Republic Act 10771
Philippine Green Jobs
Act of 2016
April 29, 2016
S. No. 3092
H. No. 6100
Republic
of the Philippines
Congress of the Philippines
Metro Manila
Sixteenth
Congress
Third
Regular Session
Begun
and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand fifteen.
[REPUBLIC ACT NO. 10771]
AN ACT PROMOTING THE
CREATION OF GREEN JOBS, GRANTING INCENTIVES AND APPROPRIATING FUNDS THEREFOR
Be it
enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. – This Act shall
be known as the “Philippine Green Jobs Act of 2016”.
SEC. 2. Declaration of Policy. – It is the
declared policy of the State to:
(a)
Affirm labor as a primary social economic force in promoting sustainable
development;
(b)
Afford full protection to labor, local and overseas, organized and unorganized,
and promote full and productive employment and equality of employment
opportunities for all; and
(c)
Promote the rights of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
The
State shall identify needed skills, develop training programs, and train and
certify workers for jobs in a range of industries that produce goods and render
services for the benefit of the environment, conserve natural resources for the
future generation, and ensure the sustainable development of the country and
its transition into a green economy. In recognition of the participation of
individuals and business enterprises in jobs creation, the State shall provide
incentives therefor.
SEC. 3. Coverage. – This Act shall
apply to all business enterprises unless otherwise provided herein.
SEC. 4. Definition of Terms. – As used in this
Act:
(a) Business
enterprises refer to establishments engaged in the production,
manufacturing, processing, repacking, assembly, or sale of goods and/or
services, including service-oriented enterprises. It shall include
self-employed or own-account workers, micro, small, and medium enterprises
(MSMEs) and community-based business enterprises;
(b) Climate
change refers to a change in climate that can be identified by changes
in the mean or variability of its properties and that persists for an extended
period typically decades or longer, whether due to natural variability or as a
result of human activity;
(c) Green
jobs refer to employment that contributes to preserving or restoring
the quality of the environment, be it in the agriculture, industry or services
sector. Specifically, but not exclusively, this include jobs that help to
protect ecosystems and biodiversity, reduce energy, materials and water
consumption through high efficiency strategies, decarbonize the economy, and
minimize or altogether avoid generation of all forms of waste and pollution.
Green jobs are decent jobs that are productive, respect the rights of workers,
deliver a fair income, provide security in the workplace and social protection
for families, and promote social dialogue.
(d) Green
economy refers to one which is low-carbon and resource-efficient, and
results in the generation of green jobs and in improved human well-being and
social equity, while significantly reducing environmental risks and ecological
scarcities;
(e) Green
goods and services refer to goods and services that benefit the
environment or conserve natural resources, and may include research and
development, installation and maintenance services;
(f) Green
technologies refer to the development and application of products,
equipment and systems used to conserve the environment and natural resources;
and
(g) Sustainable
development refers to development that meets the needs of the present
generation without compromising the ability of the future generations to meet
their own needs.
SEC. 5. Incentives. – For the purpose
of encouraging business enterprises to generate and sustain green jobs as
certified by the Climate Change Commission, as provided in Section 6(o) hereof,
business enterprises shall enjoy the following incentives:
(a)
Special deduction from the taxable income equivalent to fifty percent (50%) of
the total expenses for skills training and research development expenses which
is over and above the allowable ordinary and necessary business deductions for
said expenses under the National Internal Revenue Code of 1997, as amended; and
(b)
Tax and duty free importation of capital equipment: Provided, That
the capital equipment is actually, directly and exclusively used in the
promotion of green jobs of the business enterprise.
Incentives
that will be granted under this Act shall be in addition to fiscal and
non-fiscal incentives already granted or provided under existing laws, orders,
issuances and regulations. Nothing in this Act shall be interpreted or
construed to diminish or limit, in whatever manner, the incentives granted or
provided under existing laws, orders, issuances and regulations which shall
include, but not limited to, Republic Act No. 10121 or the “Philippine Disaster
Risk Reduction and Management Act of 2010”; Republic Act No. 10068 or the
“Organic Agriculture Act of 2010”; Republic Act No. 9513 or the “Renewable
Energy Act of 2008”; Republic Act No. 9367 or the “Biofuels Act of 2006”;
Republic Act No. 9275 or the “Philippine Clean Water Act of 2004”; Republic Act
No. 9003 or the “Ecological Solid Waste Management Act of 2000”; Republic Act
No. 8749 or the “Philippine Clean Air Act of 1999”; and Republic Act No. 8550
or the “Philippine Fisheries Code of 1998”.
SEC. 6. Role of Agencies. –
(a) The Department of Labor and Employment
(DOLE) shall, in coordination with other government agencies, formulate a
National Green Jobs Human Resource Development Plan on the development,
enhancement and utilization of the labor force, both in the private and public
sectors. The plan shall have the primary objective of enabling and sustaining
the transition into a green economy and the generation of green jobs towards
more employment and equal opportunities and the promotion of social justice and
workers’ welfare. It shall include programs, projects, and activities pertaining
to basic, higher and technical-vocational education and training, database that
identifies and links green job opportunities with private and public entities,
and information on knowledge and skill requirements of a green economy.
The
DOLE, in coordination with the Philippine Statistics Authority (PSA), shall
also maintain a database of green careers, professions and skills, as well as a
list of emerging business enterprises, which generate and sustain green jobs.
It shall facilitate skills training assessment and certification, career
advocacy, provide productivity and livelihood training, and extend technical
assistance to enterprises to ensure labor law compliance.
(b) The Department of Finance (DOF) shall
administer the grant of incentives as discussed in Section 5 of this Act to
qualified individuals and business enterprises engaged in registered strategic
activities, and shall maintain a database on the same.
(c) The Department of Environment and Natural
Resources (DENR) shall establish and maintain a climate change information
management system and network as reference in the formulation of strategies and
approaches to develop potential green jobs.
(d) The Department of Education (DepED) shall implement faculty, facility
and curriculum development for primary and secondary education in support of
the knowledge and skills requirement of a green economy.
(e) The Commission on Higher Education (CHED)
shall develop and implement curriculum and related standards and instructional
materials in support of the green economy.
(f) The Technical Education and Skills
Development Authority (TESDA) shall formulate the necessary training
regulations for the implementation of skills training, program registration and
assessment and certification in support of the requirements for skilled
manpower of the green economy.
(g) The National Economic and Development
Authority (NEDA) shall ensure the mainstreaming of green jobs concern in
development plans.
(h) The Department of Trade and Industry (DTI)
shall develop a special business facilitation program for individuals and
business enterprises that create green jobs.
(i) The Professional Regulation Commission
(PRC) shall encourage the development of qualifications framework that can
facilitate the recognition of knowledge, skills, and competencies of
professionals working in the green economy.
(j) The Department of Science and Technology
(DOST) shall, together with the TESDA, assist the DOLE in analyzing skills,
training and re-training needs in relation to the use of green technology that
has the potential to create new green occupations and greener jobs, especially
in industries or sectors undergoing structural changes due to climate change
and greening of the economy. It shall also provide a range of business
development support to MSMEs. These may include prototyping or modeling of
technologies, conducting assessment to match technological needs and demands,
subcontracting business to develop clean technologies, providing technical
written guides, procedures as well as instructions and training on clean
technology for business.
(k) The Department of Transportation and
Communications (DOTC) shall ensure the mainstreaming of green jobs concern
in its sectoral development plan and encourage more investments in public
transport infrastructure and services to optimize the potential of public
transport to foster green growth and job creation. It shall also explore
strategies of shifting to more environmentally friendly modes of transport and
improving the efficiency of all modes of transportation.
(l) The Department of Tourism (DOT) shall
outline sustainable tourism planning and integrated approach for the promotion
of job rich sustainable tourism industry.
(m) The Department of Public Works and Highways
(DPWH) shall develop and implement programs that promote the importance of
green building practices in safeguarding the environment and its role in
sustainable economic development.
(n)
Any provision in their respective charters to the contrary notwithstanding,
government financial institutions (GFIs) shall, in consultation with the Bangko Sentral ng Pilipinas (BSP),
provide preferential financial packages to business enterprises that create
green jobs.
(o) The Climate Change Commission (CCC), in
consultation with concerned agencies, such as the DENR, the DTI, the DOLE, the
Department of Agriculture (DA), the Department of Energy. (DOE), the Department
of the Interior and Local Government (DILG), and the DOST, shall develop and
administer appropriate standards for the assessment and certification of green
goods and services, and green technologies and practices for the purpose of
regulating the availment of incentives and ensuring green jobs content pursuant
to the National Green Jobs Human Resource Development Plan as provided in
Section 6(a) hereof.
SEC. 7. Role of the Secretary of Labor and
Employment. – The Secretary of Labor and Employment shall
be included as an additional member of the Climate Change Commission
constituted under Section 5 of Republic Act No. 9729, as amended or the
“Climate Change Act of 2009”.
SEC. 8. Appropriations. – The amount necessary
to carry out the operation of this Act shall be included in the annual General
Appropriations Act.
SEC. 9. Implementing Rules and Regulations. – Within one hundred
eighty (180) days from the effectivity of this Act, the Secretary of Labor and
Employment, in coordination with concerned agencies as may be deemed necessary,
shall formulate the necessary rules and regulations to implement the provisions
of this Act.
SEC. 10. Separability Clause. – Should any
provision of this Act be declared unconstitutional, the remainder thereof not
otherwise affected shall remain in full force and effect.
SEC. 11. Repealing Clause. – Section 5 of Republic
Act No. 9729, as amended or the “Climate Change Act of 2009”, is deemed amended
or modified by Section 7 of this Act. All other existing laws, presidential
decrees, executive orders, proclamations or administrative regulations that are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
SEC. 12. Effectivity. – This Act shall take
effect fifteen (15) days following the completion of its publication in
the Official Gazette or in two (2) newspapers of general
circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.)
FRANKLIN M. DRILON
President
of the Senate
Senate Bill No. 3092, which was approved by the
Senate on February 1, 2016, was adopted as an amendment to House Bill No. 6100
by the House of Representatives on February 2, 2016.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
(Sgd.) OSCAR G. YABES
Secretary of the Senate
Approved: APR 29
2016
(Sgd.) BENIGNO S. AQUINO III
