in
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HoUSEBILLNo.      10398
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RECEivED
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Introduced by Representative Crispin Diego "Ping" D. Remulla
AN ACT
To IMPRoVE THE QUALITy oF BEACHEs AND COASTAL RECRnATloN
WATER
EXPLANATORY NOTE
The Philippines, as an archipelago, is sunounded by water. With this, the country has
several beaches that are known to local and international tourists alike. These beaches have
increased  the  country's  tourism  and  have  given  employment  opportunities  to  numerous
Filipinos. However, the country' s natural paradise faces a pressing challenge, specifically the
accumulation of plastic waste and other pollutants. This threatens its ecological state and its
physical beauty.
This  measure  seeks  to  improve  and  maintain  the  quality  of beaches  and  coastal
recreation waters in the country. This measure will not only protect our natural resources and
protect its natural beauty but also sustain the source of income of those working in the industry.
In addition, this measure is a crucial step towards sustainable development, where there will
be a balance in economic growth and environmental preservation.
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In view of the foregoing, the approval of this measure is eamestly sought.
----fi      !_
CRISPIN DIEGO "PING" D. REMULLA
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINHTHENTH CONGRESS
Second Regular Session
HousE BILL No.  103 9 8
Introduced by Representative Crispin Diego "Ping" D. Remulla
AN ACT
To IMPRovE TIIn QUALITy oF BEACHES AND CoASTAL RECRHATloN
WATER
Be it enacted by the Senate and the House Of Representatives Of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall be known as the Beaches Environmental
2      Assessment and coastal Health (BEACH) Act.
3                    SEC.  2.  Purposes.  -  The  purpose  of this  Act  is  to  require  uniform  criteria  and
4      procedures for testing, monitoring, and notifying users of public coastal recreation water and
5       beaches:
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(a) To protect public safety; and
(b) To improve environmental quality.
SHC. 3. Definitions. ~ For the purposes of this Act, the following terms shall mean:
(a)  Coastal recreation water means water adjacent to public beaches and marine coastal
water (including bays, lagoon mouths, and coastal estuaries within the tidal zone)
used by the public for:
i.       Swimming;
ii.       Bathing;
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iii.       Surfing;or
iv.       Other similar body contact purposes.
(b) Floatable materials means any foreign matter that may float or remain suspending
in water, including :
i.        Plastic;
ii.       Aluminumcans;
iii.       Wood;
iv.        Bottles;
v.       Paperproducts; and
vi.       Fishinggear.
SEC. 4. Adoption of Coastal Recreational Water Quality Criteria. -
(a) In General. -Not later than three (3) years and one hungry eighty (180) days after
the date of enactment of this Act, the Secretary of the Department of Environment
and  Natural  Resources  (DENR)  shall  adopt  water  quality  criteria  for  coastal
recreation water.
(b) Development of Criteria. - Water quality criteria described in paragraph (a) shall
be developed and promulgated, in accordance with existing environmental laws and
policies.
SEC. 5. Water Quality Criteria Revision. -
(a)  Studies. -Not later than three (3) years after the date of enactment of this Act, and
after consultation with appropriate officials,  including local health officials,  and
other  interested  persons,  the  Secretary  shall  conduct  studies  to  provide  new
information for use in developing:
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i.       A  more  complete  list  of potential  human  health  risks  from  inhalation,
ingestion, or body contact with coastal recreation water, including effects
on the upper respiratory system;
ii.      Appropriate and effective indicators for improving direct detection of the
presence of pathogens found harmful to human health in coastal recreational
water;
iii.       Appropriate,   accurate,   and   expeditious   methods   (including   predictive
models) for detecting the presence of pathogens in coastal recreation water
that are harmful to human health; and
iv.       Guidance for the application of the criteria issues under subsection (b) to
account for the diversity of geographic and aquatic conditions throughout
the country.
(b) Revised Criteria. - not later than five (5) years after the date of enactment of this
Act, based on the results of the studies conducted under paragraph (a), the Secretary,
after consultation with appropriate officials,  including  local health officials,  and
other interested parties shall:
i.       Issue revised water quality criteria for pathogens in coastal recreation water
that are harmful to human health, including a revised list of indicators and
• testing methods; and
ii.      Not less than once  every five  (5) years thereafter, review and revise the
water quality criteria.
SHC. 6. Coastal Beach Water Quality Monitoring.
(a)  Monitoring
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i.       In general. -not later than one (1) year and one hundred eighty (180) days
after the  date  of enactment  of this  Act,  the  Secretary  shall  promulgate
regulations for the monitoring by the Department for:
1 )   Compliance with applicable water quality criteria; and
2)   Maintenance of public safety.
ii.       Contents  of Requirements. -monitoring requirements under this  section
shall specify, at a minimum -
1)   Available monitoring methods to be used; and
2)   The frequency and location of monitoring based on:
1.   The periods of recreational use of coastal recreation water
and beaches;
2.   The extent and degree of recreational use during the periods
described in clause (1);
3.   The  proximity  of  coastal  recreation  water  to  known  or
identified point and nonpoint sources of pollution; and
4.   The relationship between the use of public recreation water
and beaches to storms events.
3)   Methods for:
1.   Detecting  levels  of pathogens  that  are  harmful  to  human
health;
2.   Identifying   short-term   increases   in   pathogens   that   are
harmful   to   human   health   in   coastal   recreation   water,
including   the   relationship   of   short-term   increases    in
pathogens to storm events; and
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3.   Conditions  and  procedures  under  which  discrete  areas  of
coastal recreation water may be exempted by the Secretary
from the monitoring requirements under this subsection, if
the Secretary determines that an exemption will not:
a.   Impair compliance with the applicable water quality
criteria for that water; and
b.   Compromise public safety;
(b) Notification Requirements
i.       In General. -Regulations promulgated under subsection (a) shall require
provinces to provide notification of a failure or the likelihood of a failure to
meet applicable water quality criteria for provincial coastal recreation water,
to:
1)   Local governments;
2)   The public; and
3)   The secretary
ii.      Infomation included in Notification. -Notification under this subsection
shall require, at a mininum:
1 )   The prompt communication of the occurrence, nature, extent, and
location  of,  and  substance,  including  pathogens,  involved  in  a
failure or immediate likelihood of  a failure to meet water quality
criteria,  to  a  designated  official  of a  local  government  having
jurisdiction over land adjoining the coastal recreation water for
which the failure or imminent failure to meet water quality criteria
is identified; and
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2)   The posting  of signs,  during  the  period  in which water quality
criteria are not met, continues, that is sufficient to give notice to
the public:
1.   Of failure to meet applicable water quality  criteria for the
water; and
2.   The potential risks associated with water contact activities in
the water.
(c)  Review and Revision of Regulations. - Periodically, but not less than once every
five  (5)  years,  the  Secretary  shall  review and  make  any  necessary  revisions  to
regulations promulgated under this section.
(d) Implementation. -
i.       In General. -Not later than three (3) years and one hundred eighty (180)
days after the enactment date of this Act, each province shall implement a
monitoring  and  notification  program  that  conforms  to  the  regulations
promulgated under subsections (a) and (b).
ii.       Revision  of Program.  -  not  later  than  two  (2)  years  after  the  date  of
publication  of any  revision  by  the  Secretary  under  subsection  (c),  each
province  shall  revise  the  program  established  under  paragraph  (a)  to
incorporate the revisions.
(e)  Guidance: Delegation of Responsibility. -
i.       In General -not later than one (1) year and one hundred eighty (180) days
after the date of enactment of this Act, the Secretary shall issue guidance
establishing:
1)   Core    performance    measures    for   testing,    monitoring,    and
notification programs under this section; and
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2)   The delegation of testing, monitoring, and notification programs
under this section to the local government authorities.
3                    (I)  Delegation of Responsibility to Local Governments. -if a responsibility described
4                          in the above paragraph is delegated by a province to a local government authority,
5                          or is delegated to a local government authority before the date of enactment of this
6                           section, resources, including grants made, shall be made available to the delegated
7                          authority for the purpose of implementing the delegated program in a manner that
8                           is consistent with the guidance issued by the secretary.
9                    (g) Floatable Materials Monitoring Technical Assistance. -not later than one (1 ) year
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and one hundred  eighty  (180)  days  after the  date  of enactment of this Act,  the
Secretary shall :
i.       Provide   technical   assistance   for  unifomi   assessment  and   monitoring
procedures for floatable material in coastal recreation water; and
ii.       Specify the conditions under which the presence of floatable material shall
constitute a threat to public health and safety.
16                    (h) Occurrence Database. -the secretary shall establish, maintain, and make available
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to the public by electronic and other means -
i.      A  national  coastal  recreation water pollution  occurrence  database  using
reliable  information,  including the  information reported under paragraph
(a); and
ii.       A listing of communities conforming to the regulations promulgated under
paragraphs (a) and (b).
23                   SEC. 7. Report to congress. -not later than four (4) years after the date of enactment
24      of this Act, and periodically thereafter, the Secretary shall submit to Congress a report that
25       contains :
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1                    (a)  Recommendations  concerning  the  need  for additional  water quality  criteria and
2                          other actions that are necessary to improve the quality of coastal recreation water;
3and
4                    (b) An evaluation of effort to implement this Act.
5                    SEC.  8.  Separability  clause.  -  If any  portion  of this  Act  is  declared  invalid  or
6      unconstitutional, the portions or provisions which are not affected shall continue to be in full
7      force and effect.
8                    SEC.  9.  Repealing  Clause.  -  All  laws,  decrees,  executive  orders,  and  rules  and
9      regulations  or parts thereof contrary to,  or  inconsistent with this Act  are  hereby  repealed,
10      modified, or amended accordingly.
11                     SEC.10. Effectivity. -This Act shall take effect after fifteen (15) days following its
12      publication in the Official Gazette or in any major newspaper of general circulation in the
13       Philippines.
Approved,
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