Implementing Rules and Regulations of Republic Act No. 11393, an Act Authorizing Higher Education Curriculum Development and Graduate Training in Advanced Energy and Green Building Technologies, and Appropriating Funds Therefor

March 22, 2022

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11393, AN ACT AUTHORIZING HIGHER EDUCATION CURRICULUM DEVELOPMENT AND GRADUATE TRAINING IN ADVANCED ENERGY AND GREEN BUILDING TECHNOLOGIES, AND APPROPRIATING FUNDS THEREFOR

Pursuant to Section 10 of Republic Act No. 11393, otherwise known as the Advanced Energy and Green Building Technologies Curriculum Act, the Commission on Higher Education (CHED) in consultation with the Department of Energy (DOE) hereby formulates and adopts the following rules and regulations:

RULE I

General Provisions

SECTION 1. Title. — This shall be known and cited as the "Implementing Rules and Regulations of Republic Act No. 11393 or the Advanced Energy and Green Building Technologies Curriculum Act."

SECTION 2. Purpose. — These Rules and Regulations are formulated and adopted to prescribe the procedures and guidelines in the implementation of the "Advanced Energy and Green Building Technologies Curriculum Act" in order to attain the objectives thereof.

SECTION 3. Statement of Policy. — As provided in Section 2 of the Advanced Energy and Green Building Technologies Curriculum Act, the State shall give priority to education, science and technology, and other similar fields, as well as to support the country's educational institutions in their efforts at initiating and implementing curriculum development activities that will lead to socioeconomic progress and technological advancement in the field of advanced energy, green and high performance building through technologies, design, and construction.

Towards this end, the State shall endeavor to provide assistance to higher education institutions (HEIs) in preparing the next wave of design and construction professionals, as well as the existing pool of architects, engineers, landscape engineers, landscape architects, and planners all over the country to become adept in the incorporation of advanced energy and green building technologies in the design and construction of green or high performance buildings.

RULE II

Definition of Terms

SECTION 4. Definition of Terms. — For purposes of these Rules, the following definitions will apply:

4.1 Advanced energy refers to the technologies and services, both emerging and established, which provide next-generation energy systems for the 21st century and recognized as clean, secured, affordable, accessible, and efficient.

4.2 Building — a permanent structure, whether private or public, enclosed within exterior walls and a roof, and including all attached apparatus, equipment and fixtures used for any of a wide variety of activities such as dwelling, entertainment, worship, commercial, industrial, transport, agriculture, public service, education, health care, etc. 1

4.3 Curriculum — is the aggregate of courses indicating the systematic sequence of courses in a degree program. 2

4.4 Green building refers to a building which, in its design, construction or operation, reduces or eliminates the negative impact on the climate and natural environment of a particular area and the country in general and can create positive impact. Green buildings preserve precious natural resources and improve the quality of life;

4.5 Green building technology refers to the technology or the application of processes which are environmentally responsible and resource-efficient throughout a building's life cycle: from planning to design, construction, operation, maintenance, renovation, and demolition. This requires close cooperation of the contractors, architects, engineers, and the clients at all project stages. The green building practice expands and complements the classical building design concerns of utility, economy, durability, and comfort; and

4.6 High performance building refers to a form of green building with a singular focus on its energy performance and which integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity.

4.7 Renewable Energy (RE) refers to energy resources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis, and whose renewal rate is relatively rapid to consider availability over an indefinite period of time. These include, among others, biomass, solar, wind, geothermal, ocean energy, and hydropower conforming with internationally accepted norms and standards on dams, and other emerging renewable energy technologies. 3

4.8 CHED — Commission on Higher Education

4.9 DOE — Department of Energy

4.10 DENR — Department of Environment and Natural Resources

4.11 DPWH — Department of Public Works and Highways

RULE III

Green or High Performance Building

SECTION 5. Features of a Green Building or High-Performance Building. — A green building or high-performance building shall have the following features:

a) Uses all applicable forms of renewable energy, such as solar energy;

b) Efficiently uses energy, water, and other resources;

c) Provides good indoor or environmental air quality;

d) Uses materials which are sustainable, ethical, and nontoxic;

e) Adopts pollution and waste reduction measures and promotes reusing and recycling of materials;

f) Employs a design that adapts to a changing environment;

g) Considers environment-friendly design, construction and operation; and

h) Adopts or conforms with legally and industry-recognized domestic and international standards for green building technology and energy management systems.

RULE IV

Curriculum Development

SECTION 6. Advanced Energy and Green Building Technologies Curriculum Development. — The Commission on Higher Education (CHED), in consultation with the Department of Energy (DOE) and CHED-recognized higher education institutions (HEIs), shall develop a curriculum on advanced energy and green building technologies at the undergraduate and graduate levels which shall focus on design resilience, natural resource conservation, and sustainable design and building practices, among others, to prepare students for future careers in advanced energy and green building technologies to enable future engineers, architects, and urban planners to incorporate advanced energy and green building technologies in the design of high-performance buildings.

The CHED, in accordance with its existing rules and policies, shall create a Technical Panel on Advanced and Renewable Energy and Green Building Technologies which shall include DOE.

SECTION 7. Graduate Training in Energy Research and Development. — The CHED, in consultation with the DOE, is hereby mandated to develop graduate education curriculum related to advanced energy technology research, development, demonstration, and commercial application activities pertaining to energy research and development.

RULE V

Role of DOE in Curriculum Development

SECTION 8. Role of the DOE in Curriculum Development for High Performance Building Design. — The DOE shall assist the CHED in curriculum development activities in advanced energy and green building technologies for the purpose of improving undergraduate and graduate interdisciplinary studies involving the design and construction of high-performance buildings, including the development of higher education curricula in engineering, architecture, fine arts, and other related courses, laboratory activities, training programs and practicums, and design projects.

For this purpose, the DOE shall contribute funds to the curriculum development activities of the CHED, especially in the conduct of research, development, demonstration, and commercial application activities endorsed by the DOE in relation to high-performance buildings.

In awarding grants with respect to which the DOE has contributed funds under this section, the CHED shall give priority to applications from the following:

a) HEIs whose departments, programs, centers, or schools of engineering and architecture are considered strong or prominent in engineering and architecture education, including city, regional, or urban planning; and

b) HEIs whose departments, programs, centers, or schools of engineering and architecture have partnered with other departments, programs, centers, or schools of engineering which are considered strong or prominent in engineering and architecture education, including city, regional, or urban planning.

SECTION 9. Project Grants. — The Chairperson of the CHED shall consult with the Secretary of the DOE when preparing solicitations and awarding grants for projects described in the Advanced Energy and Green Building Technologies Curriculum Act.

For this purpose, CHED and DOE shall develop mechanisms to implement this provision in consultation with other agencies, as may be necessary or essential.

RULE VI

Miscellaneous Provisions

SECTION 10. Funding Source. — As provided in Section 9 of RA 11393, the amount necessary to carry out the provisions of the Advanced Energy and Green Building Technologies Curriculum Act shall be charged against the current year's appropriations of the CHED and the DOE. Thereafter, the amount necessary for the continued implementation of the said Act shall be included in the annual General Appropriations Act.

Nothing in this IRR shall prevent CHED, DOE, and other relevant/concerned agencies from utilizing such other funds and resources to implement the provisions of RA 11393.

SECTION 11. Authority to Amend the IRR. — The CHED, in consultation with the DOE and other stakeholders, is authorized, whenever necessary, to formulate supplemental rules or amend these Rules.

SECTION 12. Separability Clause. — If any portion or provision of these Rules are declared unconstitutional or invalid, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 13. Repealing Clause. — All laws, decrees, orders, rules and regulations, other issuances or parts thereof which are inconsistent with the provisions of these Rules are hereby repealed or modified accordingly.

SECTION 14. Effectivity. — These Rules shall take effect fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation.

These Rules shall also be registered with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.

APPROVED, March 22, 2022.

(SGD.) J. PROSPERO E. DE VERA III, DPAChairman

Footnotes

1. DOE DC2020-12-0026; Adoption of the Guidelines on Energy Conserving Design of Building and PH Building Code.

2. CHED Special Order No. 42, series of 2003.

3. Section 4, Republic Act No. 9513, Renewable Energy Act of 2008.