Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First. Regular Session

i 4521
HOUSE BILL NO.

Introduced by Honorable Divina Grace C. Yu

EXPLANATORY NOTE

This bill seeks to establish the Nationwide Operational Assessment of
Hazards (NOAH) Center, defining its powers and functions and
appropriating funds for its operation.

The Philippines is a hotbed of disasters because the country is a locus
of typhoons, storm surges, tsunamis, earthquakes, landslides and volcanic
eruptions. Natural hazards have inflicted thousands of deaths and billions of
pesos as cost of damage to property in recent years. In the 2012 World Risk
Report, the Philippines ranked third out of 173 countries in terms of disaster
risk.

In July 2012, the Department of Science and Technology launched
Project NOAH, a multi-billion program for disaster prevention and
mitigation, With Project. NOAH’s technical assistance, government
agencies, especially the National Disaster Risk Reduction and Management
Council (NDRRMC) through its Pre-Disaster Risk Assessment (PDRA)
system, are now able to provide hours in advance lead-time warning to
vulnerable communities against impending floods and multi-scenario maps
for flood, landslide and storm surge hazards for probabilistic risk
assessment,

Project NOAH has proven to be effective in contributing to d
prevention and mitigation, In August 2012 and 2013, Marikina officials
credited Project NOAH for the zero casualty rate when Habagat events



inundated the metropolis. More recently, the CNN cited Project NOAH as
an invaluable resource as it provided advance warnings when Typhoon
Glenda hit the country in July 2014. Since its launch in July 2012, Project
NOAH has been instrumental in averting at least 15 potential disasters that
saved countless lives because of hazards-specific, area-focused and time-
bound information provided to NDRRMC, who in turn gave early-warning
to affected communities

Currently, Project NOAH remains a project-based initiative of DOST
with no guarantee of funding in the future. Many researchers and technical
people who have worked with Project NOAH since inception have already
gained valuable experience and skills which are essential for future disaster
prevention work. Sadly, many of these technical personnel have gone
abroad for greener pasture. Thus, the present technical manpower
composed of scientists, engineers, social scientists and communication
experts, as well as resources and organization are inadequate to cope with
the demand for highly trained specialists in disaster science. With this in
mind, there is a need to provide adequate support to NOAH so that its
present operations and programs for the continuation of their life-saving
operations and the development of qualified technical manpower and
research on disaster science can be strengthened, improved, and expanded.
Likewise, there is a need to institutionalize the NOAH Program to sustain
and further advance climate change adaptation strategies and disaster
management in the country.

Under the proposed measure, the Project NOAH is reorganized as the
Nationwide Operational Assessment of Hazards (NOAH) Center with a
permanent office under the Office of the President. Adopting the principles
and methods of Project NOAH, the NOAH Center will provide assistance
and assessment on disaster prevention and mitigation, specifically for the
agencies of the government, to be able to provide timely, reliable and
readily accessible data and information to vulnerable communities as basis
for their action against impending floods, typhoons and other natural
hazards.

Also, NOAH Center is envisioned to provide a venue for continuing,
studies and research in disaster science as there are always new lessons to
be learned from disasters, new technologies invented and updates in the
understanding of natural hazards phenomena, The NOAH Center will bring
together scientists from different fields and will focus on research and
development to enhance the country’s Climate Change Adaptation and
Disaster Risk Reduction (CCA-DRR) efforts, consistent with the provisions
stated in the Climate Change Act of 2009 (RA 9728), the Disaster Risk



Reduction and Management Act of 2010 (RA 10121), and the Sendai
Framework,

In view of the foregoing, p

ge of thi bill is eamestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session
4521

HOUSE BILL NO.

Introduced by Honorable Divina Grace C. Yu

AN ACT
ESTABLISHING THE NATIONWIDE OPERATIONAL
ASSESSMENT OF HAZARDS (NOAH) CENTER TO
STRENGTHEN DISASTER PREVENTION AND MITIGATION
PROGRAM AND APPROPRIATING FUNDS THEREFOR

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 “NOAH
Center Act.”

SEC. 2. Declaration of Policy. ~ The

e recognizes that a
responsive program for disaster prevention and mitigation system is
essential for the safety and protection of the people against climate change
impacts and natural hazards. Towards this end, the State establishes a center

for national operational assessment of hazards which shall provide

assistance to climate change adaptation and disaster prevention and

mitigation efforts, and advance timely, reliable and readily accessible data


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to empower vulnerable communities with information as basis for their
action against impending floods, typhoons and other natural hazards.

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. 3. Nationwide Operational Assessment of Hazards Center.
‘The Nationwide Operational Assessment of Hazards Project, established
through Department of Science and Technology Special Order No. 595,

Series of 2012, which provides locally-developed weather sens

rs and high-
resolution 3D mapping technology for hazards identification, is hereby
established as the Nationwide Operational Assessment of Hazards (NOAH)
Center, hereinafter referred to as the NOAH Center, to improve climate
change adaptation and disaster risk reduction capabilities of the country.

The NOAH Center shall be attached to the Office of the President
and will have its principal office at the University of the Philippines (UP),
Diliman Campus in Quezon City by virtue of the current NOAH program
being mainly implemented in U.P. Diliman. It may establish other offices
elsewhere in the Philippines as may be necessary or proper for the
accomplishment of its purposes and objectives of policy formulation,
scientific research and program coordination.

SEC. 4. Objectives. — The objectives of the NOAH Center are as
follows:

a) Assist the people and the communities throughout the country
in climate change adaptation and disaster risk reduction by providing

timely, reliable and readily accessible data and information such as hazard


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and risk maps as a bas

for action against possible disasters that may occur

from floods, typhoons and other natural hazards;

b)

courage private professionals and organizations to assist and

take increasing responsibility in preventing and mitigating disasters by

providing to them the nece: istan

ry incentives and

c) Support disaster risk reduction and management and climate
change adaptation efforts, and encourage public and private sector
cooperation and partnership in the prevention and mitigation of disasters;
and

d) — Establish and sustain a national scientific research center for
disaster risk reduction to generate science-based information, models and
applications useful for disaster risk reduction and management, climate
change adaptation, resource management, water conservation and planning,
land use planning, urban development and engineering designs.

SEC. 5. Powers and Functions. — The NOAH Center

exercise the following powers and functions:

a) Advise the Office of the President, the National Disaster Risk
Reduction Management Council and other agencies on matters related to
natural hazards and climate change risks for disaster risk reduction and
management at all levels of society;

b) — Undertake, promote and support research activities or studies

on natural hazards and climate change risks aimed at preventing and


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mitigating risks from disasters that may occur from floods, typhoons and
other natural hazards using frontier science and advanced technology;

©) Develop and maintain data bases and other science-based
information on natural hazards and climate change risks that is useful for

disaster risk reduction and management, climate change adaptation,

resource management, water conservation and planning, land use planning,
urban development, and engineering designs;

d) — Generate and strengthen the library of geo-hazard maps and
related materials, laboratory, remote sensing, and other facilities, teaching
and research capabilities of public or private institutions and foundations of
like or similar objectives, alone or in conjunction with others;

e) — Create, establish and distribute or cause to be published or
distributed without profit, flood, landslide, storm surge hazard and risk
maps, books, information, case studies, or data on climate change, including
rainfall and water level data, disaster risk reduction and management, and
other related subjects as a result of studies, researches or projects made
thereon;

a) Make data generated by the NOAH Center conform to the
guidelines set in the Department of Science and Technology Data Sharing
Policy as provided under DOST Administrative Order No. 003, Series of

2015;

2) Assist public and private educational institutions in

formulating curricular offerings and instructional materials to support the
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training and education of future disaster scientists and acquiring equipment
related to natural hazards and climate change for disaster risk reduction and
management;

h) — Conduct or support training programs, seminars, conferences,
and other continuing education courses on disaster risk reduction and

management throughout the nation as neede:

i) Conduct local and international conferences or symposia in
coordination with other private and public institutions on problems and
solutions related to weather, climate change and disasters;

j) Promote greater public awareness of natural hazards and
climate change. disasters, risk reduction and management as well as
acquisition of knowledge and methods underlying the same;

k) Obtain the services of scientists and technical personnel of
local and international agencies to accomplish its objectives and to pay such
personne! compensation that is competitive locally or internationally;

) Fix charges for its services as the Governing Board may deem
proper, Such fees and charges, including government support and other
income generated by the NOAH Center, shall constitute special trust fund
and shall be deposited in an authorized government depository bank. Any
and all interest that shall accrue therefrom shall form part of the trust fund
for use of the NOAH Center.

All incomes generated by the NOAH Center shall, upon their

tion
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collection, be retained by the NOAH Center and disbursed at the dis


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of the Governing Board for expenses necessary for the attainment of its
purposes;
If the NOAH Center, for reasons beyond its control, shall not be able

to pursue any project for which funds have been appropriated and allocated

under its program of expenditures, the Governing Board may authorize the
use of the said fund for any reasonable purpose for which it deems
necessary and urgent for the attainment of the objectives of the NOAH
Center;

m) Receive gifts and donations of real and personal property of all
kinds and to administer and dispose of the same when necessary for the
benefit of the NOAH Center and subject to the instructions of the donor, if
any;

n) Create and invest endowment funds to enable it to have the
funds and earnings with which to compensate its operating management
and personnel and to enable it to finance activities, programs and projects

related to disaster risk reduction and management that it may promote,

organiz

or implement;
0) Receive and appropriate all sums as may be provided by law to
carry out the purposes and functions of the NOAH Center;

p) Authorize the construction, maintenance or repair of buildings,

machinery, equipment and other facilities, and the purchase and acquisition
of real and personal properties, including necessary supplies, materials and

equipment;


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q) _ Give or administer grants and donations of cash, property or
service in support of research and dissemination activities related to

weather, climate change, and disaster risk reduction and management:

t) Undertake its activi in collaboration with other local and

international agencies and public or private agencies which shall be covered
by a memorandum of agreement stating the roles and contributions of all
parties concerned:

s) Establish linkages with international organizations involved in
activities related to generating science-based information on weather and
climate change for disaster risk reduction and management;

t) Enter into any lawful agreement, or any reciprocal concession
or cooperation contract or other arrangements that may redound to the
attainment or enhancement of its objectives and purposes; and

u) Undertake such other activities and functions as may be
directed by the Office of the President from time to time to carry out the
objectives of this Act.

SEC.6. Governing Board. — The plans and programs of the
NOAH Center shall be reviewed and approved by the Governing Board
which is composed of the following:

a) Vice-Chairman of the Climate Change Commission, as

Chairperson;

b) — Undersecretary of the National Disaster Risk Reduction and

Management Council; as Vice-chairperson;


1 ©) Secretary of the Department of Science and Technology;

2 d) President of the University of the Philippines;
3 e) Executive Director, NOAH Center, as members; and

4 f) Two (2) representatives from the private or educational
5 sectors.

6 ‘The representatives from the private or educational sectors shall be

7 appointed by the President of the Philippines upon recommendation by the
8 Chairperson of the Governing Board. They shall serve for a term of two (2)

9 years and are eligible for reappointment: Provided, however, that they shall

10 not be reappointed for more than three (3) terms.

i In case of vacancy by reason of death, resignation, removal for cause
12 or incapacity of the representatives from the private or public sector. the
13. successors shall hold office only for the unexpired portion of the term.

14 SEC. 7. Powers and Functions of the Governing Board. — The

15. Board shall exercise the following powers and functions:
16 a) Formulate, review and approve the plans, policies, programs
17 and projects for the development of the NOAH Center;

Is b) Review, recommend and approve the annual budget of the
19 NOAH Center;

20 ©) Review and approve the organizational structure and staffing
21 pattern of the NOAH Center;

2 d) Review and approve the compensation or salaries of personnel

23 and consultants of the NOAH Center;


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©) Review, recommend and approve the policies and internal
rules and procedures of the NOAH Center;
f) Review and approve contracts, memorandum of agreements

and other agreements of the NOAH Center;

g) valuate the implementation, efficiency and effectiveness of the

programs and projects of the NOAH Center; and
h) — Promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the NOAH Center.
SEC. 8. Executive Director.— The President of the Philippines
shall appoint, upon the recommendation of the Governing Board, an
Executive Director who shall render full time service as the chief executive
officer of the NOAH Center. The appointed Executive Director should be a
highly qualified professional, with an esteemed international reputation in
the field of climate change adaptation and disaster risk reduction (CCA-
DRR) and experienced in the operations of Project NOAH. The appointed
Executive Director shall have a term of six (6) years.
of v

In ci ney by reason of death, compulsory retirement,

resignation, removal for cause or incapacity of the Executive Director to

perform the functions of the office, the Governing Board shall designate an

offic

in-charge within six (6) months from the date of vacaney, pending
the appointment of a new Executive Director. In case of vacancy in the

office of the Executive Director, the su

sor shall hold office only for the

unexpired portion of the term


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The salary of the Executive Director shall be in accordance with the
Revised Compensation and Position Classification System, as amended,

and other pertinent budget and compensation laws. The salary of the

Executive Director is equivalent to that being r :d by a Department
Undersecretary with the same privileges accorded to the position of a
Department Undersecretary.

SEC. 9. Powers and Duties of the Executive Director. — The
Executive Director shall exercise the following powers and duties:

a) Submit for the consideration of the Governing Board the
policies and measures necessary to carry out the purposes and objectives of
the NOAH Center;

b) Recommend, coordinate and administer the programs and
projects of the NOAH Center;

c) Direct and supervise the operations and internal administration
of the NOAH Center, and delegate administrative responsibilities in
accordance with the rules and regulations of the NOAH Center;

d) Submit an annual report to the Governing Board setting forth
the work of the NOAH Center during the year, its financial operations and
status, and its program and budget for the ensuing year; and

ce) Exercise such other powers and functions that may be assigned
by the Governing Board.

SEC. 10. Development Plan and Organizational Structure.

Within one hundred twenty (120) days after the approval of this Act, the


NOAH Center through the Governing Board shall accomplish the
following:

a) Submit to the President of the Philippines and to both Houses
of Congress a five (5) year development plan, including program budget;
and

b) Set up its organizational and administrative structure including
the appointment of key officials, secretariat personnel and _ technical
working groups necessary to accomplish the purposes and functions of the
NOAH Center.

SEC. 11. Building Construction and Equipment Purchase. ~The
NOAH Center is hereby authorized to construct buildings and other
facilities and to purchase equipment locally and abroad as may be necessary
to carry out its functions. However, the Governing Board may request the
Board of Regents of the University of the Philippines to identify available
government buildings within the UP Diliman Campus which may be
utilized by the NOAH Center as its initial head office. The NOAH Center is
also allowed to utilize other idle or available government real property to
fulfill its mandate.

SI

.12, Regional Offices. ~ The NOAH Center is hereby
authorized to establish, operate and maintain offices throughout the country

as deemed nec

ry by the Governing Board to accomplish its objectives

and functions.


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Magna Carta for Scientists, — Qualified personnel of

the NOAH Center may apply for additional compensation benefits under
the Republic Act No. 8439, otherwise known as the “Magna Carta for
Scientists, Engineers, Researchers and Other Science and Technology

Personnel in Government,” and the corresponding rules and regulations.

14, Transfer of Equipment and Other Assets.

Ownerships
of all equipment and other assets purchased under the NOAH Program,
including the “Extended NOAH Program” shall be transferred to the
NOAH Center. However, said assets and other equipment to be purchased
in the future may be located in various research units or venues where the
Governing Board may deem appropriate provided there is a Memorandum
of Agreement between the NOAH Center and the unit where the equipment
or other assets are to be located and utilized.

SEC. 15. Exemptions. - The NOAH Center shall be exempt from
the application of the provisions of Republic Act No. 9184, otherwise
known as the “Government Procurement Reform Act,” particularly in the
procurement of items, supplies, materials and general support services,
including consulting services, which may be necessary in the pursuit of any
research and development undertaking, project or activity by departments,
agencies, state universities and colleges, government-owned or-controlled
corporations, and organizations.

For this purpose, the Governing Advisory Board shall certify such

procurement whether in the nature of equipment, furniture, materials for


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construction, or personal property of any kind, including non-personal or

contractual service

. repair and maintenance of equipment and furniture, as
well as trucking, hauling, and related or analogous services such as lease or

purchase of office space, media advertisements, health maintenance

s, and other servi

essential to the operation of the procuring
entity engaged in any research and development undertaking, project or

activity.

16. Tax Exemptions. — The provisions of any general or
special law to the contrary notwithstanding:

a) All revenues and assets of the NOAH Center used for scientific

research, educational, promotion, and dissemination activities or in support

thereof shall be exempt from all taxes and duti

b) Gifts and donations of real and personal properties of all kinds
shall be exempt from the donor’s tax and the same shall be considered as
allowable deductions from the gross income of the donor, in accordance
with the provisions of the National Internal Revenue Code of 1997, as
amended: Provided, That the allowable deductions shall be equivalent to
one hundred fifty percent (150%) of the value of such donation, Valuation

of as

istance and other money shall be based on the acquisition cost of the

property. Such valuation shall take into consideration the depreciated value

of the property in case the said property has been used;

©) Importation of economic, technical, scientific books,

equipment, supplies and materials duly certified by the Governing Board,


including scientific and educational computer and software equipment shall
be exempt from customs duties;
d) The NOAH Center shall only pay zero percent (0%) value-

added tax for all transactions.

SEC. 17. Institutional Autonomy. ~ To provide greater flexibility
in the performance of its functions, the NOAH Center shall be treated in a
manner consistent with institutional requirements as the national scientific
research center on disaster risk reduction and climate change adaptation by
service-wide agencies in the exercise of their respective jurisdiction.
Taking into account national goals and priorities, it shall exclusively
determine its research and extension plans, policies, programs and
standards, and, on the basis of such determination, the NOAH Center shall
recommend its annual budget to the President of the Republic of the
Philippines.

SEC. 18. Appropriations. — The amount of One Billion Pesos
(P1,000,000,000.00) for the initial operation of the NOAH Center is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated. Thereafter, such sum as may be necessary for the continued
operation of the NOAH Center shall be included in the annual General

Appropriations Act.

SEC. 19, Separability Clause. — If any provision or part of this Act

is declared unconstitutional or invalid, the remaining parts or provisions not

affected remain in full force and effect.


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SEC. 20. Repealing Clause, — All laws, decrees, executive
issuances, ordinances, rules and regulations and other issuances or parts
thereof, which are inconsistent with this Act, are hereby repealed, amended

or modified accordingly.

SEC. 21. Effectivity Clause. - This Act shall take effect fifteen (15)
days after publication in the Official Gazette or in a national newspaper of
general circulation.

Approved,