INTRODUCTION TO, AND CRITIQUE ON THE 2009 GREEN BUILDING ORDINANCE OF QUEZON CITY

by Ebinezer R. Florano

Introduction

The Quezon City government, through its Department of Building Official (DBO), has embarked on an information campaign about its Green Building Ordinance (GBO) of 2009 and its (“soft”) Implementing Rules and Regulations (IRR) on 23 February 2011 at U.P.-Ayala Technohub which was attended by various stakeholder (i.e., contractors, developers, public sectors, government agencies, utility companies, professionals, designers, consultants, building owners, and realtors).

GBO 2009 is actually the city’s Ordinance No. SP-1917, series of 2009 entitled, “An Ordinance Requiring the Design, Construction Retrofitting of Buildings, Other Structures and Movable Properties to Meet Minimum Standards of a Green Infrastructure, Providing Incentives Thereof and for Other Purposes.” It was approved by then Mayor Feliciano Belmonte, Jr. on 2 April 2009. It will be effective starting in April 2011.

The ordinance was promulgated to “establish and maintain building standard that requires the planning, design, construction, operation, and maintenance, including the retrofitting of building projects that strictly adhere to energy efficiency, cost effectiveness, and mitigate impacts on environmental degradation,” among others.

According to the ordinance, a “green building” refers to “an integrated whole-building approach to the planning, design, construction, operation and maintenance of buildings and their surrounding land space that help mitigate the environmental, economic, and social impacts of buildings. Emphasis is on site conservation and sustainable planning, water conservation and efficiency, energy efficiency and renewable energy; conservation of materials and resources and indoor environmental quality and human health.”

The ordinance covers buildings/structures classified by the National Building Code, namely: hotels, office buildings, malls, dry markets, wet markets, and slaughterhouses (commercial); schools, office buildings, and hospitals (institutional); and factors, and warehouses (industrial).

Building owners have the option to have their buildings certified “green.” They must submit technical requirements to be able to obtain two certificates, namely: a Preliminary Certificate (PC), and a Final Certificate (FC).

To get a PC, building owners must submit proofs of the following mandatory requirements: construction activity control pollution prevention system, energy efficiency plan, water use reduction system involving water efficient fixtures, waste management plan, designated smoking area layout, and sewage treatment plan.

To obtain tax credit, building owners have the option to submit the following proofs for the elective technical requirements: flood mitigation study or reference, mixed-use neighborhood center, community connectivity, provision of bicycles and attendant storage cabinets on parking lots, proximity to transport hubs, provision of adequate parking capacity, landscape in open spaces, light-colored paving or open grid, green roof, storm water management, building envelope design, less use of energy for air-conditioning system, good natural ventilation, reduction of electric consumption, use of renewable energy system as alternate power source, water consumption reduction, etc.

After assessing the completeness and compliance with the technical requirements, the proposed building will be rated by the Green Building Inspection Unit of the DBO on the following areas: land/sites sustainability, energy efficiency, water efficiency, materials and resources, and indoor environment quality. A new building project or building renovation can earn up to 100 points. The points have equal tax credit which will be issued by the City Treasurer and City Assessor in the PC.

Those which will obtain 90-above points (super gold) will earn 25% tax credit; 70-89 points (gold) will earn 20% tax credit; 50-69 points (silver) will earn 15% tax credit; and below 50 (certified green building) will not earn any tax credit. This is the Quezon City Green Building Evaluation and Rating Table system.

The formula for the Green Building Tax Credit is: GBTC = RPT x Factor.

Where:

GBTC = maximum amount of Green Building Tax Credit

RPT = Real Property Tax (on improvement/structure)

Factor = the specific tax credit rate provided for in the Quezon City Green Building Evaluation and Rating Table.

The tax credit is good for three years.

Once the building has been completely erected, or the retrofitting/renovation has been accomplished, the DBO will issue the FC.

Critique

The Quezon City government must be commended for its initiative to “green” buildings that will be erected on its territory. This is perhaps the first of its kind in the Philippines which is worth emulating. It might even catch the attention of the Climate Change Commission which listed “green cities and municipalities” as one of its key result areas for the National Climate Change Action Plan (NCCAP).

However, during the open forum, the author was able to find out the following gaps or loopholes in the Green Building Ordinance:

• It is not mandatory. Building owners are not required to secure Green Building certification. They can opt to get the regular building permits (original and renewal). Why not make it part and parcel of the building permit issuance system?

• Being optional, there is no punitive measure for those building owners who will not get Green Building Certificates. The ordinance is a mere “carrot”; there is no stick. Is the 25% tax credit enough to seduce building owners to get their Green Building Certificates?

• The ordinance does not cover residential structures, which according to the proponents, is due to cost consideration. Considering the fact that Quezon City has 2.7 million residents (as of 2007), it should consider widening the coverage of the ordinance so as to make these residential buildings “green.”

• The ordinance, according to the proponents, covers government offices. Unfortunately, it is not clear how the tax credit will be useful to these offices because they do not pay RPT anyway. The ordinance should have made it mandatory for all government offices to be green.

• The IRR does not mention the “use of environment-friendly materials” as a criterion for giving tax credit which is unfortunate because Section 20.4 of SP 1917 mentions it. This should be mentioned in the IRR because “green/sustainable infrastructure” calls for eco-efficiency, that is, less consumption of natural resources (e.g., energy, water, land and raw materials) and less pollution during the construction and usage of infrastructure.

There were other questions and suggestions during the forum like requiring building owners to conduct Environmental Impact Assessment especially in disaster-prone areas or in areas whose biological diversity or natural settings can be affected.

Recommendations

It was a wise move on the part of the Quezon City government to have consulted the various stakeholders on the “soft” IRR of its Green Building Ordinance of 2009. However, it needs to be strengthened. First, it should be mandatory for all structures, including residential structures, if not now, perhaps in the future. Second, there should be punitive measures aside from the tax credit. Third, in its final version, the IRR should include Section 20.4 of SP 1917 requiring building owners to use environment-friendly materials in the construction of their structures.

SENATOR EDGARDO ANGARA SEEKS PASSAGE OF 'GREEN' LAWS

Note: Senator Ed Angara can be an ally for green growth.

During a recent press conference, Senator Edgardo J. Angara called upon his colleagues in the government to embark on "an overall greening" or cleanup of the country to reduce the high levels of pollution. This movement, he says, can be initiated through the creation of more comprehensive environmental laws by the Congress.

The veteran lawmaker explained that several environmental laws are already in existence but are not being properly implemented throughout the nation.

"There are already different environmental laws passed in recent year, but have not been put into action. I believe we must update and modernize these laws to adapt to the changes in the environment and the development of green technologies," said Angara.

"Maybe it's time for a total review of these environmental laws--with provisions and punishments attuned to the advancements in technology and the changes in the global climate over the past ten years," said Angara.

Angara, head of the Senate Committee on Science and Technology, also emphasized the need to develop environmentally-friendly projects in the country.

"Green technology, such as the use of renewable energy, low-emission machinery and the development of recycling facilities would all play a great role in solving the pollution problem in the Philippines, especially in the metropolitan areas," said Angara.

Source: http://www.senate.gov.ph/press_release/2011/0218_angara1.asp

Quezon City gov't to contractors: Make your structures "green"

I am particularly proud of this development in the Quezon City Hall. The new Department of Building Official is a product of the Citizen Report Card (CRC)which we did for Quezon City in 2007 (together with CRC for business permit and health service). We did not directly suggest the creation of the new "department" but it was a wise move from then Mayor Sonny Belmonte to have it separated, thru an ordinance, from the City Engineer's Office (back then, it was called the "Office of the Building Official") after we reported so many anomalies. Now the department is staffed with qualified building inspectors and technical staff, and being managed professionally. I had the chance to interview the head and I sincerely believe in his competence. I hope other LGUs will follow the example of Mayor Bistek's green city initiative.

Quezon City gov't to contractors: Make your structures "green"

By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 13:40:00 02/18/2011

Filed Under: Laws, Local authorities, Environmental Issues


MANILA, Philippines--Developers seeking to build new buildings in Quezon City better make sure their structures are "green."

City building official Engr. Isagani Versoza Jr. said the Quezon City government will begin enforcing its "green building ordinance" in April where they will require contractors to adopt eco-friendly technologies in their structures.

The ordinance mandates the use of eco-friendly technology and system in the planning, design, construction, operation and maintenance including the retrofitting of building projects.

Versoza said he is proud of Quezon City being the pioneer among local government units in adopting and implementing green building infrastructure, which he said is City Mayor Herbert Bautista's advocacy.

He added that the city government wishes to promote energy efficiency and cost effectiveness in building construction as well to mitigate adverse impacts on environment degradation.

"Our mayor strongly believes that the implementation of green policy emphasizes the need to promote and protect the interrelation of the natural ecosystem and development. These are the key factors that contribute to sustainable development, empowerment of people and urban development," Versoza said.

The building official explained that part of the administration's advocacy is to reduce greenhouse gas and other hazardous emissions from buildings and similar structures.

The ordinance's implementing rules and regulations will be adopted this April.

To encourage developers and contractors to support the new ordinance, the city government will offer incentives in the form of tax credits to those conforming to the green building policy.

"There is an incentive in the form of tax credits for the land users, developers and planners who incorporate, implement, install and actually use environment friendly technologies," Versoza said.

To brief developers, contractors and building owners on the green building policy, the city government will hold a symposium next week for concerned parties to be able to clarify issues on the ordinance.

Versoza said the symposium will be held on Feb. 23, 2011 at the U.P. Ayala Technohub to brief the affected parties before the actual adoption and implementation of the ordinance come April.

Invited to attend are developers, contractors, professions, building owners and government engineers who wish to thresh out some questions with the city
government.

"Those who want to know the guidelines, procedure requirements, forms and other relevant information on how to apply for a green building certificate, which is a requirement in applying for permits in the construction, renovation or retrofitting of buildings et al," Versoza said in qualifying who may attend.

Interested parties may contact Frediswinda de Guzman at 4447272 local 8905 for details or visit www.quezoncity.gov.ph.

Source: http://newsinfo.inquirer.net/breakingnews/metro/view/20110218-320952/QC-govt-to-contractors-Make-your-structures-green

Part 1: Governance of Climate Change in the Philippines

(for a clearer copy, e-mail the author at efloranoy@yahoo.com)

by Ebinezer R. Florano
with inputs from the MoI Cluster of the CCC-NCCAP Technical Workshop*

The Philippine Climate Change Commission (CCC) conducted a "Technical Workshop on the National Climate Change Action Plan (NCCAP)" on 26-28 January 2011 at Stotsenberg Hotel in Clark Field, Pampanga. The objective, among others, was to help the CCC create concrete action plans for the implementation of the NCCAP from 2011-2028. The 500+ participants from national government agencies, local government units, academe, political parties, and civil society organizations were grouped into several clusters, one of which is the Means of Implementation (MoI) cluster. The MoI cluster was able to draw up some concrete plans for the NCCAP and the CCC. In addition, they drew the relationships of the CCC to various national government agencies and local government units (LGUs), taking into consideration the legal mandates of these agencies. The diagram above is the product of the long-discussion on what should be the working relationships of various government agencies in the area of climate change governance in the Philippines.

In a summary, the President of the Philippines provides the strategic direction on climate change governance. He/she is assisted by the CCC which is the sole policy-making body of the government tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of the Climate Change Act of 2009 (Republic Act No. 9729). The CC policies shall be integrated into the Medium-Term Philippine Development Plan (MTPDP) and all other plans that the National Economic and Development Authority (NEDA) is tasked to do as the central development planning agency of the country. The President is Chairman of both the CCC and the NEDA, hence, coordination should not pose as a problem between the two agencies.

For 2011-2016, NEDA has chosen "Green Growth" as its theme for the MTPDP of the Aquino Administration. Planning for CC and green growth, theoretically, should use both the bottom-up and top-down approach. The President, at the beginning of his/her term, shall instruct, through NEDA, all government agencies, including LGUs and government-owned and/or controlled corporations (GOCCs), to formulate their development plans according to his/her vision and campaign promises.

Now, that climate change is mandated to be mainstreamed into all development plans by the Climate Change Act of 2009, the NEDA guidelines should reflect this. Using the NEDA guidelines, all LGUs, which are at the frontline of the CC campaigns, through their local development councils (LDCs), shall formulate their Local Climate Change Action Plan (LCCAP) which shall serve as inputs, together with plans for local disaster risk reduction (DRR), to the local development plans (LDPs), annual investment plans, etc. Municipalities and cities can be assisted by the Department of the Interior and Local Government (DILG), various local government leagues, and their provincial governments in the formulation of the LCCAP and LDPs.

All of these local development plans shall be integrated and be used for the formulation of regional development plans (RDPs). In the formulation of the RDPs, multi-stakeholder participation - from regional offices of national government agencies, provincial chief executives, and civil society organizations - is employed. The regional offices of NEDA act as secretariat to the Regional Development Councils which are tasked to formulate their RDPs.

From the regional level, the NEDA regional offices shall transmit the RDPs to their national office - the NEDA Secretariat. The RDPs shall serve as inputs in the formulation of the MTPDP. The latter shall be approved by the NEDA Board whose chairman is the President of the Philippines.

Meanwhile, all LCCAPs shall also be transmitted directly to the CCC which shall integrate all of them and see to it that they are mainstreamed into the MTPDP.

The diagram above can also be used not only in mainstreaming of CC matters in the development plans but also in the implementation, and monitoring and evaluation of CC programs, plans, and projects.

Unfortunately, during the discussions in the MoI cluster, it was reported that the 2011-2016 MTPDP is being formulated without the benefit of the top-down and bottom-up approaches described above. Hence, there is lingering doubt that the MTPDP would really reflect the LDPs and RDPs of LGUs, and even the sectoral plans of national government agencies, to climate-proof the country's development.

*Note: The diagram and discussions benefitted from the contributions from the following government agencies, LGU umbrella organization, environmental NGOs, political parties, and an academic institutions, namely: Climate Change Commission, National Economic and Development Authority, Department of Budget and Management, Department of Environment and Natural Resources, Department of Foreign Affairs, Department of Transportation and Communication (government agencies); Union of Local Government Authorities, Rice Watch and Action Network, Conservation International, Philippine Clean Air Initiative (NGOs); University of the Philippines-National College of Public Administration and Governance (academe); and Partido Kalikasan, and 1-UTAK (political parties).

*Disclaimer: The author is solely responsible for this write-up. All agencies and organizations mentioned above should not be held liable.

(Next topic: Other suggestions from the MoI cluster presented to the CCC during the technical workshop).

GOOD NEWS: Pres. Aquino suspends approval of large-scale mining applications

By Delon Porcalla
The Philippine Star)
Updated February 05, 2011 12:00 AM

MANILA, Philippines - Malacañang announced yesterday that President Aquino has ordered Secretary Ramon Paje of the Department of Environment and Natural Resources (DENR) to suspend all large-scale mining applications while the government reviews pending and inactive mining claims this year.

“The instruction right now from his office is not to accept new applications of mining claims since January this year,” presidential spokesman Edwin Lacierda said, adding that there is now a ban on processing of mining claims.

“We believe that we need to enforce properly the mining regulations and mining laws. So that is what the DENR is doing, and will continue to do, to strictly monitor and strictly implement the mining regulations,” he said.

Lacierda noted that upon assumption to office, Paje promised that “he will clean the process of the mining claims.”

“There were 2,800 mining claims when he assumed office. Right now he has cancelled already 500 mining claims. He is also in the process of reviewing 500 more,” Lacierda added.

Lacierda said this has been one of the programs of Aquino even when he was still a senator.

The DENR has terminated more than 500 mining permits and applications that have remained inactive and incomplete in terms of requirements.

Mines and Geosciences Bureau records show that there are 2,180 mining applications presently pending in various regional offices.

Paje said the department’s regional offices have been given two deadlines – on Feb. 20 and December this year – to clear all pending and inactive mining applications for this year.

He said the clearing of “aging” mining applications is in line with the department’s anti-corruption program.

“We have to decide... what to do with all of these mining applications pending in our regional offices. Otherwise, the public will continue to perceive us as inefficient and corrupt,” Paje said.

Source: http://www.philstar.com/Article.aspx?articleId=654543&publicationSubCategoryId=63

COP16 approves the Cancun Accords: Documents include creation of a Green Fund

Following negotiations that ran through early Saturday morning, delegates at the 16th Conference of the Parties (COP16) in Cancun adopted by consensus the Cancun Accords, a series of documents that will provide the basis for efforts to confront climate change after the Kyoto Protocol expires.

The accords include a $30 billion-package for 2012 to aid nations taking immediate actions to halt effects of global warming, as well as financing for long-term projects to protect the environment through a Green Fund, which will provide $100 million annually for adaptation and mitigation measures.

Delegates also approved the creation of the forestry program Reducing Emissions from Deforestation and Forest Degradation (REDD+) to facilitate the flow of resources to communities dedicated to forest conservation.

The President Felipe Calderón congratulated representatives of nearly 200 countries and the Conference authorities, including Ambassador Patricia Espinosa Cantellano, who headed COP16/CMP6 activities throughout the two-week conference.

"You have broken that inertia (toward negativity) and have traded a feeling of collective failure for one that recovers hope in multilateralism,” President Calderón Hinojosa said after the Cancun Accords were approved.

Source: http://www.cc2010.mx/en/press-center/news/news-interviews_2010121153618.htm

Note: Mute the video above to listen to the video below.

GOOD NEWS: Aquino issues EO 23 on indefinite log ban

By Delon Porcalla
(The Philippine Star)
Updated February 04, 2011 12:00 AM

MANILA, Philippines - President Aquino yesterday declared an indefinite log ban all over the country.

Aquino issued Executive Order 23 implementing the indefinite log ban and creating an Anti-Illegal Logging Task Force to be headed by Environment and Natural Resources Secretary Ramon Paje.

Aquino authorized the release of P10 million as seed fund for the task force. The initial budget would be sourced from the Department of Budget and Management with additional funds to be cleared by the President.

Aquino tasked Interior Secretary Jesse Robredo, Defense Secretary Voltaire Gazmin, Philippine National Police chief Director General Raul Bacalzo and Armed Forces of the Philippines (AFP) chief Ricardo David to help the task force in implementing the indefinite log ban all over the country.

“The task force is mandated to take the lead in the anti-illegal logging campaign and ensure the implementation of this executive order under the supervision of the DENR. It shall also assist the DENR in the enforcement of other environmental laws,” the order read in part.

The moratorium shall remain in effect “unless lifted after the effectivity of this EO.”

EO 23, entitled “Declaring a moratorium on the cutting and harvesting of timber in the national and residual forests and creating the Anti-Illegal Logging Task Force,” was issued in light of widespread flooding and landslides in Mindanao, Eastern Visayas and Bicol where scores of people have died and were displaced.

The President earlier said illegal logging continues to be the main culprit of landslides in these areas that cause significant loss of life and damage to property.

Under the EO, the DENR would be restricted from issuing logging permits and contracts “in all natural and residual forests,” including renewing tree cutting permits in all forests all over the country.

The only exceptions to the log ban are those that involve the “clearing of road right of way, site preparation for tree plantations… provided that all logs derived from these permits shall be turned over to DENR for proper disposal.”

Cutting of trees that have been part of cultural activities of indigenous peoples “may be allowed only subject to strict compliance with existing guidelines of the DENR,” the EO stated.

The EO also tasked the DENR to prohibit the operation of sawmills, veneer plants and other wood processing plants “that are unable to present proof of sustainable sources of legally cut logs for a period of at least five years within one month from effectivity of this EO.”

The President also tasked other agencies to support the task force and assist in the discharge of its functions.

This support, as provided in the four-page executive order, is “not limited to the provision of administrative or technical assistance, logistical support and detail of personnel.”

The environmental activist group Kalikasan-People’s Network for the Environment led by Clemente Bautista Jr. said Aquino should immediately implement a total log ban.

“The people have suffered too much because of unabated logging and deforestation in the country,” Bautista said. – With Rhodina Villanueva

Source: http://www.philstar.com/Article.aspx?articleId=654254&publicationSubCategoryId=63

SAD NEWS: Scientists find ‘creeping effects’ of climate change in Philippine coastal areas

By Tarra Quismundo
Philippine Daily Inquirer
First Posted 01:16:00 02/04/2011

MANILA, Philippines—If the world worries about monster storms, floods and landslides, what the eyes don't usually see should concern them as much.
Top marine scientists from around the country have found indications of the "creeping effects" of climate change on marine life—a study aimed at shifting focus from changes in weather phenomena on land to those happening underwater.

Tagged ICE CREAM (Integrated Coastal Enhancement: Climate Research, Enhancement and Adaptive Management), the government-funded project has found rising water temperatures, coral bleaching and coastal erosion in several of its 28 project sites dotting the Philippine coastline.

The team shared its initial findings to the INQUIRER as it marked the start of its third year. The P98-million project, funded by the Department of Science and Technology (DoST), the World Wildlife Fund and Conservation International involves more than a dozen marine science experts from across the country and separate staff at project sites.

“Something that is not visible is much more difficult to understand. It (the sea) is much more prone to being dismissed as being “no, there's still a lot of fish,” said Wilfredo Campos, a marine biologist from the University of the Philippines-Visayas.
“You don't really see what's happening. You see that there are mudslides, you see what's happening in the forest, but at sea, you really don't know what's happening. You look at the sea and feel that it (resources) is still finite, when actually, it's not,” Campos told the INQUIRER on Thursday.

Much debate still surrounds climate change, its causes and effects, but Porfirio Aliño, marine biologist from the UP Marine Science Institute, would rather look the at the bottomline.

“The climate is always changing, how you see it in relation to whether it's going to be more frequent or accelerated. But the bottomline is how do we respond to it, given that if we don't do anything, it will become accelerated,” he said.

“One question is that, climate has changed in evolutionary time. But the point is, during evolutionary time, there were no people yet. Now, climate change has a big effect on people,” he said.

Based on initial findings, the DoST climate change project found a 3-percent rise in shallow water temperature off Lian, Batangas in April to May of last year—an increase not observed even in intense summers.

“By May, it spiked to 31 degrees Celsius, while the normal range is 27 degrees to 29 degrees. For water, that's very high,” said Maricar Samson, an environmental scientist from the De La Salle University.

Such warm waters caused coral bleaching, which endangered an ecosystem that could buffer vulnerable coastlines from storm surges, the team said.

“If you take care of the reef, it will be able to compensate with sea level rise. But if of course it is in poor condition, it will not be able to buffer, for example, the storm surge. The increase in sea level will reach the shore,” he said.
Such rate of temperature rise, if observed every 5 years, would leave only 1 percent of the current coral reef population, Samson said. The same rise, if seen every 10 years, would leave only 11 percent.

In Botolan, Zambales, scientists found out that the coastline has receded significantly from 1977 to 2003.

“This has a big impact on the coast . Now, we're trying to do some projections in some parts of the Philippines on what will happen on their coastal stability,” Samson said.

Another study under ICE CREAM found a decrease in the productivity of fish species in coastal areas by roughly 20 percent, a “very fast rate” observed within two decades said Aliño.

“If we don't take care of our coral reefs, mangroves, sea grass and other habitats, obviously, the decline will be fast, we cannot cope with climate change. The other thing is, we are not as conscious about it unfortunately,” he said, adding that waters surrounding the archipelago were almost seven times bigger than its land area.
The team hopes to use data to influence policy-makers and stakeholders at the local and national levels: local government units could draft ordinances for better coastal protection while communities could practice more responsible use of marine resources.

“In the absence of scientists on the ground, the program hopes to give people tools where people can formulate their own [climate-change adaptation programs],” Samson said.

“These are site-specific. It's not possible that the whole Philippines will sink ... There will be different scenarios for [different parts of the] Philippines,” she added.

Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20110204-318321/Scientists-find-creeping-effects-of-climate-change-in-Philippine-coastal-areas