Republic of the Philippines

House of Representutiue
Quezon City, Metro Manila
Seventeenth Congress
First Regular Session

a9
HOUSE BILL NO. seed

Introduced by Honorable Joseph Sto. Nifio B. Bernos

EXPLANATORY NOTE

The Abra River is the sixth largest river system in the Philippines in
watershed size. Its drainage area is estimated at 5,125 kilometers with a length of
178 kilometers from its source at Mt. Data in Benguet Province. Along with its
primary tributary, the Tineg River, Abra River traverses various localities in the
landlocked province of Abra down to neighboring Ilocos Sur. It is a lifeline for
many people who live near the Abra River: fishermen, farmers, budding businesses
and major industries.

Back in the 1970s, the upper Abra River was classified as Class A while the
lower part of the river was categorized as Class B, which generally renders it
suitable for domestic use. Sadly, developmental tradeoffs are fast catching up with
the torrents of the mighty Abra River. As carly as 2005, chemical analysis of the
‘Abra River water condition conducted by experts from the St. Louis University
revealed that it has dangerously high levels of substances hazardous to humans.
The situation gets even worse every year. This is primarily attributed to
uncontrolled industrialization, forest denudation, mining and rapid population
growth. Moreover, because of poor drainage and lack of comprehensive flood
control systems, the river inundates homes, farmlands and communities paralyzing
the local economy and sometimes claiming lives of many during the typhoon
season.

In 2014, former Representative Maria Jocelyn Valera-Bernos of the Lone
District of the Province of Abra filed House Bill No. 4937 seeking the creation of
the Abra River Basin Development Authority. While it had the same intent as this
proposed measure, certain modifications had to be introduced to properly reflect
actual issues that threaten the ecology and beneficial use of the Abra River. House
Bill No. 5641 filed by the Honorable Jose Christopher Belmonte also served as a

Bill Drafting Service


guide in the organizational and operational structure of the proposed Abra River
Basin Development Authority.

Through this bill, we will save the northem Philippines’ most important
water network by regulating commercial and residential activities affecting the
Abra River. The bill will help ensure that the discharges do not exceed the
allowable established limits for the river’s natural waste assimilation capacity. A
long-term Abra River Rehabilitation Roadmap and Master Plan will also be
adopted to ensure that the people are well guided in all sorts of developments while
still maintaining the liveability of the nearby communities.

This bill also welcomes the participation of the private sector as members of
the board of directors. Public-private sector partnership is likewise considered as
the government opens up, not just management, but also financing options.

Our children and the generations after them deserve the generous bounty that
aclean, healthy and safe Abra River has to offer.

To save the Abra River from imminent degradation, immediate passage of
this bill is earnestly sought.

fos
JOSEPH STO. NI . BERNOS


nu

Republic of the Philippines

House of Representatives
Queeon City, Metra Manila

Seventeenth Congress
First Regular Session

HOUSE BILLNO, 8224

Introduced by Honorable Joseph Sto. Niiio B, Bernos

AN ACT
CREATING THE ABRA RIVER BASIN DEVELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR

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

SECTION. 1. Short Title. — This Act shall be known as the “Abra River
Basin Development Authority Act.”

SEC.2. Declaration of Principles and Policies. — It is the policy of the

State to protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature. Toward this end, the
State shall pursue a policy of sustainable economic growth in a manner consistent
with the protection, preservation and revival of the quality of our river systems.
Toward this end, the State shall pursue a policy of sustainable economic
growth in a manner consistent with protection, preservation and revival of our river
systems including the Abra River. It shall likewise ensure the implementation,

management and oversight of the adoption of necessary measures and programs on
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flood control and drainage system in all the river systems connected to the Abra
River Basin System to eliminate the adverse effects of typhoons and floods during
rainy season and protect its ecology from pollution caused by mining and various
industrial activities in the area.

SEC.3. Definition of Terms. — As used in this Act:

a) Discharge includes the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a water body or onto
land from which it might flow or drain into the water;

b) Effluent refers to sewage passed into a body of water or land or
industrial waste or wastewater flowing out of a manufacturing plant, industrial
plant and domestic household including commercial and recreational facilities;

c) Geographic Information System (GIS) Mapping refers to
computerized data management system to capture, store, manage, retrieve, analyze,
and display spatial information in which data are geo-referenced to the coordinates
of a particular projection system which allows precise placement of features on the
earth’s surface and maintains the spatial relationships between mapped features
such as slope, soils, hydrography, bathymetry, demography, wetlands and land use
which can be combined to develop maps suitable for regulatory and planning
decisions;

d) — Hazardous waste refers to solid waste or combination of solid waste
which, because of its quantity, concentration, or physical, chemical or infectious

characteristic, may cause or significantly contribute to an increase in mortality or
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an increase in serious irreversible or incapacitating illness, or pose a substantial
present or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of or otherwise managed; and

e) Land swapping refers to the process of land acquisition by exchanging
land for another piece of land of equal value or for shares of stock in a government
or quasi-government corporation whose book value is of equal value to the land
being exchanged, for the purpose of planned and rational development such as
provision for wastewater treatment facilities and socialized housing where land
values are determined based on land classification, market value and assessed
value taken from existing tax declarations and wherein valuable lands owned by
private persons may be exchanged with less valuable lands.

SEC. 4. Abra River Basin Development Authority. ~ There shall be
created under the Office of the President, an independent regulatory body
possessing corporate attributes with quasi-judicial and quasi-legislative powers to
be known as the Abra River Basin Development Authority, hereinafter referred to
as the “Authority.” The Authority shall be the primary government agency that
shall coordinate, plan, manage and implement the development programs and
resource utilization in the Abra River Basin System. The Authority shall execute
the powers and functions vested and conferred by this Act.

The Abra River Basin System consists of all barangays located along the

Abra River, Tineg River and tributaries and areas adjacent to them in the

Provinces of Abra, Benguet and Ilocos Sur that drain to or branch out from the
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‘Abra River and the industrial, commercial, business, residential, recreational and
other private and public areas contiguous to the environmental preservation areas,
as may be determined by the Authority.

SEC. 5. General Policies. — In the exercise of its powers and duties, the
Authority shall be guided by the following policies:

a) The rehabilitation and sustainable development of the Abra River
Basin System shall be given due importance to preserve, protect and develop Abra
River’s ecological balance;

b) The preparation, development and implementation of a comprehensive
and detailed 25-year Abra River Rehabilitation Roadmap and Master Plan based on
the framework of sustainable water management shall be prioritized in consultation
and coordination with the local government units (LGUs), Department of
Environment and Natural Resources (DENR), Department of Interior and Local
Government (DILG), Department of Public Works and Highways (DPWH),
National Economic Development Authority (NEDA) and other appropriate
government agencies and stakeholders;

c) Consistent with the 25-year Abra River Rehabilitation Roadmap and
Master Plan, the implementation of short and medium-term programs, activities
and projects to attain the objectives of this Act shall be prioritized, which is, among
others, to transform and upgrade the water quality of the Abra River Basin System

to Class B water quality classification;


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d) Mining laws and regulations, including Republic Act No. 7492,

otherwise known as the “Philippine Mining Act of 1995” and Executive Order No.

79, Series of 2012, among others, shall be implemented to regulate commercial,
industrial and similar activities in areas along Abra River and its major tributaries;

e) Participation and role of the LGUs specifically the barangays in the
implementation and enforcement of existing environmental laws such as Republic
Act No. 9275, otherwise known as the “Clean Water Act of 2004” and Republic
Act No. 9003, otherwise known as the “Ecological Solid Waste Management Act of
2000,” shall be strengthened to renew the ecology of the Abra River;

f) Participation of the private sector and civil society organizations in
transforming the Abra River Basin System into a conducive environment for
recreation, business and other productive uses shall be encouraged through private
sector-driven and cleaner technology-based investments in ecosystem
development;

g) Planning, programming, social preparation and adjustment, relocation
or resettlement of the population from the declared environmental preservation
areas (EPAs) of the Abra River Basin System shall be implemented in coordination
with appropriate government agencies and LGUs to ensure that relocation and

resettlement areas have permanent access to adequate basic social services and

livelihood opportunities; and
h) Massive information and education campaign shall be conducted to

amplify stakeholder awareness and voluntary participation on the importance of
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environmental restoration, rehabilitation, protection and conservation of the Abra
River Basin System in close coordination with LGUs and other government
agencies.

SEC. 6. Powers and Functions. — The Authority shall exercise the
following powers and functions:

a) Work closely with the DENR, DPWH, National Irrigation
‘Administration (NIA), Department of Agriculture (DA), and the Provincial
Government of Abra to ensure the provision for adequate, dependable and reliable
wastewater treatment facilities and sewerage systems in all their authorized service
areas, particularly, in the unserved and under-served communities and barangays
within the Abra River Basin System;

b) Periodically conduct comprehensive scientific surveys, studies, field
sampling and laboratory testing, and GIS-mapping of the Abra River Basin
System, in coordination with the Department of Science and Technology (DOST),
DENR-Environmental Management Bureau (EMB), and National Mapping and
Resource Information Authority (NAMRIA) to monitor, evaluate, update and
analyze among others, the physical, biological, chemical, hydrologic, bathymetric
and hydrographic characteristics including socio-economic profile of the
stakeholders, trade, industrial and commercial profile, status of the national
government agency and LGU programs and projects, biometric tagging and

identification of informal settlers, parcellary land use and zoning aspects, mapping


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of critical effluent discharge areas, and transportation and navigation attributes,
historical and tourism elements;

c) Engage the services of the private sector through the Public-Private
Partnership (PPP) process or through the Built Operate and Transfer (BOT)
Scheme under Republic Act No. 6957, entitled “An Act Authorizing the Financing
Construction, Operation and Maintenance of Infrastructure Project by the Private

Sector, and For Other Purposes,” or other acceptable forms of partnership and

agreements in establishing its own water quality laboratory, environmental,
biological and microbiological laboratory, GIS-mapping system, surveillance,
monitoring and enforcement system through high-definition closed circuit
televisions or other surveillance and monitoring technologies and new technologies
on highly-specialized fields including sewerage and sewage treatment systems
which require the expertise and investment of the private sector;

d) Engage in land swapping in securing relocation and resettlement
areas, and in sludge or contaminated sediment disposal and treatment sites
whenever necessary, whether by itself or in cooperation with private persons or
entities, enter into other acceptable exchange agreements related to social and
ecological development projects;

e) Engage in experimental community-based integrated wastewater
management technologies and strategies including the collection and disposal
system, sewage and septage treatment, collection and disposal of floating garbage,

solid waste by-products, sludge or contaminated sediments;


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f) Identify, secure and possess near-site or on-site development areas for
low-cost and socialized mass housing of qualified informal settler families;

g) Clear and dismantle all illegal structures, in coordination with the
local government units, DILG and Philippine National Police (PNP), and ensure
that the easements provided for in this Act and other related laws are enforced,
especially in all the esteros and waterways that drain into and branch-out of the
Abra River;

h) Formulate and implement the comprehensive Abra River
Rehabilitation Roadmap and Master Plan with the help of the NEDA and other
agencies or entities:

i) Review all plans, projects and programs on the Abra River Basin

System and the expansions thereto including those submitted by LGUs, public

corporations, public utility

franchisees, concessionaires, private persons or
corporations that relate to the development of the Abra River Basin System to
ensure that they conform to environmental standards prescribed by the Authority
and other environmental laws;

i Through proper coordination with the DPWH and other appropriate

government agencies, implement infrastructure projects such as flood control, solid

waste management, wastewater and sewerage, water supply, access roads, access
ports, housing, leisure parks and related works within the context of its master plan
including the readjustment, relocation or resettlement of population within the

‘Abra River Basin System that may be deemed necessary and beneficial in pursuit
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of its mandate. In case any of these projects is financed wholly or in part by the
Authority, it shall have authority to collect fees and tolls from users or
beneficiaries to recover costs of construction and maintenance of the projects.
Infrastructure projects which are in the nature of social overhead capital projects
shall be entitled to receive the corresponding financial assistance from the
government;

k) Implement, in coordination with the Philippine Reclamation
Authority and the LGUs, dredging or reclamation projects:

)) Conduct, in close coordination with the DENR, DOST, the academe
and other private and public research institutions, continuing research and
development programs on water quality management technologies, integrated
water resource management models and techniques. and appropriate wastewater
technologies, with the end view of promoting sustainable development;

m) Without prejudice to existing environmental laws, establish and
enforce anti-pollution standards and water quality guidelines on domestic,
municipal, commercial and industrial wastewater and effluents being discharged
into the river system;

n) Adopt rules and regulations governing the approval of sewage works

and industrial waste treatment and disposal systems and the issuance of clearances

or permits in accordance with the provisions of this Act and inspect the
construction and maintenance of sewerage works and industrial waste treatment

and disposal systems in compliance with clearance or permit conditions;


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©) — Require all projects or activities affecting the Abra River Basin
System to secure environmental compliance certificates (ECCs) required under
Presidential Decree No. 1586 and grant clearances and permits for projects and
activities within or affecting the Abra River Basin System including industrial and
commercial activities, recreation and tourism, navigation, housing and other forms
of land developments, construction and operation and impose necessary
safeguards, management and control of wastewater and collect necessary fees for
such activities and projects;

p) Issue, renew or cancel permits, subject to reasonable guidelines, for
the discharge of sewage, septage, industrial waste and installation or operation of
sewerage works and industrial disposal systems or parts thereof, for the prevention
and abatement of pollution:

q) Require mining companies within the territorial jurisdiction of the
Authority to utilize allowable mining wastewater treatment systems, technologies
on treatment of contaminated fresh surface waters, practice onsite reduction of
metals, and control, contain and manage mine tailings that, as much as possible,
must not be discharged to the Abra River or any of its tributaries;

r) Require subdivisions, condominiums, clinical and medical
establishments, mortuaries, car and motor repair shops, private and public markets,
abattoirs, private and public buildings and other similar structures within the Abra
River Basin System to construct and provide appropriate individual and

decentralized wastewater and sanitary treatment plants, or centralized sewerage

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systems and sewage treatment facilities. The Authority shall impose reasonable
fees and other similar charges for the issuance or renewal of all the required
permits;

s) Impose annual fees or levies in the form of local tax on all industrial
and commercial users of the Abra River and its tributaries as well as the esteros
branching from and draining into the Abra River;

a9) Issue, after due notice and hearing, orders or decisions to compel
compliance with the provisions of this Act and its implementing rules and
regulations;

u) Issue, alter or modify, after due notice and hearing, orders decisions
requiring the discontinuance of pollution specifying the conditions and the time
within which such discontinuance must be accomplished;

vy) Revoke, suspend or modify, after due notice and hearing, any
clearance or instrumentalities for the purpose of enforcing the provisions of this
Act and its implementing rules and regulations;

w) — Deputize or request the assistance of appropriate government agencies
or instrumentalities for the purpose of enforcing the provisions of this Act and its
implementing rules and regulations and the orders and decisions of the Authority;

x) Enter, inspect or investigate at all reasonable times any public and
private property devoted to commercial and industrial use within the Abra River
Basin System, on any matter relating to pollution and existing or imminent

environmental hazard and danger;

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y) _ Fix, impose, collect, periodically review and adjust reasonable fees
and other related charges for services rendered in the performance of its mandate;
and

2) Exercise powers and perform other functions as may be necessary to

carry out its duties and responsibilities under this Act.

SEC.7. Corporate Powers.

The Authority shall exercise the following
corporate powers:

a) Succeed in its corporate name;

b) Sue and be sued in its corporate name;

c) Adopt, alter and use a corporate seal;

d) Adopt, amend or repeal its by-laws;

e) Enter into, make, perform and carry out contracts of any class, kind
and description with any person, firm or corporation, private or public and with
foreign government entities which are necessary or incidental to the realization of
its purpose;

) Acquire, buy, purchase, hold or lease such personal and real property
as it deems necessary or convenient in the transaction of its business or to lease,
mortgage, sell, alienate or otherwise encumber, utilize, exploit or dispose of any
such personal and real property held by it, subject to prior or existing individual or
communal right of private parties or of the government or any agency or enterprise
thereof. No real property within the Abra River Basin System shall be sold or

disposed of without the approval of the President of the Philippines;

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g) Receive and utilize donations, grants, bequeaths and assistance of all
kinds from local and foreign governments and private sectors;

h) Exercise the right of eminent domain whenever the Authority deems it
necessary to carry out the objectives under this Act;

i) Borrow funds from any local or foreign sources independent of the
bonds it may issue to carry out the purposes of this Act;

j) Purchase, hold, alienate, mortgage. pledge or otherwise dispose of the
shares of the capital stock of or any bond, securities or other evidence of
indebtedness created by any other corporation, co-partnership or government
agencies or instrumentalities. The Authority shall not invest its funds in any high
risk instruments or in any highly speculative stocks issued without recourse to
commercial banks or investment houses;

k) Perform any acts which a corporation or a juridical person is
authorized to perform under the existing laws;

1) Provide incentives to encourage the private sector to fully subscribe to
its shares of stock; and

m) _ Issue such other rules and regulations as may be deemed necessary to
carry out the purposes of this Act.

SEC.8. Board of Directors. — The corporate powers of the Authority
shall be vested in and exercised by a Board of Directors, hereinafter referred to as
the Board, which shall be composed of the following:

a) — General manager of the Authority, as chairperson;

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b) Secretary of the DENR, as ex-officio vice-chairperson;

c) Secretary of the DPWH, as ex-officio member;

d) — Secretary of the DILG, as ex-officio member;

e) A representative from the Office of the Governor of the Province of
Abra; and

f) Two (2) representatives from the private sector who are shareholders
or stakeholders in the Abra River, as members.

‘The ex-officio members of the Board may designate the officer next in rank
as a permanent alternate representative to the Board.

‘The appointment and qualification of the members of the Board shall be in
accordance with the provisions of Republic Act No. 10149, otherwise known as the
“GOCC Governance Act of 2011.” The Governance Commission for Government-
Owned or-Controlled Corporations shall give utmost consideration to the nominees
recommended by the general manager. The general manager shall recommend at
least three (3) names for every vacant position.

SEC. 9. Powers and Functions. — The Board shall exercise the
following powers and functions:

a) Provide a comprehensive policy guidance for the rehabilitation and

development of the Abra River Basin System;

b) Prescribe and promulgate poli rules and regulations to govern the
conduct of business of the Authority and ensure that the Authority performs its

functions in a proper, efficient and effective manner;
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©) Decide the objectives, strategies and policies of the Authority in
accordance with the provisions of this Act;

d) Exercise appellate powers on the decision of the general manager;

e) Issue subpoena ad testificandum or subpoena duces tecum requiring
the attendance and testimony of witnesses in any matter or inquiry pending before
the Board and requiring the production of books, papers, contracts, agreements and
all other documents;

f) Exercise appellate powers to order the taking of depositions at any
stage of any proceeding or investigation pending before the Board;

g) Approve the organizational and administrative structures and the
corresponding staffing pattern of the Authority; fix their reasonable compensation,
allowances and other benefits in accordance with the Salary Standardization Law;
prescribe their duties and establish such methods and procedures as may be
necessary to ensure the efficient, honest and economical administration of the
provisions and purposes of this Act: Provided, That all personnel of the Authority
below the rank of the general manager shall be appointed by the chairperson of the
Board: Provided, further, That the personnel appointed by the general manager,
except those below the rank of department heads, and others of comparable rank,
shall be subject to the confirmation of the Board: Provided, finally, That the
personnel of the Authority shall be selected only from those with civil service

eligibility and shall be subject to civil service laws, rules and regulations;


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h) Approve the annual and supplemental budgets of the Authority and
authorize each operating and capital expenditures and disbursements as may be
necessary for the effective management, operation and administration of the
Authority;

i) Create and organize ad-hoc technical working groups composed of

representatives from the government and other stakeholders to assist the Board;

and

j) Perform such other functions as may be necessary to carry out the
provisions of this Act.

SEC. 10. Quorum. — The presence of at least five (5) members of the
Board shall constitute a quorum and the majority vote of at least four (4) members
in a meeting where a quorum is present shall be necessary for the adoption of any
rule, ruling, order, resolution, decision or other act of the Board in the exercise of
its functions.

SEC. 11. Board Meetings. — The Board shall meet regularly once a
month and may hold special meetings to consider urgent matters upon the call of
the chairperson or upon the initiative of five (5) members. The rules and
procedures in the conduct of Board meetings shall be prescribed by the Board.

SEC. 12. Per Diems. — The members of the Board shall receive a per

diem for each meeting actually attended. The per diems of the members of the
Board shall be determined by the Board in accordance with the existing rules and

regulations.
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SEC. 13. General Manager. — The Authority shall be headed by a
general manager who shall be the chief executive officer and shall exercise the
following powers and functions:

a) Submit for consideration of the Board, the policies and measures that
are necessary to carry out the purposes and objectives of this Act;

b) Head and administer the Abra River Basin Adjudication Panel as the

implementing arm for the quasi-judicial powers of the Authority;

c) — Execute, administer and implement the policies, plans, programs and
projects approved by the Board;

d) Manage and supervise the operation and administration of the
Authority;

) Appoint all officials and employees of the Authority below the rank
of the executive director and remove, suspend or otherwise discipline the same for
cause, in accordance with existing civil service laws, rules and regulations;

f) Submit quarterly reports to the Board on personnel selection,
placement and training:

g) Render an annual report to the Board and various stakeholders

regarding the operation of the Authority including its latest financial statements;

h) Represent the Authority in all its dealings with offices, agencies, and
instrumentalities of the government and with all persons and other entities, public

or private, domestic and foreign; and


i) Perform such other functions as may be provided in the by-laws and
as may be vested by the Board.

The general manager shall be vested with the rights, privileges,
disqualifications and prohibitions of a general manager as prescribed by existing
Position Classification and Compensation Scheme, laws, issuances and pertinent
civil service rules and regulations.

SEC. 14. Qualifications. — The general manager must be:

a) A citizen and resident of the Philippines;

b) At least thirty-five (35) years of age:

¢) With good moral character, unquestionable integrity and recognized
competence; and

d) A degree holder with at least five (5) years supervisory or
management experience in the field of public administration, economic planning,
environmental planning and natural resource management, or in the establishment
and management of large agricultural, commercial or industrial enterprises or other
related fields.

SEC. 15. Term of Office. — The general manager shall be appointed by
the President of the Philippines and shall have a term of six (6) years which may be
extended for another non-extendible term of two (2) years. The general manager
shall only be removed for cause in accordance with the rules and regulations

prescribed by the Civil Service Commission.

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SEC. 16. Management Structure. — In carrying out the activities of the
Authority, the general manager shall be assisted by an assistant general manager
and four (4) department heads: one (1) for legal services, one (1) for administration
and finance services, one (1) for technical services, and one (1) for social
development and advocacy, who shall have such powers, duties and functions as
the general manager may prescribe or delegate. ‘The assistant general manager
shall act as the general manager in the absence or during the temporary incapacity
of the general manager or until such time that a new general manager has been duly
appointed.

The Authority shall have the following departments under the direct
supervision and control of the general manager:

a) Enforcement and Legal Service Department which shall provide legal
advice and support to all the corporate units on legal implications of the various
undertakings of the Authority. It shall also provide professional assistance in the
implementation of the quasi-judicial and regulatory functions of the Authority,
which include enforcement of environmental protection, proper procedures on
investigation, litigation, adjudication and voluntary arbitration. This department
shall oversee and manage the operations of barangay waterways water quality
surveillance, monitoring and enforcement units.

b) Administrative and Finance Department which shall be responsible
for providing services related to administrative support services such as

consolidation of major final output, preparation of personnel evaluation system,
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human resource management, revenue planning, generation and enhancement,
budget and financial matters, records management, safekeeping of financial assets,
and general services.

©) Technical and Environmental Management Services Department
which shall serve as the main regulatory and technical arm of the authority and
shall oversee the integration of the functions on river basin management and
development, including the management and operations of the GIS-Mapping unit
and laboratories. ‘This department shall also be responsible for providing scientific
studies, technical policy planning, research and development, and technology
management services.

d) Social Development and Advocacy Department which shall be
responsible for resettlement and relocation of informal settlers including their
social preparation. It shall also be responsible for dissemination of information and
educational campaign.

SEC. 17. Power to Administer Oaths. — The members of the Board, the
general manager and other duly designated officers of the Authority, shall have the
authority to administer oaths in the transaction and performance of their official
duties.

SEC. 18. Consultative Assembly. There shall be established a
consultative assembly which shall serve as venue for public consultations and

participation by stakeholders and presentation of the Authority’s plans and

programs or modification, amendment or revision of rules and regulations prior to

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its adoption or implementation within its jurisdiction. The consultative assembly
shall be composed of the following:

a) — Mayors of the cities and municipalities comprising the Abra River
Basin System;

b) The president of the association of barangay captains in cities and
municipalities comprising the Abra River Basin System;

c) A representative of owners, proprietors and authorized operators ofall
major private, commercial or industrial business establishments located in all
barangays comprising the Abra River Basin System; and

d) One (1) representative each for the homeowners associations, civil
society organizations and peoples’ organizations in the Abra River Basin System.

The Authority shall convene an annual year-end general assembly to report
and present its financial and fiscal status and updates on its plans, programs and
projects to its stakeholders and to the public. The required logistical support, such
as food and transportation allowances shall be provided to the members of the
Board and the consultative assembly during the mecting at the expense of the
Authority subject to government accounting and auditing procedures.

SEC. 19. Additional Offices. — The Board may create additional offices it
may deem necessary for the effective implementation of this Act not later than
twelve (12) months from the date of the effectivity of this Act.

SEC. 20. Enforcement Powers. ~ The Authority shall have enforcement

powers within the Abra River Basin System to carry out the functions and attain

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the purposes and objectives declared under this Act. The grant of such powers
shall be in conformity with the functions exclusively provided by law to be
exercised by the PNP and other government agencies. The Authority may request
the assistance of other law enforcement agencies, including request for deputation
as may be required. Such enforcement power shall be exercised in connection with
the operations of barangay waterways water quality surveillance, monitoring and
enforcement units, and implementation of rules and regulations promulgated by the
Board pursuant to the authority granted under this Act.

SEC.21. Power to Investigate Violations. — The general manager, motu
proprio or at the instance of a private person or the Board, may conduct
investigations based on the procedures that the Board may prescribe in accordance
with the provisions of the Rules of Court serving as supplemental guidelines.

SEC.22. Cease and Desist Order. — The general manager, after due
investigation, may issue a cease and desist order to immediately halt any practice
found to be in violation of the provisions of this Act. Such order shall be without
prejudice to the civil or criminal prosecution of persons under the existing laws.

SEC. 23. Abra River Adjudication Panel. ~ Yo carry out effectively the
quasi-judicial powers of the Authority, there shall be created an Abra River Basin
Adjudication Panel, hereinafter referred to as the “Adjudication Panel.” The
Adjudication Panel shall be composed of the general manager as the head, one (1)
ex-officio board member and one (1) board member from the private sector, to be

elected by the board members from among themselves.


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‘The Adjudication Panel shall have the following powers and functions:
a) Issue preliminary or permanent injunctions whether prohibitory or
mandatory, in all cases in which it has jurisdiction;
b) _ Issue subpoena and subpoena duces tecum and to summon witnesses
to appear in any proceedings of the Adjudication Panel, and administer oaths and
affirmations;

ct and indirect, in accordance with the

c) Punish for contempt, both di

pertinent provisions of and the penalties prescribed by the Rules of Court;

d) — Conduct investigations and hearings on the complaints for violation of
the environmental laws and of this Act, issue show cause orders, decisions or
ruling and impose fines and penalties for such violations:

e) _ Issue notices of violations or non-compliance, cease and desist orders
and other related orders necessary for the enforcement of existing environmental
Jaws and rules and regulations of this Act;

‘The Adjudication Panel is mandated to take cognizance and adjudicate
violations of this Act. Any decision, order or resolution shall be concurred in by
the majority members of the panel and duly signed by the general manager. The
decision, order or resolution of the Adjudication Panel may be appealed to the
Board within fifteen (15) days from receipt of the decision, order or resolution, The
decision of the Board may be further appealed to any court of competent

jurisdiction in accordance with the provisions of the Rules of Court.

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SEC. 24. Clean-Up Operations, — In addition to the provisions of Section
26 hereof, any person who causes pollution in or pollutes the Abra River or any of
its tributaries in excess of the applicable and prevailing standards shall be
responsible to contain, remove and clean-up any pollution incident at the polluter’s
own expense: Provided, That in the event emergency clean-up operations are
necessary and the polluter fails to immediately undertake the same, the Authority,
in coordination with other government agencies concerned, shall conduct
containment, removal and clean-up operations. Expenses incurred in said
operations shall be reimbursed by the persons found to have caused such pollution
upon proper administrative determination in accordance with this Act.
Reimbursements of the cost incurred shall be made to the Authority’s fund for the
development of the Abra River.

SEC.25. Prohibited Acts. ~ The following acts are prohibited:

a) Discharging, depositing or causing to be deposited matter of any kind
directly or indirectly along the margins or the water of the Abra River, where the
same shall be liable to be washed into surface water either by the tide, storm,
floods or other occurrences which cause water pollution or impede the natural flow
of the Abra River;

b) Discharging, injecting or allowing to seep into the soil or subsoil any
substance in any form that would pollute the Abra River groundwater. In the case
of geothermal projects, subject to the approval of the Authority, the regulated

discharge for short-term activities such as well testing, flushing, commissioning,

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venting and deep re-injection of geothermal liquids may be allowed: Provided,
That safety measures are adopted to prevent the contamination of the groundwater;

c) Operating facilities and discharging regulated water pollutants without
the valid required permits or under a revoked permit in violation of any condition

imposed by the Authority;

d) Disposal of potentially infectious medical
and its tributaries;

) Unauthorized transport or dumping of sewage sludge, solid waste, or
commercial, industrial and institutional waste into the Abra River and its tributaries
and waterways;

£) Transporting, dumping or discharging of prohibited chemicals, toxic

substances, hazardous and nuclear waste into the Abra River;

g) Operating facilities that discharge or allow to seep, willfully or
through gross negligence, prohibited chemicals, toxic, hazardous and nuclear
waste, or pollutants into the waterways wherein the same shall be washed into the
surface and ground water of the Abra River;

h) Undertaking activities, development and expansion projects or
operating wastewater and sewerage facilities in violation of Environmental Impact
Statement System established under Presidential Decree No. 1586 and_ its

implementing rules and regulations;

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i) Discharging regulated water pollutants without the valid required
discharge permit pursuant to this Act or after the permit was revoked for any
violation of the condition therein;

) Refusal to allow entry, inspection and monitoring by the Authority;

k) Refusal to allow access by the Authority to relevant reports and
records;

1) Refusal or failure to submit reports whenever required by the
Authority;

m) Refusal or failure to designate pollution control officers whenever
required by the Authority in accordance with this Act; and

n) Directly using booster pumps in the distribution system or tampering
with the water supply in such a way as to alter or impair the quality of water.

SEC. 26. Penal Clause. — Any person who commits any of the prohibited
acts mentioned in Section 25 hereof or any rule and regulation promulgated
pursuant thereto shall be punished by imprisonment of not less than two (2) years
but not more than four (4) years or a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or
both. In case of failure or refusal to undertake clean-up operations mentioned in
Section 24 hereof, any person who, willfully or through gross negligence causes
serious injury, loss of life, or irreversible water contamination of surface or ground
water, shall be punished with imprisonment of not less than six (6) years and one

day to not more than twelve (12) years or a fine of Five hundred thousand pesos
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(P500,000.00) per day for each day during which the omission or contamination
continues.

If the offender is a corporation or a juridical person, the officers thereof who
have knowingly participated in the violation shall be held liable.

SEC. 27. Incentives. — The Authority may provide incentives to
industries and commercial enterprises that undertake necessary measures to abate
pollution within the Abra River Basin System and to the government agencies
involved in the construction of parks, river control structures, revetments along the
river banks, anti-pollution devices, contraptions, appurtenances, bio-remediation
and containment systems, cleaner technology systems for wastewater treatment and
sewerage facilities and solid-waste and garbage disposal systems, and other related
equipment.

Investment incentives shall be provided by the Authority to the industries,
organizations and persons whose activities will enhance the utilization of the Abra
River and its environs such as clean-up operations, dredging and sediment removal
or de-siltation projects, recreation, tourism and other programs that will revive,
improve and enhance the ecological system of the Abra River Basin System.

SEC. 28. | Annual Fees, — The Authority shall be authorized to collect
annual fees from private business establishments, individual or corporation,
including residential establishments such as townhouses, apartments, hotels,
condominiums, condotels, medical hospitals and wet markets, both private and

public, whose wastewater disposal facilities are connected to the sewerage system

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located within the Abra River Basin System or which wastewater eventually drains
or seeps to the Abra River. The fees collected shall be used solely for

rehabilitation and sustainable development of the Abra River Basin System.

29, Fiscal Autonomy. ~ The Authority shall enjoy fiscal autonomy.
All funds earned by the Authority from the collection or levy or from all fees,
charges, dues, assessments and fines collected pursuant to this Act shall be used
solely to fund its operations.

SEC. 30. Capitalizations and Financing. ~ The Authority shall have an
authorized capital of Four hundred million pesos (P400,000,000.00). The
authorized capital shall be divided into two million (2,000,000) shares of stock
with a par value of Two hundred pesos (P200.00) per share. The National
Government shall fully subscribe to ninety percent (90%) of the authorized capital,
of which at least fifty percent (50%) shall have been fully paid; while ten percent
(10%) of the shares shall be subscribed and paid by the Provincial Government of
Abra.

SEC.31. Funding. — The amount necessary to subscribe and pay for the
remaining shares of the National Government to the capital stock of the Authority
shall be included in the annual General Appropriations Act. For the Provincial
Government of Abra, the funds for subscription shall be taken from their internal
revenue allotment and other local funds.

SEC. 32. Exemption from Taxes, Customs and Tariff Duties. — The

importation of equipment, machineries, spare parts. accessories and other materials
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including supplies and services which are used solely and exclusively for the
operations of the Authority and are not available locally shall be exempt from all
direct and indirect taxes, wharfage fees and other charges. All obligations entered
into by the Authority and any income derived therefrom, including those
contracted with private international banking and financial institutions shall be
exempt from all taxes including the principal and the interest. ‘The Authority is
also exempt from the payment of capital gains tax, documentary stamp tax, real
property estate tax and all other local government taxes and fees.

SEC.33. Auditor. — The chairperson of the Commission on Audit (COA)
shall be the ex-officio Auditor of the Authority. For this purpose, the chairperson
may appoint a representative and the necessary personnel who shall audit the
Authority.

All accounts and expenses of the Authority shall be audited by the
Commission on Audit or its duly authorized representative.

SEC.34. Joint Congressional Oversight Committee. — There is hereby
created a Joint Congressional Oversight Committee to monitor the implementation
of this Act. The oversight committee shall be composed of five (5) Senators and
five (5) Representatives to be appointed by the Senate President and the Speaker of
the House of Representatives, respectively. The oversight committee shall be co-
chaired by the chairpersons of the Committee on Environment of the Senate and

the Committee on Ecology of the House of Representatives.



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SEC. 35. Implementing Rules and Regulations. — Within ninety (90)
days from the approval of this Act, the Board shall issue the necessary rules and
regulations for the effective implementation of this Act. The implementing rules
and regulations shall be published in the Official Gazette or in a newspaper of
general circulation.

SEC. 36. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations and issuances, or parts thereof, inconsistent with the provisions of
this Act are hereby repealed accordingly.

SEC.37.  Separability Clause. ~ If any provision of this Act is declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain
in full force and effect.

SEC.38. — Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,