Abra River Basin Development Authority Act

Senate Office of the Soccretary TWENTIENTH CONGRESS OF THE) REPUBLIC OF THE PHILIPPINES ) OCT 28 P1:02 First Regular Session SENATE RECEIVED BY: 1468 S.B. No. Introduced by SENATOR IMEE R. MARCOS AN ACT CREATING THE ABRA RIVER BASIN DEVELOPMENT AUTHORITY, PRESCRIBING ITS POWERS AND FUNCTIONS AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The Abra River Basin is one of the most vital river systems in Northern Luzon, traversing the provinces of Abra, Ilocos Sur, Mountain Province, and parts of Benguet. It sustains the livelihood of countless communities, provides irrigation to vast agricultural lands, supports local industries, and serves as a major source of water for domestic use. Moreover, the river basin is endowed with rich biodiversity, mineral resources, and cultural heritage that are integral to the socio-economic development of the Cordillera and Ilocos Regions. According to the Department of Environment and Natural Resources (DENR), through its River Basin Control Office (RBCO), there are 18 major river basins in the country that serve as lifelines and drivers of economic growth. Among these is the Abra River Basin, the sixth largest in the Philippines, with an estimated drainage area of 5,125 square kilometers and a main river length of about 198 kilometers. It covers the provinces of Abra, Ilocos Sur, Mountain Province, and Benguet. The Abra River System, being one of the longest rivers in Northern Luzon, provides significant economic and social benefits to the surrounding communities. However, the river is now under increasing stress due to unsustainable human activities, population growth, urbanization, and technological advancements. These pressures have undermined its natural capacity to sustain livelihoods and ecosystems. It is therefore imperative for the government to fulfill its constitutional mandate by sustaining, preserving, and conserving the Abra River Basin to ensure that both present and future generations may continue to benefit from its resources. Thus, this bill seeks to regulate commercial and residential activities affecting the Abra River to

ensure that discharges do not exceed the established limits of the river's natural waste assimilation capacity; institutionalize the participation of the private sector as members of the Board of Directors of the proposed Abra River Basin Development Authority; and adopt a long-term Abra River Rehabilitation Roadmap and Master Plan, which will provide guidance for future developments while ensuring the livability, resilience, and sustainability of nearby communities. In view of the foregoing, the expeditious passage of this bill is earnestly sought. IMEE R. MARCOS /

Sentate Office of the Secretary TWENTIENTH CONGRESS OF THE) REPUBLIC OF THE PHILIPPINES ) First Regular Session OCT 28 P1:02 SENATE RECEIVED BY: 1468 S.B. No. Introduced by SENATOR IMEE R. MARCOS 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.

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; (c) 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 cause 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 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 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 (KPAs) of the Abra River Basin System shall be implemented in coordination with 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 (NLA), 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-served 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; (c) 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; (d) 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; (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) Review all 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; (i) 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; (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 environmental 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 and impose necessary safeguards, management and control of wastewater and collect necessary fees for such activities and projects; (P) 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; medical (r) Require subdivisions, condominiums, clinical and 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; (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; (c) 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; (g) 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; (i) 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; (I) 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; (c) 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 11| 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. 14. 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 vacant position.

SEC. 9. Powers and Functions. - The Board shall exercise the following powers

and functions: (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; (c) 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 ensure the efficient, honest and economical administration of the provisions and purposes of this Act: 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) Approve the annual and supplemental budgets of the Authority and authorize 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 Perform such other functions as may be necessary to carry out the provisions 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 meetings shall be prescribed by the Board.

SEC. 12. Per Diems. - The members of the Board shall receive a per diem for

each meeting actually attended. The per diems of the members of the Board shall be determined by the Board in accordance with the existing rules and regulations.

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;

(c) 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; (e) 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.

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

(a) A citizen and resident of the Philippines; (b) At least thirty-five (35) years of age; (c) With good moral character, unquestionable integrity and recognized competence; and (d) A degree holder with at least five (5) years supervisory or management experience in the field of public administration, economic planning, environmental planning and natural resource management, or in the establishment and management of large agricultural, commercial or industrial enterprises or other related fields.

SEC. 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 Commission.

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 or delegate. 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 manager has been duly appointed. The 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 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. (c) 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. (d) 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, shall have the authority 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, 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; (c) A representative of owners, proprietors and authorized operators of all major private, commercial or industrial business establishments located in all barangays comprising the Abra River Basin System; and (d) One (4) representative each for the homeowners 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 stakeholders 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 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 mandatory, in all cases in which it has jurisdiction; (b) Issue subpoena and subpoena duces tecum and to summon witnesses to appear in any proceedings of the Adjudication Panel, and administer oaths and affirmations; (c) Punish for contempt, both direct and indirect, in accordance with the pertinent provisions of and the penalties prescribed by the Rules of Court; (d) Conduct investigations and hearings on the complaints for violation of the environmental laws and of this Act, issue show cause orders, decisions or ruling and impose times and penalties for such violations; (e) Issue notices of violations or non-compliance, cease and desist orders and other related orders necessary for the enforcement of existing environmental laws and rules and regulations of this Act; The Adjudication Panel is mandated to take cognizance and adjudicate violations of this Act. Any decision, order or resolution shall be concurred in by the majority members 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 (45) days from receipt of the decision, order or resolution. The decision of the Board may be further appealed to any court of competent jurisdiction in accordance with the provisions of the Rules of Court.

SEC. 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 immediately undertake the same, the Authority, in coordination with

other government agencies concerned, shall conduct containment, removal and cleanup 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.

SEC. 25. Prohibited Acts. - The following acts are prohibited:

(a) Discharging, depositing or causing to be deposited matter of any kind directly or indirectly along the margins or the water of the Abra River, where the same shall be liable to be washed into surface water either by the tide, storm, floods or other occurrences which cause water pollution or impede the natural flow of the Abra River; (b) 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 geothermal projects, subject to the approval of the Authority, the regulated discharge for short-term activities such as well testing, flushing, commissioning, venting and deep reinjection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; (c) 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) Disposal of potentially infectious medical waste into the Abra River and its tributaries; (e) Unauthorized transport or dumping of sewage sludge, solid waste, or commercial, industrial and institutional waste into the Abra River and its tributaries and waterways; (f) Transporting, dumping or discharging of prohibited chemicals, toxic substances, hazardous and nuclear waste into the Abra River; (g) 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; (h) Undertaking activities, development and expansion projects or operating wastewater and sewerage facilities in violation of Environmental Impact Statement System established under Presidential Decree No. 1586 and its implementing rules and regulations;

(i) 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; Refusal to allow entry, inspection and monitoring by the Authority; (k) Refusal to allow access by the Authority to relevant reports and records; (1) Refusal or failure to submit reports whenever required by the Authority; (m) Refusal or failure to designate pollution control officers whenever required by the Authority in accordance with this Act; and (n) Directly using booster pumps in the distribution system or tampering with the water 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

mentioned in Section 25 hereof or any rule and regulation promulgated pursuant thereto shall be punished by imprisonment of not less than two (2) years but not more than four (4) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P1,000,000.00), 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 contamination 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 contamination continues. 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, antipollution 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.

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 (P2,000,000) 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 supplies 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. All accounts and expenses of the Authority shall be audited by the Commission on Audit or its duly authorized representative.

SEC. 34. Implementing Rules and Regulations. - Within ninety (90) days after

the approval of this Act, the TESDA shall, in coordination with the DOLE, DTI, DOST,

DA, Department of Budget and Management, DILG, NEDA, concerned LGUs, and such other relevant agencies and industry-business partners of the host locality, prepare and issue the necessary rules and regulations for the effective implementation of this Act.

SEC. 35. Separability Clause. - If, for any reason or reasons, any part or

provision of this Act shall be declared as unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 36. Repealing Clause. - All provisions of existing laws, orders, rules and

regulations or parts thereof which are in conflict or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 37. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any newspaper of general circulations. Approved,