Law Summary
Scope and Coverage
- Applies to all power lines and related facilities used for electricity conveyance nationwide.
Key Definitions
- Includes terms such as Board of Electrical Engineering, conveyance of electricity, dangerous structure, various line and system types (transmission, sub-transmission, distribution), hazardous activities and improvements, power line obstruction, and others.
- Clarifies legal easement rights, property owner compensation, and distinctions among entities involved.
Power Line Corridor
- Defines power line corridor as land beneath, air space around, and areas traversed by power lines with specified clearances.
- Clearance requirements set by the Board of Electrical Engineering and approved by DOE, following the Philippine Electrical Code.
- Legal easement applies if corridor crosses private property; compensation due to property owner as per Civil Code.
Prohibited Acts
- Planting tall growing plants within corridor.
- Constructing hazardous improvements.
- Performing hazardous activities.
- Refusing lawful access to power line agents.
- Other acts impairing electricity conveyance.
Removal and Prevention of Obstructions on Public or Operator-Owned Property
- Owner/operator rights to enter property for:
- Maintenance, inspection, repair, and restoration.
- Trimming or clearing plants without prior permit but with notice to relevant agencies.
- Removal or demolition of hazardous structures with notice but no prior permit required.
- Stopping hazardous activities.
- Other analogous actions to prevent/remove obstruction.
Removal and Prevention of Obstructions on Private Property
- Property owners must assist and facilitate access for removal/prevention.
- Property owners responsible to prevent obstructions and notify power line operator.
- Operator may enter private property after notice, except to avert imminent danger.
- Owners entitled to support like education, technical assistance.
Assistance from LGU, PNP, AFP
- Operators may seek assistance from local government, police, or military.
- Such agencies must render necessary help.
Information, Education, and Communication Duties
- Operators obligated to educate and inform communities about dangers and prevention of obstructions.
Resettlement
- Residents in hazardous structures to be relocated per the Urban Development and Housing Act.
Timber, Forest Products, and Coconut Lumber Handling
- Timber or forest products removed under this Act are not illegal if relevant agencies are notified.
Right of Eminent Domain
- Electricity franchise holders may exercise eminent domain as regulated by law and Rules of Court.
Permit Requirements
- LGUs must require building owners near corridors to coordinate with power line operators prior to issuing permits.
Penalties
- First Offense: arresto mayor or fine up to ₱50,000, or both.
- Second Offense: prison correccional or fine up to ₱100,000, or both.
- Third Offense: prison mayor or fine up to ₱200,000, or both.
- Higher penalty for offenses involving power line operator employees or officers.
- Local building officials issuing permits violating coordination rules face penalty one degree higher and dismissal.
Congressional Oversight
- Joint Congressional Energy Commission (JCEC) oversees the Act's implementation.
Implementing Rules and Regulations
- DOE to craft rules within 120 days, consulting multiple government and private stakeholders.
Severability Clause
- Invalid provisions do not affect remaining parts of the Act.
Repealing Clause
- Amends inconsistent provisions in existing laws like the Revised Forestry Code, Coconut Preservation Act, and Urban Development and Housing Act.
- Repeals conflicting laws, ordinances, and rules.
Effectivity
- Takes effect 15 days after publication in two newspapers of general circulation.