SIAKwAL RE

9
10
ll

12

Republic of the Philippines

House of Representativ
Quezon City

SIXTEENTH CONGRESS

First Regular Session

9
HOUSE BILL NO. 2862

Introduced by Honorable Anthony M. Bravo and Honorable
Cresente C. Paez

EXPLANATORY NOTE

The Constitution, Article 2, Section 16 mandates that 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, In Section 20 of the same article, the Constitution likewise mandates
that the State recognizes the indispensable role of the private sector, encourages private

enterprise and provides incentives to needed investments

Greenhouse gases like carbon dioxide have been proven by scientists around the
world to cause global warming. Despite this scientific fact, very few initiatives have been
undertaken by the public and private sectors to develop and apply technologies that would

reduce the emission of these substances.

This bill seeks to promote research to develop technologies applicable to various

industries that would lessen their adverse effect to the environment by minimizing the

emission of the greenhouse gases

a>

Gast EC, PAEZ

HO}



Republic of the Philippines

House of Representatives
Quezon City

First Regular Session

2)
HOUSE BILL No.2862

1
2
3
4
5
6 SIXTEENTH CONGRESS
7
8
9
0
1

Introduced by Honorable Anthony M. Bravo and Honorable
12 Cresente C. Paez

AN ACT
DEVELOPMENT, DEMONSTRATION, AND
CHNOLOGY FOR USE IN REMOVING GREENHOUSE
16 GASES FROM THE ATMOSPHERE AND CREATING A GREENHOUSE GAS
7 EMISSION ATMOSPHERIC REMOVAL COMMISSION

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Is SECTION 1, Short Title, ~ This Act shall be known as the “Greenhouse Gas Emission
19Atmospheric Removal Act,”
20 SECTION 2, Declaration of Policy. - The Constitution, Article 2, Section 16 mandates

2\that the State shall protect and advance the

it of the people to a balanced and healthful
22ecology in accord with the rhythm and harmony of nature, In Article 2, Section 20, the
23Constitution likewise mandates that the State recognizes the indispensable role of the private
24sector, encourages private enterprise and provides incentives to needed investments, Taking into
2Saccount these mandates the State shall provide incentives to public and private entities who

26develop and apply technologies to protect the environment.

27 SECTION 3. Definition of Terms. -For purposes of this Act, the term:

28 (A) “Commission” means the Greenhouse Gas Emission Atmospheric Removal
29 Commission established by Section 5;

30 (B) “Greenhouse gas” means-

31 (1) carbon dioxide;

32 (2) methane;

33 (3) nitrous oxide;

34 (4) sulfur hexafluoride;


1 (5) hydrofluorocarbon;

2 (6) perfluorocarbon; and
3 (7) any other gas that the Commission determines is necessary to achieve the
4 purposes of this Act,

5 (C) “Intellectual Property” means--

6 (1) an invention that is patentable under the Intellectual Property Code; and

7 (2) any patent on an invention described in subparagraph (1),

8 (D) “Secretary” means the Secretary of Energy,

9 SECTION 4, Greenhouse Gas Emission Atmospheric Removal Program. ~ The

10Seeretary, acting through the Commission, shall provide to public and private entities, on a
llcompetitive basis, financial awards for the achievement of milestones in developing and
12applying technology that could significantly slow or reverse the accumulation of greenhouse

13gases in the atmosphere by permanently capturing or sequestrating those gases without

L4significant countervailing harmful effect

15 3CTION 5. Greenhouse Gas Emission Atmospheric Removal Commission. ~ There

16shall be established a committee, within the Department of Energy a commission to be known as
17the “Greenhouse Gas Emission Atmospheric Removal Commission”.

18 SECTION 6. Composition, - The Commission shall be composed of eleven (11) members
19appointed by the President, by and with the advice and consent of the Senate, who shall provide

20expertise in-~

ai (A) Climate Science;
2 (B) Physics;

23 (C) Chemistry;

24 (D) Biology:

25 (E) Engineering:

26 (F) Economics;

21 (G) Business Management; and

28 (H) such other disciplines as the Commission determines to be necessary to achieve the

29 purposes of this Act.


1 The Commission shall select a Chairperson and Vice Chairperson from among the
2members of the Commission.
3 SECTION 7. Meetings. - Not later than 30 days after the date on which all members of

4the Commission have been appointed, the Commission shall hold the initial meeting of the

5Commission,
6 The Commission shall thereafter meet at the call of the Chairperson.
ie SECTION 8. Term. - A member of the Commission shall serve for a term of 6 years. Any

8vacancy in the membership of the Committee shall not affect the powers of the Commission and
shall be filled in the same manner as the original appointment
10 Any member of the Committee may be removed for cause in accordance with procedures

established by the Committee

12 SECTION 9. Duties. “The Commission shall
13 (A) subject to Section 10, develop specific requirements for--

14 (1) the competition process;

15 (2) minimum performance standards;

16 (3) monitoring and verification procedures; and

7 (4) the scale of awards for each milestone identified under paragraph (3);

18 (B) establish minimum levels for the capture or net sequestration of greenhouse gases
19 that are required to be achieved by a public or private entity to qualify for a financial
20 award described in paragraph (C);

21 (C) in coordination with the Secretary, offer those financial awards to public and private
22 entities that demonstrate--

23 (1) a design document for a successful technology;

24 (2) a bench scale demonstration of a technology;

25 (3) technology described in subparagraph (A) that--

26 (i) is operational at demonstration scale; and

27 (ii) achieves significant greenhouse gas reductions, and

28 (4) operation of technology on a commercially viable scale that meets the
29 minimum levels described in paragraph (B); and

30 (D) submit to Congress--


1 (1) an annual report that describes the progress made by the Commission and

2 recipients of financial awards under this section in achieving the demonstration
3 goals established under paragraph (C); and

4 (2) not later than one (1) year after the date of enactment of this Act, a report that
5 describes the levels of funding that are necessary to achieve the purposes of this
6 Act.

2 SECTION 10. Public Participation. - In carrying out Section 9 (A), the Commission
8shall:

9 (A) provide notice of and, for a period of at least sixty (60) days, an opportunity for

lOpublic comment on, any draft or proposed version of the requirements described in Section 9(A);

land

12 (B) take into account public comments received in developing the final version of those
13requirements,

14 SECTION 11. Peer Review, - No financial award may be provided under this Act until

1Ssuch time as the proposal for which the award is sought has been peer reviewed in accordance
16with such standards for peer review as the Commission shall establish

7 SECTION 12, Intellectual Property Considerations. - Title to any intellectual property
I8arising from a financial award provided under this Act shall vest in one (1) or more entities that

19are incorporated in the Philippines

20 (A) Reservation of License - The Republic of the Philippines
21 (1) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to
22 have practiced for or on behalf of the Republic of the Philippines, in connection
23 with any intellectual property as described in this section; but

24 (2) shall not, in the exercise of a license reserved under subparagraph (1), publicly
25 disclose proprietary information relating to the license

26 (B) Transfer of Title - Title to any intellectual property described in this section shall not
27 be transferred or passed, except to an entity that is incorporated in the Republic of the
28 Philippines, until the expiration of the first patent obtained in connection with the

29 intellectual property.


1 SECTION 13. Termination of Authority. - The Commission and all authority of the
2Commission provided under this Act terminate ten (10) years after its effectivity,

3 SECTION 14, Appropriation, - To carry out the provisions of this Act, such amount as
hereby necessary is hereby authorized to be appropriated from the National Treasury. Thereafter,
Sthe amount necessary for the continuation of the program shall be included in the annual
Gappropriation of the Department of Energy

1 SECTION 15. Separability Clause. - If any provision or part hereof, is held invalid or
Sunconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting

10 SE

TION 16. Repealing Clause. - Any law, presidential decree or issuance, executive
llorder, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent
12with the provision of this Act is hereby repealed, modified, or amended accordingly

13 SEt

TION 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
L4publication in at least two (2) newspapers of general circulation

Approved,