Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City, Metro Manila

iy? «FC EWVE.

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 172

Introduced by Rep. Caroline L. Tanchay and Rep. Rodante D. Marcoleta

EXPLANATORY NOTE

It is the policy of the State to promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services. promote full employment. a
rising standard of living, and an improved quality of life for all. pursuant to Section 9
Article II of the 1987 Philippine Constitution. Consistent with this mandate. the
government has been striving to streamline its processes to ensure efficient execution
of projects to guarantee the effective delivery of necessary government services, such
as the regulation of the energy sector.

In 2017, President Rodrigo Roa Duterte issued Executive Order (EO) No. 30,
series of 2017 which created the Energy Investment Coordinating Council (EICC) to
streamline the regulatory procedures affecting energy projects. Specifically. the EICC
is tasked to spearhead and coordinate national government eflorts to harmonize.
integrate. and streamline regulatory processes. requirements. and forms relevant to the
development of energy investments in the country. primarily with regard to the Energy
Projects of National Significance (EPNS).!

While the EICC has been efficient in fulfilling its roles in terms of policy
coordination, there is a need to further amplify its role to safeguard the EPNS
especially considering the threat of an energy crisis on a global seale as well as the
thinning energy resources on the national scale.*

In order to timely address the possible energy crisis that the country may face.
it is essential to strengthen the role of the EICC to further ease and integrate

About ECC. Department of Energy. See
hips /ivww doe gor ph’eigey.~ text. The” e20Energy"o20Investment*a20Coordinati
conontic®s20supply%200P e20ener
* A Looming Energy Crisis? 22 March 2022,

ections/newsmakers/2022/03/22/2 168889 looming.

%20Council, and%20e

htys://www philstar conor

energy crisis

DATE AMUN 39 MG;

™

a



government processes, in order to attract/hamess more energy investment, particularly
for EPNS, and the energy sector as a whole.

In view of the foregoing, the immediate approval of this measure is earnestly
sought.

@

CAROLINE L. TANCHAY RODANTE D. MARCOLET



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 172

Introduced by Rep. Caroline L. Tanchay and Rep. Rodante D. Marcoleta

AN ACT
INSTITUTIONALIZING THE ENERGY INVESTMENT COORDINATING
COUNCIL (EICC), STRENGTHENING AND FURTHER DEFINING ITS.
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES:

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Declaration of Policies and Objectives — It is the policy of the
State to ensure a continuous, adequate. and economic supply of energy with the goal of
achieving self-reliance in the country’s energy requirements through the integrated and
intensive exploration and development of the country’s energy resources. The State
likewise aims to ensure an efficient and effective administrative process for energy
projects of national significance for the effective implementation of the Philippine
Energy Plan (PEP) by rationalizing, integrating, and coordinating the various
government programs towards self-sufficiency and enhanced productivity in the energy
sector in consideration of the interests of all stakcholders.

ION 2. Institution of the Energy Investment Coordinating Council — To
carry out the provisions of this Act, the Energy Investment Coordinating Council (EICC)
created under Executive Order (EO) No. 30, series of 2017, is hereby institutionalized.
The EICC will spearhead and coordinate national government and local government
efforts to harmonize, integrate, and streamline regulatory processes, requirements and
forms relevant to the development of energy investments in the country, primarily with
regard to Energy Projects of National Significance (EPNS), as defined under EO No
30, series of 2017, to uphold transparency and accountability among concerned
agencies.



SECTION 3. Composition. ‘The EICC shall be chaired by the Department of

Energy (DOE) and vice-chaired by representative of the Energy Regulatory
Commission (ERC). It shall be composed of the following agencies as members:

(a)

(b)
(c)
(d)
(e)

(f)

th)

@
0)
(k)
0)

(m)

Department of the Environment and Natural Resources (DENR)
a.1) Biodiversity Management Bureau

a.2) Environmental Management Bureau
a.3) Forest Management Bureau

a4) Land Management Bureau

National Electrification Administration
National Grid Corporation of the Philippines
National Power Corporation

National Transmission Corporation
Department of Finance

£1) Bureau of Customs

£2) Bureau of Internal Revenue

Department of Justice
g.1) Bureau of Immigration

Department of Transportation

h.1) Civil Aviation Authority of the Philippines
h.2) Marine Industry Authority

h.3) Philippine Coast Guard

h4) Philippine Ports Authority

Department of Interior and Local Government
Housing and land Use Regulatory Board
Palawan Council for Sustainable Development

Laguna Lake Development Authority

Anti-Red Tape Authority


(n) Other agencies and government instrumentalities whose participation in the
EICC may be deemed necessary by the Council to attain the objectives of
this Act.

SECTION 4. Functions ~ The EICC shall be reorganized and reconstituted
within thirty (30) days from the effectivity of this Act and exercise the following
functions:

. and harmonize the relevant rules and

(a) Establish a simplified approval proces:
regulations of all government agencies and local governments involved in
obtaining permits and regulatory approvals. to expedite the development and
implementation of EPNS and other energy projects:

(b) Prepare rules governing the resolution of inter-agency issues affecting the
timely and efficient implementation of EPNS and other energy projects:

(c) Maintain a database of information and a web-based monitoring system
Wwhich shall be the vehicle for information exchange on the updates on the
applications of EPNS and other energy projects:

(d) Create inter-agency subcommittees as may be necessary to fulfill its
mandate.

(e) Submit a quarterly progress report to the Office of the President: and

(1) Perform such other functions as may be necessary and incidental to attain
the objectives of this Act.

SECTION 5. Secretariat. The EICC shall be supported by a Secretariat to be
headed by the DOE with representatives from the other member agencies as may be
needed, with the following functions.

(a) Provide the necessary administrative and technical support aid the EICC in
fulfilling its functions:

(b) Serve as the repository of all documents and data of the EICC;

(c) Monitor the status of the processing of all energy applications using the web-

based monitoring system: and



(d) Perform such other tasks and functions delegated by the EICC.

SECTION 6. Cooperation of Other Agencies. The EICC may summon any
agency or instrumentality of the Government for such assistance as may be necessary
in the performance of its functions. Local government units are mandated to adopt
policies and procedures consistent with this Act. with respect to the processing of
permits involving EPNS and other relevant matters

SECTION 7. Baseline of Processing of EPNS ~ The rules and processes to be
agreed upon with the EICC and to be adopted by its member-agencies shall adhere to

the following baselines with regard to EPNS.

(a) Presumption of Prior Approvals. Government agencies and
instrumentalities that receive an application for a permit involving EPNS.
shall process such applications without awaiting the action of other
agency. The processing agency shall act on the presumption that the
relevant permits from other government agencies had already been issued.

(b) Action within thirty (30) calendar days. Government agencies and
instrumentalities shall act upon applications for permits involving EPNS
within a specified processing timeframe not exceeding thirty (30)
calendar days from the submission of complete documentary
requirements. Should such application be denied, the denial should be
made in writing, expressly providing the grounds therefor. If no decision
is made within the specified processing timeframe, the approving
authority may no longer deny the application and shall issue the relevant
permit within five (5) working days after the lapse of such processing
timeframe.

No deviation from the baselines shall be allowed except when absolutely
necessary either to enable an agency to comply with a specific siatutory directive or to
avoid prejudicing the public interest.

SECTION 8. Appropriations — The amount as may be necessary for the initial
implementation of this Act shall be taken from the cusrent appropriations of the DOE.
Thereafter, the fund necessary to carry out the provisions of this Act shall be included
in the annual General Appropriations Act.

SECTION 9. Implementing Rules and Regulations (IRR) - Within ninety (90)
days from the effectivity of this Act, the DOE, as the lead agency, together with the


EICC. and other public and private stakeholders representing consumers and sectors
affected by this Act, shall promulgate the necessary implementing rules and regulations
of this Act: Provided. That prior to its effectivity. the drait of the IRR shall be posted at
the DOE website for at least one month. and shal! be published in at least two
newspapers of general circulation

SECTION 10. Separability Clause — All provisions of EO No. 30. series of 2017
shall remain valid and effective. If, for any reason, any provision of this Act or any part
thereof shall be held unconstitutional and invalid, the other parts or provisions of this
Act, which are not affected thereby. shall remain in full force and effect.

SECTION 11. Repealing Clause - All laws, decrees. issuances, orders. letters of
instructions, administrative orders. rules and regulations or parts thereof contrary to or
inconsistent with any of the provisions of this Act are hereby repealed, amended. or

modified accordingly

SECTION 12. Effectivity - This Act shall take effect fifieen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,