Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4111
HOUSE BILL NO.

Introduced by Representatives Manuel Luis T. Lopez and Allan Benedict S. Reyes

EXPLANATORY NOTE

Water is one of the most important substances on earth. All living things need
water to survive. Itis also essential for the healthy growth of crops and farm stock and is
used in the manufacture of many products. Thus, access to water and sanitation are
recognized by the United Nations as human rights, which reflects the fundamental nature
of these basics in every person’s life. The lack of access to water equates to health issues,
a disrespect to one’s dignity, hindrance to people's prosperity and eventually, has
significant consequences to the realization of human rights.

With the water crisis in Metro Manila, finding solutions is imperative to us,
government officials/public servants, and one of which is to find alternative sources of
water. Although there are many ways in which we can collect water, the one which is
considered environmentally friendly is rainwater harvesting.

Thus, these representations seek to mandate the establishment and maintenance
of a rainwater harvesting facility in all new institutional, commercial, and residential
development projects in Metro Manila. This legislative measure on rainwater harvesting
was previously filed in the 17% Congress by Representative Winston Castelo and was
sponsored in the plenary by this representation, Rep. Manuel Luis T. Lopez. House Bill
4340 was approved on 3" and final reading on May 20, 2019, and was transmitted to the
Senate the following day but was not acted upon due to the limited time to be deliberated
in the Senate.

With Section 48 of the House Rules and in view of the foregoing, the passage of
this bill is earnestly sought.

Moh] Oar 1 a~

HON. MANU! ST. LOPEZ HON. ALLAN BENEDICT S. REYES
Represwatsive Representative
1 District, City of Manila 34 District, Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4111
HOUSE BILL NO.

Introduced by Representatives Manuel Luis T. Lopez and Allan Benedict S. Reyes

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

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

SECTION 1. Short Title. - This Act shall be known as the “Rainwater Harvesting
Facility Act.”

SEC. 2. Declaration of Policy. - \t is declared a 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. Pursuant thereto, the State shall mandate the
establishment of rainwater harvesting facilities to reduce flooding and relieve the
metropolis of the devasting effects of typhoons and other weather disturbances, shall
urge the conservation of potable water, and shall engage the active participation of the
public and private, and shall engage active participation of the public and private sector
in the flood mitigating efforts and initiatives of the government.

The State recognizes Metro Manila as one of the densest areas in the country. To
mitigate the adverse effects of a continuing growth in population and widening
community developments, the State shall ensure that Metro Manila local governments
are capacitated to respond to threats wrought by natural calamities and disasters such as
massive flooding. Towards this end, the State shall mandate the construction of rainwater
harvesting facilities in all new public and private institutional, commercial, and
residential development projects in Metro Manila.

Pursuant thereto, Metro Manila shall pilot this undertaking for other similar
metropolitan areas by mandating owners and developers of all new public and private
institutional, commercial, and residential development projects to design and construct
a rainwater harvesting facility to prevent or delay the release of rainwater and runoff
water into the public drainage systems, creeks, and natural waterways prior to the
issuance of building permit.

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SEC. 3. Definition of Terms. - As used in this Act:
a. Rainwater harvesting facility refers to a flood control structure such as a
vertical detention tank, horizontal water tank, open retarding basin, and
multiuse water catchment area, or an on-site regulation pond used to
prevent or delay the release of rainwater into the public drainage system;
and
b. Return period refers to the average length of time in years a rain-related
natural disaster of given magnitude to be equaled or exceeded by the length
of time that a rainwater-related disaster may probably recur.

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

The owner or developer of an ongoing institutional, commercial, and residential
development project in Metro Manila that has no existing provision for a rainwater
facility shall build the facility within a period of three (30 years from the effectivity of this
Act, or suffer the penalty imposed in Section 8 hereof.

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

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

SEC. 6. Design Requirements. - The rainwater harvesting facility must be
designed to cope a storage capacity prescribed by the Department of public Works and
Highways (DPWH). The design of the rainwater harvesting facility shall include the
following:

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

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

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

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

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project.

SEC. 8, Penalties. - The owner or developer of all new institutional, commercial,
and residential development projects in Metro Manila who fails to construct a rainwater
harvesting facility in violation of Section 4 of this Act shall suffer the penalty of a fine of
not less than five hundred thousand pesos (P500,000.00), but not more than two million
pesos (P2,000,000.00) for every year of noncompliance.

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

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

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

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

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

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

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,

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