Electric Cooperatives Emergency and Resiliency Fund Act

REPUBLIC ACT NO. 11039

AN ACT INSTITUTIONALIZING THE ELECTRIC COOPERATIVES EMERGENCY AND RESILIENCY FUND AND APPROPRIATING FUNDS THEREFOR

CHAPTER I

Title, Policy, and Definitions

SECTION 1. Short Title. — This Act shall be known as the "Electric Cooperatives Emergency and Resiliency Fund Act."

SECTION. 2. Declaration of Policy. — In cognizance of the objective on the total electrification of the Philippines on an area coverage basis being vital to the welfare of its people and sound development of the nation, it is hereby declared the policy of the State to ensure and accelerate the total electrification of the country and pursue and foster, in an orderly and vigorous manner, the attainment of such objective. For this purpose, the State shall:

(a) Support and assist, to the fullest extent, electric cooperatives adversely affected by a fortuitous event or by force majeure in order to immediately restore electric service recognizing that the absence of electric service after a fortuitous event or by force majeure is a national security issue, thereby:

(1) Facilitating the rescue and relief...

Title: Electric Cooperatives Emergency and Resiliency Fund Act

Declaration of Policy (Section 2):
- Ensure and accelerate total electrification of the country.
- Support and assist electric cooperatives affected by fortuitous events or force majeure to restore electric service.
- Facilitate rescue, relief operations, availability of basic services, and aid recovery efforts.
- Provide financial assistance to electric cooperatives for reliable electric service.
- Allocate funds for disaster mitigation, preparedness, restoration, and rehabilitation.
- Require electric cooperatives to develop vulnerability assessments, disaster preparedness, and mitigation measures.

Scope (Section 3):
- Applicable to all electric cooperatives throughout the country.

Definitions (Section 4):
- Defines terms such as disaster, disaster mitigation, disaster preparedness, disaster prevention, electric cooperative, emergency response plan, force majeure, fortuitous event, Joint Congressional Power Commission, National Electrification Administration, National Disaster Risk Reduction and Management Fund, Resiliency Compliance Plan, restoration or rehabilitation, and Vulnerability and Risk Assessment.

Creation of Electric Cooperatives Emergency and Resiliency Fund (ECERF) (Section 5):
- Establishes the ECERF to be managed and administered by the National Electrification Administration (NEA).

Powers and Functions of NEA (Section 6):
- Formulate policies and coordinate implementation of electric cooperatives' emergency and resiliency management.
- Mandate electric cooperatives to submit Vulnerability and Risk Assessments and Emergency Response Plans.
- Review, approve, and certify electric cooperatives' disaster mitigation, preparedness, and prevention plans.
- Develop guidelines and requirements for electric cooperatives to avail of the ECERF.
- Formulate procedures for program participation and criteria for fund allocation.
- Determine annual budget of the ECERF and submit for Congressional approval.
- Receive donations for restoration of electric cooperatives' infrastructure.
- Provide assistance to electric cooperatives in preparing Resiliency Compliance Plans.
- Ensure feasibility of electric cooperatives' resiliency programs.
- Promulgate rules and regulations to implement the Act.

Responsibilities of Electric Cooperatives (Section 7):
- Ensure protection, preparedness, and mitigation of adverse impacts on infrastructure.
- Ascertain ability of manpower for emergency response and restoration efforts.
- Submit Vulnerability and Risk Assessment to NEA.
- Prepare and submit Resiliency Compliance Plan to NEA.
- Institutionalize and submit Emergency Response Plan to NEA.
- Comply with NEA's policies and requirements for program participation and fund allocation.
- Submit reports as required by NEA.
- Undertake activities necessary to implement the Act.

National Electric Cooperatives Emergency and Resiliency Plan (NECERP) (Section 8):
- Electric cooperatives to submit and update Vulnerability and Risk Assessments, Resiliency Compliance Plans, and Emergency Response Plans annually.
- Failure to submit bars electric cooperatives from accessing the ECERF.
- NEA to monitor and evaluate use and disbursement of ECERF based on electric cooperatives' plans.
- NEA to produce comprehensive NECERP integrated into National Disaster Risk Reduction and Management Plan.
- NECERP to be updated and submitted to Joint Congressional Power Commission by March 15 annually.

Appropriations (Section 9):
- Initial amount of Seven hundred fifty million pesos (P750,000,000.00) from National Disaster Risk Reduction and Management Fund.
- Subsequent amounts necessary for implementation to be included in annual General Appropriations Act.

Allocation of ECERF (Section 10):
- ECERF allocated exclusively for restoration or rehabilitation of electric cooperatives' damaged infrastructures after fortuitous events or force majeure.
- Cannot be used for conversion of calamity loan into grant.
- NEA to seek supplementary budget from National Disaster Risk Reduction and Management Fund in case of deficiency.

Donations (Section 11):
- NEA to receive donations in the form of funds, materials, or equipment for restoration or rehabilitation of electric cooperatives' infrastructure.
- Donations exempt from duties, fees, taxes, and other charges.

Reportorial Requirements (Section 12):
- NEA to ensure proper implementation and submit quarterly reports to Department of Energy, Joint Congressional Power Commission, and Office of the President.

Congressional Oversight (Section 13):
- Joint Congressional Power Commission to exercise oversight functions over implementation.

Evaluation (Section 14):
- Joint Congressional Power Commission to conduct systematic evaluation within 5 years after effectivity to determine remedial legislation.

Implementing Rules and Regulations (Section 15):
- NEA to promulgate implementing rules and regulations within 6 months from effectivity, in consultation with relevant agencies, electric cooperatives, and end-users.

Separability Clause (Section 16):
- If any provision is declared unconstitutional or invalid, other provisions not affected shall remain in full force and effect.

Repealing Clause (Section 17):
- Any law, decree, order, or regulation contrary to or inconsistent with the Act is repealed, modified, or amended accordingly.

Effectivity (Section 18):
- Act shall take effect 15 days after publication in the Official Gazette or a newspaper of general circulation.