Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
________________________________________________________________ 
Introduced by: REPRESENTATIVE EDWIN L. OLIVAREZ 
EXPLANATORY NOTE 
Waste-to-energy is the process of generating energy in the form of electricity 
or heat from the combustion or conversion of municipal solid waste to gas through 
the use of environmentally friendly thermal technologies. 
Today, the world generates around 1.3 billion tons of municipal solid waste. 
By 2025, it is predicted that the world could generate 2.2 billion tons of municipal 
solid waste per year. Currently, the most utilized method of municipal solid waste 
disposal is through the use of landfills. This method poses a huge threat to our 
environment and health. Considering that the increase of the amount of municipal 
solid waste is proportionate to the growth of population around the world, a solution 
to minimize the use of such method must be applied. 
This Bill seeks to promote the use of waste-to-energy as a renewable source 
of energy. It is quite possible that part of the reason why our country has not yet 
maximized this method is because of the lack of awareness as regards waste-to-
energy methods. 
The importance of the promotion of waste-to-energy methods must be given 
emphasis. Through the passage of this Bill, our country will be able to take a step 
forward into reducing the use of landfills as a method of disposal of waste at the 
same time making use of these wastes in an environmentally friendly mariner. 
As such, the passage of this Bill is earnestly sought. 
EDWIN L. OLIVAREZ 
February 15, 2023
5:25 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
________________________________________________________________ 
Introduced by: REPRESENTATIVE EDWIN L. OLIVAREZ 
AN ACT PROMOTING AND ESTABLISHING THE USE OF WASTE TO ENERGY 
TECHNOLOGIES AND FACILITIES AS AN ALTERNATIVE SOURCE OF 
RENEWABLE ENERGY TECHNOLOGIES AND FOR OTHER PURPOSES 
Be it enacted in the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Short Title - This Act shall be known as the “Waste-To-Energy 
Act of 2023”. 
SECTION 2. Declaration of Policy - It shall be the policy of the State to 
protect and advance the right of the people to healthful ecology. To this end, the State 
shall promote the use of waste-to- energy technologies and facilities as an alternative 
source of renewable energy in order to contribute in the constant need to protect the 
environment and at the same time address the growing demand for energy in the 
country. 
SECTION 3. Definition of Terms. – 
a) Renewable Energy refers to energy obtained from sources that are
essentially inexhaustible or non-depletable source of energy such as, but
not limited to solar, wind, hydro, geothermal, sea waves or tidal current
and municipal solid waste; unlike natural gas, coal and oil, of which there
is a finite supply;
b) Waste-to-Energy refers to the process of generating energy in the form of
electricity or heat from the combustion or conversion of municipal solid
waste to gas through the use of environmentally friendly thermal
technologies;
c)
Municipal solid waste refers to waste produced from activities within the
local government units which include but is not limited to household,
commercial, non-hazardous institutional and industrial waste, street
litters, construction debris, agricultural waste and non-hazardous/non-
toxic solid waste;
d) Person refers to a natural or juridical person.
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SECTION 4. Waste-to-Energy technologies compliant with the emission 
standards set by Section 29 of Republic Act No. 8749 otherwise known as “The 
Philippine Clean Air Act” shall be allowed as waste-to-energy facilities in the local 
government units. 
 
Pursuant to the purpose of this Act, Section 20 of R.A. 8749 shall be amended 
to read as follows: 
 
“SECTION 20. Ban on Incineration. - Incineration, hereby defined as 
the burning of municipal, bio-medical and hazardous wastes, which 
process emits poisonous and toxic fumes, is hereby prohibited: 
Provided, however, that the prohibition shall not apply to, WASTE-TO-
ENERGY  FACILITIES  USING  MUNICIPAL  WASTE  AT ENERGY  
SOURCE  AND  COMPLIANT  WITH  THE  STANDARDS  SET  IN 
SECTION 19 OF THIS ACT traditional small-scale method of 
community/neighborhood sanitation “siga”, traditional, agricultural, 
health, and food preparation and crematoria: Provided, further, that 
existing incinerators dealing with bio-medical wastes shall be phased 
out within three (3) years after the effectivity of this Act: Provided, 
finally, that in the interim, such units shall be limited to the burning 
of pathological and infectious wastes, and subject to close monitoring 
by the Department.” 
 
SECTION 5. Role of Local Government Units in Setting Up of Waste-to-
Energy Facilities. - Pursuant to the relevant provisions of Republic Act No. 7160 or 
the Local Government Code, the LGUs shall be primarily responsible for the 
implementation and enforcement of the provisions of this Act within their respective 
jurisdiction with the National Solid Waste Management Commission. The setting-up 
of waste-to-energy facilities must originate through its local solid waste management 
boards and effected through an ordinance in consonance with their respective 10-
year solid waste management plans consistent with the national solid waste 
management framework. 
 
All local government solid waste management plans shall be subjected to the 
approval of the National Solid Waste Management Commission. 
 
SECTION 6. Environmental Impact Assessment. - Proposals for putting up 
of waste-to-energy facilities shall be subject to an environmental impact assessment 
as required by law before they are adopted. 
 
No actual implementation of such activities shall be allowed without the 
required Environmental Compliance Certificate under the Philippine Environmental 
Impact Assessment System. Where such activities are allowed to be undertaken, the 
proponent, who is the owner or operator of the waste-to-energy facility, shall plan 
and carry them out in such manner as will minimize any adverse effects and take 
preventive and remedial action when appropriate. 
 
The proponent shall be liable for any damage due to lack of caution and 
indiscretion. 
 
SECTION 7. Owner and Operator. - Responsibility for compliance with the 
standards in this Act shall rest with the owner and/or operator of the waste-to-
energy facility. If specifically designated, the operator is considered to have primary 
responsibility for compliance; however, this does not relieve the owner of the duty to 


take all reasonable steps to assure compliance with these standards and any 
assigned conditions. When the title to a disposal facility is transferred to another 
person, the new owner shall be notified by the previous owner of the existence of 
these standards and of the conditions assigned to assure compliance. 
 
SECTION 8. Incentives. - 
 
1. Fiscal Incentives. - Consistent with the provisions of Executive Order 226, 
otherwise known as the “Omnibus Investment Code”, the following incentives 
shall be granted: 
 
a. Tax and Duty Exemption on Imported Capital Equipment and Vehicles. - 
Within ten (10) years upon effectivity of this Act, LGUs, enterprises or 
private entities shall enjoy tax and duty free importation of machinery, 
equipment, vehicles and spare parts used for setting up the waste-to- 
energy facility: Provided, that the importation of such machinery, 
equipment, vehicle and spare parts shall comply within the following 
conditions: 
 
i. 
They are not manufactured domestically in sufficient quantity, or 
comparable quality and at reasonable prices; 
 
ii. 
They are reasonably needed and will be used actually, directly and 
exclusively for the abovementioned activities; 
 
 
iii. 
The approval of the Board of Investments of the Department of Trade 
and Industry for the importation of such machinery, equipment, 
vehicle and spare parts. 
 
Provided, further, that the sale, transfer or disposition of such machinery, 
equipment, vehicle, and spare parts, without prior approval of the BOI 
Within five (5) years from the date of acquisition shall be prohibited, 
otherwise the LGU concerned, enterprises or private entities and the 
vendee, transferee, or assignee shall be solitarily liable to pay twice the 
amount of tax and duty exemption given it. 
 
b. Tax Credit on Domestic Equipment. - Within ten (10) years from the 
effectivity of this Act, a tax credit equivalent to 50% of the value of the 
national internal revenue taxes and customs duties that would have been 
waived on the machinery, equipment, vehicle and spare parts, had these 
items been imported shall be given to enterprises, private entities, 
including NGOs, subject to the same conditions and prohibition cited in 
the preceding paragraph. 
 
c. Tax and Duty Exemption of Donations, Legacies and Gifts - All legacies, gifts 
and donations to LGUs, enterprises or private entities, including NGOs, for 
the support and maintenance of the program for setting up of the waste- 
to-energy shall be exempt from all internal revenue taxes and duties, and 
shall be deductible in full from the gross income of the donor for income 
tax purposes. 
 


2. Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax 
incentives under this Act shall also be entitled to applicable non-fiscal 
incentives provided for under the Omnibus Investment Code. 
 
The Commission shall provide incentives to businesses and industries that 
are engaged in the waste-to-energy and which are registered with the 
Commission and have been issued ECCs in accordance with the guidelines 
established by the Commission. Such incentives shall include simplified 
procedures for the importation of equipment, spare parts, new materials and 
supplies, and for the export of processed products. 
 
3. Financial Assistance Program - Government 
financial institutions and such 
other government institutions providing financial services shall in accordance 
with and to the extent allowed by the enabling provisions of their respective 
charters or applicable laws, accord high priority to extend financial service to 
individuals, enterprises, or private entities engaged in putting up waste-to-
energy facilities. 
 
4. Extension of Grants to LGUS. - Provinces, cities and municipalities with waste-
to-energy facilities plans that have been duly approved by the Commission for 
adopting innovative waste-to-energy programs may be entitled to receive 
grants for the purpose of developing their technical capacities toward actively 
participating in the waste-to-energy program. 
 
5. Incentive to Host LGUs - to incentives as may be deemed proper by the 
Commission. 
 
SECTION 9. Land Agency. - The National Solid Waste Management 
Commission shall be the primary government agency responsible for the 
implementation and enforcement of this Act. The Commission shall approve or deny 
the waste-to-energy plans of all LGUs within ten (10) days from its submission. 
 
SECTION 10. Report to Congress. - The National Solid Waste Management 
Commission shall submit an annual report to the President and to Congress through 
the Committee on Energy of Senate and House of Representatives respectively not 
later than March 30 of every year following the approval of this Act on the status of 
the waste-to-energy program in the country, the progress of the waste-to-energy 
facilities and make the necessary recommendations in areas where there is need for 
legislative action. 
 
SECTION 11. Joint Congressional Oversight Committee. - There is hereby 
created a Joint Congressional Oversight Committee to monitor the implementation 
of this Act. The committee shall be composed of five (4) senators and five 5) members 
of the House of Representatives to be appointed by the Senate President and the 
Speaker of the House of Representatives respectively. 
 
The mandate given to the Joint Congressional Oversight Committee under this 
Act shall be without prejudice to the performance of the duties and functions by the 
respective existing oversight committee of the Senate and the House of 
Representatives. 
 
SECTION 12. Implementing Rules and Regulations - Within ninety (90) 
days from the promulgation of this Act, the implementing rules and regulations for 
the proper implementation of its provisions shall be formulated by the appropriate 


government office or agency in coordination with all the stakeholders and covered 
establishments and institutions. 
 
SECTION 13. Separability Clause - If any provision of this Act is declared 
invalid, the remainder or any of this provision hereof not affected thereby shall 
remain in force and effect. 
 
SECTION 14. Repealing Clause - All laws, decrees, executive orders, 
presidential issuances and other administrative rules and regulations or parts 
thereof which are inconsistent with this Act are hereby repealed, amended or 
modified accordingly. 
 
SECTION 15. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
 
Approved,