Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2980

HOUSE BILL NO.

Introduced by Representative Wilbert T. Lee

AN ACT CREATING THE DEPARTMENT OF WATER RESOURCES
MANAGEMENT DEFINING I'FS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Along with climate change, water resources management is the next great global
concern. The paradox of our time is that our planets surface is made up of 71% water yet so
many places around the world are facing water shortage. This is because 96% of all water on
earth is in the oceans and not for daily use

According to World Wildlife Fund", “1.1 billion people lack access to water and 2.7
billion experience water scarcity at least one month a year. By 2025, two-thirds of the world’s
population may be facing water shortages. When waters run dry, people can’t get enough to
drink, wash, or feed crops, and economic decline may occur. In addition, inadequate
sanitation —a problem for 2.4 billion people—can lead to deadly diarrheal diseases, including
cholera and typhoid fever, and other water-borne illnesses.”

In the Philippines, more than three million people rely on unsafe and unsustainable
water sources and seven million lack access to improved sanitation? Current projections of
climate up to 2090 suggest the Philippines will become warmer, with increasing temperature
and decreasing rainfall during the dry season and more extreme rainfall events during the wet
season, This will undoubtedly exacerbate both water availability during periods of drought and
the magnitude of flood events during periods of heavy rainfall ®

In addition to water stresses from a changing climate, the population is expected to
increase by around fifty percent (50%) up to 2050, with the urban population set to double over
the same period. This will further exacerbate pressures on future water resources.

* World Wildlife Fund (n.d.) Haier Scarcity. Retrieved last 31 July 2022 from:
hups:/vww.worldsildlife.org/threats/water-scarcity

Water org(n.d.) Philippines’ water and sanitation crisis, Retrieved from: hups://vater-org/our-impacUwhere-
wo-work/philippines!
* Barkwith, Andrew. British Geological Survey. (10 June 2021), /mproving water security in the Philippines
Retrieved from: htips:/Avww-bgs.ac.nk/news/improving-watcr-security-in-the-philippines,
Thid.


We are already feeling the effects of water shortage It is not an infrequent occurrence
for water companies to limit or ration water services during the dry season to ensure that
‘enough supplies are available until the rainy season. Clean and potable water figures in all
aspects of our future: from the health and survival of our people, to our food supply, to our
agricultural and industrial development.

Before it reaches a full crisis mode, there is an urgent need to establish a department
with a mandate and ample resources that will be commensurate to the surmountable challenges
that we will be facing, This early, we need to create an effective and sustainable water resources
management program that will be resistant to the effects of climate change and sufficient to
serve the needs of our developing and growing country

This measure establishes the Department of Water Resources Manayement whose task
is to develop and implement programs and policies to promote universal access to safe,
adequate, affordable, and sustainable water supply. irrigation, sewage, and sanitation services
for all Filipinos. This bill likewise seeks to promote the use of rainwater harvesting facilities
throughout our country to augment our water supply needs.

Under this measure, the new Department is likewise mandated to protect all water
resources with greater emphasis on sources of drinkable water and work closely with the Local
Government Units (LGUs) for the protection of waters within their jurisdictions especially on
pollution prevention and river restoration. Another provision under this bill also puts a spotlight
on barangays as it transfers the supervision from the Department of Public Works and
Highways to the new Department on the construction and operation of all wells and other
water-harvesting facilities

If we truly value life, we need to value water that gives life to us all.

In view of the foregoing, the approval of this bill is earnestly sought.

HON. WILBERT T. LEE
Representative
AGRI PARTYLIST


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

INETEENTH CONGRESS
First Regular Session

2880

HOUSE BILL NO.

Introduced by Representative Wilbert T. Lee

AN ACT CREATING THE DEPARTMENT OF WATER RESOURCES
MANAGEMENT DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the “Department of Water
Resources Management Ac

SEC. 2. Declaration of Policy tis hereby declared the policy of the State to recognize,
protect, realize, and enhance the right of all Filipinos to safe, clean, affordable, and accessible
drinking water as essential (o the full enjoyment of life and ail human rights and the protection
and sustainability of the environment.

In pursuit of said policy. this Act shall have the following objectives:

a) To prioritize and pursue the immediate attainment of universal access to safe,
adequate, and sustainable water supply for all Filipinos and adopt all necessary
measures directed towards the realization of the human right to water, and

b) To strengthen and coordinate water resource planning and policymaking to ensure
sustainable and fair allocation and efficient use of water resources between
competing water uses and users, including but not limited to domestic and
municipal use, irrigation, sanitation, power generation, farming, fisheries,
commercial, and industrial use.

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

a) Department — refers to the Department of Water Resources Management.


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b) Rainwater harvesting facility - refers to a flood control structure such as a 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.

c) Sanitation — refers to sewage, sanitation, and septage management.

d) Sewerage — refers to any system or network of sanitary pipelines, ditches, channels,
or conduits including pumping stations, lift stations, and force mains, service
connections including other constructions, devices, or appliances appurtenant
thereof, which includes the collection, sanitary piping transport, pumping, and
treatment of water-borne human or animal waste removed from residences,
buildings, institutions, industrial, and commercial establishments to point of
sewage treatment plant disposal

¢) Sewage—refers to water-carried waste in solution or suspension, including sanitary
waste (waste products of normal living), commercial waste, Industrial waste,
agricultural waste, and surface runoff, conveyed by a sewerage system for
treatment or disposal. For purposes of this Act, the definition of septage shall be
included in the use of sewage.

f) Septage — refers to sludge produced on individual on-site wastewater disposal
systems, principally septic tanks and cesspools,

The terms infrastructure and public works as used in this Act should be ready to apply
only to wholly or primarily water-related projects and shall not be read to incorporate projects
which would not otherwise fall within the purview of the objectives, powers, and duties of the
Department.

CHAPTER IL
ORGANIZATION

SEC. 4. The Department of Water Resources Management. There is hereby created
and established the Department of Water Resources Management, hereinafter referred to as the
“Department,” which shall be organized within one hundred twenty (120) days afier the
effectivity of this Act. The Department shall be tasked with developing and implementing a
‘comprehensive water usage and conservation program for the Philippines including, but not
limited to:

a) Implementing necessary policy and resource reforms with respect to the

management of all water resources including irrigation, sewage, and sanitation;

b) Monitoring and evaluating compliance with the national goals relating to water,

irrigation, sewage, and sanitation,

¢) Formulating a national updated road map to address the water, sewage, and

sanitation requirements of the State; and

d) Improving conservation of water and increasing system efficiencies.

SEC. 5. Powers and Duties of the Department. The Department shall have the
following powers and duties, among others

1) Develop policies to promote universal access to safe, adequate, affordable and

sustainable water supply, irrigation, sewage, and sanitation services for all
Filipinos,

2) Coordinate with relevant government agencies or entities to provide policy

directions, strategies, and targets to meet the goals and objectives for water supply,


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irrigation, sewage, and sanitation. Such policies shall, among other things, integrate
the issues of water, irrigation, sewer, energy, environment, and food security,

3) Manage and protect the country's water resources to ensure the optimal use thereof
for domestic water supply, sewage, sanitation, irrigation, hydropower, navigation,
flood control, and recreation including the enhancement and maintenance of water
quality, conservation of watersheds control of water pollution, and environmental
restoration, without compromising the natural ecosystem functions and services;

4) Manage the ownership, appropriation, utilization, exploitation, development,
conservation and protection of water resources including but not limited to ground
water, surface water, rainwater, run-offs, floods, stormwater and urban drainage,
and treated wastewater and the rights to land related thereto and their competing
demands;

5) Ensure the protection of ail water resources with greater emphasis on sources of
potable water and coordinate with the Local Government Units (LGUs) for the
protection of waters within their jurisdiction especially on pollution prevention and
river restoration,

6) Undertake and coordinate with other agencies and government entities in data
gathering, scientific research, and studies on water resources management and
development, and conduct nationwide hydrologic surveys to determine the annual
renewable water available per water region;

7) Formulate and enforce rules and regulations in the administration and management
of the country’s water resources and implement rules and guidelines for the
enforcement of water-related laws;

8) Conduct continuing surveys and studies of the country’s renewable water supply
with a view towards formulation of long-term policies to balance the sustainability
and optimal use of water resources, defining the hydrologic boundaries of basins of
the existing water supply sources, and creating and implementing countrywide
master plans for water resources management and development,

9) Coordinate with and assist other government agencies in all aspects of data
gathering, conduct studies and research, and classify and establish water quality
standards for surface and ground water, including national standards for drinking
water and wastewater effluence in coordination with relevant agencies:

10) Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management (IWRM) policies
and plans, and coordinate the implementation, promotion, revision and
enhancement of IWRM plans,

11) Effect and compel inter-sectoral, inter-agency, and inter-departmental coordination
on water, irrigation, energy, environmental, sewage, and sanitation resources
development pianning with the aim of operationalizing the integrated approach
water resources management,

12)Regulate and control the utilization, exploitation, abstraction, diversion, and
development of water resources, taking into account its equitable distribution, and
determine the standards of beneficial and priority uses of water in times of crisis
and national emergencies;

13) Promote water recycling and conservation as well as spearhead the efforts towards
the study, research, feasibility, installation, and operation of desalination systems,

14) Assist and provide the National Economic and Development Authority (NEDA)
with required data and inputs from and for the water sector in the formulation of the
country's short-term and long-term strategic development plans and actions,



15) Coordinate with other relevant government agencies and develop policies and plans
in respect of water resources for farming, including sustainable mechanisms for
irrigation;

16) Coordinate with other relevant government agencies in order to educate the public
regarding water conservation, recycling, and other relevant information for the
fulfillment of the goals of this Act.

17) Pass upon, approve, or disapprove all plans, programs, or development projects of
private individuals, corporations, and government agencies, whether national or
local, that affect water resources, its diversion or abstraction, and the construction
of hydraulic facilities, including, but not limited to plans and projects in watershed
or basin areas of water supply sources, which have direct or indirect impact on the
affected locality's water resources;

18)Review from time-to-time regulations prescribed by any government agency
pertaining to water use, exploitation, development, conservation, or protection of
waters, water resources, and watershed or basin areas,

19) Authorize its representatives or any deputized agent to enter any property of public
dominion or any private land, building, or enclave, whether inhabited or not for the
purpose of conducting hydrologic surveys and investiyations, including assessing
and evaluating the conditions of water facilities installed and determining
compliance with water laws and standards,

20) Require LGUs and national agencies to submit zoning and land use management
plans to ensure the integration of water resource management plans; Provided, that
no zoning and land use plan shall become effective and enforceable unless and until
a certification of integration of water, sewage, and sanitation resource management
plan has been issued by the Department.
Should the Department have serious concerns affecting conservation and
sustainability of water supply, such concerns must first be resolved by the
Department and the concerned LGU and/or national agency. However, in the
absence of such concerns, the concerned LGU and/or government agency may,
ninety (90) days from the submission of its zoning and land use plan and after
submitting to the Department a written notice of compliance with this provision,
proceed with the implementation of its zoning and land use plan without prejudice
to later integration of the water resource management plan for the locality:

21)Provide technical assistance to water, irrigation, sewer, and sanitation users,
whether directly or in coordination with other agencies, to assist them in applying
for water and irrigation permits and providing data on water, irrigation, sewage, and
sanitation resource usage;

22)Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;

23) Operate, maintain, and administer ail national irrigation systems (NIS);

24) Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

25)Supervise the operation, maintenance, and repair, or otherwise. administer
temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

26) Delegate the partial or full management of NIS to duly organized cooperatives or
associations,

27)Construct multiple-purpose water resources projects designed primarily for
irrigation, and secondarily for hydraulic power development and/or other uses such



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as flood control, drainage. land reclamation, domestic water supply, roads and
highway construction, and reforestation, among others; Provided, that the plans,
designs, and the construction thereof shall be undertaken in coordination with the
agencies concerned;

28) Charge and collect from the beneficiaries of the water from ail irrigation systems
constructed under its administration,

29) In coordination with other relevant government agencies, develop and implement
effective codes, standards, and reasonable guidelines to ensure the safety of ail
public and private structures in the country and assure efficiency and proper quality
in the construction of water, irrigation, sewage, and sanitation infrastructures,

30) Coordinate with relevant government agencies, including the Department of
Environment and Natural Resources, to ensure that the agencies’ respective
standards complement each other when taken as part of a larger whole,

31)In coordination with other relevant agencies, ascertain that all plans and project
implementation designs are consistent with current standards and guidelines,

») Provide the works supervision function for al! public works construction and ensure
that actual construction is done in accordance with approved government plans and
specifications;

33) Assist other government agencies, including LCDs, in determining the most
suitable entity to undertake the actual construction of water, irrigation, sewage, and
sanitation projects;

34) Maintain and cause to be maintained all flood control, water resource development
systems, irrigation systems, and other public works throughout the country except
those that are the responsibility of other agencies as directed by the President of the
Philippines or as provided by law;

35) Provide integrated planning for flood control, flood risk management and water
resource development and management systems, other public works,

36) Issue and promulgate rules, regulations, and guidelines as may be necessary to
implement and enforce its powers and functions under this Act,

37) Determine and require the monitoring and submission of such data, statistics, and
other information as may be necessary for the effective and efficient exercise of its
duties, functions, powers and responsibilities;

38) Respond to consumer complaints and ensure the adequate promotion of consumer
interests,

39)Deputize agents, whether from the public or private sector, to assist in the
performance of any of the powers and functions of the Department;

40) Appoint, hire. and maintain adequate staff and personnel, advisers, and/or
consultants, with suitable qualifications and experience, as necessary:

41) Manage funds coursed through it under the General Appropriations Act intended as
financial assistance to Local Water Districts (LWDs) or LGUs for the development
and/or improvement of water supply and sanitation facilities,

42)Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country's water, irrigation, sewaye, and
sanitation resources;

43) Exercise such other incidental powers and functions as may be necessary to attain
the objectives of this Act:

44) Carry such other functions as the President may from time to time assign to the
Department consistent with the aims and provisions of this Act; and

45) Promulgate rules on prohibited acts and impose the appropriate penalties thereto.



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SEC. 6. Barangay Water Harvesting. The duties under Republic Act No. 6716 or the
Act Providing for the Construction of Water Wells, Rainwater Collectors, Development of
Springs and Rehabilitation of Existing Water Wells in All Barangays in the Philippines of 1989
shall be transferred from the Department of Public Works and Highways to the Department
who shall consult with the respective LGUs for implementation. The Department shall. within
two (2) years after the approval of this Act and every year thereafter, submit periodic reports
to the respective Committees on Local Government of both Houses of the Congress of the
Philippines for evaluation and consideration

SEC. 7. Rainwater Harvesting Facility Requirement. An owner or developer of a new
commercial, institutional, and residential development project anywhere in the Philippines
with a land area of at least two thousand (2,000) square meters and requiring the issuance of a
building permit, shall reserve, develop, and maintain at least three percent of the total area,
exclusive of roads, service streets, and alleys as a rainwater harvesting facility. The Housing
and Land Use Regulatory Board (HLURB) and the LGUs shall require and ensure compliance
with this provision and shall deny requests for permits concerning the construction project until
this provision is complied with. The design and specifications for the rainwater harvesting
facility shall be prescribed by the Department, Projects still under construction of sixty (60)
days following the effectivity of this Act shall be covered by this provision and shall comply
within three (3) years from the effectivity of this Act.

Violators of this provision shall suffer the penalty of an administrative fine of not less
than Five hundred thousand (Php 500,000) but not more than Two million pesos (Php
2,000,000) for every year of non-compliance.

SEC. 8. Unlawful Acts. A person is guilty of unlawful defilement of water when he
intentionally or with reckless imprudence, introduces, places, or causes to be introduced or
placed into a water supply, a defiling agent with the intent to cause sickness, physical injury,
severe disfigurement or death of another human being, or with intent to cause irreparable harm
to such water supply or to disturb the public peace

Violators of this provision shall suffer a penalty of imprisonment of not less than five
(5) years but not more than thirty (30) years, a fine of not less than Five hundred thousand
pesos (Php 500,000) but not more than Ten million pesos (Php 10,000,000) or both at the
discretion of the courts

SEC. 9. Special Fund. Fines collected from violators under Sec. 7 of this Act shall be
placed in a special fund and allocated to the Department for the implementation of Sec. 6 of
this Act.

SEC. 10. Secretary of the Department of Water Resources Management. The
authority and responsibility for the exercise of the mandate of the Department and for the
discharge of its powers and functions shall be vested in the Secretary of the Department of
Water Resources Management, hereinafter referred to as the Secretary, who shall have
supervision and control over the Department and shall be appointed by the President. For such
purposes, the Secretary shail

(a) Advise the President on the promulgation of executive or administrative orders,

regulations, proclamations, and other issuances related to matters under the
jurisdiction of the Department;

(b) Establish the policies and standards for the operation of the Department pursuant

to the President's guidelines,

(c) Promulgate rules and regulations necessary to carry out Department objectives,

policies, and functions:


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(d) Exercise supervision and control over ail Bureaus and Offices under the
Department;

(e) Supervise all attached agencies and corporations in accordance with law;

(1) As deemed appropriate by the Secretary, delegate authority for the performance of
any power or function, as defined herein or as delegated by the President, to officers
and employees under his direction, and

(g) Perform such other duties and responsibilities as may be provided by law

SEC. 11. Office of the Secretary. The Office of the Secretary shall be composed of the
Secretary and his immediate staff.

SEC. 12. Undersecretaries. ‘The Secretary shall be assisted by not more than five (5)
Undersceretaries, who shall be appointed by the President upon the recommendation of the
Secretary. as follows

1) One for the Finance Service:

2) One for the Administrative Service;

3) One for the Planning and Engineering Services,

4) One for the Regulatory and Financial Assistance Services: and

5) One for the Operations

Within her/his functional area of responsi
following functions

ity, an Undersecretary shall have the

(a) Advise and assist the Secretary in the formulation and implementation of
Department policies, plans, programs, and projects;

(b) Supervise ali the operational activities of the units assigned to her/him, for which
she/he is responsible to the Secretary: and

(c) Perform such other duties and responsibilities as may be assigned or delegated by
the Secretary to promote efficiency and effectiveness in the delivery of public
services or as may be required by law.

SEC. 13. Assistant Secretaries. ‘The Secretary shall also be assisted by one Assistant
Secretary for Internal Audit and the five (5) Undersecretaries shall each be assisted by not more
than three (3) Assistant Secretaries likewise appointed by the President of the Philippines upon
the recommendation of the Secretary

SEC. 14. Organizational Structure. The Department shall be composed of the
following organization units:

{a) Department Proper consisting of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, the Intemal Audit, Finance Service.
Administrative Service, Planning and Engineering Services, Regulatory and
Financial Assistance Services, and Operations, and

(b) Regional Offices, as deemed appropriate and necessary by the Secretary, taking
into consideration the existing water resources regions. river basins, and catchment
basins of the country

SEC. 15. Internal Audit, The Internal Audit is hereby created for the purpose of
conducting comprehensive audit of various Department activities and shall have the following
specific functions:

(a) Advise the Secretary on all matters relating to management control and operations
audit;

(b) Conduct management and operations performance audit of Department activities
and units and determine as to compliance with established objectives, policies,


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methods and procedures, government regulations, and contractual obligations of
the Department,

(c) Review and appraise systems and procedures, organizational structure, assets
management practices, accounting, and other records, reports, and performance
standards of the Department of Proper and Regional Offices:

(d) Analyze and evaluate management deficiencies and assist top management to solve
problems by recommending realistic courses of action, and

(e) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law

SEC. 16. Finance Service. The Finance Services is hereby created to provide the
Department with coordinated services relating to financial systems and procedures. budget,
cash, accounting, and all financial matters not falling under other Services. For such purposes,
it shall have the following functions:

(a) Advise the Secretary on all matters relating to the accounting of government
expenditures and receipts, budgeting and cash management, project finances, and
financial systems and procedures,

(b) Prepare budyet proposals and pursue formal budget authorizations, undertake
budget execution, and prepare and submit all appropriate reports to the proper
offices;

(c) Develop and maintain accounting, financial, and assets management systems,
procedures, and practices in the Department Proper and Regional Offices in
accordance with the existing government accounting and auditing rules and
regulations,

(d) Provide assistance in its area of specialization to any unit of the Department and,
when requested, to government corporations, councils, and boards attached to the
Department; and

(e) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law

SEC. 17. Administrative Service. The Administrative Service is hereby created to
provide the Department with services relating to human resources development, personnel
records, facilities maintenance, medical and dental, gender and development (GAD). security,
property. and procurement services. For such purposes, it shall have the following functions

(a) Advise the Sceretary on all matters relating to internal administration and human
resources management;

(b) Prepare and implement an integrated personnel plan that shall include provisions
on merit promotion, performance evaluation, job rotation, suggestions and
incentive awards systems, and health and welfare services,

(c) Provide services related to human resource training, education, and development,
including manpower, carcer planning and forecasting and development of
indigenous training materials:

(d) Prepare and/or Implement Department GAD plans and budgets and GAD
accomplishment reports;

(e) Develop, establish, and maintain an efficient and cost-effective property
procurement system and facilities and coordinate or otherwise interface with
relevant agencies, whether government or private, for the purpose of developing or
upgrading the system;

(f) Secure and maintain necessary Department facilities. and develop, establish and
maintain an efficient and effective security system covering, among others,


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personnel. physical installations, equipment, documents, and materials, including
the conduct of security investigations:

(g) Coordinate with the appropriate government agencies for a more efficient conduct
of administrative processes,

(h) Develop, establish and maintain an efficient record system:

(i) Provide assistance in its area of specialization to the Department Proper and
Regional Offices and, when requested, the government agencies and corporations
attached to the Department, and

@ Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law

SEC. 18, Planning and Engineering Servicey. The Planning and Engineering Services
is hereby created to provide the Department with the capability to undertake infrastructure
development planning, programming, and implementation. For this purpose, it shall have the
following functions

(a) Advise the Secretary on all matters relating to infrastructure planning and
implementation,

(b) Formulate strategies and priorities for infrastructure development consistent with
national development objectives and initiate or undertake relevant surveys for
development planning:

(c) Formulate and implement long-range, medium-term and annual development plans
and programs for infrastructure, including flood control, water resource
development systems, and other public works projects, including phasing of
implementation and review and integrate land use plans with such water
development plans;

(d) Identify and implement priority packages for infrastructure development, including
flood control, water resource development systems, and other public works
projects, and undertake or supervise and evaluate the conduct of feasibility studies
and project preparation and implementation thereof’

(c) Prioritize project implementation and the allocation of funds and other resources
and package project proposals for funding and implementation;

(f) Evaluate and appraise all regional and interregional infrastructure development
plans and programs as to their feasibility and consistency with approved strategies
and Jong and medium-term plans;

(g) Initiate regular Department-wide planning exercises and act as the scerctariat
thereof;

(h) Gather, anaiyze, and organize needed statistical data and information;

(i) Provide technical assistance related to its functions to the other Services and
Regional Offices as needed; and

G) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law:

SEC. 19, Regulatory and Financial Assistance Services. The Regulatory and Financial
Assistance Services is hereby created to provide the Department with services on all legal
affairs, compliance of attached government corporations, LWDs, Rural Waterworks and
Sanitation Association (RWSAS), cooperatives, and other associations, including private
entities under contractual or concession arrangement with them, and other private water service
providers on the established standards, rules and regulations relating to: water quality,
infrastructure and facilities design and construction, equipment, materials and supplies,
operations and maintenance, personnel, organization, accounting, tariffs, and other matters
subject to regulation. It shall also provide the Department services on the management of the



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financial assistance available and granted to LWDs and RWSAS. For this purpose, it shall have
the following functions:

(a) Advise the Secretary on all matters relating to legal affairs and regulation of the
operation of the attached corporations, LWDs, RWSAs, cooperatives and other
associations:

(b) Provide legal assistance to the Department proper and Regional Offices and, when
requested, the attached corporations and boards:

(c) Prepare Department contracts and legal instruments, review of administrative
charges against officers and employees of the Department, members of the top
management of the attached corporations and boards,

(d) Conduct administrative investigation as well as the review of administrative
charges against officers and employees of the Department, members of the top
management of the attached corporations and boards,

(e) Exercise functional jurisdiction over the legal staffs of Regional Offices;

(f) Establish standards for: water quality, design and construction of facilities,
optimum selection of equipment, materials and supplies, procedures for operations
and maintenance of water and sewer equipment and fac 1s of personnel,
organization, uniform accounting system, and tariffs,

(g) Review all water rates or charges:

(h) Manage the financial assistance available and granted to LWDs, RWSASs, and other
qualified water utilities,

(i) Maintain a databank for water quantity and quality of all water resources, including
ground water and or surface water resources being used by water utilities, power
utilities, sewage facilities, sanitation facilities, and irrigation cooperatives and
organizations and a databank for relevant information of all these organizations as
well

SEC. 20. Operations. The Operations is hereby created to provide the Department
through Regional Offices with the capability to plan, design, and implement projects for water
resource development systems, irrigation, flood control, and other public works in different
regions of the country. For this purpose, it shall have the following functions

(a) Undertake and evaluate the planning, design, construction, and works supervision
functions of the Department for the abovementioned infrastructure within the
region,

(b) Undertake the maintenance of the abovementioned infrastructure within the region
and supervise the maintenance of such local infrastructure receiving national
government financial assistance as the Secretary may determine;

(c) Ensure the implementation of iaws, policies, programs, rules and regulations
regarding the abovementioned infrastructure as well as public and private physical
structures,

(d) Provide technical assistance related to their functions to other agencies within the
region:

(e) Coordinate with other departments, agencies, institutions, and organizations within
the region, in the planning and implementation of infrastructure projects,

(f) Conduct continuing consultations with the local communities, take appropriate
measures to make the services of the Department responsive to the needs of the
general public, compile and submit such information to the central office, and
recommend such appropriate actions as may be necessary; and

(g) Perform such other related duties and responsibilities as may be assigned or
delegated by the Secretary or as may be required by law

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SEC. 21, Regional Director. Each Regional Office shall be headed by a Regional
Director who shall be responsible for efficiently and effectively carrying out the duties and
responsibilities of the Regional Office. The Regional Director shall also perform such other
related duties and responsibilities as may be assigned or delegated by the Secretary or as may
be required by law

The Regional Director shail be assisted by two (2) Assistant Regional Directors who
shall exercise supervision respectively over (1) the planning, project design, evaluation, and
technical assistance functions of the Regional Office, and (2) the construction, maintenance,

and works supervision functions in the region

CHAPTER IID
TRANSITORY PROVISIONS

SEC, 22. Interface with Other Sector Regulators. The Department is mandated to
coordinate with the different sector regulators as follows:

(a) The Department of Environment and Natural Resources (DENR) shall continue to
have the primary authority and responsibility for protecting the environment and
for the conservation of water and related natural resources, including protecting
‘water bodies from waste and pollution and shall promulgate rules, regulations, and
standards in this regard. The Department shail coordinate with the DENR with
respect to the conservation of water resources, protection from sewage and septave
waste, and restoration from environment damage.

(b) The Department of Health (DOH) shall have primary authority and responsibility
for determining and enforcing drinking water quality and sanitation standards.
‘The Department shail coordinate with the DOH to achieve an integrated approach
for sanitation, including toilets, collection, treatment, and evaluation of
wastewater

(c) The Department shall subsume responsibility from the Department of Public
Works and Highways (DPWH) for wholly or primarily water related public works
projects including flood control, water resources development, sewerage,
sanitation, and the harnessing and impounding of water. The Secretaries of each
department shall coordinate on the development of evaluation criteria, as
necessary, to determine proper allocation of public works projects between the two
departments,

(d) The Department shall absorb the responsibility trom the Department of Interior and
Local Goverment (DILG) on the management and operation of water supply
systems of local government units.

SEC. 23. Transfer of Rights and Obligations. The Department shall, by virtue of this
Act, be subrogated to all the rights and assume all the obligations of the relevant parts of any
government agency or unit whose powers and duties have been transferred to the Department,
including the DPWH, National Irrigation Administration (NIA), National Water Resources
Board (NWRB), Metropolitan Waterworks and Sewerage System (MWSS), River Basin
Control Office, Manila Bay Coordinating Office, Local Water Utilities Administration
{LWUA), Metro Manila Development Authority (MMDA), DENR, DILG, Laguna Lake
Development Authority (LLDA), Pasig River Rehabilitation Commission, the Water
Resources Regional Offices, and all other offices whose powers are transferred by this Act

The transfer of powers and functions in Sec. 18 above, as applicable, and agencies
attached thereto, as herein provided for, shail take effect within one hundred eighty (180) days

a



afier the effectivity of this Act. The foregoing transfer of powers and functions shall include
all applicable funds, personnel, records, property, and equipment, as may be necessary. All
offices shall continue to function under their present mandates until transition is effected as
provided for under this Act.

All rights and obligations of said government agencies are hereby transferred to and
assumed by the Department and shall be acted upon in accordance with the rules and
regulations of the Commission on Audit and other pertinent laws, rules, and regulations

SEC. 24. Separation from Service. Employees separated from government service, as
a result of this Act, shall be entitled to the benefits that they may receive under existing laws,
rules, and regulations.

SEC. 25. Appropriation. The sum of Two billion pesos (Php 2,000,000,000) shall be
set aside from any available funds of the National Treasury and is hereby appropriated and
authorized to be released, for the organization of the Department and its initial operations.

Thereafter, funds sufficient to fully carry out the objectives, powers, and functions of
the Department shall be appropriated every fiscal year in the General Appropriations Act.

The Department shall submit its annual budget, which shall include, among others,
detailed information on the compensation and benefits received by their employees to the
Office of the President for approval

SEC. 26, Implementing Rules and Regulations. Within one hundred eighty (180) days
after its organization as provided under Sec. 4 of this Act, the Department, in consultation with
the concerned government agencies, shall promulgate the necessary rules and regulations for
the implementation of this Act. The implementing rules and regulations shall only take effect
15 days following its publication in the Oficial Gazette or at least one (1) newspaper of general
circulation

SEC. 27. Separability Clause. any provision of this Act, or parts thereof, is declared
unconstitutional, the same shall not affect the validity and effectivity of the other portions

SEC. 28. Repealing Clause. All laws, executive orders, presidential decrees, and
implementing rules and regulations inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 29. Effectivity. This Act shall take effect fificen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation

Approved,

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