Scope of Application
- Applies to all new power generation, transmission, or distribution projects nationwide.
- Covers all government departments, agencies, bureaus, GOCCs, LGUs, and other entities involved in the permitting process for these energy projects.
Definitions
- Key terms such as Action, Bidding Documents, Distribution and Transmission Projects, EVOSS, Government Agency, Mother Agency, Permit, Permitting Process, Proponent, System Operator, and others are comprehensively defined to clarify the scope and application of the law.
Creation and Establishment of EVOSS
- The Energy Virtual One-Stop Shop (EVOSS) is a centralized online system established under DOE supervision for coordinated submission, processing, and approval of permits and certifications.
- EVOSS ensures electronic document validity, facilitates online payment, provides access to requirements and status updates, and promotes inter-agency interoperability.
Powers and Functions of EVOSS
- EVOSS recognizes legal validity of electronic submissions and eliminates duplication and redundancies.
- Provides a secure, virtual storage and rules-driven system.
- Enables proponents to submit, monitor, and inquire on applications and fees electronically.
- Strongly integrates systems of government entities and maintains uniform templates and strict processing time compliance.
EVOSS Steering Committee
- Composed of high-level government officials and representatives from energy sectors and regulatory bodies.
- Exists for two years initially to guide implementation and operationalization.
- Members may designate knowledgeable permanent representatives responsible for internal processes related to energy projects.
Duties of the Steering Committee Chairperson
- Provides leadership and direction, promotes collaboration, sets meeting agendas, presides meetings, ensures timely resolution of issues.
- Reviews and approves changes to membership and initiates disciplinary measures for violations.
Duties of the Steering Committee Vice-Chairperson
- Identifies all involved agencies for permitting process.
- Acts as procuring entity for EVOSS.
- Prepares bidding documents and invests in technology and training for maintaining EVOSS.
- Supervises and reports on EVOSS operations and suggests platform expansion.
Duties of the Secretariat
- Provided by DOE’s Investment Promotion Office (IPO).
- Responsible for administrative, technical support, scheduling, reporting, and other delegated tasks.
Responsibilities and Powers of the Steering Committee
- Creates detailed and streamlined process flows for permitting within set timeframes.
- Develops unified electronic forms, removes redundant requirements, sets processing fees.
- Conducts regular monitoring, resolves complaints, recommends removals or inclusions of agencies.
- Submits performance reports and promotes platform expansion.
Member Responsibilities
- Participate actively, issue internal orders to comply with mandated timeframes, review processes for efficiency.
- Designate personnel to manage EVOSS accounts and potentially establish internal committees for permitting processes.
Permitting Application Timeframes
- Specific periods set for each mother agency and attached units to act on applications, ranging from 15 to 270 calendar days depending on the agency.
- Failure to act within prescribed times results in deemed approval, except for fossil fuel-related projects reviewed by DENR and ERC.
Local Government Units
- Mandated 15-day resolution period for barangays, cities/municipalities, and provinces on complete applications.
- Denied applications must be justified in writing and may be appealed through appropriate higher LGUs or the DILG.
Indigenous Peoples (IPs/ICCs)
- NCIP has 10 days for Certificate of Non-Overlap issuance and 105 days for Free, Prior, and Informed Consent (FPIC) applications.
- Denials must be valid, explained in writing, and can be appealed under the Indigenous Peoples Rights Act.
- Non-response within the periods is considered approval.
Delegated Powers to DOE
- Authorized to issue provisional approvals or certifications related to permits involving Board of Investments, DOJ, and DOLE within 15 days.
- Such approvals remain valid unless revoked upon post-audit findings.
Administrative Offenses and Penalties
- Willful refusal to participate, delays, non-compliance with timeframes, and system tampering are penalized.
- Penalties range from suspension without pay to dismissal and disqualification from public service, with fines imposed on market and system operators for delays.
Confidentiality and Information Protection
- Proponents’ submitted information is confidential and only accessible by authorized persons.
- Any release of information must follow the respective Freedom of Information policies of concerned agencies.
Administrative Jurisdiction and Civil Liability
- Violations fall under the jurisdiction of Civil Service Commission or DILG.
- Administrative findings do not preclude criminal or civil charges for the same acts.
Organizational and Financial Provisions
- DOE IPO acts as Secretariat with staffing and budget defined under DOE and General Appropriations Act.
- Initial funding of Php 100 million provided, with subsequent appropriations to sustain EVOSS operations.
Oversight and Reporting
- Joint Congressional Power Commission oversees implementation.
- EVOSS Steering Committee to submit annual reports on program and fund utilization.
- Evaluation of the law’s impact to be conducted within five years or as recommended.
Implementation and Effectivity
- DOE tasked to promulgate implementing rules within 60 days from effectivity.
- The law includes standard clauses on separability, repealing inconsistent laws, and effectivity 15 days after publication.