} wouse °F 8 (PRESENTATIVES
RECEIVCD

pare 25 AUG 2016

Tive: SPA
ey tal

Republic of the Philippin
Congress of the Philippinds
Quezon City

RESSTRATION UNIT
BILLS 2\0 Aor ¥ 7a, NCE

Seventeenth Congress
First Regular Session

House Bill NoB85L

Introduced by: Representative Carlos Roman L, Uybarreta, 1-Care Partylist

EXPLANATORY NOTE

Electricity plays a fundamental part in the economic growth process. It is common
knowledge that energy use and economic growth go hand in hand. Increased energy
supply leads to economic growth while economic growth leads to greater energy
demand. Steps should, therefore, be taken in order to have a sufficient and reliable
access to electricity. Insufficient, unreliable or costly access to power is binding
constraint to economic growth.

In the Philippines, the power sector has three (3) components: generation,
transmission and distribution. Power generation is separate from transmission and
distribution. This allows multiple power generators to supply electricity into a single
grid. Electricity moves from distant power plants to service areas through high
voltage transmission. How we operate this transmission network is essential to our
ability to reliably deliver energy. Our electricity providers are committed to
providing customers with the reliable electricity supply they expect and deserve

Frequent power interruptions, however, bring negative impact on the nation’s
economy and the loss of millions of revenue. These power outages are mostly due to
obstructions from fast-growing trees, plants and other structures constructed under
or near power transmission lines. The conduct of hazardous activities such as
burning of waste and other materials, excavation, quarrying and other activities of
the same nature under or near the power transmission lines also contribute to the
problem. Moreover, if a branch of a tree falls or gets too close to a transmission line,
the tree and nearby ground become electrified. Anyone touching the tree or ground
can be seriously injured or killed, Finally, sparks from high-voltage lines can jump to
nearby branches or plants and start a fire.

Reliability standards for transmission lines should be in place. A vegetation
management program to remove all trees, shrubs and other plants that have the
potential to touch the line or grow too close to a transmission line's right-of-way for
safety should also be developed. Structures or improvements which are under or


within the power transmission lines right of way corridors should also be removed,
dismantled or demolished. The conduct of hazardous activities within the power
transmission lines right of way corridors should also be prohibited

The legislature in its exercise of its police power need to rationalize and harmonize
the country’s economic development with the environment and should prohibit the
introduction of plants and structures and the conduct of hazardous activities within
the right-or-way of transmission lines. A vegetation management program that will
remove all trees, shrubs, other plants as well as structures and improvements within
the right-of-way limit of transmission lines should also be started.

In view thereof, the passage of this measure is earnestly sought.

CARLOS MAN UYBARRETA

Representative, CARE Party List


wCorwanesune

1
12
13
14
15
16
7
18
19
20

2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Sl
52
53

Republic of the Philippines
Congress of the Philippines
Quezon City

Seventeenth Congress
First Regular Session

3351

House Bill No. —___

Introduced by: Representative Carlos Roman L. Uybarreta, 1-Care Partylist

ANTI-POWER LINE DISTURBANCE ACT

AN ACT TO ENSURE THE CONTINUOUS AND UNINTERRUPTED
TRANSMISSION OF POWER, PROMOTE PUBLIC SAFETY AND
PROTECT THE INTEGRITY AND RELIABILITY OF THE NATIONWIDE
TRANSMISSION AND DISTRIBUTION SYSTEM, AND PROVIDING
PENALTIES IN VIOLATION THEREOF.

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

WHEREAS, electricity is the lifeblood of every nation’s economy and any
disruption in the transmission and distribution thereof would cause tremendous loss of
revenue and render adverse effects to the nation’s economy and progress;

WHEREAS, it is the policy of the state to ensure the success of its electrification
program by ensuring the continuous and reliable flow of electricity from the power
plants down to the end user or consumer;

WHEREAS, statistics show that power outages are mostly attributed to the
presence of high-growing plants and trees within the right-of-way corridors of power
transmission or distribution lines; the conduct of hazardous activities therein such as,
but not limited to, excavation, quarrying and burning of wastes and other materials;
and/or, the existence of structures within the right-of-way corridors of power
transmission or distribution lines;

WHEREAS, obstructions within the right-of-way corridors of power lines,
whether intentionally introduced or otherwise, and the conduct of hazardous activities
therein not only hamper the smooth delivery of power, but are likely to endanger the
lives of people and destruction of nearby properties especially during the occurrence of
calamities;

WHEREAS, frequent power outages caused by obstructions within the right-of-
way corridors of power lines and/or the conduct of hazardous activities therein have a
negative impact on the nation’s economy considering that they redound to the loss of
millions of pesos in terms of revenue, while simultaneously undermining the stability
and integrity of the transmission and distribution systems;

WHEREAS, frequent power interruptions hinder the government's efforts
towards attaining sustainable economic development and, at the same time, erode the
people’s faith in the government and the latter's ability to pursue its economic
development programs;


54
55
56
57
58
59
60
61
62
63

65
66
67
68
69
70
7
72
73
74
75
76
7
8
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98.
99

100

101

102

103

104

105

WHEREAS, consistent with its re-greening programs, the government
encourages the massive planting of trees, which must, however, be carried out in areas
where these would be most beneficial without causing economic harm to the nation;

WHEREAS, the regular and periodic clearing of obstructions along power lines
to ensure the continuous and uninterrupted flow of electricity is exacting its toll on
transmission and distribution service providers in terms of payment of damages for the
removal of such obstructions. These costs increase operating expenses leading to higher
electricity bills and thereby burden the consuming public.

WHEREAS, in the exercise of its police power and cognizant of the need to
rationalize and harmonize national economic development with environmental
sustainability, Congress finds compelling reasons to regulate the introduction of plants
and prohibit the construction of hazardous structures beneath power transmission lines
and within their right-of-way corridors in order to ensure the smooth, continuous and
efficient delivery of power to the nation.

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

SECTION 1. Short Title. - This Act shall be referred to as the “ Anti- Power Line
Disturbance Act of 2016.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State
to foster and ensure not only obedience to its authority, but also to adopt such measures
as would effectively promote the general welfare, which are essential for the enjoyment
by all the people of the blessings of democracy in a just and humane society; to keep the
right-of-way corridors of power lines free and clear of any hazard or dangerous
obstruction to ensure the continuous and uninterrupted flow of electricity from power
plants to end users, promote public safety and protect the integrity and reliability of
transmission and distribution facilities nationwide.

SECTION 3. Definition of Terms:

a) Distribution Utilities - refers to any electric cooperative, private corporation,
government-owned utility or existing local government unit which has an
exclusive franchise to operate a distribution system in accordance with this
Act;

b) Electric Cooperatives - shall refer to distribution utilities created and
operating pursuant to Presidential Decree No. 269, as amended;

©) High-growing Vegetation - refers to plants, vines and other plant species,
which grow or has a potential to grow more than three (3) meters in height
from the ground so that their branches and leaves tend to touch the
conductor wires of power lines or breach the safe or critical distance from the
conductors, and all trees of whatever kind, variety or height;

4) Hazardous Improvements - refers to structures, buildings and
improvements of whatever kind, whether temporary or permanent in
character and regardless of the purpose for which they are intended, which
are within the Right-of-Way Corridor of Power Transmission Lines;

e) Hazardous Activities - refers to burning of waste and other materials,
excavation, quarrying, and other activities of the same nature and character



106
107
108
109
110
111
112
113
114
11s
116
117
118
119
120
12a
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157

the National Transmission Corporation, Natio:
and their successors-in-interest, Distribution Ut

that are considered hazardous and which are within the Right-of-Way
Corridor of Power Transmission Lines;
f) National Grid Corporation of the Philippines ~ refers to the privately owned
corporation in charge of operating, maintaining, and developing the country's
state-owned power grid;
National Transmission Corporation - refers to the government agency
created under Republic Act No. 9136;
h) Power Transmission Lines - refers to 69kV, 115kV, 138kV, 230kV and 500kV
transmission lines, or any other high voltage transmission lines that may be
constructed or erected in the future.
Right-of-Way Corridor - refers to the easement on lands traversed by power
lines, running along the length of the power line and having a width
dependent on the power line’s voltage as specified under Section 6.

8)

SECTION 4. - Coverage. This Act shall cover all Power Transmission Lines of
| Grid Corporation of the Philippines
ies and Electric Cooperatives.

SECTION 5. - Prohibited Acts. - It is hereby declared unlawful for any person,

whether natural or juridical, public or private, to:

(a) Plant or cause to be planted High-growing Vegetation, including trees of
whatever kind, variety or height, within the Right-of-Way Corridor of Power
Transmission Lines;

(b) Construct Hazardous Improvements under or within the Right-Of-Way
Corridor of Power Transmission Lines;

(c) Conduct Hazardous Activities within or near the Right-of-Way Corridor of
Power Transmission Lines; and

(d) During calamities, states of emergency or calamity declared by the concerned
appropriate government authorities or election periods, whether national or
local, prevent or refuse to allow entry to the property for purposes of repair of
power lines and/or restoration of power, or to conduct the necessary
clearing, cutting, trimming and pruning of High-growing Vegetation and
removing, dismantling or demolishing of Hazardous Improvements.

SECTION 6. Right-of-Way Corridor of Transmission Lines. The standard

Right-of-Way Corridors of Power Transmission Lines are as follows:

a) For 69kV Lines, Single Circuit Wood Pole - total width of 15 Meters or 75
Meters measured from the centerline to each side;

b) For 69kV Lines, Double Circuit Wood Pole - total width of 20 Meters or 10.0
meters measured from the centerline to each side;

©) For 115kV Lines, Single and Double Circuit Steel Tower - total width of 30
Meters or 15 meters measured at from the center line to each side;

d) For 138kV Lines, Single Circuit Wood Pole - total width of 30 Meters or 15
meters measured from the centerline to each side;

e) For 138kV Lines, Single Circuit Steel Tower - total width of 35 Meters or 175
Meters measured from centerline to each side;

f) For 138kV Lines, Double Circuit Steel Tower - total width of 40 Meters or 20
Meters measured from the center line to each side;

8) For 230kV Lines, Single Circuit Steel Pole - total width of 35 Meters or 17.5
Meters measured from the center line to each side;


158
189
160
161
162
163
164
165
166
167
168
169
170
171
12
173
174
175
176
v7
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210

h) For 230kV Lines, Double Circuit Steel Tower - total width of 40 Meters or 20
Meters measured from the center line to each side;

i) For 350 Bipolar - total width of 50 Meters or 25 Meters measured from the
center line to each side;

j) For 500kV Lines, Single Circuit Steel Tower - total width of 60 Meters or 30
Meters measured from the center line to each side;

k) For 500kV Lines, Double Circuit Steel Tower - total width of 65 Meters or 32.5
Meters measured from the centerline to each side.

SECTION 7. Immediate Removal of Obstructions. - To ensure the continuous
and uninterrupted flow of power to consumers, prevent the loss of lives or damage to
property, and protect the integrity and reliability of power transmission and
distribution facilities, the National Transmission Corporation, National Grid
Corporation of the Philippines and their successors-in-interest, Distribution Utilities
and Electric Cooperatives are granted the authority to enter public or private property
motu propio, without prior permission or clearance from the owner, tiller, occupant or
possessor of the land, and without securing prior clearance or permit from the
Department of Environment and Natural Resources for the following, purposes:

(a) To conduct routine inspection of transmission or distribution facilities on the
property;

(b) To conduct repair or restoration activities on power lines located on or
traversing the property;

(c) To conduct trimming, pruning, cutting or clearing of High-growing
Vegetation within the Right-of-Way Corridor of Power Transmission Lines
traversing the property;

(a) To remove, dismantie or demolish Hazardous Improvements within the
Right-of-Way Corridors of Power Transmission Lines traversing the property;
and

(e) To stop, prevent or prohibit the conduct of Hazardous Activities within the
Right-of-Way Corridors of Power Transmission Lines traversing the property.

The National Transmission Corporation, National Grid Corporation of the
Philippines and their successors-in-interest, Distribution Utilities and _ Electric
Cooperatives shall likewise have the authority to trim or remove extended branches
and leaves of High-growing Vegetation outside the Right-of-Way Corridors of Power
Transmission Lines that may otherwise disrupt the smooth operation of the Power
‘Transmission Lines.

In the case of removal of Hazardous Improvements, such buildings or structures
shall be considered as “dangerous” as defined under the National Building Code of the
Philippines, and thus shall immediately be abated or demolished in accordance with the
provisions of the said law regardless of the presence of a building, fencing or other
permit.

For purposes of this Section, the Philippine National Police is deputized and
authorized to lead the personnel of the National Transmission Corporation, National
Grid Corporation of the Philippines and their successors-in-interest, Distribution
Utilities and Electric Cooperatives concerned and effect entry into the property for
purposes of carrying out the activities mentioned herein.

Without prejudice to the institution of appropriate criminal action, any person
found to have planted High-growing Vegetation, introduced Hazardous


2
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
258
256
257
258
259
260
261
262
263

Improvements, or conducts Hazardous Activities in bad faith or who unreasonably
refuses to allow the removal of High-growing Vegetation or Hazardous Improvements
or the abatement of Hazardous Activities within the Right-of-Way Corridors of Power
Transmission Lines shall be liable for damages, including, but not limited to, the loss of
revenue for undelivered power. In addition, the removal of the High-growing
Vegetation, Hazardous Improvement and repair or restoration of damaged power
facilities shall be carried out at his expense.

SECTION 8. Right of Eminent Domain. - Subject to the limitations and
procedures prescribed by law, the power to exercise the right of eminent domain
granted to any private entity with a franchise to operate, manage and maintain the
nationwide transmission system shall be governed by Rule 67 of the Revised Rules of
Civil Procedure.

SECTION 9. Restrictions on the Issuance of Restraining Orders or Writs of
Injunctions. - No Writ of Injunction or Restraining Order shall be used by any Court
against the National Transmission Corporation, National Grid Corporation of the
Philippines and their successors-in-interest, Distribution Utilities or Electric
Cooperatives exercising the right and authority to clear the Right-of-Way Corridors of
Power Transmission Lines from High-growing Vegetation and other Hazardous
Improvements as provided in this Act, unless there is prima facie evidence that this was
made with evident bad faith or grave abuse of authority.

If, notwithstanding the provisions of this section, a Court issues an Injunction or
Restraining Order, such Injunction or Restraining Order shall be effective only upon the
filing of a Bond with the Court. Provided, however, that such Injunction or Restraining
Order shall automatically be denied or, if granted, shall be dissolved upon the filing of a
Counter-bond similar in form and amount as that above required: Provided, finally,
that whenever such Injunction is granted, the Court issuing it shall, within ten (10) days
from its issuance, submit a report to the Supreme Court setting forth in detail the
grounds or reasons for its order.

SECTION 10. - Permits. - Local building officials shall require contractors who
will be conducting construction activities near high-voltage Power Transmission Lines
to secure clearance from the National Transmission Corporation, National Grid
Corporation of the Philippines and their successors-in-interest, Distribution Utilities or
Electric Cooperatives within the area PRIOR to the issuance of a building, permit.

SECTION 11. - Penalties. -

a) The following penalties shall be imposed upon any person found guilty of
intentionally and deliberately introducing High-growing Vegetation or
Hazardous Improvements and conducting Hazardous Activities within the
Right-of-Way Corridors of Power Transmission Lines:

First Offense - the penalty of arresto menor or a fine of Php20,000.00 or
both, at the discretion of the court;

Second Offense - the penalty of arresto mayor or a fine of Php50,000 or
both, at the discretion of the court; and

Third Offense - The penalty of prision correccional or a fine ranging from
100,000.00 or both, at the discretion of the court


264
265
266
267
268
269
270
27.
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303

The foregoing penalties are without prejudice to civil damages, which
may be recovered by the National Transmission Corporation, National Grid
Corporation of the Philippines and their successors-in-interest, Distribution
Utilities or Electric Cooperatives for the illegal acts committed in violation of this
Act.

b}

Penalties for Connivance. If the introduction of High-growing Vegetation
and/or Hazardous Improvements and the conduct of Hazardous Activities
within the Right-of-Way Corridors of Power Transmission Lines is committed by
or in connivance with an officer or employee of the National Transmission
Corporation, National Grid Corporation of the Philippines and their successors-
in-interest, Distribution Utilities or Electric Cooperatives, such officer or
employee shall, upon conviction, be punished with a penalty one (1) degree
higher than the penalty provided herein, and forthwith be dismissed and
perpetually disqualified from employment in the government service

°)

The local building official who issued a building permit in violation of this Act
shall, upon conviction, be punished with a penalty one (1) degree higher than the
penalty provided herein, and forthwith be dismissed and perpetually
disqualified from employment in the government service.

SECTION 12. Information Dissemination. - The Department of Energy,
National Transmission Corporation, National Grid Corporation of the Philippines and
their successors-in-interest, Distribution Utilities and Electric Cooperatives shall
undertake a vigorous campaign to inform the general public of the provisions of this
Act within sixty (60) days from its effectivity.

SECTION 13. Separability Clause. - Any portion or provision of this Act,
which may be declared unconstitutional or invalid shall not have the effect of nullifying
other portions or provisions hereof.

SECTION 14. Repealing Clauses. - All other laws, ordinances, rules,
regulations and other issuance or parts thereof, which are inconsistent with this Act, are

hereby repealed or modified accordingly.

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved.