Law Summary
Scope
- Establishes a framework to accelerate development, advancement, and strategic utilization of RE resources.
Definitions
- Extensive definitions covering RE resources and systems, government agencies, market entities, types of energy systems, and technical terms.
- Includes specific terms like Biomass, Co-generation, Distributed generation, Feed-In Tariff, Green Energy Option, Hybrid Systems, Net-Metering, Renewable Portfolio Standards (RPS), Renewable Energy Market (REM), etc.
Organization and Implementation
- DOE designated lead agency for enforcement and implementation.
- National Renewable Energy Board (NREB) created to set RPS, monitor programs, and recommend actions.
Renewable Portfolio Standards (RPS)
- Minimum percentage of electricity generation from eligible RE sources mandated.
- NREB to determine applicable sectors and RPS levels per grid.
Feed-In Tariff (FIT) System
- Guaranteed fixed tariff rates for electricity from emerging RE technologies (wind, solar, ocean, run-of-river hydropower, biomass).
- Priority grid connection, purchase, and transmission.
- Rates fixed for no less than 12 years.
Renewable Energy Market (REM)
- DOE to establish REM and direct PEMC to integrate its operations into the Wholesale Electricity Spot Market (WESM).
- Issuance and tracking of Renewable Energy Certificates (RECs) for compliance with RPS.
Green Energy Option
- End-users may choose RE as their energy source.
- Regulatory mechanisms to enable direct contracting with RE facilities.
- Transparency in billing regarding RE consumption.
Net-Metering for RE
- Distribution utilities must allow qualified end-users to install RE systems and enter net-metering agreements.
- Establish standards and pricing mechanisms.
- Distribution utilities entitled to resulting RE certificates, usable for RPS compliance.
Transmission and Distribution Development
- Transmission Corporation (TRANSCO) and Distribution Utilities must include RE connection facilities in their development plans.
- Such RE facilities subject only to ancillary service charges.
Off-Grid Renewable Energy Development
- NPC-SPUG or successors to source minimum RE generation percentages.
- Eligibility of off-grid RE generation for RE Certificates.
Government Share
- Government share: 1% gross income of RE developers, 1.5% for indigenous geothermal energy.
- Waiver of government share for micro-scale projects not exceeding 100 kW.
Environmental Compliance
- All RE activities must comply with environmental regulations prescribed by DENR or concerned agencies.
Incentives for Renewable Energy Projects
- Income Tax Holiday (ITH) for 7 years.
- Duty-free importation of RE machinery, equipment, parts for 10 years with DOE endorsement.
- Special realty tax capped at 1.5% of original cost.
- Net operating loss carry-over allowed for 3 years, except losses due to incentives.
- After ITH period, corporate tax fixed at 10%.
- Accelerated depreciation option if no ITH granted.
- Zero percent VAT on RE generated fuel/power sales and local supply purchases.
- Cash incentives for missionary electrification.
- Tax exemptions on carbon credit proceeds.
- Tax credit for domestic purchases of machinery and parts.
Certification and Registration
- RE Developers and manufacturers must register with DOE's Renewable Energy Management Bureau for certification and incentives.
National Renewable Energy Board (NREB)
- Composed of government agencies and sectoral representatives.
- Powers include setting RPS, monitoring implementation, overseeing Renewable Energy Trust Fund.
Renewable Energy Trust Fund (RETF)
- Managed by DOE for financing research, promotion, operation of RE projects, including scholarships.
- Funded by emission fees, a portion of income from government corporations, contributions, fines and penalties.
Financial Assistance
- Government financial institutions to provide preferential packages for RE projects.
Waste-to-Energy Promotion
- DOE encouraged to promote biogas and similar technologies complying with environmental laws.
Host Communities Incentives
- 80% of royalties/government share to subsidize electricity consumption of low-usage end-users in host communities.
Renewable Energy Management Bureau (REMB)
- Established under DOE to implement policies, maintain RE data, promote commercialization, monitor compliance.
Implementation and Oversight
- DOE tasked with promulgating implementing rules within 6 months.
- Joint Congressional Power Commission assigned oversight.
Prohibited Acts and Penalties
- Includes noncompliance with RPS, refusal of net-metering, falsification for incentives.
- Penalties: imprisonment (1-5 years), fines (P100,000 to P100 million or double damages), and administrative sanctions.
Appropriations, Separability, Repealing, and Effectivity
- Funding initially from DOE appropriations; later from General Appropriations Act.
- Invalid provisions do not affect rest of law.
- Inconsistencies with other laws amended or repealed accordingly.
- Law effective 15 days after publication in newspapers.