Republic of the Philippines
HOUSE OF REPRESENTATIVES RECEIVED

Quezon City, Philippines instal

EIGHTEENTH CONGRESS
First Regular Session

4209

HOUSE BILL NO.

_ INTRODUCED BY REPRESENTAT!

/E ALFRED VARGAS

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE
AIR QUALITY, INCREASE EFFICIENCY, REDUCE ROAD
CONGESTION, AND CONTRIBUTE TO POSITIVE HEALTH IMPACTS
IN OUR SOCIETY

EXPLANATORY NOTE

The Philippines’ air pollution is at the critical level. Metro
Manila alone records a total suspended particulate (TSP) of 130-250
micrograms per normal cubic meter, way above the World Health
Organization’s defined standard level of 90 micrograms per normal
cubie meter

According to the Department of Environment and. Natural
sources (DENR), around 80% of the air pollution in the country
comes from motor vehicies.

The 2017-2018 Global Competitiveness Report of the World
Economic Forum identifies ‘inadequate supply of infrastructure,”
which includes roads, bridges, and mass transportation, as. the
second-most problematic factor io doing business in the Philippines.

This bill seeks to formulate and establish an overall action plan
to build not just an efficient, world-class transportation system, but
also one that is inclusive, accessible, non-poliuting, and sustainable

Thus, the immediate passage of this measure is earnestly

ons VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 4209

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE
AIR QUALITY, INCREASE EFFICIENCY, REDUCE ROAD
CONGESTION, AND CONTRIBUTE TO POSITIVE HEALTH IMPACTS
IN OUR SOCIETY

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

Section 1. Short Title. - The Act shall be known as the
“Sustainable Transportation Act of 2019,"

Section 2. Declaration of Policies. - In conformity with the
Provisions of the constitution to promote general welfare and social
Justice in all phases of national development, to protect and advance
the right of the Filipino people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature, and to conserve and

develop the patrimony of the nation, and in consonance with signed
imernational agreements such as Aichi Statement of 2005, United
Nations Economic Commission for Europe (UNECE) Agreement,

Rnited Nations Framework Convention on Climate Change (UNFCCC)
Agreement of 1992, UNECE World Forum for Harmonization of Vehicle
Regulations (WP 29), and Bangkok Declaration for 2020, the State
hereby adopts the following policies relative 10 the transportation
system in our country, whether public or private:

a) The State shall Promote 4 shift towards a safe, cost-effective,
efficient, non-congestive, non-pollutive, and healthful
locomotion and seamless and incl transportation
System for the benefit of all citizens, economy and society:

b) The State shall incr mobility options of the general
public and promote the use of alternative modes of
transportation. such as non-motorized transportation, green
vehicle and p

ic transportatior



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¢) The State shall properly plan and establish facilities and
infrastructure that will respond to this paradigm shift in the
transportation system;

4) The State shall espouse social equity and gender perspective
in the formulation of a Sustainable Transport Action Plan,
reinforcing existing rules, regulations and law

¢) The State shall establish its plan and programs in conformity
with the overall integrated national land use plan as well as
the local comprehensive land use plans; and

) The State shall enc ‘ourage the viable use of alternative and
cleaner fuels in view of vehicular modernization.

Section 3. Definition of Terms. ~ The following terms shall
their respective meanings:

Mixed-Use Development refers to any urban, suburban or village
development, or even a single building, that blends a
combination of residential, commercial, cultural, institutional, or
industrial uses, where those functions are physically and
functionally integrated, and that provides pedestrian
connections;

Motor Vehicle refers to a self-propelled vehicle or any vehicle
Propelled by any power other than muscular power. The term
does not include an electric bicycle;

Public Transportation refers to a shared passenger transportation
Service which available for use by the general public. These
include buses, trams, trains, rapid transit, and ferries;

Road Safety Audit refers to the systematic checking of the safety
aspects of new highway and_ traffic Management schemes,
including modifications to existing layouts. The main aim is to
design out safety problems from the beginning and to reduce
future problems. Safety audits should be included during the
design, construction, and maintenance phases of road projects;
Transit-Oriented Development (TOD) refers to a mixed-use
residential and commercial area d signed to maximize access to
Public transport and often incorporates features to encourage
transit ridership. A TOD neighborhood typically has a center
with a transit station or Stop (train station, metro station, tram
stop, or bus stop}, surrounded by. relative! high-density
development with progressively lower-density development
spreading outward from the center

Transportation Demand Management (TDM) refers. to strategies
that increase transport system efficiency. TDM gives priority to
modes that move people more efficiently and discourages the use
of single occupancy vehicles to reduce traffic congestion. It also
includes promotion of non-motorized transport (NMT) through
walking and cycling:

Walkways refer to a continuous way designated for pedestrians
and separated from the through lanes for motor vehicles by
space or barriers; and



h. Sustainable Transport refers to any means of transport with low
impact on the environment, accessible, safe, environment.
triendly, and affordable. It includes walking and cycling, transit
oriented development, green vehicles, carpooling, and building or
Protecting urban transport systems that are fuel-efficient, space-
saving and promote healthy lifestyles.

Sec. 4. Sustainable Transport Action Plan. — The Department
of Transportation (DOTr), in coordination with the Department. of
Environment and Natural Resources (DENR}, National Economic
Development Authority (NEDA), and other key stakeholders from the
Rational and local levels, as may be deemed necessary, shall prepare a
Sustainable Transport Action Plan which aims to provide a roadmap
for national and local transportation system to be adhered to at all
levels throughout the country

The Sustainable Transport Action Plan shall include Strategies
relating to the inclusion of non-motorized transport, the development
of a seamless and inclusive public transportation system, green
infrastructures and facilities, and enforcement of transportation
demand management measures. These will set out. the actions
required to achieve the mode shift target over certain period of time as
identified by DOTr

Sec. 5. Integrated Land Use and Transportation Plan. ~ in
the preparation and updating of their land use plans, all local
Bovernment units (LGUs) shall explore the important relationship
between land use and transportation and ensure that land-use and
Hansportation decisions be made in conjunction with each other to
balance and coordinate the mix of land uses, with the end in view of
Sustaining a healthy economy, supporting the use of alternative
\ransportation, and enhancing the quality of life. Said plan shall
include strategies to avoid unnecessary travel through transit-oriented
development. Further, the DOTr shall provide technical assistance to
key stakeholders and LGUs in the completion of these integrated land
use and transportation plans. upon the request of the LGUs and
subject to availability of resources.

Sec. 6. Establishment of Emission Control and Standards,
Road Safety and Inspection and Maintenance, ~ The State shall
endeavor to achieve a smoke-fre: , accident-free, and effective road
safety management system. In line with this, the existing motor
vehicular standards set by the DOTr and DENR on emis ion, fuel
Jronomy, and roadworthiness shall form part of the Sustainable
Transport Action Pian as consistent with the objectives of this Act The
DOTr, in coordination with related agencies, shall strictly implement
these emission standards and conduct stronger road apprehension:

A. Emission Control and Standards. — Pursuant to Philippine Clean
Air Act of 1999 or Republic Act No. 8749, the DOTr, through the



Land Transportation Office {LTO}, shall conduct the vehicle test
for emissions utilizi ig the Motor Vehicle Inspection Station
(MVIS) as well as establish a roadside inspection system to
ensure that vehicles comply with emission standards,

B. Road Safety Program. - The existing road safety program shall be
enhanced and strictly enforced, by adopting a zero-fatality policy,
implementing appropriate speed controls and imposing a regular
Road Safety Audit (RSAj to influence safety performance on an
ongoing basis. The Department of Public Works and Highways
(DPWH) shall identify the roads and highways to be audited and
shall be responsible for the conduct of the RSAS.

Sec. 7. Use of Alternative Energy and Cleaner Fuels. — the
Department of Energy (DOE), in coordination with the DOtr and the
[ R, shall formulate strategies towards vehicular modernization and
use of alternative energy and cleaner fuels, such as but not limited to
Compressed Natural Gas (CNG} fueled buses and electric motor
Powered vehicles, pursuant to the Philippine Standardization Law or
Republic Act No. 4109, Philippine Clean Air Act of 1999 or Republic
Act no. 8749 and the Biofuels Act of 2006 or Republic Act No, 9367.
‘The availability, viability, safety, sustainability, energy resilience, and
fuel efficiency of these alternative energy and cleaner fuels shall be
taken into consideration, as well as transparency and route measured
capacity in relation to the issuance of provisional authorities or
franchises.

Sec. 8. Non-Motorized Transportation. - The DOTr shall
develop policies and guidelines that promote non-motorized
transportation such as walking and bicycling, and variants such as
the use of strollers, small-wheeled transport (skate: S, ateboards,
Push scooters and hand carts} and wheelchair travel to meet public
transportation demand. Said policies and guidelines shall include
design principles for supporting facilities and infrastructure that will
espouse a seamless transportation system such as, but not limited to,
exclusive pedestrian and bike lanes, safe street cros ings and access
tamps for persons with disabilities (PWDs} to ensure inclusive non-
motorized transportation.

A. Installation of Walkways. — Each LGU shall maintain adequate
sidewalk areas on roads frequented by pedestrians as walkways
to allow safe pedestrian passage and for the sale and convenient
use of wheelchairs, strollers, and similar instruments. For
Primary and secondary roads, there shail be allotted three (3)
meters for the sidewalks. if there is no space allocated for such
and the implementation will prove difficult, in lieu thereof, either
an elevated footbridge or underground walkway must be
installed.



B. Designation of Bikes Lanes. - Each LGU shall designated a bike
lane measuring at least one (1)-meter wide on the rightmost
Portion of major roads within its jurisdiction which shall be
clearly marked as such and segregated from all vehicular traffic
lanes by a yellow dividing line. Currently designated bike lanes
Shall be assessed for safety and connectivity and shall be subject
to measures that will improve the same

The designated bike lanes shall be for the preferential or
exclusive use of bicycles. All motorized vehicular traffic shall not
be allowed to use the bike lane at any time of the day. The right
of way of bikers shall be paramount at all times and may not be
obstructed by a parked or standing motor vehicle or other
stationary object, even in intersections,

C. Provisions of Bicycle Parking Spaces and Bike Racks. ~ The boTr
Shall establish guidelines on the minimum supply of bicycle
parking spaces and bike racks in buildings and other facilities,
taking into consideration the population of the short-term or
long-term dwellers. in the area The owners of these
establishments shall be required to provide for such

Sec. 9. Public Transportation. ~ The DOr shail provide
guidelines that will promote a shift towards seamless and inclusive
public transportation as a primary mobility option to the general
Public, especially the poor, including elderly, PWDs, women, youth,
and children. Better public transportation initiatives shall be studied
and implemented in an effort to reduce the impact of fossil fuel on our
cevironment and financial markets, provide high quality but
affordable transport services as well as help reduce energy costs and
pollution. Further, a unified and automated fare collection shall, as
much as possible, be established amongst all the available forms of
public transportation.

The DOTr shall conduct a Land Transportation Rationalization
Study which will scientifically determine the actual need for public
\ransportation in the various routes, This study shall objectively
determine the actual number of public buses, jeeps, taxis and other
Public utility vehicles (PUVs) needed by the public in a certain route,
road, street, locality or area. After completion, the study will be used
as the basis for the Land Transportation Franchising and Regulatory
Board's (LTFRB) issuance of the franchises for all the PUVs and grant
of authority to operate as a vehicle for hire.

AL Commi: stoning of a “Bus Rapid Transit (BRT) System.” - The
DOTr shall conduct a study commissioning the creation of a Bus
Rapid Transit (BRT) System which will organize buses into one
efficient long-distance transportation system with coordinated
Schedules, rates, routes, and pick-up and drop-off points. The
LGU and the private sector, including but not limited to, mall



owners and bus companies, may be tapped in order to put up or
use existing facilities such as parks, parking lots, and bus
depots that will serve as large collective transportation terminals
where people can park their cars and bikes and take the buses
to their destinations.

B. Establishment of a Water Ferry System. - As much as
practicable, the national agencies and water regulatory bodies in
charge of a water body led by the DENR, in coordination with the
PoTs, shall study and initiate the establishment of ferry system
in navigable bodies of water.

Sec. 10. Transportation Demand Management Program
The DOTr, in coordination with the Department of Labor and
Employment (DOLE), Department of Education (DepEd), Department
of Trade and Industry (DTI), and one representative each from the civil
Society, transport sector, and the youth, shall come up with guidelines
on transport demand management programs that will reduce the
volume of cars and motorized transport in the roads as well as
enhance and encourage students and workers to use. the public
transport system

These shall include, but is not limited to, the following:
a) Carpool, vanpool, or car-share projects
b) Car ownership policies in relation to parking and air pollution;
©) Congestion pricing measure:
4) Programs to promote telecommuting:
¢) Flexible work schedules, or satellite work centers;
)) Transport program for government employees; and
8) Intellectual transportation systems.

See. 11. Facilities. - The DOTr, in coordination with the DPWH
and the LGUs concerned, shall carry out an investment program that
will encourage a shift to su stainable transport within selected
communities by providing safe and convenient options to bicycle and
walk for routine travel, and. for other purposes. Transit-oriented
development, supporting facilities for non-motorized transportation,
intermodal connectivity and public transportation shall be developed
in accordance with the land use and transportation plan

Sec. 12. Public Health Program. - An Inter-Agency Task Force
composed of the DOTr and the DOH shall be created to k ad the
formation and the implementation of a Transportation and Health
Impacts Program. The Task Force shall formulate strategies for the
reduction of the negative health and environmental impacts. ol
transportation to road users. These strategies shall include, but not
be limited to strengthening of public health services, formulation of
the necessary department administrative orders and required regular
Seneral and audio-logical checkup for road users and affected



cvatunities. Further, the Task: Force shall regularly monitor and
evaluate these strategies

Sec. 13. Education and Research Programs. — he DOotr and
NEDA shall conduct studies and researches. and eventually supply
information to the car-owning and riding public as well ne commuters
98 aspects of sustainable transport that are relatively new. Technical
aesistince may be provided to other government agencies and private
sector representatives involved in the transport system.

The DOTr shall also conduct continuous public consultations
and social impact assessments among stakeholders affected by the
Sustainable Transport Action Plan. Soc jal safety nets. shall be
carefully studied, formulated and implemented, as needed.

Bee) 14. Financing. ~ The’ DOTr. in, coordination with key
Stakeholders ‘deemed necessary, ‘shall explore the Possibility of
arcessing @ growing range of global environment funds in order to be
able to assist in the funding of sustainable public transport systems.
Public-private partnerships shall also be encouraged in the
development of transportation improvements.

Further, ‘seventy-five percent (75%) of the seven and one half
Percent (7.5%) allotted in the Special Vehicle Pollution Control! § und
[SVPCF) provided for in Section 7:of Republic Act No. 8704 ce An Act
imposing A Motor Vehicle User’s Charge On Owners Of All Types Of
Motor Vehicles And For Other Purposes shall be retained by the DOr
for the implementation of this Act

See. 15. Implementing Agency. — ‘the DOtr shall be the main
implementing agency for this Act

Sec. 16. Separability Clause. - Should any provision herein
be subsequently declared invalid or unconstitutional the same shall
not affect the validity or the legality of the other provisions not so
declared.

Sec. 17. Repealing Clause. - All laws, presidential decrees,
Sree Orders, rules and regulations, other issuances, and parts
thereof, which are inconsistent with the provisions of thie Act, are
hereby repealed and modified accordingly

Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in ane two (2)
newspapers of general circulation in the Philippines

Approved,