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HOUSE BILL No, 7298
as

Introduced! by Representatives Michael L.
Romero and Enrico A. Pineda

So
EXPLANATORY NOTE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

In the Republic of the Philippines, it is hereby a declared policy of the state to
ensure a continuous, adequate, and economic supply of energy with the end in
view of ultimately achieving self-reliance in the country’s energy requirements
through the integrated and intensive exploration, production, management, and
development $f the country’s indigenous energy resources, and through the
judicious congervation, renewal and efficient utilization of energy to keep pace
with the country’s growth and economic development and taking into
consideration {the active participation of the private sector in the various areas
of energy resource development.

This House Bill seeks to create a comprehensive national energy program and
regulatory structure to rationalize, integrate, and coordinate the various
programs of tHe government towards self-sufficiency and enhanced productivity
in power and nergy without sacrificing ecological concerns.

ry

J

Thus, the early passage of this bill is earnestly requested. ’

aun OMERO Arico A, PINEDA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7298

Introduced by Representatives Michael L.

Romero and Enrico A. Pineda

————E—E—EE—————————EEEEE eS

AN ACT

Cc ‘TING A COMPREHENSIVE NATIONAL ENERGY

PROG!

AND REGULATORY STRUCTURE, TO FOSTER

THE|USE OF ELECTRIC VEHICLES, TO ESTABLISH
ELEGTRIC CHARGING STATIONS, AND FOR OTHER

Be it crac
Congress assembled:

ab

PURPOSES

the Senate and House of Representatives of the Philippines in

Chapter I
General Provisions

1. TITLE - This Act shall be known as the ” Electric

Vehicles and Charging Stations Act of 2020. "

SECTION

2. DECLARATION OF POLICY - It is hereby a declared

policy of the sfate to:

{a} To ensure and accelerate the total electrification of the country;


SECTI

projects relat

conservation,

(b} To ensure the quality, reliability, security and affordability of the
ply of electric power;

(c}| To ensure transparent and reasonable prices of electricity in a
regime of free and fair competition and full public accountability to
achieve greater operational and economic efficiency and enhance the
Cofnpetitiveness of Philippine products in the global market;

(d} To enhance the inflow of private capital and broaden the
ownership base of the power generation, transmission and
distribution sectors in order to minimize the financial risk exposure
of|the national government;

(e| To ensure fair and non-discriminatory treatment of public and
private sector entities in the process of restructuring the electric
er industry;

() To protect the public interest as it is affected by the, rates cud

ices and infrastructure;

To promote the utilization of indigenous and new and renewable
rgy resources in power generation in order to reduce dependence
imported energy;

To provide for an orderly and transparent privatization of the
‘ts and liabilities of the National Power Corporation (NPC).

‘o establish a strong and purely independent regulatory body and
tem to ensure consumer protection and enhance the competitive
ration of the electricity market; and

To encourage the efficient use of energy and other modalities of
and side management.

3. BASELINE. The state shall foster all activities and
ive to the exploration, extraction, production, importation
rocessing, transportation, marketing, distribution, utilization,
stockpiling, or storage of all forms of energy products and


SECTIO]
involve all le

programs, an

4. ENERGY CONSERVATION. All programs should
lels of government that will collaborate in adopting policies,
rules for its successful implementation.

The state is Le best position to initiate energy conservation and its an

appropriate t

off point for a more comprehensive government program that

will involve private households, non-government sectors, and commercial

establishments.

SECTIO}
inform and

5. GOVERNMENT INITIATIVE. This shall be a tool to

ise awareness of the public to global change and the need to

conserve energy and stimulate participation from the public and private sectors.

peels 6. PUBLIC INTEREST. The state has acknowledged that

harmful effec

s of higher energy prices can countervailed by diligent and

aggressive effarts at energy efficiency, resource conservation, and collaboration
among all staeholders.

It is in the ai

and alternativ

in government

SECTI
the manufact
vehicles, ch:
that are deemy

interest to devise cost-effective energy-conservation measures
and efficient methods of energy-use to be primarily implemented
and publicly-owned assets.

7 SCOPE AND LIMITATION. This Act shall apply to all

re, importation, installation, utilization, and regulation of electric

‘ing stations, batteries and other relevant parts and components

-d relevant.

SECTION 8. STATE PROTOCOLS. All regulations related to the use

of EVs and th
the creation

private secto:

establishment of charging stations shall be structured to facilitate

an enabling environment for equitable and non-discriminatory
participation, with preference for indigenous technologies, to

attain the a ia goal of stable energy prices and energy sufficiency.



SECTIO}
ENERGY (D

promotion o
infrastructure|

a

vi.

the + shall:

Chapter I
Role of Government Agencies

9. RESPONSIBILITY OF THE DEPARTMENT OF
). The DOE shall be the primary agency tasked with the
the adoption of EVs and the development of) charging

Harmonize existing policies and promulgate uniform and
streamlined rules, regulations, and standards on the use,
operations, and maintenance of charging stations, in
coordination with other concerned agencies, to include the
accreditation of charging station service providers and
requirements by DUS on charging station service providers;

Develop and update the EV and charging stations component of
the CREV in coordination with the DOTr, Department of Trade
and Industry (DTI), 1 Department of Environment afd Natural
Resources (DENR), Department of Public Works and Highways
(DPWH), LGUs and other relevant national government agencies
(NGAs). The component shall be finished not later than the 30"
of May of every year;

Develop and update the CREV by compiling its various
components. The CREV shall be released to the public not later
than the 30" of September of every year; i
Harmonize existing guidelines and issuances related to the
promotion of the adoption of EVs and charging stations, and
issue plans and programs on the same;

Implement, together with DOTr and DTI, plans and program
pursuant to this Act through information, education,
communication, and demonstration campaigns consistent with
the CREV;

Regularly accredit charging station service providers, and
publish on its website an annual inventory of all accredited
charging station service providers and a list of all public
charging stations in the country;


vii.

viii.

(x,

Re}

Require DUS to submit their respective charging infrastructure
development plans as part of their Distribution Development
Plans not later than 30th of August of every year;

Enforce compliance with mandatory open access installation of
charging stations as required under this Act;

Ensure charging stations are compliant with the Philippine
Electrical Code, Philippine Distribution Code, and other relevant
standards;

Land
n ig and
latory Board (LTFRB), Metro Manila Development) Authority

) jAggregate and centralize data from ERC, DTI, DOTr, DE!

(MMpA), Philippine Competition Commission, LGUs, and other

rel

oe Office (LTO), Land Transportation Franc!

nt NGAs insofar as EVs and charging stations are concerned;

(xi.) |Perform all other acts that are analogous to the foregoing, which
are jecessary and incidental to accomplish the policy objectives of this

Act.

SECTIQN 10. RESPONSIBILITY OF THE ENERGY REGULATORY
COMMISSION (ERC). In addition to its functions under Republic Act No. 9136,

otherwise knpwn as the Electric Power Industry Reform Act of 2001,

the ER@ shall:

mulgate uniform and streamlined rules and requirements for
If-generating charging stations and centralized vehicle-to-grid
ilities;

- Regulate the rates charged by DUS on all charging stations, among

others, the utilization of the charging station, the promotion of
efficiency, the unique requirements of charging stations, and its
effect on the DU's demand profile and distribution system;

date the unbundling of charging fees;

. Exercise exclusive jurisdiction over all matters that pertain to rate

s¢tting in this Act; and
Pfrform all other acts that are analogous to the foregoing, which are
nfcessary and incidental to accomplish the policy objectives of this
Agt.


SECTIO}

11. RESPONSIBILITY OF THE DEPARTMENT OF

TRANSPORTATION (DOTx). The DOTr shall be the primary agency tasked with
the developmeht of EV demand generation, and the regulation, registration, and
franchising of EVs. Towards this end, the DOTr shall:

the DTI

on

inate with the DOE and other relevant NGAs in the preparation
EV and charging stations component of the CREV;

relevant policies on the use, operations, inspection, registration,
anchising of EVs;

ict information, education, communication, and demonstration
igns, together with the DOE and DTI;

late the inclusion of green routes in the respective Local Public
port, Route Plans of the LGUs; and

all other acts that are analogous to the foregoing, which are
necessary and incidental to accomplish the policy objectives of this Act.

12. RESPONSIBILITY OF THE DEPARTMENT OF TRADE
r¥ (DTI). The DT! shall be the primary agency tasked with industry
if EVs, charging stations, parts and components, and batteries.

shall:

late relevant Philippine National Standards for consumer
tion and trade facilitation, and conduct a regular review of these
jards for possible revision or updating to align with developments
de and latest technology of EVs;

late the quality and safety of the parts and components of EVs,
ing 6 stations, and batteries by implementing relevant standards
sure the manufacture, production, and distribution of quality

REV, in coordination with the Department of Labor and
Employment, Technical Education and Skills Development Authority,


of th

SECTIO}
1. Iden!

Plan:
2. Inch

plang;
3. Issu
4. Sub:

5. Enst
with

SECTI
ENVIRO!
functions un

ission on Higher Education, and other relevant NGAs. The
resource development component shall be submitted to the

inate with the DOE and other relevant NGAs in the preparation
EV and charging stations component of the CREV;

‘ive strategy pursuant to this Act; and
all other acts that are analogous to the foregoing, which are

re compliance of public and private buildings and establishments
cordance to this Act.

14. RESPONSIBILITY OF THE DEPARTMENT OF
AND NATURAL RESOURCES (DENR). In addition to its
ler existing laws, the DENR shall, in consultation with the DOE,

DOTr, DTI, ahd other public and private stakeholders, promulgate rules and

guidelines on
components,
include EVs

program fro

the recycling and disposal of EVs, charging stations, parts and

\d batteries. The DENR, in coordination with the DOTr, shall
in the comprehensive air pollution management and control
motor vehicles including greenhouse gas emissions monitoring in

accordance with Republic Act No. 8749, otherwise known as the Clean Air Act

of 1999,



SECTIO| 15. RESPONSIBILITY OF THE DEPARTMENT oF PUBLIC
WORKS AND HIGHWAYS (DPWH). In addition to its functions under existing

laws, the D}
a.

b.

shall establish guidelines on the following:

rastructure in buildings and other establishments; and
uuance of permits for the construction or renovation of buildings
r}establishments pursuant to this Act.

infer of charging stations and other EV support
in
I

ry

SECTIO} 16. RESPONSIBILITY OF THE DEPARTMENT OF

SCIENCE

TECHNOLOGY (DOST). In addition to its functions under

existing laws, fhe DOST shall develop and update the research and deyelopment

component

of the CREY, in consultation with the DTI and other relevant NGAs.

The research and development component shall be submitted to the DOE not

later than the BO" of May of every year.

Chapter III
Dpmand Generation and Industry Development

SECTION 17. MANDATORY EV SHARE IN CORPORATE AND
GOVERNMENT FLEETS. The following entities shall ensure that at least five

percent (5%!

f their fleet shall be EVs within the timeframe indicated in the

CREV: Provided, That the CREV shall provide a timeline for the gradual increase
of such percentage until the entire fleet is fully electrified:

(a] Industrial and commercial companies such as cargo logistics
panies, food delivery companies, tour agencies, hotels, power
utilities, and water utilities;

(b} Public transport operators, including buses, jeepneys, tricycles,
is, and transport network vehicle services; and

LGUs, NGAs, and government-owned and controlled
orations: Provided, That the electrification of government fleets
siall be considered compliance with Republic Act No. 11285,
otherwise known as the Energy Efficiency and Conservation Act.



SECTIO!
STATIONS

accordance wii

18. OPEN ACCESS INSTALLATION OF CHARGING
DEDICATED PARKING SLOTS. Dedicated parking slots built in
this Act shall be installed with a charging station:

Provided That the owner of the private or public building or establishment
shall allow a a party charging station service provider to install, operate, or

maintain the

harging station, or enter into any other contractual arrangement

with such vai party charging station service provider in fair, reasonable, and

nondiscrimin:

Provided
establishment
constituting ij
provisions of

Provided
service provid
9136 as impl

ory terms:

further, That the owner of the private or public building or
may act as its own charging station service provider by
self as a charging station service provider pursuant to the
is Act:

inally, That if a DU engages in the business of a charging station
, it shall do so in accordance with Section of Republic Act No.
mented by ERC through its applicable rules and guidelines on

business sepafation and unbundling.

SECTION

VEHICLES I
Private and pi
of this Act anc
designate dedi

Provided, That

19. DEDICATED PARKING SLOTS FOR ELECTRIC
PRIVATE AND PUBLIC BUILDINGS AND ESTABLISHMENTS.
lic buildings and establishments constructed after the effectivity
pursuant to the National Building Code of the Philippines shall

ited parking slots for the exclusive use of EVs:

the number of dedicated parking slots shall be proportional to

the total number of parking slots within the building or establishment:

Provided further, That the use of dedicated parking slots by vehicles other than
EVs shall be punishable under Section of this Act:



and streamlindd permitting process for the installation, operation, maintenance,

replacement, ahd removal of charging stations:

Provided, That|the process shall be covered by the provisions of Republic Act No.
11234, otherwise known as the Energy Virtual One-Stop Shop Act.

23. DUTIES AND RESPONSIBILITIES OF CHARGING
ICE PROVIDERS, charging station service provider hell have
ties and responsibilities:

ing station in cases where the charging station service provider
is the owner or operator of the charging station; and

(3] Regularly submit to the ERC an unbundled structure of the
g fees imposed on EV users, in the case of publi¢ charging
stations owned or operated by the charging station service provider.

SECTIO} 24, GREEN ROUTES. Green routes shall be ¢reated or
identified by |GUs in their respective localities and approved by the DOTr in
accordance with this Act.

SECTION 25. SAFETY, HEALTH, AND ENVIRONMENT. All
manufacturer, assemblers, importers, charging station service providers,
operators of testing facilities, and users of EVs and charging stations shall
comply with 4ll relevant health, safety, and environmental laws, rules, and
regulations related to the manufacture, assembly, installation, operation, and
utilization of Vs and charging stations.

Chapter IV
Assistance and Incentives



Investme¢nt Code of 1987, and other applicable laws for ten (10) years from
the effechivity of this Act:

ided, That after the aforementioned period, the inclusion of

by the HOI: Manufacture and assembly of EVs, charging stations, and
components; and The establishment and operations of charging

addition, the DTI, in coordination with BOI, shall craft and
tan EV incentive strategy, as part of the manufacturing
nt of the CREV, similar Executive Order No. 182 seriés of 2015,
known as the Comprehensive Automotive Resurgence Strategy
The incentive strategy shall:

‘ow the cost gap between EVs and traditional motor vehicles and
1 shift of the local traditional motor vehicle industry to EVs;

wide time-bound, targeted, performance-based, and transparent
\d non-fiscal support in order to attract EV and BV parts
turing, particularly electronic parts and other strategic
nts, batteries, charging stations, and the establishment of testing
and

local production targets to be achieved within seven (7) years
promulgation of the incentive strategy, subject to eoepsian as
ited by the DTI.

je DTI, in coordination with the BOI, shall establish the application
ction process for enrollment and qualification of participants,
such terms and conditions as it may deem necessary to promote
tives of the incentive strategy.

tion


The impprtation of completely built units of EVs and charging stations

{3) Utilization

‘The follwing shall be granted the following fiscal incentives, which shall
be availgble for nine (9) years from the effectivity of this Act:

SECTIO} 27. NON-FISCAL INCENTIVES. EV users shall be granted
the following rlon-fiscal incentives, which shall remain in force for nine (9) years

er similar schemes implemented by the MMDA, other similar
ncies, and LGUs; and
(3} Expeditious processing by the LTFRB of applications for
franchise to operate, including its renewal, for PUV operators that
arf exclusively utilizing EVs.

SECTION 28. FINANCIAL ASSISTANCE. Government financial
institutions other financial institutions, in accordance with and to the extent
allowed by the|enabling provisions of their respective charters or appli¢able laws,
are encouragefi to provide concessional financial packages for entitiés engaged
in the activities mentioned in this Act, and preferential interest rates and


payment schefne on consumer loans for the acquisition of EVs and electric

charging statidns.

29. ROLE OF THE BANGKO SENTRAL NG PILIPINAS.
mtral ng Pilipinas (BSP) shall encourage banks to lend a certain
percentage of their portfolio to EV, charging stations, and battery manufacturers,
assemblers, arfd end users:

Provided, Thaf financing packages for EV fleets shall Be prioritized and the

procedure shall be streamlined.

Chapter V
Miscellaneous Provisions

30. CREATION OF DEDICATED OFFICES. The DOE,
DOTr, and Dif shall establish dedicated offices for the effective implementation
of this Act. The organizational structure and staffing complement shall be
determined by the Secretaries of DOE, DOTr, and DTI, in consultation with the
Department of Budget and Management, and in accordance with existing civil

service rules 4nd regulations.

SECTIQN 31. BUDGETARY REQUIREMENTS. The sum necessary
for the establjshment of the dedicated offices shall be taken from the current
appropriationb of each agency concerned. Thereafter, the funding for the
dedicated offites shall be included in the annual General Appropriations Act

32. PENALTIES AND SANCTIONS. The DOE, DOTr, and
pose fines and penalties upon any person, both natural and
juridical, found guilty of violating in any Sections of this Act.


The fines and penalties shall not be less than Two Hundred Fifty thousand pesos

(F250,000.004 and may include suspension or revocation of permits issued:

Provided,

That this is |without prejudice to the penalties provided under existing

regulations prqscribed by other concerned agencies. The DOE, DOTr, and DPWH,

in coordinatioy with the DTI, DILG, and DENR shall issue appropriate rules and

regulations on|the imposition of these fines and penalties.

Cae 33. CONGRESSIONAL OVERSIGHT. The Joint
Ei

Congressional]

implementati

nergy Commission (JCEC) shall exercise oversight powers over
ioh of this Act. The DOE, DOTr, DTI, and other relevant NGAs shall

submit the CREV and a report on the implementation of this Act to the JCEC

not later than fhe 1*tday of December of every year.

SECTIO) 34, IMPLEMENTING RULES AND REGULATIONS. The
DOE together}with the DOTr, in coordination with DTI, and in consultation with
other relevant NGAs and public and private stakeholders, shall issue the

implementingjrules and regulations of this Act within Ninety (90) days upon its

effectivity.

SECTION 35. TRANSITORY PROVISION. Existing industries,
businesses anql offices affected by the implementation of this Act shalll be given
six (6) monthg transitory period from the effectivity of the IRR or such other

period as may be determined, to comply with the requirements of this Act.

SECTION 36. REPEALING CLAUSE. All laws, decrees, executive
orders, rules ie regulations, or parts thereof inconsistent with the provisions
e

of this Act are

ereby repealed or modified accordingly.



as) 37. SEPARABILITY CLAUSE. If, for any reason, any
section or proyision of this Act is held unconstitutional or invalid, the other

sections or Bice hereof shall not be affected thereby.

SECTIO} $8. EFFECTIVITY CLAUSE. This Act shall take effect after
fifteen (15) ai from its publication in the Official Gazette or in at least two (2)

national newspapers of general circulation whichever comes earlier.

cere