Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ____ 
Introduced by HONORABLE WES GATCHALIAN 
AN ACT 
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY 
TECHNOLOGIES 
EXPLANATORY NOTE 
Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000 
provides the necessary policy framework, institutional mechanisms and mandate to 
the local government units (LGUs) to achieve 25% waste reduction through the 
establishment of an integrated solid waste management plan based on the 3Rs -
reduce, reuse and recycle.1 
Meanwhile, Republic Act No. 9153 or the Renewable Energy Act of 2008 aims 
to accelerate the exploration and development of renewable energy resources as well 
as increase the utilization of renewable energy by institutionalizing the development 
of national and local capabilities in the use of renewable energy systems, and 
promoting its efficient and cost-effective commercial application by providing fiscal 
and non-fiscal incentives.2 Specifically, it mandates the Department of Energy 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.3 
However, despite the presence of these laws, solid waste remains to be one of 
the primary issues in the country that require immediate attention. Only 30% 
percent of our barangays nationwide, or an estimated 12,614 out of the 42,045 
barangays, are practicing segregation. A great number of illegal dumpsites or 
1 Premakumara, Canete and Nagaishi. (2013). Policy Implementation of the Republic Act (RA) 9003 in the Philippines: 
A 
Case 
Study 
of 
Cebu 
City. 
Institute 
for 
Global 
Environmental 
Strategies. 
Retrieved 
from 
https://www.iges.or.jp/en/publication_documents/pub/workingpaper/en/3308/6-5.pdf 
2 International Energy Agency. (2017). Renewable Energy Act. Retrieved from https://www.iea.org/policies/4754-
renewable-energy-act 
3 Sec. 4(b) and Sec. 30 of RA 9153. 
April 21, 2021
2:34 pm
9240


 
 
landfills still continue to operate. Furthermore, the contribution of WTE facilities are 
relatively insignificant in the energy sector.4 Clearly, the solution to these issues lie 
in the strengthening of the aforementioned laws – i.e., solid waste reduction can be 
achieved through the proper operation of WTE facilities as an alternative to 
dumpsites or landfills.5  
 
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 construction, operation, and maintenance of the facility and the potential 
revenue from the sale of energy output such as electric power and biofuels. 
 
The Senate has finished hearing the counterpart measure and the preparation 
of the Committee Report. In line of the foregoing, the passage of this bill is earnestly 
sought. 
 
 
 
 
 
 
DEPUTY SPEAKER WES GATCHALIAN 
1st District of Valenzuela 
 
 
 
 
 
4 Reports and updates submitted by the DOE-Renewable Energy Management Bureau (REMB) to the Senate 
Committee on Energy (15 May 2019). 
5 Department of Energy and Natural Resources. (2019). DENR Issues Guidelines for Setting Up Waste-To-Energy 
Facilities. Retrieved from https://www.denr.gov.ph/index.php/news-events/press-releases/1371-denr-issues-
guidelines-for-setting-up-waste-to-energy-facilities. 


 2 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ____ 
Introduced by HONORABLE WES GATCHALIAN 
AN ACT 
ESTABLISHING A NATIONAL ENERGY 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: 
SECTION 1. Short Title. – This Act shall be referred to as the “Waste-to-Energy 
1 
Act”. 
2 
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
6 
program;
7 
(b) Strengthen its commitment to solid waste avoidance and volume reduction
8 
by supplementing the latter with other solid waste management treatment
9 
technologies to include waste-to-energy;
10 
(c) Encourage the development and utilization of environmentally sustainable
11 
new and alternative technologies in resource recovery, resource
12 
conservation, processing, treatment, and disposal of solid waste, such as
13 
waste-to-energy facilities;
14 
(d) Support the utilization of waste-to-energy facilities in order to attain
15 
sustainable energy and energy security;
16 
(e) Strengthen the integration of solid waste management, waste-to-energy
17 
promotion, and environmental protection towards healthful cities amidst
18 
economic growth and development; and
19 
(f) Promote collaboration, cooperation, and participation of various sectors in
20 
coordinated approaches to solid waste management and waste treatment
21 
technology towards national development and jobs creation.
22 
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 3 
 
1 
SEC. 3. Scope and Application. – This Act shall apply to all local government 
2 
units and waste-to-energy facilities.  
3 
 
4 
SEC. 4. Definition of Terms.  – For purposes of this Act, the following terms 
5 
shall be defined as stated below: 
6 
(a) Agricultural waste refers to waste generated from planting or harvesting of 
7 
crops, trimming or pruning of plants, and wastes or run-off materials from 
8 
farms or fields; 
9 
(b) Biomedical waste or hazardous healthcare waste refers to waste from 
10 
healthcare facilities that may pose a variety of environmental and health 
11 
risks.  It can be further classified into sharps waste, infectious waste, 
12 
pathological and anatomical waste, pharmaceutical waste, genotoxic 
13 
waste, chemical waste, radioactive waste, and pressurized containers as 
14 
defined by the Department of Health (DOH); 
15 
(c) City or Municipal Solid Waste Management Board refers to the entity 
16 
established by each city or municipality pursuant to Section 12 of 
17 
Republic Act No. 9003, otherwise known as the Ecological Solid Waste 
18 
Management Act of 2000;  
19 
(d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous 
20 
chemicals from laboratories, industrial establishments, or other sources 
21 
such as diagnostic and experimental work, environmental work, cleaning, 
22 
housekeeping, and disinfecting procedures; 
23 
(e) Clustering is a strategy of pooling available resources of local government 
24 
units (LGUs) for the establishment of a common solid waste management 
25 
treatment facility or service; 
26 
(f) Collection refers to the act of removing solid waste from the source or from 
27 
a communal storage point; 
28 
(g) Disposal refers to the deposit, or placing of any solid waste into an 
29 
approved disposal site pursuant to Republic Act No. 9003; 
30 
(h) Disposal site refers to a facility where solid waste is finally deposited and 
31 
placed pursuant to Republic Act No. 9003; 
32 
(i) Emission means any air contaminant, pollutant, gas stream, or unwanted 
33 
sound from a known source which is passed into the atmosphere; 
34 
(j) Hazardous waste refers to substances that are without any safe 
35 
commercial, industrial, agricultural, or economic usage and are shipped, 
36 


 
 4 
transported, or brought from the country of origin for dumping or disposal 
1 
into or in transit through any part of the Philippines.  It shall also refer to 
2 
by-products, side-products, process residues, spent reaction media, 
3 
contaminated 
plant 
or 
equipment, 
or 
other 
substances 
from 
4 
manufacturing operations and as a customer discards of manufactured 
5 
products, or a combination of solid waste which, because of its quantity, 
6 
concentration, physical, chemical, or infectious characteristics, 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 
(k) Incineration in a WTE facility refers to a waste treatment and resource 
13 
recovery technology that involves the controlled combustion of waste 
14 
materials for the purpose of recovering energy from it, and whose 
15 
emissions and effluents are compliant with the guidelines pursuant to this 
16 
Act and other relevant laws, rules, and regulations; 
17 
(l) Local Government Solid Waste Management Plan refers to the ten (10) year 
18 
solid waste management plan, consistent with the National Solid Waste 
19 
Management Framework, prepared by the LGUs pursuant to Section 16 
20 
of Republic Act No. 9003; 
21 
(m) Municipal waste refers to waste produced from activities within LGUs 
22 
which include a combination of domestic, commercial, institutional, and 
23 
industrial wastes and street litters pursuant to Republic Act No. 9003; 
24 
(n) National Solid Waste Management Commission (NSWMC) refers to the body 
25 
created and primarily tasked with overseeing the implementation of solid 
26 
waste management plans and prescribing policies to achieve the objectives 
27 
of Republic Act No. 9003; 
28 
(o) National Solid Waste Management Framework refers to a document 
29 
prepared by the NSWMC based on the National Solid Waste Management 
30 
Status Report pursuant to Section 15 of Republic Act No. 9003;  
31 
(p) National Solid Waste Management Status Report refers to a document 
32 
prepared by the Department of Environment and Natural Resources 
33 
(DENR), which is used as a basis in formulating the National Solid Waste 
34 
Management Framework pursuant to Section 14 of Republic Act No. 9003;  
35 


 
 5 
(q) Poisonous and toxic fumes refer to any emissions and fumes which are 
1 
beyond internationally accepted standards, including but not limited to 
2 
the World Health Organization (WHO) air quality guidelines, as provided 
3 
in Republic Act No. 8749, otherwise known as the Philippine Clean Air Act 
4 
of 1999; 
5 
(r) Processing fee refers to the amount paid to avail of the services of a waste-
6 
to-energy facility as defined herein;  
7 
(s) Provincial Solid Waste Management Board refers to the entity established 
8 
by each province pursuant to Section 11 of Republic Act No. 9003; 
9 
(t) Residue refers to substances that remain after a process in a waste-to-
10 
energy facility such as preparation, separation, purification, evaporation, 
11 
combustion, distillation, or filtration;   
12 
(u) Resource recovery refers to the collection, extraction, or recovery of 
13 
recyclable materials from the waste stream for the purpose of recycling, 
14 
generating energy, or producing a product suitable for beneficial use; 
15 
(v) Sanitary landfill refers to a waste disposal site designed, constructed, 
16 
operated, and maintained in a manner that exerts engineering control over 
17 
significant potential environment impacts arising from the development 
18 
and operation of the facility pursuant to Republic Act No. 9003; 
19 
(w) Segregation refers to a solid waste management practice of separating 
20 
different materials found in solid waste in order to promote recycling and 
21 
re-use of resources, facilitate waste treatment processes, and to reduce 
22 
the volume of waste for collection and disposal pursuant to Republic Act 
23 
No. 9003; 
24 
(x) Solid waste refers to all discarded household waste, commercial waste, 
25 
non-hazardous institutional and industrial waste, street sweepings, 
26 
construction debris, agricultural waste, and other non-hazardous or non-
27 
toxic solid waste.  It shall not include: 
28 
(i) Waste identified or listed as hazardous waste of a solid, liquid, 
29 
contained gaseous, or semisolid form, which may cause or contribute 
30 
to an increase in mortality or in serious or incapacitating reversible 
31 
illness, or acute or chronic effect on the health of persons and other 
32 
organisms, 
33 
(ii) Infectious waste from hospitals such as equipment, instruments, 
34 
utensils, and fomites of a disposable nature from patients who are 
35 
suspected to have or have been diagnosed as having communicable 
36 


 
 6 
diseases and must therefore be isolated as required by public health 
1 
agencies, laboratory wastes as pathological specimens, and disposable 
2 
fomites that may harbor or transmit pathogenic organisms, and 
3 
surgical operating room pathologic materials from outpatient areas and 
4 
emergency rooms, and 
5 
(iii)  Waste resulting from mining activities, including contaminated soil 
6 
and debris; 
7 
(y) Solid waste management treatment facility refers to any resource recovery 
8 
system or component thereof; any system, program or facility for resource 
9 
conservation; or any facility for the collection, source separation, storage, 
10 
transportation, transfer, processing, treatment, or disposal of solid waste;  
11 
(z) Solid waste management refers to the discipline associated with the 
12 
control of generation, storage, collection, transfer and transport, 
13 
processing, and disposal of solid wastes in a manner that is in accord with 
14 
the best principal of public health, economics, engineering, conservation, 
15 
aesthetics, and other environmental considerations, and that is also 
16 
responsive to the public attitudes;  
17 
(aa) Waste refers to any material misplaced, unused or rejected by persons as 
18 
worthless or unwanted.  It includes, among others, agricultural, 
19 
biomedical, chemical and industrial, hazardous, municipal, and solid 
20 
wastes;  
21 
(bb) Waste-to-Energy (WTE) refers to an energy system with a process of 
22 
converting WTE feedstock with various technologies, usually the 
23 
conversion of non-recyclable waste materials into usable heat, electricity, 
24 
or fuel through a variety of processes; 
25 
(cc) WTE facility refers to the facility where the WTE operations are conducted;  
26 
(dd) WTE feedstock refers to the waste materials with calorific-value that are 
27 
taken in for WTE processing in a WTE facility;  
28 
(ee) Waste generation refers to the act or process of producing solid waste; and  
29 
(ff) WTE strategy refers to a plan of action with measurable targets for the 
30 
utilization of WTE facilities for solid waste management treatment and 
31 
energy production. 
32 
 
33 
SEC. 5. Waste-to-Energy and Waste-to-Energy Facility. – WTE shall be 
34 
classified as another kind of renewable energy resource.  A WTE facility shall: 
35 


 
 7 
(a) Be both a solid waste management treatment facility and an energy 
1 
production facility; 
2 
(b) Comply with establishment and operation guidelines for WTE facilities 
3 
pursuant to Sections 6(c), 8(c), and 9(b) of this Act; 
4 
(c) Ensure the proper management of its residue which should conform to 
5 
relevant laws, rules, and regulations and should include making 
6 
arrangements with a sanitary landfill, or developing its own, prior to its 
7 
operations, as a disposal site for any residue generated from its operations 
8 
in accordance with NSWMC, DENR, and DOH guidelines issued pursuant 
9 
to this Act; and  
10 
(d) Comply with relevant laws, rules, and regulations including but not 
11 
limited to Presidential Decree No. 1586 Establishing an Environmental 
12 
Impact Statement System, Republic Act No. 6969 otherwise known as the 
13 
Toxic Substances and Hazardous and Nuclear Waste Act, Republic Act 
14 
No. 7638 otherwise known as the Department of Energy Act of 1992 as 
15 
amended, Republic Act No. 8749, Republic Act No. 9003, Republic Act No. 
16 
9136 otherwise known as the Electric Power Industry Reform Act of 2001, 
17 
Republic Act No. 9275 otherwise known as the Philippine Clean Water Act 
18 
of 2004, Republic Act No. 9367 otherwise known as the Biofuels Act of 
19 
2006, Republic Act No. 9513 otherwise known as the Renewable Energy 
20 
Act of 2008, Republic Act No. 11223 otherwise known as the Universal 
21 
Health Care Act, and WHO Guidelines on Air Quality. 
22 
 
23 
All waste treatment technologies in a WTE facility shall be allowed including 
24 
incineration: Provided, that these technologies shall not emit toxic and poisonous 
25 
fumes into the environment and shall comply with all the laws mentioned hereof and 
26 
other relevant laws, rules, and regulations.    
27 
In addition to the provisions of this Act, the segregation, collection, transfer, 
28 
storage, and transport of solid waste as WTE feedstock for a WTE facility, and the 
29 
waste treatment process of the WTE facility shall be governed by Republic Act No. 
30 
9003 and Republic Act No. 8749, while the energy production aspect of the WTE 
31 
facility shall be governed by Republic Act No. 7638, Republic Act No. 9136, Republic 
32 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and regulations.  
33 
 
34 
SEC. 6. The National Solid Waste Management Commission. – The Secretary of 
35 
the Department of Energy shall serve in ex officio capacity as member of the National 
36 


 
 8 
Solid Waste Management Commission (NSWMC), which shall now have fifteen (15) 
1 
members from the government sector.  In addition to its powers and functions under 
2 
Republic Act No. 9003, the NSWMC shall:  
3 
(a) Include a WTE strategy in the National Solid Waste Management Framework; 
4 
(b) Act as the lead agency in ensuring streamlined standards, criteria, and 
5 
guidelines for WTE facilities to avoid inconsistent and conflicting issuances;  
6 
(c) Regularly determine, review, and publish the following: 
7 
(i) 
Standards, criteria, and guidelines for: 
8 
1. Characterization and composition of solid waste utilized as 
9 
WTE feedstock for WTE facilities to ensure emissions are 
10 
compliant with Republic Act No. 8749 and other relevant laws, 
11 
rules, and regulations, 
12 
2. Transport, storage, and pre-processing of WTE feedstock, 
13 
3. Pre-operation, siting, design, operation, and maintenance of 
14 
WTE facilities, 
15 
4. Quality control and operational control of WTE facilities, 
16 
5. Management of residue from WTE facilities, if any;  
17 
6. Pollution abatement, emissions monitoring, environmental 
18 
monitoring, and public health and safety monitoring in relation 
19 
to WTE facilities, 
20 
7. Decommissioning, 
closure, 
and 
abandonment 
of 
WTE 
21 
facilities, and  
22 
8. Other guidelines pursuant to relevant laws, rules, and 
23 
regulations, and  
24 
(ii) 
Minimum standards, criteria, and guidelines, in determining a fair, 
25 
equitable, and reasonable processing fee for WTE facilities taking into 
26 
consideration, among others, the cost of construction, operation, and 
27 
maintenance of the facility as well as the potential revenue from the 
28 
sale of energy output, in consultation with relevant government 
29 
agencies, experts, and stakeholders; 
30 
(d) Consolidate and make available to the public, through its website, the 
31 
following:  
32 
(i) 
Current and potential uses of WTE facilities in relation to solid waste 
33 
management;  
34 
(ii) 
Inventory of existing WTE facilities; 
35 
(iii) 
General feedstock characterization; 
36 


 
 9 
(iv) 
Status and projection of feedstock generation;  
1 
(v) 
Specific locations of potential feedstock and WTE facilities; and 
2 
(vi) 
Other relevant information; 
3 
(e) Provide policy guidelines to assist LGUs in the development of WTE facilities 
4 
to include the determination of the potential of WTE facilities in their 
5 
respective localities;  
6 
(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective Local 
7 
Government Solid Waste Management Plans; 
8 
(g) Identify and recommend potential clustering of LGUs for a common WTE 
9 
facility;  
10 
(h) Coordinate with the Provincial, City, and Municipal Solid Waste Management 
11 
Boards especially for clustered LGUs employing a common WTE facility; and 
12 
(i) Perform all other acts that are analogous to the foregoing, which are necessary 
13 
and incidental to accomplish the policy objectives of this Act. 
14 
 
15 
SEC. 7. Role of the Department of Energy. – In addition to its powers and 
16 
functions under Republic Act No. 7638, the Department of Energy (DOE) shall: 
17 
(a) Issue permits to WTE facilities based on the energy output, and determine 
18 
the standards, criteria, and requirements applicable for each kind of WTE 
19 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, 
20 
Republic Act No. 9367, Republic Act No. 9513, and other relevant laws, 
21 
rules, and regulations;  
22 
(b) Include a WTE strategy in the Philippine Energy Plan, taking into 
23 
consideration the National Solid Waste Management Framework;  
24 
(c) Regularly submit to the NSWMC and make available to the public, 
25 
especially to potential WTE investors, national and local information on 
26 
the following: 
27 
(i) Current and potential uses of WTE facilities in relation to solid waste 
28 
management, 
29 
(ii) Inventory of existing WTE facilities, and  
30 
(iii) Other relevant information; and  
31 
(d) Perform all other acts that are analogous to the foregoing, which are 
32 
necessary and incidental to accomplish the policy objectives of this Act. 
33 
 
34 


 
 
10 
SEC. 8. Role of the Department of Environment and Natural Resources. – In 
1 
addition to its powers and functions under Republic Act No. 9003 and Republic Act 
2 
No. 8749, the DENR shall: 
3 
(a) Include a WTE strategy, if feasible, in the National Solid Waste 
4 
Management Status Report; 
5 
(b) Provide technical and other capacity building assistance and support to 
6 
LGUs based on the policy guidelines created by the NSWMC pursuant to 
7 
Section 6(e) of this Act;  
8 
(c) Implement and revise, when necessary, together with the DOH, existing 
9 
guidelines issued pursuant to Republic Act No. 9003 on waste transport, 
10 
pre-operation, waste acceptance, waste storage, pre-processing of waste, 
11 
quality control, operational control, pollution abatement, management of 
12 
residue, emissions monitoring, environmental monitoring, public health 
13 
and safety monitoring, decommissioning, closure, and abandonment, 
14 
among others, taking into account the NSWMC’s standards, criteria, and 
15 
guidelines under Section 6(c) of this Act and other relevant laws, rules, 
16 
and regulations, and in consultation with relevant stakeholders; 
17 
(d) Ensure compliance with Section 8(c) of this Act to include continuous 
18 
monitoring and testing of by-products of WTE facilities;  
19 
(e) Make available to the public, through its website, the emissions, effluents 
20 
and other by-products of WTE facilities;  
21 
(f) Investigate, motu proprio or upon complaint, reports of non-compliance 
22 
of WTE facilities with the provisions of this Act and other relevant laws, 
23 
rules, and regulations; 
24 
(g) Exercise visitorial and enforcement powers to ensure strict compliance of 
25 
WTE facilities with this Act, Republic Act No. 9003, Republic Act No. 8749, 
26 
and other relevant laws, rules, and regulations; 
27 
(h) Recommend to the NSWMC policies to address challenges of WTE facilities 
28 
from a solid waste management perspective; and 
29 
(i) Perform all other acts that are analogous to the foregoing, which are 
30 
necessary and incidental to accomplish the policy objectives of this Act. 
31 
 
32 
SEC. 9. Role of the Department of Health. – In addition to its existing powers 
33 
and functions, the DOH shall: 
34 
(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant 
35 
to Republic Act No. 11223 and Presidential Decree No. 1586, as part of 
36 


 
 
11 
the Environmental Impact Assessment System, to be jointly reviewed and 
1 
approved by the DOH and DENR prior to construction and operation; 
2 
(b) Implement and revise, when necessary, together with DENR, existing 
3 
guidelines issued pursuant to Republic Act No. 9003 on waste transport, 
4 
pre-operation, waste acceptance, waste storage, pre-processing of waste, 
5 
quality control, operational control, pollution abatement, management of 
6 
residue, emissions monitoring, environmental monitoring, public health 
7 
and safety monitoring, decommissioning, closure, and abandonment, 
8 
among others, taking into account the NSWMC’s standards, criteria, and 
9 
guidelines under Section 6(c) of this Act and other relevant laws, rules, 
10 
and regulations, and in consultation with relevant stakeholders; 
11 
(c) Regularly conduct an analysis of the effects of WTE facilities and disposal 
12 
sites on public health and submit the same to the NSWMC for 
13 
consolidation, and DENR for proper action, if applicable; 
14 
(d) Undertake research on the public health impact of WTE facilities together 
15 
with government agencies, the academe, and private stakeholders;  
16 
(e) Make available to the public, through its website, studies and analyses of 
17 
the effects of WTE facilities and disposal sites on public health; and 
18 
(f) Perform all other acts that are analogous to the foregoing, which are 
19 
necessary and incidental to accomplish the policy objectives of this Act. 
20 
 
21 
SEC. 10. Role of Local Government Units. –  In addition to their powers, 
22 
functions, and responsibilities under Republic Act No. 7160 otherwise known as the 
23 
Local Government Code of 1991, and Republic Act No. 9003, LGUs shall: 
24 
(a) In the case of a city or municipality and if applicable, be responsible for 
25 
the hauling of WTE feedstock to a WTE facility;  
26 
(b) In the case of a province and if applicable, provide necessary logistical and 
27 
operational support for the processing of WTE feedstock in a WTE facility; 
28 
(c) Include a WTE strategy, if feasible, in their respective Local Government 
29 
Solid Waste Management Plans; 
30 
(d) Comply with the standards, criteria, and guidelines on WTE feedstock and 
31 
WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if 
32 
applicable; and 
33 
(e) Be authorized to enter into and shall comply with all obligations under the 
34 
following: 
35 


 
 
12 
(i) Clustering arrangements with other LGUs for a common WTE facility, 
1 
on their own or upon recommendation of the Provincial Solid Waste 
2 
Management Board or the NSWMC: Provided, That the province shall 
3 
have the power to cluster component cities and municipalities based 
4 
on the NSWMC approved provincial and local solid waste management 
5 
plans and the recommendation of the NSWMC pursuant to Section 6(g) 
6 
of this Act, 
7 
(ii) Long term contracts with WTE facilities, on their own or with clustered 
8 
LGUs, and  
9 
(iii)  Public private partnerships pursuant to Republic Act No. 6957 
10 
otherwise known as An Act Authorizing the Financing, Construction, 
11 
Operation and Maintenance of Infrastructure Projects by the Private 
12 
Sector, and For Other Purposes as amended, cooperative undertakings 
13 
under Section 33 of Republic Act No. 7160, and other contractual 
14 
arrangements provided for under existing laws, rules, regulations as 
15 
well as the LGUs’ respective charters for the establishment of WTE 
16 
facilities. 
17 
The national government shall provide support to all LGUs towards the effective 
18 
implementation and the achievement of the policy objectives of this Act. 
19 
 
20 
SEC. 11. Role of the Provincial Solid Waste Management Board. – In addition 
21 
to its powers and functions under Republic Act No. 9003, the Provincial Solid Waste 
22 
Management Board shall:  
23 
(a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste 
24 
Management Plan taking into consideration the Local Government Solid 
25 
Waste Management Plans of all its component cities and municipalities;  
26 
(b) Recommend potential locations for WTE facilities in the Provincial Solid 
27 
Waste Management Plan; 
28 
(c) Identify and recommend, or direct pursuant to Section 10 of this Act, 
29 
clustering of component cities and municipalities for a common WTE 
30 
facility, based on the Local Government Solid Waste Management Plans of 
31 
all its component cities and municipalities;  
32 
(d) Provide the necessary logistical and operational support to component 
33 
cities and municipalities who have the potential to be clustered, have 
34 
decided to be clustered, or have been directed to be clustered pursuant to 
35 
Section 10 of this Act, for a common WTE facility;  
36 


 
 
13 
(e) Coordinate the efforts and oversee the implementation of the clustering of 
1 
component cities and municipalities for a common WTE facility; and  
2 
(f) Coordinate with other Provincial, City, and Municipal Solid Waste 
3 
Management Boards in identifying possible inter- and intra- province 
4 
clustering for a common WTE facility.   
5 
 
6 
SEC. 12. Role of the City or Municipal Solid Waste Management Board. – In 
7 
addition to its powers and functions under Republic Act No. 9003, the City or 
8 
Municipal Solid Waste Management Board shall integrate a WTE strategy, if feasible, 
9 
in its Local Government Solid Waste Management Plan, and shall submit a copy 
10 
thereof to the Provincial Solid Waste Management Board. 
11 
 
12 
SEC. 13. Permits and Licenses. – The procedure for the issuance of permits 
13 
and licenses for all kinds of WTE facilities shall be governed by Republic Act No. 
14 
11234, otherwise known as the Energy Virtual One-Stop Shop Act.  
15 
 
16 
SEC. 14. Prohibited Acts. – The following acts are prohibited: 
17 
(a) For LGUs: 
18 
(i) Failure to include, if feasible, and implement, if applicable, the WTE 
19 
strategy in their respective Local Government Solid Waste Management 
20 
Plans, and 
21 
(ii) Failure to perform the responsibilities in Section 10 on the Role of Local 
22 
Government Units, Section 11 on the Role of the Provincial Solid Waste 
23 
Management Board, and Section 12 on the Role of the City or Municipal 
24 
Solid Waste Management Board;  
25 
(b) For government agencies, failure to perform the powers and functions 
26 
indicated under Section 6 on the National Solid Waste Management 
27 
Commission, Section 7 on the Role of the Department of Energy, Section 
28 
8 on the Role of the Department of Environment and Natural Resources, 
29 
and Section 9 on the Role of the Department of Health; and  
30 
(c) For WTE facilities: 
31 
(i) Failure to comply with the responsibilities in Section 5 on Waste-to-
32 
Energy and Waste-to-Energy Facility, and  
33 
(ii) Use of imported municipal solid waste as WTE feedstock for a WTE 
34 
facility. 
35 
 
36 


 
 
14 
SEC. 15. Penalties. – Without prejudice to civil and criminal liability, the 
1 
following persons found to have violated the Sections mentioned below shall be meted 
2 
with the following penalties: 
3 
(a) Officials of LGUs and government agencies who violate Section 14(a): 
4 
(i) First offense: six (6) months suspension, 
5 
(ii) Second offense: Dismissal from service, perpetual disqualification 
6 
from holding public office, and forfeiture of retirement benefits; 
7 
(b)  Officials of LGUs and government agencies who violate Section 14(b) shall 
8 
be suffer dismissal from service, perpetual disqualification from holding 
9 
public office, forfeiture of retirement benefits, and imprisonment for one 
10 
(1) to six (6) years with a fine of not less than Five hundred thousand pesos 
11 
(P500,000.00) but not  more than Two million pesos (P2,000,000.00);  
12 
(c) Any person who violates Section 14(c)(i): 
13 
(i) First offense: Fine of One million pesos (P1,000,000.00) and an 
14 
amount not less than ten percent (10%) but not more than fifteen 
15 
percent (15%) of the net annual income during the previous year, 
16 
(ii) Second offense: The same penalties as with the first offense including 
17 
an additional penalty of imprisonment of a minimum period of one (1) 
18 
year but not to exceed three (3) years,  
19 
(iii)  Third offense: The same penalties as with the second offense and 
20 
permanent revocation of the license of the WTE facility; 
21 
(d) Any person who violates Section 14(c)(ii) shall pay a fine of One million 
22 
pesos (P1,000,000.00) and an amount not less than ten percent (10%) but 
23 
not more than fifteen percent (15%) of the net annual income during the 
24 
previous year, and shall suffer imprisonment of a minimum period of one 
25 
(1) year but not to exceed three (3) years and permanent revocation of the 
26 
license of the WTE facility.  The same person shall repatriate the imported 
27 
municipal solid waste to its country of origin. 
28 
For Section 14, if the violation is committed by a corporation, partnership, or 
29 
other juridical entity duly recognized in accordance with the law, the chief executive 
30 
officer, president, general manager, managing partner, or such other officer-in-
31 
charge shall be liable for the commission of the offense penalized under this Act. 
32 
 
33 
SEC. 16. Incentives. – WTE facilities, depending on their output, shall be 
34 
entitled to avail of the incentives under Republic Act No. 9367 otherwise known as 
35 


 
 
15 
the Biofuels Act of 2006 and Republic Act No. 9513 otherwise known as the 
1 
Renewable Energy Act of 2008. 
2 
 
3 
SEC. 17. Establishment of Dedicated Offices. – The DOE, DENR, DOH and 
4 
NSWMC shall establish dedicated offices for the effective implementation of this Act.  
5 
The organizational structure and staffing complement shall be determined by the 
6 
Secretaries of DENR, DOE, and DOH, in consultation with the Department of Budget 
7 
and Management, and in accordance with existing civil service rules and regulations.  
8 
The budgetary requirements necessary for the establishment of the dedicated offices 
9 
shall be taken from the current appropriations of DOE, DENR, DOH and NSWMC. 
10 
Thereafter, the funding for the dedicated offices shall be included in the annual 
11 
General Appropriations Act. 
12 
 
13 
SEC. 18. Appropriations. – The amount of Fifteen million pesos 
14 
(P15,000,000.00) for DOE, Three hundred million pesos (P300,000,000.00) for 
15 
DENR, Forty five million pesos (P45,000,000.00) for DOH, and Twenty seven million 
16 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be 
17 
charged against the current year’s appropriations of the DOE, DENR, DOH, and 
18 
NSWMC respectively.  Thereafter, such amounts necessary for the sustainable 
19 
implementation of this Act shall be included in the Annual General Appropriations 
20 
Act. 
21 
 
22 
SEC. 19. Congressional Oversight. – The Joint Congressional Energy 
23 
Commission (JCEC), created under Republic Act No. 9136 and renamed under 
24 
Republic Act No. 11285, shall exercise oversight powers over the implementation of 
25 
this Act.  The Chairpersons of the Committee on Environment and Natural Resources 
26 
of the Senate and the House of Representatives shall be automatic members of the 
27 
JCEC.   
28 
 
29 
SEC. 20.  Implementing Rules and Regulations. – The DOE together with the 
30 
DENR, in consultation with DOH, NSWMC, Department of Interior and Local 
31 
Government, and public and private stakeholders, shall issue the implementing rules 
32 
and regulations of this Act within ninety (90) calendar days upon its effectivity.  
33 
 
34 


 
 
16 
SEC. 21.  Amendatory Clause. – All laws, decrees, orders, rules, regulations, 
1 
and other issuances inconsistent with the provisions of this Act are hereby deemed 
2 
amended and modified accordingly.  
3 
 
4 
SEC. 22. Separability Clause. – If any portion or provision of this Act is 
5 
declared unconstitutional, the remainder of this Act or any provisions not affected 
6 
thereby shall remain in force and effect. 
7 
 
8 
SEC. 23. Repealing Clause. – Any law, presidential decree or issuance, 
9 
executive order, letter of instruction, rule or regulation inconsistent with the 
10 
provisions of this Act is hereby repealed or modified accordingly. 
11 
 
12 
SEC. 24. Effectivity Clause. – This Act shall take effect fifteen (15) days 
13 
following its complete publication in the Official Gazette or a newspaper of general 
14 
circulation. 
15 
 
16 
Approved, 
17