall submit joint biennial reports to Congress on actions taken to carry out this article.

ARTICLE V
FINAL PROVISIONS

SEC 10. Appropriations. The amount necessary to carry out the provisions of this
Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.

SEC 11. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

SEC 12. Repealing Clause. Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this Act
is hereby repealed or modified accordingly.

SEC 13. Effectivity Clause. This Act shall take effect fifteen (15) days from the date

of this publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,