EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S.B. No. 
363
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SL1 i . ' i l l ' i ‘ 
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*19 JUL11 PI :23
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Intro d u ce d  by SEN. W IN  GATCHALIAN
AN ACT ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES U TILIZIN G  WASTE-TO-ENERGY
TECHNOLOGIES
EXPLANATORY NOTE
Republic Act No. 9513, otherwise known as the Renewable Energy Act of 2008 (RE Act), 
mandates the Department of Energy (DOE) to encourage the adoption of waste-to- 
energy (WTE) facilities and considers biodegradable organic fractions of industrial and 
municipal wastes as part of biomass resources.1 However, more than a decade after the 
enactment of the RE Act, WTE facilities are almost negligible in the energy mix with only 
13.83 MW of installed capacity and a mere 26.48 MW of committed or indicative 
capacity.1 2 
Discussions with WTE proponents identify the continuous source of 
feedstock, in the form of waste, as the main barrier to entry.
This measure seeks to provide a framework for the entire value chain of WTE facilities, 
and in turn ensure the uninterrupted supply of waste by (1) mandating a WTE strategy 
in the national, provincial, and local solid waste management plans; (2) authorizing local 
government units to enter into cooperative undertakings, joint ventures, and other 
similar modalities in choosing a common WTE facility provider; and (3) requiring 
standards, criteria, guidelines, and formula in computing for a fair, equitable, and 
reasonable tipping charge for WTE facilities taking into consideration the cost of
1 Sec. 4(b) and Sec. 30 of Republic Act No. 9513
2 Reports and Updates submitted by the DOE- Renewable Energy Management Bureau (REMB) to the Senate Committee on 
Energy (15 May 2019)


construction, operation, and maintenance of the facility and the potential revenue from 
the sale of energy output such as electric power and biofuels.
Given the foregoing, the immediate passage of this measure is sought.
G AtCHAklAN


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s.B. No. 
rsR.'t
V 
'A
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*19 JUL11 PI :23
RECEIVED i;
I
* 1  1
Intro d u ce d  by SEN. W IN  GATCHALIAN
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES U TILIZIN G  WASTE-TO-ENERGY
TECHNOLOGIES
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
1 
SECTION 1. Short Title. -  This Act shall be referred to as the "Waste-to-
2 
Energy Act".
3
4 
Sec. 2. 
Declaration o f Policy. -  It is hereby declared the policy of the State
5 
to:
6 
(a) 
Ensure protection of the public's health through ecological solid waste
7 
management;
8 
(b) 
Encourage the 
development and 
utilization 
of new and 
alternative
9 
technologies in resource recovery, resource conservation, and processing,
10 
treatment, and disposal of solid waste;
11 
(c) 
Support the expansion of bioenergy technologies, such as waste-to-energy,
12 
in order to attain sustainable energy;
13 
(d) 
Strengthen 
the 
integration 
of 
solid 
waste 
management, 
bioenergy
14 
promotion, and environmental protection towards healthful cities amidst
15 
economic growth and development; and


1 
(e) 
Promote collaboration and cooperation among local government units
2 
through coordinated approaches to solid waste management.
3
4 
Sec. 3. Scope and Application. -  This Act shall apply to all local government
5 
units and waste-to-energy facilities.
6
7 
Sec. 4. Definition o f Terms. -  For purposes of this Act, the following terms
8 
shall be defined as stated below:
9 
(a) 
Agricultural waste refers to waste generated from planting or harvesting of
10 
crops, trimming or pruning of plants, and wastes or run-off materials from
11 
farms of fields;
12 
(b) 
Biomedical waste refers to pathological wastes, pharmaceutical wastes,
13 
chemical wastes, and sharps as defined in this Act;
14 
(c) 
City or Municipal Solid Waste Management Board refers to the entity
15 
established by each city or municipality pursuant to Section 12 of Republic
16 
Act No. 9003, otherwise known as the Ecological Solid Waste Management
17 
Act of 2000;
18 
(d) 
Chemical waste refers to discarded solid, liquid or gaseous chemicals from
19 
laboratories or other sources such as diagnostic work, environmental work,
20 
cleaning, housekeeping and disinfecting procedures;
21 
(e) 
Collection refers to the act of removing solid waste from the source or from
22 
a communal storage point;
23 
(f) 
Disposal refers to the discharge, deposit, dumping, spilling, leaking, or
24 
placing of any solid waste into or in a land;
25 
(g) 
Disposal site refers to a site where solid waste is finally discharged and
26 
deposited;
27 
(h ) 
Feedstock refers to a waste source utilized as fuel for a waste-to-energy
28 
facility;
29 
(i) 
Generation refers to a person, natural or juridical, who last uses a material
30 
and makes it available for disposal or recycling;


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(j) 
Generator refers to a person, natural or juridical, who last uses a material
2 
and makes it available for disposal or recycling. For purposes of this Act, a
3 
generator refers to the local government unit (LGU);
4 
(k) 
Hazardous waste refers to a combination of solid waste which, because of
5 
its quantity, concentration, physical, chemical, or infectious characteristics,
6 
may:
7 
(i) Cause or significantly contribute to an increase in mortality or an
8 
increase in a serious irreversible or incapacitating reversible illness, or
9 
(ii) Pose a substantial present or potential hazard to human health or the
10 
environment when improperly treated, stored, transported, or disposed
11 
of, or otherwise managed;
12 
(I) 
Incineration refers to the burning of municipal, biomedical, and hazardous
13 
wastes which process emits toxic and poisonous fumes;
14 
(m) Local Government Solid Waste Management Plan refers to the ten (10) year
15 
solid waste management plan, consistent with the National Solid Waste
16 
Management Framework, prepared by the province, city, or municipality
17 
pursuant to Section 16 of Republic Act No. 9003;
18 
(n) 
Municipal waste refers to wastes produced from activities within LCDs which
19 
include a combination of domestic, commercial, institutional, and industrial
20 
wastes and street litters;
21 
(o) 
National Solid Waste Management Commission refers to the Commission
22 
created and primarily tasked with overseeing the implementation of solid
23 
waste management plans and prescribing policies to achieve the objectives
24 
of Republic Act No. 9003;
25 
(p) 
National Solid Waste Management Framework refers to a document
26 
prepared by the National Solid Waste Management Commission based on
27 
the National Solid Waste Management Status Report pursuant to Section 15
28 
of Republic Act No. 9003;
29 
(q) 
National Solid Waste Management Status Report refers to a document
30 
prepared by the Department of Environment and Natural Resources (DENR),
31 
which is used as a basis in formulating the National Solid Waste
32 
Management Framework pursuant to Section 14 of Republic Act No. 9003;


1 
(r) 
Pathological waste refers to all human tissue, whether infected or not,
2 
animal carcasses and tissue, together with all related swabs and dressings;
3 
(s) 
Pharmaceutical waste refers 
to 
pharmaceutical 
products, drugs and
4 
chemicals that have been returned from wards, have been spilled or soiled,
5 
are expired or contaminated, or are to be discarded for any reason;
6 
(t) 
Provincial Solid Waste Management Board refers to the entity established by
7 
each province pursuant to Section 11 of Republic Act No. 9003;
8 
(u) Resource recovery refers to 
the collection, extraction, or recovery of
9 
recyclable materials from the waste stream for the purpose of recycling,
10 
generating energy, or producing a product a suitable for beneficial use;
11 
(v) Sanitary landfill refers to a 
waste disposal site designed, constructed,
12 
operated, and maintained in a manner that exerts engineering control over
13 
significant potential environment impacts arising from the development and
14 
operation of the facility;
15 
(w) Segregation refers to a solid waste management practice of separating
16 
different materials found in solid waste 
in order to promote 
recycling and
17 
re-use of resources and to reduce the volume of waste 
for collection and
18 
disposal;
19 
(x) Solid waste refers to all discarded household, commercial waste, non-
20 
hazardous institutional and industrial waste, street sweepings, construction
21 
debris, agricultural waste, and other non-hazardous or non-toxic solid
22 
waste. It shall not include:
23 
(i) Waste identified or listed as hazardous waste of a solid, liquid,
24 
contained gaseous or semisolid form, which may cause or contribute to
25 
an increase in mortality or in serious or incapacitating reversible illness,
26 
or acute or chronic effect on the health of persons and other
27 
organisms,
28 
(ii) Infectious waste from hospitals such as equipment, instruments,
29 
utensils, and fomites of a disposable nature from patients who are
30 
suspected to have or have been diagnosed as having communicable
31 
diseases and must therefore be isolated as required by public health
32 
agencies, laboratory wastes as pathological specimens, and disposable


1 
fomites that may harbor or transmit pathogenic organisms, and
2 
surgical operating room pathologic materials from outpatient areas and
3 
emergency rooms, and
4 
(iii) Waste resulting from mining activities, including contaminated soil and
5 
debris;
6 
(y) 
Solid waste management facility refers to any resource recovery system or
7 
component 
thereof; 
any 
system, 
program 
or 
facility 
for 
resource
8 
conservation; any facility for the collection, source separation, storage,
9 
transportation, transfer, processing, treatment, or disposal of solid waste;
10 
(z) 
Solid waste management refers to the discipline associated with the control
11 
of generation, storage, collection, transfer and transport, processing, and
12 
disposal of solid wastes in a manner that is in accord with the best principal
13 
of public health, economics, engineering, conservation, aesthetics, and
14 
other environmental considerations, and that is also responsive to the public
15 
attitudes;
16 
(aa) Sharps refer to needles, syringes, scalpels, blades, and any other items that
17 
could cut or puncture;
18 
(bb) Tipping charge refers to the amount paid by a generator to a waste-to-
19 
energy facility for the disposal of waste;
20 
(cc) Toxic and poisonous fumes refer to emissions and fumes which do not
21 
conform to internationally accepted standards, including 
World Health
22 
Organization guideline values;
23 
(dd) Waste-to-energy (WTE) technology refers to any waste treatment process
24 
that creates electricity, heat, or transport fuels from a waste source which
25 
serves as the feedstock;
26 
(ee) WTE facility refers to any processing facility that utilizes WTE technology
27 
such as a power plant, a biofuel plant, and biogas-producing sanitary
28 
landfill; and
29 
(ff) 
WTE strategy refers to a plan of action with measurable targets towards the
30 
sustainability of feedstock 
for and increased utilization of WTE facilities.
31 
The strategy is as a tool both for solid waste management and increased
32 
utilization of bioenergy technologies.


1 
Sec. 5. Waste-to-Energy Facility. -  A WTE facility shall be considered a solid
2 
waste management facility and shall be exempted from the ban on incineration
3 
under Section 20 of Republic Act No. 8749, otherwise known as the Clean Air Act of
4 
1999: Provided, That the facility shall comply with Section 19 of the same Act. A
5 
WTE facility shall be required to have arrangements with a sanitary landfill as a
6 
disposal site for any waste generated from its operations.
7
8 
In addition to the provisions of this Act, the segregation, collection, transfer,
9 
storage, and transport of solid waste as feedstock for a WTE facility, and the waste
10 
treatment process of the WTE facility shall be governed by Republic Act No. 9003
11 
and Republic Act No. 8749, while the energy production aspect of the WTE facility
12 
shall be governed by Republic Act No. 9136, otherwise known as the Electric Power
13 
Industry Reform Act of 2001, Republic Act No. 9367, otherwise known as the
14 
Biofuels Act of 2006, and Republic Act No. 9513, otherwise known as the Renewable
15 
Energy Act of 2008, whichever is applicable.
16
17 
Sec. 6. The National Solid Waste Management Commission. -  The Secretary
18 
of the Department of Energy shall serve in ex officio capacity as member of the
19 
National Solid Waste Management Commission, which shall now have fifteen (15
20 
members) from the government sector. 
In addition to its powers and functions
21 
under Republic Act No. 9003, the National Solid Waste Management Commission
22 
shall:
23 
(a) Include a WTE strategy in the National Solid Waste Management Framework;
24 
(b) Develop and implement a program to assist LGUs in the determination of the
25 
potential of WTE facilities in their respective localities;
26 
(c) Ensure 
LGUs 
incorporate 
a 
WTE 
strategy 
in 
their 
respective 
Local
27 
Government Solid Waste Management Plans;
28 
(d) Coordinate the operation of Provincial, City, and Municipal Solid Waste
29 
Management Boards especialiy for clustered LGUs employing a common WTE
30 
facility;
31 
(e) Regularly determine, review, and publish the following:
32 
(i) 
Standards, criteria, and guidelines for:


1 
1. Siting, design, operation, and maintenance of WTE facilities,
2 
2. Characterization and composition of solid waste utilized as
3 
feedstock for WTE facilities to ensure emissions are consistent
4 
with Republic Act No. 8739, and
5 
3. Disposal of residual waste from WTE facilities, if any;
6 
(ii) 
Standards, criteria, guidelines, and formula in computing for a fair,
7 
equitable, and reasonable tipping charge for WTE facilities taking into
8 
consideration the cost of construction, operation, and maintenance of
9 
the facility as well as the potential revenue from the sale of energy
10 
output such as electric power and biofuels, and
11 
(iii) 
Reference tipping charges for various kinds of WTE facilities;
12 
(f) Adopt regulations to ensure compliance with standards, 
criteria and
13 
guidelines promulgated pursuant to this Section; and
14 
(g) Perform all other acts that are analogous to the foregoing, which are
15 
necessary and incidental to accomplish the policy objectives of this Act.
16
17 
Sec. 7. Role o f the Department o f Energy. -  In addition to its powers and
18 
functions under Republic Act No. 7638, otherwise known as the Department of
19 
Energy Act of 1992, as amended, the Department of Energy shall:
20 
(a) Accredit and classify WTE facilities based on the energy output, and
21 
determine the standards, criteria, and requirements applicable for each kind
22 
of WTE facility pursuant to Republic Act No. 9136, Republic Act No. 9367, and
23 
Republic Act No. 9513, whichever is applicable;
24 
(b) Include 
a 
WTE 
strategy in 
the 
Philippine 
Energy 
Plan, 
taking 
into
25 
consideration the National Solid Waste Management Framework;
26 
(c) Make available to the public, especially to potential WTE investors, local and
27 
national information on the following:
28 
(i) Current and potential uses of WTE facilities in relation to solid waste
29 
management,
30 
(ii) Inventory of existing WTE facilities,
31 
(iii)General feedstock characterization,
32 
(iv)Status and projection of feedstock generation.


1 
(v) Specific locations of potential feedstock and WTE facilities,
2 
(vi)Reference tipping charges for different kinds of WTE facilities,
3 
(vii) 
Current tipping charges, and
4 
(viii) 
Other relevant information.
5 
(d) Promote WTE facilities as a kind of renewable energy power plant pursuant to
6 
Republic Act No. 9513, and as a type of biofuel plant pursuant to Republic Act
7 
No. 9367; and
8 
(e) Perform all other acts that are analogous to the foregoing, which are
9 
necessary and incidental to accomplish the policy objectives of this Act.
10
11 
Sec. 8. Role o f the Department o f Environment and Natural Resources. -  In
12 
addition to its powers and functions under Republic Act No. 9003 and Republic Act
13 
No. 8759, the DENR shall:
14 
(a) Include a WTE strategy in the National Solid Waste Management Status
15 
Report;
16 
(b) Based on the program created by the National Solid Waste Commission
17 
pursuant to Section 6(b) of this Act, provide technical and other capability
18 
building assistance and support to the LGUs to determine the potential 
of
19 
WTE facilities in their respective localities;
20 
(c) Recommend policies to eliminate barriers in the uptake and construction of
21 
WTE facilities from a solid waste management perspective;
22 
(d) Ensure compliance with Sections 6 (e) and (f); and
23 
(e) Exercise visitorial and enforcement powers to ensure strict compliance of WTE
24 
facilities with this Act, Republic Act No. 9003, and Republic Act No. 8759.
25
26 
Sec. 9. Role o f Local Government Units. -  In addition to their powers and
27 
functions under Republic Act No. 7160, otherwise known as the Local Government
28 
Code of 1991, and Republic Act No. 9003, all LGUs shall:
29 
(a) Include a WTE strategy in their respective Local Government Solid Waste
30 
Management Plans; and
31 
(b) Be authorized to enter into:


1 
(i) Clustering arrangements with other LCDs for a common WTE facility,
2 
on their own or upon recommendation of the Provincial Solid Waste
3 
Management Board,
4 
(ii) Long term contracts with WTE facilities, on their own or with clustered
5 
LG Us, and
6 
(iii) Joint ventures, public private partnerships, cooperative undertakings
7 
under Sec. 33 of Republic Act No. 7160, otherwise known as the Local
8 
Government Code of 1991, as amended, and other contractual
9 
arrangement allowed by other existing laws, rules, regulations, and
10 
their respective charters for the establishment o f WTE facilities:
11 
Provided, That LGUs shall be allowed to determine the standards and
12 
quality of technology and services of a WTE facility provider.
13
14 
Sec. 10. Role o f the Provincial Solid Waste Management Board. -  In addition
15 
to its powers and functions under Republic Act No. 9003, the Provincial Solid Waste
16 
Management Board shall:
17 
(1) Integrate a WTE strategy in the Provincial Solid Waste Management Plan
18 
from the submitted Local Government Solid Waste Management Plans of all
19 
its component cities and municipalities;
20 
(2) Identify and include potential locations for WTE facilities in the Provincial
21 
Solid Waste Management Plan: Provided, That no WTE facility shall be built
22 
outside of the locations identified by the Provincial Solid Waste Management
23 
Board;
24 
(3) Identify and recommend potential clustering of cities and municipalities for a
25 
common WTE facility, based on the LGU's location, composition of feedstock,
26 
projection of feedstock generation, common solid waste management
27 
problems, among others, after reviewing and integrating the submitted Local
28 
Government Solid Waste Management Plans of all its component cities and
29 
municipalities;
30 
(4) Provide the necessary logistical and operational support to cities and
31 
municipalities who have the potential to be clustered or have decided to be
32 
clustered for a common WTE facility;


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(5) Coordinate the efforts and oversee the implementation of the clustering of 
component cities and municipalities for a common WTE facility; and
(6) Coordinate with other Provincial Solid Waste Management Boards in 
identifying possible inter-province clustering for a common WTE facility based 
on the LCD's location, composition of feedstock, projection of feedstock 
generation, common solid waste management problems, among others, after 
reviewing and integrating the Local Government Solid Waste Management 
Plans of all its component cities and municipalities
Sec. 11. Role o f the City or Municipal Solid Waste Management Board. -  In 
addition to its powers and functions under Republic Act No. 9003, the City or 
Municipal Solid Waste Management Board shall integrate a WTE strategy in the Local 
Government Solid Waste Management Plan.
Sec. 12. Permits and Licenses. -  The procedure for the issuance of permits 
and licenses for all kinds of WTE facilities shall be governed by Republic Act No. 
11234, otherwise known as the Energy Virtual One Stop Shop.
Sec. 13. Prohibited Acts. -  The following acts are prohibited:
(a) For LGUs:
(i) Failure to include and implement the WTE strategy in their respective 
Local Government Solid Waste Management Plans, and 
(il) Failure to enforce proper segregation of waste resulting to a change in 
the composition of the feedstock, which causes the emissions of toxic 
and hazardous fumes;
(b) For government agencies, failure to perform the powers and functions 
indicated under Sections 6, 7, and 8 of this Act; and
(c) For the owner and operator of the WTE facility:
(i) Failure to ensure correct composition of feedstock resulting to the 
emission of toxic and hazardous fumes, and
(ii) Failure to comply with the standards, criteria, guidelines, and formula, 
when applicable, pursuant to Section 6(e) of this Act;
10


1 
(d) Use of imported solid waste as feedstock for a WTE Facility.
2
3 
Sec. 14. Penalties. -  Without prejudice to civil and criminal liability, the
4 
following persons found to have violated the Sections mentioned below shall be
5 
meted with the following penalties:
6 
(a) Officials of LGUs and government agencies who violate Section 13(a):
7 
(i) First offense: six (6) months suspension,
8 
(ii) Second offense: Dismissal from service, perpetual disqualification
9 
from holding public office, and forfeiture of retirement benefits.
10 
(b) Officials of LGUs and government agencies who violate Section 13(b) shall
11 
be suffer dismissal from service, perpetual disqualification from holding
12 
public office, forfeiture of retirement benefits, and imprisonment for one (1)
13 
to six (6) years with a fine of not less than Five hundred thousand pesos
14 
(P500,000.00) but not more than Two million pesos (P2,000,000.00).
15 
(c) Any person who violates Section 13(c)(1) shall pay a fine of One million pesos
16 
(P1,000,000.00) and an amount not less than ten percent (10% ) but not
17 
more than fifteen percent (15% ) of the net annual income during the
18 
previous year, and shall suffer imprisonment of a minimum period of one (1)
19 
year but not to exceed three (3) years at the discretion of the court and
20 
permanent revocation of the license of the WTE facility.
21 
(d) Any person who violates Section 13(c)(ii):
22 
(i) First offense: Fine of One million pesos (P1,000,000.00) and an
23 
amount not less than ten percent (10% ) but not more than fifteen
24 
percent (15% ) of the net annual income during the previous year,
25 
(ii) Second offense: The same penalties as with the first offense including
26 
an additional penalty of imprisonment of a minimum period of one (1)
27 
year but not to exceed three (3) years at the discretion of the court,
28 
(iii) Third offense: The same penalties as with the second offense and
29 
permanent revocation of the license of the WTE facility.
30 
(e) Any person who violates Section 13(d) shall pay a fine of One million pesos
31 
(P1,000,000.00) and an amount not less than ten percent (10% ) but not
32 
more than fifteen percent (15% ) of the net annual income during the


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previous year, and shall suffer imprisonment of a minimum period of one (1) 
year but not to exceed three (3) years at the discretion of the court and 
permanent revocation of the license of the WTE facility. The same person 
shall repatriate the imported solid waste to its country of origin.
For Section 13 (c) and 13(d), if the violation is committed by a corporation, 
partnership, or other juridical entity duly recognized in accordance with the law, the 
chief executive officer, president, general manager, managing partner, or such other 
officer-in-charge shall be liable for the commission of the offense penalized under 
this Act.
Sec. 15. Incentives. -  The incentives for LGUs under Republic Act No. 9003, 
biofuel plants under Republic Act No. 9637, and renewable energy power plants 
under Republic Act No. 9513 shall continue to apply when it comes to the 
construction, operation, and maintenance of WTE facilities constructed after the 
effectivity of this Act, whichever is applicable.
Sec. 16. Congressional Oversight -  The Joint Congressional Oversight 
Committee, created under Republic Act No. 9003, shall exercise oversight powers 
over the solid waste management aspect of the implementation of this Act. 
The 
Joint Congressional Energy Commission, created under Republic Act No. 9136 and 
renamed under Republic Act No. 11285, shall exercise oversight powers over the 
energy aspect of the implementation of this Act.
Sec. 17. Implementing Rules and Regulations. -  The DOE together with the 
DENR, in consultation with the appropriate government agencies mentioned herein 
and energy industry stakeholders, shall issue the implementing rules and regulations 
of this Act within sixty (60) days upon its effectivity.
Sec. 18. 
Amendatory Clause. -  Section 20 of Republic Act No. 8749, 
otherwise known as the Clean Air Act of 1999, and Sections 3(dd), 4, 5, 8, 9, 10, 11,
12


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12, 14, 15, 16, and 17 of Republic Act No. 9003, otherwise known as the Ecological 
Solid Waste Management Act of 2000, are hereby amended.
Sec. 19. Separability Clause. -  If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provisions not affected 
thereby shall remain in force and effect.
Sec. 20. Repealing Clause. -  Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation inconsistent with the 
provisions of this Act is hereby repealed or modified accordingly.
Sec. 21. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or a newspaper of general 
circulation.
Approved,
13