RECEIVED
30 JUL 2

Quezon City
TWENTIETH CONGRESS
First Regular Session

2663

Introduced by:
HON. KING GEORGE LEANDRO ANTONIO V. COLLANTES

EXPLANATORY NOTE

This bill seeks for the sustainable and viable development of the Taal Lake
Area, more specifically the Taal Volcano Island, Taal Lake and its
tributaries, through the creation of the Taal Lake Development Authority
(TLDA).

The perennial onslaught on the ecological balance of the Taal Lake needs
immediate response. There is a real need to protect and conserve the
ecological, biological, scientific, educational and recreational features of the
area. There is indeed a need to prevent the undue ecological disturbances,
deterioration and pollution of the area.

Most importantly, there is now a need to establish a national entity that shall
oversee, address, protect and develop the Taal Lake Area particularly on
matters of environmental protection, poverty alleviation, local autonomy ,
eco-tourism and sustainable growth.

The Taal Lake Development Authority shall likewise undertake measures to
conserve the natural resources and promote the accelerated
socio-economic development of the area, as well as to formulate plans,
programs and projects and ensure their implementation. The Authority
shall effect the preservation of the natural beauty of the environment,
the development of the area as an eco-tourism zone and the
implementation of programs and projects that would generate local
economies and livelihood development for its stakeholders.

The Taal Lake has a distinct and unique environment and ecosystem. It is
now imperative to truly and urgently protect, conserve, promote and


oversee it, so that it can remain one of the country's “crown jewels" for the
enduring benefits and pleasure of the Filipino people and tourist alike.

In view of the foregoing, the immediate approval of this,bill is earnestly

sought. 7 Zz SLE

KING GEQ@RGE Leaforo ANTONIO V,
epresentative, 3rd District, Bafangas



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH CONGRESS
First Regular Session

2663

HOUSE BILL NO.

Introduced by: HON. KING GEORGE LEANDRO ANTONIO V. COLLANTES

AN ACT
CREATING THE TAAL LAKE DEVELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS, FUNCTIONS AND DUTIES, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER |
TITLE

SECTION 1. Title - This Act shall be officially known as TAAL LAKE
DEVELOPMENT AUTHORITY (TLDA) Act of 2019.

CHAPTER If
DECLARATION OF POLICY

SECTION 2. Declaration of Policy - It is hereby declared to be the
national policy to promote and accelerate the development and balanced
growth of the Taal Lake area within the context of he national and regional
plans and policies for social and economic development and to c out the
development of the Taal Lake area with due regard for environmental
management and control, preservation of the quality of human life and
ecological systems, formulation of programs that will ensure food security,
promotion of eco-tourism and the prevention of undue ecological
disturbances, deterioration and pollution.

CHAPTER III


DEFINITION OF TERMS
SECTION 3. Definition of Terms -

1. Act - Whenever used in this Act shall refer to the enabling Act
creating the Taal Lake Development Authority (TLDA);

2. Authority - Whenever cited in this Act shall mean the Taal Lake
Development Authority;

3. Council - shall always refer to the Taal Lake Development Council,
the governing board of the Taal Lake Development Authority;

4. Area - means the Taal Lake Area that is defined by Section 7 of this
Act.

CHAPTER IV
CREATION OF AUTHORITY

SECTION 4. - Taal Lake Development Authority created - To carry
out the provisions of this Act , there is hereby created the Taal Lake
Development Authority, which shall be organized within one hundred twenty
(120) days after the approval of this Act. The Authority shall execute the
powers and functions herein vested and conferred upon it in such a manner
as will, in its judgment, aid to the fullest possible extent in carrying out the
aims and purposes set forth below, without diminution of the autonomy of
the government units concerning purely local matters.

Taal Lake Development Authority shall be placed under the Office of the
President.

SECTION 5. - Location of the Principal Office - The Authority shall
maintain its principal office at a convenient place within or near the area,
but it may have branch offices in such other places as are necessary for the
conduct of its operation.

CHAPTER V
WATER RIGHTS
TION 6. - Water rights over Taal Lake and its tributaries. - To effectively
regulate and monitor activities in the Taal Lake area and to carry out the
Authority's plans, programs and projects, the Authority shall have exclusive
jurisdiction and water rights over Taal Lake and its tributaries.
CHAPTER VI

SCOPE


SECTION 7. Taal Lake Area: scope - The Taal Lake Area settlement
are the cities and Lipa and the municipalities of Agoncillo, Alitagtag, Balete,
Cuenca, Laurel, Malvar, Mataas na Kahoy, San Nicolas, Sta. Teresita, Sto.
Tomas, Talisay and Taal, all in the Province of Batangas. This also
specifically includes the Taal Volcano Island, Taal Lake and its tributaries.

CHAPTER VII
ECO-TOURISM AND AQUACULTURE ZONE

SECTION 8.- Taal Lake Area: an eco-tourism and aquaculture zone -
The Taal Lake Area shall be declared an eco-tourism and aquaculture zone
and as such shall be accorded priority development by government
agencies and instrumentalities and the local government units comprising
therewith.

CHAPTER VII
POWERS AND FUNCTIONS OF THE AUTHORITY

SECTION 9. - Powers and functions of the Authority - The Authority shall
have the following powers and functions:

a. To make a comprehensive survey of the physical and natural
resources and potentialities of the Taal Lake Area particularly its
social and economic conditions, hydrological characteristics, power
potentials, development of scenic and tourists spots, conservation of
water resources and such other matters, and on the basis thereof, to
draft a comprehensive and detailed plan designed to conserve and
utilize optimally the resources within the area, to promote its rapid
social and economic development and upon approval by the National
Economic Development Authority (NEDA) Board of such plan, to
implement the same including projects in line with the said plan:
Provided, That implementation of all fisheries plans and programs of
the Authority shall require prior consensus of the Bureau of Fisheries
and Aquatic Resources (BFAR) to ensure that such plans and
programs are consistent with the national fisheries plans and
programs. For the purpose of the said survey, public agencies shall
submit and private entities shall provide necessary data.

The guidelines for the comprehensive and detailed plans are based on
the following:

4. Preservation of the area's natural beauty, protection of its
ecological balance and enhancement of its environment;

2. Maximum enjoyment and easy access by ordinary people to
public areas;


3. Rational land-use and zoning plan considering that Taal Volcano
Island in particular is a national asset, being a tourist destination
of Filipinos from all parts of the country as well as foreign visitors;

4. Prohibition/contro! of unusually tall, unstable and obstructive
structures obscuring public view of the natural beauty of the
surroundings in accordance with the zoning ordinances of the
local government units concerned and subject to pertinent laws,
rules and regulations on the matter;

b. To provide the machinery for extending the necessary planning,
management and technical assistance to prospective and existing
investors in the area;

c. To make recommendations to the proper agencies on the technical
support, physical assistance and, generally, the level of priority to be
accorded agricultural, industrial and commercial projects, soliciting or
requiring direct help from or through the government or any its
instrumentalities;

d. To pass upon and approve or disapprove all plans, programs, and
projects proposed by the local government offices/agencies within the
area, public corporations, and private persons or enterprises where
such plans, programs, and/or projects are related to those of the
Authority for the development and protection of the area as
envisioned in this Act. The Authority shall issue the necessary
clearances for approved proposed plans, programs and projects
within thirty (30) days from submission thereof unless the proposals
are not in consonance with those of the Authority or that will
contribute to the unmanageable pollution of the Taal Lake waters or
will bring about the ecological imbalance of the area: Provided,
further, That the Authority is hereby empowered to institute necessary
legal proceedings against any person who shall commence to
implement or continue the implementation of any project, plan or
program within the Taal Lake area without previous clearance from
the Authority: Provided, furthermore, That any local government
office, agency, public corporation, private person, or enterprise whose
plans, programs and/or projects have been disapproved by the
Authority may appeal the decision of the Authority to the Office of the
President within fifteen (15) days from receipt of such disapproval
whose decision on the matter shall be final. Reasonable processing
fees as may be fixed by the Authority's Council shall be collected by
the Authority for the processing of such plans, programs, and/or
projects: Provided, finally, That expansion plans shall be considered
as new plans subject to review of the Authority and to the payment of
the processing fees.

The Authority and national and local government offices, agencies
and public corporation shall coordinate their plans, programs, projects and


licensing procedures with respect to aal Lake Area for the purpose of
drawing up a Taal Lake Development Plan which shall be bi ding upon all
parties concerned upon approval of the NEDA Board;

e. To plan program, finance and/or undertake infrastructure projects
such as river, flood and tidal control works, waste water and
sewerage works, water supply, roads, port works, irrigation,
communications, housing and related works, when so required within
the context of its development plans, and programs including the
readjustment, relocation or resettlement of the population within the
area as may deemed necessary and beneficial by the Authority;
Provided, That should any project be financed wholly or in part by the
Authority, it is hereby authorized to collect reasonable fees and tolls
as may be fixed by its Council subject to the approval of the Office of
the President from users and/or beneficiaries thereof to recover cost
of construction, operation and maintenance of the projects: Provided,
further, That if the Authority should find it necessary to undertake
such infrastructure projects which are classified, as social overhead
capital projects as determined by the NEDA, the Authority shall be
authorized to receive financial assistance from the government in
such amounts as may be necessary to carry out the said project
subject to such terms and conditions that may be imposed by the
government, upon the recommendation of the NEDA Board:
Provided, finally, That such amount as may be necessary for the
purpose is hereby authorized to be appropriated out of the funds of
the National Treasury not otherwise appropriated;

f. To conduct studies and make experiments on fish production and
aquaculture, whenever necessary, with the collaboration and
assistance of the Bureau of Fisheries and Aquatic Resources, with
the end-view of improving present techniques and practices;

. For the purpose of effectively regulating and monitoring activities in
Taal Lake and its tributaries, the Authority shall have exclusive
jurisdiction to issue new permit for the use of the lake waters and its
tributaries for any project or activities in or affecting the said lake
including navigation, construction, and operation of fish cages, fish
enclosures, fish corrals and the like, and to impose necessary fees
for said activities and projects: Provided, That the fees collected for
fisheries may be shared between the Authority and other government
agencies and political sub divisions in such proportion as may be
determined by the President of the Philippines upon recommendation
of the Authority’ s Council: Provided, further, That the Authority's
Council may determine new areas of fishery development or activities
which it may place under the supervision of the Bureau of Fisheries
and Aquatic Resources taking into account the overall development
plans and programs of the Taal Lake Area: Provided, finally, That the
Authority shall subject to the approval of the President of the
Philippines, promulgate such rules and regulations which shall govern

a


3

fisheries development activities in the Taal Lake and its tributaries
which shall take into consideration among others the following: socio
economic amelioration of bonafide resident fishermen whether
individually or collectively in the form of cooperatives, lakeshore town
development, a master plan for fish cage construction and operation,
communal fishing ground for lakeshore town residents in hiring
labourers for fishery projects;

. To propose to cities and municipalities embraced within the area to

pass appropriate zoning ordinances and other regulatory measures
necessary to carry out the objectives of the Authority and enforce the
same with the assistance of the Authority;

|. To act in coordination with existing governmental agencies in

establishing water quality standards for industrial, agricultural and
municipal waste discharges into the lake and its tributaries and to
cooperate with said existing agencies of government in enforcing
such standards, or to separately pursue enforcement and penalty
actions as provided for in Section 9(d) and Section 23 of this Act
Provided, That in case of conflict on the appropriate water quality
standard to be enforced such conflict shall be resolved through the
Office of the President;

. To establish an emergency plan, policies, strategies and disaster

preparedness activities , in cooperation with the Philippine Institute of
Volcanology and Seismology and the National Disaster Coordinating
Council;

. To undertake studies on the improvement and maintenance of the

desirable water quality of Taal Lake and its tributaries, and in
pursuance thereof, to prepare a water quality management program
‘on a continuing basis, which the Authority shall carry out with the
assistance and support of all national and local government units
involved in water quality management,

. To issue standards, rules and regulations to govern the approval of

plans and specifications for sewerage and industrial waste disposal
systems and the issuance of permits; and inspect the construction
and maintenance of sewage works and industrial waste disposal
systems for compliance to plans;

To adopt, prescribe and promulgate the rules and regulations

governing the procedures of the Authority with respect to hearings,
plans, specifications, designs and other data for sewerage system
and industrial waste disposal system, the filing of reports and the
issuance of permits;

. To issue, renew or deny permits, under such conditions as it may

determine to be reasonable, for the prevention and abatement of


pollution for the discharge of sewage system, industrial waste, and for
the installation or operation of sewerage and industrial disposal
system or parts thereof; Provided, That the Authority, by rules and
regulations, may require subdivisions, condominiums, hospitals,
public buildings and other similar human settlement to put up
appropriate central sewerage system and sewage treatment works,
except that no permits shall be required of any new sewerage system
or changes to or extensions of existing sewerage system that
discharge only domestic or sanitary wastes from a single residential
building provided with septic tanks or their equivalent. The Authority
may impose reasonable fees and charges for the issuance or renewal
of all permits herein required;

©. After due notice and hearing, the Authority may also revoke, suspend
or modify any permit issued under this Act whenever the same is
necessary to prevent or abate pollution;

P

. To deputize in writing or request assistance of appropriate
government agencies or instrumentalities for the purpose of enforcing
this Act and its implementing rules and regulations and the order and
decisions of the Authority;

q. To authorize its representatives to enter at all reasonable times any
property of the public dominion and private property devoted to
industrial, manufacturing, processing or commercial use without
doing damage, for the purpose of inspecting and investigating
conditions relating to pollution or possible imminent pollution;

rt. To enter into contracts, memoranda, agreements and other
cooperative arrangements with public and private entities, whether
here or abroad for purposes of carrying out the provisions of this Act;

s. To accept donations, contributions, grants, bequests or gifts in cash
or in kind from various sources, domestic or foreign in consonance
with existing laws and regulations. The cash donations shall not be
used to fund the personal services requirement of the Authority;

t. To perform other related functions as deemed necessary to achieve
the objectives of the authority.

SECTION 10. - Damages to the water and aquatic resources. -
Compensation for the water and aquatic resources of Taal Lake and its
tributaries resulting from failure to meet established water and effluent
quality standards or from such other wrongful act or omission of a person,
private or public, juridical or otherwise, punishable under the law shall be
awarded to the Authority to be earmarked for water quality control and
management.


SECTION 11. - Collection of fees.- The Authority is hereby
empowered to collect fees for the use of the lake waters and its tributaries
for all beneficial purposes including but not limited to recreation, municipal,
industrial, agricultural, fisheries, navigation, irrigation and waste disposal
purposes: Provided, That the rates of the fees to be collected, and the
sharing with other government agencies and political subdivisions, if
necessary, shall be subject to the approval of the President of the
Philippines upon the recommendation of the Taal Lake Developm nt
Council, except fish cage fees, which will be shared in the following
manner, 50 percent of the fish cage fees go to the lakeshore local
governments and the remaining 50 percent shall be retained to the
Authority; Provided, however, that the share of the Authority shall form part
of its special Fund and shall not be remitted to the National Treasury.

CHAPTER IX
SOURCES OF FUNDS

SECTION 12. -Sources of Funds and the Operating Budget of the
Authority.

a. To carry out the purposes of this Act, the amount of One Hundred
Million Pesos (Php 100,000,000.00) is hereby authorized to be
appropriated for the initial operation of the Authority. Thereafter, the
annual expenditures including capital outlay of the Authority shall be
provided in the General Appropriations Act.

b. The Authority is likewise empowered to levy fines and impose fees
and charges for various services rendered.

SECTION 13. - Special Fund. - Notwithstanding any provisions of
law, rules and regulation , executive and administrative order to the
contrary, there is hereby established a Special F d, sourced from various
fees and charges levied by the Authority. The Special Fund shal be
administered by the Taal Lake Development Council and shall be at the
immediate disposal of the Council to be used exclusively to augment
deficiencies in the annual appropria3ons of the Authority, for operational
and administrative expenses, and for repair and acquisitiolof necessary
facilities and equipments.

CHAPTER X
MANAGEMENT AND PERSONNEL
SECTION 14. - Taal Lake Development Council. - The governing
board and policymaking body of the Authority shall be the Taal Lake
Development Council, which shall be compo d of the following, to wit;

1. Chairman, Taal Lake Development Authority


2. Secretary, National Economic Development Authority

3. Secretary, Department of Environment and Natural Resources

4. Secretary, Department of Tourism

5. Secretary, Department of Tourism Department of Agriculture

6. Secretary, Department of Trade and Industry

7. Secretary, Department of Public Works and Highways

8. Secretary, Department of Transportation and Communication

9. Secretary, Department of National Defense and Chairman, National
Disaster and Coordinating Council

10. Head, Presidential Management Staff

11. Executive Director, PHIVOLCS

12. General Manager, Philippine Tourism Authority

13. President of the Mayors League

14. Representative, Aquaculture Investors

15. Representative, Tourism and Land Developers Sector

16. Representative, Agricultural Sector

17. Representative, Small Fisher Folks

The representatives from the sectors of aquaculture investors,
tourism and land developers and agriculture as well as the representative
from the small fisher folk shall be appointed by the President of the
Philippines upon the recommendation of their respective
sectors/associations.

The officials designated by the above-mentioned officials shall attend
meetings of the Council in the absence of their principal and receive the
corresponding per diems.

A Chairman, who shall be appointed by the President of the
Philippines and shall have a term of ce of three (3) years.

SECTION 15. - Chairman.- The Chairman shall be the Chief
Executive Officer of the Authority nd shall exercise overall administrative
supervision to ensure the effective and efficient i plementation of the
policies laid down by the Authority. The Chairman shall have the rank d
salary of an Undersecretary of a Department as provided for in the Salary
Standardiz tion Law.

SECTION 16. - Powers and functions of the Chairman. - The
Chairman shall have the following powers and duties:

a. Submit for consideration of the Council the policies and measures
which he/she believes to be necessary to carry out the purposes and
provisions of this Act;

b. Execute and administer the policies, plans, programs and projects
approved by the Council;


c. Direct and supervise the operation and internal administration of the
Authority. He/she may delegate some of his/her administrative
responsibilities to other officers of the Authority subject to the rules
and regulations of the Council;

d. Appoint all subordinate officers and employees who shall enjoy
security of tenure and may be removed for cause in accordance with
law. He/she may engage the services of experts/consultants either on
full time or part-time basis, as may be required in the performance of
his/her functions and duties;

e. Submit quarterly reports to the Council on personne! selection,
placement and training and exercise the power of to discipline
subordinate officials and employee under the provisions of law;

f. Submit to the Office of the President an annual report and such other
reports as may required, including the details of the annual and
supplemental budgets of the Authority; and

g. Perform such other functions as may be provided by law.

SECTION 17. - Quorum. - A majority of the members of the
Council shall constitute a quorum or the conduct of business.

SECTION 18. - Council Meetings. - The Council shall meet at least
once a month. The Council shall be convened by the Chairman or upon
written request signed by the majority of the members.

SECTION 19. - Per diems and allowances. - The members of the
Council shall receive for every meeting attended a per diem to be
determined by the Council: Provided, That in no case will the total amount
received by each exceed the sum of Two Thousand Pesos (Php
2,000.00) for any one month. Members of the Council shall be entitled
to commutable on and representation allowance in the performance of
official functions for the Authority as authorized by the Council the
aggregate amount of which shall not exceed Two Thousand Pesos (Php
2,000.00) for any one-month.

SECTION 20. - Powers and functions of the Council.-

a. It shall formulate, prescribe, amend and repeal rules and regulations
that govern the conduct of business of the Authority;

b. It shall approve plans, programs and projects deemed necessary to
carry out the provisions of this Act.

¢. It shall appoint and approve all officials from the rank of General
Manager down to division heads, and others of comparable rank;


d. It may increase the rate of allowances and per diems of the members
of the Council during the term of the succeeding Council. It shall fix
the compensation of the officers and members of the Authority;

e. It shall approve the annual and/or supplemental budget of the
Authority, and

f. It shall perform such other acts and perform such other functions as
may be necessary to carry out the provisions of this Act.

SECTION 21. - Plans to be formulated within one year. - Upon its
organization, the Council shall formulate and report to the Office of the
President with the utmost expeditious manner, but in no case longer than
‘one year, its plans and recommendations for the accelerated , balanced
and sustainable development of the Area in accordance with the aims and
purposes of this Act.

SECTION 22. - Activities of the Authority: Key Officials. - In carrying out the
activities of the Authority, the Chairman shall be assisted by a General
Manager who shall have following owers, duties and functions:

a. Assist the Chairman in the administration of the Authority and
supervision of subordinate personnel;

b. Assist the Chairman in the suspension of the operation of the various
operating centers and units of the Authority;

c. Assist the Chairman in the review of plans and programs of the
Authority; and

d. Perform such other duties and functions as may be lawfully delegated
or assigned by the Chairman from time to time.

The Council upon the recommendation of the Chairman shall appoint
the General Manager.

The Authority shall have the following departments under the direct
supervision and he Chairman;

a. Administrative Department which shall be responsible for providing
services related to personnel training, information technology,
records, supplies, general services, equipment and security;

b. A Legal Department, to be headed by a Legal Counsel, a member of
the Philippine Bar, shall represent the Authority in legal actions and
proceedings. This department shall be responsible for providing staff
advice and assistance on legal matters;


c. A Finance Department which shall be responsible for providing staff
advice and assistance on budgetary and financial matters, and
safekeeping of corporate assets;

d. A Project Management Department which shall be responsible for the
operation, for providing services relating to planning, programming,
statistics and project development;

e. A Planning and Project Development Department which shall be
responsible for providing services relating to planning, programming,
statistics and project development; and

f. An Engineering and Construction Department that shall be
responsible for providing services relating to detailed engineering
plans and the construction and maintenance of project facilities.

The Council may create such other departments and positions as it
may deem necessary for the efficient, effective and economical conduct of
the activities of the Authority. Each department may be divided into
divisions, which will be headed by a division head.

CHAPTER XII
PENAL AND CIVIL LIABILITY

SECTION 23. - Penalty and civil liability clause. - Any person , natural
or juridical, who shall violate any of the provisions of this Act or may rule or
regulations promulgated by the Authority pursuant thereto shall be liable for
imprisonment of not more than three years or to a fine not exceeding Ten
Million Pesos (Php 10,000,000.00) or both at the discretion of the court.

if the violator is a corporation, partnership or association, the officer
or officers of the organization concerned shall be liable therefore.

The Authority is hereby authorized to pursue separate civil actions for
damages resulting from infractions of the provisions of this Act, rules and
regulations issued pursuant thereto and/or conditions embodied in the
clearances or permits issued by the Authority.

CHAPTER XiIll
MISCELLANEOUS PROVISIONS
SECTION 24. - Implementing Rules and Regulations. - The Council,
within 120 days after the approval of this Act, issues the necessary rules

and regulations to implement the provisions of this Act.

SECTION 25. - Separability clause. - The provisions of this Act are
hereby declared to be separable, and in the event any one or more of such


provisions are held unconstitutional or illegal, they shall not affect the
validity of other provisions.

SECTION 26. - Repealing clause. - All laws, orders , rules and
regulations and other parts thereof which are contrary or inconsistent with
the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 27. - Effectivity clause. - This Act shall take effect after
fifteen (15) days following its complete publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

Approved,