TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
Senate Bill No. 232
25 JLIL -9 P3 SO
R1;X-
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY
TECHNOLOGIES
EXPLANATORY NOTE
As the country develops, our population increases and more 
improvements are made in our way of life, the volume of waste that we create 
increases too. The Environment and Management Bureau (EMB) projects that 
from 2022 to 2025 the country's generated waste will reach 92 million tons in 
total. Unfortunately, our solid waste disposal system is yet to keep up with the 
continuously increasing amount of household and domestic wastes that we 
produce.
This bill seeks to help address our solid waste management problems by 
encouraging the development of environmentally sustainable innovations in the 
recovery, conservation, processing, treatment, and disposal of solid waste by 
using waste-to-energy (WTE) technologies. Waste to energy uses various 
technologies to convert non-recyclable waste materials into usable heat, 
electricity or fuel through a variety of processes. This way, not only would we be 
able to prevent our landfills from being filled up, but we can actually harness 
usable energy from non-recyclable waste.
Under this proposed measure, waste-to-energy will be classified as 
another renewable energy source. Waste to energy facilities will serve as a solid 
waste management facility and an energy production facility.
The protection of our environment is an important consideration, so 
safeguards are provided in the proposed measure to make sure that this 
innovation will not be at the cost of health or environment safety.


Innovative solutions to prevailing problems in solid waste management 
like the use of waste-to-energy technologies can be effective not only in the 
proper disposal of the tons of household and domestic waste produced by the 
country every day, but can also aid in addressing the energy problems of the 
country by serving as another renewable energy source. It can also address the 
problem of limited land in many local government units, particularly in our island 
provinces or municipalities which makes it difficult for them to provide for 
appropriate sanitary landfills.
In view of the forgoing, approval of this measure is earnestly sought.
JUAIi^IGUEL F. ZUBIRI


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
Senate Bill No.
292
25 JUL-9 P3-.50
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY
TECHNOLOGIES
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled:
1 
SECTION 1. Short Title. - This Act shall be referred to as the "Waste-
2 
to-Energy Act."
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the
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State to:
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a) Ensure protection of the public's health and the environment through a
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systematic and comprehensive ecological solid waste management
7 
program;
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b) Strengthen its commitment to solid waste avoidance and volume
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reduction by supplementing the latter with other solid waste management
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treatment technologies to include waste-to-energy;
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c) Encourage the development and utilization of environmentally sustainable
12 
new and alternative technologies in resource recovery, resource
13 
conservation, processing, treatment, and disposal of solid waste, such as
14 
waste-to-energy facilities;
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d) Support the utilization of waste-to-energy facilities in order to attain
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sustainable energy and energy security;
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e) Strengthen the integration of solid waste management, waste-to-energy
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promotion, and environmental protection towards healthful cities amidst
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economic growth and development; and
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f) Promote collaboration, cooperation, and participation of various sectors in
21 
coordinated approaches to solid waste management and waste treatment
22 
technology towards national development and jobs creation.


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SEC. 3. Scope and Application. — This Act shall apply to all local
2 
government units (LGU) and waste-to-energy (WTE) facilities.
3 
SEC. 4. Definition of Terms. - For purposes of this Act, the following
4 
terms shall be defined as stated below:
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a) Agricultural waste refers to waste generated from planting or harvesting
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of crops, trimming or pruning of plants, and wastes or run-off materials
7 
from farms or fields;
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b) Biomedical waste or hazardous healthcare waste refers to waste from
9 
healthcare facilities that may pose a variety of environmental and health
10 
risks. It can be further classified into sharps waste, infectious waste,
11 
pathological and anatomical waste, pharmaceutical waste, genotoxic
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waste, chemical waste, radioactive waste, and pressurized containers as
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defined by the Department of Health (DOH);
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c) City or Municipal Solid Waste Management Board refers to the entity
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established by each city or municipality pursuant to Section 12 of Republic
16 
Act No. 9003, otherwise known as the Ecological Solid Waste Management
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Act of 2000, as amended;
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d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous
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chemicals from laboratories, industrial establishments, or other sources
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such as diagnostic and experimental work, environmental work, cleaning,
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housekeeping, and disinfecting procedures;
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e) Clustering is a strategy of pooling available resources of local government
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units (LGUs) for the establishment of a common solid waste management
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treatment facility or service;
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f) Collection refers to the act of removing solid waste from the source or
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from a communal storage point;
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g) Disposal refers to the deposit, or placing of any solid waste into an
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approved disposal site pursuant to Republic Act No. 9003, as amended;
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h) Disposal site refers to a facility where solid waste is finally deposited and
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placed pursuant to Republic Act No. 9003, as amended;
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i) Emission means any air contaminant, pollutant, gas stream, or unwanted
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sound from a known source which is passed into the atmosphere;
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j) Hazardous waste refers to substances that are without any safe
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commercial, industrial, agricultural, or economic usage. It also includes
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those which are shipped, transported, or brought from the country of
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origin for dumping or disposal into or in transit through any part of the
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Philippines. It shall also refer to by-product, side-products, process
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residues, spent reaction media, contaminated plant or equipment, or other
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substances from manufacturing operations and as a customer discard of
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manufactures products or a combination of solid waste which, because of
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its quantity, concentration, physical, chemical, or infectious characteristics,
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may:
43 
i. 
Cause or significantly contribute to an increase in mortality or an
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increase in a serious irreversible or incapacitating reversible
45 
illness, or
46 
il. 
Pose a substantial present or potential hazard to human health or


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the environment when improperly treated, stored, transported, or
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disposed of, or otherwise managed;
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k) Incineration in a WTE faciiity refers to a waste treatment and resource
4 
recovery technology that involves the controlled combustion of waste
5 
materials for the purpose of recovering energy from it; and whose
6 
emissions and effluents are compliant with the guidelines pursuant to this
7 
Act and other relevant laws, rules, and regulations;
8 
I) Locai Government Soiid Waste Management Plan refers to the ten (10)
9 
year solid waste management plan, consistent with the National Solid
10 
Waste Management Framework, prepared by the LGUs pursuant to
11 
Section 16 of Republic Act No. 9003, as amended;
12 
m) Municipal waste refers to waste produced from activities within LGUs
13 
which include a combination of domestic, commercial, institutional, and
14 
industrial wastes and street litters pursuant to Republic Act No. 9003, as
15 
amended;
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n) National Solid Waste Management Commission (NSWMC) refers to the
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body created and primarily tasked with overseeing the implementation of
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solid waste management plans and prescribing policies to achieve the
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objectives of Republic Act No. 9003, as amended;
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o) National Solid Waste Management Framework refers to a document
21 
prepared by the NSWMC based on the National Solid Waste Management
22 
Status Report pursuant 
to Section 15 
of Republic Act No. 9003, as
23 
amended;
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p) National Solid Waste Management Status Report refers to a document
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prepared by the Department of Environment and Natural Resources
26 
(DENR), which is used as a basis in formulating the National Solid Waste
27 
Management Framework pursuant to Section 14 of Republic Act No. 9003,
28 
as amended;
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q) Poisonous and toxic fumes means any emissions and fumes which are
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beyond internationally accepted standards, including but not limited to the
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World Flealth Organization (WFIO) are quality guidelines, as provided in
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Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of
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1999;
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r) Processing fee refers to the amount paid to avail of the services of a
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waste-to-energy facility as defined herein;
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s) Provincial Solid Waste Management Board refers to the entity established
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by each province pursuant to Section 11 of Republic Act No. 9003, as
38 
amended;
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t) Residue refers to substances that remain after a process in a waste-to-
40 
energy facility such as preparation, separation, purification, evaporation,
41 
combustion, distillation, or filtration;
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u) Resource recovery refers to the collection, extraction, or recovery of
43 
recyclable materials from the waste stream for the purpose of recycling,
44 
generating energy, or producing a product suitable for beneficial use;
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v) Sanitary landfill refers to a waste disposal site designed, constructed,
46 
operated, and maintained in a manner that exerts engineering control
47 
over significant potential environment impacts arising from the
48 
development and operation of the facility pursuant to Republic Act No.


1 
9003, as amended;
2 
w) Segregation refers to a solid waste management practice of separating
3 
different materials found in solid waste in order to promote recycling and
4 
re-use of resources, facilitate waste treatment processes, and to reduce
5 
the volume of waste for collection and disposal pursuant to Republic Act
6 
No. 9003, as amended;
7 
x) Solid waste refers to all discarded household waste, commercial waste,
8 
non-hazardous institutional and industrial waste, street sweepings,
9 
construction debris, agricultural waste, and other non-hazardous or non-
10 
toxic solid waste. It shall not include:
11 
i. 
Waste identified or listed as hazardous waste of a solid, liquid,
12 
contained gaseous, or semisolid form, which may cause or contribute
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to an increase in mortality or in serious or incapacitating reversible
14 
illness, or acute or chronic effect on the health of persons and other
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organisms,
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ii. 
Infectious waste from hospitals such as equipment, instruments,
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utensils, and fomites that may harbor or transmit pathogenic
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organisms, and surgical operating room pathological materials from
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outpatient areas and emergency rooms, and
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iii. 
Waste resulting from mining activities, including contaminated soil and
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debris;
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y) Solid waste management treatment facility refers to any resource recovery
23 
system or component thereof; any system, program or facility for resource
24 
conservation; or any facility for the collection, source separation, storage
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transportation, transfer, processing, treatment, or disposal of solid waste;
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z) Solid waste management refers to the discipline associated with the
27 
control of generation, storage, collection, transfer and transport,
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processing, and disposal of solid wastes in a manner that is in accord with
29 
the best principal of public health, economics, engineering, conservation,
30 
aesthetics, and other environmental considerations, and that is also
31 
responsive to the public attitudes;
32 
aa) Waste refers to any material misplaced, unused or rejected by persons as
33 
worthless or unwanted. It includes, among others, agricultural,
34 
biomedical, chemical and industrial, hazardous, municipal, and solid
35 
wastes;
36 
bb) Waste-to-Energy (WTE) refers to an energy system with a process of
37 
converting WTE feedstock with various technologies, usually the
38 
conversion of non-recyclable waste materials into usable heat, electricity,
39 
or fuel through a variety of processes;
40 
cc) WTE facility refers to the facility where the WTE operations are
41 
conducted;
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dd) WTE feedstock refers to the waste materials with calorific-value that are
43 
taken in for WTE processing in a WTE facility;
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ee) Waste generation refers to the act or process of producing solid waste;
45 
and
46 
ff) WTE strategy refers to a plan of action with measurable targets for the
47 
utilization of WTE facilities for solid waste management treatment and


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


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its powers and functions under Republic Act No. 9003, as annended, the NSWMC 
shall:
a) Include a WTE strategy in the National Solid Waste Management 
Framework;
b) Act as the lead agency in ensuring streamlined standards, criteria, and 
guidelines for WTE facilities to avoid inconsistent and conflicting 
issuances;
c) Regularly determine, review, and publish the following:
i. Standards, criteria, and guidelines for:
1. 
Determination of the feasibility of integrating a WTE strategy in the 
Local Government Solid Waste Management Plan, taking into account the 
volume of WTE feedstock that may be generated from municipal waste in 
an LGU or clusters thereof;
2. 
Characterization and composition of solid waste utilized as WTE 
feedstock for WTE facilities to ensure emissions are compliant with 
Republic Act No. 8749 and other relevant laws, rules, and regulations;
3. 
Transport, storage, and pre-processing of WTE feedstock;
4. 
Pre-operation, siting, design, operation, and maintenance of WTE 
facilities;
5. 
Quality control and operational control of WTE facilities;
6. 
Management of residue from WTE facilities, if any;
7. 
Pollution abatement, emissions monitoring, environmental 
monitoring, and public health and safety monitoring in relation to WTE 
facilities;
8.
9.
and
Decommissioning, closure, and abandonment of WTE facilities; 
Other guidelines pursuant to relevant laws, rules, and regulations;
ii. Minimum standards, criteria, and guidelines, in determining a fair, 
equitable, and reasonable processing fee for WTE facilities taking into 
consideration, among others, the cost of construction, operation, and 
maintenance of the facility as well as potential revenue from the sale 
of energy output, in consultation with relevant government agencies, 
experts, and stakeholders;
d) Consolidate and make available to the public, through its website and any 
online means, the following:
i. Current and potential uses of WTE facilities in relation to solid 
waste management;
ii. Inventory of existing WTE facilities;
iii. General feedstock characterization;
iv. Status and projection of feedstock generation;
V. Specific locations of potential feedstock and WTE facilities; and 
vi. Other relevant information
e) Provide policy guidelines to assist LGUs in the development of WTE


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facilities to include the determination of the potential of WTE facilities in 
their respective localities;
f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective 
Local Government Solid Waste Management Plans;
g) Identify and recommend potential clustering of LGUs for a common WTE 
facility in accordance with the standards to be set forth in the 
Implementing Rules and Regulations;
h) Coordinate with the Provincial, City, and Municipal Solid Waste 
Management Boards especially for clustered LGUs employing a common 
WTE facility; and
i) Perform all other acts that are analogous to the foregoing, which are 
necessary and incidental to accomplish the policy objectives of this Act.
13 
SEC. 7. Role of the Department of Energy. — In addition to its powers
14 
and functions under Republic Act No. 7638, the Department of Energy (DOE)
15 
shall:
16 
a) Issue permits to WTE facilities based on the energy output, and determine
17 
the standards, criteria, and requirements applicable for each kind of WTE
18 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic
19 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and
20 
regulations;
21 
b) Include a WTE strategy in the Philippine Energy Plan, taking into
22 
consideration the National Solid Waste Management Framework;
23 
c) Regularly submit to the NSWMC and make available to the public,
24 
especially to potential WTE investors, national and local information on the
25 
following:
26
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28 
29
Current and potential uses of WTE facilities in relation to solid waste 
management.
Inventory of existing WTE facilities.
Other relevant Information; and
30 
d) Perform all other acts that are analogous to the foregoing, which are
31 
necessary and incidental to accomplish the policy objectives of this Act.
32 
SEC 8. Role of the Department of Environment and Natural
33 
Resources. - In addition to its powers and functions under Republic Act No.
34 
9003, as amended, and Republic Act No. 8749, the DENR shall:
35 
a) Include a WTE strategy, if feasible, in the National 
Solid Waste
36 
Management Status Report;
37 
b) Provide technical and other capacity building assistance and support to


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


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e) Make available to the public, through its website and any online means,
2 
studies and analyses of the effects of WTE facilities and disposal sites on
3 
public health; and
4 
f) Perform all other acts that are analogous to the foregoing, which are
5 
necessary and incidental to accomplish the policy objectives of this Act.
6 
SEC. 10. Role of Local Government Units. - In addition to their
7 
powers, functions, and responsiblities under Republic Act No. 7160 otherwise
8 
known as the Local Government Code of 1991, and Republic Act No. 9003, as
9 
amended, LGUs shall:
10 
a) In the case of a city or municipality and if applicable, be responsible for
11 
the hauling of WTE feedstock to a WTE facility;
12 
b) In the case of a province and if applicable, provide necessary logistical
13 
and operational support for the processing of WTE feedstock in a WTE
14 
facility;
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c) Include a WTE strategy, if feasible, in their respective Local Government
16 
Solid Waste Management Plans;
17 
d) Comply with the standards, criteria, and guidelines on WTE feedstock and
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WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if
19 
applicable; and
20 
e) Be authorized to enter into and shall comply with all obligations under the
21 
following:
22 
i. 
Clustering arrangements with other LGUs for a common WTE facility,
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on their own or upon recommendation of the Provincial Solid Waste
24 
Management Board or the NSWMC: Provided, That the province shall
25 
have the power to cluster component cities and municipalities based
26 
on the NSWMC approved provincial and local solid waste management
27 
plans and the recommendation of the NSWMC pursuant to Section
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6(g) of this Act;
29 
ii. 
Long term contracts with WTE facilities, on their own or with clustered
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LGUs, and
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iii. 
Public private partnerships pursuant to Republic Act No. 6957
32 
otherwise known as "An Act Authorizing the Financing, Construction,
33 
Operation and Maintenance of Infrastructure Projects by the Private
34 
Sector, and for Other Purposes, as amended, cooperative undertakings
35 
under Section 33 of Republic Act No. 7160, and other contractual
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arrangements provided for under existing laws, rules, regulations as
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well as the LGUs' respective charters for the establishment of WTE
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facilities: Provided, That WTE projects submitted to the Investment
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Coordinating Committee pursuant to Republic Act No. 6957, as
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amended, shall be acted upon within thirty (30) working days from
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submission Provided, further. That failure to act within the prescribed
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time frame shall deem such projects approved.
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The national government shall provide support to all LGUs towards the
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effective implementation and the achievement of the policy objectives of this
45 
Act: Provided, That the provision of support by the national government shall be
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complaint with the provisions all relevant laws, rules and regulations.


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SEC. 11. Role of the Provincial Solid Waste Management Board. —
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In addition to its powers and functions under Republic Act No. 9003, as
3 
amended, the Provincial Solid Waste Management Board shall:
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a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste
5 
Management Plan taking into consideration the Local Government Solid
6 
Waste Management Plans of all its component cities and municipalities;
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b) Recommend potential locations for WTE facilities in the Provincial Solid
8 
Waste Management Plan;
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c) Identify and recommend, or direct pursuant to Section 10 of this Act,
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clustering of 
component cities and municipalities for a common WTE
11 
facility, based on the Local Government Solid Waste Management Plans of
12 
all its component cities and municipalities;
13 
d) Provide the necessary logistical and operational support to component
14 
cities and municipalities who have the potential to be clustered, have
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decided to be clustered, or have been directed to be clustered pursuant to
16 
Section 10 of this Act, for a common WTE facility;
17 
e) Coordinate the efforts and oversee the implementation of the clustering of
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component cities and municipalities for a common WTE facility; and
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f) Coordinate with other Provincial, City and Municipal Solid Waste
20 
Management Boards in identifying possible inter- and intra- province
21 
clustering for a common WTE facility.
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SEC. 12. Role of the City or Municipal Solid Waste Management
23 
Board. - In addition to its powers and functions under Republic Act No. 9003,
24 
as amended, the City or Municipal Solid Waste Management Board shall integrate
25 
a WTE strategy, if feasible, in its Local Government Solid Waste Management
26 
Plan, and shall submit a copy thereof to the Provincial Solid Waste Management
27 
Board.
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SEC. 13. Role of the Public-Private Partnership Center. - The
29 
Public-Private Partnership Center shall provide support to all LGUs towards the
30 
effecgtive implementation and the achievement of the policy objectives of this
31 
Act in accordance with its mandate under existing laws, issuances, rules, and
32 
regulations.
33 
SEC. 14. Permits and Licenses. - The procedure for the issuance of
34 
permits and licenses for all kinds of WTE facilties shall be governed by Republic
35 
Act No. 11234, otherwise known as the Energy Virtual One-Stop Shop Act.
36 
SEC. 15. ProhobitedActs. — The following acts are prohibited:
37 
a) For LGUs:
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i. Failure to include, if feasible, and implement, if applicable, the WTE
39 
strategy in their respective Local Government Solid Waste
40 
Management Plans, and
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ii. 
Failure to perform the 
responsibilities in Section 10 on the Role of
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Local Government Units, Section 11 on the Role of the Provincial Solid
3 
Waste Management Board, and Section 12 on the Role of the City or
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Municipal Solid Waste Management Board;
5 
b) For government agencies, failure to perform the powers and functions
6 
indicated under Section 6 on the National Solid Waste Management
7 
Commission, Section 7 on the Role of the Department of Energy, Section
8 
8 on the Role of the Department of Environment and Natural Resources,
9 
and Section 9 on the Role of the Department of Health; and
10 
c) For WTE facilities:
11 
i. 
Failure to comply with the responsibilities in Section 
5 on Waste-to-
12 
Energy and Waste-to-Energy Facility, and
13 
ii. 
Use of imported municipal solid waste as WTE feedstock for a WTE
14 
facility.
15 
SEC. 16. Penalties. - Without prejudice to civil and criminal liablity, the
16 
following persons found to have violated the Sections mentioned below shall be
17 
meted with the following penalties:
18 
a) Officials of LGUs who violate Section 15(a):
19 
i. 
First offense: six (6) months suspension,
20 
ii. 
Second offense: Dismissal from service, perpetual disqualification from
21 
holding public office, and forfeiture of retirement benefits;
22 
b) Officials of government agencies who violate Section 15(b) shall suffer
23 
dismissal from service, perpetual disqualification from holding public
24 
office, forfeiture of retirement benefits, and imprisonment for one (1) to
25 
six (6) years with a fine of not less than Five hundred thousand pesos
26 
(P500,000.00) but not more than Two million pesos (P2,000,000.00).
27 
c) Any person who violates Section 14(c)(i):
28 
i. 
First offense: Fine of One million pesos (P1,000,000.00) and an
29 
amount not less than ten percent (10%) but not more than fifteen
30 
percent (15%) of the net annual income during the previous year,
31 
ii. 
Second offense: The same penalties as with the first offense including
32 
an additional penalty of imprisonment of a minimum period of one (1)
33 
year but not to exceed three (3) years,
34 
iii. 
Third offense: The same penalties as with the second offense and
35 
permanent revocation of the license of the WTE facility;
36 
d) Any person who violates Section 14(c)(ii) shall pay a fine of One million
37 
pesos (P1,000,000.00) and an amount not less than ten percent (10%)
38 
but not more than fifteen percent (15%) of the net annual income during
39 
the previous year, and shall suffer imprisonment of a minimum period of
40 
one (1) year but not to exceed three (3) years and permanent revocation
41 
of the license of the WTE facility. The same person shall repatriate the
42 
imported municipal solid waste to its country of origin.
11


1
2
3
4
5
6
For Section 14, if the violation is committed by a corporation, partnership, 
or other juridical entity duly recognized in accordance with the law, the chief 
executive officer, president, general manager, managing partner, or such other 
officer-in-charge shall be liable for the commission of the offense penalized 
under this Act.
7 
SEC. 17. Incentives. - WTE failities, depending on their output, shall be
8 
entitled to avail of the incentives uner Republic Act No. 9367, otherwise known
9 
as the Biofuels Act of 2006 and Republic Act No. 9513, otherwise known as the
10 
Renewable Energy Act of 2008.
11 
SEC. 18. Establishment of Dedicated Offices. - The DOE, DENR,
12 
DOH and NSWMC shall establish dedicated offices for the effective
13 
implementation of this Act. The organizational structure and staffing complement
14 
shall be determined by the Secretaries of DENR, DOE, and DOH, in consultation
15 
with the Department of Budget and Management, and in accordance with
16 
existing civil service rules and regulations. The budgetary requirements
17 
necessary for the establishment of the dedicated offices shall be taken from the
18 
current appropriations of DOE, DENR, DOH and NSWMC. Thereafter, the funding
19 
for the dedicated offices shall be included in the annual General Appropriations
20 
Act.
21 
SEC. 19. Appropriations. - The amount of Fifteen million pesos
22 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for
23 
DENR, Forty five million pesos (P45,000,000.00) for DOH, anf Twenty seven
24 
million pesos (P27,000,000.00) for NSWMC for the initial implementation of this
25 
Act shall be charged against the current year's appropriations of the DOE<
26 
DENR, DOH, and NSWMC respectively. Thereafter, such amounts necessary for
27 
the sustainable implementation of this Act shall be included in the Annual
28 
General Appropriations Act.
29 
SEC. 20. Congressional Oversight. - The Joint Congressional Energy
30 
Commission (JCEC), created under Republic Act No. 9136 and renamed under
31 
Republic Act No. 11285 shall exercise oversight powers over the implementation
32 
of this Act. The Chairpersons of the Committee on Environment and Natural
33 
Resources of the Senate and the House of Representatives shall be automatic
34 
members of the JCEC.
35 
SEC. 21. Implementing Rules and Regulations. - The DOE, together
36 
with the DENR, in consultation with the DOH, NSWMC, Department of the
37 
Interior and Local Government, LGUs, and public and private stakeholders shall
38 
issue the implementing rules and regulations of this Act within ninety (90)
39 
calendar days upon its effectivity.
12


1 
SEC. 22. Separability Clause. - If any portion or provision of this Act is
2 
declared unconstitutional, the remainder of this Act or any provisions not
3 
affected thereby shall remain in force and effect.
4 
SEC. 23. Repealing Clause. — Any law, presidential decree, or issuance,
5 
executive order, letter of instruction, rule or regulation inconsistent with the
6 
provisions of this Act is hereby repealed or amended accordingly.
7 
SEC. 24. Effectivity Clause. - This Act shall take effect after fifteen
8 
(15) days following its complete publication in the Official Gazette or in a
9 
newspaper of general circulation.
Approved,
13