CePRESE DN

is
Republic of the Philippines he & RECEIVE pb”
HOUSE OF REPRESENTATIVES t2 2 uaTe eau ae
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. 24 12

Introduced by Rep. ANGELO MARCOS BARBA.
2” District, Ilocos Norte

EXPLANATORY NOTE

This bill seeks to mandate the establishment and maintenance of a
rainwater harvesting facility in all new institutional, commercial, and
residential development projects nationwide to reduce flooding, urge the
conservation of potable water, and encourage active participation of the public
and private sector in the flood mitigating efforts and initiatives of government.

Rainwater harvesting has many benefits. It is considered an important
element to augment water supply in both urban and rural areas, prevent
flooding and alleviate the impact of climate change.*

Rainwater can be used for non-drinking purposes, such as washing clothes,
dishes, and vehicles, flushing toilets, and gardening2. In addition, rainwater
harvesting reduces the demand on ground water, which may cause the
collapse of the soil where water used to bes, thereby helping to curb escalating
flooding problems, especially in low-lying and flood-prone areas in the
country.

Finally, rainwater harvesting proves to be important in addressing climate
change. It’ can reduce demands on public water network and subsidize
irrigation at critical stages when deficit between water requirement for
agriculture and rainfall occurs.4

In view of the foregoing, the immediate passage of this bjJljf earnestly
sought.

ANG! COS BARBA

1 AL-Batsh, N., Al-Khatib, LA, et. Al. (March 21, 2019). Assessment of Rainwater Harvesting Systems in Poor Rural
Communities, A Case Study from Yatta Area, Palestine. Retrieved on May 20, 2020 from
Inttps://www.mdpi.com/2073-4441/11/3/585/pdf

2 5 Advantages of Rainwater Harvesting. Retrieved on May 20,
https://www.accurateleak.com/rainwater-harvesting/S-advantay inwater-harvesting/
32 °5 Advantages of Rainwater Harvesting. Retrieved = on May 20,2020 from
hittps://www.accurateleak.com/rainwater-harvesting/S-advantages-of-rainwater-harvesting/

‘ Al-Batsh, N., Al-Khatib, LA, et. Al. (March 21, 2019). Assessment of Rainwater Harvesting Systems in Poor Rural
‘Communities, A Case Study from Yatta Area, Palestine. Retrieved on May 20, 2020 from
hitps://www.mdpi.com/2073-4441/11/3/585/pdf

m


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No, 2412

Introduced by Rep. ANGELO MARCOS BARBA
24 District, [locos Norte

AN ACT MANDATING THE ESTABLISHMENT AND
MAINTENANCE OF A RAINWATER HARVESTING FACILITY IN
ALL NEW INSTITUTIONAL, COMMERCIAL, AND RESIDENTIAL
DEVELOPMENT PROJECTS NATIONWIDE

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 “Rainwater
Harvesting Facility Act”.

SECTION 2. Declaration of Policy. - It is a declared policy of the State to
protect and advance the rights of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature. Pursuant thereto,
the State shall mandate the establishment of rainwater harvesting facilities to
reduce flooding and devastating effects of typhoons and other weather
disturbances. It shall urge the conservation of potable water and shall
encourage active participation of the public and private sector in the flood
mitigating efforts and initiatives of government.

To this end, the State shall mandate the construction of rainwater
harvesting facilities in all new public and private institutional, commercial,
and residential development projects nationwide. Owners and developers of
these development projects requiring the issuance of building permits are
likewise mandated to design and construct a rainwater harvesting facility to
prevent or delay the release of rainwater and runoff water into the drainage
systems, creeks, and natural waterways.

SECTION 3. Definition of terms. — As used in this Act:

a. Rainwater harvesting facility refers to a flood control structure such
as vertical detention tank, horizontal water tank, open retarding basin,
and multi-use water catchment area, or an on-site regulation pond
used to prevent or delay the release of rainwater into the public
drainage system; and

b. Return period refers to the average length of time in years for a
rain-related natural disaster of given magnitude to be equaled or


exceeded by the length of time that a rainwater-related disaster may
probably recur.

SECTION 4. Rainwater Harvesting Facility Requirement. ~ An owner
or developer of a new commercial, institutional, and residential development
project, with an area of at least one thousand five hundred (1,500) square
meters and requiring the issuance of building permit, shall reserve, develop,
and maintain at least three percent (3%) of the total area, exclusive of roads,
services, streets and alleys, as rainwater harvesting facility.

The owner or developer of an ongoing commercial, institutional, and
residential development project that has no existing provision for rainwater
harvesting facility shall build the facility within a period of three (3) years
from the effectivity of this Act or suffer the penalty imposed on Section 8
hereof.

To conserve potable water, rainwater collected by a harvesting facility may
be used for non-potable and suitable purposes, such as gardening, irrigation,
and air-cooling processes.

SECTION 5. Design Approval. — The provision for a rainwater
harvesting facility shall be required by the Housing and Land Use Regulatory
Board (HLURB) and local government units (LGUs) to be incorporated in the
design of all new commercial, institutional, and residential development
projects nationwide and no project design shall be approved for construction
unless it includes such facility. The HLURB and the LGUs shall ensure that
these facilities are built during the construction phase of the projects.

SECTION 6. Design Requirements. — The rainwater harvesting facility
must be designed to cope with a pre-determined flood and rain return period
and must have a storage capacity prescribed by the Department of Public
Works and Highways (DPWH). The design of the rainwater facility shall
include the following:

a. Size, shape, and physical characteristics of available space;

b. Construction plans with specified material type including lining and
coating requirements; and

c. Detailed drawing on how the installation will drain into an outfall
structure such as drywell or percolation chamber, storm drain system,
drainage, channel, or natural wash.

SECTION 7. Building Permits. — If the design of a new commercial,
institutional, and residential project with an area of at least one thousand five
hundred (1,500) square meters does not provide for a rainwater harvesting
facility, the LGU concerned shall deny the request for issuance of a building
permit for such project.

SECTION 8. Penalties. - The owner or developer of all new commercial,
institutional, and residential development projects who fails to construct a


rainwater harvesting facility in violation of Section 4 of this Act shall suffer the
penalty of a fine of not less than Five hundred thousand pesos
(PhP500,000.00), but not more than Two million pesos (PhP2,000,000.00)
for every year of non-compliance.

In the case of a partnership, association, corporation, or any juridical
person, the fine shall be imposed upon the President, Treasurer, or any other
officer or person responsible for the violation.

If the offender is a foreigner, the foreigner shall be deported immediately
without further proceedings after payment of fine.

The head of the government institution who violates Section 4 of this Act,
or government officials, employees, and agents who issue licenses or permits
in violation of this Act shall suffer the penalty of suspension of not less than
ten (10) days, but not more than one hundred eighty (180) days after due
notice and hearing in an appropriate administrative proceeding.

SECTION 9. Implementing Rules and Regulations. — Within sixty (60)
days from the effectivity of this Act, the Secretary of Public Works and
Highways shall, in coordination with the Secretary of Interior and Local
Government, the Chief Executive Officer of the Housing and Land Use
Regulatory Board, and the Administrator of the Philippine Atmospheric,
Geophysical and Astronomical Services Administration, promulgate the rules
and regulations for the effective implementation of this Act. The
implementing rules and regulations shall include the standards and guidelines
for the design, construction, installation, materials, site selection and planning,
site-specific considerations, and maintenance of the rainwater harvesting
facility,

SECTION 10. - Separability Clause. — If any provision or part of this
Act is declared invalid or unconstitutional, the remaining parts or provisions
not affected shall remain in force and effect.

SECTION 11. - Repealing Clause. — All other laws, rules and regulations,
orders, circulars, and other issuances or parts thereof, which are inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.

SECTION 12. ~ Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or a newspaper of general
circulation.

Approved,