HOUSI. °F REPRESENTATIVES
RECEIVED

SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

pave:_17 AUG 2016

BY:

HOUSE OF REPRESENTATIVES

Introduced by Representative Harry L. Roque Jr

AN ACT
TO FACILITATE THE DEVELOPMENT, DEMONSTRATION, AND
IMPLEMENTATION OF TECHNOLOGY FOR USE IN REMOVING GREENHOUSE
GASES FROM THE ATMOSPHERE AND CREATING A GREENHOUSE GAS.
EMISSION ATMOSPHERIC REMOVAL COMMITTEE

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

Vibe

HARRY L. ROQUE JR.

emission of the greenhouse gases.'

' This bill was originally filed in the Fourteenth Congress, First Regular Session, and refiled in
the Fifteenth Congress, First Regular Session, and refiled by Senator Miriam Defensor Santiago in the Sixteenth
Congress, Third Regular Session.



SEVENTEENTH CONGRESS OF THE REPUBLIC_)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B. No, 3042

Introduced by Representative Harry L. Roque Jr.

AN ACT
TO FACILITATE THE DEVELOPMENT, DEMONSTRATION, AND
IMPLEMENTATION OF TECHNOLOGY FOR USE IN REMOVING GREENHOUSE
GASES FROM THE ATMOSPHERE AND CREATING A GREENHOUSE GAS
EMISSION ATMOSPHERIC REMOVAL COMMITTEE

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Greenhouse Gas

Emission Atmospheric Removal Act.”

SECTION 2. Declaration of Policy. — 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 Article 2, Section
20, the Constitution likewise mandates that the State recognizes the indispensable role of
the private sector, encourages private enterprise and provides incentives to needed
investments. Taking into account these mandates the State shall provide incentives to
public and private entities who develop and apply technologies to protect the

environment.

SECTION 3. Definition of Terms. — For purposes of this Act, the term

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(A) “Committee” means the Greenhouse Gas Emission Atmospheric Removal
Committee established by Section 5;
(B) “Greenhouse gas” means:
(1) carbon dioxide;
(2) methane;
(3) nitrous oxide;
(4) sulfur hexafluoride;
(5) hydrofluorocarbon;
(6) perfluorocarbon; and
(7) any other gas that the Committee determines is necessary to achieve the
purposes of this Act.
(C) “Intellectual Property” means:
(1) an invention that is patentable under the Intellectual Property Code; and
(2) any patent on an invention described in subparagraph (1),

(D) “Secretary” means the Secretary of Energy.

SECTION 4. Greenhouse Gas Emission Atmospheric Removal Program. ~ The
Secretary, acting through the Committee, shall provide to public and private entities, on a
competitive basis, financial awards for the achievement of milestones in developing and
applying technology that could significantly slow or reverse the accumulation of
greenhouse gases in the atmosphere by permanently capturing or sequestrating those

gases without significant countervailing harmful effects.


SECTION 5. Greenhouse Gas Emission Atmospheric Removal Committee. —
‘There shall be established a committee, within the Department of Energy, to be known as

the “Greenhouse Gas Emission Atmospheric Removal Committee”.

SECTION 6. Composition. ~ The Committee shall be composed of eleven (11)
members appointed by the President who shall provide expertise in

(A) Climate Science;

(B) Physics;

(C) Chemistry;

(D) Biology;

(E) Engineering;

(F) Economies;

(G) Business Management; and

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

the purposes of this Act

The Committee shall select a chairperson and vice-chairperson from among the

members of the Committee.

SECTION 7. Meetings. — Not later than 30 days after the date on which all
members of the Committee have been appointed, the Committee shall hold its initial
meeting.

The Committee shall thereafter meet at the call of the chairperson.

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SECTION 8. Term. — A member of the Committee shall serve for a term of six
years. Any vacancy in the membership of the Committee shall not affect its powers and
shall be filled in the same manner as the original appointment.

Any member of the Committee may be removed for cause in accordance with

procedures established by the Committee.

SECTION 9. Duties. ~ The Committee shall
(A) subject to Section 10, develop specific requirements for:
(1) the competition process;
(2) minimum performance standards;
(3) monitoring and verification procedures; and
(4) the scale of awards for each milestone;
(B) establish minimum levels for the capture or net sequestration of greenhouse
gases that are required to be achieved by a public or private entity to qualify for a
financial award described in paragraph (C);
(C) in coordination with the Secretary, offer those financial awards to public and
private entities that demonstrate:
(1) a design document for a successful technology;
(2)a bench scale demonstration of a technology;
(3) technology described in subparagraph (A) that--
(i) is operational at demonstration scale; and

(ii) achieves significant greenhouse gas reductions; and

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(4) operation of technology on a commercially viable scale that meets the
minimum levels described in paragraph (B); and
(D) submit to Congress:

(1) an annual report that describes the progress made by the Committee and
recipients of financial awards under this Act in achieving the demonstration goals
established under paragraph (C); and

(2) not later than one year after the date of effectivity of this Act, a report
that describes the levels of funding that are necessary to achieve the purposes of

this Act.

SECTION 10. Public Participation. — In carrying out Section 9 (A), the
Committee shall:

(A) provide notice of and, for a period of at least 60 days, an opportunity for
public comment on, any draft or proposed version of the requirements described in
Section 9 (A); and

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

SECTION 11. Peer Review. — No financial award may be provided under this Act
until such time as the proposal for which the award is sought has been peer reviewed in

accordance with such standards for peer review as the Committee shall establish.


SECTION 12. Intellectual Property Considerations. — Title to any intellectual
property arising from a financial award provided under this Act shall vest in one or more
entities that are incorporated in the Philippines.

(A) Reservation of License - The Republic of the Philippines

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

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

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

intellectual property.

SECTION 13. Termination of Authority. — The Committee and all its authority

provided under this Act shall be terminated ten years after its effectivity.

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, the amount necessary for the continuation of the program shall be

included in the annual appropriation of the Department of Energy.


SECTION 15. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other

provisions hereof.

SECTION 16. Repealing Clause, ~ All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly

SECTION 17. Effectivity Clause, ~ This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,