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1987 Philippine Constitution

The State shall protect and advance


the right of the people to a balanced and
healthful ecology in accord with the
rhythm and harmony of nature.
Section 6, Article II, State Policies

Environmental Laws
to protect public health & the environment
*
*
*
*
*
*
*

Clean Air Act


Ecological Solid Waste Management Act
Clean Water Act
Environmental Impact Assessment System
Renewable Energy Act/Biofuels Act
Climate Change Act
Toxic & Hazardous Waste Management Act

Health Impacts
Incidence of bronchitis among children in
MM is 11% (national average is 1%)
Incidence of COPD among jeepney
drivers is 32.5%, aircon bus drivers 16%,
commuters 14.8%
Incidence of PTB highest among jeepney
drivers at 17.5% compared to 9% for
commuters

Estimates of health impacts


and cost of PM10 in 4 cities (2001
levels)

Excess deaths
Chronic bronchitis
Respiratory symptoms

$ 432M*

low estimate since only 3 impacts were considered in health damage estimation
represents 2.5 to 6.1% of per capita incomes in MM, Baguio, Cebu and Davao

Clean Air Act


June 23, 1999
July 2, 1999
July 17, 1999
Nov. 7,2000
Nov. 10, 2000
Nov. 25, 2000

Enactment of RA
8749 (CAA)
CAA Publication
Effectivity of the
CAA
IRR approved as
DAO 2000-81
IRR publication
Effectivity of the IRR

Salient Features
The Philippine Clean Air Act of 1999
Designation of airsheds for a more effective and
systematic planning & coordination
(attainment or non-attainment for criteria
pollutants)
A multisectoral Governing Board shall be
created for each Airshed to formulate policies,
common action plan and coordinate functions
and actions
Adoption of the Emission Charge System
based on concept of polluters must pay

Salient Features
Philippines Clean Air Act of 1999
Fees, imposed as part of the emissions
permit or vehicle registration renewal
shall be collected from both stationary &
mobile sources
Establishment of an Air Quality
Management Fund to finance
containment or clean-up operations or
restorations/rehab activities, research
monitoring

Salient Features
Philippines Clean Air Act of 1999
Requirement for program & project to put up
Financial Guarantee Mechanisms for immediate
response, clean-up or rehabilitation of areas that may
be damaged
Air Quality Standards (Emission and Ambient) are
explicitly provided under the Act, subject to DENRs
review and revision
* Existing industries w/c could not comply w/ standards
are given 18 months grace period for the establishment
of an Environmental Management System

Salient Features
Philippines Clean Air Act of 1999
Privatization of the Motor Vehicle
Inspection, testing (PETCs) and repair
centers :
All Motor vehicles shall undergo emission testing
prior to renewal of registration
Vehicles which fail such tests shall be required to
undergo repair at the centers and be retested

Salient Features
Philippines Clean Air Act of 1999
Prohibition on incineration, defined as
the burning of municipal, biomedical and
hazardous wastes w/c process emits toxic
& poisonous fumes

Salient Features
Philippines Clean Air Act of 1999
Improvement of Fuels:
Elimination of lead in gasoline by Jan. 2001
All ULG should have aromatics content of 45% &
benzene content of 4% by Jan. 2001
All ULG should have aromatics content of 35% &
benzene content of 2% by Jan. 2003
Automotive diesel sulfur content: .2% by wt (Jan. 2001) &
.05% (Jan. 2004)
Industrial diesel sulfur content: .3% (Jan. 2001)

Salient Features
Philippines Clean Air Act of 1999
Provides for venue for citizen suit where
any citizen may:
File civil, criminal and administrative action
against any violator or public official who
neglects his performance

Provides heavier fines & penalties for


violators of the Act & its IRR

Fines & Penalties


Stationary Sources

A Fine of < P 100,000.00 for everyday of


violation of standards until such time that
standards have been complied with
Shall be increased by at least 10% every 3
years to compensate for inflation & to
maintain the deterrent function of the fine
Penalties for Gross Violation: Imprisonment
of not less than 6 years but not more than
10 years at the discretion of the court

Fines & Penalties


Mobile sources
Exceedance of exhaust emission limits:
1st offense:
P 1,000.00
P 3,000.00
2nd offense:
P 5,000.00 + seminar on
3rd offense:
pollution control management
If 3rd offense was committed w/in a year from
the commission of the 1st offense: suspension
of MVR for 1 year

Fines & Penalties


Ban on smoking:
Imprisonment of 6 months and 1 day to 1
year; or
A fine of P 10,000.00

Open Burning:
A fine of not < P 10,000.00 but not > P
100,000.00; or
6 yrs. Imprisonment

National Waste Generation


(2000-2010)
2000

2010

Mln. T/Yr.

% of total

Mln. T/Yr

% of total

2.45

23.0

3.14

22.3

Cordillera AR

0.17

1.6

0.21

1.5

Ilocos

0.50

4.7

0.63

4.5

Cagayan Valley

0.32

3.0

0.40

2.8

Central Luzon

0.96

9.0

1.32

9.4

Southern Tagalog

1.42

13.3

2.11

15.0

Bicol

0.54

5.1

0.65

4.6

Western Visayas

0.82

7.7

1.00

7.1

Central Visayas

0.74

7.0

1.01

7.2

Eastern Visayas

0.43

4.0

0.51

3.6

Western Mindanao

0.40

3.8

0.53

3.8

Northern Mindanao

0.37

3.4

0.47

3.4

Southern Mindanao

0.70

6.6

0.97

6.9

Central Mindanao

0.33

3.1

0.41

2.9

ARMM

0.26

2.5

0.39

2.7

Caraga

0.26

2.4

0.31

2.2

National

10.67

100

14.05

100

NCR

RA 9003 Ecological Solid Waste


Management Act
January 26, 2001
February 26, 2001
December 21, 2001

Approval of RA 9003
Effectivity of RA 9003
Signing of the IRR

February 16, 2004

All Open Dumpsites should have


been closed or converted to
Controlled Disposal Facilities

February 16, 2006

All Controlled Disposal Facilities


shall be deemed closed and
phased-out (Sec. 37)

Paradigm shift

Waste is a resource in the


wrong place at the wrong
time. Once it finds its rightful
place, it will be just as
valuable as any other
resource.
Mustafa Tolba
Executive Director, UNEP

Solid Waste under RA 9003


> discarded household
commercial waste
> non-hazardous
institutional and
industrial waste
> street sweepings
> construction debris
> agricultural waste
> other non-hazardous/
non-toxic wastes

Institutional Structure
National Solid Waste
Management Commission
(Policy Making)

DENR-EMB-NSWMC/S
(Technical Support
and Enforcement)

Ecological Solid Waste


Management Act

Local Government
Units
(Implementation)

Waste Generators/Citizens

17 Partners at the NSWMC


Government Sector:
DENR (Chairman)
DILG
DOST
DPWH
DOH
DTI
DA
TESDA

PIA
MMDA
League of Provinces
League of Cities
League of Municipalities
Liga ng mga Barangay

Non-Government Sector:
1 - representative from the NGO sector
1 - representative from the Recycling Industry
1 - representative from the Manufacturing/Packaging industry

Role of the DENR


provide technical and other capability
building assistance and support to LGUs
and other private sectors
recommend policies to eliminate barriers to
waste reduction programs
exercise visitorial and enforcement powers
to ensure strict compliance
issue rules and regulations

ROLE OF THE LGU


primarily responsible for the implementation
and enforcement of the provisions of this Act
within their respective jurisdictions
barangay level shall conduct segregation and
collection of solid waste for biodegradable,
compostable and reusable wastes
municipality or city shall be responsible for the
collection of non-recyclable materials, residual
wastes and special wastes

Creation of the Solid Waste


Management Boards at the Local
Government Level
City/Municipal
SWM Board

Provincial SWM Board

Barangay SWM
Committee

COMPLIANCE with RA 9003

Sec 21 Segregation at Source


Sec 23 Segregated Collection
Sec 33 - Recovery/Recycling Systems
Sec 37 Closure/Conversion of Open
Dumps to CDF
Controlled Disposal Facilities
Final Disposal Systems

COMPLIANCE with RA 9003


Sec 21 Segregation at Source
9 Most indispensable element of any effective
ESWM Program
9 Proven by the enactment of an Ordinance that
mandates at Municipal Solid Wastes (MSW) must
be segregated at source and placed in at least 3
separate containers, (a) Compostables, (b)
Recyclables, and (c) Residuals
9 Compliance is monitored through Barangay Level
Monitoring Systems

Classification of Waste under RA 9003


Compostables

Recyclables

Special Wastes

Non-recyclables/residuals

COMPOSTABLE WASTE
Compostable wastes are biodegradable
wastes such as food waste, garden waste and
animal waste.
Examples are:
Fruit and vegetable peelings, leftover foods,
vegetable trims, fish/fowl/meat/animal entrails/, soft
shells, seeds, leaves, etc.,

RECYCLABLE WASTE

Recyclable materials refer to any waste material


retrieved from the waste stream and free from
contamination that can still be converted into
suitable beneficial use.
Examples are:
Newspaper, ferrous and non-ferrous scrap
metals, corrugated cardboard, aluminum, tin
cans, glass, papers, etc.,

SPECIAL WASTE

Special waste refer to household hazardous


wastes.
Examples are:

Paints, thinner, household batteries, lead-acid batteries,


spray canisters, bulky wastes, consumer electronics
(which refer to worn-out, broken and other discarded
items), white goods (which refer to large worn-out or
broken household appliances), oil, tires, etc.,

RESIDUAL WASTE

Residual wastes are solid waste materials


that are non-compostable, non-recyclable and
non-toxic.
Examples are:
Sanitary napkins, disposable diapers, worn-out rugs,
ceramics, candy wrappers/sachets, cartons which
contain a plastic lining usually used for milk and juice
containers, etc.,

COMPLIANCE with RA 9003


Sec 23 Segregated Collection
9 Backbone of any effective ESWM Program
9 Ground-Level Enforcement Method through No
Segregation-No Collection
9 Passage of an Ordinance
9 Separate days and/or hours; Separate trucks or chambers
9 Socio-civic Trust Fund for the maintenance of garbage
collection trucks to ensure efficiency of collection and
prevention of backslide.

Tamang paghiwahiwalay ng BASURA


Pagbubukud-bukod sa pinanggalingan

garden/farm

junkshop/nagreresiklo

treatment plant

Total Segregation Approach

Sorting At Source
Segregated Collection
Village-level Collection
Community / Barangay -level Collection
Segregated Destination
Management of Compostables or
Biodegradables
Management of Recyclables or Nonbiodegradables

DAO 2006-10
Categories of Disposal Facility
Type

Category 1

Category 2

Category 3

Category 4

Ave. Cost per ton

Php11.75

Php39.00

Php142.50

Php225.00

Volume of SW

< 15 tpd

15 75 tpd

>75 200 tpd

>200 tpd

Leachate
Treatment

Ponds

Ponds

Ponds

Treatment

Clay liner

60 cm; <105cm/s

75 cm; <106cm/s

75 cm; <107cm/s

60 cm; <10-7cm/s

Technical Standards:

Drainage
Gas Venting
Leachate
Collection

HDPE Liner

1.5 mm

Fines and Penalties


Section 48 and 49 prescribe the punishable acts under
RA 9003 and the corresponding fines and penalties
therefore;
LGUs need only to pass the Ordinance that would spell
out (a) how & where community service as a penalty
would be served, and (b) the amounts and duration of
fines and imprisonment penalties for 1 st, 2nd, 3rd, 4th, etc,
offense;
If the offense is committed by a corporation,
partnership, or other juridical entity, the chief executive
officer, president, general manager, managing partner
or such other officer-in-charge shall be liable for the
commission of the offense penalized under the Act.

Fines and Penalties


If the offender is an alien, he shall, after service of the
sentence, be deported without further administrative
proceedings.
The fines in RA 9003 shall be increased by at least ten
percent (10%) every three (3) years to compensate for
inflation and to maintain the deterrent function of
such fines.
Fines collected are shared 40% -- Local Solid Waste
Management Trust Fund and 60% -- National Solid
Waste Management Trust Fund;

CITIZENS SUITS (Sec. 52)


Notice to Sue gives the party served 30 days within
which to undertake the appropriate compliances with
Secs. 21, 23, 33, and 37. If no appropriate action is
taken, citizens suit may be filed in court, or with the
Ombudsman
Set up liaisons with local NGOs, Pos, and IBP
Chapters. They focus on prosecution, we focus on
evidence and testimony only.
Carrot and Stick approach to enforcement

RECOURSE AND RELIEF (Sec. 53)


Suits and Strategic Legal Action Against Public Participation
(SLAPP) and the Enforcement of this Act.
The SLAPP provision of RA 9003 is a double-edged measure. It
seeks to protect those who file citizen suits under Section 52 thereof
against retaliatory lawsuits from the persons, institutions, or
agencies that are sued.
It is also the legal remedy for public officers who are sued for
acts committed in their official, capacity, there being no grave
abuse of discretion, and done during the enforcement of RA 9003.
Remember to tell your lawyer to claim attorneys fees and double
damages under Section 53 in your Answer by way of counterclaim

WATER Urgent Need for Action


More than 11,338 Filipinos die each year from diarrhea, or
about 55 per day from all diseases related to poor sanitation
Up to 58% of groundwater intended for drinking water
contaminated with coliform bacteria
49% of classified rivers no longer meet standard
Economic losses exceed P77 billion/year due to poor sanitation:
Health costs: P55.7 billion, Water costs (drinking water, fish
production, domestic water uses): P17.8 billion, Tourism loss:
P2.2 billion and Other welfare (time use, life choices): P2 billion
Improving sanitation key to achieving most of the other MDGs growing worldwide recognition of its importance to reducing
poverty since the poor are most affected

Philippine Clean
Water Act of
2004(RA 9275)
and Its
Implementing
Rules and
Regulations
(DAO 2005-10)

Background
Philippine Clean Water Act (RA 9275) enacted
on March , 2004
Published on April 21 ,2004 and subsequently
took effect on May 6,2004
Implementing Rules and Regulations approved
the Secretary on May 16, 2005
Published May 26, 2005 under DAO 2005-10
series of 2005 (Manila Times and Manila
Standard Today)

Republic Act No. 9275


March 22, 2004

Philippine Clean Water Act


SECTION 2. Declaration of Policy.
The State shall pursue a policy of economic growth
in a manner consistent with the protection,
preservation and revival of the quality of our fresh,
brackish and marine waters

SECTION 3. Coverage of the Act.


Shall primarily apply to the abatement and control
of pollution from land based sources

Declaration of Principles and


Policies
The Sustainable Development Framework
Holistic National Program
Operate under an Integrated WQ Framework
Self-regulation among industries thru MBIs
Focus on pollution prevention
With a system of accountability
Streamline procedures and processes
Mobilize/encourage participation of Civil society
and other sectors through education and access
to information

Conceptual Framework

Integrated Water Quality


Management Framework

Water Quality Mgt. Action


Plan (WQMAP)

Households

Industries

Other Non-Point
Sources

Establishment of Water
Quality Management Area
(WQMA)
Non-Attainment Areas
(NAAs)
Natl Septage/Sewerage
Management Program
Classification/
Reclassification
Groundwater Vulnerability
Mapping
WQ Guidelines
Effluent Standards
Categorization of Industry
Wastewater Charge System
Discharge Permits
Financial Liability
Programmatic EIA
Incentives and Rewards
Prohibitions/Sanctions/
Actions

Coverage
9 Water Quality Management in all

water bodies
9 Abatement & control of pollution
from land based sources
9 Enforcement of WQ standards,
regulations and penalties

WATER QUALITY
MANAGEMENT SYSTEM
Water Quality Management Area Attainment and NonAttainment Areas
Management of Non-attainment Areas
National Sewerage and Septage Management Program
Domestic Sewage and Septage Management Program
Domestic Sewage Collection, Treatment and Disposal
National Water Quality Management Fund
Wastewater Charge System
Discharge Permits

Management of the Water Quality


Mgt. Area (WQMA)
Governing Board:
Composition

Representatives of
mayors and governors of member LGUs,
NGAs, NGOs, water utility and business
sector

Functions

coordinating
legislation

strategy formulation for


policies/regulations/local

Legal Mandate for the National Sewerage and


Septage Management Program
The Clean Water Act of 2004 requires
DPWH to prepare a national program on sewerage and
septage management
- Include a priority listing of projects for LGUs based on
population density and growth, degradation of water resources,
topography, geology, vegetation, program/projects for the
rehabilitation of existing facilities and such other factors
Based on priority list, national government may allot funds
for the construction and rehabilitation of required facilities

Sewerage and Septage Management:


In MM & HUCs, water supply utilities are responsible for
sewerage facilities, and must connect all sources to existing
facilities within 5 years.
In non-HUCs, DPWH in coordination with DENR, DOH and
other concerned agencies, shall employ septage or combined
sewerage-septage management system.
DOH, in coordination with other government agencies, shall
formulate guidelines and standards for the collection,
treatment and disposal of sewage.

Role of LGUs
share the responsibility in the management and improvement of water
quality within their territorial jurisdictions

Prepare a compliance scheme within 6 months of WQM


Action Plan
Appropriate land including rights of way/access to the land
for the construction of sewage & septage treatment
facilities
Adopt septage management program or other sanitation
alternatives for areas where there are no existing facilities
Raise funds for O&M of facilities through property taxes
and user fees
Sanction persons who refuse connection of sewage lines to
available sewerage lines

National Water Quality Management


Fund (NWQMF)

Fines

NATIONAL
WATER
QUALITY MGT.
FUND

Proceeds
of Permits

Administrator

DENR

Depository Bank

National Treasury

Donations,
Endowments,
Grants

Uses: equipment purchase, IEC and promotions, monitoring,


research, rehabilitation, manpower

AREA WATER QUALITY


MANAGEMENT FUND

AREA
WATER QUALITY
MGT. FUND

Fines before
CWA(rural areas)

Wastewater
Discharge fees

Donations,
Endowments,
Grants

Administrator

WQMA Governing Board

Depository Bank

Government depository bank in the area

Uses: equipment purchase, IEC and promotions, monitoring, research,


rehabilitation, manpower

VII. CIVIL LIABILITY/PENAL


PROVISIONS
Violation

Penalty/Civ1l Liability

Discharging of untreated
wastewater into any
water body

Fine of not less than PhP10,000


but not more than PhP200,000
for every day of violation

Failure to undertake
clean-up operations

Imprisonment not < 2 years but not


> 4 years. A fine of not <
PhP50,000 but not >
PhP100,000/day of violation.

Failure or refusal to
clean-up which results in
serious injury or loss of
life or lead to irreversible
water contamination

imprisonment of not < 6 years and


1 day and not > 12 years and fine
of PhP500,000/day for each
violation

THE PHILIPPINE
ENVIRONMENTAL
IMPACT
ASSESSMENT
LAW

PD 1586
Establishing an Environmental
Impact Statement (EIS) System:
There is hereby established an EIS system
founded and based on the EIS required, under
Sec 4 of PD 1151, of all agencies and
instrumentalities of the NG, including GOCC, as
well as private corporations, firms and entities,
for every proposed project and undertaking
which SIGNIFICANTLY AFFECT THE QUALITY
OF THE ENVIRONMENT.

What is an EIA?
EIA is a component of the Planning and
Decision Making Process
EIA is the presentation and evaluation of
environmental considerations in the process
of planning and decision making
Reference: Environmental Impact Assessment Handbook, National
Environmental Protection Council, Ministry of Human Settlements,
November, 1983

This is reiterated in DAO


2003-30 of June 30,2003
Sec 1 (b) states- The EIS system
aid proponents in incorporating
environmental considerations in
planning their projects as well as
determining the environmental
impacts of their projects

ENVIRONMENTAL
ENVIRONMENTAL IMPACT
IMPACT
ASSESSMENT
ASSESSMENT (EIA)
(EIA)
The process of predicting the
likely environmental
consequences* of
implementing a project and
designing appropriate
preventive mitigating and
enhancement measures
EIA
EIAis
isdone
doneby
byproject
projectproponents
proponentsthat
thatplan
planto
toimplement
implement
projects
projectswithin
withinthe
thepurview
purviewof
ofthe
theEIA
EIASystem
System

Purpose of the EIA


To enhance planning and
guide decision-making
Requirement to integrate
environmental concerns in
the planning process of
projects at the feasibility
stage
To reduce adverse
environmental impacts of
proposed actions

Coverage
Environmentally critical
project (ECPs)
Environmentally critical
areas (ECAs)

EIA and Enforcement of


Environmental Standards & Laws
EIA sets the framework for management of
environmental performance thru the
requirement of Environmental
Management Plans
EIA also covers environmental protection
and enhancement related issues where
there are yet no standards or lack explicit
definitions in existing laws
- i.e. greenbelts

Forms of EIA Study Report


ENVIRONMENTAL IMPACT
STATEMENT (EIS) for ECPs
the document of comprehensive studies on
the environmental impacts of a project
including the discussions on direct and
indirect consequences upon human welfare
and ecological and environmental integrity.

Forms of EIA Study Report


INITIAL ENVIRONMENTAL
EXAMINATION (IEE) for projects in
ECAs
similar to that of an EIS except for the
depth of detail of discussion; intended as a
tool to determine the need for further
studies such as those undertaken in
preparation for an EIS; are generally
prepared based on secondary data

Forms of EIA Study Report


INITIAL ENVIRONMENTAL
EXAMINATION CHECKLIST Report
consist of a series of questions that deals with issues
and concerns on the specific project types under
EIS Systems
Simplified checklist version of an IEE Report,
prescribed by the DENR, to be filled up by a
proponent to identify and assess a projects
environmental impacts and the
mitigation/enhancement measures to address such
impacts

PROJECT SCREENING

EIA Required

LEGEND:
Proponent
Driven

No EIA

EIA STUDY SCOPING

DENR-EMB
Driven

EIA Study / Report preparation by Project


Proponent as a requirement for ECC application

Proponent
Options
Not Part of
EIA Process
Public
Involvement

Change
Project
plan /
Relocate
Project

REVIEW & EVALUATION of EIA as


facilitated by DENR-EMB

P
U
B
L
I
C

WHOLLY WITHIN THE


I
N
PROPONENTS CONTROL
V
Proponent undertakes
the O
DENY
ISSUE ECC w/ recommendations
to
L
ECC
GAs /EIA
LGUsStudy, with the
V
E
assistance of its EIA
M
E
Secure necessary permits / clearances
from other
GAs / LGUs
Preparer
Team.

Expansion / Project
modifications

N
T

Implementation

ENVIRONMENTAL IMPACT
MONITORING & EVALUATION / AUDIT

Processing/Decision Authority and


Processing Duration
MAX TIME TO
GRANT OR
DENY ECC
APPLICATION
(Working
Days)

DECISION
DOCUMENT

PROCESSING
RESPONSIBILITY
(Endorsing
Official)

Initial
Environmental
Examination Report
(IEER)

ECC

EIAMD RO
Division Chief

EMB RO
Director

60 days

Initial
Environmental
Examination
Checklist (IEEC)

ECC

EIAMD RO
Division Chief

EMB RO
Director

30 days

Project Description
Report (PDR)

ECC

EIAMD RO
Division Chief

EMB RO
Director

15 days

Environmental
Performance Report
and Management
Plan (EPRMP)

ECC

EIAMD RO
Division Chief

EMB RO
Director

30 days

Environmental
Performance Report
and Management
Plan (EPRMP)

ECC

EIAMD RO
Division Chief

EMB CO
Director

30 days

DOCUMENTS REQUIRED
FOR ECC/CNC
APPLICATION

DECIDING
AUTHORITY

Decision Documents Issued


A Denial Letter:
* explanation for the disapproval of the application
* guidance on how the application can be improved to a level of
acceptability in the next EIA process

Certificate of Non-Coverage (CNC)


* the project is not covered by the EIS System and is not required to
secure an ECC

Environmental Compliance Certificate (ECC )


* proponent conforms with undertaking of full responsibility
over implementation of the specified measures

RA 9367: Biofuels Act of 2006


Provide fiscal incentives and
mandate the use of biofuelblended gasoline and diesel fuels
BIODIESEL

2008 consumption of 91 million liters (CME)


1% biodiesel blend sold in all gasoline
stations
2% biodiesel blend by Feb. 6, 2009

BIOETHANOL

Actual production of 611,235 liters


Start of 5% by total volume mandate on Feb.
6, 2009

RA 9513: Renewable Energy Act of 2008

Accelerate the development of the countrys renewable energy


resources by providing fiscal and non-fiscal incentives to private sector
investors and equipment manufacturers / suppliers.

Policies under RA 9513


Accelerate the exploration and development of
renewable energy resources
achieve energy self-reliance
to reduce the countrys dependence on fossil fuels
minimize the countrys exposure to price fluctuations

adoption of clean energy to mitigate climate change


promote socio-economic development in rural areas

Increase the utilization of renewable energy by


providing fiscal and non fiscal incentives;

Renewable Energy Policy


Framework 2009 Updates
EXISTING
CAPACITY
08 (MW)

TARGET
Capacity
(MW)

TOTAL
in 2030

Hydro

3,367

1,070

3,400

3,097

6,767

Solar

30

35

RESOURCE

Geothermal
Wind

Biomass
Ocean
Total

2,027
33

57.2
0

5,489.2

515
200
120

5,355

548

257.2
120

10,835

Policy Implementation
Establishment of the Renewable Energy Management
Bureau
DOEs lead unit in the implementation of the Act
Operationalized on 14 July 2009
Creation of the Interim Negotiating Panel for RE Service /
Operating Contracts on 09 September 2009

Creation of the National Renewable Energy Board


Created Sub-committees and working groups to facilitate the
formulation of mechanisms, rules and guidelines on the ffg.:

Renewable Portfolio Standard / Feed In Tariff


Net Metering
Green Energy Option
Renewable Energy Trust Fund

Fiscal Incentives for RE Resource


Developers
Government Share
1% of gross income on RE development projects, except
geothermal resources
1.5% for geothermal resources
Exemptions: biomass and micro-scale projects for communal
purposes and non-commercial operations (up to 100kW)

Duty-free Importation
10-year exemption from tariff duties

Tax Credit on Domestic Capital Equipment and


Services
Equivalent to 100% of custom duties and value-added tax

Fiscal Incentives for RE Resource Developers


Income Tax Holiday (ITH)
7-year tax holiday, including new investments but not to
exceed 3 times

Corporate Tax Rate


10% of net taxable income after ITH

Net Operating Loss Carry Over


3-year losses carried over 7 years, except those resulting from
availment of other incentives

Accelerated Depreciation
Non-availment of ITH
Depreciation rate not exceeding twice the normal

Zero Percent Value Added Tax Rate


0% on sale of fuel or power generated from RE sources

Fiscal Incentives for RE Resource Developers


Special Realty Tax Rate on Equipment and Machinery
Not to exceed 1.5% of original cost

Cash Incentive for Missionary Electrification


50% of the universal charge due

Exemption from Universal Charge


Generators own consumption
Free distribution in off-grid areas

Payment of Transmission Charges


Average per kWh rate of all other electricity transmitted
through the grid

Tax Exemption on Carbon Credits


Exemption for the sale of CER

Fiscal Incentives for RE Commercialization


Tax and Duty-free Importation of Components, Parts
and Materials
Exemption from importation tariff and duties and value added
tax

Tax Credit on Domestic Capital Components, Parts


and Materials
100% equivalent of custom duties and value added tax

Income Tax Holiday


7-year tax exemption

Zero-rated Value Added Tax Transactions


0% VAT on transactions with local suppliers of goods,
properties and services

Non-fiscal Incentives
Renewable Portfolio Standard (RPS)
Mandatory (percentage) utilization of RE
generation system in on-grid systems

Feed-in Tariff
Priority connection to the grid
Priority purchase and transmission of and
payment for by grid system operators
Fixed tariff for at least 12 years
To be applied for generation utilized in
complying with RPS

Beyond just complying


with environmental laws,
rules and regulations

Business opportunities in
being green

Beyond Compliance- Business


Opportunities in Solid Waste Management

Traditional:
Collection services & managing disposal sites

Emerging opportunities:
Biogas Emissions Reduction Project
elimination or reduction of explosion or
fire hazards
reduction of odor and groundwater
pollution
reduction of damage to vegetation and
acceleration of re-use of land
improves dumpsite stability
contributes to GHG reduction and
mitigation of global warming
***Estimated emission reduction of
110,000 tCO2e/year from capture
of landfill gas and 0.46 tCO 2e/MWh
displaced grid electricity ***

generates renewable energy


***Estimated generation of 4,200MWh
of electricity per year, to benefit
around 3,500 families***
Carbon Finance & PoA for City Administration:
The Quezon City Experience

Biogas Emissions Reduction Project


Benefits
generates additional
financial resources
for the City
CER Price Range
(in /tCO2e)

% to be
donated to QC

6.00 7.00

15

7.01 - 8.00

16

8.01 - 9.00

17

9.01 - 10.00

18

10.01 - 11.00

19

11.01 - 13.00

21

13.01 - 15.00

23

15.01 - 17.00

25

17.01 - 20.00

28

20.01 -- up

32

Carbon Finance & PoA for City Administration:


The Quezon City Experience

...to support infrastructure,


manpower, livelihood,
education and social
services development
projects for the local
barangay

Large-scale Composting

1. Mulching Operation

3. Sieving of shredded
compost

2. Shredding of Dried
Compostables

4. Compost Processing

Large-scale Composting
Use of Fabricated 1Ton
Capacity Bioreactor

Use of Large
Shredders/Chippers

Basic Organic Agriculture


Ecological waste
management will
eventually lead to
organic agriculture.
Compost may be used
directly for planting
organic vegetables and
fruits.
There is a large
untapped local demand
for compost.
URBAN GARDENING

RECYCLING
Newspaper, ferrous and non-ferrous
scrap metals, corrugated cardboard,
aluminum, tin cans, glass, papers, etc.,

Other Alternative Technologies for


Management of Recyclable/ nonbiodegradable Materials
Blocks
DOST Technologies
Packaging Laminates
Styropor Recycling
Glass Recycling (Hand blown and
Lampworking)

Other Alternative Technologies for


Management of Recyclable/ nonbiodegradable Materials
Recycling Practices
Glass Packaging
Paper Packaging
(TIPCO)
Tetra Pak Containers
Aluminum Cans (SMC)
Plastics (PET, HDPE,
LDPE, PVC)
Used Tires

Ang Kilus for Doy


Packs
Electronics (HMR, Grp.)
Printing Images
(YGARC
Trading Co.)
Candles -ZKK
Tin Can Recycling -ZKK
Batteries (Philippine
Recyclers Inc.)

Business
opportunities in
implementing the
Clean Water Act

Traditional - Septic Tank Desludging

Opportunities - Septage Management System

Desludging Works

Wastewater Treatment and Re-use

Septage Treatment
Biosolids Disposal

Treatment Process
Screenings, Grit and Grease
Removal
Flocculation and
Screw Press Dewatering

Filtrate Treatment:
Conventional
Activated Sludge
Discharge to river/lake

Biosolids
Hauling &
Land Application
Land application

Biosolids Management
Manila Water sends its biosolids to sugarcane lands in laharladen areas in Pampanga and Tarlac

Sewage Treatment Plant

Makati South STP (Magallanes, Makati)

Makati South STP - Waste To Energy project

Covered anaerobic lagoon

Methane gas

Power house

Business
opportunities in
implementing the
Clean Air Act &
RE Law

Opportunities - Clean Air Act & Renewable Energy Act

Cleaner vehicles - Electric powered & solar powered

Forest Plantations in Production Forests

Mangrove rehabilitation

Increased productivity shrimps, crabs, shellfish, fish

SHARED RESPONSIBILITY

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