An Act to Establish the

Philippine Environmental Assessment (EA) System

Atty. Dilbert Quitulio

Secretary, Committee on Ecology

House of Representatives

Abstract

Since its conceptualization in 1977 under Presidential Decree 1151 and the

establishment of the system through Presidential Decree 1586 in 1978, the

implementation of the Philippine EIS System went through wealth of

experiences and lessons learned as developments continue in the international

scene of environmental impact assessment practice.

The Committee on Ecology has approved the bill entitled "An Act to Establish

the Philippine Environmental Assessment (EA) System" in the 15th Congress

after series of consultations with various stakeholders involved and affected by

the implementation of the system as well as with professionals with knowledge

on international best practices in environmental assessment

As defined in the bill, Environmental Assessment (EA) System covers both (1)

Strategic Environmental Assessment or SEA for policies, plans and programs

and (2) Environmental Impact Assessment or EIA for projects. The Bill seeks to

address the overly-liberal interpretation of the very general law which

oftentimes cause confusion among investors, NGOs, NGAs and other

stakeholders. It aims to provide long term solution to issues and concerns

encountered through the years of the Philippine EIS System implementation

which could be strategically accomplished through legislative action.

The Committee on Ecology considers this EIA Convention as an opportunity to

present the Bill to a wide audience of stakeholders and make a final call for

position papers for consideration in pushing this Bill in the 16th Congress.

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Salient Features of the House Bill on the Establishment of the Philippine Environmental

Assessment (EA) System (15th Congress)

Author: Rep. Irvin M. Alcala The bill seeks to establish an Environmental Assessment (EA) System that shall cover policies, plans, programs, or projects with potential for significant adverse impact on the environment. SEA includes both: (1) Strategic Environmental Assessment or SEA; and (2) Environmental Impact Assessment or EIA.

Strategic Environmental Assessment (SEA)

SEA is required for most proposed policies, plans or programs (PPP). The bill, however,

enumerated several priority PPPs that should undertake a SEA within five (5) years from

the date of effectivity of the law. These are: (a) national development policies, plans or

programs, such as the Philippine Development Plan; (b) sectoral policies, plans or

programs relating to agriculture livestock, environment and natural resources, energy,

and infrastructure; (c) sub-national development plans and programs, such as land use

plans at the regional, provincial, and local levels; (d) policies involving bio-safety, GMOs,

and bio-prospecting; and (e) indigenous people’s development plans.

An Inter-Agency Steering Committee on SEA (IASCS) will be created to oversee the

undertaking of SEA. The IASCS is composed of different executive agency heads and

representatives from the local government, business sector, and NGOs. An Executive

Committee consisting of the Secretaries of the DENR, DILG and Social Planning

Office/NEDA shall head the IASCS, with NEDA as its Secretariat. The Executive

Committee members will elect a Chairperson from among themselves.

Environmental Impact Assessment (EIA)

EIA, on the other hand, is required for specific projects, particularly those that are

considered as critical projects. Critical projects are presumed to have the potential for

significant adverse impact on the environment.

Under the bill, critical projects will be determined by the DENR-EMB based on its

consideration of (a) the nature of the project and (b) its potential to cause significant

adverse impact on the environment. This includes, but not limited to, heavy industries,

major manufacturing industries, major resource extractive industries, major

infrastructure projects, and other similar projects.

Management of the environmental impacts, if any, of Micro-, small and medium-scale

projects and similar activities shall be governed by the concerned LGUs, which shall

integrate environmental safeguards in their local permitting system and/or

complementary environmental assessment policies.

Existing projects deemed critical and required an ECC shall be given 3 yrs to comply

A Certificate of Proponent’s Environmental Commitment (CPEC) (replaces the ECC) may

be issued by the EMB after EIA review process. The CPEC certifies that the project has

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committed to integrate environmental considerations in its overall project design, the

identification and assessment of environmental impacts is technically sound at the

feasibility stage, and enhancement measures are proper. It also certifies that the

proponent has showed its commitment to implement the environmental management

plan that has been deemed necessary based on the identification and assessment of

environmental impact of proposed undertakings. CPEC is limited to the results of the

assessment of the project’s environmental impacts, does not exempt the proponent

from securing other government permits, and does not resolve issues within the

mandate of other agencies, e.g., land ownership, possession rights.

Proponents of critical projects are required to inform and consult the concerned local

government units and communities that will be affected to ensure that

environmentally relevant concerns are taken into consideration in the EIA Study and in

the formulation of the EMP.

The bill requires programmatic EIA for projects or series of projects subdivided into

several phases or stages, or consisting of several components or a cluster of projects co-

located in an area such as industrial estates, export processing zones, small scale

mining, livestock, aquaculture and mariculture projects

The bill further provides for environmental safeguards for non-critical projects, financial

guarantee mechanisms as part of CPEC and accreditation of EIA preparers and reviewers

The concepts of multi-partite monitoring (MMT) and environmental management fund

(EMF) are included in the bill. MMTs can either be project-based or clustered by

province/municipality or by sector.

Other Provisions

As regards institutional arrangement, the DENR continues to be the primary agency

responsible for implementing the EA system. In order to effectively implement the

provisions of the bill, an EAS Division will be established within the DENR-EMB.

Other provisions relate to capacity-building of LGUs on the EAS, establishment of EAS

database in the Bureau, and public disclosures.

Most of the administrative and penal provisions found in more recent environmental

legislation are also found in the bill, such as those relating to citizen suits and SLAPP

suits.

An EAS Management Fund will also be established, with reference to the existing

environmental revolving fund (ERF).

The bill tasks the DENR to issue implementing rules and regulations (IRR) within 1 year

from date of its effectivity, and creates a Joint Congressional Oversight Committee that

will monitor the implementation of the EAS law.

Proposed Philippine Environmental Assessment Act

Atty. Dilbert N. QuetulioHouse Committee on Ecology

Manila Hotel, Manila21 June 2013

• OBSERVE• SHARE• ASK QUESTION

The Philippine Environnmental Assessment Act (EAS)…• OBSERVE• SHARE• ASK QUESTION

Consolidated Versions of EAS

• Approved by the Committee on 15 Aug 2012• Authors: Irvin Alcala, Ma. Theresa B. Bonoan-

David, Kaka J. Bag-ao, Walden Bello, Bernadette R. Herrera-Dy, Lucy Marie Torres-Gomez, and Manuel S. Agyao

Authors’ Observations

• Country’s development rests on its broad economic and social design

• Environmental concerns must be considered to make the development sustainable

• Mainstream environmental concerns into the program, plan & policy (PPP)

Authors’ Observations

PD 1586 as legal basis is limited:• ECPs are limited (identified by the Pres.); hence,

regulation is weak/limited.• It is project-based. Programmatic compliance system -

no legal basis & remains optional.• Monitoring & auditing scheme -not provided. • Penalty is minimal.• Adequate funding scheme – not provided.• Social acceptability/public participation- not available.• Environmental guarantee fund is not required.

Framework

EAS (ENVIRONMENTALASSESSMENT SYSTEM)

SEA (Policy, Plan, Program) EIA(Projects)

Components projects

PURPOSE, in general

• to address the overly-liberal interpretation of the

very general law which oftentimes cause

confusion among investors, NGOs, NGAs & other

stakeholders.

• provide long term solution to issues & concerns

encountered thru the years of the Philippine EIS

System implementation

STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA)

SEA Applicability– PPPs w/c may result in significant adverse environmental

impact, including health and socio-economic impactSpecifically:• national development policies, plans or programs, such as

the Philippine Development Plan;• sectoral PPPs relating to agriculture livestock, environment

& natural resources, energy, and infrastructure;• sub-national development plans & programs, such as land

use plans at the regional, provincial, and local levels;• policies involving bio-safety, GMOs & bio-prospecting; and• (e) indigenous people’s development plans.

Undertaking SEA

SEA shall be conducted as an integral part of the formulationof the PPP to identify the most practicable alternatives for:• achieving positive outcomes• minimizing the PPPs potentially adverse effects.

Undertaking SEA

It shall require the following information:• Summary description of the PPP; process of organization to

implement SEA• Scope of the SEA study & the main PPPs envt’l. issues –

(envt’l. impacts, cumulative effects, including past envt’l.issues & other envt’l. relevant trends)

• PPPs assessment vis-a-vis envt’l. and SD considerations;• Recommended options to prevent/mitigate any significant

adverse envt’l. impacts resulting from the implementation ofthe PPP, including the focus of any subsequent EIAs, and

• measures for monitoring envt’l. aspects of itsimplementation.

Inter-Agency Steering

Committee on SEA (IASCS)IASCS will be created to oversee the

undertaking of SEA.

IASCS is composed of different

executive agency heads and

representatives from the local

government, business sector, and

NGOs.

ENVIRONMENTALIMPACTASSESSMENT(For Specific Projects)

Applicability of EIA

Critical projects; considerations:• nature of the project & • its potential to cause significant adverse impact on the envt.

Critical projects are identified: • heavy industries, • major manufacturing industries• major resource extractive industries• major infrastructure projects• other similar projects.

Applicability of EIA

Micro-, small & medium-scale projects & similar activities • To be governed by the concerned LGUs, which shall integrate

environmental safeguards in their local permitting system and/or complementary environmental assessment policies

Existing projects –deemed critical and required an ECC under Section 4 of PD 1586 shall be given 3 yrs to comply with the EAS law

Cert. of Proponent’s Envt’l.

Commitment (CPEC)

CPEC - issued by the EMB after EIA review process. The CPEC certifies that: project has integrated envt’l. considerations in its overall

project design, assessment is technically sound at the feasibility stage enhancement measures are proper. proponent has showed its commitment to implement the

approved EMP (environmental management plan)

Cert. of Proponent’s Envt’l.

Commitment (CPEC)

Note: CPEC is limited to the results of the assessment of the project’s environmental impacts,

does not exempt the proponent from securing other government permits, and does not resolve issues within the mandate of other agencies, e.g., land ownership, possession rights.

Consultation & Public

Participation in the EIA• Proponents of critical projects are required to

inform and consult the concerned LGUs &

communities that will be affected

• To ensure that environmentally relevant concerns

are taken into consideration in the EIA Study & in

the formulation of the EMP

Environmental Safeguards for

Non-Critical Projects

• Non-critical Projects may be required by the

EMB to implement environmental

safeguards.

• The EMB shall establish an evaluation

system

Programmatic EIA For

Co-Located Projects

Covers: Projects/series of projects subdivided into several phases

or stages, Projects consisting of several components A cluster of projects co-located in an area (e.g., industrial

estates, export processing zones, small scale mining, livestock, aquaculture & mariculture projects)

Considers cumulative impacts & carrying capacityCPEC shall be required

Economic Provisions

• Financial Guarantee Mechanism

• Environmental Revolving Fund

• Appropriations

National & Local Participation

• Agencies Responsible in the Implementation of the Act

• Decentralization and Devolution of Functions

• Local Capacity-Building in Environmental Assessment System

Penalty Clause & Legal

Remedies

• Sanctions for Violations

• Administrative Action

• Citizen Suits

• Independence of Action

• Suits and Strategic Legal Actions Against Public

Participation and the Enforcement of This Act.

Other Assessment &

Monitoring Provisions

• Accreditation of Preparers and Reviewers• Consultation and Public Participation in the EIA• Multi-partite Monitoring Team and Environmental

Monitoring Fund• Establishment of an EAS Division• Knowledge Management System• Public Disclosure• Joint Congressional Oversight Committee

The Philippine Environnmental Assessment Act (EAS)…• OBSERVE• SHARE• ASK QUESTION

Thank you!!!