Guidelines in Implementing Republic Act No. 11285 or the "Energy Efficiency and Conservation Act" and Its Implementing Rules and Regulations (IRR)

May 9, 2020

DILG MEMORANDUM CIRCULAR NO. 2020-082

 

Republic Act (RA) No. 11285, or "An Act Institutionalizing Energy Efficiency and Conservation, Enhancing the Efficient Use of Energy, and Granting Incentives to Energy Efficiency and Conservation Projects," otherwise known as the "Energy Efficiency and Conservation Act" (EEC Act) was signed President Rodrigo Duterte on July 23, 2018 with the primary aim of establishing 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 Implementing Rules and Regulations (IRR) of RA 11285 provides for the following guidelines for the local government units (LGUs):

1. The LGUs shall assist the Department of Energy (DOE) in monitoring the compliance of designated establishments with their obligations under the Act and the IRR for input in the National Energy Efficiency and Conservation Database. HTcADC

2. The LGUs, except barangays, shall establish their respective Energy Efficiency and Conservation Office (EECO), which may be part of the planning and development office, using appropriations from their general funds established under the Local Government Code.

3. The Energy Efficiency and Conservation Officer (EEC Officer) who shall head the EECO must be at least a college graduate and may be designated by the local chief executive from the existing personnel of the LGU or hired through an external recruitment.

Within three (3) years from the effectivity of the EEC-IRR, the head of the respective planning and development offices of the covered LGUs shall be considered as the EEC Officer of such LGU.

4. Funding requirements for the remuneration of the EEC Officer's services shall be charged from the existing fund of the respective LGUs.

5. The National Energy Efficiency and Conservation Office (NEE&C Office), which is headed by the National Energy Efficiency and Conservation Coordinating Officer (NEECCO), to be designated by the DILG upon recommendation of the league of LGUs from among the EEC Officers of different local governments, shall be established.

Said office shall support the NEECCO in the integration n of all local energy efficiency and conservation plans and assist in participating on matters pertaining to the Government Energy Management Program (GEMP) for LGUs in the Inter-Agency Energy Efficiency and Conservation Committee (IAEECC).

6. The LGUs, except barangays, through the respective EECOs and planning development offices, with the assistance of the DOE and in coordination with the DILG, shall develop and implement their respective local energy efficient and conservation plans, and incorporate these to their local development plans.

7. LGUs, through the local development councils, may include energy efficiency projects in their respective Investment Priority Areas (IPA) and shall grant applicable incentives, including assistance or fast-tracking of permits or licenses indicated in local investment incentives plans (LIIPs) to establishments with energy efficient projects upon registration and compliance with the requirements of LGUs. CAIHTE

8. The LGUs, through their EECOs, shall prepare energy performance report that contains, among others, the monthly breakdown of its energy performance and such other information to be prescribed by the DOE, and submit such report to the IAEECC, copy furnished the DOE, not later than prescribed periods.

9. LGUs are authorized to enter into different financial arrangements for energy efficiency projects following the procedures laid down in any of the following measures: Republic Act No. 9184, otherwise known as the Government Procurement Reform Act; Republic Act No. 6957, otherwise known as BOT Act, as amended by Republic Act No. 7718; Republic Act No. 7160, otherwise known as the Local Government Code of 1991; the 2013 NEDA Joint Venture Guidelines, as may be amended from time to time; the applicable LGU charter; related laws, rules and regulations; and other modalities.

In view of the foregoing, all LGUs are directed to implement the mandated responsibilities provided for in the said law. Further, they are encouraged to coordinate with the DOE Regional and Field Offices relative to the implementation of the said law. Subsequent Department policies may also be further issued out in reference to the above-cited provisions.

Pursuant to Section 30 of the EEC Act, any person or entity found to commit the prohibited acts and enforcement shall be subject to appropriate criminal, civil, and/or administrative sanctions as provided in the EEC-IRR and other existing applicable laws, rules, and regulations.

All DILG Regional Directors and the BARMM Minister for Local Government are directed to cause the widest dissemination of this Memorandum Circular. aScITE

For the guidance and compliance of all concerned.

(SGD.) EDUARDO M. AÑOSecretary

 

n Note from the Publisher: Written as "integrated" in the original document.