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Authored by:	Councilor Augustin Alexee C. Santiago
Co-Authored by:	Councilors Reynaldo R. San Buenaventura III, Ferdinand A. Avis, Gregorio P. Rupisan Jr., Rhichie Gerard T. Brown, Richard C. Eusebio, Orlando R. Benito, Charmie Q. Benavides, Rosalio D. Martires, and Wilfredo F. Sityar and Liga Pres. Celestino U. Chua

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WHEREAS, the 1987 Constitution of the Republic of the Philippines recognizes the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, Republic Act 7160, or the Local Government Code of 1991 mandated all Local Government Units to ensure and promote the health and safety of the people, and enhance their right to a balanced ecology.

WHEREAS, overwhelming scientific evidence shows that global warming is altering the earth's normal temperature and rainfall patterns, and that human activities such as burning of fossil contribute to the Green House Gas (GHG) balance of the earth, which in turn leads to climate change;

WHEREAS, the effects of climate change are now being felt throughout the world in periods of long drought, abnormal deluges and floods-globally known known as EL Niño and LA Niña phenomena and more unpredictable weather conditions; and recent weather-related environmental catastrophes demostrate the harmful effects of climate change in the Philippines;

WHEREAS, these intertwined problems of climate change social inequity, rising energy prices, and degradation of the natural system require an integrated response that goes for beyond reducing carbon emissions;

WHEREAS, climate change adaptation must be inextricably linked with actions to create and maintain jobs, improve community livability and public health, address social inequity and foster strong, resilient natural system;

WHEREAS, it is globally recognized that green building can significantly improve energy, water and resource efficiency, reduce waste and pollution generation protect the environment, and improve occupants' health and productivity consistent with the Pasig Green City vision;

WHEREAS, it has become imperative for both public and private buildings to include green building and landscape requirements based on local climatic, geological, and topographical conditions which, while stricter than current building standards, are shown to be cost effective over the life of the building;

WHEREAS, in order to ensure environmental sustainability of buildings, reduce its negative impact to health and environment and consequently drive market transformation, three is a need for the Local Government as building regulator to formulate, adopt and implement green building regulations;

WHEREAS, the City of Pasig has long standing commitment to leadership in Green Building standards, sustainable design and construction practices, efficient water and other resource conservation and management and the reduction of Green House Gas Emissions;

WHEREAS, the continuing development of real estates and land development projects must be mindful of the basic principles of conservation environment protection and planning patterns that consider the natural environment;

WHEREAS, institutionalization of eco-friendly systems and technologies supports government efforts to reduce greenhouse gases and other hazardous emissions from buildings and other structures;

WHEREAS, the implementation of a green infrastructure policy emphasizes the need to promote and protect the interrelation of the natural ecosystem and development as these are key factors that contribute to sustainable development, empowerment of the people and urban development.

NOW THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of Pasig City in a session assembled:


Section 1. TITLE OF THE ORDINANCE. This Ordinance shall be known and referred to as the "Green Building Ordinance of Pasig City."


Section 2. AUTHORITY. This Ordinance is enacted pursuant to the Local Govrnment Code which mandates the Local Government Units to ensure and suppor, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of people to a balanced ecology and preserve the comfort and convenience of their inhabitants.

Section 3. PURPOSE. This Ordinance is enacted for the purpose of improving the stability and efficiency of buildings in the use of natural resources, contributing to the global efforts in reducing Green House Gas (GHC) emission and minimizing impact of buildings on health and environment through Green Building Program.

Green Building Program is the pratice of adopting sustainable features and measures in the design, construction and operation of buildings.


GREEN BUILDING PROGRAM – is a holistic approach to designing, constructing and operating buildings.  It addresses issues on:

1. Building designs and construction management;
2. Proper land use and promotion of diversity;
3. Efficient water and energy use and management
4. Healthy indoor, air quality;
5. Proper management of emissions;
6. Effective solid waste management
7. Promote alternative mode of transportation;
8. Hertitage conservation and promotion

GREEN BUILDING –A Green Building is one whose construction and lifetime operation assure the healthiest possible environment while representing the mose efficient and least disruptive use of land, water, energy and resources.

The Building for Ecologically Responsive Design Excellence (BERDE) Rating Certification System – the BERDE Green Building Rating System is a tool to measure the environmental performance of buildings in the country.  It serves as both a guideline for the design, construction, and operation of sustainable buildings, and a mechanism for recognizing the environmental stewardship of ecologically responsive structure.  The use of BERDE removes the burden of time and resources from the city in developing and maintaining a new and standard or system.

Philippine Green Building Council (PHILGBG) – is a non-stock, non-profit organization that promotes the sharing of knoweledge on green practices to the property industry to ensure a sustainable environment.  It was organized to serve as a single voice in the promotion of holistic and market-based green building pratices, to facilitate the sharing of green building information and practices in the building industry, and to serve as a non-partisan venue for the development of the BERDE Green Building Rating System.  PHILGBC is an Emerging Member of the World Green Building Council (WorldGBC) and a member of the WorldGBC – Asia Pacific Network.  The Council is also a member organization of the International Initative for a Sustainable Built Environment (IISBE), and global partner of the GLOBE Alliance.

Global Warming – increase in the average temperature of the earth's atmosphere, especially a sustained increase sufficient to cause climatic change;

Green Materials – includ all construction materials, hardware and fittings, roughins and finishing that are certified environment-friendly and the pratice of optimizing its use such that construction;

Carbon Emission – the release of carbon into the atmosphere;

CENRO – The City Environment and Natural Resources Office

OBO – The Office of the Building Official

PUD – a planned unit development (PUD) is a large, integrated development adhering to a comprehensive plan and located on a single tract of land or on two or more tracts of land may be separated only by a street of other right-of-way.  PUD is a form of development that, although conceived decades age, can be used today to advance a number of importance smart growth and sustainability objectives.

TAX CREDIT – amount of money that a taxpayer is able to subtract from the amount of tax that they owe to the government.  The value of a tax credit depends on what the credit is being provided for, and certain types of tax credits are granted to individuals or business in specific locations, classifications or industries.


Section 4. SCOPE OF APPLICATION. This Ordinance shall apply to all buildings within the City of Pasig.

•	Old Buildings:
	–	Voluntary for residential unit with at least 50 square meters
	–	Voluntary for public and private buildings with a total floor are of 10,000 square meters or less
	–	Mandatory for more than a total area of 10,000 square meters including Planned Unit Development areas but will be given a grace period of two (2) years for compliance
•	New Buildings
	–	Mandatory is Planned Unit Development (PUD) areas
	–	Mandatory for private buildings with total floor are greater thatn 10,000 square meters
•		Exemptions
	–	Hertitage or cultural buidlings
	–	Post-disaster shelters and structures

Section 5. BERDE Rating Certification System. The Building for Ecologically Responsive Design Excellence (BERDE) Rating Certification System of the Philippine Green Building Council recognized by the Department of Energy is hereby adopted as component in this Ordinance.

Section 6. MINIMUM STAR FOR BERDE CERTIFICATION

•	All buildings both government and private can get a 1-Star BERDE Certification if they can comply with the criteria/requirements for such BERDE Certification regardless of the area.
•	The City shall encourage a minimum of 1-star BERDE Certification for all buildings with a total floor area of 10,000 square of any occupancy type within the Planned Unit Developments (PUDs)
	–	Emerging parts of cities are more responsive to higher building standards, becoming green building focal areas

Section 7. BERDE CERTICATION

Applicants for Green Building Certification shall secure BERDE Certifications froma third party certifying body duly accredited by the Philippine Green Building Council (PHILGBC) pending accreditation of the Green Building Division of this ordinance.

For BERDE Assessnent and Certification, refer to the following Green Building Rating Schemes:

1. BERDE for New Construction;
2. BERDE for Retrofits and Renovations &
3. BERDE for Operations

Section 8. PCGB Board. There is hereby created a Pasig City Green Building Board (PCGB Board) that shall provide guidance in the development of necessary or appropriate rule and regulations for the implementation of the City's Green Building Ordinace.  The Pasig City Green Building Board shall:

	–	Provide support in the effective implementation for voluntary program;
	–	Recommend appropriate incentives for voluntary program participants;
	–	Recomment appropriate level of performance, standards and thresholds for the programs;
	–	Resolve despite that may arise from the implementation of the program;
	–	Review and evaluate effectiveness of the policies, standards, and procedure identified;
	–	Provide policy recommendations for the continuous improvement of the program

The (PCGB Board) shall meet and convene a least once a month

Section 9. PCGB BOARD COMPOSITION The (PCGB BOARD) shall be composed of the following:

	•	The City Mayor (Chairperson)
	•	SP Chairman, (Committee of Environmental Protection (Vice-Chairperson)
	•	SP Chairman, (Committee of Public Works and Infrastructure)
	•	City Building Official
	•	City Environment and Natural Resource Officer
	•	City DRRMO
	•	City Planning and Development Officer
	•	City Engineer
	•	City Assessor
	•	Developers, Business owners and Building Managers
	•	PCI
	•	UAP
	•	Constructors and specialty trade constractor &
	•	Academe

Section 10. GREEN BUILDING DIVISION. To provide technical assistance and support, a Green Building Division is hereby created in City Environment and Natural Resources Office, that shall implement the provisions of the Green Building Ordinance.  It shall be headed by the Green Building Chief, who shall manage and supervise the operations of the Green Building Division.

Composition The Office of the Green Building Division shall be composed of the following personnel subject to the Qualification Standards of the Civil Service Commission.

Staffing Pattern of the Green building Division



	1.	One (1) Division Chief (GBO IV)	SG 22
	2.	Four (4) Sections Chief (GBO IV)	SG 18
	3.	Four (4) Evaluators/Inspectors (GBO II)	SG 15
	4.	Eight (8) Evaluators/Inspectors	SG 11
	5.	One (1) Secretary	SG 11
	6.	One (1) Data Encoder	SG 6
	7.	One (1) Driver	SG 4
	8.	Oner (1) Utility	SG 4
	9.	One (1) Liason Officer	SG 4

Section 11. GREEN BUILDING TAX CREDIT. A taxpayer is eligible for a Green Building Tax Credit against a tax due.  The Green Building Tax Credit is hereby made available to a taxpayer for either the construction of a green building or the rehabilitation or retrofitting of a building, which is not a green building, into a green building, subject to the following terms and conditions:

1. A taxpayer may apply for a Green Building Tax Credit provided that the facility subject to the Green Building Tax Credit is within the territorial jurisdiction of Pasig City and the applicant is the actual and lawful owner or contract purchaser of the facility at the time of erection, construction, installaion or acquisition of the proposed facility.
   
   
2. If a credit is allowed to a buidling owner pursuant to this section with respect to the property or any interest therein is sold, the credit for the period after the sale, which would have been allowable under this section to the prior owner, shall be allowable to the owner.  Credit for the year of sale shall be allocated between the parties on the bases of the number of days during such year that the property or interest was held by each;
   
   
3. If a credit is allowed to a tenant pursuant to this Section with respect the property, and if such tenancy is terminated but such property remains in use in the building by a successor tenant, the credit for the period after such termination, would have been allowable under this Section to the prior tenant, shall be allowable to the successor tenant.  Credit for the year of termination shall allocated between the parties on the bases of the number of days during such year that the property was used by each;
   
   
4. Notwithstanding any other provision of law to the contrary, in the case of allowance of credit under this Section to a successor owner or tenant as provided for, the City Treasurer and the City Assessor is hereby authorize to reveal to the successor owner or tenant any information, with respect to the credit of the prior owner or tenant, which is the basis for the denial in whole or in part of the credit clainmed by such successor owner or tenants;
   
   
5. The Green Building Tax Credit may be allowed for any taxable year unless the Green Building Certificate is approved by the Pasig City Green Building Board (PCGN Board): Provided further, that in no case shall the tax credit be more than ten percent (10%) of the total amount of Real Property Tax due for the same taxable year, BUT not to exceed five (5) years.
   
   
6. Under the program, the Green Building shall be granted with a maximum of 10% deduction from real property tax: 2% if 1 STAR; 4% if 2 STAR; 6% if 3 STAR; 8% if 4 STAR; and 10% if 5 STAR.

Section 12. PENALTIES Any person who violats any provision of this Ordinance shall, upon conviction be penalized with fine from a minimum of Two Thousand Pesos (P2,000.00) up to maximum Five Thousand Pesos (P5,000.00) or imprisonment of two (2) months to one (1) year, both, at the discretion of the Court.  If the violator is a corporation or partnership, the penalty prescribed above shall be imposed upon the president and/or general manager or the managing partner, as the case may be, of the erring entity.  Theses penalties are without prejudice to the fillinf of the proper administrative, criminal or civil actions in the proper count, body or tribunal for violations of other laws.


Section 13. IMPLEMENTING RULES AND REGULATIONS. Within two (2) months from the effectivity of this Ordinance, the Pasig City Green Building Board (PCGB Board) shall prepare the implementing rules and regulations (IRR) of this Ordinance subject to the approval of the City Mayor.  The IRR shall be subject to periodic review of said Board.  In case of extreme necessity, said Board shall convene immediately to evaluate which portion is difficult to conform with and/or is counter to the objective of the City.

Section 14. BUDGETARY SUPPORT. Budget to implement this Ordinance shall initially be sourced from the unprogrammed budget of the City and shall be included in the budget of DRRM Fund thereafter under Climate Change programs.

Section 15. REPEALING CLAUSE. All local Ordinance of the Sangguniang Panlungsod of Pasig, Executive Order and Administrative Regulations of the Local Chief Executive, or parts thereof which are inconsistent with any of the provisions of this Ordinance are hereby modified or repealed accordingly.

Section 16. SEPARABILITY CLAUSE. Should any part or provision of this Ordinance be held unconstitutional or invalid by a competent court, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 17. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days following its complete publication in a newspaper of general circulation.

APPROVED, this 10th day of March 2016 at Pasig City

CHRISTIAN G. SIA Councilor	(Sgd.) ORLANDO R. BENITO Councilor
(Sgd.) REYNALDO R. SAN BUENAVENTURA III Councilor	CHARMIE Q. BENAVIDES Councilor
AUGUSTIN ALEXEE C. SANTIAGO Councilor	(Sgd.) ROSALIO D. MARTIRES Councilor
(Sgd.) GREGORIO P. RUPISAN, JR. Councilor	(Sgd.) WILFREDO F. SITYAR Councilor
RHICHIE GERARD T. BROWN Councilor	(Sgd.) CELESTINO U. CHUA Liga President
(Sgd.) FERDINAN A. AVIS Councilor Minority Floor Leader
(Sgd.) RICHARD C. EUSEBIO Councilor Majority Floor Leader
Attested by:
(Sgd.) IYO CHRISTIAN C. BERNARDO City Vice-Mayor Presiding Office
APPROVED:
(Sgd.) MARIA BELEN A. EUSEBIO City Mayor
Attested by:
(Sgd.) LOIDA U. VILLANUEVA Acting City Councilor Secretary