Republic of the Philippines
| HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

1869

HOUSE BILL NO.

Introduced by Representative CHING B. BERNOS

CREATING THE ABRA RIveR BASIN DEVELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING FUNDS
THEREFOR
EXPLANATORY NOTE

‘The Abra River is the sixth largest river system in the Philippines in watershed size.
Its drainage area is estimated at 5,125 kilometers with a length of 178 kilometers from its
source at Mt. Data in Benguet Province. Along with its primary tributary, the Tineg River,
Abra River passes through various localities in the landlocked province of Abra down to
neighboring Ilocos Sur. It is a lifeline for many people who live near the Abra River:

fishermen, farmers, budding businesses and major industries.

Back in the 1970s, the upper Abra River was classified as Class A while the lower part
of the river was categorized as Class B, which generally renders it suitable for domestic use.
Sadly, developmental tradeoffs are fast catching up with the torrents of the mighty Abra
River. As early as 2005, chemical analysis of the Abra River water condition conducted by
experts from| the St. Louis University revealed that it has dangerously high levels of
substances -dous to humans. The situation gets even worse every year. This is primarily
attributed to uncontrolled industrialization, forest denudation, mining and rapid population

growth. Moreover, because of poor drainage and lack of comprehensive flood control


systems, the river inundates homes, farmlands and communities paralyzing the local

economy and sometimes claiming lives of many during the typhoon season.

Through this bill, we will save the northern Philippines’ most important water network
by regulating commercial and residential activities affecting the Abra River. The bill will help
ensure that the discharges do not exceed the allowable established limits for the river's
natural waste assimilation capacity. A long-term Abra River Rehabilitation Roadmap and
Master Plan will also be adopted to ensure that the people are well guided in all sorts of

developments while still maintaining the livability of the nearby communities.

This bill also welcomes the participation of the private sector as members of the board
of directors. Public-private sector partnership is likewise considered as the government opens

up, not just management, but also financing options.

Our children and the generations after them deserve the generous bounty that a clean,

healthy and safe Abra River has to offer.

To save the Abra River from imminent degradation, immediate passage of this bill is

earnestly sought.

|. CHING B. BERNOS:
‘Lone District, Abra


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1869

Introduced by Representative CHING B. BERNOS

AN ACT
CREATING THE ABRA RIVER BASIN DEVELOPMENT AUTHORITY,
PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING
FUNDS THEREFOR

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

SECTION. 1. Short Title. - This Act shall be known as the “Abra River Basin
Development Authority Act.”

SEC. 2. Declaration of Principles and Policies. — It is the policy of the State
to protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. Toward this end, the State shall pursue
a policy of sustainable economic growth in a manner consistent with the protection,
preservation and revival of the quality of our river systems.

Toward this end, the State shall pursue a policy of sustainable economic growth in
a manner consistent with protection, preservation and revival of our river systems
including the Abra River. It shall likewise ensure the implementation, management and
oversight of the adoption of necessary measures and programs on flood control and
drainage system in all the river systems connected to the Abra River Basin System to
eliminate the adverse effects of typhoons and floods during rainy season and protect its

ecology from pollution caused by mining and various industrial activities in the area.



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SEC. 3. Definition of Terms. — As used in this Act:

a) | Discharge includes the act of spilling, leaking, pumping, pouring, emitting,
emptying, releasing or dumping of any material into a water body or onto land from which
it might flow or drain into the water;

b)| Effluent refers to sewage passed into a body of water or land or industrial
waste or wastewater flowing out of a manufacturing plant, industrial plant and domestic
household including commercial and recreational facilities;

©) | Geographic Information System (GIS) Mapping refers to computerized
data management system to capture, store, manage, retrieve, analyze, and display spatial
information in which data are geo-referenced to the coordinates of a particular projection
system which allows precise placement of features on the earth’s surface and maintains
the spatial relationships between mapped features such as slope, soils, hydrography,
bathymetry, demography, wetlands and land use which can be combined to develop maps
suitable for regulatory and planning decisions;

d)| Hazardous waste refers to solid waste or combination of solid waste which,
because of its quantity, concentration, or physical, chemical or infectious characteristic,
may caus¢ or significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating illness, or pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported or
disposed of or otherwise managed; and

e) | Land swapping refers to the process of land acquisition by exchanging land
for another piece of land of equal value or for shares of stock in a government or quasi-
government corporation whose book value is of equal value to the land being exchanged,
for the purpose of planned and rational development such as provision for wastewater

treatment facilities and socialized housing where land values are determined based on


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land classification, market value and assessed value taken from existing tax declarations
and wherein valuable lands owned by private persons may be exchanged with less
valuable lands.

SEC. 4. Abra River Basin Development Authority. — There shall be created
under the Office of the President, an independent regulatory body possessing corporate
attributes with quasi-judicial and quasi-legislative powers to be known as the Abra River
Basin Development Authority, hereinafter referred to as the “Authority.” The Authority
shall be the primary government agency that shall coordinate, plan, manage and
implement the development programs and resource utilization in the Abra River Basin
System. The Authority shall execute the powers and functions vested and conferred by
this Act.

The Abra River Basin System consists of all barangays located along the Abra
River, Tineg River and its tributaries and areas adjacent to them in the Provinces of Abra,
Benguet and Ilocos Sur that drain to or branch out from the Abra River and the industrial,
commercial, business, residential, recreational and other private and public areas
contiguous to the environmental preservation areas, as may be determined by the
Authority]

SEC. 5. General Policies. — In the exercise of its powers and duties, the Authority
shall be guided by the following policies:

a) | The rehabilitation and sustainable development of the Abra River Basin
System shall be given due importance to preserve, protect and develop Abra River's
ecological balance;

b) The preparation, development and implementation of a comprehensive and
detailed 25-year Abra River Rehabilitation Roadmap and Master Plan based on the

framework of sustainable water management shall be prioritized in consultation and


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coordination with the local government units (LGUs), Department of Environment and
Natural Resources (DENR), Department of Interior and Local Government (DILG),
Department of Public Works and Highways (DPWH), National Economic Development
Authority (NEDA) and other appropriate government agencies and stakeholders;

c)| Consistent with the 25-year Abra River Rehabilitation Roadmap and Master
Plan, the implementation of short and medium-term programs, activities and projects to
attain the objectives of this Act shall be prioritized, which is, among others, to transform
and upgrade the water quality of the Abra River Basin System to Class B water quality
classification;

d)| Mining laws and regulations, including Republic Act No. 7492, otherwise
known as the “Philippine Mining Act of 1995” and Executive Order No. 79, Series of 2012,
among others, shall be implemented to regulate commercial, industrial and similar
activities in areas along Abra River and its major tributaries;

e)| Participation and role of the LGUs specifically the barangays in the
implementation and enforcement of existing environmental laws such as Republic Act
No. 9275, otherwise known as the “Clean Water Act of 2004” and Republic Act No. 9003,
otherwise known as the “Ecological Solid Waste Management Act of 2000,” shall be
strengthened to renew the ecology of the Abra River;

f) Participation of the private sector and civil society organizations in
transforming the Abra River Basin System into a conducive environment for recreation,
business and other productive uses shall be encouraged through private sector-driven and
cleaner technology-based investments in ecosystem development;

g) Planning, programming, social preparation and adjustment, relocation or
resettlement of the population from the declared environmental preservation areas

(EPAs) of the Abra River Basin System shall be implemented in coordination with



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appropriate government agencies and LGUs to ensure that relocation and resettlement
areas have permanent access to adequate basic social services and livelihood
opportunities; and

h) Massive information and education campaign shall be conducted to amplify
stakeholder awareness and voluntary participation on the importance of environmental
restoration, rehabilitation, protection and conservation of the Abra River Basin System in
close coordination with LGUs and other government agencies.

SEC. 6. Powers and Functions. - The Authority shall exercise the following
powers and functions:

a) Work closely with the DENR, DPWH, National Irrigation Administration
(NIA), Department of Agriculture (DA), and the Provincial Government of Abra to ensure
the provision for adequate, dependable and reliable wastewater treatment facilities and
sewerage systems in all their authorized service areas, particularly, in the unserved and
under-seryed communities and barangays within the Abra River Basin System;

b) Periodically conduct comprehensive scientific surveys, studies, field
sampling and laboratory testing, and GIS-mapping of the Abra River Basin System, in
coordination with the Department of Science and Technology (DOST), DENR-
Environmental Management Bureau (EMB), and National Mapping and Resource
Information Authority (NAMRIA) to monitor, evaluate, update and analyze among
others, the physical, biological, chemical, hydrologic, bathymetric and hydrographic
characteristics including socio-economic profile of the stakeholders, trade, industrial and
commercial profile, status of the national government agency and LGU programs and
projects, biometric tagging and identification of informal settlers, parcellary land use and
zoning aspects, mapping of critical effluent discharge areas, and transportation and
navigation attributes, historical and tourism elements;



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) Engage the services of the private sector through the Public-Private
Partnership (PPP) process or through the Built Operate and Transfer (BOT) Scheme
under Republic Act No. 6957, entitled “An Act Authorizing the Financing Construction,
Operation and Maintenance of Infrastructure Project by the Private Sector, and For
Other Purposes,” or other acceptable forms of partnership and agreements in establishing
its own water quality laboratory, environmental, biological and microbiological
laboratory, GIS-mapping system, surveillance, monitoring and enforcement system
through high-definition closed circuit televisions or other surveillance and monitoring
technologies and new technologies on highly-specialized fields including sewerage and
sewage treatment systems which require the expertise and investment of the private
sector;

@) | Engage in land swapping in securing relocation and resettlement areas, and
in sludge or contaminated sediment disposal and treatment sites whenever necessary,
whether by itself or in cooperation with private persons or entities, enter into other
acceptable exchange agreements related to social and ecological development projects;

e) Engage in experimental community-based integrated wastewater
management technologies and strategies including the collection and disposal system,
sewage and septage treatment, collection and disposal of floating garbage, solid waste by-
products, sludge or contaminated sediments;

f) Identify, secure and possess near-site or on-site development areas for low-
cost and socialized mass housing of qualified informal settler families;

g) | Clear and dismantle all illegal structures, in coordination with the local
government units, DILG and Philippine National Police (PNP), and ensure that the
easements provided for in this Act and other related laws are enforced, especially in all

the esteros and waterways that drain into and branch-out of the Abra River;


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h)| Formulate and implement the comprehensive Abra River Rehabilitation
Roadmap and Master Plan with the help of the NEDA and other agencies or entities;

i) | Reviewall plans, projects and programs on the Abra River Basin System and
the expansions thereto including those submitted by LGUs, public corporations, public
utility franchisees, concessionaires, private persons or corporations that relate to the
development of the Abra River Basin System to ensure that they conform to
environmental standards prescribed by the Authority and other environmental laws;

j) Through proper coordination with the DPWH and other appropriate
government agencies, implement infrastructure projects such as flood control, solid waste
management, wastewater and sewerage, water supply, access roads, access ports,
housing, leisure parks and related works within the context of its master plan including
the readjustment, relocation or resettlement of population within the Abra River Basin
System that may be deemed necessary and beneficial in pursuit of its mandate. In case
any of these projects is financed wholly or in part by the Authority, it shall have authority
to collect fees and tolls from users or beneficiaries to recover costs of construction and
maintenance of the projects. Infrastructure projects which are in the nature of social
overhead capital projects shall be entitled to receive the corresponding financial
assistance from the government;

k) Implement, in coordination with the Philippine Reclamation Authority and
the LGUs, dredging or reclamation projects;

1) | Conduct, in close coordination with the DENR, DOST, the academe and
other private and public research institutions, continuing research and development
Programs| on water quality management technologies, integrated water resource
management models and techniques, and appropriate wastewater technologies, with the

end view of promoting sustainable development;


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m) Without prejudice to existing environmental laws, establish and enforce
anti-pollution standards and water quality guidelines on domestic, municipal,
commercial and industrial wastewater and effluents being discharged into the river
system;

n) Adopt rules and regulations governing the approval of sewage works and
industrial waste treatment and disposal systems and the issuance of clearances or permits
in accordance with the provisions of this Act and inspect the construction and
maintenance of sewerage works and industrial waste treatment and disposal systems in
compliance with clearance or permit conditions;

0) Require all projects or activities affecting the Abra River Basin System to
secure enyironmental compliance certificates (ECCs) required under Presidential Decree
No. 1586 and grant clearances and permits for projects and activities within or affecting,
the Abra River Basin System including industrial and commercial activities, recreation
and tourism, navigation, housing and other forms of land developments, construction and
operation pnd impose necessary safeguards, management and control of wastewater and
collect necessary fees for such activities and projects;

Pp) | Issue, renew or cancel permits, subject to reasonable guidelines, for the
discharge of sewage, septage, industrial waste and installation or operation of sewerage
works and industrial disposal systems or parts thereof, for the prevention and abatement
of pollution;

q) Require mining companies within the territorial jurisdiction of the
Authority to utilize allowable mining wastewater treatment systems, technologies on
treatment of contaminated fresh surface waters, practice onsite reduction of metals, and
control, contain and manage mine tailings that, as much as possible, must not be

discharged to the Abra River or any of its tributaries;



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rn) Require subdivisions, condominiums, clinical and medical establishments,
mortuaries, car and motor repair shops, private and public markets, abattoirs, private and
public buildings and other similar structures within the Abra River Basin System to
construct|and provide appropriate individual and decentralized wastewater and sanitary
treatment plants, or centralized sewerage systems and sewage treatment facilities. The
Authority shall impose reasonable fees and other similar charges for the issuance or
renewal of all the required permits;

s) Impose annual fees or levies in the form of local tax on all industrial and
commercial users of the Abra River and its tributaries as well as the esteros branching
from and draining into the Abra River;

t) Issue, after due notice and hearing, orders or decisions to compel
compliance with the provisions of this Act and its implementing rules and regulations;

u)| Issue, alter or modify, after due notice and hearing, orders decisions
requiring the discontinuance of pollution specifying the conditions and the time within
which such discontinuance must be accomplished;

v) _ Revoke, suspend or modify, after due notice and hearing, any clearance or
instrumentalities for the purpose of enforcing the provisions of this Act and its
implementing rules and regulations;

w)|  Deputize or request the assistance of appropriate government agencies or
instrumentalities for the purpose of enforcing the provisions of this Act and its
implementing rules and regulations and the orders and decisions of the Authority;

x) Enter, inspect or investigate at all reasonable times any public and private
property devoted to commercial and industrial use within the Abra River Basin System,
on any matter relating to pollution and existing or imminent environmental hazard and

danger;



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y)| Fix, impose, collect, periodically review and adjust reasonable fees and
other related charges for services rendered in the performance of its mandate; and

z)| — Exercise powers and perform other functions as may be necessary to carry
out its duties and responsibilities under this Act.

SEC. 7. Corporate Powers. - The Authority shall exercise the following
corporate powers:

a) Succeed in its corporate name;

b)| Sue and be sued in its corporate name;

°) Adopt, alter and use a corporate seal;

d) Adopt, amend or repeal its by-laws;

e)| Enter into, make, perform and carry out contracts of any class, kind and
description with any person, firm or corporation, private or public and with foreign
government entities which are necessary or incidental to the realization of its purpose;

f) Acquire, buy, purchase, hold or lease such personal and real property as it
deems necessary or convenient in the transaction of its business or to lease, mortgage,
sell, alienate or otherwise encumber, utilize, exploit or dispose of any such personal and
real property held by it, subject to prior or existing individual or communal right of private
parties or of the government or any agency or enterprise thereof. No real property within
the Abra River Basin System shall be sold or disposed of without the approval of the
President of the Philippines;

2) _ Receive and utilize donations, grants, bequeaths and assistance of all kinds
from local| and foreign governments and private sectors;

h) Exercise the right of eminent domain whenever the Authority deems it
necessary to carry out the objectives under this Act;

i) | Borrow funds from any local or foreign sources independent of the bonds it

may issue to carry out the purposes of this Act;
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0) Purchase, hold, alienate, mortgage, pledge or otherwise dispose of the
shares of the capital stock of or any bond, securities or other evidence of indebtedness
created by any other corporation, co-partnership or government agencies or
instrumentalities. The Authority shall not invest its funds in any high-risk instruments
or in any highly speculative stocks issued without recourse to commercial banks or
investment houses;

k) | Perform any acts which a corporation or a juridical person is authorized to
perform under the existing laws;

) Provide incentives to encourage the private sector to fully subscribe to its
shares of stock; and

m) _ Issue such other rules and regulations as may be deemed necessary to carry
out the purposes of this Act.

SEC. 8. Board of Directors. - The corporate powers of the Authority shall be
vested in and exercised by a Board of Directors, hereinafter referred to as the Board, which
shall be composed of the following:

a) General manager of the Authority, as chairperson;

b) Secretary of the DENR, as ex-officio vice-chairperson;

<) | Secretary of the DPWH, as ex-officio member;

d) Secretary of the DILG, as ex-officio member;

e) A representative from the Office of the Governor of the Province of Abra;
and

|
f) Two (2) representatives from the private sector who are shareholders or

stakeholders in the Abra River, as members.
The ex-officio members of the Board may designate the officer next in rank as a
]

permanent alternate representative to the Board.


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The appointment and qualification of the members of the Board shall be in
accordance with the provisions of Republic Act No. 10149, otherwise known as the “GOCC.
Governance Act of 2011.” The Governance Commission for Government-Owned or-
Controlled Corporations shall give utmost consideration to the nominees recommended
by the general manager. The general manager shall recommend at least three (3) names
for every yacant position.

SEC. 9. Powers and Functions. — The Board shall exercise the following powers
and fun fine?

a) Provide a comprehensive policy guidance for the rehabilitation and
development of the Abra River Basin System;

b)| Prescribe and promulgate policies, rules and regulations to govern the
conduct of business of the Authority and ensure that the Authority performs its functions
in a proper, efficient and effective manner;

©) Decide the objectives, strategies and policies of the Authority in accordance
with the provisions of this Act;

d) Exercise appellate powers on the decision of the general manager;

e) Issue subpoena ad testificandum or subpoena duces tecum requiring the
attendance and testimony of witnesses in any matter or inquiry pending before the Board
and requiring the production of books, papers, contracts, agreements and all other
documents;

f) Exercise appellate powers to order the taking of depositions at any stage of
any proceeding or investigation pending before the Board;

g)| Approve the organizational and administrative structures and the
corresponding staffing pattern of the Authority; fix their reasonable compensation,
allowances and other benefits in accordance with the Salary Standardization Law;

prescribe their duties and establish such methods and procedures as may be necessary to
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ensure the:

of this Act:

efficient, honest and economical administration of the provisions and purposes

: Provided, That all personnel of the Authority below the rank of the general

manager shall be appointed by the chairperson of the Board: Provided, further, That the

personnel

appointed by the general manager, except those below the rank of department

heads, and others of comparable rank, shall be subject to the confirmation of the Board:

Provided, finally, That the personnel of the Authority shall be selected only from those

with civil service eligibility and shall be subject to civil service laws, rules and regulations;

h)

authorize’

Approve the annual and supplemental budgets of the Authority and

each operating and capital expenditures and disbursements as may be

necessary for the effective management, operation and administration of the Authority;

i)

Create and organize ad-hoc technical working groups composed of

representatives from the government and other stakeholders to assist the Board; and

i)

provision

Perform such other functions as may be necessary to carry out the

of this Act.

SEC. 10. Quorum. — The presence of at least five (5) members of the Board shall

constitute a quorum and the majority vote of at least four (4) members in a meeting where

a quorum

is present shall be necessary for the adoption of any rule, ruling, order,

resolution, decision or other act of the Board in the exercise of its functions.

SEC. 11. Board Meetings. — The Board shall meet regularly once a month and

may hold

special meetings to consider urgent matters upon the call of the chairperson or

upon the initiative of five (5) members. The rules and procedures in the conduct of Board

meeting

determin

meetings shall be prescribed by the Board.

SEC. 12. Per Diems. — The members of the Board shall receive a per diem for each
ctually attended. The per diems of the members of the Board shall be

by the Board in accordance with the existing rules and regulations.

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SEC. 13. General Manager. — The Authority shall be headed by a general
manager who shall be the chief executive officer and shall exercise the following powers
and functions:

a)| Submit for consideration of the Board, the policies and measures that are
necessary to carry out the purposes and objectives of this Act;

b)| Head and administer the Abra River Basin Adjudication Panel as the
implementing arm for the quasi-judicial powers of the Authority;

©) Execute, administer and implement the policies, plans, programs and
projects approved by the Board;

d)| Manage and supervise the operation and administration of the Authority;

) Appoint all officials and employees of the Authority below the rank of the
executive director and remove, suspend or otherwise discipline the same for cause, in
accordance with existing civil service laws, rules and regulations;

f) Submit quarterly reports to the Board on personnel selection, placement
and training;

g) _ Render an annual report to the Board and various stakeholders regarding
the operation of the Authority including its latest financial statements;

h) | Represent the Authority in all its dealings with offices, agencies, and
instrumentalities of the government and with all persons and other entities, public or
private, domestic and foreign; and

i) Perform such other functions as may be provided in the by-laws and as may
be vested by the Board.

The general manager shall be vested with the rights, privileges, disqualifications
and prohibitions of a general manager as prescribed by existing Position Classification
and Compensation Scheme, laws, issuances and pertinent civil service rules and

regulations.

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SEC. 14. Qualifications. — The general manager must be:

a)
b)
°
compete!
d)
experience
planning
large agri
8

A citizen and resident of the Philippines;

At least thirty-five (35) years of age;

With good moral character, unquestionable integrity and recognized
sand

A degree holder with at least five (5) years supervisory or management
in the field of public administration, economic planning, environmental
id natural resource management, or in the establishment and management of

sultural, commercial or industrial enterprises or other related fields.

'. 15. Term of Office. - The general manager shall be appointed by the

President of the Philippines and shall have a term of six (6) years which may be extended

for another non-extendible term of two (2) years. The general manager shall only be

removed for cause in accordance with the rules and regulations prescribed by the Civil

Service C

mmission.

SEC. 16. Management Structure. — In carrying out the activities of the

Authority,

the general manager shall be assisted by an assistant general manager and four

(4) department heads: one (1) for legal services, one (1) for administration and finance

services, one (1) for technical services, and one (1) for social development and advocacy,

who shall have such powers, duties and functions as the general manager may prescribe

ordelegate. The assistant general manager shall act as the general manager in the absence

or during the temporary incapacity of the general manager or until such time that a new

general mt

The

nager has been duly appointed.
Authority shall have the following departments under the direct supervision

and control of the general manager:

a)

Enforcement and Legal Service Department which shall provide legal

advice and support to all the corporate units on legal implications of the various

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undertakings of the Authority. It shall also provide professional assistance in the
implementation of the quasi-judicial and regulatory functions of the Authority, which
include enforcement of environmental protection, proper procedures on investigation,
litigation, adjudication and voluntary arbitration. This department shall oversee and
manage the operations of barangay waterways water quality surveillance, monitoring and
enforcement units.

b) | Administrative and Finance Department which shall be responsible for
providing services related to administrative support services such as consolidation of
major final output, preparation of personnel evaluation system, human resource
management, revenue planning, generation and enhancement, budget and financial
matters, records management, safekeeping of financial assets, and general services.

©) Technical and Environmental Management Services Department which
shall serve as the main regulatory and technical arm of the authority and shall oversee the
integration of the functions on river basin management and development, including the
management and operations of the GIS-Mapping unit and laboratories. This department
shall also be responsible for providing scientific studies, technical policy planning,
research and development, and technology management services.

4) Social Development and Advocacy Department which shall be responsible
for resettlement and relocation of informal settlers including their social preparation. It
shall also be responsible for dissemination of information and educational campaign.

SEC. 17. Power to Administer Oaths. ~'The members of the Board, the general
manager and other duly designated officers of the Authority, shal ave the anthority to
administer oaths in the transaction and performance of their official duties.

SEC, 18. Consultative Assembly. - There shall be established a consultative
assembly which shall serve as venue for public consultations and participation by

stakeholders and presentation of the Authority’s plans and programs or modification,
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amendment or revision of rules and regulations prior to its adoption or implementation
within its jurisdiction. The consultative assembly shall be composed of the following:

a)| Mayors of the cities and municipalities comprising the Abra River Basin
System;

b)| The president of the association of barangay captains in cities and
municipalities comprising the Abra River Basin System;

©) | A representative of owners, proprietors and authorized operators of all
major priyate, commercial or industrial business establishments located in all barangays
comprising the Abra River Basin System; and

d) One (1) representative each for the homeowner associations, civil society
organizations and peoples’ organizations in the Abra River Basin System.

The Authority shall convene an annual year-end general assembly to report and
present its financial and fiscal status and updates on its plans, programs and projects to
its wautlaaes and to the public. The required logistical support, such as food and
transportation allowances shall be provided to the members of the Board and the
consultative assembly during the meeting at the expense of the Authority subject to
government accounting and auditing procedures.

SEC. 19. Additional Offices. — The Board may create additional offices it may
deem necessary for the effective implementation of this Act not later than twelve (12)
months from the date of the effectivity of this Act.

SEC. 20. Enforcement Powers. — The Authority shall have enforcement powers
within the Abra River Basin System to carry out the functions and attain the purposes and
objectives declared under this Act. The grant of such powers shall be in conformity with
the functions exclusively provided by law to be exercised by the PNP and other

government agencies. The Authority may request the assistance of other law enforcement

agencies, including request for deputation as may be required. Such enforcement power
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shall be exercised in connection with the operations of barangay waterways water quality
surveillance, monitoring and enforcement units, and implementation of rules and
regulations promulgated by the Board pursuant to the authority granted under this Act.

SEC. 21. Power to Investigate Violations. - The general manager, motu
proprio or at the instance of a private person or the Board, may conduct investigations
based on the procedures that the Board may prescribe in accordance with the provisions
of the Rules of Court serving as supplemental guidelines.

SEC. 22. Cease and Desist Order. — The general manager, after due
investigation, may issue a cease-and-desist order to immediately halt any practice found
to be in violation of the provisions of this Act. Such order shall be without prejudice to
the civil or criminal prosecution of persons under the existing laws.

SEC. 23. Abra River Adjudication Panel. - To carry out effectively the quasi-
judicial powers of the Authority, there shall be created an Abra River Basin Adjudication
Panel, hereinafter referred to as the “Adjudication Panel.” The Adjudication Panel shall
be composed of the general manager as the head, one (1) ex-officio board member and
one (1) board member from the private sector, to be elected by the board members from
among themselves.

‘The Adjudication Panel shall have the following powers and functions:

a) Issue preliminary or permanent injunctions whether prohibitory or

b) Issue subpoena and subpoena duces tecum and to summon witnesses to
appear iy any proceedings of the Adjudication Panel, and administer oaths and

| in all cases in which it has jurisdiction;

aiileaiations,
c) Punish for contempt, both direct and indirect, in accordance with the

pertinent provisions of and the penalties prescribed by the Rules of Court;
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pry

d)
environm
impose

)
other reli
rules and

Conduct investigations and hearings on the complaints for violation of the
tal laws and of this Act, issue show cause orders, decisions or ruling and
es and penalties for such violations;

Issue notices of violations or non-compliance, cease and desist orders and
ed orders necessary for the enforcement of existing environmental laws and

regulations of this Act;

Loa Panel is mandated to take cognizance and adjudicate violations
of this

members

Any decision, order or resolution shall be concurred in by the majority

of the panel and duly signed by the general manager. The decision, order or

resolution of the Adjudication Panel may be appealed to the Board within fifteen (15) days

from recei

appealed

Rules of
SEt

ipt of the decision, order or resolution. The decision of the Board may be further
any court of competent jurisdiction in accordance with the provisions of the
rt.

24. Clean-Up Operations. — In addition to the provisions of Section 26

hereof, any person who causes pollution in or pollutes the Abra River or any of its

tributaries in excess of the applicable and prevailing standards shall be responsible to

contain, remove and clean-up any pollution incident at the polluter’s own expense:

Provided,

‘That in the event emergency clean-up operations are necessary and the polluter

fails to bate undertake the same, the Authority, in coordination with other

governmel

it agencies concerned, shall conduct containment, removal and clean-up

operations. Expenses incurred in said operations shall be reimbursed by the persons

found to

have caused such pollution upon proper administrative determination in

accordance with this Act. Reimbursements of the cost incurred shall be made to the

Authority's fund for the development of the Abra River.

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a)
directly o1

C. 25. Prohibited Acts. — The following acts are prohibited:
Discharging, depositing or causing to be deposited matter of any kind

indirectly along the margins or the water of the Abra River, where the same

shall be L: to be washed into surface water either by the tide, storm, floods or other

occurrent

b)

which cause water pollution or impede the natural flow of the Abra River;

Discharging, injecting or allowing to seep into the soil or subsoil any

substance in any form that would pollute the Abra River groundwater, In the case of

geotherm:

il projects, subject to the approval of the Authority, the regulated discharge for

ea activities such as well testing, flushing, commissioning, venting and deep re-

injection
adopted t
9

f geothermal liquids may be allowed: Provided, That safety measures are
prevent the contamination of the groundwater;

Operating facilities and discharging regulated water pollutants without the

valid required permits or under a revoked permit in violation of any condition imposed

by the Authority;

d)

tributaries;

e)

Disposal of potentially infectious medical waste into the Abra River and its

Unauthorized transport or dumping of sewage sludge, solid waste, or

commercial, industrial and institutional waste into the Abra River and its tributaries and

waterways;

)

Transporting, dumping or discharging of prohibited chemicals, toxic

substances, hazardous and nuclear waste into the Abra River;

8)

Operating facilities that discharge or allow to seep, willfully or through gross

negligence, prohibited chemicals, toxic, hazardous and nuclear waste, or pollutants into

the waterways wherein the same shall be washed into the surface and ground water of the

Abra River;

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h)

Undertaking activities, development and expansion projects or operating

~—T and sewerage facilities in violation of Environmental Impact Statement

System

regulations;

i)

iblished under Presidential Decree No. 1586 and its implementing rules and

Discharging regulated water pollutants without the valid required discharge

permit pursuant to this Act or after the permit was revoked for any violation of the

condition therein;

i
k)
»

m)

Refusal to allow entry, inspection and monitoring by the Authority;
Refusal to allow access by the Authority to relevant reports and records;
Refusal or failure to submit reports whenever required by the Authority;
Refusal or failure to designate pollution control officers whenever required

by the Authority in accordance with this Act; and

n)

the water

Directly using booster pumps in the distribution system or tampering with

supply in such a way as to alter or impair the quality of water.

SEC. 26. Penal Clause. — Any person who commits any of the prohibited acts

—— Section 25 hereof or any rule and regulation promulgated pursuant thereto

shall be p

(4) years

ished by imprisonment of not less than two (2) years but not more than four

yr a fine of not less than Fifty thousand pesos (P50,000.00) but not more than

One hundred thousand pesos (P100,000.00), or both. In case of failure or refusal to

undertake

clean-up operations mentioned in Section 24 hereof, any person who, willfully

or through gross negligence causes serious injury, loss of life, or irreversible water

contamini

ition of surface or ground water, shall be punished with imprisonment of not

less than six (6) years and one day to not more than twelve (12) years or a fine of Five

hundred thousand pesos (P500,000.00) per day for each day during which the omission

or contam}

ination continues.



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If the offender is a corporation or a juridical person, the officers thereof who have
knowingly participated in the violation shall be held liable.

SEC. 27. Incentives. - The Authority may provide incentives to industries and
commercial enterprises that undertake necessary measures to abate pollution within the
Abra River Basin System and to the government agencies involved in the construction of
parks, river control structures, revetments along the river banks, anti-pollution devices,
contraptions, appurtenances, bio-remediation and containment systems, cleaner
technology systems for wastewater treatment and sewerage facilities and solid-waste and
garbage disposal systems, and other related equipment.

Investment incentives shall be provided by the Authority to the industries,
organizations and persons whose activities will enhance the utilization of the Abra River
and its environs such as clean-up operations, dredging and sediment removal or de-
siltation projects, recreation, tourism and other programs that will revive, improve and
enhance the ecological system of the Abra River Basin System.

SEC. 28. Annual Fees. ~ The Authority shall be authorized to collect annual fees
from private business establishments, individual or corporation, including residential
establishments such as townhouses, apartments, hotels, condominiums, condotels,
medical hospitals and wet markets, both private and public, whose wastewater disposal
facilities are connected to the sewerage system located within the Abra River Basin System
or which wastewater eventually drains or seeps to the Abra River. The fees collected shall
be used solely for rehabilitation and sustainable development of the Abra River Basin
System.

SEC. 29. Fiscal Autonomy. — The Authority shall enjoy fiscal autonomy. All
funds earned by the Authority from the collection or levy or from all fees, charges, dues,

assessments and fines collected pursuant to this Act shall be used solely to fund its

operations.
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SEC. 30. Capitalizations and Financing. - The Authority shall have an
authorized capital of Four hundred million pesos (P400,000,000.00). The authorized
capital shall be divided into two million (2,000,000) shares of stock with a par value of
Two hundred pesos (P200.00) per share. The National Government shall fully subscribe
to ninety percent (90%) of the authorized capital, of which at least fifty percent (50%)
shall have been fully paid; while ten percent (10%) of the shares shall be subscribed and
paid by the Provincial Government of Abra.

SEC. 31. Funding. - The amount necessary to subscribe and pay for the remaining
shares of the National Government to the capital stock of the Authority shall be included
in the annual General Appropriations Act. For the Provincial Government of Abra, the
funds for: subscription shall be taken from their internal revenue allotment and other local
funds.

SEC. 32. Exemption from Taxes, Customs and Tariff Duties. - The
importation of equipment, machineries, spare parts, accessories and other materials
including pupplies and services which are used solely and exclusively for the operations of
the Authority and are not available locally shall be exempt from all direct and indirect
taxes, wharfage fees and other charges. All obligations entered into by the Authority and
any income derived therefrom, including those contracted with private international
banking and financial institutions shall be exempt from all taxes including the principal
and the interest. The Authority is also exempt from the payment of capital gains tax,
documentary stamp tax, real property estate tax and all other local government taxes and
fees.

SEC. 33. Auditor. - The chairperson of the Commission on Audit (COA) shall
be the ex-officio Auditor of the Authority. For this purpose, the chairperson may appoint

a representative and the necessary personnel who shall audit the Authority.

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- accounts and expenses of the Authority shall be audited by the Commission on
Audit or its duly authorized representative.

SEC. 34. Joint Congressional Oversight Committee. — There is hereby
created a Joint Congressional Oversight Committee to monitor the implementation of this
Act. The oversight committee shall be composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The oversight committee shall be co-chaired by the
chairpersons of the Committee on Environment of the Senate and the Committee on
Ecology of the House of Representatives.

SEC. 35. Implementing Rules and Regulations, -— Within ninety (90) days
from the approval of this Act, the Board shall issue the necessary rules and regulations for
the effective implementation of this Act. The implementing rules and regulations shall be
published in the Official Gazette or in a newspaper of general circulation.

SEC. 36. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations and issuances, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed accordingly.

SEC. 37. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SEC. 38. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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