IA\ 13" SP Republic of the Philippines Province of Cebu a SANGGUNIANG PANLALAWIGAN Cebu Capitol, Cebu City 5m Session EXCERPT FROM THE MINUTES OF THE 4™ REGULAR SESSION HELD BY THE SANGGUNIANG PANLALAWIGAN OF CEBU, AT THE CAPITOL SOCIAL HALL, EXECUTIVE BUILDING, CAPITOL COMPOUND, CEBU CITY ON FEBRUARY 10, 2014. PRESENT: Hon. Agnes A. Magpale Vice-Governor/Presiding Officer Hon. Arleigh Jay C. Sitoy Majority Floor Leader Hon. Jude Thaddeus Durano Sybico Assistant Majority Floor Leader Hon. Raul D. Alcoseba Hon. Peter John D. Calderon Hon. Christopher R. Baricuatro Hon. Grecilda P. Sanchez Hon. Joven J. Mondigo, Jr. Hon. Sun J. Shimura Hon. Miguel Antonio A. Magpale Hon. Thadeo Z. Quano Hon. Carmen Remedios Durano-Meca Hon. Celestino A. Martinez Ill Sanggunian Member ‘Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member Sanggunian Member (PCL) Sanggunian Member (FABC) ON OFFICIAL BUSINESS: Hon. Alex S. Binghay Sanggunian Member ON LEAVE: Hon. Julian B. Daan Presiding Officer Pro Tempore RESOLUTION NO. 271-2014 AUTHOR : HON. THADEO Z. OUANO WHEREAS, it is declared that the policy of the State is to advance and protect the right of the people to a balanced, sustainable and healthy ecology in accord with the rhythm and harmony of nature; WHEREAS, the Province of Cebu Environment Code (Ordinance No. 2012-13), mandated the province to promote and implement energy efficiency and resource conservation programs aimed at reducing energy consumption, reduce greenhouse gas emissions, prevent depletion of the province’s water resources, control pollution, and maintain the public’s health and well-being; WHEREAS, Sangguniang Panlalawigan Resolution No. 1083-2011 requested the Provincial Engineering Office to formulate a comprehensive retrofitting program to convert all Capitol Complex buildings into Green and Disaster-Resilient Buildings to bring about energy efficiency and to promote utilization of alternative energy sources; p.t.o/Res. No. 271-2014/Ord. No. 2014-02 Page 4 2) 3) 4) 5) 6) 0) 8) 9) 10) BUILDING" means any structure used or intended for supporting or sheltering any use or occupancy CERTIFIABLE. To attain the number of points, as determined by the Green and Disaster-Resilient Building Compliance Official, that are necessary to meet the Tequirements of the applicable level of the Green and Disaster-Resilient Building rating system. It is not required that the building be certified by any Green and Disaster-Resilient Building certification body or other applicable Green and Disaster-Resilient Building authority. CONSTRUCTION. ° The erection of any building or structure or any portion thereof, COVERED BUILDING. A building that is required to meet the green and disaster resilient building standards that will be developed or adopted from applicable standards/codes by the Cebu Provincial Green and Disaster-Resilient Building Management Board. “COMPLIANCE OFFICIAL" means the person who is _ properly designated/appointed by the Governor, authorized and responsible for implementing relevant provisions of this ordinance/Green and Disaster-Resilient Building program. DISASTER: Severe alterations in the normal functioning of a community or a society due to hazardous physical events interacting with vulnerable social conditions, leading to widespread adverse human, material, economic, ot environmental effects that require immediate emergency response to satisfy critical human needs and that may require external support for recovery. DISASTER RESILIENT BUILDING/STRUCTURES: Disaster resilient or resistant structures are structures designed to withstand natural events such as earthquake, flooding, typhoon, high wind events. While no structure can be entirely immune to damage from these natural events, the goal of disaster-resistant construction is to erect structures that fare better during seismic activity and natural events than their conventional counterparts, to withstand the largest earthquake/typhoon of a certain probability that is likely to occur at their location. This means the loss of life should be minimized by preventing collapse of the buildings while the loss of functionality should be limited for more frequent ones. GREEN AND DISASTER-RESILIENT. BUILDING: A designation given to buildings that have achieved the requirements of the Green and Disaster-Resilient Building rating system defined in this Green and Disaster-Resilient Building program. "GREEN AND DISASTER-RESILIENT BUILDING PRACTICES" means a whole systems approach to the design, construction, and operation of Buildings and Structures that helps mitigate the environmental, economic, and social impacts of Construction, Renovation/Retrofitting, Operation and Maintenance. Green and Disaster-Resilient Building Practices, recognize the relationship between natural p.t.o./Res. No. 271-2014/Ord. No. 2014-02 ‘ Page 2 WHEREAS, the demolition, design, construction, operations and maintenance of buildings and structures within the province has a significant impact on its environmental sustainability, resource usage and efficiency, greenhouse gas erhissions, waste management, and the health and productivity of the residents, workers, and visitors, WHEREAS, emissions from conventional construction materials such as paints, carpets, and particle board can lead to health problems associated with poor indoor air quality and these health problems can result in lost productivity, lowered employee , morale and increased health care costs, WHEREAS, conventional building design, construction and operation methods not only can negatively affect the health of the people who live and work in them, but can also cause negative impact on the environment; WHEREAS, the Province of Cebu finds that Green and Disaster-Resilient Building design construction, operation and maintenance can have a significant positive effect on energy, water and resource efficiency, minimization of waste and pollution generation, conservation of wildlife habitat, and improving health and productivity of building occupants over the life of the building; and can result in significant cost savings and environmental benefits to the province and its component cities and municipalities, WHEREAS, in the wake of the Bohol earthquake and super-typhoon Yolanda that ravaged the provinces of Bohol, Leyte and parts of Cebu province the public, private and local communities have been put to the test; exposing institutional and structural. limitations and providing lessons learned such as the need for more effective and extensive pre-disaster mitigation measures-construction of structurally sound buildings, above-standard practices and services to help reduce the likelihood of property damage and loss of life. WHEREAS, it is also for public interest to strongly promote and support the inclusion of green and disaster-resilient building practices in private development projects through the provision of incentives. WHEREAS, the Province finds that it is critical to both its economic and environmental health that the Provincial Government provides leadership to both private and public sectors in the area of Green and Disaster-Resilient Building; the most immediate and meaningful way to do so is to include Green and Disaster-Resilient Building in its projects and those built as public-private partnerships, and to encourage private sector projects and projects undertaken by National Government Agencies/Government Owned and Controlled Corporations to include Green and Disaster-Resilient Building elements and to voluntarily participate in the Green and Disaster-Resilient Building Program NOW, THEREFORE, on motion of Member, Hon. THADEO Z. OUANO and adopted as on MASS MOTION by all the Members of this Body present, duly seconded by the same, be it RESOLVED to enact, as it is hereby ENACTED, the following: p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 3 ORDINANCE NO. 2014-02 IMPLEMENTING THE “PROVINCE OF CEBU GREEN AND DISASTER-RESILIENT BUILDING PROGRAM”. The SANGGUNIANG PANLALAWIGAN OF CEBU hereby ORDAINS, that: SECTION 1. TITLE - This ordinance shall be known as “PROVINCE OF CEBU GREEN AND DISASTER-RESILIENT BUILDING PROGRAM”. SECTION 2. PURPOSE OF THE ORDINANCE — To promote economic and environmental health in’the province, it is essential that the province itself and its component cities and municipalities, through the design, construction and operation of its own buildings and traditional public works, buildings it funds, provide the leadership in Promoting green and disaster-resilient building practices and to encourage the private sector and National Government Agencies/Government Owned and Controlled Corporations to engage in the design, construction, operations of green and disaster- resilient buildings, including resource efficiency and disaster mitigation The aim of Cebu Province’s Green and Disaster-Resilient Building program is to enhance the long-term public health and welfare by contributing to the overall reduction of greenhouse gas production and emissions, improving the environmental and economic health of the province, protect human life, minimize property loss, minimize the expenditures of public money associated with natural related disasters, including flooding, high-wind events, typhoon and earthquake through Increase energy efficiency in buildings and public works projects; Encourage water and resource conservation; Reduce waste generated by construction Projects; Reduce long-term building operating and maintenance costs; and Improve indoor air quality and occupant health; and Contribute to the reduction of greenhouse gas production and emissions. Establish enhanced building design, construction and operations regulations consistent with nationally/internationally recognized good practices for safeguarding life and Property; NAWRUN= SECTION 3. APPLICATION OF ITS PROVISIONS - The provision of this ordinance shall be applicable in all component cities and municipalities within the territorial jurisdiction of the Province of Cebu. SECTION 4. DEFINITION OF TERMS - As used in this Ordinance, the following terms and phrases shall mean as follows 1) BERDE. Acronym for Building for Ecologically Responsive Design Excellence (BERDE) Rating System, the P| pines’ own green building rating system. Initiated to facilitate greener building, BERDE measures how a building excels above and beyond the existing local environmental regulations and standards, pto/Res. No. 271-2014/Ord. No. 2014-02 Page 5 and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive environment and at the same time withstand natural events such as earthquake, flooding, typhoon, and high wind events. 11) BOARD: The Green and Disaster-Resilient Building Management Board created under this ordinance. 12) GREEN AND DISASTER-RESILIENT BUILDING PROGRAM: The program outlined in this ordinance for obtaining incentives for Green and Disaster-Resilient Buildings and developments. 13) GREEN AND DISASTER-RESILIENT BUILDING RATING SYSTEM means the most recent version of the BERDE rating system or by other Green and Disaster-Resilient Building certification bodies adopted by the Green and Disaster- Resilient Building Management Board. 14) PRIVATE: property not owned by the Provincial, City, and Municipal Governments. 15) PROGRAM: The Province of Cebu Green and Disaster-Resilient Building program. 16) PROGRAM CERTIFICATION: the final designation awarded to a program participant for satisfying all requirements associated with the program for a particular project. 17) PROGRAM PARTICIPANT: any person or entity of both Government/Public and Private sector seeking program certification for a particular project. 18) PROJECT: any construction associated with the creation, development, construction, renovation/retrofitting, and operations of any covered building eligible for the program. 19) RESILIENCE: The ability of a system and its component parts to anticipate, absorb, accommodate, or recover from the effects of a hazardous event in a timely and efficient manner, including through ensuring the preservation, restoration, or improvement of its essential basic structures and functions. 20) TRADITIONAL PUBLIC WORKS PROJECT: means heavy construction projects such as pump stations, flood control improvements, roads, bridges, as well as traffic lights, sidewalks, bike paths, bus stops, and associated infrastructure on province owned and maintained property. SECTION 5. GOVERNMENT LEADERSHIP To demonstrate its commitment to a Green and Disaster-Resilient Building program, the Cebu Provincial Government shall comply with the Green and Disaster- Resilient Building programs established herein for all its covered buildings, and shall promote and encourage the adoption of Green and Disaster-Resilient Building practices by the local government units of component Cities and Municipalities, national government agencies and instrumentalities with buildings within the province, as well as encourage the active participation of the private sector in this Green and Disaster- Resilient Building program. p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 6 SECTION 6 GREEN AND _DISASTER-RESILIENT BUILDING PROGRAM APPLICABILITY 1) For all private building projects, the program shall be voluntary. 2) For any new building, renovation/retrofitting of buildings, operations of buildings and construction of traditional public works projects owned and constructed by or on behalf of the Provincial Government or those under the Public-Private Partnership entered into by the provincial governments and the private sector and other entity, is mandatory. 3) For building and traditional public works projects of component cities and municipalities, as well as national government agencies, government-owned and controlled corporations, and instrumentalities, the program shall be voluntary. 4) Unless the Green and Disaster-Resilient Building Management Board sets the criteria (e.g. building classification, type of building structures, gross floor) for determination of its coverage, all government buildings shall be covered under this program. 5) All types and sizes of private buildings, as long as it meets the qualification criteria of the BERDE or other applicable Green and Disaster-Resilient Building certifying body adopted by the Green and Disaster-Resilient Building Management Board will be considered as covered building(s). SECTION 7. GREEN AND DISASTER-RESILIENT BUILDING RATING SYSTEM In addition to the National Building Code’s minimum standards, as well as local building and zoning ordinances where the project will be located, the program shall be administered using standards and rating systems developed or adopted from established Green Building, Sustainable Building, or disaster-resilient building certification bodies by the Green and Disaster-Resilient Building Management Board after the Board has established its applicability and practicability to the conditions in Cebu Province. In establishing the applicability and practicability of the standard or rating system the Board shall consider the cost and benefit of meeting the standard and certification procedure as well as the administrative structure to oversee and monitor the compliance. As Green and Disaster Resilient Standards, Guidelines and Regulations are continuously evolving with technology and are highly site specific, the Board in setting the standards, guidelines and regulations must consider the economic, social, and cultural benefits and cost. NGOs and interested parties who are not represented in the Board may propose particular standards, guidelines and regulations with proper economic, social and cultural analysis supported by verifiable data and assumptions from official and market research data relevant to the conditions in Cebu Province. The Board reserves the right to adapt, or modify the proposal for immediate implementation, or accept it for future implementation with or without specific implementation dates or reject it. The Governor of the Province of Cebu or the Mayors of the LGUs within its administrative territory may request for variations or exemptions from the Green and p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 7 Disaster Resilient Standards, Guidelines and Regulations for projects of significant importance that needs to be immediately implemented and as such have limitations on the budget and implementation period. The Board may require incorporation of flexibility provisions in the project upgrading and modification in the future to comply with the Green and Disaster Resilient Building standards, guidelines and regulations. Considering that the Green and Disaster-Resilient Building standards are highly technical and constantly evolving, its Board — upon recommendation by the Technical Committee, shall determine whether new standards are appropriate, adopt new rating systems from established green and disaster-resilient building certifying/accreditation bodies. If the Green and Disaster-Resilient Building Management Board decides to adopt the new rating system, version, or code, the board must make public this adoption by giving public notice in the manner customary for the province and its component cities and municipalities. SECTION 8 GREEN AND _DISASTER-RESILIENT BUILDING PRACTICES/STANDARDS _ FOR COMPLIANCE FOR PROVINCIAL AND COMPONENT CITIES AND MUNICIPALITIES PROJECTS 1) All new construction of and major renovations/retrofitting of Provincial government covered buildings and public works must met the criteria adopted by the Board. 2) Participating component cities and municipalities covered buildings and public works must met the criteria duly adopted by the Board. SECTION 9. GREEN AND _DISASTER-RESILIENT BUILDING PRACTICES FOR TRADITIONAL PUBLIC WORKS PROJECTS. The Provincial Engineering otkce, and equivalent or relevant agencies and departments of component cities and municipalities shall continuously revise the project specifications used in bidding Traditional Public Works projects to include the best green and disaster-resilient building practices applicable. SECTION 10. PROMOTING GREEN AND _ DISASTER-RESILIENT BUILDING PRACTICIES IN PRIVATE DEVELOPMENT PROJECTS Although the requirements of this ordinance do not extend to private development projects, the Province promotes the use of green and disaster-resilient building strategies in private development projects by offering a number of resources and incentives. The BOARD shall devise and establish the mechanism for granting of various incentives, awards, and recognition to private development projects that participated in the Province Green and Disaster-Resilient Building program and meets the adopted green and disaster-resilient building certification criteria. p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 8 SECTION 11. PROVINCIAL GREEN AND DISASTER-RESILIENT BUILDING MANAGEMENT BOARD. In order for the program to be effective, there shall be created a management board that will formulate, policies, procedures, guidelines, and action plans to assist the Province, stakeholders and partners in the implementation of the Green and Disaster-Resilient Building Program. The Board shall also adopt the necessary measures leading to the creation of institutional machinery including, among others, fiscal and financial programs to ensure the effective and efficient implementation of the Green and Disaster-Resilient Building Program. The Board shall promulgate rules and regulations necessary or appropriate to achieve compliance with the Green and Disaster-Resilient Building Program by the program participants. Among others, the Board shall: 1) Develop any appropriate or necessary application procedures, including but not limited to, the program application form; 2) Formulate policies and procedures for implementation of the Green and Disaster- Resilient Building program by the Green and Disaster-Resilient Building Compliance Official, Program Secretariat, and the One-Stop-Shop Processing Center; 3) Prepare its annual budgetary requirements-Personnel and MOOE (for the operations of the Board, Building Compliance Office, and the One-Stop-Shop Processing Center; 4) Provide the certifications for use in the program: 5) Provide an incentive award to any program participant who has successfully Satisfied the requirements associated with that incentive: 6) Resolve disputes that may arise from implementing the program; 7) Assist and provide guidance to City and Municipal Governments in formulating local regulations/legislations implementing appropriate ‘incentives’ (e.g. Tax Credits) to private/voluntary program participants; 8) Devise/develop, in conjunction with any public/government and private institutions, and package other incentives for the benefit of certified program applicant/participant; 9) Others, as the Board may deem appropriate and necessary for the effective implementation of the Green and Disaster-Resilient Building Program. SECTION 12. COMPOSITION OF THE PROVINCIAL GREEN AND DISASTER-RESILIENT BUILDING MANAGEMENT BOARD. The Green and Disaster-Resilient Building Management Board shall be composed of the following: 1) Chairperson - the Cebu Provincial Governor 2) Vice-Chairperson — the Cebu Vice-Governor Member Organizations, Represented by its Regional Directors/Head/Chairperson: 3) Cebu Provincial Board Chairman, Committee on Environmental Protection and Natural Resources 4) League of Municipal/City Mayors of the Province 5) Representative(s) of any competent/relevant Professional Organization (e.g. United Architects of the Philippines, Philippine Institute of Environmental Planners, Philippine Institute of Civil Engineers, etc.) p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 9 6) Representative of Private building developers/contractors 7) Others, as maybe decided by the Board SECTION 13. COMPOSITION OF TECHNICAL COMMITTEES. The Technical Committee will provide technical support and assistance to the Board in preparation of policies, programs, guidelines; promotion and development of Green and Disaster-Resilient Building technologies, marketing and incentives packages, linkage and networking, information and education campaign, etc. The Technical Committee will represent sectoral groupings, which may include the following: a) Energy Efficiency ~ Department of Energy, others b) Technology — Department of Science and Technology, others c) Water Resources Conservation — Cebu Uniting for Sustainable Waters, others d) Pollution and Health - Pollution Control Association of the Philippines, Department of Health, others e) Developers — Housing/Building Development/Real Estate Companies f) Chamber of Commerce (Cities of Cebu and Mandaue) g) Design — University of San Carlos-College of Architecture and Fine Arts, Private Architectural firms, others h) Construction — Department of Public Works and Highways, Cebu Contractors’ Association, others i) Finance/Incentives - BPI, LBP, Pag-ibig, other financing/banking institutions, others j) Marketing/Regulations/Investments/Incentives — Dept. of Trade and Industry, Board of Investments k) Networking/Administration — Ramon Aboitiz Foundation, Inc. (RAFI), others I) Permits/Clearances — Environmental Management Bureau, Housing and Land Use Regulatory Board, others m) Education and capability building — Department of Education, Academic Institutions n) Others, as maybe decided by the Board SECTION 14. GREEN AND DISASTER-RESILIENT BUILDING COMPLIANCE OFFICE A Green and Disaster-Resilient Building Compliance Official appropriately designated, shall have the responsibility to administer and monitor compliance with the Green and Disaster-Resilient Building Program set forth in this Chapter and with any rule or regulation promulgated hereunder, and to report to the Green and Disaster-Resilient Building Management Board regarding Green and _Disaster-Resilient Building Compliance on all Covered Building Projects and Traditional Public Works projects. The Green and Disaster-Resilient Building Compliance Official shall be assisted/supported by technical personnel from the following offices appropriately designated: a) Provincial Engineering Officer (PEO) b) Provincial Environment and Natural Resources Officer (PENRO) c) Provincial Planning and Development Office (PPDO) p.t.o./Res. No. 271-2014/Ord. No. 2014-02 Page 10 SECTION 15. EDUCATION AND TRAINING (a) The Province in conjunction with accredited/recognized green building Council/Body shall conduct at least one training workshop per year for the purpose of educating potential or current program participants about the program. (b) The Green and Disaster-Resilient Building Compliance Official(s) shall have the appropriate certification/license from any appropriate Green Building certification Body (chosen/accredited by the Green Building Management Board) and DRRM to capably implement Green and Disaster-Resilient Building standards and compliance. (c) Provincial as well as those from component cities and municipalities, building and planning department staff, particularly those assign in the Green and Disaster-Resilient Building office shall be required to attend Green and Disaster-Resilient Building training- workshops a year. SECTION 16. INDEX AND REPORT The goals and objectives of the program and their status shall be recorded, analyzed and reported to the Green and Disaster-Resilient Building Management Board. The Secretariat/Green and Disaster-Resilient Building Compliance Official shall be responsible for this indexing and reporting. SECTION 17. PROGRAM REVIEW 1) The Green and Disaster-Resilient Building Management Board shall provide for a review of the program to determine the need for changes in the program to increase its effectiveness. 2) Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of not more than once per year. 3) Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes, reviewing suggestions made by program participants, and annually awarding the Green and Disaster-Resilient Building awards of the program. SECTION 18. APPROPRIATION, -— An initial amount of Five Million (P5,000,000.00) Pesos, shall be appropriated for the implementation of the Province of Cebu Green and Disaster-Resilient Building Program. Thereafter, the Green and Disaster- Resilient Building Management Board shall prepare its annual budget requirements as bases for inclusion in the Annual Budget of the Province of Cebu if applicable, or shall be sourced from any unappropriated balance. SECTION 19. SEPARABILITY CLAUSE, If any section, paragraph, clause or provisions of this Ordinance is held invalid, unlawful or unconstitutional by competent authority as being inconsistent with existing laws, all other section, paragraph, clause or provisions not otherwise declared as such shall remain valid and subsisting. SECTION 20. REPEALING CLAUSE, Any and all other Ordinances of the Province of Cebu which are contrary or inconsistent herewith are hereby repealed, amended and modified accordingly. p.t.o/Res. No. 271-2014/Ord. No. 2014-02 Page 11 SECTION 21. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation as mandated by the Local Government Code. ENACTED AND CARRIED ON MASS MOTION. -000- I hereby certify to the correctness of the afore-quoted resolution. ANECTY MG, PASAYLO Provincial Secretary ATTESTED: A S A. MAGPALE AP Ps Vice-Gpvernor/Presid&ag Officer APPROVED: 07 20 HILARIO P. DAVI Lou Provincial Governor COPY FOR: All municipalities and component cities Province of Cebu COPY FURNISHED: Hon. Gov. Hilario P. Davide HI Hon. Vice-Gov. Agnes A. Magpale Hon. Thadeo Z. Quano AGPAhs/ernanoa