AIRSHED GOVERNING BOARD: THE CEBU EXPERIENCE

1. AIRSHED GOVERNING BOARD: THE CEBU EXPERIENCE by:NESTOR D. ARCHIVAL Cebu City CouncilorChairman of the Committee on Environment

2. Outline • A. Introduction • B. Salient Features of the Clean Air Act of 1999 • C. Cebu City’s Experience • D. The Partners • E. Conclusion

3. Introduction * Every year there are 44 Million People being added to the population of Asian cities. *everyday 120,000 people are added to the population of Asian Cities *requiring the construction of more than 20,000 new dwellings, 240 km of new roads and additional infrastructure. *By 2020, the UN projects that every other Asian will be living in a city.

4. 1970 – unprecedented scale of urbanization in Asia is further illustrated by the fact the Asia-Pacific region included only eight cities containing more than five million inhabitants • But today there are more than thirty • Among the most populous megacities are Bangkok, New Delhi, Calcutta, Seoul, Jakarta, Osaka-Kobe, Manila, Bombay (Mumbai), Madras (Chennai) and Karachi. • Tokyo is the most populated city in the world, and is expected to remain 2025. • By 2015, Asia will have 15 of the 27 megacities in the world.

5. This rapid urbanization presents some very significant challenges within the region, including the provision of economic opportunity for large number of people. • The development of adequate infrastructure, and the maintenance of healthy, pollution free environments. • Expanding urban populations enjoy a higher standard of living and material influence compared to rural areas, resulting in a significant increase in energy consumption and greenhouse gas (GHG) emission. • Increasing demand for passenger mobility results in increased number of automobile, with attendant air pollution, energy consumption and GHG emission concerns.

6. Uncontrolled and unplanned growth in Asian cities has come at a heavy cost. • More than 12km² of productive agricultural land and foreshores are lost daily to generally poor-quality forms of urban development. • Many cities in Asia rely heavily on coal as the main source of commercial energy. • Coal consumption in developing Asian countries accounts for 44% of their total primary energy and 57% of their total commercial energy. • Air pollution levels in the most populated cities in Asia are reported to be among the highest in the world. • The World Health Organization estimates that 537,000 people in Southeast Asia and the pacific die prematurely each year due to air pollution.

7. Air quality deterioration is one of the most urgent environmental issues that require effective local response by the government units and the public at large. • In response to this global concern, our National Legislators crafted R.A. 8749, the Philippine Clean Air Act of 1999 and later on its Implementing Rules and Regulation

8. B. Salient features of the Clean Air Act of 1999 • It promotes and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. • Recognizes that the responsibility of cleaning the habitat and environment is primarily area-based and that air quality management and control is most effective at the level of airsheds. • To effectively carry out the formulated action plans, a Governing Board is hereby created. • The Secretary of the Department (DENR) is authorized to divide the geo-political regions of the country into Airshed (as further explain in Department Administrative Order). • Air Quality Management Fund is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases. • Legal Ramifications

9. AIRSHED • Areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmospheres; or • Areas which shave common interest or fare similar development programs prospects or problem. • Note: source Section 9, R.A. 8749, Philippine Clean Air Act of 1999 and Rule XV Section 2 of the IRR)

10. Rule XV, Section 1 of the IRR.Provides authority for the Secretary of the Department to divide the geo-political regions of the country into airsheds • The 11 Airshed Board; • DAO 2004-14 “Designation of Southern Negros Geothermal Airshed and its Governing Board”. • DAO 2004-13 “Designation of North Cotabato Geothermal Airshed and its Governing Board”. • DAO 2004-12 “Designation of Leyte Geothermal Airshed and its Governing Board” • DAO 2004-11 “Designation of Bacon-Manito Geothermal Airshed and its Governing Board” • DAO 2004-07 “Establishment of Northeastern Pangasinan Airshed and its Governing Board” • DAO 2004-05 “Establishment of Metro Tuguegarao (PIESTTA) Airshed and its Governing Board” • DAO 2003-47 “Designation of the Members of the Zamboanga City Airshed and its Governing Board” • DAO 2003-45 “Designation of the Members of the Governing Board for Metro Cagayan De Oro, Airshed, Province of Misamis Oriental, Region X”

11. DAO 2003-33 “Designation of the Members of the Naga City Airshed Governing Board Located in the Province of Camarines Sur, Bicol Region” • DAO 2003-16 “Designation of the Members of the Agusan del Norte Airshed Governing Board” • DAO 2003-04 “Initial Designation of the BLIST Airshed and the Creation of its Interim Governing Board” • DAO 2002-21 “Initial Creation of the Metro Cebu Governing Board”

12. Composition: Airshed Governing Board(Section 5, Rule XV, IRR) Sec. 9, RA 8749 • Provincial Governors from areas belonging to the air shed; • City/Municipal Mayors from areas belonging to air shed; • A representative from each concerned government agency • Representative from peoples organizations; • Representative from non-government organizations • Representative from private sectors • Deputy persons: DENR Regional Director & EMB Regional Director

13. Members of the Metro Cebu Airshed Board • Secretary of the Department of Environment and Natural Resources as Chairman; • Provincial Governor of Cebu; • City Mayors of Cebu City, Mandaue City, Lapu-Lapu City, Talisay City and Naga City; • Municipal Mayors of Cordova, Concolacion, Lilo-an, Compostela and Minglanilla • Note: Source DENR A.O. 2002-21, series of 2002

14. Functions: Air shed Governing Board (Sec. 6 RA 8749) • Formulation of Policies and standard -settings • Preparation of a common action plan • Coordination of functions among its members • Submission and publication of an annual Air Quality Status Report for each air shed

15. Rule XVI. Section 1, provides Air Quality Management Fund • Administered by the DENR as a special account in the National Treasury • Purpose: • To finance containment, removal, and clean-up operations of the Government in air pollution cases. • Guarantee restoration of ecosystem and rehabilitate areas affected • Support research, enforcement and monitoring activities and capabilities of the relevant agencies • Provide technical assistance to the relevant agencies

16. Use of Funds • Air Quality Management Fund will be used for activities that are in direct support of objectives outlined by the Board. • One third of the Fund will be reserved for national purposes while the remaining two thirds will be allocated among the airsheds.

17. Strategies • From the effectivity of the R.A. 8749, the Environment Advocate Lawyers sent notices to sue various cities in Cebu Province for non compliance of the act. • Such that Cebu City Government in collaboration with DENR and USAID-ECAP has been planning for the convening of the Metro Cebu Airshed Board since 2002 • However, because of the schedules of the Mayors the proposed convening of the Board did not materialized. • And the committee on Environment of the City of Cebu, DENR, USAID-ECAP formulated strategies.

18. C. City Experience • Last January 20, 2009, the Metro Cebu Airshed Board has finally convene

19. Metro Cebu Airshed Governing BoardRESOLUTION No- 2009-01 • RESOLVED, AS IT IS HEREBY RESOLVED, to convene the Metro Cebu Airshed Board on January 20, 2009; • RESOLVED FURTHER, that members of the Metro Cebu Airshed Board shall be composed of the Secretary of the Department of Environment and Natural Resources as Chairman, represented by the Regional Director of DENR-VII, and the following as members: Provincial Governor of Cebu, City/Municipal Mayors from Cebu City, Mandaue City, Lapu-Lapu City, Talisay City, Naga City, Cordova, Consolacion, Liloan, Compostela and Minglanilla; a representative from each concerned government agency namely:DOE, DTI, TESDA and LTO; representatives from people’s organizations namely: Fisherfolk Development Center and Rotary Cebu; representatives from non-government organizations namely:Kaabag sa Sugbo and representative from the private sector namely:VUDTRASCO, San Miguel Corp., Mandaue Chamber of Commerce, APO Cement Corp. and Gen. Milling Corp; • GREGORIO G. SANCHEZ, JR. Vice-Governor Cebu Province

20. Metro Cebu Airshed Governing BoardRESOLUTION No- 2009-02 • RESOLVED, AS IT IS HEREBY RESOLVED, to authorize each local chief executive of the Metro Cebu to designate through a Special Power of Attorney a permanent representative to the Board, in his/her absence to ensure attendance and representation in the Metro Cebu Airshed Board Meetings; • MICHAEL L. RAMA Acting Mayor Cebu City

21. Metro Cebu Airshed Governing BoardRESOLUTION No- 2009-03 • RESOLVED, AS IT IS HEREBY RESOLVED, to direct each local government unit to submit an Individual Action Plan within sixty (60) days after convening the Metro Cebu Airshed Board • AVELINO GUNGOB Mayor Consolacion, Cebu

22. Metro Cebu Airshed Governing BoardRESOLUTION No- 2009-04 • RESOLVED, AS IT IS HEREBY RESOLVED, to designate every first (1st ) Monday of every quarter the regular Metro Cebu Airshed Board Meeting; • JONAS CORTES Mayor Mandaue City

23. D. The Partners • Cebu City Government • DENR • USAID ECAP • Academe • NGO’s • Civil Society

24. G. CONCLUSION • R.A. 8749 was crafted to protect and promote the preservation of environment. • And as Public Officials we have the responsibility to pursue and attain its objective. • Therefore, it is a must that the Airshed Governing Board must be convened immediately. • We could have done this 10 years ago but we still have time before its too late.

25. THANK YOU VERY MUCH!