Republic of the Philippines
HOUSE OF THE REPRESENTATIVES |
Quezon City 4

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1554

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

EXPLANATORY NOTE

The World Bank, citing multiple sources, reports that the Philippines ranks 8th among
countries most exposed to multiple hazards and ranks 13th at high economic risk to
natural events. Damages to the agriculture and infrastructure sectors alone reached
US$500 million in the past two decades, equivalent to 0.5 percent of the gross domestic
product (GDP). In 2009, the losses caused by the Typhoons Ondoy (Ketsana) and
Pepeng (Parma) amounted to some US$4.4 billion, or 2.7 percent of GDP

In 2013, super-typhoon Yolanda (Haiyan) hit Eastern Visayas and left thousands of
people dead, millions more homeless and without means of livelihood. The areas
devastated by Yolanda are still struggling to recover, even as more and stronger
typhoons are expected to hit in the years to come

Much of the losses from typhoons are brought by storm surges and strong winds
coming from the open ocean. in the age of global climate change, this has
unfortunately become the new normal. The poor coastal communities’ natural exposure
to storm surges and lack of resources for preparation and recovery make them most
vulnerable

An establishment of greenbelts of mangroves and beach forests along coasilines is a
proven green engineering intervention. As the Philippines’ 36,000 km coastline is
among the longest in the world, coastal greenbelts effectively mitigate the damaging
impacts of waves and storm surges. Some of the scientifically proven benefits are

= Wave height of wind and swell waves can be reduced by 13-66% over 100m of
mangroves;

* Storm surge attenuation of 5-50 cm. per kilometer width of mangroves;

+ Surface wind waves can be reduced by more than 75% over one kilometer of
mangroves; :

= 50% reduction in storm surges by a 7-km band of mangroves.

Furthermore, coastal forests can reduce the force, depth and velocity of a tsunami,
lessening damage to property and reducing loss of life.

Coastal greenbelts are also cost-effective for disaster preparedness in the long term
The total valuation of mangroves is estimated at US$14,000-16,000 per hectare, of
which about 80% is for coastal protection value. The cost of establishing coastal
greenbelts to protect against storm surge and tsunami would only be a fraction of the
damages that could be brought by the yearly battering of typhoons.


Establishing the National Coastal Greenbelt Program shall provide the agency
mandates, funding, and general guiding principles for implementing a science-based
and cost-effective program. The proposed National Greenbelt Program mandates
establishment of 100-meter protection zones, initially for the Eastern Pacific seaboard,
where typhoons make landfall. This Program can also reap added benefits. The
establishment of science-based coastal greenbelts is expected to protect biodiversity,
improve fisheries productivity, and enhance the tourism and livelihood potential of the
area. Transforming vulnerable coastal villages into highly resilient and sustainable
communities is a step towards a nation that caters to all, regardless of location

In view of the foregoing, the approval of this bill is earnestly sought.

YY S.CO



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1554

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

AN ACT ESTABLISHING THE NATIONAL COASTAL GREENBELT PROGRAM,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1.- Title.- This Act shall be known as the “National Coastal Greenbelt Act of

2016."

SECTION. 2. Declaration of Policies.- The State shall ensure the protection of the
rights of the people to a healthful and balanced ecology. Consistent with the Climate
Change Act of 2009 (R.A. No. 9729), as amended by R.A. No. 10174, the State shall
encourage the participation of the national government, local governments, businesses,
nongovernment organizations, local communities and the public to prevent and reduce
the adverse impacts of climate change. The State shall also recognize that climate
change and disaster risk reduction and management are closely interrelated. The State
shall incorporate a gender-sensitive, pro-children and pro-poor perspective in all plans
of disaster risk reduction and management. These principles shall be further integrated
into climate change programs and initiatives. Taking into account the effects of climate
change and the need to conserve and develop the conditions of our environment, the
State shall take appropriate measures to protect the lives and property of the people

from the impacts in coastal areas of typhoons, tsunamis and similar natural events

SECTION 3.- Definition of Terms.


a. Coastal greenbelts- a strip of natural or planted coastal vegetation, stretching at
least 100 meters in width from the sea towards land, primarily of mangrove and
beach forest species, which are designed to prevent coastal erosion, and
mitigate the adverse impacts of natural coastal hazards on human lives and
property.

b. Designated area for coastal greenbelts — site-specific stretch of vegetation in the
coastal zone, defined in relation to risk factors and vulnerability to coastal
hazards, and reserved for protection and maintenance under the National
Coastal Greenbelt Action Plan. The area may undergo rehabilitation,
reforestation or afforestation with locally appropriate species. Designated areas
with abandoned fishponds require the reversion of these fishponds to mangroves
through natural regeneration or replanting with locally appropriate species.
Designated areas with illegal structures (such as breakwaters, permanent
residential/commercial structures, and the like) require removal of such
structures.

c. National Coastal Greenbelt Action Plan (NCGAP)- the operational plan that shall
serve as the guide for the Local Greenbelt Action Plan (LCGAP). It shall contain
the implementing guidelines on how to go about Section 4 of this Act.

d. Local Coastal Greenbelt Action Plan (LCGAP)- the local action plan shall be
based on the NCGAP. It shall contain the specific goals and targets for the

implementation of the program set in the NCGAP

SECTION 4.- National Coastal Greenbelt Action Plan (NCGAP). The Climate
Change Commission shall, within six (6) months, itientify and convene all national
agencies responsible for foreshore management, mangrove and beach forest protection
and utilization, coastal land and sea-use planning, coastal tourism development, social
welfare of coastal communities, and other relevant mandates, to prepare an integrated

National Coastal Greenbelt Action Plan (NCGAP).


The NCGAP shall, at the minimum, contain the following:

a. Spatial representation, or if feasible, quick/rapid inventory of the status of
coastlines and foreshores, including the status of mangroves, beach forests,
settlements, structures and fishponds within 100 meters therein;

b. Assessment of priority areas to be declared as coastal greenbelts, for each
coastal province, city and municipality, to protect by means of mangroves and
beach forests, based on vulnerability to storm surges, waves, tsunami and the
like. The Action Plan shall indicate that the assessment of priority areas shall
be completed within twelve (12) months from the adoption of the NCGAP;

c. Designation of priority areas for coastal greenbelts that are already included as
either a protected area under the National Integrated Protected Areas System
(R.A. No. 7586), or as a fish refuge or sanctuary under the Fisheries Code of
1998 (R.A. No. 8550), or as a local marine protected area as may be declared
by municipalities and cities through ordinances. The designation shall be
completed within six (6) months from the completion of the assessment
Designation shall also be done through a proposal to the appropriate agency,
municipality or city as may be deemed necessary. If an area is designated as
a priority area, no structure shall be allowed in said area unless it is approved
by the DENR or BFAR, as may be appropriate;

d. Operational Plan for the rehabilitation, reforestation or afforestation of designated
priority coastal greenbelts with ecologically appropriate mangrove and beach
forest species, not less than one hundred (100) meters in width. Existing
forests or plantations greater than the minimum width shall not be reduced.
The program for rehabilitation, reforestation or afforestation shall be
community-based, long-term and implemented through the municipality or city
government. The Operational Plan shall indicate that the program for
rehabilitation, reforestation and afforestation must cover a minimum target

area of twenty percent (20%) of the designated priority areas in the first five


(5) years for maximum protection of the most vulnerable communities in the
city or municipality. The remaining priority areas must be completed within ten
(10) years the designation of the priority area;

e. Operational Plan for the reversion of all abandoned fishponds to mangroves
through natural regeneration or replanting with locally appropriate species
The NCGAP shall indicate that the identification and recovery of possession
from delinquent fishpond lease agreement holders shall be completed within
twelve (12) months from the adoption thereof. All fishpond areas to be
reverted to mangroves shall form part of the minimum target for the first year
of implementation of the Action Plan;

f. Operational Plan for the removal of illegal structures (such as breakwaters,
permanent residential/commercial structures, and the like), in the identified
priority coastal greenbelts. The NCGAP shall indicate that the declaration of
and notice to persons responsible for removal of illegal structures shall be
completed within twelve (12) months from the adoption thereof. The removal
of illegal structures in and start of rehabilitation, reforestation or afforestation
of these areas shall form part of the minimum target for the first year of
implementation of the Action Plan;

g. Monitoring and evaluation plan, with quantitative and qualitative targets
consistent with (d), (e) and (f) above, appropriate indicators and reasonable
means of verification. The plan shall become an integrated part of the Action

Plan and Annual Report to Congress

The Climate Change Commission (CCC) shall be responsible for consolidating the

NCGAP not later than twelve (12) months from the date this Act takes effect

SECTION 5.- Key Implementing Agencies. The following agencies shall take the lead
in implementing components of the Program and Action Plan that are relevant to their

mandates:


a. The Climate Change Commission (CCC) shall be responsible for the
congregation of relevant government agencies, facilitation of public
participation in the preparation of the NCGAP, integration of the NCGAP into
the Local Action Plans including the power of approving putting up necessary
structures in the Designated Areas, and the preparation of the integrated
report to Congress especially with regard to the expenditure of the
appropriation and other pertinent matters under Section 8 of this Act,

b. The Department of Environment and Natural Resources (DENR), through, its
relevant offices, shall be responsible for (a) (b), (c), (d), (e) and (f) of Section
4 of this Act in line with existing laws and mandates, and it shall provide the
CCC all relevant information to aid in the monitoring and evaluation of the
NCGAP. In particular, the DENR shall identify the Designated Areas that will
need to be expropriated by the government and to recommend the
expropriation plan to the CCC;

c. The Bureau of Fisheries and Aquatic Resources (BFAR) of the Department of
Agriculture (DA) shall coordinate with the DENR for (e) in Section 4 above or
the Operational Plan that provides for the reversion of all abandoned
fishponds to mangroves through natural regeneration or replanting with locally
appropriate species in line with existing laws and mandates, and it shall
provide the CCC all relevant information to aid in the monitoring and
evaluation of the NCGAP;

d. The Department of interior and Local Governments (DILG) through its relevant
offices, shall provide technical guidance for provinces, cities and
municipalities to develop Local Coastal Greenbelt Action Plans, design and
implement community-based and ecologically appropriate rehabilitation,
reforestation and afforestation programs, and monitor and evaluate their
programs. In particular, the Local Inter Agency Committee (LIAC) shall

coordinate with the Local Government Unit in implementing the action plans.


In addition, the National Housing Authority (NHA) shall provide appropriation for the
relocation of the families or individuals who will be affected by the Designated Areas.
The other agencies that participated in the preparation of the Action Plan shall
implement their commitments, as provided therein. The actions required of
implementing agencies are immediately executable, based on the agreed National
Coastal Greenbelt Action Plan, and on their existing mandates, programs and budgets
that are aligned with the Action Plan, without need for formulating implementing

guidelines, rules and regulations for this Act.

SECTION 6.- National Technical Advisory Committee. The Climate Change
Commission shall convene a National Technical Advisory Committee (NTAC)

composed of

a. A technical representative from the Climate Change Commission (CCC)

b. A technical representative from the Department of Environment and Natural
Resources (DENR)

c. A technical representatives from the Bureau of Fisheries and Aquatic Resources
(BFAR)

Two (2) known experts in mangrove and beach forest ecosystems,
oceanography or other related disciplines

eA representative from a non-government organization or a people's organization
that demonstrates capacity to promote the public interest and with identifiable
leadership, membership and structure that has been actively involved in
mangrove research and has produced actual publication in mangrove
research as among the criteria that shall be set by the DENR, BFAR and

CCC.

The National Technical Advisory Committee shall provide scientific guidance in the

design, implementation and evaluation of actions under the NCGAP. The experts shall


serve in the Committee without compensation, but may be reimbursed for basic

expenses to attend meetings and prepare technical reports.

SECTION 7.- Local Coastal Greenbelt Action Plan. Each coastal municipality and city
in the identified priority coastal greenbelt areas in the Action Pian shall prepare a Local
Coastal Greenbelt Action Plan (LCGAP) to facilitate the implementation of mandated
actions in the NCGAP. The roles of the municipality or city, as provided in the local

LCGAP shall be to:

a. Facilitate the implementation of the mandates of the national agencies under
Section 4, by providing local data and other supporting measures;

b. Implement complementary programs to assist local communities and local
businesses that are affected by the actions under Section 4, such as
relocation sites with basic services such as livelihood and transportation
programs, zoning or 1e-zoning of the priority coastal greenbelt areas, as
appropriate, and the like:

c¢. Provide the actual inventory of affected families in Designated Areas and to
ensure that a just and humane process of relocation is done;

d. Lead in the actual implementation of rehabilitation, reforestation and
afforestation, through the coastal barangays;

€ Integrate the identified coastal greenbelts in the Comprehensive Land-Use Plan;

f. Provide data and qualitative feedback to the Key Implementing Agencies, as may

be relevant

‘The provincial government shall provide technical and budgetary support to component
coastal cities and municipalities, and ensure consistency across contiguous cities and

municipalities sharing a common priority coastal greenbelt area

SECTION 8. Enforcement Actions.-


a) In addition to the penalties provided under existing law, any person who
obstructs the DENR in the removal of illegal structures, or BFAR in the
process of reversion of abandoned fishponds, shalll be liable to that agency
for an administrative fine of fifty thousand pesos (P50,000) per day that the
agency is prevented from performing its function

b) No structures shall be built within the identified coastal greenbelts without a
permit from DENR or BFAR, consistent with their mandates. Any person who
violates this prohibition shall be liable to the agency for an administrative fine
of fifty thousand pesos (P50,000) per day from the time the structure was built
until its removal.

©) Proceeds from administrative fines under this Section shall be retained by the
agency imposing such fines and used exclusively for the implementation of its
mandate under this Act

d) Legal actions filed in the exercise of rights and enforcement of obligations under

this Act shall be covered by the Rules of Procedure for Environmental Cases.

SECTION 9. Appropriations.- The Key Implementing Agencies shall draw from their
existing programs and budgets to implement their responsibilities under the Action Plan,
and through the People’s Survival Fund, where appropriate, subject to additional
funding in the annual national appropriations, to meet the targets agreed in the Action

Plan.

SECTION 10..Annual Report to Congress.- The Key Implementing Agencies shall
report to Congress on their progress in meeting the quantitative and qualitative targets
under the Action Pian for each fiscal year. The reports shall be consolidated by the
Climate Change Commission for presentation to the appropriate Committee in

Congress at a meeting called for the purpose.