Sustainable Cities and Communities Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 4757 BY REPRESENTATIVES MERCADO-REVILIA, REVILLA (B.), REVILLA (R.J.), BENITEZ (J.M.), GUINTU, ADIONG, CO-PILAR, DE LIMA, GATCHALIAN, PADIERNOS, ROMULO, TERENG, OAMINAL (H.), ORETA, LABADLABAD, GALANG, FERRER (A), SAN FERNANDO, RIDON, ODUCADO, GONZALES (R.), LAGON (S.), SOLON, LOYOLA, RIVERA, SINGSON-MEEHAN, DE VENECIA, BULUT-BEGTANG, HERNANDEZ (C.A.), ORTEGA, KHONGHUN, DIONISIO AND GUTIERREZ AN ACT PROVIDING FOR THE DEVELOPMENT OF SUSTAINABLE CITIES AND COMMUNITIES IN THE COUNTRY 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 "Sustainable Cities and

Communities Act." to undertake a continuing program of urban land reform and housing which will make available

SEC. 2. Declaration of Policy. - The State shall, pursuant to the constitutional mandate

to underprivileged and homeless citizens decent and affordable housing, access to basic services, and adequate employment opportunities, and in consonance with the constitutional guarantees on social justice, general welfare, public health, and ecological balance, recognize the right to the city is upheld for all which encompasses the collective access to sustainable resources, meaningful participation in urban planning and governance, and social inclusion. It is likewise declared the policy of the State to promote inclusive, resilient, and sustainable urban development. To these ends, the State shall ensure the inclusive use of urban space for housing and livelihood, improve access to basic services, develop integrated public transportation systems and green infrastructures, protect ecosystems, and manage risks related to climate change and disasters.

Further, the State shall pursue programs to celebrate diversity and cultural heritage, foster creativity, innovation, and participation in urban planning and policy-making, and maintain public order and safety through the prevention of crime, violence and discrimination.

SEC. 3. Coverage. - All cities and municipalities, with a majority of barangays classified

as urban by the Philippine Statistics Authority (PSA), hereinafter referred to as urban areas, are hereby mandated to align their plans, programs and activities towards the full implementation of this Act.

SEC. 4. Guiding Framework for Sustainable Cities and Communities. - To fulfill its

economic, political and social functions, a local government unit covered under this Act shall conform with and implement plans, programs and activities, guided by Ambisyon 2040, the Philippine Standards for Sustainable Cities and Communities and the following guiding principles: (a) Inclusive urban circular economy which creates decent jobs with fair wages, supports entrepreneurship, creativity and innovation, ensures safe and non-discriminatory working environments, and promotes resource-efficient industries and consumption; displacement, marginalization, and gentrification; and ensures that urban development housing under different tenurial arrangements, giving priority to on-site resettlement, as well as universal healthcare, accessible education, adequate infrastructure, sustainable livelihood, food security and nutrition; and safe and inclusive public spaces that foster social cohesion; (c) Urban renewal which includes slum upgrading to improve housing, infrastructures and services; urban greening, including the promotion of urban agriculture for food security and communal wellness; and the development of inclusive, safe, accessible and enjoyable open spaces and parks; (d) Urban mobility and connectivity which provides for inclusive, safe, accessible, affordable, efficient and sustainable public transportation through the development of adequate transportation infrastructure, utilities and intermodal transportation systems, including non-motorized modes of transportation to strengthen global and urban-rural linkages and management; (e) Digital connectivity through the establishment and maintenance of information and communications technology (ICT) infrastructure and fast, secure, stable, and affordable internet connectivity to strengthen global and urban-rural linkages; (f) Urban safety which ensures freedom of all persons, regardless of gender, age, health status, income, nationality, ethnicity, and political, religious or sexual orientation from crimes and all forms of violence and discrimination in the workplace and public spaces; (g) Ecological balance which requires the sustainable management of natural resources; protection and conservation of biodiversity, natural ecosystems and landscapes; proper waste management and sanitation; provision of green infrastructures; and the development

and use of renewable energy sources in transportation, industry and households to reduce carbon footprint and improve water and air quality; (a) Disaster resilience and climate change adaptation by capacitating urban areas to adapt to and manage threats and risks posed by climate change and disasters upon the citizenry, especially vulnerable groups, and to facilitate post-disaster rehabilitation and recovery; (1) Cultural diversity which respects, protects, and promotes the diverse livelihoods, customs, memory, identities, expressions, and the sociocultural forms of its inhabitants; the preservation of tangible cultural heritage, such as artistic creations, historical sites and monuments; and safeguarding of intangible cultural heritage such as oral traditions, performing arts, indigenous knowledge and traditional skills, as well as the instruments, objects, artifacts and cultural spaces associated therewith; (i) Participatory urban governance which involves political participation in the formulation, implementation, and monitoring of urban policies, and the budgeting of urban programs to promote transparency, effectiveness, and inclusiveness in the engagement of a diverse set of inhabitants and their organizations, especially of urban poor and marginalized groups, upholding communal spirit and supporting community-building; and (k) Alignment of economic, social, and environmental policies between and among national, regional, city, and municipal government units, facilitating the achievement of the goals of each unit. The Department of Human Settlements and Urban Development (DHSUD) shall, in consultation with relevant government agencies, local government units, civil society organizations, the private sector and the academe, within 180 days from the effectivity of this Act, harmonize existing national housing and urban development plans with this Act and formulate, in coordination with the Department of the Interior and Local Government (DILG), the Department of Economy, Planning, and Development (DEPDev), and the PSA, a National Housing and Urban Development Sector Plan (HUDSP) to operationalize the goals of this Act, taking into consideration the unique and evolving economic, social and institutional contexts of the country. The NHUDSP shall provide short, medium, and long-term strategic plans to achieve the goals of this Act. The NHUDSP shall also generate estimates and projections to determine present and future demand for infrastructures and services in urban areas, and shall identify policy and program interventions to address challenges to sustainable urban development, and specific periodic targets and indicators and investment requirements thereof.

SEC. 5. Targets and Indicators. - In preparing the NHUDSP, the DHSUD, DEPDev,

DILG, and PSA shall be guided by the principles provided under Section 4 of this Act, as well as the targets and indicators set forth in the 2030 Agenda for Sustainable Development and the New Urban Agenda of the United Nations: (a) Urban population living in slums - measured in terms of proportion of urban population living in slums, informal settlements or inadequate housing;

(b) Public transport access - measured in terms of proportion of population that has convenient access to public transport, by sex, age, income group, and persons with disability; (c) Sustainable urbanization rates - measured in terms of ratio of land consumption rate to population growth rate; (d) Urban planning and management - measured in terms of proportion of cities with a direct participation structure of civil society in urban planning and management that operate regularly and democratically; (e) Protecting cultural heritage - measured in terms of total public and private expenditure per capita spent on the preservation, protection and conservation of all cultural and natural heritage; (f) Deaths and injuries from disasters - measured in terms of number of deaths, missing persons and directly affected persons attributed to disasters per 100,000 population; (g) Economic losses from disasters - measured in terms of direct economic loss in relation to global gross domestic product, damage to critical infrastructure and number of disruptions to basic services, attributed to disasters; (h) Solid waste management - measured in terms of proportion of urban solid waste regularly collected and with adequate final discharge out of total urban solid waste generated; (i) Urban air quality - measured in terms of the annual mean levels of fine particulate matter; () Open spaces in cities - measured in terms of average share of the built-up area of cities that is open space for public use for all, by sex, age and persons with disability; (k) Safe spaces in cities - measured in terms of proportion of persons who are victims of physical or sexual harassment, by sex, age, persons with disability, and place of occurrence, in the previous 12 months; (4) Urban and regional planning - measured in terms of proportion of population living in cities that implement urban and regional development plans integrating population projections and resource needs, by size of city; (m) Integrated disaster risk management - measured in terms of adoption and implementation of national disaster risk reduction strategies; (n) Local disaster risk management - measured in terms of adoption and implementation of local disaster risk reduction strategies in line with national disaster risk reduction strategies; (0) Urban economy - measured in terms of percentage of the labor force in the education and research and development sectors, and unemployment rate and number of businesses; (p) Innovation-geared education - measured in terms of the number of Science, Technology, Engineering, and Mathematics higher education degree programs being offered by an educational institution in the city;

1 (q) Use of renewable energy - measured in terms of percentage of consumed energy from renewable sources; (r) Universal healthcare - measured in terms of the number of in-patient hospital beds and physicians; (s) Food security - measured in terms of percentage of city budget spent on initiatives on urban agriculture; (t) Water and wastewater management - measured in terms of water consumption per capita, percentage of households with access to basic water supply, percentage of treated wastewater that is reused; (u) Access to ICT services - measured in terms of the proportion of population that has access to fast, secure, stable, and affordable internet services to cater and accommodate online or digital transactions or services necessary for the conduct of daily activities in the modern society; and (v) Such other targets and indicators as determined by the DHSUD, DEPDev, DILG, and PSA consistent with the principles that guide sustainable cities and communities as provided in

Section 4 of this Act: Provided, That at any time, but not more than once every five years,

such targets and indicators may be reviewed or revised as the need arises to conform to changes and new developments brought about by the latest trends in institutionalizing sustainable cities and communities.

SEC. 6. Urban Planning and Development. - The DHSUD shall, in coordination with

the DEPDev, DILG, and Department of Public Works and Highways, provide technical assistance to local government units in the integration of the pertinent provisions of this Act, the National Urban Development and Housing Framework, and the NHUDSP in their Annual Development Plans, Annual Investment Plans, Physical Framework Plans, Development Master Plans, Comprehensive Land Use Plans, Disaster Risk Reduction and Management Plans, and similar plans. National agencies and local government units shall ensure the genuine and adequate participation in urban, regional, spatial and environmental planning: Provided, That access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, and research data related to urban development to enable informed participation in the decision-making shall be made available pursuant to Section 7, Article III of the 1987 Constitution.

SEC. 7. Incentives for Sustainable Cities. - The DILG and the Department of Budget

and Management shall incorporate the annual targets set by the DHSUD, DILG, and DEPDev in the awarding of the Seal of Good Local Governance under Republic Act No. 11292, otherwise known as "The Seal of Good Local Governance Act of 2019." planning through the following: (a) Incentives for the private sector - The Department of Finance shall provide incentives to the participation of the private sector in the achievement of the goals identified under this

Act, in accordance with Republic Act No. 10771, otherwise known as the "Philippine Green Jobs Act of 2016"; Capacity building for communities - The DHSUD shall provide technical assistance to homeowners' associations, neighborhood associations, people's organizations, and other local organizations to empower them as partners in achieving the goals of this Act, and enable them to undertake community-level actions towards becoming sustainable communities; and Informed participation - Information, education and communication materials shall be developed to make the NHUDSP accessible to all. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, and research data related to urban development to enable informed participation in the decision-making process.

SEC. 9. Report to Congress. - The DHSUD, DEPDev, and DILG shall submit an annual

report on the performance of their respective duties provided for under this Act and the compliance of cities and urban municipalities to the provisions of this Act to the Congress of the Philippines, through the Committee on Housing and Urban Development of the House of Representatives and the Committee on Urban Planning, Housing and Resettlement of the Senate.

SEC. 10. Implementing Rules and Regulations. - Within six (6) months from the

effectivity of this Act, the DHSUD shall, in consultation with the DEPDev, DILG, PSA, League of Cities of the Philippines, League of Municipalities of the Philippines, civil society organizations, the private sector and the academe, promulgate the implementing rules and regulations for the effective implementation of this Act.

SEC. 11. Separability Clause. - If any provision of this Act or a portion thereof is

declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 12. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts

thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation. Approved,