TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
W . * vv I. i
J f- /#fficr o( ilic £•!
25 AUG-4 P6 :13
S. No.
SENATE
884
lUXElVEO By.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING A NATIONAL POLICY AND REGULATORY FRAMEWORK FOR 
FACILITIES UTILIZING WASTE-TO-ENERGY TECHNOLOGIES
EXPLANATORY NOTE
Take the success story of Sweden1: Only 1% of Sweden's trash is sent to 
landfills - 52% is converted into energy and the remaining 47% gets recycled. The 
amount of energy generated from waste alone provides heating to one million homes 
and electricity to 250,000.
In Japan, one of the countries with the most cutting-edge waste-to-energy 
technologies, biomass and waste generated a combined capacity of 4.2 GW in 2020, 
and both are considered as reliable sources of energy (unlike other renewable sources 
such as solar and wind) which can generate electricity in the wake of disasters.2
Waste-to-energy (WTE) is a system of converting non-recyclable waste 
materials into heat, electricity, or fuel using various processes. There are already 
hundreds of WTE plants operating in different countries, including six in the
1 "Turning Waste to Energy: Sweden's Recycling Revolution."
https://www.blueoceanstrateRv.com/blog/turning-waste-energv-sweden-recvcling-revolution/
2 The Electric Power Industry in Japan 2022. https://www.iepic.or.ip/pub/pdf/epiiJepic2022.pdf


Philippines, which seek to solve two pressing concerns; effective waste management 
and energy security.
This measure was reported out by the Senate Committee on Energy during the 
19th Congress and is one of the legislative priorities identified under the Philippine 
Development Plan 2023-2028. The PDP recognized that solid waste continues to be a 
significant issue such that in 2020, the estimated volume of waste generated was close 
to 17 million metric tons (MMT) with almost a third coming from Metro Manila3. It also 
noted that only 39% of all barangays are served by material recovery facilities (MRF) 
and only 29% by sanitary landfill facilities, and solid waste diversion including recycling 
and composting remained low at 54% as of 2021.4
This proposed bill strengthens and expands executive issuances related to WTE 
facilities, as it ensures that such entities shall strictly comply with the stringent 
requirements of environmental protection and public health laws, including the Clean 
Air Act. To wit, the Department of Environment and Natural Resources (DENR) issued 
Administrative Order No. 2019-21, a set of guidelines on the evaluation, 
establishment, operation and de-commissioning of WTE facilities for the integrated 
management of municipal solid wastes. In addition, the Department of Energy issued 
"Policy Program for the Enhancement of Biomass Waste-to-Energy Development" to 
promote biomass WTE facilities as baseload Renewable Energy which can contribute 
to additional supply forces, solid waste management, benefit to the local economy, 
and create green jobs, among others.5
In view of the foregoing, the enactment of this legislation is hereby 
recommended.
—L—
^<nNGGOY EJERCITO ESTRADA
3 Philippine Development Plan 2023-2028, Chapter 12; Expand and Upgrade Infrastructure, Page 273
4 Ibid.
5 IDepartment Circular No. DC2022-02-0002


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
0( llii.- 1 ‘
25 AUG-4 P6:13
S. No.
SENATE
884
RIXEIVEDBV;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING A NATIONAL POLICY AND REGULATORY FRAMEWORK FOR 
FACILITIES UTILIZING WASTE-TO-ENERGY TECHNOLOGIES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Act.
Section 1. Short Title. - This Act shall be referred to as the " Waste-to-Energy
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
a) Ensure protection of the public's health and the environment through a 
systematic and comprehensive ecological solid waste management 
program;
b) Strengthen its commitment to solid waste avoidance and volume reduction 
by supplementing the latter with other solid waste management treatment 
technologies to include waste-to-energy;
c) Encourage the development and utilization of environmentally sustainable 
new and alternative technologies in resource recovery, resource 
conservation, processing, treatment, and disposal of solid waste, such as 
waste-to-energy facilities;
d) Support the utilization of waste-to-energy facilities in order to attain 
sustainable energy and energy security;


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e) Strengthen the integration of solid waste management, waste-to-energy
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promotion, and environmental protection towards healthful cities amidst
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economic growth and development; and
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f) Promote collaboration, cooperation, and participation of various sectors in
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coordinated approaches to solid waste management and waste treatment
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technology towards national development and jobs creation.
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Sec. 3. Scope and Application. - This Act shall apply to all local government
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units (LGU) and waste-to-energy (WTE) facilities.
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Sec. 4. Definition of Terms. - For purposes of this Act, the following terms shall
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be defined as stated below:
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a) Agricultural waste - refers to waste generated from planting or harvesting
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of crops, trimming or pruning of plants, and wastes or run-off materials from
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farms or fields;
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b) Biomedical waste or hazardous healthcare waste - refers to waste from
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healthcare facilities that may pose a variety of environmental and health
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risks. It can be further classified into sharps waste, infectious waste,
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pathological and anatomical waste, pharmaceutical waste, genotoxic waste,
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chemical waste, radioactive waste, and pressurized containers as defined by
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the Department of Health (DOH);
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c) City or Municipal Solid Waste Management Board - refers to the entity
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established by each city or municipality pursuant to Section 12 of Republic
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Act No. 9003, otherwise known as the Ecological Solid Waste Management
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Act of 2000, as amended;
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d) Chemical and industrial waste- refers to discarded solid, liquid, or gaseous
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chemicals from laboratories, industrial establishments, or other sources such
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as diagnostic and experimental work, environmental work, cleaning,
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housekeeping, and disinfecting procedures;
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e) Clustering - refers to the strategy of pooling available resources of local
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government units (LGUs) for the establishment of a common solid waste
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management treatment facility or service;
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f) Collection - refers to the act of removing solid waste from the source or
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from a communal storage point;


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g) Disposal - refers to the deposit, or placing of any solid waste into an 
approved disposal site pursuant to Republic Act No. 9003, as amended;
h) Disposal site - refers to a facility where solid waste is finally deposited and 
placed pursuant to Republic Act No. 9003, as amended;
i) Emission-refers to any air contaminant, pollutant, gas stream, or unwanted 
sound from a known source which is passed into the atmosphere;
j) Hazardous waste - refers to substance that are without any safe 
commercial, industrial, agricultural, or economic usage. It shall also refer to 
by-products, side-products, process residues, spent reaction media, 
contaminated plant or equipment, or other substances from manufacturing 
operations and as a customer discard of manufactured products, or a 
combination of solid waste which, because of its quantity, concentration, 
physical, chemical or infectious characteristics, may:
i) 
Cause or significantly contribute to an increase in mortality or an 
increase in a serious irreversible or incapacitating reversible illness; 
or
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Pose a substantial present or potential hazard to human health or the 
environment when improperly treated, stored, transported, or 
disposed of, or otherwise managed.
k) Incineration in a WTE facility - refers to a waste treatment and resource 
recovery technology that involves the controlled combustion of waste 
materials for the purpose of recovering energy from it, and whose emissions 
and effluents are compliant with the guidelines pursuant to this Act and 
other relevant laws, rules and regulations;
l) Local Government Solid Waste Management Rian - refers to the ten (10)- 
year solid waste management plan, consistent with the National Solid Waste 
Management Framework, prepared by the LCDs pursuant to Section 16 of 
Republic Act No. 9003, as amended;
m) Municipal waste - refers to waste produced from activities within LCDs 
which include a combination of domestic, commercial, institutional, and 
industrial wastes and street litters pursuant to Republic Act No. 9003, as 
amended;


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n) National Solid Waste Management Commission (NSWMC) - refers to the 
body created and primarily tasked with overseeing the implementation of 
solid waste management plans and prescribed policies to achieve the 
objectives of Republic Act No. 9003, as amended;
o) National Solid Waste Management Framework - refers to a document 
prepared by the NSWMC based on the National Solid Waste Management 
Status Report pursuant to Section 15 of Republic Act No. 9003, as amended;
p) National Solid Waste Management Status Report - refers to a document 
prepared by the Department of Environment and Natural Resources (DENR), 
which is used as a basis in formulating the National Solid Waste 
Management Framework pursuant to Section 14 of Republic Act No. 9003, 
as amended;
q) Poisonous and toxic fumes - refers to any emissions and fumes which are 
beyond internationally accepted standards, including but not limited to the 
World Health Organization (WHO) air quality guidelines, as provided in 
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of 
1999;
r) Processing fee - refers to the amount paid to avail of the services of a 
waste-to-energy facility as defined herein;
s) Provincial Solid Waste Management Board- refers to the entity established 
by each province pursuant to Section 11 of Republic Act No. 9003, as 
amended;
t) Residue - refers to substances that remain after a process in a waste-to- 
energy facility such as preparation, separation, purification, evaporation, 
combustion, distillation or filtration;
u) Resource recovery - refers to the collection, extraction, or recovery of 
recyclable materials from the waste stream for the purpose of recycling, 
generating energy, or producing a product suitable for beneficial use;
v) Sanitary landfill - refers to a waste disposal site designed, constructed, 
operated, and maintained in a manner that exerts engineering control over 
significant potential environment impacts arising from the development and 
operation of the facility pursuant to Republic Act No. 9003, as amended;


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w) Segregation - refers to a solid waste management practice of separating 
different materials found in solid waste in order to promote recycling and 
re-use of resources, facilitate waste treatment processes, and to reduce the 
volume of waste for collection and disposal pursuant to Republic Act No. 
9003, as amended;
x) Solid waste - refers to all discarded household waste, commercial waste, 
non-hazardous institutional and industrial waste, street sweepings, 
construction debris, agricultural waste, and other non-hazardous or non­
toxic solid waste. It shall not include:
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Waste identified or listed as hazardous waste of a solid, liquid, 
contained gaseous, or semisolid form, which may cause or contribute 
to an increase in mortality or in serious incapacitating reversible 
illness, or acute or chronic effect on the health of persons and other 
organisms;
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Infectious waste from hospitals such as equipment, instruments, 
utensils, and fomites of a disposable nature from patients who are 
suspected to have or have been diagnosed as having communicable 
diseases and must therefore be isolated as required by public health 
agencies, laboratory wastes as pathological specimens, and 
disposable fomites that may harbor or transmit pathogenic 
organisms, and surgical operating room pathologic materials from 
outpatient areas and emergency rooms; and
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Waste resulting from mining activities, including contaminated soil 
and debris;
y) Solid waste management treatment facility- refers to any resource recovery 
system or component thereof; any system, program, or facility for resource 
conservation; or any facility for the collection, source separation, storage, 
transportation, transfer, processing, treatment, or disposal of solid waste;
z) Solid waste management - refers to the discipline associated with the 
control of generation, storage, collection, transfer and transport, processing, 
and disposal of solid wastes in a manner that is in accord with the best 
principles of public health, economics, engineering, conservation.


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aesthetics, and other environmental considerations, and that is also
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responsive to the public attitudes;
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aa) M/aste - refers to any material misplaced, unused, or rejected by persons
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as worthless or unwanted. It includes, among others, agricultural,
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biomedical, chemical and industrial, hazardous, municipal and solid wastes;
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bb) Waste-to-Energy (WTE) - refers to an energy system, with a process of
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converting WTE feedstock with various technologies, usually the conversion
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of non-recyclable waste materials into usable heat, electricity, or fuel
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through variety of processes;
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cc) WTE facility- refers to the facility where the WTE operations are conducted;
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dd) WTE feedstock - refers to the waste materials with calorific-value that are
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taken in for WTE processing in a WTE facility;
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ee) Waste generation - refers to the act or process of producing solid waste;
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and
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ff) WTE strategy - refers to a plan of action with measurable targets for the
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utilization of WTE facilities for solid waste management treatment and
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energy production.
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Sec. 5. Waste-to-Energy and Waste-to-Energy Facility. - WTE shall be classified
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as another kind of renewable energy resource. A WTE facility shall:
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a) Be both a solid waste management treatment facility and an energy
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production facility;
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b) Comply with the establishment and operation guidelines for WTE facilities
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pursuant to Sections 6(c), 8(c), and 9(b) of this Act;
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c) Ensure the proper management of its residue which should conform to
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relevant laws, rules, and regulations and should Include making
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arrangements with a sanitary landfill, or developing its own, prior to its
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operations, as a disposal site for any residue generated from its operations
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in accordance with NSWMC, DENR, and DOH guidelines issued pursuant to
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this Act; and
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d) Comply with relevant laws, rules and regulations including but not limited
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to Presidential Decree No. 1586 Establishing an Environmental Impact
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Statement System; Republic Act No. 6969 otherwise known as the Toxic


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Substances and Hazardous and Nuclear Waste Act; Republic Act No. 7638
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otherwise known as the Department of Energy Act of 1992, as amended;
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Republic Act No. 8749; Republic Act No. 9003, as amended; Republic Act
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No. 9136, otherwise known as the Electric Power Industry Reform Act of
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2001; Republic Act No. 9275, otherwise known as the Philippine Clean Water
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Act of 2004; Republic Act No. 9367, otherwise known as the Biofuels Act of
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2006; Republic Act No. 9513, otherwise known as the Renewable Energy
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Act of 2008; Republic Act No. 11223, otherwise known as the Universal
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Health Care Act, and WHO Guidelines on Air Quality.
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All waste treatment technologies in WTE facility shall be allowed including
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incineration: Provided, That these technologies shall not emit toxic and poisonous
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fumes into the environment, operate it in compliance with best available techniques
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and/or best existing practices for preventing and controlling pollution from waste
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treatment, and shall comply with all the laws mentioned hereof and other relevant
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laws, rules and regulations.
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In addition to the provisions of this Act, the segregation, collection, transfer,
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storage and transport of solid waste as WTE feedstock for a WTE facility, and the
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waste treatment process of the WTE facility shall be governed by Republic Act No.
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9003, as amended, and Republic Act No. 8749, while the energy production aspect of
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the WTE facility shall be governed by Republic Act No. 7638, Republic Act No. 9136,
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Republic Act No. 9367, Republic Act No. 9513, and other relevant laws, rules and
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regulations.
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Sec. 6. The National Solid Waste Management Commission. -The Secretary of
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the Department of Energy shall serve in ex-officio capacity as member of the National
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Solid Waste Management Commission (NSWMC), which shall now have fifteen (15)
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members comprising of nine (9) members from the government sector and six (6)
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members from the private sector. In addition to its powers and functions under
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Republic Act No. 9003, as amended, the NSWMC shall:
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a) Include a WTE strategy in the National Solid Waste Management
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Framework;
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b)Act as the lead agency in ensuring streamlined standards, criteria, and
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guidelines for WTE facilities to avoid inconsistent and conflicting issuances;


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c) Regularly determine, review, and publish the following:
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Standards, criteria, and guidelines for:
1) Determination of the feasibility of integrating a WTE strategy in 
the Local Government Solid Waste Management Plan, taking into 
account the volume of WTE feedstock that may be generated 
from municipal waste in an LGU or clusters thereof;
2) Characterization and composition of solid waste utilized as WTE 
feedstock for WTE facilities to ensure emissions are compliant 
with Republic Act No. 8749, and other relevant laws, rules and 
regulations;
3) Transport, storage, and pre-processing of WTE feedstock;
4) Pre-operation, siting, design, operation, and maintenance of 
WTE facilities;
5) Quality control and operational control of WTE facilities;
6) Management of residue from WTE facilities, if any;
7) Pollution abatement, emissions monitoring, environmental 
monitoring, and public health and safety monitoring in relation to 
WTE facilities;
8) Decommissioning, closure, and abandonment of WTE facilities, 
and
9) 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 and any 
online means, the following:
i) Current and potential uses of WTE facilities in relation to solid 
waste management;


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ii) 
Inventory of existing WTE facilities;
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General feedstock characterization;
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iv) Status and projection of feedstock generation;
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Specific locations of potential feedstock and WTE facilities; and
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Other relevant information.
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e) Provide policy guidelines to assist LGUs in the development of WTE facilities
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to include the determination of the potential of WTE facilities in their
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respective localities;
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f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective
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Local Government Solid Waste Management Plans;
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g) Identify and recommend potential clustering of LGUs for a common WTE
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facility in accordance with the standards to be set forth in the Implementing
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Rules and Regulations;
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h) Coordinate with the Provincial, City, and Municipal Solid Waste
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Management Boards especially for clustered LGUs employing a common
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WTE facility; and
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i) Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 7. Role of the Department of Energy. - In addition to its powers and
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functions under Republic Act No. 7638, the Department of Energy shall:
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a) Issue permits to WTE facilities based on the energy output, and determine
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the standards, criteria and requirements applicable for each kind of WTE
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facility pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic
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Act No. 9367, Republic Act No. 9513, and other laws, rules and regulations;
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b) Include a WTE strategy in the Philippine Energy Plan, taking into
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consideration the National Solid Waste Management Framework;
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c) Regularly submit to the NSWMC and make available to the public, especially
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to potential WTE investors, national and local information on the following:
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i) Current and potential uses of WTE facilities in relation to solid waste
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management;
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ii) Inventory of existing WTE facilities; and
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iii) Other relevant information.


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d) Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 8. Role of the Department of Environment and Natural Resources. - In
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addition to its powers and functions under Republic Act No. 9003, as amended, and
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Republic Act No. 8749, the DENR shall:
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a) Include a WTE strategy, if feasible, in the National Solid Waste Management
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Status Report;
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b) Provide technical and other capacity building assistance and support to LGUs
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based on the policy guidelines created by the NSWMC pursuant to Section
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6(e) of this Act;
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c) Implement and revise, when necessary, together with the DOH, existing
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guidelines issued pursuant to Republic Act No. 9003, as amended, on waste
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transport, pre-operation, waste acceptance, waste storage, pre-processing
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of waste, quality control, operational control, pollution abatement,
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management of residue, emissions monitoring, environmental monitoring,
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public health and safety monitoring, decommissioning, closure, and
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abandonment, among others, taking into account the NSWMC's standards,
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criteria, and guidelines under Section 6(c) of this Act and other relevant
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laws, rules and regulations, and in consultation with relevant stakeholders;
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d) Ensure compliance with Section 8(c) of this Act to include continuous
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monitoring and testing of by-products of WTE facilities;
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e) Make available to the public, through its website and any online means, the
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emissions, effluents, and other by-products of WTE facilities;
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f) Investigate, motu proprio or upon complaint, reports of non-compliance of
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WTE facilities with the provisions of this Act and other relevant laws, rules
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and regulations;
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g) Exercise visitorial and enforcement powers to ensure strict compliance of
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WTE facilities with this Act, Republic Act No. 9003, as amended. Republic
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Act No. 8749, and other relevant laws, rules, and regulations;
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h) Recommend to the NSWMC policies to address challenges of WTE facilities
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from a solid waste management perspective; and
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i) Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 9. Role of the Department of Health. - In addition to its existing powers
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and functions, the DOH shall;
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a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to
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Republic Act No. 11223 and Presidential Decree No. 1586, as part of the
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Environmental Impact Assessment System, to be jointly reviewed and
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approved by the DOH and DENR prior to construction and operation;
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b) Implement and revise, when necessary, together with the DENR, existing
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guidelines issues pursuant to Republic Act No. 9003, as amended, on waste
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transport, pre-operation, waste acceptance, waste storage, pre-processing
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of waste, quaiity control, operational control, pollution abatement,
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management of residue, emissions monitoring, environmental monitoring,
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public health and safety monitoring, decommissioning, closure and
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abandonment, among others, taking into account the NSWMCs standards,
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criteria, and guidelines under Section 6(c) of this Act and other relevant
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laws, rules and regulations, and in consultation with relevant stakeholders;
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c) Regularly conduct an analysis of the effects of WTE facilities and disposal
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sites on public health and submit the same to the NSWMC for consolidation,
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and DENR for proper action, if applicable;
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d) Undertake research on the public health impact of WTE facilities together
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with government agencies, the academe, and private stakeholders;
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e) Make available to the public, through its website and any online means,
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studies and analyses of the effects of WTE facilities and disposal sites on
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public health; and
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f) Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 10. Role of Local Government Units. -In addition to their powers, functions
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and responsibilities under Republic Act No. 7160 otherwise known as the Local
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Government Code of 1991, and Republic Act No. 9003, as amended, the LGUs shall:
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a) In the case of a city or municipality and if applicable, be responsible for the
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hauling of WTE feedstock to a WTE facility;
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b) In the case of a province and if applicable, provide necessary logistical and
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operational support for the processing of WTE feedstock in a WTE facility;
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c) Include a WTE strategy, if feasible, in their respective Local Government
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Solid Waste Management Plans;
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d) Comply with the standards, criteria, and guidelines on WTE feedstock and
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WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if
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applicable; and
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e) Be authorized to enter into and shall comply with all obligations under the
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following:
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i) 
Clustering arrangements with other LGUs for a common WTE facility,
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on their own or upon recommendation of the Provincial Solid Waste
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Management Board or the NSWMC: Provided, That the province shall
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have the power to cluster component cities and municipalities based
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on the NSWMC approved provincial and local solid waste
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management plans and recommendation of the NSWMC pursuant to
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Section 6(g) of this Act;
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Long-term contracts with WTE facilities, on their own or with
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clustered LGUs; and
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Hi) Public-private partnerships pursuant to Republic Act No. 6957,
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otherwise known as An Act Authorizing the Financing, Construction,
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Operation, and Maintenance of Infrastructure Projects by the Private
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Sector, and For Other Purposes, as amended, cooperative
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undertakings under Section 33 of Republic Act No. 7160, and other
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contractual arrangements provided for under existing laws, rules and
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regulations as well as the LGU's respective charters for the
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establishment of WTE facilities: Provided, That WTE projects
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submitted to the Investment Coordinating Committee pursuant to
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Republic Act No. 6957, as amended, shall be acted upon thirty (30)
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working days from submission: Provided further. That failure to act
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within the prescribed time frame shall deem such projects approved.
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The national government shall provide support to all LGUs towards the effective
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implementation and the achievement of the policy objectives of this Act: Provided,
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That the provision of support by the national government shall be compliant with the
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provisions of all relevant, rules and regulations.
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Sec. 11. Role of the Provincial Solid Waste Management Board. - In addition to
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its powers and functions under Republic Act No. 9003, as amended, the Provincial
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Solid Waste Management Board shall:
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a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste
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Management Plan taking into consideration the Local Government Solid
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Waste Management Plans of all its component cities and municipalities;
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b) Recommend potential locations for WTE facilities in the Provincial Solid
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Waste Management Plan;
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c) Identify and recommend, or direct pursuant to Section 10 of this Act,
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clustering of component cities and municipalities for a common WTE facility,
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based on the Local Government Solid Waste Management Plans of all its
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component cities and municipalities;
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d) Provide the necessary logistical and operation support to component cities
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and municipalities who have the potential to be clustered, have decided to
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be clustered, or have been directed to be clustered pursuant to Section 10
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of this Act, for a common WTE facility;
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e) Coordinate the efforts and oversee the implementation of the clustering of
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component cities and municipalities for a common WTE facility; and
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f) Coordinate with other Provincial, City, and Municipal Solid Waste
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Management Boards in identifying possible inter- and intra-province
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clustering for a common WTE facility.
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Sec. 12. Role of the City or Municipal Solid Waste Management Board. - In
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addition to its powers and functions under Republic Act No. 9003, as amended, the
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City or Municipal Solid Waste Management Board shall integrate a WTE strategy, if
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feasible, in its Local Government Solid Waste Management Plan, and shall submit a
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copy thereof to the Provincial Solid Waste Management Board.
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Sec. 13. Roie of the Public-Private Partnership Center. - The Public-Private
30 
Partnership Center shall provide support to all LGUs towards the effective
31 
implementation and the achievement of the policy objectives of this Act in accordance
32 
with its mandate under existing laws, issuances, rules and regulations.
13


1 
Sec. 14. Permits and Licenses. -The procedure for the issuance of permits and
2 
licenses for all kinds of WTE facilities shall be governed by Republic Act No. 11234,
3 
otherwise known as the Energy Virtual One-Stop Shop Act.
4 
Sec. 15. Prohibited Acts. -The following are prohibited:
5 
a) For LGUs:
6 
i) 
Failure to include, if feasible, and implement, if applicable, the WTE
7 
strategy in their respective Local Government Solid Waste
8 
Management Plans, and
9 
ii) 
Failure to perform the responsibilities in Section 10 on the Role of
10 
Local Government units. Section 11 on the Role of the Provincial Solid
11 
Waste Management Board, and Section 12 on the Roie of the City or
12 
Municipal Solid Waste Management Board;
13 
b) For government agencies, faiiure to perform the powers and functions
14 
indicated under Section 6 on the Nationai Solid Waste Management
15 
Commission, Section 7 on the Role of the Department of Energy, Section 8
16 
on the Role of the Department of Environment and Natural Resources, and
17 
Section 9 on the Role of the Department of Health; and
18 
c) For WTE facilities:
19 
i) 
Failure to comply with the responsibilities in Section 5 on Waste-to-
20 
Energy and Waste-to-Energy Facility; and
21 
ii) 
Use of imported municipal solid waste as WTE feedstock for a WTE
22 
faciiity.
23 
Sec. 16. Penalties. -Without prejudice to civil and criminal liability, the following
24 
persons found to have violated the Sections mentioned below shall be meted with the
25 
following penalties:
26 
a) Officials of LGUs who violate Section 15(a):
27 
i) 
First offense: six (6) months suspension
28 
ii) 
Second offense: Dismissal from service, perpetual disqualification
29 
from holding public office, and forfeiture of retirement benefits.
30 
b) Officials of government agencies who violate Section 15(b) shall suffer
31 
dismissal from service, perpetual disqualification from holding public office,
32 
forfeiture of retirement benefits, and imprisonment for one (1) to six (6)
14


1 
years with a 
fine of not less than Five hundred thousand pesos
2 
(P500,000.00) but not more than Two million pesos (P2,000,000.00);
3 
c) Any person who violates Section 15(c)(i):
4 
i) First offense: Fine of One million pesos (PI,000,000.00) and an
5 
amount not less than ten percent (10%) but not more than fifteen
6 
percent (15%) of the net annual income during the previous year;
7 
ii) 
Second 
offense: The same penalties as with the first offense
8 
including an additional penalty of imprisonment of a minimum period
9 
of one (1) year but not to exceed three (3) years;
10 
Hi) Third offense: The same penalties as with the second offense and
11 
permanent revocation of the license of the WTE facility.
12 
d) Any person who violates Section 15(c)(ii) shall pay a fine of One million
13 
pesos (P1,000,000.00) and an amount not less than ten percent (10%) but
14 
not more than fifteen percent (15%) of the net annual income during the
15 
previous year, and shall suffer imprisonment of a minimum period of one
16 
(1) year but not to exceed three (3) years and permanent revocation of the
17 
license of the WTE facility. The same person shall repatriate the imported
18 
municipal solid waste to its country of origin.
19 
For Section 15, if the violation is committed by a corporation, partnership,
20 
or other juridical entity duly recognized in accordance with the law, the chief
21 
executive officer, president, general manager, managing partner, or such
22 
other officer-in-charge shall be liable for the commission of the offense
23 
penalized under this Act.
24 
Sec. 17. Incentives. - WTE facilities, depending on their output, shall be entitled
25 
to avail of the incentives under Republic Act No. 9367, otherwise known as the Biofuels
26 
Act of 2006 and Republic Act No. 9513, otherwise known as the Renewable Energy
27 
Act of 2008.
28 
Sec. 18. Establishment of Dedicated Offices. - The DOE, DENR, DOH and
29 
NSWMC shall establish dedicated offices for the effective implementation of this Act.
30 
The organizational structure and staffing complement shall be determined by the
31 
Secretaries of DENR, DOE and DOH, in consultation with the Department of Budget
32 
and Management, and in accordance with existing civil service rules and regulations.
15


1 
The budgetary requirements necessary for the establishment of the dedicated offices
2 
shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC.
3 
Thereafter, the funding for the dedicated offices shall be included in the annual
4 
General Appropriations Act.
5 
Sec. 19. Appropriations. -The amount for the initial implementation of this Act
6 
shall be charged against the current year's appropriations of the DOE, DENR, DOH
7 
and NSWMC respectively. Thereafter, such amounts necessary for the sustainable
8 
implementation of this Act shall be included in the Annual General Appropriations Act.
9 
Sec. 20. Congressional Oversight. - The Joint Congressional Energy
10 
Commission (JCEC) created under Republic Act No. 9136 and renamed under Republic
11 
Act No. 11285, shall exercise oversight powers over the implementation of this Act.
12 
The Chairpersons of the Committee on Environment and Natural Resources of the
13 
Senate and the House of Representatives shall be automatic members of the JCEC.
14 
Sec. 21. Implementing Rules and Regulations. - The DOE together with the
15 
DENR in consultation with DOH, NSWMC, Department of the Interior and Local
16 
Government, LGUs, and public and private stakeholders, shall issue the implementing
17 
rules and regulations of this Act within ninety (90) calendar days upon its effectivity.
18 
Sec. 22. Separability Clause. - If any portion or provision of this Act is declared
19 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
20 
remain in full force and effect.
21 
Sec. 23. Repealing Clause. - Any law, presidential decree or issuance, executive
22 
order, letter of instruction, rule or regulation inconsistent with the provisions of this
23 
Act is hereby repealed or amended accordingly.
24 
Sec. 24. Effectivity. -This Act shall take effect fifteen (15) days following its
25 
complete publication in the Official Gazette or a newspaper of general circulation.
Approved,
16