NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
989
l&fl Senate
of tl)c ilferaetni-p
*22 AUG-2 A8 51
RECEIVED BY:
S. No.
Introduced by SENATOR RAMON BONG RE VILLA, JR.
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES
EXPLANATORY NOTE
The country's problem on solid waste remains despite the passage of Republic 
Act No. 9003 or the "Ecological Solid Waste Management Act". According to the 
Department of Environment and Natural Resources, "the country's garbage woes are 
only getting worse, especially in Metro Manila, which generates about 56,000 cubic 
meters of trash per day."
Meanwhile, the country is also continuously struggling for a stable source of 
energy. According to the report of the Asian Development Bank, "Philippines: 
Energy Sector Assessment, Strategy, and Road Map" published in October 2018, 
"Energy security is also emphasized in the DOE's Philippine Energy Plan (PEP) 
2017-2040 which outlines anticipated changes and sets goals for the energy sector 
by 2040. Energy self-sufficiency is becoming ever more challenging as the country's 
main domestic natural gas field, the Malampaya field, depletes. Gas from 
Malampaya Is primarily used in domestic power generation, and the Philippines is at 
a pivotal moment for determining its future energy mix beyond its availability. To 
attain self-sufficiency and provide for growing energy demand, the DOE has sought 
to expand fossil fuel production through exploration and development, and to grow 
the renewable energy sector. In addition, strategies to enhance energy efficiency


and conservation by end users are aimed at reducing the resource availability and 
energy consumption gap."
To address both the problem of excessive solid waste and limited power 
sources, the government is now gearing towards the promotion of waste-to-energy. 
The DENR issued on November 26, 2019 Administrative Order No. 2019-21, 
"Guidelines Governing Waste-to-Energy (WtE) Facilities for the Integrated 
Management of Municipal Solid Wastes to provide guidelines on the evaluation, 
establishment, operation and de-commissioning of WtE facilities for the integrated 
management of municipal solid wastes. The said Administrative Order (AO) defines 
the term "waste-to-energy" or WtE as "the process of converting wastes with various 
technologies, usually the conversion of non-recyclable waste materials into usable 
heat, electricity, or fuel through a variety of processes".
The proposed "Waste-to-Energy Act" seeks to reduce the volume of solid 
waste through the development and utilization of environmentally sustainable new 
and alternative technologies In resource recovery, resource conservation, processing, 
treatment, and disposal of solid waste. At the same time, it aims to support the 
utilization of waste-to-energy facilities in order to attain sustainable energy and 
energy security.
This measure was reported out by the Committee on Energy In the 18th 
Congress.
In view of the foregoing, the Immediate passage of this bill is highly 
recommended.
/f
AOli BONG
RAMOpr BONG REVILLA, JR.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
989
S. No.
iaemie
of t!)C ^crrrrarp
*22 AUG-2 A 8 51
RKCEIVEDBY:
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the " Waste-to-Energy Act
1 
of2022'.
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
4 
(a) ensure protection of the public's health and the environment through a
5 
systematic and comprehensive ecological solid waste management program;
6 
(b) strengthen its commitment to solid waste avoidance and volume reduction by
7 
supplementing the latter with other solid waste management treatment
8 
technologies to include waste-to-energy;
9 
(c) encourage the development and utilization of environmentally-sustainable new
10 
and alternative technologies in resource recovery, 
resource 
conservation,
11 
processing, treatment, and disposal of solid waste, such 
as waste-to-energy
12 
facilities;
13 
(d) support the utilization of waste-to-energy facilities in order to attain sustainable
14 
energy and energy security.


1 
(e) strengthen the integration of solid waste management, waste-to-energy
2 
promotion, and environmental protection towards healthful cities amidst
3 
economic growth and development; and,
4 
(f) promote collaboration, cooperation, and participation of various sectors in
5 
coordinated approaches to solid waste management and waste treatment
6 
technology towards national development and jobs creation.
7 
Sec. 3. Scope and Application. - This Act shall apply to all local government
8 
units and waste-to-energy facilities.
9 
Sec. 4. Definition of Terms. - For purposes of this Act, the following terms
10 
shall be defined as follows:
11 
(a) 
Agricuiturai waste refers to waste generated from planting or harvesting of
12 
crops, trimming or pruning of plants, and wastes or run-off materials from
13 
farms or fields;
14 
(b) 
Biomedical waste or hazardous waste refers to waste from healthcare
15 
facilities that may pose a variety of environmental and health risks. It can
16 
further be classified into sharps waste, infectious waste, pathological and
17 
anatomical waste, pharmaceutical waste, genotoxic waste, chemical waste,
18 
radioactive waste, and pressurized containers as defined by the Department
19 
of Health (DOH);
20 
(c) 
City or Municipal Solid Waste Management Board refers to the entity
21 
established by each city or municipality pursuant to Section 12 of Republic
22 
Act No. 9003, otherwise known as the Ecological Solid Waste Management
23 
Act of 2000;
24 
(d) 
Chemical and Industrial waste refers to discarded solid, liquid, or gaseous
25 
chemicals from laboratories, industrial establishments, or other sources
26 
such as diagnostic and experimental work, environmental work, cleaning,
27 
housekeeping, and disinfecting procedures;
28 
(e) 
Clustering is a strategy of pooling available resources of local government
29 
units (LGUs) for the establishment of a common solid waste management
30 
treatment facility or service;
31 
(f) 
Collection refers to the act of removing solid waste from the source or from
32 
a communal storage point;


1 
(g) 
Disposal refers to the deposit, or placing of any solid waste into an approved
2 
disposal site pursuant to Republic Act No. 9003;
3 
(h) 
Disposal site refers to a facility where solid waste is finally deposited and
4 
placed pursuant to Republic Act No. 9003;
5 
(i) 
Emission means any air contaminant, pollutant, gas stream, or unwanted
6 
sound from a known source which is passed into the atmosphere;
7 
(j) 
Hazardous waste refers to substances that are without any safe commercial,
8 
industrial, agricultural, or economic usage and are shipped, transported, or
9 
brought from the country of origin for dumping or disposal into or in transit
10 
through any part of the Philippines. It shall also refer to by-products, side-
11 
products, process residues, spent reaction media, contaminated plant or
12 
equipment, or other substances from manufacturing operations and as a
13 
customer discards of manufactured products, or a combination of solid
14 
waste which, because of its quantity, concentration, physical, chemical, or
15 
infectious characteristics, may:
16 
i. cause or significantly contribute to an increase in mortality or an
17 
increase in a serious irreversible or incapacitating reversible illness; or,
18 
ii. pose a substantial present or potential hazard to human health or the
19 
environment when improperly treated, stored, transported, or disposed
20 
of, or otherwise managed;
21 
(k) 
Incineration in a WTE facility refers to a waste treatment and resource
22 
recovery technology that involves the controlled combustion of waste
23 
materials for the purpose of recovering energy from it, and whose emissions
24 
and effluents are compliant with the guidelines pursuant to this Act and
25 
other relevant laws, rules, and regulations;
26 
(I) 
Local Government Solid Waste Management Plan refers to the ten (10) year
27 
solid waste management plan, consistent with the National Solid Waste
28 
Management Framework, prepared by the LGUs pursuant to Section 16 of
29 
Republic Act No. 9003;
30 
(m) 
Municipal waste refers to waste produced from activities within LGUs which
31 
include a combination of domestic, commercial, institutional, and industrial
32 
wastes and street litters pursuant to Republic Act No. 9003;


1 
(n) 
National Solid Waste Management Commission (NSWMC) refers to the body
2 
created and primarily tasked with overseeing the implementation of solid
3 
waste management plans and prescribing policies to achieve the objectives
4 
of Republic Act No. 9003;
5 
(o) 
National Solid Waste Management Framework refers to a document
6 
prepared by the NSWMC based on the National Solid Waste Management
7 
Status Report pursuant to Section 15 of Republic Act No. 9003;
8 
(p) 
National Solid Waste Management Status Report refers to a document
9 
prepared by the Department of Environment and Natural Resources
10 
(DENR), which is used as a basis in formulating the National Solid Waste
11 
Management Framework pursuant to Section 14 of Republic Act No. 9003;
12 
(q) 
Poisonous and toxic fumes refer to any emissions and fumes which are
13 
beyond intentionally accepted standards, including but not limited to the
14 
World Health Organization (WHO) are quality guidelines, as provided in
15 
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of
16 
1999;
17 
(r) 
Processing fee refers to the amount paid to avail of the services of a waste-
18 
to-energy facility as defined herein;
19 
(s) 
Provincial Solid Waste Management Board refers to the entity established
20 
by each province pursuant to Section 11 of Republic Act No. 9003;
21 
(t) 
Residue refers to substances that remain after a process in a waste-to-
22 
energy facility such as preparation, separation, purification, evaporation,
23 
combustion, distillation, or filtration;
24 
(u) 
Resource recovery refers to the collection, extraction, or recovery of
25 
recyclable materials from the waste stream for the purpose of recycling,
26 
generating energy, or producing a product suitable for beneficial use;
27 
(v) 
Sanitary landfill refers to a waste disposal site designed, constructed,
28 
operated, and maintained in a manner that exerts engineering control over
29 
significant potential environment impacts arising from the development and
30 
operation of the facility pursuant to Republic Act No. 9003;
31 
(w) 
Segregation refers to a solid waste management practice of separating
32 
different materials found in solid waste in order to promote recycling and


1 
re-use of resources, facilitate waste treatment processes and to reduce the
2 
volume of waste for collection and disposal pursuant to Republic Act No.
3 
9003;
4 
(x) 
Solid waste refers to ail discarded household waste, commercial waste, non-
5 
hazardous institutional and industrial waste, street sweepings, construction
6 
debris, agricultural waste, and other non-hazardous or non-toxic solid
7 
waste;
8 
i. Waste identified or listed as hazardous waste of a solid, liquid, contained,
9 
gaseous, or semisolid form, which may cause or contribute to an
10 
increase In mortality or in serious or Incapacitating reversible illness, or
11 
acute or chronic effect on the health of persons and other organisms;
12 
ii. Infectious waste from hospitals such as equipment, instruments,
13 
utensils, and fomites of a disposable nature from patients who are
14 
suspected to have or have been diagnosed as having communicable
15 
diseases and must therefore be isolated as required by public health
16 
agencies, laboratory wastes as pathological specimens, and disposable
17 
fomites that may harbor or transmit pathogenic organisms, and surgical
18 
operating room pathologic materials from outpatient areas and
19 
emergency rooms; and,
20 
Hi. Waste resulting from mining activities, including contaminated soil and
21 
debris;
22 
(y) 
Solid waste management treatment facility refers to any resource recovery
23 
system or component thereof; any system, program or facility for resource
24 
conservation; or any facility for the collection, source separation, storage,
25 
transportation, transfer, processing, treatment, or disposal of solid waste;
26 
(z) 
Solid waste management refers to the discipline associated with the control
27 
of generation, storage, collection, transfer and transport, processing, and
28 
disposal of solid wastes in a manner that Is In accord with the best principal
29 
of public health, economics, engineering, conservation, aesthetics, and
30 
other environmental considerations, and that is also responsive to the public
31 
attitudes;


1 
(aa) 
M/aste refers to any material misplaced, unused or rejected by persons as
2 
worthless or unwanted. It includes, among others, agricultural, biomedical,
3 
chemical and industrial, hazardous, municipal, and solid wastes;
4 
(bb) 
Waste-to-Energy (WTE) refers to an energy system with a process of
5 
converting WTE feedstock with various technologies, usually the conversion
6 
of non-recyclable waste materials into usable heat, electricity, or fuel
7 
through a variety of processes;
8 
(cc) 
WTE facility refers to the facility where the WTE operations are conducted;
9 
(dd) 
WTE feedstock refers to the waste materials with calorific-value that are
10 
taken in for WTE processing in a WTE facility;
11 
(ee) 
Waste generation refers to the act or process of producing solid waste; and,
12 
(ff) 
WTE strategy refers to a plan of action with measurable targets for the
13 
utilization of WTE facilities for solid waste management treatment and
14 
energy production.
15 
Sec. 5. Waste-to-Energy and Waste-to-Energy Facility. — WTE shall be
16 
classified as another kind of renewable energy resource. A WTE facility shall:
17 
(a) Be both a solid waste management treatment facility and an energy production
18 
facility;
19 
(b) Comply with establishment and operation guidelines for WTE facilities pursuant
20 
to Sections 6(c), 8(c), and 9(b) of this Act;
21 
(c) Ensure the proper management of its residue which should conform to relevant
22 
laws, rules, and regulations and should include making arrangements with a
23 
sanitary landfill, or developing its own, prior to its operations, as a disposal site
24 
for any residue generated from its operations in accordance with the NSWMC,
25 
DENR, and DOH guidelines issued pursuant to this Act; and,
26 
(d) Comply with relevant laws, rules, and regulations including, but not limited to,
27 
Presidential Decree No. 1586, entitled, "Establishing an Environmental Impact
28 
Statement System", Republic Act No. 6969, otherwise known as the "Toxic
29 
Substances and Hazardous and Nuclear Waste Act", Republic Act No. 7638,
30 
otherwise known as the "Department of Energy Act of 1992" as amended,
31 
Republic Act No. 8749, Republic Act No. 9003, Republic Act No. 9136 otherwise
32 
known as the "Electric Power Industry Reform Act of 2001", Republic Act No.


1 
9275 otherwise known as the "Philippine Clean Water Act of 2004" Republic
2 
Act No. 9367 otherwise known as the "Biofuels Act of 2006" Republic Act No.
3 
9513 otherwise known as the "Renewable Energy Act of 2008" Republic Act
4 
No. 11233 otherwise known as the "Universal Health Care Act" and WHO
5 
Guidelines on Air Quality.
6 
All waste treatment technologies in a WTE facility shall be allowed Including
7 
incineration: Provided, That these technologies shall not emit toxic and poisonous
8 
fumes into the environment and shall comply with all the laws mentioned hereof and
9 
other relevant laws, rules, and regulations.
10 
In addition to the provisions of this Act, the segregation, collection, transfer,
11 
storage, and transport of solid waste as WTE feedstock for WTE facility, and the waste
12 
treatment process of the WTE facility shall be governed by Republic Act No. 9003 and
13 
Republic Act No. 8749, while the energy production aspect of the WTE facility shall be
14 
governed by Republic Act No. 7638, Republic Act No. 9136, Republic Act No. 9367,
15 
Republic Act No. 9513, and other relevant laws, rules, and regulations.
16 
Sec. 6. The National Solid Waste Management Commission. - The Secretary
17 
of the Department of Energy shall serve in ex officio capacity as member of the
18 
National Solid Waste Management Commission (NSWMC), which shall now have
19 
fifteen (15) members from the government sector. In addition to its powers and
20 
functions under Republic Act No. 9003, the NSWMC shall:
21 
(a) Include a WTE strategy in the National Solid Waste Management
22 
Framework;
23 
(b)Act as the lead agency in ensuring streamlined standards, criteria, and
24 
guidelines for WTE facilities to avoid inconsistent and conflicting
25 
issuances;
26 
(c) Regularly determine, review, and publish the following:
27 
I. Standards, criteria, and guidelines for:
28 
1) Characterization and composition of solid waste utilized
29 
as WTE feedstock for WTE facilities to ensure emissions
30 
are compliant with Republic Act No. 8749 and other
31 
relevant laws, rules, and regulations;


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2) 
Transport, storage, and pre-processing of WTE 
feedstock;
3) 
Pre-operation, siting, design, 
operation, and
maintenance of WTE facilities;
4) 
Quality control and operational control of WTE 
facilities;
5) 
Management of residue from WTE facilities, if any;
6) 
Pollution abatement, emissions monitoring, 
environmental monitoring, and public health and safety 
monitoring in relation to WTE facilities;
7) 
Decommissioning, closure, and abandonment of WTE 
facilities; and,
8) 
Other guidelines pursuant to relevant laws, rules and 
regulations;
ii. Minimum standards, criteria, and guidelines, in determining a fair, 
equitable, and reasonable processing fee for WTE facilities taking 
into consideration, among others, the cost of construction, 
operation and maintenance of the facility as well as the potential 
revenue from the sale of energy output, in consultation with 
relevant government agencies, experts and stakeholders;
(d) Consolidate and make available to the public, through its website, the 
following:
i. 
Current and potential uses of WTE facilities in relation to solid 
waste management;
ii. 
Inventory of existing WTE facilities;
iii. 
General feedstock characterization;
iv. 
Status and projection of feedstock generation;
V. Specific locations of potential feedstock and WTE facilities; and, 
vi. Other relevant information;
(e) Provide policy guidelines to assist LGUs in the development of WTE 
facilities to include the determination of the potential WTE facilities in 
their respective localities;


1 
(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective
2 
Local Government Solid Waste Management Plans;
3 
(g) Identify and recommend potential clustering of LGUs for a common WTE
4 
facility;
5 
(h) Coordinate with the Provincial, City, and Municipal Solid Waste
6 
Management Boards especially for clustered LGUs employing a common
7 
WTE facility; and,
8 
(i) 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 
Sec. 7. Role of the Department of Energy. - In addition to its powers and
11 
functions under Republic Act No. 7638, the Department of Energy (DOE) shall"
12 
(a) Issue permits to WTE facilities based on the energy output, and determine
13 
the standards, criteria, and requirements applicable for each kind of WTE
14 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic
15 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and
16 
regulations;
17 
(b) Include in WTE strategy in the Philippine Energy Plan, taking into
18 
consideration the National Solid Waste Management Framework;
19 
(c) Regularly submit to the NSWMC and make available to the public, especially
20 
to potential WTE investors, national and local information on the following:
21 
i. Current and potential uses of WTE facilities in relation to solid waste
22 
management;
23 
ii. Inventory of existing WTE facilities; and,
24 
iii. Other relevant information;
25 
(d) Perform all other acts that are analogous to the foregoing, which are
26 
necessary and incidental to accomplish the policy objectives of this Act.
27 
Sec. 8. Role of the Department of Environment and Natural Resources. - In
28 
addition to its powers and functions under Republic Act No. 9003 and Republic Act No.
29 
8749, the DENR shall:
30 
(a) Include a WTE strategy, if feasible, in the National Solid Waste Management
31 
Status Report;


1 
(b) Provide technical and other capacity building assistance and support to LCDs
2 
based on the policy guidelines created by the NSWMC pursuant to Section
3 
6(e) of this Act;
4 
(c) Implement and revise, when necessary, together with the DOH, existing
5 
guidelines issued pursuant to Republic Act No. 9003 on waste transport,
6 
pre-operation, waste acceptance, waste storage, pre-processing of waste,
7 
quality control, operational control, pollution abatement, management of
8 
residue, emissions monitoring, environmental monitoring, public health and
9 
safety monitoring, decommissioning, closure, and abandonment, among
10 
others, taking into account the NSWMCs standards, criteria, and guidelines
11 
under Section 6(c) of this Act and other relevant laws, rules and regulations,
12 
and in consultation with relevant stakeholders;
13 
(d) Ensure compliance with Section 8(c) of this Act to include continuous
14 
monitoring and testing of by-products of WTE facilities;
15 
(e) Make available to the public, through its website, the emissions, effluents
16 
and other by-products of WTE facilities;
17 
(f) Investigate, motu propio or upon complaint, reports of non-compliance of
18 
WTE facilities with the provisions of this Act and other relevant laws, rules,
19 
and regulations;
20 
(g) Exercise visitorial and enforcement powers to ensure strict compliance of
21 
WTE facilities with this Act, Republic Act No. 9003, Republic Act No. 8749,
22 
and other relevant laws, rules, and regulations;
23 
(h) Recommend to the NSWMC policies to address challenges of WTE facilities
24 
from a solid waste management perspective; and,
25 
(i) Perform all other acts that are analogous to the foregoing, which are
26 
necessary and incidental to accomplish the policy objectives of this Act.
27 
Sec. 9. Role of the Department of Health. — In addition to its existing powers
28 
and functions, the DOH shall:
29 
(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to
30 
Republic Act No. 11223 and Presidential Decree No. 1586, as part of the
31 
Environmental Impact Assessment System, to be jointly reviewed and approved
32 
by the DOH and DENR prior to construction and operation;
10


1 
(b) Implement and revise, when necessary, together with DENR, existing
2 
guidelines issued pursuant to Republic Act No. 9003 on waste transport, pre-
3 
operation, waste acceptance, waste storage, pre-processing of waste, quality
4 
control, operational control, pollution abatement, management of residue,
5 
emissions monitoring, environmental monitoring, public health and safety
6 
monitoring, decommissioning, closure, and abandonment, among others,
7 
taking into account the NSWMCs standards, criteria, and guidelines under
8 
Section 6 (c) of this Act and other relevant laws, rules, and regulations, and in
9 
consultation with relevant stakeholders;
10 
(c) Regularly conduct an analysis of the effects of WTE facilities and disposal sites
11 
on public health and submit the same to the NSWMC for consolidation, and
12 
DENR for proper action, if applicable;
13 
(d) Undertake research on the public health impact of WTE facilities together with
14 
government agencies, the academe, and private stakeholders;
15 
(e) Make available to the public, through its website, studies and analyses of the
16 
effects of WTE facilities and disposal sites on public health; and,
17 
(f) Perform all other acts that are analogous to the foregoing, which are necessary
18 
and incidental to accomplish the policy objectives of this Act.
19 
Sec. 10. Role of Local Government Units. - In addition to their powers,
20 
functions, and responsibilities under Republic Act No. 7160 otherwise known as the
21 
Local Government Code of 1991, and Republic Act No. 9003, LGUs shall:
22 
(a) In the case of a city or municipality and if applicable, be responsible for
23 
the hauling of WTE feedstock to a WTE facility;
24 
(b) In the case of a province and if applicable, provide necessary logistical
25 
and operational support for the processing of WTE feedstock in a WTE
26 
facility;
27 
(c) Include a WTE strategy, if feasible, in their respective Local Government
28 
Solid Waste Management Plans;
29 
(d) Comply with the standards, criteria, and guidelines on WTE feedstock
30 
and WTE facilities pursuant to Sections (c), 8(c) and 9(b) of this Act, if
31 
applicable; and,
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li.
III.
(e) Be authorized to enter into and shall comply with all obligations under 
the following:
i. Clustering arrangements with other LGUs for a common WTE 
facility, on their own or upon recommendation of the Provincial 
Solid Waste Management Board or the NSWMC: Provided, That 
the province shall have the power to cluster component cities and 
municipalities based on the NSWMC approved provincial and local 
solid waste management plans and the recommendation of the 
NSWMC pursuant to Section 6(g) of this Act;
Long term contracts with WTE facilities, on their own or with 
clustered LGUs; and.
Public private partnerships pursuant to Republic Act No. 6957 
otherwise known as "An Act Authorizing the Financing, 
Construction, Operation and Maintenance of Infrastructure 
Projects by the Private Sector, and for Other Purposes", as 
amended, cooperative undertakings under Section 33 of Republic 
Act No. 7160, and other contractual arrangements provided for 
under existing laws, rules, regulations as well as the LGUs' 
respective charters for the establishment of WTE facilities: 
Provided, That WTE projects submitted to the Investment 
Coordinating Committee pursuant to Republic Act No. 6957, as 
amended, shall be acted upon within thirty (30) working days 
from submission: Provided further. That failure to act within the 
prescribed time frame shall deem such projects approved.
The national government shall provide support to all LGUs towards the effective 
implementation and the achievement of the policy objectives of this Act.
Sec. 11. Roie of the Provinciai Soiid Waste Management Board. - In addition 
to its powers and functions under Republic Act No. 9003, the Provincial Solid Waste 
Management Board shall:
(a) Integrate a WTE strategy, If feasible, in the Provincial Solid Waste Management 
Plan taking into consideration the Local Government Solid Waste Management 
Plans of all its component cities and municipalities;
12


1 
(b) Recommend potential locations for WTE facilities in the Provincial Solid Waste
2 
Management Plan;
3 
(c) Identify and recommend, or direct pursuant to Section 10 of this Act, clustering
4 
of component cities and municipalities for a common WTE facility, based on the
5 
Local Government Solid Waste Management Plans of all its component cities
6 
and municipalities;
7 
(d) Provide the necessary logistical and operational support to component cities
8 
and municipalities who have the potential to be clustered pursuant to Section
9 
10 of this Act, for a common WTE facility;
10 
(e) Coordinate the efforts and oversee the implementation of the clustering of
11 
component cities and municipalities for a common WTE facility; and
12 
(f) Coordinate with other Provincial, City, and Municipal Solid Waste Management
13 
Boards in identifying possible inter- and intra-province clustering for a common
14 
WTE facility.
15 
Sec. 12. Role of the City or Municipal Solid Waste Management Board. - In
16 
addition to its powers and functions under Republic Act No. 9003, the City or Municipal
17 
Solid Waste Management Board shall integrate a WTE strategy, if feasible, in its Local
18 
Government Solid Waste Management Plan, and shall submit a copy thereof to the
19 
Provincial Solid Waste Management Board.
20 
Sec. 13. Permits and Licenses. - The procedure for the issuance of permits
21 
and licenses for all kinds of WTE facilities shall be governed by Republic Act No, 11234,
22 
otherwise known as the Energy Virtual One-Stop Shop Act.
23 
Sec. 14. Prohibited Acts. ~ The following acts are prohibited:
24 
(a) For LGUs:
25 
I. Failure to include if feasible, and implement, if applicable, the WTE
26 
strategy in their respective Local Government Solid Waste Management
27 
Plans; and,
28 
ii. Failure to perform the responsibilities in Section 10 on the Role of Local
29 
Government Units, Section 11 on the Role of the Provincial Solid Waste
30 
Management Board, and Section 12 on the Role of the City or Municipal
31 
Solid Waste Management Board;
13


1 
(b) For government agencies, failure to perform the powers and functions indicated
2 
under Section 6 on the National Solid Waste Management Commission, Section
3 
7 on the Role of the Department of Energy, Section 8 on the Role of the
4 
Department of Environment and Natural Resources, and Section 9 on the Role
5 
of the Department of Health; and,
6 
(c) For WTE facilities:
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i. Failure to comply with the responsibilities in Section 5 on Waste-to-
8 
Energy and Waste-to-Energy Facility; and,
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ii. Use of imported municipal solid waste as WTE feedstock for a WTE
10 
facility.
11 
Sec. 15. Penalties. - Without prejudice to civil and criminal liability, the
12 
following persons found to have violated the Sections mentioned below shall be meted
13 
with the following penalties:
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(a) Officials of LGUs and government agencies who violate Section 14(a):
15 
I. 
First offense: six (6) months suspension;
16 
ii. 
Second offense: dismissal from service, perpetual disqualification from
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holding public office, and forfeiture of retirement benefits;
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(b) Officials of LGUs and government agencies who violate Section 14(b) shall
19 
suffer dismissal from service, perpetual disqualification from holding public
20 
office, forfeiture of retirement benefits, and imprisonment for one (1) to six (6)
21 
years with a fine of not less than Five hundred thousand pesos (P500,000.00)
22 
but not more than Two million pesos (P2,000,000.00);
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(c) Any person who violates Section 14 (c)(1):
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I. First offense: fine of One million pesos (PI,000,000.00) and an amount
25 
not less than ten percent (10%) but not more than fifteen percent (15%)
26 
of the net annual income during the previous year;
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ii. Second offense: the same penalties as with the first offense including an
28 
additional penalty of imprisonment of a minimum period of one (1) year
29 
but not to exceed three (3) years;
30 
iii. Third offense: the same penalties as with the second offense and
31 
permanent revocation of the license of the WTE facility;
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1 
(d) Any person who violates Section 14(c)(ii) shall pay a fine of One million pesos
2 
(P1,000A000.00) and an amount not less than ten percent (10%) but not more
3 
than fifteen percent (15%) of the net annual income during the previous year,
4 
and shall suffer imprisonment of a minimum period of one (1) year but not to
5 
exceed three (3) years and permanent revocation of the license of the WTE
6 
facility. The same person shall repatriate the imported municipal solid waste
7 
to its country of origin,
8 
For Section 14, if the violation is committed by a corporation, partnership, or
9 
other juridical entity duly recognized in accordance with the law, the chief executive
10 
officer, president, general manager, managing partner, or such other officer-ln-charge
11 
shall be liable for the commission of the offense penalized under this Act.
12 
Sec. 16. Incentives. - WTE facilities, depending on their output, shall be
13 
entitled to avail of the incentives under 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.
16 
Sec. 17. Establishment of Dedicated Offices. — The DOE, DENR, DOH and
17 
NSWMC shall establish dedicated offices for the effective implementation of this Act.
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The organizational structure and staffing complement shall be determined by the
19 
Secretaries of DENR, DOE, and DOH, in consultation with the Department of Budget
20 
and Management, and in accordance with existing civil service rules and regulations.
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The budgetary requirements necessary for the establishment of the dedicated offices
22 
shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC.
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Thereafter, the funding for the dedicated offices shall be included In the annual
24 
General Appropriations Act.
25 
Sec. 18. Appropriations. - The amount of Fifteen million pesos
26 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for DENR,
27 
Forty five million pesos (P45,000,000.00) for DOH, and Twenty seven million
28 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be charged
29 
against the current year's appropriations of the DOE, DENR, DOH, and NSWMC
30 
respectively. Thereafter, such amounts necessary for the sustainable implementation
31 
of this Act shall be included in the Annual General Appropriations Act.
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Sec. 19. Congressional Oversight - The Joint Congressional Energy
2 
Commission (JCEC), created under Republic Act No. 9136 and renamed under Republic
3 
Act No. 11285, shall exercise oversight powers over the implementation of this Act.
4 
The Chairpersons of the Committee on Environment and Natural Resources of the
5 
Senate and the House of Representatives shall be automatic members of the JCEC.
6 
Sec. 20. Implementing Rules and Regulations. — The DOE together with the
7 
DENR, in consultation with DOH, NSWMC, Department of the Interior and Local
8 
Government, and public and private stakeholders, shall issue the implementing rules
9 
and regulations of this Act within ninety (90) calendar days upon its effectivity.
10 
Sec. 21. Separability Clause. - If any provision or part hereof is held invalid or
11 
unconstitutional, the remainder of the law or the provision or part not otherwise
12 
affected shall remain valid and subsisting.
13 
Sec. 22. Repealing Clause. - Any law, presidential decree or issuance,
14 
executive order, letter of instruction, administrative order, rule, or regulation contrary
15 
to or inconsistent with the provisions of this Act are hereby repealed, modified, or
16 
amended accordingly.
17 
Sec. 23. Effectivity. — This Act shall take effect fifteen (15) days after its
18 
publication in the Official Gazette ov in a newspaper of general circulation.
Approved,
16