Integrated Urban Agriculture and Vertical Farming Act

flute of the socirtary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUG 27 A9:19 SENATE RECEIVED BY: S. No. 1257 Introduced by Senator Loren Legarda AN ACT PROMOTING INTEGRATED URBAN AGRICULTURE AND VERTICAL FARMING IN URBAN AREAS NATIONWIDE TO ENSURE FOOD SECURITY AND APPROPRIATING FUNDS, THEREFOR EXPLANATORY NOTE The right to adequate food and freedom from hunger is a protected human right under the 1987 Constitution. In the 2021 Global Food Security Index, the Philippines ranked 64th among 113• countries. 1 The Social Weather Station (SWS) survey revealed that an estimated 3.1 million Filipino families who experienced hunger in the first quarter of 2022 live in urban areas. Around eighteen percent (18%) of these families live in Metro Manila. According to SWS, the hunger rate in Metro Manila is the highest it has ever been since July 1998.2 Statistics also show that, in 2020, around forty-seven percent (47.41%) of the Philippines' population will live in urban areas and cities.3 Urban areas and cities will likely begin to house more than fifty percent (50%) of the country's population in the near future. The need to ensure food security amid the looming population and urban congestion should be urgently addressed. Towards this end, urban agriculture and vertical farming will be crucial to addressing the foreseeable crisis of food insecurity 1 The Economist Group, Global Food Security Index 2021, 32 (2021). 2 https://newsinfo.inquirer.net/1607293/3-1m-filipinos-experienced-hunger-in-q1-of-2022-sws-survey- shows 3 https://www.statista.com/statistics/455910/urbanization-in-philippines/

and the steady increase in prices of food commodities. Access to fresh backyard produce and healthy food should now be prioritized. Urban and vertical farming not only supports local and sustainable food systems but also helps improve the economic conditions of urban families as it can augment the household income by reducing the cost of food expenditures and potentially providing business opportunities to the family. Moreover, urban agriculture reduces the carbon footprint of mass-produced goods and production-related emissions since it minimizes transportation costs and the corresponding consumption of fossil fuels. In this regard, this bill seeks to promote urban agriculture and vertical farming using cost-effective and green agriculture systems and technologies in all metropolitan areas of the country to ensure sustainable food security, promote a green lifestyle, minimize damages to the environment, and advance an improved quality of life. For these reasons, the urgent passage of this bill is earnestly sought. LOREN LEGARDA

Sendit Office of thie sorrietary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG 27 A9:19 SENATE RECEIVED BY: 1257 S. No._ Introduced by Senator Loren Legarda AN ACT PROMOTING INTEGRATED URBAN AGRICULTURE AND VERTICAL FARMING IN URBAN AREAS NATIONWIDE TO ENSURE FOOD SECURITY AND APPROPRIATING FUNDS, THEREFOR Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled:

Section. 1. Short Title. - This Act shall be known as the " Integrated Urban

2 Agriculture and Vertical Farming Act".

Sec. 2. Declaration of Policy. - The State shall promote and protect the

4 fundamental right of every person to adequate food and freedom from hunger. 5 Recognizing the challenges to food security and ecological balance in urban areas, the 6 State shall optimize the use and productivity of urban land resources and spaces to 7 support sufficient and sustainable food production. Towards this end, the State shall promote the development of modern, cost- 9 effective, space-efficient, and environmentally-safe agriculture technologies in urban areas to achieve sustainable food production and food security, promoting agro- ecology, ensuring public and mental health and thus improving the quality of life of urban populations. In doing so, the State shall prioritize the conservation of the country's genetic biodiversity, and endemic and heirloom flora and fauna as a strategy for climate change adaptation, mitigation and resiliency. Accordingly, the State shall ensure the integration of principles, strategies and technologies on urban agriculture in urban planning, and instill a love of farming among urban dwellers most especially the youth.

Sec. 3. Definition of Terms. - As used in this Act:

(a) Agro-ecology refers to a scientific discipline and set of practices that studies how different components of the agroecosystem interact and seeks sustainable farming systems that optimize and stabilize yields. It applies ecological concepts and principles to manage interactions among plants, animals, humans and the environment for food security and nutrition; (b) Community Gardens refer to any piece of land cultivated by group of people using either individual or shared plots on public or private land with the consent of the owner, to produce edibles, such as herbs, vegetables, fruits or ornamentals, as a form of sustainable land use system for economic and societal development. Community gardens may be found in neighborhoods and schools, or connected to institutions such as hospitals, or located on the grounds or roofs of shared housing, such as tenements and apartment complexes; (c) Food Forest Gardening refers to multi-layered crop farming or low maintenance and sustainable method of food production that is based on woodland ecosystems, incorporating fruit and nut trees, shrubs, herbs, vines, and perennial vegetables which yields are directly useful to humans. It also refers to a system of agroforestry that creates a diverse, productive, healthy, ecologically-sound and sustainable system of land use (d) Food security refers to a situation wherein all people have access to sufficient, safe, nutritious food, at all times, to maintain a healthy and active life; (e) Food system refers to a complex web of activities involving the production, processing, transport, and consumption of food. Issues concerning the food system include the governance and economics of food production, its sustainability, the degree to which we waste food, how food production affects the natural environment and the impact of food on individual and population health;

(f) Good Agricultural Practices refer to the practices that address environmental, economic, and social sustainability for on-farm processes, which result in safe and quality food and non-food agricultural products; (g) Idle lands refer to non-agricultural lands in urban and urbanizable areas on which no improvements have been made by the owner, as certified by the city, municipal or provincial assessor. "Idle government lands" refer to lands owned by any government entity that have been idle and have not been used for the purpose for which they have been reserved for the past ten (10) years; (h) Indoor farming refers to controlled environment agriculture which aims to optimize plant growth to house vertical farming techniques in greenhouses, warehouses, abandoned buildings, shipping containers, tunnels, skyscrapers, and modem buildings using soilless farming techniques such as hydroponics, aquaponics, and aeroponics; (i) Integrated urban agriculture refers to the development paradigm that encompasses principles, management technologies, and policies relating to the practice and application of agricultural and fisheries production of food and goods in urban areas; G) Peri-urban areas refer to areas where urban and rural features and processes meet, interact, and intertwine, usually located between the city and countryside. Peri-urban areas are semi-dense clusters with a density of at least three hundred (300) inhabitants per square kilometer and a population of five thousand (5,000) or more, but are neither contiguous with nor within two (2) kilometers of an urban area; (k) Protected agriculture refers to the use of technologies that enclose crops to harvest higher yields, safer, cleaner, and of better quality even out of season by modifying the natural environment and protect crops against the elements which include high temperature, excessive rainfall, humidity, wind, birds, and insects; (l) Social preparation refers to the series of activities designed to prepare the underprivileged and homeless families to cope with the changes brought about by government development projects;

(m) Soilless agriculture refers to the method of growing plants that do not rely on the soil as a source of nutrients and water; common methods are hydroponics, aquaponics and aeroponics; (n) Urban areas refer to classification as may be made by the Philippines Statistics Authority (PSA) which under PSA Resolution No. 01, Series of 2017-098, covers any of the following: (i) If a barangay has a population size of five thousand (5,000) or more; (i) If a barangay has at least one establishment with a minimum of one hundred (100) employees; and (iii) If a barangay has five (5) or more establishments with a minimum of zero (0) employee, and five (5) or more facilities within a radius of two (2) kilometers from the barangay hall; (o) Urban planning refers to multi-disciplinary art and science of analyzing, specifying, clarifying, harmonizing, managing, and regulating the use and development of land and water resources, in relation to their environs, for the development of sustainable communities and ecosystems in urban and urbanizable areas; (p) Urbanizable areas refer to sites and lands which, considering the present characteristics and prevailing conditions, display marked and great potential of becoming urban areas within the period of five (5) years; and (q) Vertical farming refers to the methods or practices of increasing the number of plants grown in an area by growing crops in vertically stacked layers; such as generally done in greenhouses, warehouses, abandoned buildings, shipping containers, tunnels, skyscrapers, and modern buildings using soilless farming techniques such as hydroponics, aquaponics, or aeroponics.

Sec. 4. Coverage. - This Act shall cover idle or abandoned government or

private lands, buildings, shipping containers, subdivisions or villages, public housing, open spaces in all urban, peri-urban, and urbanizable areas in the country; and all available land resources and buildings in schools, state or private universities and colleges, military camps suitable for growing crops and raising poultry, livestock and

1 aquaculture: Provided, That, the utilization of idle lands for urban agriculture purposes 2 shall not be used as grounds for the eviction of informal settler families occupying the 3 lands: Provided further, That, the raising of poultry and livestock shall be limited to 4 urbanizable areas and all livestock raising shall be subject to health and safety 5 standards and regulations issued by the Department of Health (DOH), Department of 6 Environment and Natural Resources (DENR), Department of Human Settlements and 7 Urban Development (DHSUD), and other relevant government agencies.

Sec. 5. Urban Farming. - Local government units (LGUs) shall formulate a

9 policy on the practice of integrated urban farming and the utilization unused spaces 10 and idle lands. This shall require enactment of local legislation institutionalizing urban gardening or agriculture in all levels of the LGU. This shall also require LGUs to enact measures or ordinances that shall include urban gardening or agriculture as a regular component in budget appropriations of the LGU. LGUs shall identify and develop these idle government and private lands and buildings, without prejudice to the rights of owners of private lands, buildings, and open spaces, within their jurisdiction, for full or partial conversion solely to community gardens, food forest gardens, indoor farms and/or vertical farms to support food security and community nutrition: Provided, That, food forest gardens and urban farms adopting agroecological principles shall be the priority form of urban agriculture wherever applicable and feasible: Provided further, That, spaces allocated for urban agriculture and aquaculture shall not be prime lots. All LGUs, in coordination with the Department of Agriculture (DA) and the Cooperative Development Authority (CDA), shall capacitate neighborhood associations and people's organizations, facilitate the organization and registration of community-based cooperatives, undertake community gardening, and establish community farmers' markets. Nothing in this Act shall be construed to limit or extinguish the rights of owners to their private lands and spaces without their consent or without their receipt of just compensation, in case of expropriation. The DHSUD shall ensure that the design and development of the subdivision, condominium, and public housing projects have provisions for adequate spaces for community gardens, food forest gardens, greenhouse agriculture, roof gardens, indoor farms, and vertical farms. Towards this end, the DHSUD, in coordination with

1 the DA, shall capacitate homeowners' associations to undertake community gardening 2 and vertical farming. The DA shall provide the necessary technical assistance and support services, 4 including the provision of seeds and seedlings and gardening tools, access to loans 5 from government financial institutions, and training workshops that shall capacitate 6 various stakeholders. It may assist in the design, establishment, promotion, and 7 regulation of indoor and vertical farming machinery and facilities to ensure the full productivity of community gardens, school gardens, food forest gardens, greenhouse 9 farms, roof gardens, and indoor and vertical farms. The DA shall ensure that the 10 technical assistance it provides is consistent with Philippine Good Agricultural Practices (PHILGAP) or a set of standards and regulations ensuring food quality and safety, facilitation of market access, the establishment of community farmers' markets, and reduction in non-compliance with issuances regarding permitted pesticides and other contamination hazards, as provided under Republic Act No. 10611, otherwise known 15 as the "Food Safety Act of 2013", and relevant laws. The DA, in coordination with the Department of Science and Technology (DOST), DENR, the Department of Energy (DOE), and the Department of Public Works And Highways (DPWH) shall also undertake the establishment of rainwater harvesting facilities in compliance with Republic Act No. 6716, entitled, "An Act Providing for the Construction of Water Wells, Rainwater Collectors, Development of Spring and Rehabilitation of Existing Water Wells in All Barangays in the Philippines," renewable energy systems and solid waste management systems, including waste-to-energy facilities, to provide a sustainable supply of water, energy, and compost to community gardens, food forest gardens, and urban farms.

Sec. 6. Urban Agriculture and Aquaculture in Urban Planning. - The DHSUD, in

coordination with the DA, shall ensure the integration of concepts and principles of urban agriculture and its relationship to other processes in the food system in urban planning. Accordingly, the DHSUD and DA shall promote sustainable, smart, and organic food production systems that harness the benefits of new technologies and methods in soil, nutrient, water, and energy management, such as composting, rainwater harvesting, and utilization of renewable energy. The DHSUD shall also ensure the rational use of land resources in urban planning to promote a sustainable

1 peri-urban interface, as well as for the spatial requirements of supply chain 2 management and logistics to strengthen urban-rural foodshed linkages. Towards these ends, the DHSUD shall promulgate guidelines for the 4 harmonization of the comprehensive land use plans and zoning ordinances of LGUs 5 with urban agriculture policies, frameworks, strategies, and standards. All LGUs are 6 hereby mandated to incorporate urban agricultural development in their respective 7 Annual Development Plans, Annual Investment Plans, Physical Framework Plans, and 8 Development Master Plans including the hiring of agriculturists and agricultural and 9 biosystems engineers to carry out urban agriculture program. Likewise, LGUs, with the assistance of the DA, Department of Interior and Local 11 Government (DILG) and the Department of Information and Communications Technology (DICT), shall establish and maintain a digital information system to facilitate the efficient collection, management, and analysis of urban food systems, agriculture and nutrition data, as well as the monitoring and evaluation of LGU performance vis-a-vis the food system, agriculture and nutrition targets, to inform local planning, policy-making and programming bodies, and to ensure open public access to data.

Sec. 7. Urban Agriculture/Aquaculture Education. - The Department of

19 Education (DepEd) and the Commission on Higher Educations (CHED), with the 20 technical assistance of the DA, shall integrate urban agriculture into the academic curriculum for elementary, secondary, and tertiary level students of both public and private academic institutions offering courses in Agriculture, Practical Arts, Home Economics and other subjects related to agriculture. A course curriculum on gardening shall be developed and included in the regular curriculum of elementary and secondary education. Instructional materials shall likewise be developed utilizing advanced techniques of crop and food animal production, urban agriculture and farming, and cultivating awareness and appreciation of genetic biodiversity, heirloom, and endemic flora and fauna, and agroecological principles. The DepEd, with the assistance of the DA, shall strengthen the implementation of its Gulayan sa Paaralan Program in elementary and secondary schools. The establishment of school gardens shall be encouraged to ensure a continuous supply

1 of vegetables for school feeding, in accordance with Republic Act No. 11037, otherwise 2 known as the "Masustansyang Pagkain Para sa Batang Filipino Act'. For universities and colleges, urban agriculture shall form part of the required period of time spent by students in the National Service Training Program. A plan for the utilization or maximization of space occupied by schools shall be formulated 6 specifically for urban agriculture purposes. The DepEd, in coordination with the CHED, shall promulgate the necessary rules and regulations for the implementation of this Section within six (6) months from 9 the date of effectivity of this Act.

Sec. 8. Urban Agriculture Awareness Campaign. - The DILG, National Nutrition

11 Council, and LGUs are mandated to formulate policies on urban farming in consonance with the provisions of this Act and be at the forefront of community-based education and awareness campaigns. For this purpose, LGUs shall mobilize existing structures and local bodies such as the provincial, city, and municipal agricultural offices, the provincial, city, municipal and barangay agriculture and fishery councils, the provincial, city, municipal, and barangay federation of Sangguniang Kabataan (SK) and the youth sector represented in any local special body under LGUs. The Department of Social Welfare and Development (DSWD) shall integrate urban agriculture and community nutrition into the seminar, workshops, and training programs to educate qualified household beneficiaries of the Pantawid Pamilyang Filipino Program (4Ps).

Sec. 9. Comprehensive Research and Development on Urban Agriculture. - The

DA and the DOST, as well as relevant state universities, government research and development institutions, and the private sector shall intensify research on methods and technologies to support urban agriculture, including the development and operation of sustainable demonstration urban community gardens, food forest gardens, greenhouse, indoor, roof, and vertical farms, as an instrument to address food security concerns and regenerate ecosystem functions in the Philippines. Idle and/or abandoned government lots and buildings owned by either the National Government or LGUs or available land resources in state universities and colleges shall be considered for growing crops, raising livestock, and producing food using the said methods.

The DA and DOST shali support and launch research activities to expand the 2 knowledge and understanding of urban agriculture and vertical farming to be used in 3 food production. A renewed investment in advanced technology research in order to adopt state-of-the-art technologies to improve agricultural productivity shall be 5 launched pursuant thereto.

Sec. 10. Incentives. - Compliance by subdivision and condominium developers

7 and owners with Section 5 of this Act may qualify them for incentives provided for under Republic Act No. 10771, otherwise known as the " Philippine Green Jobs Act of 9 2016", subject to the rules and regulations promulgated by the Department of Finance 10 and the DHSUD. LGUs shall also grant necessary incentives to their constituents who actively participate in urban farming activities. The commitment and performance of LGUs in the implementation of this Act shall be included in the criteria for the awarding of the Seal of Good Local Governance and the provision of incentives, provided for under Republic Act No. 11292, otherwise known as " The Seal of Good Local Governance Act of 2019." Loans extended by the government and private banks to participating individuals, corporations and partnerships shall be treated in compliance with Republic 19 Act No. 10000, otherwise known as " The Agri-Agra Reform Credit Act of 2009".

Sec. 11. Inter-Agency Coordination. - There is hereby established a National

Convergence Program on Urban Agriculture and Aquaculture. The DA is hereby designated as the Lead Implementing Agency and the Secretariat of the Convergence Program. The following agencies shall perform duties and responsibilities in order to develop and sustain concerted action to promote urban agriculture: (a) The DA shall provide technical assistance and support services to LGUs, homeowners' community-based cooperatives, associations, neighborhood associations, and people's organizations to ensure the viability and cost-effectiveness of urban agriculture projects and through its Bureau of Agricultural and Fisheries Engineering, shall provide the design, specifications, establishment strategies, promotion, regulation and technical assistance in the fabrication of production

models of indoor farming, vertical farming, and other urban agriculture machinery, equipment, and facilities; (b) The DHSUD shall encourage the integration of urban agriculture principles, policies, strategies, frameworks, and standards in the design and development of subdivisions and condominium projects. The DHSUD shall ensure such integration in public housing projects and in the preparation or updating of development and investment plans, CLUPs, and zoning ordinances of LGUs. The DHSUD shall also promulgate the necessary rules and monitor compliance therewith. The DHSUD shall provide assistance to homeowners' associations to strengthen their capacity to undertake urban agriculture or aquaculture projects in their neighborhoods and communities; (c) The DILG shall monitor the compliance of LGUs with the provisions of this Act in order to determine their qualification for the incentives provided under R.A. No. 11292; (d) The DepEd shall integrate the principles and practice of urban agriculture using advanced crop production techniques like soilless agriculture, indoor farming, or vertical farming to include modern methods of irrigation and automated systems into the primary and secondary education curricula, including the establishment of school gardens under the Gulayan sa Paaralan Program. The DepEd shall ensure adequate capacity-building programs such as training- workshop, hands-on training, or immersion program for teachers and the development of appropriate instructional materials such as educational videos and manuals for this purpose; (e) The DOST shall conduct research on modern, cost-effective methods and technologies to support urban agricultural production, as well as post-harvest handling of surplus produce from urban agriculture projects; (f) The DTI shall provide technical assistance in the processing and packaging of surplus produce from urban agriculture and aquaculture

projects and ensure access of local government units, cooperatives, homeowners' associations, and people's organizations to markets; (g) The Department of Finance (DOF) shall administer the grant of incentives under Section 10 of this Act to qualified persons based on their compliance with Section 5 of this Act; (h) The Department of Budget and Management (DBM) shall ensure adequate funding for the functions and programs provided by this Act; (i) The CHED shall develop and implement a curriculum on capacity- building programs such as training-workshop, hands-on training or immersion program, and related standards and instructional materials in support of urban agriculture; G) The DPWH in compliance with R.A. No. 6716 is mandated to undertake the construction of water wells, rainwater collectors, development of springs, and rehabilitation of existing water wells in all barangays in the Philippines, taking into consideration the population, hydrologic conditions, costs of project development, and operations, financial and economic factors and institutional arrangements; (k) The National Nutrition Council and the Food and Nutrition Research Institute shall assist the DepEd in identifying the crops to be cultivated on school farms and in preparing nutritious food, pursuant to standardized menus to ensure child nutrition provided for under R.A. No. 11037, and in developing the modules on nutrition; (I) The CDA shall provide guidance and assistance to LGUs in the development of cooperatives within their jurisdiction; (m) The Presidential Commission for the Urban Poor shall undertake social preparation activities to encourage participation and empower poor and underprivileged communities from the preparation and planning to implementation and evaluation of urban development projects; (n) The Philippine Information Agency shall undertake a nationwide information campaign, utilizing all forms of media, to raise awareness and encourage the participation of the public in the implementation of this Act, in close coordination with other cuitural agencies such as the

National Commission for Culture and Arts (NCCA) and the Film Development Council of the Philippines (FDCP); (0) The Council for the Welfare of Children shall integrate urban agriculture in the formulation of programs and measures providing dynamic leadership in ensuring a child-friendly and child-sensitive society; and (P) The National Youth Commission, as the Philippine government's sole policy-making body on youth affairs and consistent with its role in coordinating and implementing programs designed to help the youth become more aware of the issues surrounding them, shall include an appreciation of urban agriculture.

Sec. 11. Performance Report to Congress. - The DA and partner agencies in

the National Convergence Program on Urban Agriculture and Aquaculture shall submit annual performance reports to Congress.

Sec. 12. Appropriations. - The funds necessary to carry out the initial

implementation of this Act shall be charged against the respective budget of concerned agencies for the current year. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 13. Implementing Rules and Regulations. - Within ninety days (90) from

the effectivity of this Act, the agencies under the National Convergence Program on Urban Agriculture and Aquaculture shall promulgate the necessary implementing rules and regulations to implement the provisions of this Act.

Sec. 14. Separability Clause. - If any part or provision of this Act shall be

declared unconstitutional or invalid, the other parts or provisions hereof, which are not affected thereby, shall continue to remain in full force and effect.

Sec. 15. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations, issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication either in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,