1
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
EXPLANATORY NOTE 
Republic Act No. 9513, otherwise known as the Renewable Energy Act of 2008 
(RE Act), mandates the Department of Energy (DOE) to encourage the adoption 
of waste-to-energy (WTE) facilities and considers biodegradable organic fractions 
of industrial and municipal wastes as part of biomass resources.1 However, more 
than a decade after the enactment of the RE Act, WTE facilities are almost 
negligible in the energy mix, with only 13.83 MW of installed capacity and a mere 
26.48 MW of committed or indicative capacity.2 Discussions with WTE 
proponents identify the continuous source of feedstock, in the form of waste, as 
the main barrier to entry. 
This measure seeks to provide a framework for the entire value chain of WTE 
facilities and, in turn, ensure the uninterrupted supply of waste by (1) mandating 
a WTE strategy in the national, provincial, and local solid waste management 
plans; (2) authorizing local government units to enter into cooperative 
undertakings, joint ventures, and other similar modalities in choosing a common 
WTE facility provider; and (3) requiring standards, criteria, guidelines, and 
formula in computing for a fair, equitable, and reasonable tipping charge for 
WTE facilities taking into consideration the cost of construction, operation, and 
maintenance of the facility and the potential revenue from selling energy output 
such as electric power and biofuels. 
Hence, the passage of this measure is sought.   
RUDYS CAESAR G. FARIÑAS I 
1 Sec. 4(b) and Sec. 30 of Republic Act No. 9513 
2 Reports and Updates by the DOE- Renewable Energy Management Bureau (REMB) (15 May 
2019) 
November 21, 2022
3:39 pm
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 2
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
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 referred to as the “Waste-to-
1 
Energy Act”. 
2 
3 
Sec. 2.  Declaration of Policy. – It is hereby declared the policy of the State 
4 
to: 
5 
(a)
Ensure protection of the public’s health and the environment through a
6 
systematic and comprehensive ecological solid waste management
7 
program;
8 
(b)
Strengthen its commitment to solid waste avoidance and volume
9 
reduction by supplementing the latter with other solid waste
10 
management treatment technologies to include waste-to-energy;
11 
(c)
Encourage 
the 
development 
and 
utilization 
of 
environmentally
12 
sustainable new and alternative technologies in resource recovery,
13 
resource conservation, processing, treatment, and disposal of solid
14 
waste, such as waste-to-energy facilities;
15 
(d)
Support the utilization of waste-to-energy facilities in order to attain
16 
sustainable energy and energy security;
17 
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3
(e) 
Strengthen the integration of solid waste management, waste-to-energy 
1 
promotion, and environmental protection towards healthful cities amidst 
2 
economic growth and development; and  
3 
(f) 
Promote collaboration, cooperation, and participation of various sectors 
4 
in coordinated approaches to solid waste management and waste 
5 
treatment technology towards national development and jobs creation. 
6 
 
7 
Sec. 3. Scope and Application. – This Act shall apply to all local government 
8 
units and waste-to-energy facilities.  
9 
 
10 
Sec. 4. Definition of Terms.  – For purposes of this Act, the following terms 
11 
shall be defined as stated below: 
12 
(a) Agricultural waste refers to waste generated from planting or harvesting 
13 
of crops, trimming or pruning of plants, and wastes or run-off materials 
14 
from farms or fields; 
15 
(b) Biomedical waste or hazardous healthcare waste refers to waste from 
16 
healthcare facilities that may pose a variety of environmental and health 
17 
risks.  It can be further classified into sharps waste, infectious waste, 
18 
pathological and anatomical waste, pharmaceutical waste, genotoxic 
19 
waste, chemical waste, radioactive waste, and pressurized containers as 
20 
defined by the Department of Health (DOH); 
21 
(c) 
City or Municipal Solid Waste Management Board refers to the entity 
22 
established by each city or municipality pursuant to Section 12 of 
23 
Republic Act No. 9003, otherwise known as the Ecological Solid Waste 
24 
Management Act of 2000;  
25 
(d) Chemical waste refers to discarded solid, liquid, or gaseous chemicals 
26 
from laboratories, industrial establishments, or other sources such as 
27 
diagnostic and experimental work, environmental work, cleaning, 
28 
housekeeping and disinfecting procedures; 
29 
(e) 
Clustering is a strategy of pooling available resources of local government 
30 
units (LGUs) for the establishment of a common solid waste management 
31 
facility or service; 
32 
(f) 
Collection refers to the act of removing solid waste from the source or 
33 
from a communal storage point; 
34 
(g) 
Disposal refers to the deposit, or placing of any solid waste into an 
35 
approved disposal site pursuant to Republic Act No. 9003; 
36 
(h) Disposal site refers to a facility where solid waste is finally deposited and 
37 
placed pursuant to Republic Act No. 9003; 
38 


 4
(i)
Emission means any air contaminant, pollutant, gas stream, or
1 
unwanted sound from a known source which is passed into the
2 
atmosphere;
3 
(j)
Hazardous waste refers to substances that are without any safe
4 
commercial, industrial, agricultural, or economic usage and are shipped,
5 
transported, or brought from the country of origin for dumping or
6 
disposal into or in transit through any part of the Philippines.  It shall
7 
also refer to by-products, side-products, process residues, spent reaction
8 
media, contaminated plant or equipment, or other substances from
9 
manufacturing operations and as a customer discards of manufactured
10 
products, or a combination of solid waste which, because of its quantity,
11 
concentration, physical, chemical, or infectious characteristics, may:
12 
(i) Cause or significantly contribute to an increase in mortality or an
13 
increase in a serious irreversible or incapacitating reversible illness,
14 
or
15 
(ii) Pose a substantial present or potential hazard to human health or the
16 
environment when improperly treated, stored, transported, or
17 
disposed of, or otherwise managed;
18 
(k)
Incineration in a WTE facility refers to a waste treatment and resource
19 
recovery technology that involves the controlled combustion of waste
20 
materials for the purpose of recovering energy from it, and whose
21 
emissions and effluents are compliant with the guidelines pursuant to
22 
this Act and other relevant laws, rules, and regulations;
23 
(l)
Local Government Solid Waste Management Plan refers to the ten (10)
24 
year solid waste management plan, consistent with the National Solid
25 
Waste Management Framework, prepared by the LGUs pursuant to
26 
Section 16 of Republic Act No. 9003;
27 
(m) Municipal waste refers to waste produced from activities within LGUs
28 
which include a combination of domestic, commercial, institutional, and
29 
industrial wastes and street litters pursuant to Republic Act No. 9003;
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;
34 
(o)
National Solid Waste Management Framework refers to a document
35 
prepared by the NSWMC based on the National Solid Waste Management
36 
Status Report pursuant to Section 15 of Republic Act No. 9003;
37 


 
 
 
5
(p) National Solid Waste Management Status Report refers to a document 
1 
prepared by the Department of Environment and Natural Resources 
2 
(DENR), which is used as a basis in formulating the National Solid Waste 
3 
Management Framework pursuant to Section 14 of Republic Act No. 
4 
9003;  
5 
(q) Poisonous and toxic fumes refer to any emissions and fumes which are 
6 
beyond internationally accepted standards, including but not limited to 
7 
the World Health Organization (WHO) air quality guidelines, as provided 
8 
in Republic Act No. 8749, otherwise known as the Philippine Clean Air 
9 
Act of 1999; 
10 
(r) 
Processing fee refers to the amount paid to avail of the services of a waste-
11 
to-energy facility as defined herein;  
12 
(s) 
Provincial Solid Waste Management Board refers to the entity established 
13 
by each province pursuant to Section 11 of Republic Act No. 9003; 
14 
(t) 
Residue refers to substances that remain after a process in a waste-to-
15 
energy facility such as preparation, separation, purification, evaporation, 
16 
combustion, distillation, or filtration;   
17 
(u) Resource recovery refers to the collection, extraction, or recovery of 
18 
recyclable materials from the waste stream for the purpose of recycling, 
19 
generating energy, or producing a product a suitable for beneficial use; 
20 
(v) 
Sanitary landfill refers to a waste disposal site designed, constructed, 
21 
operated, and maintained in a manner that exerts engineering control 
22 
over significant potential environment impacts arising from the 
23 
development and operation of the facility pursuant to Republic Act No. 
24 
9003; 
25 
(w) Segregation refers to a solid waste management practice of separating 
26 
different materials found in solid waste in order to promote recycling and 
27 
re-use of resources, facilitate waste treatment processes, and to reduce 
28 
the volume of waste for collection and disposal pursuant to Republic Act 
29 
No. 9003; 
30 
(x) 
Solid waste refers to all discarded household waste, commercial waste, 
31 
non-hazardous institutional and industrial waste, street sweepings, 
32 
construction debris, agricultural waste, and other non-hazardous or 
33 
non-toxic solid waste.  It shall not include: 
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 incapacitating 
37 


 
 
 
6
reversible illness, or acute or chronic effect on the health of persons 
1 
and other organisms, 
2 
(ii) Infectious waste from hospitals such as equipment, instruments, 
3 
utensils, and fomites of a disposable nature from patients who are 
4 
suspected to have or have been diagnosed as having communicable 
5 
diseases and must therefore be isolated as required by public health 
6 
agencies, laboratory wastes as pathological specimens, and 
7 
disposable fomites that may harbor or transmit pathogenic 
8 
organisms, and surgical operating room pathologic materials from 
9 
outpatient areas and emergency rooms, and 
10 
(iii) Waste resulting from mining activities, including contaminated soil 
11 
and debris; 
12 
(y) 
Solid waste management treatment facility refers to any resource recovery 
13 
system or component thereof; any system, program or facility for 
14 
resource conservation; or any facility for the collection, source 
15 
separation, storage, transportation, transfer, processing, treatment, or 
16 
disposal of solid waste;  
17 
(z) 
Solid waste management refers to the discipline associated with the 
18 
control of generation, storage, collection, transfer and transport, 
19 
processing, and disposal of solid wastes in a manner that is in accord 
20 
with the best principal of public health, economics, engineering, 
21 
conservation, aesthetics, and other environmental considerations, and 
22 
that is also responsive to the public attitudes;  
23 
(aa) Waste refers to any material misplaced, unused or rejected by persons 
24 
as worthless or unwanted.  It is not a natural resource and includes, 
25 
among others, agricultural, biomedical, chemical and industrial, 
26 
hazardous, municipal, and solid wastes;  
27 
(bb) Waste-to-Energy (WTE) refers to an energy system with a process of 
28 
converting WTE feedstock with various technologies, usually the 
29 
conversion of non-recyclable waste materials into usable heat, electricity, 
30 
or fuel through a variety of processes; 
31 
(cc) WTE facility refers to the facility where the WTE operations are 
32 
conducted;  
33 
(dd) WTE feedstock refers to the waste materials with calorific-value that are 
34 
taken in for WTE processing in a WTE facility;  
35 
(ee) Waste generation refers to the act or process of producing solid waste; 
36 
and  
37 


 
 
 
7
(ff) WTE strategy refers to a plan of action with measurable targets for the 
1 
utilization of WTE facilities for solid waste management treatment and 
2 
energy production. 
3 
 
4 
Sec. 5. Waste-to-Energy and Waste-to-Energy Facility. – WTE shall be 
5 
classified as another kind of renewable energy resource.  A WTE facility shall: 
6 
(a) Be both a solid waste management treatment facility and an energy 
7 
production facility; 
8 
(b) Comply with establishment and operation guidelines for WTE facilities 
9 
pursuant to Sections 6(c), 8(c), and 9(b) of this Act; 
10 
(c) Ensure the proper management of its residue which should conform to 
11 
relevant laws, rules, and regulations and should include making 
12 
arrangements with a sanitary landfill, or developing its own, prior to 
13 
its operations, as a disposal site for any residue generated from its 
14 
operations in accordance with NSWMC, DENR, and DOH guidelines 
15 
issued pursuant to this Act; and  
16 
(d) Comply with relevant laws, rules, and regulations including but not 
17 
limited to Presidential Decree No. 1586 Establishing an Environmental 
18 
Impact Statement System, Republic Act No. 6969 otherwise known as 
19 
the Toxic Substances and Hazardous and Nuclear Waste Act, Republic 
20 
Act No. 7638 otherwise known as the Department of Energy Act of 
21 
1992 as amended, Republic Act No. 8749, Republic Act No. 9003, 
22 
Republic Act No. 9136 otherwise known as the Electric Power Industry 
23 
Reform Act of 2001, Republic Act No. 9275 otherwise known as the 
24 
Philippine Clean Water Act of 2004, Republic Act No. 9367 otherwise 
25 
known as the Biofuels Act of 2006, Republic Act No. 9513 otherwise 
26 
known as the Renewable Energy Act of 2008, Republic Act No. 11223 
27 
otherwise known as the Universal Health Care Act, and WHO 
28 
Guidelines on Air Quality. 
29 
All waste treatment technologies in a WTE facility shall be allowed including 
30 
incineration: Provided, that these technologies shall not emit toxic and poisonous 
31 
fumes into the environment and shall comply with all the laws mentioned hereof 
32 
and 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 and Republic Act No. 8749, while the energy production 
37 
aspect of the WTE facility shall be governed by Republic Act No. 7638, Republic 
38 


 
 
 
8
Act No. 9136, Republic Act No. 9367, Republic Act No. 9513, and other relevant 
1 
laws, rules, and regulations.  
2 
 
3 
Sec. 6. The National Solid Waste Management Commission. – The Secretary 
4 
of the Department of Energy shall serve in ex officio capacity as member of the 
5 
National Solid Waste Management Commission (NSWMC), which shall now have 
6 
fifteen (15) members from the government sector.  In addition to its powers and 
7 
functions under Republic Act No. 9003, the NSWMC shall:  
8 
(a) Include a WTE strategy in the National Solid Waste Management 
9 
Framework; 
10 
(b) Act as the lead agency in ensuring streamlined standards, criteria, and 
11 
guidelines for WTE facilities to avoid inconsistent and conflicting 
12 
issuances;  
13 
(c) Regularly determine, review, and publish the following: 
14 
(i) 
Standards, criteria, and guidelines for: 
15 
1. Characterization and composition of solid waste utilized as 
16 
WTE feedstock for WTE facilities to ensure emissions are 
17 
compliant with Republic Act No. 8749 and other relevant 
18 
laws, rules, and regulations, 
19 
2. Transport, storage, and pre-processing of WTE feedstock, 
20 
3. Pre-operation, siting, design, operation, and maintenance of 
21 
WTE facilities, 
22 
4. Quality control and operational control of WTE facilities, 
23 
5. Management of residue from WTE facilities, if any;  
24 
6. Pollution abatement, emissions monitoring, environmental 
25 
monitoring, and public health and safety monitoring in 
26 
relation to WTE facilities, 
27 
7. Decommissioning, closure, and abandonment of WTE 
28 
facilities, and  
29 
8. Other guidelines pursuant to relevant laws, rules, and 
30 
regulations, and  
31 
(ii) 
Minimum standards, criteria, and guidelines, in determining a fair, 
32 
equitable, and reasonable processing fee for WTE facilities taking 
33 
into consideration, among others, the cost of construction, 
34 
operation, and maintenance of the facility as well as the potential 
35 
revenue from the sale of energy output, in consultation with relevant 
36 
government agencies, experts, and stakeholders; 
37 


 
 
 
9
(d) Consolidate and make available to the public, through its website, the 
1 
following:  
2 
(i) 
Current and potential uses of WTE facilities in relation to solid 
3 
waste management;  
4 
(ii) 
Inventory of existing WTE facilities; 
5 
(iii) 
General feedstock characterization; 
6 
(iv) 
Status and projection of feedstock generation;  
7 
(v) 
Specific locations of potential feedstock and WTE facilities; and 
8 
(vi) 
Other relevant information; 
9 
(e) Provide policy guidelines to assist LGUs in the development of WTE 
10 
facilities to include the determination of the potential of WTE facilities in 
11 
their respective localities;  
12 
(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective 
13 
Local Government Solid Waste Management Plans; 
14 
(g) Identify and recommend potential clustering of LGUs for a common WTE 
15 
facility;  
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 
(i) Perform all other acts that are analogous to the foregoing, which are 
20 
necessary and incidental to accomplish the policy objectives of this Act. 
21 
 
22 
Sec. 7. Role of the Department of Energy. – In addition to its powers and 
23 
functions under Republic Act No. 7638, the Department of Energy (DOE) shall: 
24 
(a) Issue permits to WTE facilities based on the energy output, and determine 
25 
the standards, criteria, and requirements applicable for each kind of WTE 
26 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, 
27 
Republic Act No. 9367, Republic Act No. 9513, and other relevant laws, 
28 
rules, and regulations;  
29 
(b) Include a WTE strategy in the Philippine Energy Plan, taking into 
30 
consideration the National Solid Waste Management Framework;  
31 
(c) Regularly submit to the NSWMC and make available to the public, 
32 
especially to potential WTE investors, national and local information on 
33 
the following: 
34 
(i) Current and potential uses of WTE facilities in relation to solid waste 
35 
management, 
36 
(ii) Inventory of existing WTE facilities, and  
37 
(iii)Other relevant information; and  
38 


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


 
 
 
11
(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant 
1 
to Republic Act No. 11223 and Presidential Decree No. 1586, as part of the 
2 
Environmental Impact Assessment System, to be jointly reviewed and 
3 
approved by the DOH and DENR prior to construction and operation; 
4 
(j) Implement and revise, when necessary, together with DENR, existing 
5 
guidelines issued pursuant to Republic Act No. 9003 on waste transport, 
6 
pre-operation, waste acceptance, waste storage, pre-processing of waste, 
7 
quality control, operational control, pollution abatement, management of 
8 
residue, emissions monitoring, environmental monitoring, public health 
9 
and safety monitoring, decommissioning, closure, and abandonment, 
10 
among others, taking into account the NSWMC’s standards, criteria, and 
11 
guidelines under Section 6(c) of this Act and other relevant laws, rules, 
12 
and regulations, and in consultation with relevant stakeholders; 
13 
(b) Regularly conduct an analysis of the effects of WTE facilities and disposal 
14 
sites on public health and submit the same to the NSWMC for 
15 
consolidation, and DENR for proper action, if applicable; 
16 
(c) Undertake research on the public health impact of WTE facilities together 
17 
with government agencies, the academe, and private stakeholders;  
18 
(d) Make available to the public, through its website, studies and analyses of 
19 
the effects of WTE facilities and disposal sites on public health; and 
20 
(e) 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. 10. Role of Local Government Units. –  In addition to their powers, functions, 
24 
and responsibilities under Republic Act No. 7160 otherwise known as the Local 
25 
Government Code of 1991, and Republic Act No. 9003, LGUs shall: 
26 
(a) In the case of a city or municipality and if applicable, be responsible for 
27 
the hauling of WTE feedstock to a WTE facility;  
28 
(b) In the case of a province and if applicable, provide necessary logistical and 
29 
operational support for the processing of WTE feedstock in a WTE facility; 
30 
(c) Include a WTE strategy, if feasible, in their respective Local Government 
31 
Solid Waste Management Plans; 
32 
(d) Comply with the standards, criteria, and guidelines on WTE feedstock and 
33 
WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if 
34 
applicable; and 
35 
(e) Be authorized to enter into and shall comply with all obligations under the 
36 
following: 
37 


 
 
 
12
(i) Clustering arrangements with other LGUs for a common WTE 
1 
facility, on their own or upon recommendation of the Provincial Solid 
2 
Waste Management Board or the NSWMC: Provided, That the 
3 
province shall have the power to cluster component cities and 
4 
municipalities based on the NSWMC approved provincial and local 
5 
solid waste management plans and the recommendation of the 
6 
NSWMC pursuant to Section 6(g) of this Act, 
7 
(ii) Long term contracts with WTE facilities, on their own or with 
8 
clustered LGUs, and  
9 
(iii) Public private partnerships pursuant to Republic Act No. 6957 
10 
otherwise 
known 
as 
An 
Act 
Authorizing 
the 
Financing, 
11 
Construction, Operation and Maintenance of Infrastructure Projects 
12 
by the Private Sector, and For Other Purposes as amended, 
13 
cooperative undertakings under Section 33 of Republic Act No. 
14 
7160, and other contractual arrangements provided for under 
15 
existing laws, rules, regulations as well as the LGUs’ respective 
16 
charters for the establishment of WTE facilities. 
17 
The national government shall provide support to all LGUs towards the effective 
18 
implementation and the achievement of the policy objectives of this Act. 
19 
 
20 
Sec. 11. Role of the Provincial Solid Waste Management Board. – In addition 
21 
to its powers and functions under Republic Act No. 9003, the Provincial Solid 
22 
Waste Management Board shall:  
23 
(a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste 
24 
Management Plan taking into consideration the Local Government Solid 
25 
Waste Management Plans of all its component cities and municipalities;  
26 
(b) Recommend potential locations for WTE facilities in the Provincial Solid 
27 
Waste Management Plan; 
28 
(c) Identify and recommend, or direct pursuant to Section 10 of this Act, 
29 
clustering of component cities and municipalities for a common WTE 
30 
facility, based on the Local Government Solid Waste Management Plans of 
31 
all its component cities and municipalities;  
32 
(d) Provide the necessary logistical and operational support to component 
33 
cities and municipalities who have the potential to be clustered, have 
34 
decided to be clustered, or have been directed to be clustered pursuant to 
35 
Section 10 of this Act, for a common WTE facility;  
36 
(e) Coordinate the efforts and oversee the implementation of the clustering of 
37 
component cities and municipalities for a common WTE facility; and  
38 


 
 
 
13
(f) Coordinate with other Provincial, City, and Municipal Solid Waste 
1 
Management Boards in identifying possible inter- and intra- province 
2 
clustering for a common WTE facility.   
3 
 
4 
Sec. 12. Role of the City or Municipal Solid Waste Management Board. – In 
5 
addition to its powers and functions under Republic Act No. 9003, the City or 
6 
Municipal Solid Waste Management Board shall integrate a WTE strategy, if 
7 
feasible, in its Local Government Solid Waste Management Plan, and shall 
8 
submit a copy thereof to the Provincial Solid Waste Management Board. 
9 
 
10 
Sec. 13. Permits and Licenses. – The procedure for the issuance of permits 
11 
and licenses for all kinds of WTE facilities shall be governed by Republic Act No. 
12 
11234, otherwise known as the Energy Virtual One-Stop Shop Act.  
13 
 
14 
Sec. 14. Prohibited Acts. – The following acts are prohibited: 
15 
(a) For LGUs: 
16 
(i) Failure to include, if feasible, and implement, if applicable, the WTE 
17 
strategy in their respective Local Government Solid Waste 
18 
Management Plans, and 
19 
(ii) Failure to perform the responsibilities in Section 10 on the Role of 
20 
Local Government Units, Section 11 on the Role of the Provincial 
21 
Solid Waste Management Board, and Section 12 on the Role of the 
22 
City or Municipal Solid Waste Management Board;  
23 
(b) For government agencies, failure to perform the powers and functions 
24 
indicated under Section 6 on the National Solid Waste Management 
25 
Commission, Section 7 on the Role of the Department of Energy, Section 
26 
8 on the Role of the Department of Environment and Natural Resources, 
27 
and Section 9 on the Role of the Department of Health; and  
28 
(c) For WTE facilities: 
29 
(i) Failure to comply with the responsibilities in Section 5 on Waste-to-
30 
Energy and Waste-to-Energy Facility, and  
31 
(ii) Use of imported municipal solid waste as WTE feedstock for a WTE 
32 
Facility. 
33 
 
34 
Sec. 15. Penalties. – Without prejudice to civil and criminal liability, the 
35 
following persons found to have violated the Sections mentioned below shall be 
36 
meted with the following penalties: 
37 
(a) Officials of LGUs and government agencies who violate Section 14(a): 
38 


 
 
 
14
(i) First offense: six (6) months suspension, 
1 
(ii) Second offense: Dismissal from service, perpetual disqualification 
2 
from holding public office, and forfeiture of retirement benefits; 
3 
(b)  Officials of LGUs and government agencies who violate Section 14(b) shall 
4 
be suffer dismissal from service, perpetual disqualification from holding 
5 
public office, forfeiture of retirement benefits, and imprisonment for one 
6 
(1) to six (6) years with a fine of not less than Five hundred thousand 
7 
pesos (P500,000.00) but not  more than Two million pesos 
8 
(P2,000,000.00);  
9 
(c) Any person who violates Section 14(c)(i): 
10 
(i) First offense: Fine of One million pesos (P1,000,000.00) and an 
11 
amount not less than ten percent (10%) but not more than fifteen 
12 
percent (15%) of the net annual income during the previous year, 
13 
(ii) Second offense: The same penalties as with the first offense 
14 
including an additional penalty of imprisonment of a minimum 
15 
period of one (1) year but not to exceed three (3) years,  
16 
(iii) Third offense: The same penalties as with the second offense and 
17 
permanent revocation of the license of the WTE facility; 
18 
(d) Any person who violates Section 14(c)(ii) shall pay a fine of One million 
19 
pesos (P1,000,000.00) and an amount not less than ten percent (10%) but 
20 
not more than fifteen percent (15%) of the net annual income during the 
21 
previous year, and shall suffer imprisonment of a minimum period of one 
22 
(1) year but not to exceed three (3) years and permanent revocation of the 
23 
license of the WTE facility.  The same person shall repatriate the imported 
24 
municipal solid waste to its country of origin. 
25 
For Section 14, if the violation is committed by a corporation, partnership, 
26 
or other juridical entity duly recognized in accordance with the law, the chief 
27 
executive officer, president, general manager, managing partner, or such other 
28 
officer-in-charge shall be liable for the commission of the offense penalized under 
29 
this Act. 
30 
 
31 
Sec. 16. Incentives. – WTE facilities, depending on their output, shall be 
32 
entitled to avail of the incentives under Republic Act No. 9367 otherwise known 
33 
as the Biofuels Act of 2006 and Republic Act No. 9513 otherwise known as the 
34 
Renewable Energy Act of 2008. 
35 
 
36 
Sec. 17. Establishment of Dedicated Offices. – The DOE, DENR, DOH and 
37 
NSWMC shall establish dedicated offices for the effective implementation of this 
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15
Act.  The organizational structure and staffing complement shall be determined 
1 
by the Secretaries of DENR, DOE, and DOH, in consultation with the Department 
2 
of Budget and Management, and in accordance with existing civil service rules 
3 
and regulations.  The budgetary requirements necessary for the establishment 
4 
of the dedicated offices shall be taken from the current appropriations of DOE, 
5 
DENR, DOH and NSWMC. Thereafter, the funding for the dedicated offices shall 
6 
be included in the annual General Appropriations Act. 
7 
 
8 
Sec. 18. Appropriations. – The amount of Fifteen million pesos 
9 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for 
10 
DENR, Forty five million pesos (P45,000,000.00) for DOH, and Twenty seven 
11 
million (P27,000,000.00) for NSWMC for the initial implementation of this Act 
12 
shall be charged against the current year’s appropriations of the DOE, DENR, 
13 
DOH, and NSWMC respectively.  Thereafter, such amounts necessary for the 
14 
sustainable implementation of this Act shall be included in the Annual General 
15 
Appropriations Act. 
16 
 
17 
Sec. 19. Congressional Oversight. – The Joint Congressional Energy 
18 
Commission, created under Republic Act No. 9136 and renamed under Republic 
19 
Act No. 11285, shall exercise oversight powers over the implementation of this 
20 
Act.  The Chairpersons of the Committee on Environment and Natural 
21 
Resources of the Senate and the House of Representatives shall be automatic 
22 
members of the JCEC.  
23 
 
24 
Sec. 20.  Implementing Rules and Regulations. – The DOE together with the 
25 
DENR, in consultation with DOH, NSWMC, Department of Interior and Local 
26 
Government, and public and private stakeholders, shall issue the implementing 
27 
rules and regulations of this Act within ninety (90) calendar days upon its 
28 
effectivity.  
29 
 
30 
Sec. 21.  Amendatory Clause. – All laws, decrees, orders, rules, regulations, 
31 
and other issuances inconsistent with the provisions of this Act are hereby 
32 
deemed amended and modified accordingly.  
33 
 
34 
Sec. 22. Separability Clause. – If any portion or provision of this Act is 
35 
declared unconstitutional, the remainder of this Act or any provisions not 
36 
affected thereby shall remain in force and effect. 
37 
 
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16
Sec. 23. Repealing Clause. – Any law, presidential decree or issuance, 
1 
executive order, letter of instruction, rule or regulation inconsistent with the 
2 
provisions of this Act is hereby repealed or modified accordingly. 
3 
 
4 
Sec. 24. Effectivity Clause. – This Act shall take effect fifteen (15) days 
5 
following its complete publication in the Official Gazette or a newspaper of 
6 
general circulation. 
7 
 
8 
Approved, 
9 
 
10