Republic of the Philippines

HOUSE OF REPRESENTATIVES Age o-4 26
Quezon City _ aie
LA Ips
NINETEENTH CONGRESS Lf p
First Regular Session
18

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” DL. Tan

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND SANITATION
RESOURCE MANAGEMENT, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘The Philippines during the Global Forum on Water Supply and Sanitation, which was held in
Manila in 1997, envisions “a world class, affordable and sustainable water supply, sanitation and
sewerage system accessible to every Filipino”. It was conceived consistent with the long-term vision on
water, life and the environment or World Water Vision 2025.

In this light, it is imperative upon the government to develop a comprehensive national water
resources management system to fully streamline the water sector and revitalize it in terms of the
efficiency and sufficiency of its service and resources. Hence, the creation of the Department of Water,
Irrigation, Sewage and Sanitation Resource Management as proposed in this bill seeks to rationalize
the water, irrigation, sewage, and sanitation resource management, including water rights.

Presently, the set-up of water, irrigation, sewage, and sanitation responsibilities of the
government involves, among others, the following agencies:

(1) National Water Resources Board (NWRB), an agency under the Department of Environment
and Natural Resources (DENR) responsible for the enforcement of the Water Code of the Philippines;

(2) Local Water Utilities Administration (LWUA), an attached agency to the Department of Public
Works and Highways (DPWH) which exercises regulatory power over all local water districts and rural
waterworks and sanitation associations all over the country;

(3) Metropolitan Waterworks and Sewerage System (MWSS), a govefnment-owned-and-
controlled corporation also attached to the DPWH that is responsible for the water supply and
sanitation in Metropolitan Manila and such contiguous areas as may be added to its area of jurisdiction;
and

(4) National Irrigation Administration (NIA), a government agency under the Office of the
President which is primarily responsible for irrigation development and management.

In the face of fragmented regulation and management of water resources in the country, there
have been challenges in the coordination and implementation of the national policies and plans on
water, sewage, sanitation, and irrigation, which has resulted in a backlog in the delivery of water
supply and sanitation services to the public.

It must be emphasized that government's responsibility to provide safe, clean, accessible and
affordable drinking water, sanitation, and irrigation service to the public is of utmost importance and
can be realized through well-coordinated, effective, efficient and sustainable management of its water
and sanitation resources. This has even more become urgent in the face of the country’s rapid
population growth, water pollution, watershed degradation, increasing agricultural requirements for
food production, waterborne diseases, climate change, and other related factors that need to be
adequately addressed without delay.


The creation of the Department of Water, Irrigation, Sewage and Sanitation Resource
Management will strengthen and coordinate water resource planning and policy-making to ensure
sustainable and fair allocation and efficient use of water resources between water uses and users such
as irrigation, power generation, and farming among others.

Through this proposed agency, the immediate attainment of universal access to safe, adequate,
and sustainable water supply and sanitation services for all Filipinos will be given priority.

In view thereof, the immediate approval of this measure is earnestly sought.

Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2818

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND SANITATION
RESOURCE MANAGEMENT, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Department of Water, Irrigation,
Sewage, and Sanitation Resource Management Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to recognize,
protect, realize, and enhance the right of all Filipinos to safe, clean, affordable, and accessible drinking
water, sanitation and irrigation as essential to the full enjoyment of life and all human rights and the
protection and sustainability of the environment.

In pursuit of said policy, this Act shall have the following objectives:

(a) To prioritize and pursue the immediate attainment of universal access to safe, adequate,
and sustainable water supply and sanitation services for all Filipinos and adopt all necessary measures
directed towards the realization of the human right to water and sanitation; and

(b) To strengthen and coordinate water resource planning and policy-making to ensure
sustainable and fair allocation and efficient use of water resources between competing water uses and
users, including but not limited to domestic and municipal use, irrigation, power generation,
farming, fisheries, commercial, and industrial use.

SEC 3. Definition of Terms. - For purposes of this Act, the following terms are hereby defined:

(a) Department refers to the Department of Water, Irrigation, Sewage, and Sanitation Resource
Management.

(b) Sanitation refers to sewage, sanitation, and septage management.

(©) Sewerage refers to any system or network of sanitary pipelines, ditches, channels, or
conduits including pumping stations, lift stations, and force mains, service connections including other
constructions, devices, or appliances appurtenant thereof, which includes the collection, sanitary piping
transport, pumping, and treatment of water-borne human or animal waste removed from residences,
buildings, institutions, and industrial and commercial establishments to point of sewage treatment plant
disposal.

(d) Sewage refers to water-carried waste in solution or suspension, including sanitary waste,
commercial waste, industrial waste, agricultural waste, and surface runoff, conveyed by a sewerage
system for treatment or disposal, For purposes of this Act, the definition of septage shall be included in
the use of sewage.


(e) Septage refers to sludge produced on individual on-site wastewater disposal systems,
principally septic tanks and cesspools.

The terms “infrastructure” and "public works" as used in this Act should be ready to apply only
to wholly or primarily water-related projects and shall not be read to incorporate projects which would
not otherwise fall within the purview of the objectives, powers, and duties of the Department.

CHAPTER II
ORGANIZATION

SEC. 4. The Department of Water, Irrigation, Sewage, and Sanitation Resource Management. -
There is hereby created and established the Department of Water, Irrigation, Sewage, and Sanitation
Resource Management, hereinafter referred to as the "Department," which shall be organized within
‘one hundred twenty (120) days after the effectivity of this Act. The Department shall be tasked with
developing and implementing a comprehensive water, irrigation, sewage, and sanitation program for
the Philippines including, but not limited to:

(a) Implementing necessary policy and resource reforms with respect to the management of
water, irrigation, sewage, and sanitation;

(b) Monitoring and evaluating compliance with the national goals relating to water, irrigation,
sewage, and sanitation;

(©) Formulating an updated national road map to address the water, sewage, and sanitation
requirements of the State; and

(d) Improving conservation of water and increasing system efficiencies.

SEC. 5. Powers and Duties of the Department. — The Department shall have the following
powers and duties, among others:

(a) Develop policies to promote universal access to safe, adequate, affordable, and sustainable
water supply, irrigation, sewage, and sanitation services for all Filipinos;

(b) Coordinate with relevant government agencies or entities to provide policy directions,
strategies, and targets to meet the goals and objectives for water supply, irrigation, sewage, and
sanitation. Such policies shall among other things, integrate the issues of water, irrigation, sewage,
energy, environment, and food security;

(©) Manage and protect the country's water resources to ensure the optimal use thereof for
domestic water supply, sewage, sanitation, irrigation, hydropower, navigation, flood control, and
recreation, including the enhancement and maintenance of water quality, conservation of watersheds,
control of water pollution, and environmental restoration, without compromising the natural ecosystem
functions and services;

(d) Manage the ownership, appropriation, utilization, exploitation, development, conservation,
and protection of water resources and rights to land related thereto and their competing demands;

(e) Undertake and coordinate with other agencies and government entities in data gathering,
scientific research, and studies on water resources management and development, and conduct
nationwide hydrologic surveys to determine the annual renewable water avallable per water region;

(A) Formulate and enforce rules and regulations in the administration and management of the
country’s water resources and implement rules and guidelines for the enforcement of water-related
laws;

(g) Conduct continuing surveys and studies of the country's renewable water supply with a view
towards formulating long-term policies to balance the sustainability and optimal use of water resources,
defining the hydrologic boundaries of basins of the existing water supply sources, and creating and



implementing countrywide master plans for water resources management and development;

(h) Coordinate with and assist other government agencies in all aspects of data gathering,
conduct studies and research, and classify and establish water quality standards for surface and ground
water, including national standards for drinking water and wastewater effluence, in coordination with
relevant agencies;

(i) Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management (IWRM) policies and plans, and
coordinate the implementation, promotion, revision, and enhancement of IWRM plans;

G) Effect and compel inter-sectoral, inter-agency, and inter-departmental coordination on
water, irrigation, energy, environmental, sewage, and sanitation resources development planning with
the aim of operationalizing the integrated approach to water resources management;

(K) Regulate and control the utilization, exploitation, abstraction, diversion, and development of
water resources, taking into account its equitable distribution, and determine the standards of
beneficial and priority uses of water in times of crisis and national emergencies;

(1) Assist and provide the National Economic and Development Authority (NEDA) with required
data and inputs from and for the water sector in the formulation of the country's short-term and long-
term strategic development plans and actions;

(m) Coordinate with other relevant government agencies and develop policies and plans in
respect of water resources for farming, including sustainable mechanisms for irrigation;

(n) Pass upon, approve, or disapprove all plans, programs, or development projects of private
individuals, corporations, and government agencies, whether national or local, that affect water
resources, its diversion or abstraction, and the construction of hydraulic facilities, including but not
limited to plans and projects in watershed or basin areas of water supply sources, which have direct or
indirect impact on the affected locality's water resources;

(0) Review from time. to time regulations prescribed by any government agency pertaining to
water use, exploitation, development, conservation, or protection of waters, water resources, and
watershed or basin areas;

(p) Authorize its representatives or any deputized agent to enter any property of public
dominion or any private land, building, or enclave, whether inhabited or not, for the purpose of
conducting hydrologic surveys and investigations, including assessing and evaluating the conditions of
water facilities installed, and determining compliance with water laws and standards;

(q) Require Local Government Units (LGUs) and national agencies to submit zoning and land
use management plans to ensure the integration of water resource management plans: Provided, That
no zoning and land use plan shall become effective and enforceable unless and until a certification of
integration of water, sewage, and sanitation resource management plan has been issued by the
Department. Should the Department have serious concerns affecting conservation and sustainability of
water supply, such concerns must first be resolved by the Department and the concerned LGU and/or
national agency. However, in the absence of such concerns, the concerned LGU and/or government
agency may, ninety (90) days from the submission of its zoning and land use plan and after submitting
to the Department a written notice of compliance with this provision, proceed with the implementation
of its zoning and land use plan without prejudice to later integration of the water resource
management plan for the locality;

(*) Provide technical assistance to water, irrigation, sewer and sanitation users, whether directly
or in coordination with other agencies, to assist them in applying for water and irrigation permits and
providing data on water, irrigation, sewage, and sanitation resource usage;

(5) Plan, design, construct, and/or improve all types of irrigation projects and appurtenant
structures;



(t) Operate, maintain, and administer ail national irrigation systems (NIS);

(u) Supervise the operation, maintenance, and repair, or otherwise, administer temporarily all
communal and pump irrigation systems constructed, improved, and/or repaired wholly or partially with
government funds;

(Vv) Supervise the operation, maintenance, and repair, or otherwise, administer temporarily all
‘communal and pump irrigation systems constructed, improved, and/or repaired wholly or partially with
government funds;

(w) Delegate the partial or full management of NIS to duly organized cooperatives or
associations;

(x) Construct multiple-purpose water resources projects designed primarily for irrigation, and
secondarily for hydraulic power development and/or other uses such as flood control, drainage, land
reclamation, domestic water supply, roads and highway construction, and reforestation, among others;
Provided, that the plans, designs, and the construction thereof, shall be undertaken in coordination
with the agencies concerned;

(y) Charge and collect from the beneficiaries of the water from all irrigation systems
constructed under its administration;

(2) In coordination with other relevant government agencies, develop and implement effective
codes, standards and reasonable guidelines to ensure the safety of all public and private structures in
the country and assure efficiency and proper quality in the construction of water, irrigation, sewage,
and sanitation infrastructures;

(aa) Coordinate with relevant government agencies, including the Department of Environment
and Natural Resources, to ensure that the agencies’ respective standards complement each other when
taken as part of a larger whole;

(bb) In coordination with other relevant agencies, ascertain that all plans and project
implementation designs are consistent with current standards and guidelines;

(cc) Provide the works supervision function for all public works construction and ensure that
actual construction is done in accordance with approved government plans and specifications;

(dd) Assist other government agencies, including LCDs, in determining the most suitable entity
to undertake the actual construction of water, irrigation, sewage, and sanitation projects;

(ee) Maintain and cause to be maintained all flood control, water resource development
systems, irrigation systems, and other public works throughout the country except those that are the
responsibilty of other agencies as directed by the President of the Philippines or as provided by law;

(ff) Provide integrated planning for flood control, flood risk management, and water resource
development and management systems, other public works;

(gg) Issue and promulgate rules, regulations, and guidelines as may be necessary to implement
and enforce its powers and functions under this Act;

(hh) Determine and require the monitoring and submission of such data, statistics, and other
information as may be necessary for the effective and efficient exercise of its duties, functions, powers
and responsibilities;

(ii) Respond to consumer complaints and ensure the adequate promotion of consumer
interests;

(jj) Deputize agents, whether from the public or private sector, to assist in the performance of
any of the powers and functions of the Department;


(kk) Appoint, hire, and maintain adequate staff and personnel, advisers, and/or consultants,
with suitable qualifications and experience, as necessary;

(11) Manage funds coursed through it under the General Appropriations Act intended as financial
assistance to LWDs or LGUs for the development and/or improvement of water supply and sanitation
facilities;

(mm) Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country’s water, irrigation, sewage, and sanitation resources;

(nn) Exercise such other incidental powers and functions as may be necessary to attain the
objectives of this Act; and

(00) Carry out such other functions as the President may from time to time assign to the
Department consistent with the aims and provisions of this Act.

SEC. 6. Secretary of the Department of Water, Sewage, and Sanitation. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge of its powers
and functions shall be vested in the Secretary of the Department of Water, Sewage and Sanitation,
hereinafter referred to as the Secretary, who shall have supervision and control over the Department
and shall be appointed by the President. For such purposes, the Secretary shall:

(a) Advise the President on the promulgation of executive or administrative orders, regulations,
proclamations, and other issuances relative to matters under the jurisdiction of the Department;

(b) Establish the policies and standards for the operation of the Department pursuant to the
President's guidelines;

(©) Promulgate rules and regulations necessary to carry out Department objectives, policies,
and functions;

(d) Exercise supervision and control over all Bureaus and Offices under the Department;

(e) Supervise all attached agencies and corporations in accordance with law;

(f) As deemed appropriate by the Secretary, delegate authority for the performance of any
power or function, as defined herein or as delegated by the President, to officers and employees under
the Secretary's direction; and

(g) Perform such other duties and responsibilities as may be provided by law.

SEC. 7. Office of the Secretary. - The Office of the Secretary shall be composed of the Secretary
and his/her immediate staff.

SEC. 8. Undersecretaries. - The Secretary shall be assisted by not more than five (5)
Undersecretaries, who shall be appointed by the President upon the recommendation of the Secretary,
as follows:

1) One for the Finance Service;

2) One for the Administrative Service;

3) One for the Planning and Engineering Services;

4) One for the Regulatory and Financial Assistance Services; and

5) One for the Operations.

Within her/his functional area of responsibility, an Undersecretary shall have the


following functions:

(a) Advise and assist the Secretary in the formulation and implementation of Department
policies, plans, programs, and projects;

(b) Supervise all the operational activities of the units assigned to her/him, for which she/he is
responsible to the Secretary; and

(©) Perform such other duties and responsibilities as may be assigned or delegated by the
Secretary to promote efficiency and effectiveness in the delivery of public services or as may be
required by law.

SEC. 9. Assistant Secretaries. - The Secretary shall also be assisted by one Assistant Secretary
for Internal Audit and the five (5) Undersecretaries shall each be assisted by not more than three (3)
Assistant Secretaries likewise appointed by the President of the Philippines upon the recommendation
of the Secretary.

SEC. 10. Organizational Structure. - The Department shall be composed of the following
organization units:

(a) Department Proper consisting of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, the Internal Audit, Finance Service, Administrative Service,
Planning and Engineering Services, Regulatory and Financial Assistance Services; and Operations; and

(b) Regional Offices, as deemed appropriate and necessary by the Secretary.

SEC. 11. Internal Audit - The Internal Audit is hereby created for the purpose of conducting
comprehensive audit of various Department activities and shall have the following specific functions:

(a) Advise the Secretary on all matters relating to management control and operations audit;

(b) Conduct management and operations performance audit of Department activities and units
and determine as to compliance with established objectives, policies, methods and procedures,
government regulations, and contractual obligations of the Department;

(©) Review and appraise systems and procedures, organizational structure, assets management
practices, accounting, and other records, reports, and performance standards of the Department of
Proper and Regional Offices;

(d) Analyze and evaluate management deficiencies and assist top management to solve
problems by recommending realistic courses of action; and

(@) Perform such other related duties and responsibilities as may be assigned or delegated by
the Secretary or as may be required by law.

SEC. 12. Finance Service, - The Finance Services is hereby created to provide the Department
with coordinated services relating to financial systems and procedures, budget, cash, accounting, and
ail financial matters not falling under other Services. For such purposes, it shall have the following
functions;

(a) Advise the Secretary on all matters relating to the accounting of government expenditures
and receipts, budgeting and cash management, project finances, and financial systems and
procedures;

(b) Prepare budget proposals and pursue formal budget authorizations, undertake budget
execution, and prepare and submit all appropriate reports to the proper offices;

(c) Develop and maintain accounting, financial, and assets management systems, procedures,
and practices in the Department Proper and Regional Offices in accordance: with the existing


government accounting and auditing rules and regulations;

(d) Provide assistance in its area of specialization to any unit of the Department and, when
requested, to government corporations, councils, and boards attached to the Department; and

(e) Perform such other related duties and responsibilities as may be assigned or delegated by
the Secretary or as may be required by law.

SEC. 13. Administrative Service. - The Administrative Service is hereby created to provide the
Department with services relating to human resources development, personne! records, facilities
maintenance, medical and dental, gender and development (GAD), security, property and procurement
services, For such purposes, it shall have the following functions:

(a) Advise the Secretary on all matters relating to internal administration and human resources
management;

(b) Prepare and implement an integrated personnel plan that shalt include provisions on merit
Promotion, performance evaluation, job rotation, suggestions and incentive awards systems, and
health and welfare services;

(c) Provide services related to human resource training, education, and development, including
manpower, career planning and forecasting and development of indigenous training materials;

(d) Prepare and/or implement Department GAD plans and budgets and GAD accomplishment
reports;

(e) Develop, establish, and maintain an efficient and cost-effective property procurement
system and facilities and coordinate or otherwise interface with relevant agencies, whether government
or private, for the purpose of developing or upgrading the system;

(A) Secure and maintain necessary Department facilities, and develop, establish, and maintain
an efficient and effective security system covering, among others, personnel, physical installations,
equipment, documents, and materials, including the conduct of security investigations;

(a) Coordinate with the appropriate government agencies for a more efficient conduct of
administrative processes;

(h) Develop, establish and maintain an efficient records system;

(i) Provide assistance in its area of specialization to the Department Proper and Regional Offices
and, when requested, the government agencies and corporations attached to the Department; and

(@) Perform such other related duties and responsibilities as may be assigned or delegated by
the Secretary or as may be required by law.

SEC. 14. Planning and Engineering Services. - The Planning and Engineering Services is hereby
created to provide the Department with the capability to undertake infrastructure development
planning, programming, and implementation. For this purpose, it shall have the following functions:

(a) Advise the Secretary on all matters relating to infrastructure planning and implementation;

(b) Formulate strategies and priorities for infrastructure development consistent with national
development objectives and initiate or undertake relevant surveys for development planning;

(©) Formulate and implement long-range, medium-term and annual development plans and
programs for infrastructure, including flood control, water resource development systems, and other
public works projects, including phasing of implementation and review and integrate land use plans
with such water development plans;


(d) Identify and implement priority packages for infrastructure development, including flood
control, water resource development systems, and other public works projects, and undertake or
supervise and evaluate the conduct of feasibility studies and project preparation and implementation
thereof;

(@) Prioritize project implementation and the allocation of funds and other resources and
package project proposals for funding and implementation;

(f) Evaluate and appraise all regional interregional infrastructure development plans and
programs as to their feasibility and consistency with approved strategies and long and medium-tens
plans;

(Q) Initiate regular Department-wide planning exercises and act as the secretariat thereof;
(h) Gather, analyze, and organize needed statistical data and information;

(i) Provide technical assistance related to its functions to the other Services and Regional
Offices as needed; and

() Perform such other related duties and responsibilities as may be assigned or delegated by
the Secretary or as may be required by law.

SEC. 15. Regulatory and Financial Assistance Services. - The Regulatory and Financial
Assistance Services is hereby created to provide the Department with services on all legal affairs,
compliance of attached government corporations, LWDs, RWSAs, cooperatives, and other associations,
including private entities under contractual or concession arrangement with them, and other private
water service providers on the established standards, rules and regulations relating to: water quality;
infrastructure and facilities design and construction; equipment, materials and supplies; operations and
maintenance; personnel; organization; accounting; tariffs; and other matters subject to regulation, It
shall also provide the Department services on the management of the financial assistance available and
granted to LWDs and RWSAs. For this purpose, it shall have the following functions:

(a) Advise the Secretary on all matters relating to legal affairs and regulation of the operation of
the attached corporations, LWDs, RWSAs, cooperatives and other associations;

(b) Provide legal assistance to the Department Proper and Regional Offices and, when
requested, the attached corporations and boards;

(©) Prepare Department contracts and legal instruments, review of administrative charges
against officers and employees of the Department, members of the top management of the attached
corporations and boards;

(a) Conduct administrative investigation as well as the review of administrative charges against
officers and employees of the Department, members of the top management of the attached
corporations and boards;

(e) Exercise functional jurisdiction over the legal staffs of Regional Offices;

(f) Establish standards for water quality; design and construction of facilities; optimum selection
of equipment, materials and supplies; procedures for operations and maintenance of water and sewer
equipment and facilities; training of personnel; organization; uniform accounting system; tariffs;

(g) Review all water rates or charges; and

Manage the financial assistance available and granted to LWDs, RWSAs and other qualified
S.

water ul

SEC. 16. Qperations, - The Operations is hereby created to provide the Department through
Regional Offices with the capability to plan, design, and implement projects for water resource



development systems, irrigation, flood control, and other public works in different regions of the
country. For this purpose, it shall have the following functions:

(a) Undertake and evaluate the planning, design, construction, and works supervision functions
of the Department for the abovementioned infrastructure within the region;

(b) Undertake the maintenance of the abovementioned infrastructure within the region and
supervise the maintenance of such local infrastructure receiving national government financial
assistance as the Secretary may determine;

(©) Ensure the implementation of laws, policies, programs, rules and regulations regarding the
abovementioned infrastructure as well as public and private physical structures;

(d) Provide technical assistance related to their functions to other agencies within the region;

(e) Coordinate with other departments, agencies, institutions, and organizations within the
region, in the planning and implementation of infrastructure projects;

(A) Conduct continuing consultations with the local communities, take appropriate measures to
make the services of the Department responsive to the needs of the general public, compile and
submit such information to the central office, and recommend such appropriate actions as may be
necessary; and

(g) Perform such other related duties and responsibilities as may be assigned or delegated by
the Secretary or as may be required by law.

SEC. 17. Regional Director. - Each Regional Office shall be headed by a Regional Director who
shall be responsible for efficiently and effectively carrying out the duties and responsibilities of the
Regional Office. She/he shall also perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.

The Regional Director shall be assisted by two (2) Assistant Regional Directors who shall
exercise supervision respectively over (1) the planning, project design, evaluation, and technical
assistance functions of the Regional Office, and (2) the construction, maintenance, and works
supervision functions in the region.

CHAPTER IIT
TRANSITORY PROVISIONS

SEC. 18. Interface with Other Sector Regulators. - The Department is mandated to coordinate
with the different sector regulators as follows:

(a) The Department of Environment and Natural Resources (DENR) shall continue to have the
primary authority and responsibility for protecting the environment and for the conservation of water
and related natural resources, including protecting water bodies from waste and pollution and shall
promulgate rules, regulations, and standards in this regard. The Department shall coordinate with the
DENR with respect to the conservation of water resources, protection from sewage and septage waste,
and restoration from environment damage;

(b) The Department of Health (DOH) shall have primary authority and responsibility for
determining and enforcing drinking water quality and sanitation standards. The Department shall
coordinate with the DOH to achieve an integrated approach for sanitation, including toilets, collection,
treatment, and evaluation of wastewater;

(©) The Department shall subsume responsibility from the Department of Public Works and
Highways (DPWH) for wholly or primarily water-related public works projects including flood control,
water resources development, sewerage, sanitation, and the harnessing and impounding of water. The
Secretaries of each department shall coordinate on the development of evaluation criteria as necessary,
to determine proper allocation of public works projects between the two departments; and


(d) The Department shall absorb the responsibility from the Department of Interior and Local
Government (DILG) on the management and operation of water supply systems of local government
units.

SEC. 19. Transfer of Rights and Obligations. - The Department, shall by virtue of this Act, be
subrogated to all the rights, and assume all the obligations of the relevant parts of any government
agency or unit whose powers and duties have been transferred to the Department, including the
DPWH, National Irrigation Administration (NIA), National Water Resources Board (NWR), Metropolitan
Waterworks and Sewerage System (MWSS), Local Water Utilities Administration (LWUA), Metro Manila
Development Authority (MMDA), and the Department of Interior and Local Government (DILG).

The transfer of powers and functions in Section 18 above, as applicable, and agencies attached
thereto, as herein provided for, shall take effect within one hundred elghty (180) days after the
effectivity of this Act. The foregoing transfer of powers and functions shall include all applicable funds,
personnel, records, property, and equipment, as may be necessary. All offices shall continue to
function under their present mandates until transition is effected as provided for under this Act.

All rights and obligations of said government agencies are hereby transferred to and assumed
by the Department and shall be acted upon in accordance with the rules and regulations of the
Commission on Audit and other pertinent laws, rules, and regulations.

SEC. 20. Separation from Service. - Employees separated from government service as a result
of this Act shall be entitied to the benefits that they may receive under existing laws, rules, and
regulations.

SEC. 21. Implementing Rules and Regulations, — Within one hundred eighty (180) days from
the effectivity of this Act, the Department, in consultation with the concerned government agencies,
shall promulgate the necessaty implementing rules and regulations for the implementation of this Act:
Provided, That such revised implementing rules and regulations shall only take effect fifteen (15) days
following its publication in two (2) newspapers of general circulation.

SEC. 22. Appropriations. - The amount necessary to carry out the initial implementation of this
‘Act shall be sourced from any available funds of the National Treasury and is hereby appropriated and
authorized to be released for the organization of the Department and its initial operations.

Thereafter, funds sufficient to fully carry out the objectives, powers, and functions of the
Department shall be appropriated every fiscal year in the General Appropriations Act.

The Department shal! submit its annual budget, which shall include, among others, detailed
information on the compensation and benefits received by their employees to the Office of the
President for approval.

SEC. 23. Separability Clause. - If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid
and subsisting.

SEC. 24. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of this
Act is hereby repealed, modified or amended accordingly.

SEC. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days from its complete
publication in the Official Gazette and in at least one (1) newspaper of general circulation.

Approved,