Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
QUEZON CITY 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Honorable Michael L. Romero
EXPLANATORY NOTE 
The Republic of the Philippines shall pursue a policy of balancing development 
and environmental protection. To achieve this end, the framework for 
sustainable development shall be pursued. As such, it shall be the policy of the 
State to: 
1. Formulate a holistic national program of air pollution that shall
be implemented by the government through proper delegation
and effective coordination of function and activities;
2. Encourage cooperation and self-regulation among citizen and
industries through the application of incentives market-based
instruments;
3. Focus primarily on pollution prevention rather than on control
and provide for a comprehensive management program on air
pollution; Promote public information and education to
encourage the participation of an informed and active public in
air quality planning and monitoring; and
4. Formulate and enforce a system of accountability for short and
long term adverse environmental impact of a project, program or
activity.
This shall include setting up of a funding or guarantee mechanism for clean-up 
and environmental rehabilitation and compensation for personal damages. 
Section 20 of Republic Act No. 8749, otherwise known as the "Philippine 
Clean Air Act of 1999", provided for the prohibition of incineration of municipal, 
biomedical and hazardous waste, which process emits poisonous and toxic 
fumes. Likewise, certain provisions from Republic Act No. 9003, also known as 
the "Ecological Solid Waste Management Act of 2000, provided for the State 
to adopt a systematic, comprehensive and ecological solid waste management 
program which shall ensure the proper segregation, collection, transport, 
storage, treatment and disposal of solid waste through the formulation and 
adoption of the best environmental practice in ecological waste management, 
excluding "incineration"  
September 8, 2022
3:23 pm
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Twenty years after their enactment and implementation, new technologies 
have emerged which has paved way to convert waste into energy. Waste-to-
Energy (WTE) or energy-from-waste is the process of generating energy in the 
form of electricity heat from the incineration of waste. Landfills emit by-products 
like methane, dioxins and leachate - a toxic liquid that is formed when waste 
breaks down in the landfill and filters through waste, which, when left untreated, 
can leach into the soil, contaminating water sources, plants and even food. 
Waste-to-Energy technologies that process non-renewable waste can reduce 
environmental and health damages, all the while generating sustainable energy. 
This bill seeks to repeal Section 20 of Republic Act No. 8749 and other 
provisions of Republic Act No. 9003 to allow for the necessary and modern 
options in solving the persistent garbage problem of our country and in the 
process, attract more investors by providing fiscal and non-fiscal incentives, 
It is imperative to revisit the two-decade laws to give the national 
government alternatives in addressing our country's garbage problem, 
notwithstanding our dependence on non-renewable resources to produce power. 
Converting our waste to energy may be a good, if not the best, solution to solve 
both, 
This proposed bill was filed in the 17th and18th Congress, underwent 
thorough deliberations and was subsequently passed on the Third Reading. 
Hence, immediate passage of this measure is earnestly prayed for, 
MICHAEL L. ROMERO 


REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
QUEZON CITY 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Honorable Michael L. Romero 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
REGULATING THE USE OF TREATMENT TECHNOLOGY FOR 
MUNICIPAL AND HAZARDOUS WASTES, REPEALING FOR THE 
PURPOSE SECTION 20 OF REPUBLIC ACT NO. 8749, 
OTHERWISE KNOWN AS "THE PHILIPPINE CLEAN AIR ACT 
OF 1999" 
SECTION 1. TITLE. This Act shall be known and referred to as the "Regulation 
of Waste Treatment Technology Act". 
SECTION 2. REGULATION OF WASTE TREATMENT TECHNOLOGY. Thermal 
and other treatment technologies for the disposal of municipal and hazardous 
wastes, or for the processing of any material for fuel, whether for commercial use 
or not, shall be designed and operated to meet the standards established in this 
Act and its implementing rules and regulation: Provided, That these technologies 
shall be fitted with equipment that will continuously monitor, record and make 
publicly available the reported data on their emissions or air pollutant 
concentrations: Provided, however, That units that recover energy shall be 
prioritized: Provided, further, That entities utilizing units shall incorporate in 
their facilities or operations proper materials recovery program: Provided, finally, 
That thermal treatment units shall treat wastes at a temperature of not less than 
eight hundred fifty degrees centigrade (850C). 
SECTION 3. ROLE OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL 
RESOURCES (DENR). The DENR shall be primarily responsible for the 
implementation and enforcement of this Act. It shall likewise promote the use of 
state-of-the-art, environmentally sound and safe technologies for the handling, 
treatment, thermal or non-thermal destruction, utilization, and disposal of 
residual wastes. 
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SECTION 4. ROLE OF LOCAL GOVERNMENT UNITS (LGUS) IN SETTING UP 
TREATMENT FACILITIES. The LGUs are hereby mandated to promote, 
encourage and implement in their respective jurisdiction a comprehensive solid 
waste management plan that includes waste segregation, recycling and 
composting. 
 
The establishment of treatment facilities shall be facilitated by LGUs within 
a region, province, or strategically clustered LGUs in consonance with their ten 
(10)-year solid waste management plans made consistent with the national solid 
waste management framework established pursuant to R.A. No. 9003, otherwise 
known as the Ecological Solid Waste Management Act of 2000. The solid waste 
management plans of all the LGUs shall be subjected to the approval of the 
National Solid Waste Management Commission (NSWMC). 
SECTION 5. ROLE OF THE NATIONAL SOLID WASTE MANAGEMENT 
COMMISSION (NSWMC). Pursuant to the provisions of R.A. 9003, the NSWMC 
shall ensure the establishment of a comprehensive solid waste management plan 
in all LGUs, which shall incorporate waste segregation, recycling and composting, 
and disposal. The NSWMC shall approve or deny the plan, or supplemental 
disposal plan of all LGUs, which may carry out treatment projects, within ten (10) 
working days from its submission. The Department of Science and Technology 
(DOST) shall likewise process the application of said projects for the necessary 
technology verification within the same period. However, for new technology, the 
DOST shall have twenty (20) working days from the receipt of the application of 
said projects to process the verification. In all cases, the approving body shall put 
in writing the reasons for either approving or denying the plan. 
SECTION 6. RESPONSIBILITY OF OWNER AND OPERATOR. Responsibility for 
compliance with the standards promulgated for the establishment and operation 
of waste treatment facilities shall rest with the owner and/ or operator thereof. If 
by contract the operator is bound to be held primarily responsible and solely 
responsible for compliance with the standards, the same shall not relieve the 
owner of the requirement to exercise due diligence to assure that the required 
compliance by operators are met. In the event that the ownership of the facility 
is transferred to another person, the previous owner shall notify the new owner 
of the standards and the conditions set for the operation of said facility, and the 
laws and regulations that the new owner has to comply with. The standards for 
operation of waste treatment facility may be made more stringent by five percent 
(5%): Provided, That the same shall be affected ten (10) years following the 


commencement of the operation of the facility established after the effectivity of 
this Act. 
SECTION 7. INCENTIVES.  
(a) Fiscal Incentives The following tax incentives shall be granted to registered 
enterprises which shall invest in waste treatment facilities: 
1) Income Tax Holiday. Within the first seven (7) years of its operations, 
the treatment facility shall be exempt from income taxes levied by 
the national government. 
2) Tax and Duty Exemption on Imported Capital Equipment and 
Vehicles. Within the first ten (10) years of operations, registered 
enterprises which invested in the treatment facility shall enjoy tax- 
and duty-free importation of machinery, equipment, vehicles and 
spare parts used for setting up the treatment facility: Provided, That 
the importation of such machineries, equipment, garbage collection 
vehicles, and spare parts shall comply with the following conditions: 
They are not manufacturing domestically in sufficient quantity, of 
comparable quality and reasonable prices; 
(ii) 
They are reasonably needed and will be used exclusively by 
the registered enterprise in the manufacture of its products, 
unless prior approval of the Board of Investments (BOI) of the 
Department of Trade and Industry (DTI) is secured for the 
part-time utilization of the said equipment in a non-registered 
activity to maximize usage thereof or the proportionate taxes 
and duties are paid on the specific equipment and machinery 
being permanently used for nonregistered activities; 
(iii) 
The importation of such machinery, equipment, vehicle 
and spare parts has been approved by the Board of 
Investments (BOI) of the Department of Trade and 
Industry (DTI). 
Provided, further, That the sale, transfer or disposition of such 
machinery, equipment, vehicle and spare parts within five (5) years 
from the date of acquisition shall be prohibited, without prior 
approval of the BOI, otherwise, the registered enterprise and the 
vendee, transferee, or assignee shall be solidarily liable to pay twice 
the amount of tax and duty exemption given it. 
3) Tax Credit on Domestic Equipment. A tax credit equivalent to 
one hundred percent (100%) of the amount of the value-added 
tax and custom duties that would have paid on the machinery, 
equipment, components, parts and materials had these items 
been imported shall be given to a contract holder who 
purchases machinery, equipment, component, parts and 
materials: Provided, That such are directly needed and shall be 
used exclusively by the waste treatment facility. 


4) Tax and Duty Exemption of Donations, Legacies and Gifts. All 
legacies, gifts and donations to LGUs, enterprises or private entities, 
including nongovernment organizations (NGOs) for the support and 
maintenance of the program for setting up of treatment technologies 
shall be exempt from all internal revenue taxes and custom duties, 
and shall be deductible in full from the gross income of the donor for 
income tax purposes. 
(b) Non-Fiscal Incentives. LGUs, enterprises or private entities availing the 
tax incentives under this Act shall also be entitled to applicable non-fiscal 
incentives provided for under the Omnibus Investments Code. 
The NSWMC shall provide incentives to businesses and industries that 
are engaged in the treatment of wastes which are registered with the NSW 
MC and have been issued the required Environmental Compliance 
Certificate (ECC) in accordance with guidelines established by the 
NSWMC. Such incentives shall include simplified procedures for the 
importation of equipment, spare parts, new materials, and supplies, and 
for the export of processed products. 
(c) 
Financial Assistance Program. Government financial institutions such as 
the Land Bank of the Philippines (LBP), Development Bank of the 
Philippines (DBE), Government Service Insurance System (GSIS), 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 
applicable laws, accord high priority in the 
extension of financial services to individuals, enterprises, or private 
entities engaged in putting up treatment facilities: Provided, That these 
institutions shall allocate five percent (5%) of their loan portfolio to waste 
treatment projects. 
(d) Extension of Grants to LGUs. Provinces, cities and municipalities whose 
treatment facilities plans have been duly approved by the NSWMC or who 
have 
been commended by the NSWMC for adopting innovative waste 
treatment program. 
(e) Incentives to Host LGUs. LGUs who host common treatment 
facilities shall be entitled to incentives as may be determined by the 
NSWMC. 
SECTION 8. PENALTIES AND SANCTIONS. Violations of the provisions of this 
Act, or the standards or rules and regulations promulgated for treatment facilities 
shall be fined and penalized under the provisions of Presidential Decree No. 1586; 
Republic Act No. 6969, otherwise known as the "Toxic Substances and 
Hazardous and Nuclear Wastes Control Act of 1990"; Republic Act No. 8749, 
otherwise known as the "Philippine Clean Air Act of 1999"; and Republic Act No. 
9275, otherwise known as the "Philippine Clean Water Act of 2004". For waste-
to-energy facilities, the penal schemes established under the Philippine Grid 


Code and Philippine Distribution Code pursuant to Republic Act No. 9136, also 
known as the "Electric Power Industry Reform Act of 2001" shall likewise apply 
for this purpose. 
SECTION 9. IMPLEMENTING RULES AND REGULATIONS. The DENR, in 
coordination with the NSWMC, Department of Energy (DOE), BOI, Bureau of 
Internal Revenue (BIR), Bureau of Customs (BOC), academe or research 
institutions, and other concerned agencies, shall promulgate the implementing 
rules and regulations for this Act, within three (3) months after its enactment. 
SECTION 10. ANNUAL REPORT. The NSWMC shall submit an annual report to 
the President of the Philippines and to Congress on the status of disposal 
management and the use of treatment facilities in the country not later than 
March 30 of every year following the approval of this Act. 
SECTION 11. SEPARABILITY CLAUSE. If any part or section of this Act is 
declared unconstitutional, such declaration shall not affect the other parts or 
sections of this Act. 
SECTION 12. REPEALING CLAUSE. Section 20 of Republic Act No. 8749 is 
hereby repealed. Provisions of Republic Act No. 9003, and other laws, 
presidential decrees, executive orders, rules and regulations inconsistent with 
any provision of this Act shall be deemed repealed or modified accordingly. 
SECTION 13. EFFECTIVITY. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation, 
Approved,