QuestionsQuestions (IRR of Republic Act No. 11697)
It applies to the EV industry, covering manufacture, assembly, importation, construction, installation, maintenance, trade and utilization, R&D, and regulation of EVs, charging stations and related equipment, parts and components, batteries, and related support infrastructure, including recycling, disposal, and handling of wastes.
EV refers to a vehicle with at least one (1) electric drive for vehicle propulsion, as further classified into BEVs, HEVs, Light EVs, PHEVs, and other EVs recognized by DOE, provided they have at least one electric drive for propulsion.
BEVs: traction powered only by a traction battery. HEVs: rechargeable energy storage system plus a fueled power source. PHEVs: HEVs with rechargeable storage that can be charged from an external electric source. Light EVs: micro mobility vehicles weighing less than 50 kilograms (e.g., electric scooters/e-bikes/personal transport), used as alternative modes of transportation.
An EVCS is a facility with equipment delivering electrical energy to EVs or their batteries, installed in an enclosure with special control functions and communications. Examples include: Battery Swapping Stations (BSS), Commercial Use Charging Stations (CUCS), and Own-Use Charging Stations (OUCS).
CUCS are open to the general public or a defined group of individuals. OUCS are for exclusive use by an individual or groups such as cooperatives/corporations/entities.
EVCS that source electricity from the grid and from on-site installed generation facilities are considered Self-Generating Charging Stations. Those allowed to supply power to the grid using EVs are considered Centralized Vehicle-to-Grid Facilities.
An EVCS Provider is a natural or juridical person duly accredited by the DOE who sells, constructs, installs, maintains, owns, or operates EVCS or components for a fee. Providers of BSS and CUCS are permitted to impose and collect fees, which must be unbundled.
CREVI is a national development plan for the EV industry with an annual work plan, composed of: (1) EVs and charging stations component, (2) Manufacturing component, (3) Research and Development component, and (4) Human resource development component.
Examples include: promulgating uniform streamlined rules/standards and accrediting EVCS providers; convening a technical working group for harmonized policies; developing and updating EV and EVCS component; developing and updating CREVI and making it public; implementing information campaigns; accrediting EVCS providers and publishing inventories; requiring DUs to submit charging infrastructure plans in DDPs; enforcing installation requirements; enforcing compliance with electrical codes and conducting inspections; ensuring unbundling of charging fees; enforcing EV compliance with energy efficiency standards; and consolidating data for public access.
ERC regulates rates charged by distribution utilities (DUs) on EVCS, considering utilization of EVCS, promotion of efficiency, ERC’s rate-setting methodology under EPIRA, unique requirements of EVCS, and EVCS’ effect on the DU’s demand profile and distribution system.
DOTr is the primary agency for EV demand generation and for regulation and registration of EVs, as well as franchising of EVs used for public transportation. It also issues streamlined policies/requirements through attached agencies and coordinates CREVI preparation with DOE.
LGUs must include green routes in local transport route plans consistent with national criteria, issue Certificates of Inspection to EVCS, ensure compliance of buildings/establishments with relevant EVIDA provisions, submit lists of CUCS, issue permits for renovation/consultation of buildings consistent with guidelines, and regulate EV operations through local policies consistent with the EVIDA and EVIDA-IRR.
Covered entities must ensure at least 5% of their fleet (owned or leased) are EVs within the CREVI timeframe: (a) industrial and commercial companies (logistics, delivery, hotels, utilities, etc.), (b) public transport operators, including various PUV and transport network vehicle services, and (c) LGUs, NGAs, and GOCCs (with electrification treated as a government energy efficiency project under RA 11285).
Buildings and establishments constructed after EVIDA effectivity must designate dedicated EV parking slots proportional to total parking slots per CREVI. If there are 20 or more parking slots, at least 5% must be dedicated for EVs. Existing buildings must comply within the CREVI timeframe.
No LGU permit may be issued for construction or renovation unless relevant provisions on EV parking slots (Sec. 21), installation of EVCS in dedicated parking slots (Sec. 22), and EVCS in gasoline stations (Sec. 23) have been complied with. The process/timeframe/requirements must also comply with the streamlined provisions under Section 9 of the IRR.
Owners/operators of EVCS must unbundle charging fees imposed by BSS and CUCS and must regularly submit to DOE an unbundled structure of charging fees on EV users. This ensures transparency and compliance with the charging fee unbundling requirement.
The IRR lists prohibited acts connected to violations of specified EVIDA sections (e.g., CREVI requirement, mandatory EV share, dedicated parking slots, EVCS construction/installation including gasoline stations, EVCS use, permitting, and duties of operators/DU). Penalties include a fine ranging from P50,000 to P500,000 and may include suspension or revocation of permits, without prejudice to other penalties under existing laws/rules.