POLICIESImplementing Rules and Regulations.
REPUBLIC ACT NO. 11285
Signed on May 09, 2020
The Philippines as a developing country has been continuously growing together with other ASEAN members. With this growth rate, the demand for energy from various sectors and the greenhouse gas emissions (GHG) are comparatively getting higher. These two factors can play vital roles in the development of the country and therefore need to be mitigated. The use of efficient, state-of-the-art technology can help in reducing GHG emissions and energy demand. Likewise, utilization of renewable energy resources as a complementary energy source can significantly contribute to lowering energy intensity in the country.
The IRR of RA 11285 was signed on November 22, 2019 and effective on December 21, 2019. The Act aims to establish a framework for introducing and institutionalizing fundamental policies on energy efficiency and conservation, including the promotion of efficient and judicious utilization of energy, increase in the utilization of energy efficiency and renewable energy technologies, and the delineation of responsibilities among various government agencies and private entities. The Department of Energy (DOE) shall be the lead agency in the implementation of this Act. It shall be responsible for the planning, formulation, development, implementation, enforcement, and monitoring of energy management policies and other related energy efficiency and conservation plans and programs.
In Rule IV Section 6, all government agencies including Government-owned and -controlled corporations shall ensure the efficient use of energy in their respective offices, facilities, transportation units, and in the discharge of their functions. In Section 28, the Local Government Units shall establish their respective Energy Efficiency and Conservation Office (EECO) headed by an Energy Efficiency and Conservation Officer, the LGUs through their respective EECOs and planning and development offices, with the assistance of the DOE and in coordination with the Department of Interior and Local Government (DILG), shall develop and implement their respective Local Energy Efficiency and Conservation Plan (LEECP) and incorporate these in their local development plans. LGUs shall likewise assist DOE in monitoring compliance with the obligations of designated establishments.
All energy end-users shall use every available energy resource efficiency and promote the development and utilization of new and alternative energy-efficient technologies and systems, including renewable energy technologies and systems across sectors in compliance with the declared policies of this Act. In Section 35, an Inter-Agency Energy Efficiency and Conservation Committee (IAEECC) shall be created to evaluate and approve government energy efficiency projects, as defined under this Act, and to provide strategic direction in the implementation of the Government Energy Management Program. The IAEECC shall be composed of the secretaries of the DOE, DBM, DOF, DOTr, DOST, DILG, and DPWH, and the Director-General of the NEDA. The DOE Secretary shall serve as the IAEECC Chairperson. The Energy Utilization Management Bureau of the DOE shall serve as the IAEECC’s Secretariat.
In Rule X Section 49, a certification system and assessment of ECO and EM shall be established in pursuit of raising the professional standards of the energy management industry. Likewise, the existing certification system of Energy Service Companies shall be strengthened by the DOE to develop this service sector and to provide the market with a source of technically and financially capable entities that can assist in the delivery of energy efficiency-related projects.
In Rule XI Section 55, the Minimum Energy Performance for the commercial, industrial, and transport sectors shall be developed by the DOE, in consultation with relevant stakeholders, and guided by a cost-benefit analysis which shall be completed by the DOE with the assistance of the NEDA. All manufacturers, importers, distributors, and retailers of energy-consuming products shall comply with the MEP, subject their energy-consuming products to energy performance testing, and submit their respective product information to the DOE. All manufacturers, importers, distributors, and retailers of energy-consuming products shall comply with the MEP, subject their energy-consuming products to energy performance testing, and submit their respective product information to the DOE.
In Rule XII Section 58, the DOE shall prescribe energy labels for all energy-consuming products, devices, and equipment. The sellers of these products shall ensure that such energy labels are displayed accordingly, and shall provide information that shall assist consumers to make informed decisions on such products: Provided, that they shall ensure the integrity of the information submitted and made available to the public: Provided, further, That the DOE shall define the nature and scope of the information to be provided. Moreover, the DOE shall regularly select energy-consuming products and their models for examination, testing, and verification. As such, the DOE may require any manufacturer, importer, supplier, distributor, or retailer of energy-consuming products, devices, and equipment to make available, at such place as the DOE may specify, such number of products as the DOE considers to be reasonably necessary for examination and testing under this section. To ensure fuel efficiency for transport, vehicle manufacturers, importers, and dealers shall comply with fuel economy performance labeling requirements set by the DOE with the assistance of the DENR and the DOTr. The vehicle manufacturers, importers, and dealers shall provide technical information on the fuel economy rating of the engine that will allow the consumers to make an informed decision in choosing the vehicles for their use.
The thresholds for determining Type 1, Type 2, and Other Type designated establishments shall be periodically reviewed and adjusted, if deemed necessary, by the DOE. The Designated Establishments shall have various obligations such as integrating an energy management system policy based on ISO 500001, set up programs to develop and design measures that promote energy efficiency, conservation, and sufficiency that may include installation of renewable energy technologies, and set up annual targets, plans, and methods of measurements for the implementation of energy efficiency and conservation projects among others. The DOE shall have the authority to visit designated establishments to inspect energy-consuming facilities, evaluate energy management systems and procedures, identify areas for efficiency improvement, and verify energy monitoring records and reports and other documents related to the compliance requirements of this Act within office hours and in the presence of an authorized representative of the designated establishment.
Moreover, with the assistance of the Energy Regulatory Commission and the Philippine Economic Zone Authority, shall pursue a DSM program for the electric power industry for the reduction of energy consumption through effective load management resulting in the decrease of power demand and the migration of power demand from peak to off-peak periods or such measures undertaken by distribution utilities to encourage end-users to properly manage their loads to achieve efficiency in the utilization of fixed infrastructures in the systems.
Chapter 9, Section 28 – 33. This chapter contains the functions of DOE together with other government agencies in characterizing the hazardous wastes generated from energy-consuming devices, equipment, fixtures and other relevant items, in compliance with the Republic Act No. 6969 which is also known as the Toxic Substance and Hazardous and Nuclear Wastes Control Act of 1990. Moreover, this chapter states that the DOE, together with DENR and DILG, shall develop a Waste Management Collection, Recycling and Disposal Strategy (WMCRDS) to ensure that the hazardous wastes generated from these items shall be disposed properly to prevent the dangerous impacts to the environment and it shall include waste recovery and recycling of components of the devices, equipment, fixtures and other relevant items which are hazardous to the environment.