Law Summary
Designation of DOE Leadership and Inter-Agency Coordination
- The Department of Energy (DOE) is mandated to lead the implementation of sustainable RE resource management.
- DOE may coordinate and enter into agreements with other government departments, bureaus, offices, agencies, and instrumentalities as necessary.
- Such coordination must comply with existing Philippine laws and international commitments under the UNFCCC Paris Agreement.
Historical Context and Jurisdiction Over Watersheds Related to Renewable Energy Projects
- Presidential Decree (PD) Nos. 1515 and 1749 allow the President to transfer jurisdiction over watersheds critical for water-based energy projects.
- Ministry of Energy Order deputized the Philippine National Oil Company (PNOC) to manage watershed areas surrounding specific geothermal reservations.
- Executive Orders (EO) Nos. 223 and 224 vested PNOC and the National Power Corporation (NPC) with jurisdiction and management of watersheds linked to geothermal and power generation projects.
- Republic Act (RA) No. 9136 tasked NPC with managing environmental funds for watershed rehabilitation.
- RA No. 9513 designated DOE as the lead agency for implementing RE development programs.
- EO No. 186 (2015) transferred watershed jurisdiction from PNOC to the Department of Environment and Natural Resources (DENR).
Importance of Watershed Management for Geothermal and Hydropower Projects
- Geothermal and hydropower projects depend heavily on the health and exclusivity of watershed areas.
- Watersheds must be protected from other commercial exploitations that could jeopardize sustainability.
- Effective watershed management is crucial for attaining targets set under the National Renewable Energy Plan (2010-2030).
Repeal and Reinstatement of Previous Orders
- EO No. 186 (2015) and other inconsistent orders, issuances, proclamations, or regulations are repealed or modified to conform with this policy.
- EO No. 223 (1987) and Proclamation No. 853 (1992), related to PNOC’s jurisdiction over certain geothermal watershed areas, are reinstated.
Separability Clause
- If any provision of this Order is declared invalid or unconstitutional, remaining provisions shall remain valid and enforceable.
Effectivity
- The Executive Order takes effect immediately upon signing.