TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S.B. No.
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365
f [1 :■ c
of t’jf ft.al'
25 JULIO P2«6
HtCEI'VED BY' ....
Introduced by Senator WIN GATCHALIAN
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY
TECHNOLOGIES
EXPLANATORY NOTE
The Philippines generates an average of 22.9 million metric tons of waste annually.1 
Following a historical average annual growth rate of 1.72% from 2020 to 2024, it is 
projected that the country will produce 29.60 million tons of waste by 2040 - almost 
a 30% increase from 2025.2 As of May 2025, there are 53 illegal dumpsites while there 
are 373 operational sanitary landfills.3
Republic Act No. 9513 otherwise known as the Renewable Energy Act of 2008 
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.4 More than a decade since its passage, 
there are only five operational WTE plants. This only produces 9.69MW capacity for 
commercial operational, 624 kW for own use and 650 metric tons per day of refuse- 
derived fuel (RDF).5
1 National Solid Waste Management Commission (2025).
2 Id.
3 Id.
4 Section 4(b) ad Section 30 of Republic Act No. 9513.
5 Department of Energy (2025).


To address the garbage crisis in the country, this measure provides an additional 
solution on top of the 4Rs - reduce, reuse, recycle and recover - while at the same 
time increasing the energy production in the country through WTE. 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; (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; and (4) ensuring the protection of 
the public's health and the environment by the strict implementation of health and 
environmental standards applicable to WTE facilities operation.
Given the foregoing, the immediate passage of this measure (s sought
WIN GATCHALIAN


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S.B. No.
SENATE
365
!*•: X/ r i
of I’jr ;3-’ u i'i.n
25 JUL 10 P2 X)7
RKEiVEDBV;
Introduced by SEN. WIN GATCHALIAN
AN ACT
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR FACILITIES UTILIZING WASTE-TO-ENERGY
TECHNOLOGIES
Be ft enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Short Title. - This Act shall be referred to as the "Waste-to-Energy
Act".
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 technologies, in order to attain 
sustainable energy and energy security;


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


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(f) 
Collection refers to the act of removing solid waste from the source or from 
a communal storage point;
(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 means any air contaminant, pollutant, gas stream, or unwanted 
sound from a known source which is passed into the atmosphere;
(j) 
Hazardous waste refers to substances that are without any safe commercial, 
industrial, agricultural, or economic usage. It also includes those which are 
shipped, transported, or brought from the country of origin for dumping or 
disposal into or in transit through any part of the Philippines. It shaii 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 discards 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
(ii) 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 
existing laws, rules, and regulations;
(l) 
Local Government Solid Waste Management Plan refers to the ten (10) year 
solid waste management plan, consistent with the National Solid Waste 
Management Framework, prepared by the LGUs pursuant to Section 16 of 
Republic Act No. 9003, as amended;


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(m) Municipal waste refers to wastes produced from activities within LGUs which 
include a combination of domestic, commercial, institutional, and industrial 
wastes and street litters pursuant to Republic Act No. 9003, as amended;
(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 prescribing 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 Nationai Solid Waste Management 
Framework pursuant to Section 14 of Republic Act No. 9003, as amended;
(q) 
Poisonous and toxic fumes mean any emissions 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 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 a 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
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different materials found in solid waste in order to promote recycling and re-
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use of resources, facilitate waste treatment processes, and to reduce the
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volume of waste for collection and disposal pursuant to Republic Act No. 9003,
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as amended;
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(x) Solid waste refers to all discarded household, commercial waste, non-
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hazardous institutional and industrial waste, street sweepings, construction
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debris, agricultural waste, and other non-hazardous or non-toxic solid waste.
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It shall not include:
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(i) Waste identified or listed as hazardous waste of a solid, liquid, contained
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gaseous, or semisolid form, which may cause or contribute to an
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increase in mortality or in serious or incapacitating reversible illness, or
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acute or chronic effect on the health of persons and other organisms,
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(ii) Infectious waste from hospitals such as equipment, instruments,
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utensils, and fomites of a disposable nature from patients who are
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suspected to have or have been diagnosed as having communicable
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diseases and must therefore be isolated as required by public health
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agencies, laboratory wastes as pathological specimens, and disposable
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fomites that may harbor or transmit pathogenic organisms, and surgical
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operating room pathologic materials from outpatient areas and
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emergency rooms, and
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(iii) Waste resulting from mining activities, including contaminated soil and
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debris;
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(y) Solid waste management facility refers to any resource recovery system or
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component thereof; any system, program or facility for resource
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conservation; any facility for the coilection, source separation, storage,
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transportation, transfer, processing, treatment, or disposal of solid waste;
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(z) Solid waste management refers to the discipline associated with the control
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of generation, storage, collection, transfer and transport, processing, and
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disposal of solid wastes in a manner that is in accord with the best principal
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of public health, economics, engineering, conservation, aesthetics, and other


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environmental considerations, and that is also responsive to the public
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attitudes;
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(aa) yi/3ste refers to any material misplaced, unused or rejected by persons as
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worthless or unwanted. It includes, among others, agricultural, biomedical,
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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 through
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a 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 to the waste materials with calorific-value that are taken
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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; 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 energy
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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 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 a 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 in compliance with best available techniques
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and/or best existing practice 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 
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 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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(i) Standards, criteria, and guidelines for:
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1. Determination of the feasibility of integrating a WTE strategy in
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the Local Government Solid Waste Management Plan, taking
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into account the volume of WTE feedstock that may be
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generated from municipal waste in an LGU or cluster thereof;
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2. Characterization and composition of solid waste utilized as
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waste feedstock for WTE facilities to ensure emissions are
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compliant with Republic Act No. 8749 and other relevant laws,
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rules, and regulations.
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3. Transport, storage, and pre-processing of WTE feedstock,
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4. Pre-operation, siting, design, operation, and maintenance of
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WTE facilities,
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5. Quality control and operational control of WTE facilities,
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6. Management of residue from WTE facilities, if any;
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7. Pollution abatement, emissions monitoring, environmental
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monitoring, public health and safety monitoring in relation to
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WTE facilities,
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8. Decommissioning, closure, and abandonment of WTE facilities,
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and
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9. Other guidelines pursuant to relevant laws, rules, and
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regulations, and
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Minimum standards, criteria, guidelines, in determining a fair, equitable,
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and reasonable processing fee for WTE facilities taking into
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consideration, among others, the cost of construction, operation, and
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maintenance of the facility as well as the potential revenue from the
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sale of energy output, in consultation with relevant government
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agencies, experts, and stakeholders;
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(d) Consolidate and make available to the public, through its website and any
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online means, 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;
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(iii) General feedstock characterization;
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(iv) Status and projection of feedstock generation;
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(v) Specific locations of potential feedstock and WTE facilities; and
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(vi) Other relevant information;
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(e) Provide policy guidelines to assist LGUs in the development of WTE facilities to
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include the determination of the potential of WTE facilities in their respective
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localities;
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(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective Local
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Government Solid Waste Management Plans;
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(g) Identify and recommend potential clustering of LGUs for a common WTER
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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 Management
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Boards especially for clustered LGUs employing a common WTE facility; and
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(i) Perform all other acts that are analogous to the foregoing, which are necessary
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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, otherwise known as the Department of Energy
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Act of 1992, as amended, the Department of Energy (DOE) shall:
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(a) Issue permits to WTE facilities based on the energy output, and determine the
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standards, criteria, and requirements appiicable for each kind of WTE facility
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pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic Act No.
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9367, Republic Act No. 9513, and other relevant laws, rules, and regulations;
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(b) Include a WTE strategy in the Philippine Energy Plan, taking into consideration
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the National Solid Waste Management Framework;
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(c) Regularly submit to the NSWMC and make available to the public, especially to
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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; and
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(d) Perform all other acts that are analogous to the foregoing, which are necessary
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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 capability building assistance and support to LCDs
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based on the policy guidelines created by the NSWMC pursuant to Section 6(e)
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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 of
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waste, quality control, operational control, pollution abatement, management
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of residue, emissions monitoring, environmental monitoring, public health and
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safety monitoring, decommissioning, closure, and abandonment, among
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others, taking into account the NSWMC's standards, criteria, and guidelines
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issued pursuant to Sec. 6(c) of this Act and other relevant laws, rules, and
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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 WTE
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facilities with the provisions of this Act and other relevant laws, rules, and
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regulations;
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(g) Exercise visitorial and enforcement powers to ensure strict compliance of WTE
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facilities with this Act, Republic Act No. 9003, as amended. Republic Act No.
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8749, and other relevant laws, rules, and regulations;
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(h) Recommend to the NSWMC policies to address challenges of WTE facilities from 
a solid waste management perspective; and
(i) Perform all other acts that are analogous to the foregoing, which are necessary 
and incidental to accomplish the policy objectives of this Act.
Sec. 9. Role of the Department of Health. - In addition to its existing powers and 
functions, the DOH shall:
(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant to 
Republic Act No. 11223 and Presidential Decree No. 1586, as part of the 
Environmental Impact Assessment System, to be jointly reviewed and approved 
by the DOH and DENR prior to construction and operation;
(b) Implement and revise, when necessary, together with DENR, existing 
guidelines issued pursuant to Republic Act No. 9003, as amended, on waste 
transport, pre-operation, waste acceptance, waste storage, pre-processing of 
waste, quality control, operational control, pollution abatement, management 
of residue, emissions monitoring, environmental monitoring, public health and 
safety monitoring, decommissioning, closure, and abandonment, among 
others, taking into account NSWMC standards, criteria, and guidelines under 
Sec. 6(c)of this Act and other relevant laws, rules, and regulations, and in 
consultation with relevant stakeholders;
(c) Regularly conduct an analysis of the effects of WTE facilities and disposal sites 
on public health and submit the same to the NSWMC for consolidation, and 
DENR for proper action, if applicable;
(d) Undertake research on the public health impact of WTE facilities together with 
government agencies, the academe, and private stakeholders;
(e) Make available to the public, through its website and any online means, studies 
and analyses of the effects of WTE facilities and disposal sites on public health; 
and
(f) Perform all other acts that are analogous to the foregoing, which are necessary 
and incidental to accomplish the policy objectives of this Act.


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Sec, 10. Role of the Local Government Units. - In addition to their powers, functions, 
and responsibiiities under Republic Act No. 7160, otherwise known as the Local 
Government Code of 1991, and Republic Act No.9003, as amended, LGUs shall:
(a) In the case of a city or municipality and if applicable, be responsible for the 
hauling of WTE feedstock to a WTE facility;
(b) In the case of a province and if applicable, prove necessary logistical and 
operational support for the processing of WTE feedstock in a WTE facility;
(c) Include a WTE strategy, if feasible, in their respective Local Government Solid 
Waste Management Plans;
(d) Comply with the standards, criteria, and guidelines on WTRE feedstock and 
WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, idf 
applicable; and
(e) Be authorized to enter into and shall comply with all obligations undert the 
following:
(i) Clustering arrangements with other LGUs for a common WTE facility, on 
their own or upon recommendation of the Provincial Solid Waste 
Management Board or the NSWMC: Provided, That the province shall have 
the power to cluster component cities and municiplaities based on the 
NSWMC approved provincial and local solid waste management plans and 
the recommendation of the NSWMC pursuant to Section 6(g) of this Act,
(ii) Long term contracts with WTE facilities, on their own or with clustered LGUs, 
and
(iii) Public private partnerships pursuant to Republic Act No. 6957 otherwise 
known as An Act Authorizing the Financing, Construction, Operation and 
Maintenance of Infrastructure Projects by the Private Sector, and for other 
Purposes as amended, cooperative undertakings under Section 33 of 
Republic Act No. 7160, and other contractual arrangements provided for 
under existing laws, rules, and regulations as well as the LGUs' respective 
charters for the establishment of WTE facilities: Provided, That WTE 
projects submitted to the Investment Coordinating Committee pursuant to 
Republic Act No. 6957, as amended, shall be acted upon within thirty (30)
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working days from submission: Provided further, That failure to act within
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the prescribed time frame shall deem such projects approved.
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The national government shall provide support to all LCDs towards the effective
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implementation and the achievement of the policy objectives of this Act;
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Provided that the provision of support by the national government shall be
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compliant with the provisions all relevant laws, 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 Management
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Plan taking into consideration the Local Government Solid Waste Management
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Plans of all its component cities and municipalities;
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(b) Recommend potential locations for WTE facilities in the Provincial Solid Waste
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Management Plan;
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(c) Identify and recommend, or direct pursuant to Section 10 of this Act, clustering
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of component cities and municipalities for a common WTE facilitiy, based on
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the Local Government Solid Waste Management Plans of all its component cities
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and municipalities;'
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(d) Provide the necessary logistical and operational support to cities and
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municipalities who have the potential to be clustered, have decided to be
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clustered, or have been directed to be clustered pursuant to Section 10 of this
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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 Management
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Boards in identifying possible inter-and intra-province clustering for a common
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WTE facility.
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Sec. 12. Pole 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 
feasible, in its Local Government Solid Waste Management Board.
Sec. 13. Role of the Public-Private Partnership Center. - The Public-Private 
partnership Center shall provide support to LGUs towards the effective implementation 
and the achievement of the policy objectives of this Act in accordance with its mandate 
under existing laws, issuances, rules, and regulations.
Sec. 14. Permits and Licenses-The procedure for the issuance of permits and 
licenses for all kinds of WTE facilities shall be governed by Republic Act No. 11234, 
otherwise known as the Energy Virtual One-Stop Shop Act.
Sec. 15. Prohibited Acts. - The following acts are prohibited:
(a) For LGUs:
(i) Failure to include, if feasible, and implement, if applicable, the WTE 
strategy in their respective Local Government Solid Waste Management 
Plans,
(ii) Failure to perform the responsibilities in Section 10 on the Role of Local 
Government Units, Section 11 on the Role of the Provincial Solid Waste 
Management Board, and Section 12 on the Role of the City or Municipal 
Solid Waste Management Board;
(b) For government agencies, failure to perform the powers and functions 
indicated under Section 6 on the National Solid Waste Management 
Commission, Section 7 on the Role of the Department of Energy, Section 8 on 
the Role of the Department of Environment and Natural Resources, and Section 
9 on the Role of the Department of Health; and
(c) For WTE facilities:
(i) Failure to comply with the responsibilities in Section 5 on Waste-to- 
Energy and Waste-to-Energy Facility; and
(ii) Use of imported solid waste as WTE feedstock for a WTE Facility.
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Sec. 16. Penalties. - Without prejudice to civil and criminal liability, the
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following persons found to have violated the Sections mentioned below shall be meted
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with the following penalties:
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(a) Officials of LCDs who violate Section 15(a):
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(i) First offense: six (6) months suspension,
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(ii) Second offense: Dismissal from service, perpetual disqualification from
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holding public office, and forfeiture of retirement benefits.
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(b) Officials of LCDs and government agencies who violate Section 15(b) shall
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suffer dismissal from service, perpetual disqualification from holding public
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office, forfeiture of retirement benefits, and imprisonment for one (1) to six
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(6) years with a fine of not less than Five hundred thousand pesos
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(P500,000.00) but not more than Two million pesos (P2,000,000.00).
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(c) Any person who violates Section 14(c)(i):
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(i) First offense: Fine of One million pesos (PI,000,000.00) and an amount
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not less than ten percent (10%) but not more than fifteen percent (15%)
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of the net annual income during the previous year,
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(ii) Second offense: The same penalties as with the first offense including an
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additional penalty of imprisonment of a minimum period of one (1) year
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but not to exceed three (3) years,
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(iii)Third offense: The same penalties as with the second offense and
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permanent revocation of the license of the WTE facility;
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(d) Any person who violates Section 14(c)(ii) shall pay a fine of One million pesos
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(PI,000,000.00) and an amount not less than ten percent (10%) but not more
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than fifteen percent (15%) of the net annual income during the previous year,
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and shall suffer imprisonment of a minimum period of one (1) year but not to
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exceed three (3) years and permanent revocation of the license of the WTE
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facility. The same person shall repatriate the imported municipal solid waste
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to its country of origin.
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For Section 14, if the violation is committed by a corporation, partnership, or
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other juridical entity duly recognized in accordance with the law, the chief
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executive officer, president, general manager, managing partner, or such
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Other officer-in-charge shall be liable for the commission of the offense
penalized under this Act.
Sec. 17. Incentives. - WTE facilities, depending on their output, shall be 
entitled to avail of the incentives under Republic Act No. 9637 otherwise known as the 
Biofuels Act of 2006 and Republic Act No. 9513 otherwise known as the Renewable 
Energy Act of 2008.
Sec. 18. Establishment of Dedicated Offices. - The DOE, DENR, DOH and 
NSWMC shall establish dedicated offices for the effective implementation of this Act. 
The organizational structure and staffing complement shall be determined by the 
Secretaries of DOE, DENR, and DOH in consultation with the Department of Budget 
and Management, and in accordance with existing civil service rules and regulations. 
The budgetary requirements necessary for the establishment of the dedicated offices 
shall be taken from the current appropriations of DOE, DENR, DOH, and NSWMC. 
Thereafter, the funding for the dedicated offices shall be included in the annual 
General Appropriations Act.
Sec. 19. Appropriations. - The amount of Fifteen Million Pesos 
(P15,000,000.00) for DOE, Three Hundred Million Pesos (P300,000,000.00) for DENR, 
Forty-Five Million (P45,000,000.00) for DOH, and Twenty-Seven Million Pesos 
(P27,000,000.00) for NSWMC for the initial implementation of this Act shall be charged 
against the current year's appropriations of the DOE, DENR, DOH, and NSWMC 
respectively. Thereafter, such amounts necessary for the sustainable implementation 
of this Act shall be included in the Annual General Appropriations Act.
Sec. 20. Congressional Oversight - The Joint Congressional Oversight 
Committee (JCEC), created under Republic Act No. 9136 and renamed under Republic 
Act No. 11285, shall exercise oversight powers over the energy aspect of the 
implementation of this Act. The Chairpersons of the Committee on Environment and 
Natural Resources of the Senate and the House of Representatives shall be automatic 
members of the JCEC.
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Sec. 21. Implementing Rules and Regulations. - The DOE together with the 
DENR, in consultation with DOH, NSWMC, Department of Interior and Local 
Government, LGUs, and public and private stakeholders, shall issue the implementing 
rules and regulations of this Act within ninety (90) days upon its effectivity.
Sec. 22. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
Sec. 24. Repealing Clause.-^t\'i law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 24. Effectivity Clause.-Jt\\s Act shall take effect fifteen (15) days following 
its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,
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