Title
Guidelines on Water Sector Ficing Reforms
Law
Dof
Decision Date
Jul 16, 2004
The Implementing Rules and Regulations (IRR) of Executive Order No. 279 in the Philippines provide guidelines and procedures for financing policies in the water supply and sewerage sector, aiming to improve investor confidence, rationalize financial resources, and stimulate improved service and self-sustainability.

Reforms, Objectives and Policies

  • Improve investor confidence in the water sector.
  • Rationalize allocation of limited financial resources using classification and graduation.
  • Allow WSPs freedom to choose financing sources.
  • Increase LGUs, Government Financial Institutions (GFIs), and Private Financial Institutions (PFIs) participation.
  • Stimulate improved service and financial self-sustainability.
  • Encourage self-sufficiency initiatives like amalgamation, private sector participation, and resource pooling.
  • Grant incentives for improvement and graduation.
  • Educate consumers to treat water as an economic good.

Definition of Key Terms

  • Amalgamation: Consolidation or joint operation of WSPs resulting in a WD.
  • Classification: Categorization of WSPs into creditworthiness levels for financing allocation.
  • Cost Recovery Tariff: Tariff covering capital, operating expenses, debt servicing, and minimal reserves.
  • Creditworthy WSPs: Financially self-sustaining, capable of accessing GFIs/PFIs financing.
  • Government Financial Institutions (GFIs): DBP, LBP, and government-owned financial institutions.
  • Graduation: WSPs' progress towards higher creditworthiness through financial and operational improvements.
  • Private Financial Institutions (PFIs): Private banks offering credit facilities.
  • Various creditworthiness levels defined with associated timeframes for achieving status.
  • Technical Assistance includes studies, design, supervision, operation support, and rehabilitation.
  • Water Service Providers: Includes WDs, LGU-run utilities, rural and barangay water associations.

LWUA Responsibilities and Organizational Rationalization

  • Review and rationalize LWUA’s organizational structure, operations, and objectives.
  • Establish Water Development Group (WDG), Water Development Financier (WDF), and Technical Assistance Group (TAG).

Water Development Group (WDG)

  • Continue institutional development and classification of WSPs based on financial and operational criteria.
  • Develop graduation plans with initiatives on cost recovery tariffs, amalgamation/private participation, governance, and resource coordination.
  • Monitor implementation and evaluate graduation plans.
  • Prepare and submit quarterly reports to Oversight Committee and DOF.

Water Development Financier (WDF)

  • Enhance LWUA lending functions, evaluating financial assistance applications.
  • Reorient lending based on sound development banking principles.
  • Strengthen loan collection and segregation of loan portfolios.
  • Develop lending policies in coordination with MFC and GFIs.

Technical Assistance Group (TAG)

  • Provide technical assistance continuing LWUA’s existing projects.
  • Extend project-related technical support competitively to GFIs, PFIs, creditworthy, and semi-creditworthy WSPs.
  • Provide assistance within value thresholds to non-creditworthy and pre-creditworthy WSPs.

Oversight Committee (OC) Role

  • Coordinate and oversee EO 279 reform implementation.
  • Review WSP classification criteria and classification prepared by LWUA.
  • Conduct audits if necessary.
  • Review LWUA Charter, classification, graduation, waiver processes, and compliance timelines.
  • Determine incentives for GFIs and PFIs lending to WSPs.
  • Functions to be continued by DOF.

Attachment and Staffing of LWUA

  • LWUA attached to the Department of Finance (DOF) upon presidential approval of reforms.
  • NG representatives at least at Director level included in LWUA Board.

Expenses for Oversight Committee

  • Members and technical secretariat entitled to honoraria and expense reimbursement subject to fund availability and rules.

LGU Responsibilities

  • LGUs encouraged to provide water and sewerage services through investments or loans to WSPs.
  • Financially and operationally responsible for WSPs except WDs and RWSAs within their jurisdiction.

Financing Policies

  • Creditworthy WSPs access commercial financing from GFIs/PFIs; LWUA streamlines waiver procedures.
  • Creditworthy WDs eligible for LWUA financing if other funds unavailable, conditional on graduation initiatives.
  • Semi-creditworthy WDs eligible for concessional financing and assistance, aimed at eventual eligibility for GFIs/PFIs loans.
  • Pre-creditworthy WDs eligible for donor grants and deep concessional financing.
  • Non-creditworthy WDs eligible for LWUA financing; LGUs encouraged to support financially and operationally.
  • LWUA allocates concessional loan/grant funds prioritizing WDs with viability potential.
  • WSPs can access financing from GFIs, PFIs, MFC, and LGUs consistent with IRR.

Role of Financial Institutions

  • Classification determines financing eligibility but is not a guarantee of financing.

Repealing Clause and Effectivity

  • Inconsistent circulars or resolutions repealed or modified.
  • IRR effective 15 days after publication in Official Gazette or major newspaper.

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