FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 3561

Introduced by Representative DANILO RAMON

FERNANDEZ,

AN ACT
AMENDING CERTAIN PROVISIONS OF THE REPUBLIC ACT NUMBER 9275,
OTHERWISE KNOWN AS THE PHILIPPINE CLEAN WATER ACT OF 2004

EXPLANATORY NOTE

The Area Water Quality Management Fund (AWQME) was established by Section 10
of Republic Act No. 9275 otherwise known as the Philippine Clean Water Act of 2004 for the
“maintenance and upkeep of the water bodies in a water quality management area
(WQMA)... This fund shall be managed by the board of the corresponding management
area

The creation of the fund is meant to give flexibility to the governing board and ease of
access to resources in addressing the maintenance and upkeep of the water bodies in their
jurisdiction. As it stands now, however, the provision on AWQMF has not been
implemented because of the necessity of certain operational requirements that at hindsight
could only be provided by an enabling law.

This bill introduces amendments to Republic Act No. 9275, specifically affecting the
AWOQME, in order to give explicit life to the spirit of the relevant provisions.

Clarifying the status of the WQMA as a body corporate and AWQMF as a revolving
fund shall eliminate the issues that have been plaguing and hindering the implementation of

Section 10 of Republic Act No. 9275.

In view of the foregoing, passage of this bill is earne

stly requested



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 3561

Introduced by Representative DANILO RAMON S. FERNANDEZ

AN ACT
AMENDING CERTAIN PROVISIONS OF THE REPUBLIC ACT NUMBER 9275,
OTHERWISE KNOWN AS THE PHILIPPINE CLEAN WATER ACT OF 2004

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

SECTION 1. Section 5 of the Republic Act No. 9275 is hereby amended to read as
follows:

“SECTION 5. Water Quality Management Area. — The Department,
THROUGH THE ENVIRONMENTAL MANAGEMENT BUREAU (EMB), in
coordination with National Water Resources Board (NWRB), shall designate certain
areas as water quality management areas using appropriate physiographic units such
as watershed, river basins or water resources regions. Said management areas shall
have similar hydrological, hydrogeological, meteorological or geographic conditions
which affect the physicochemical, biological and bacteriological reactions and
diffusions of pollutants in the water bodies, or otherwise share common interest or
face similar development programs, prospects, or problems

EACH [Said] management area shall be governed by a governing board
composed of representatives of mayors and governors of member local government
units (LGUs), and representatives of relevant national government agencies, duly
registered nongovernmental organization, water utility sector, ACADEME, and
business sector. The [Depariment-representative] EMB REGIONAL DIRECTOR
shall chair the governing board. In the case of the LGUs with memberships on more
than one (1) management board, the LGU shall designate only one (1) single
representative for all the management areas where it is a member.

The governing board shall formulate strategies to coordinate policies
necessary for the effective implementation of this Act in accordance with those
established in the framework and monitor the compliance with the action plan

EACH WATER QUALITY MANAGEMENT AREA SHALL PERFORM
ITS POWERS AND FUNCTIONS AS A BODY CORPORATE, AND SHALL

1


MAINTAIN ITS RESPECTIVE PRINCIPAL OFFICE WITHIN THE LOCATION
OF THE WATER QUALITY MANAGEMENT AREA BEING ADMINISTERED.

xxx”
SEC 2. Section 10 thereof is also amended to read as follows:

“SEC. 10. The Area Water Quality Management Fund, The area water quality
management fund is hereby established for the maintenance and upkeep of the water
bodies in a water quality management area. The fund shall be utilized for the grant of
rewards and incentives for entities whose effluent discharges are better than the water
quality criteria of the target classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and improve quality of
wastewater discharges, and regular maintenance of the water bodies within the
management area,

THE FUND SHALL BE A REVOLVING ACCOUNT WHICH SHALL BE
RETAINED IN THE TER QUALITY MANAGEMENT AREA AND MADE
AVAILABLE TO SERVE OBJECTIVES AS SO STATED UNDER THE
IMMEDIATELY PRECEEDING PARAGRAPH. FOR THIS PURPOSE, AS AN
EXEMPTION TO SECTION 44, CHAPTER 5, BOOK VI OF E.0. NO. 292 AND
SECTION 65 OF P.D. NO. 1445, ALL FEES, CHARGES AND OTHER INCOME
ACCRUING TO THE FUND BY VIRTUE OF THIS ACT AND ITS RULES AND
REGULATIONS SHALL NOT BE DEPOSITED IN THE NATIONAL
TREASURY,

XXX”

Disbursements from the fund shall be subject to the usual accounting and
budgeting rules and regulations. [This-fund-sh
corresponding management area]

SEC. 3. This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation

SEC. 4. All laws, decrees, executive orders, administrative orders, proclamations,
rules and regulations or parts thereof contrary to or inconsistent with the provisions of this act
ate hereby repealed or modified accordingly