FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Statc must promote new rcnewable cncrgy technologies that reduce contributions to 
global worming gases and improve our country’s domestic energy production in a manner that is 
consistcnt with cnvironmeutal protection, sustainable dcveloptnent, and economic prosperity. 
The use of marine and hydrokinetic renewable energy techiiologies can avoid 
contributions to global warming gascs. 
Ikrtber, such technologics can be produced 
domestically. 
This Act seeks to promote the dcvclopment and use of marine and hydrokinetic 
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renewable energy teclmologies. 
This bill was originally filed in the Thirteenth Congress, Third Regular Session 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROMOTING TI-IE DEVE1 .OPMENT AND USE OF MARINE AND HYDROKINETIC 
RENEWABLE ENERGY TECHNOLOGIES 
Be il macled by the Senate and the House of Repesentatives of the Philippines in 
Congress asseinhled: 
SIKTION 1. Short Title. - This Act shall be known as the “Marine and Hydrokinetic 
Renewable Energy Promotion Act of 2007.’’ 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote renewable 
energy technologies, such as marine and hydrokinetic renewable energy, that reduce 
contributions to global warniing gases and improve our country’s domestic energy production in 
a manner that is consistent with environmental protection, sustainable development, and 
economic prosperity. 
SECTION 3. DeJnition ofTerms. -For purposes of this Act, the term 
(A) “Marine and hydrokinetic renewable energy” means electrical energy from 
waves, tides, and currents in occans, estuaries, and tidal areas; free flowing water 
in rivers, lakes, and streams; free flowing water in man-made channels, including 
projects that utilize non-mechanical structures to accelerate the flow of water for 
electric power production purposes; and differentials in ocean temperature or 
ocean thermal energy convcrsion. 
The term shall not include energy from any source that utilizes a dam, 
diversionary structure, or inipoundnieiit for electric power production purposes. 
(B) “Net proceeds” means proceeds from the commercial sale of electricity after 
payment of prqjcct-related costs, including taxes and regulatory fees that have 
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not been paid using funds rroni a loan provided for the project under Section 5. 
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SECTION 4. Rc,seurclz undDevelopment. - The Secretary of Energy, in consultation with 
the Secretary of Environment and Natural Resources and the Secretary of Trade and Industry, 
shall establish a program of marine and hydrokinetic rcnewable energy research focused on 
(A) Developing and demonstrating marine and hydrokinetic renewable energy 
technologies; 
(B) Reducing the manufacturing and operation costs of marine and hydrokinetic 
renewable energy technologies; 
(C) Increasing the reliability and survivability of marine and hydrokinetic renewable 
energy facilities; 
(D) Integrating marine and hydrokinetic renewable energy into electric grids; 
(E) Identifying opportunities for cross fertilization and developnient of economies of 
scale between offshore wind and marine and hydrokinetic renewable energy sources; 
(F) Identifying the environmental impacts of marine and hydrokinetic renewable energy 
technologies and ways to address adverse impacts, and providing public information 
concerning technologies and other means available for monitoring and determining 
environmental impacts; and 
(G) Standards dcvelopment, demonstration, and technology transfer for advanced 
systems engineering and system integration methods to identify critical interfaces. 
SECTION 5. Adaptive A4unugenzent uncl Environmental Fund. - The Secretary of 
Energy shall establish an Adaptive Management and Eiiivironmental Fund, and shall lend 
amounts from that fund to entities to cover the costs of prqjects that produce marine and 
hydrokinctic rcnewable cncrgy. Such costs includc dcsign, fabrication, deployment, operation, 
monitoring, and deconunissioning costs. Loans under this section may be subordinate to project- 
related loans provided by commercial lending institutions to the extent the Secretary of Energy 
considers appropriate. 
As a condition of receiving a loan under this section, a recipient shall provide reasonable 
access, to government agencies and other research institutions as the Secretary considers 
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appropriate, to the project area and facilities for the purposes of independent environmental 
research. 
The results of any assessment or denionstration paid for, in whole or in part, with funds 
provided undcr this scctiou shall be made availablc to thc public, except to the extent that they 
contain information that is protected from disclosure by appropriate laws. 
The Secretary of Iinergy shall require a recipient of a loan under this section to repay the 
loan, plus interest at a rate of 2.1 per centzim per year, over a period not to exceed 20 years, 
bcgiimiiig after the commercial generation of electric power from the project commences. Such 
repayment shall be required at a rate that takes into account the economic viability of the loan 
recipient and ensures regular and timely repaymcnt of the loan. 
No repayments shall be required under this Section until alter the project generates net 
proceeds. Repayment of a loan shall terminate as of the date that the prqject for which the loan 
was provided ceases commercial generation of electricity if a govennnental pennitling authority 
has ordered the closure of the facility because of a finding that the project has unacceptable 
adverse environmental impacts, except that the Secretary shall require a loan recipient to 
continue making loan repayments for the cost of equipment, obtained using funds from the loan 
that have not otherwise been repaid under rules established by the Secretary, that is utilized in a 
subsequent project for the commercial generation of electricity. 
In order to receive a loan under this Section, an applicant for a license or permit to 
construct, operate, or maintain a marine or hydrokinetic renewablc energy project shall provide 
the Secretary of Energy an adaptive management plan for the proposed project. Such plan shall 
(A) I3e prepared in consultation with other parties to the permitting or licensing 
proceeding, including all government agencies and instrumentalities with 
authority under applicable laws to require or recommend design or operating 
conditions, for protection, mitigation, and enhancement of fish and wildlife 
resources, water quality, navigation, public safety, land reservations, or 
recreation, for incorporation into the permit or license; 
(B) Set forth specific ‘and measurable objectives for the protection, mitigation, and 
enhancement of fish aid wildlife resources, water quality, navigation, public 
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safety, land reservations, or recreation, as required or recommended by 
governmental agencies described in paragraph (I), and shall require monitoring 
to ensure that these objectives are met; 
(C) Provide specifically for thc modification or, if necessary, removal of the marine 
or hydrolcinelic renewable energy project based on findings by the Secretary of 
Energy, the Secretary of linvironment and Natural Resources, and the Secretary 
of Trade and Industry that the marine or hydrokinetic renewable energy project 
has not attaincd or will not attain the specific and measurable objectives; and 
(D) Be approved and incorporated in the license or permit. 
The Secretary of Energy shall transmit a report to the Congess when the Secretary of 
Energy deterniines that the technologies supported under this Act have achieved a level of 
maturity sufficient to cnahle thc expiration of the programs under this Act. The Secretary of 
Energy shall not make any new loans under this section after the report is transmitted under this 
paragraph. 
SECTION 6. Progranznmlic Environmental Impact Stulernenr. - The Secretary of 
Environment and Natural Resourccs shall, in cooperation with the Secretary of Energy and the 
Secretary of Trade and Industry, and in consultation with appropriate government agencies, 
jointly prepare progranimatic environmental impact statements, regarding the impacts of the 
deployment of marine and hydrokinetic renewable energy technologies in the navigable waters 
of the Philippines. One programmatic environmental impact statement shall he prepared under 
this section for each or the Regions of the Philippines. The progranniatic environmental impact 
statements under this section shall be issued not later than eighteen (18) months after the date of 
enactment of this Act. The programniatic environmental impact statements shall evaluate among 
other things the potential impacts of site selection on fish and wildlife and related habitat. 
Nothing in this section shall operate to delay consideration of any application for a license or 
permit for a marine and hydrokinetic renewable energy technology prqject. 
SEC'I'ION 7. A,r~propriation.s. - Such sums as may be necessary for the initial 
implementation of this Act shall be taken From the current appropriations of the Department of 
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Energy. Theredter, the fund necessary to c m y  oul the provisions of this Act shall be included 
in the annual General Appropriations Act. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, presidential proclaniation, rule and regulation or parts thereof inconsistent with the 
provisions of this Act, are hereby repealed, modified, or amended accordingly. 
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SECTION 9. Separability Cluuse. -- If any provision of this Act is declared 
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unconstitutional, the samc shall not affect the validity and effectivity of the other provisions 
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hereor. 
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SECTION 10. Eflhctivily. - This Act shall take effect fifteen (15) days after its 
publication in at least two newspapers of general circulation. 
Approved, 
/jab 
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