Law Summary
Declaration of Policy
- Local water utilities should be locally controlled and managed.
- Support needed at the national level for technical assistance and financing.
- Local Water Utilities Administration established to optimize public water utility operations.
Definitions
- Clarifies terms such as Appointing Authority, Administration, Board of Directors, Districts, Local Water Utility, Person, Property, and Trustees.
- Appointing authority depends on service connections' geographic concentration.
Formation of Local Water Districts
- Authorized by local legislative bodies via resolution including name, boundary, intent to transfer facilities, purpose, initial directors, dissolution conditions, and powers acknowledgment.
- Multiple jurisdictions can form a single district through corresponding resolutions.
- Filing of resolution with Administration confirms district existence.
Board of Directors
- Composed of five qualified residents representing civic, professional, business, educational/religious, and women's organizations.
- Directors appointed by the appointing authority from nominations or otherwise.
- Staggered terms of 2, 4, and 6 years initially; thereafter six-year terms.
- Directors compensated per meeting, not liable personally for district actions.
Board Organization and Functions
- Holds an organizational meeting within 45 days after formation.
- Elects chairman, vice-chairman, secretary, and treasurer.
- Majority presence constitutes quorum; policies enacted by majority vote.
- Board exercises all district powers and establishes policy but delegates detailed management.
- Board adopts by-laws with public notice and hearing.
Officers and Employees
- General manager, auditor, and attorney appointed by board.
- General manager oversees operation, construction, and administration.
- District exempt from Civil Service Law; salary cap ensures maximum 50% of net revenue on compensation.
Powers of District
- Acquire, install, improve, maintain, operate waterworks and sewerage systems.
- Sell water and provide sewerage services within district.
- Enforce connection to sewer system within 35 meters, declare noncompliance a public nuisance.
- Rights to construct and maintain works on government lands and across public ways.
- Enter contracts for cooperation, payment in lieu of taxes, and MWSS agreements.
- Protect water sources; regulate wells to prevent interference with district waters.
- Install fire protection capacities with reimbursement agreements.
Financial Provisions
- Treasurer handles all district funds; deposits in Philippine National Bank.
- Issue negotiable promissory notes up to 20% of annual gross revenue.
- Revenue bonds issued with detailed regulations on issuance, form, payment, and default remedies.
Revenues and Charges
- Uniform rate schedules for water with different categories and blocks.
- May impose sewer service and stand-by charges; services discontinued upon nonpayment.
- May levy groundwater production assessments for commercial/industrial uses causing financial harm.
- May assess properties for sewerage capital improvements; assessments are liens if unpaid.
Changes in District Organization
- Territory exclusion upon finding no benefit.
- Annexation and deannexation governed by Administration upon notice and hearing.
- Consolidation or merger ordered by Administration if in best interest of residents.
- Dissolution conditioned on asset transfer, bondholder consent, and court approval.
Protections and Exemptions
- Districts exempt from all income taxes, local fees, duties on imported equipment.
- Exclusive franchise for domestic water service unless district consents otherwise.
Local Water Utilities Administration (LWUA)
- National agency attached to NEDA to set minimum standards, provide technical assistance, monitor utilities, effect system integration, provide specialized financing.
Board of Trustees of LWUA
- Five members with specified experience in banking, local water utilities, or engineering.
- Appointed by President for staggered 5-year terms; removable for cause.
- Establishes policies but not involved in detailed management.
- Receives per diem compensation for meeting attendance.
LWUA Organization
- Adopts by-laws with NEDA approval.
- Board elects chairman, vice-chairman; appoints secretary, treasurer, auditor, general counsel.
- General manager appointed by board; manages personnel and divisions.
- Personnel exempt from civil service but entitled to government benefits.
Powers and Functions of LWUA
- Borrow funds and issue securities to finance local water utilities.
- Make loans to qualified local water utilities with certificates of conformance.
- Establish uniform standards regulating water quality, construction, operation, equipment, personnel, accounting.
- Review local utility rates ensuring cost recovery and debt service; appeals allowed.
- Provide technical assistance and training programs; issue certificates of competence.
- Issue and revoke Certificates of Conformance and Conditional Certificates.
LWUA Financial Provisions
- Annual operating budget appropriated by General Appropriations Act.
- Charges imposed for specific services requested by local utilities.
- Revolving Loan Fund created with initial and ongoing appropriations.
- Authorized to borrow domestically and internationally up to defined limits with government guarantee.
- Accept reserves from local utilities for capital improvements.
General Provisions
- Separability clause maintained.
- Repeals inconsistent laws or provisions.
- Immediate effectivity upon issuance.
Implementation Orders
- Creation of Task Force and designation of Officer-in-Charge to facilitate implementation.