REPUBLIC ACT NO. 11039, June 29, 2018
AN ACT INSTITUTIONALIZING THE ELECTRIC COOPERATIVES EMERGENCY AND RESILIENCY FUND AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
(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 thebabsence of electric service after a fortuitous event or by force majeure is a national security issue, thereby:
(1) Facilitating the rescue and relief operations, availability of basic services such as food, water, medicine, and hospitals, and mitigation of civil unrest;
(2) Aiding the normal functioning of local government units (LGUs) and communities, and easing the recovery of the adversely affected individuals and families; and
(3) Complementing the efforst of the affected LGUs in expiditing the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas.
(b) Provide an orderly and continuing means of financial assistance to electric cooperatives in carrying out their responsibility of providing reliable electric service necessary to alleviate the sufferings and damages brought about by a fortuitous event or force majeure by:
(1) Allocating funds in the form of grants for disaster mitigation, disaster preparedness, and restoration or rehabilitation of electric cooperatives damaged facilities that are readily accessible;
(2) Providing a streamlined process for the availment of the fund; and
(3) Requiring the electric cooperatives to develop and implement comprehensive vulnerability and risks assessments which identify disaster prepareness and mitigation measures to protect and strengthen critical infrastructure assets, and emergency response plans to address immediate restoration or rehabilitation efforts.
SEC. 4. Definition of Terms.- As used in this Act:
(a) Disaster refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic, or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of life, injury, disease, and other negative effects on human, physical, mental, and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption, and environmental degradation;
(b) Disaster mitigation refers to the lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction of structures as well as improved environmental policies and public awareness;
(c) Disaster preparedness refers to the knowledge and capacities developed by governments, professional response and recovery organizations, communities, and individuals to effectively anticipate, respond to, and recover from the impacts of likely, imminent, or current hazard events or conditions. Prepareness action is carried out within the context of disaster risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery. Prepareness is based on a sound analysis of disaster risk and good linkages with early warning systems, and includes such activities as contingency planning, stockpiling of equipment and supplies, the development of arrangements for coordination, evacuation and public information, and associated training and field exercises. These must be supported by formal, institutional, legal, and budgetary capacities;
(d) Disaster prevention refers to the outright avoidance of adverse impacts of hazards and related disasters. It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as construction of dams or embankments that eliminate flood risks, land-use regulations that do not permit any settlement in high-risk zones, and seismic engineering designs that ensure the survival and function of a critical building in any likely earthquake:
(e) Electric cooperative (EC) refers to a distribution utility created and operating pursuant to Presidential Decree No. 269, otherwise known as the "National Electrification Administration Decree", as amended, and other existing laws;
(f) Emergency response plan refers to the written and formal plan developed based on the results of the Vulnerability and Risk Assessment. It contains the organizational structure and steps which will enable the EC to restore its system in a safe and timely manner after a fortuitous event or force majeure;
(g) Force majeure refers to an event that is a result of elements of nature that cannot be reasonably anticipated or controlled, such as typhoon, storm, tropical depression, flood, drought, volcanic eruption, earthquake, tidal wave, or landslide;
(h) Fortuitous event refers to an act of war (declared or undeclared), sabotage, blockade, revolution, riot, insurrection, civil commotion, or any violent or threatening action;
(i) Joint Congressional Power Commission (JCPC) refers to the Commission created under Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001";
(j) National Electrification Administration (NEA) refers to the government agency created under Presidential Decree No. 269, otherwise known as the "National Electrification Administration Decree", as amended:
(k) National Disaster Risk Reduction and Management Fund refers to the calamity fund appropriated under the annual General Appropriations Act which is used for disaster risk reduction or mitigation, prevention and preparedness activities, and disaster rehabilitation and recovery as provided under Republic Act No. 10121, otherwise known as the "Philippine Disaster Risk Reduction and Management Act of 2010";
(l) Resiliency Compliance Plan refers to a list of projects and programs of an EC, including the financial requirements, funding sources, and timeline of implementation, necessary to protect and mitigate the disaster vulnerability of all its infrastructure while taking into account the results of the Vulnerability and Risk Assessment;
(m) Restoration or rehabilitation refers to the actions or activities undertaken by the ECs to rebuild, replace, or repair the necessary facilities to provide reliable electric service to member-consumers after a fortuitous event or force majeure, taking into consideration the designs, materials, or equipment that will make the infrastructure more resilient; and
(n) Vulnerability and Risk Assessment refers to the EC's identification of critical assets and the development of disaster preparedness, and disaster prevention and mitigation measures to protect, restore, or strenghten critical assets prior to the onset of a fortuitous event or force majeure.
(a) Formulate policies and coordinate the implementation of all activities of the ECs relative to emergency and resiliency management, in consultation with the National Disaster Risk Reduction and Management Council (NDRRMC);
(b) Mandate the ECs to submit their respective comprehensive and integrated disaster management programs such as, but not limited to. Vulnerability and Risk Assessments and Emergncy Response Plans, and thereafter monitor the implementation of the same;
(c) Review, approve, and certify, in consultation with the NDRRMC, all activities, including financial requirements, of the ECs relative to disaster mitigation, disaster preparedness, and disaster prevention plans as a result of the Vulnerability and Risk Assessment;
(d) Develop reasonable guidelines and rational documentary requirements for the ECs to avail of the ECERF:
(e) Formulate an efficient procedure for program participation and criteria for fund allocation;
(f) Determine the annual budget of the ECERF and submit the same for approval by Congress:
(g) Receive donations, in the form of funds, materials or equipment, which are intended for the purpose of addressing the restoration of the ECs' infrastructure damaged by a fortuitous event or force majeure, subject to existing auditing rules and regulations;
(h) Provide necessary assistance to the ECs', including the preparation of individual Resiliency Compliance Plans for incorporation in their respective Distribution Development Plans submitted to the NEA;
(i) Ensure that the ECs' resiliency programs are feasible in accordance with sound mangement, economic, and engineering standards; and
(j) Promulgate such rules and regulations as may be necessary to implement the objectives and provisions of this Act.
(a) Submit to the NEA a Vulnerablility and Risk Assessment of all their infrastructure in accordance with the NEA-approved template:
(b) Prepare and submit to the NEA a Resiliency Compliance Plan to include a list of projects and programs, including the financial requirements, funding sources, and timeline of implementation, necessary to protect and mitigate the disaster vulnerability of all their infrastructure;
(c) Institutionalize and submit to the NEA an Emergency Response Plan to be activated immediately after the occurrence of a fortuitous event or force majeure;
(d) Comply with the NEA's policies and procedural requirements for program participation and fund allocation;
(e) Submit reports as may be required by the NEA; and
(f) Undertake all other activities necessary to implement the objectives and provisions of this Act.
Approved,
(SGD.) PANTALEON D. ALVAREZ Speaker of the House of Representatives | (SGD.) AQUILINO "KOKO" PIMENTEL III President of the Senate |
This Act which is a consolidation of Senate Bill No. 1461 and House Bill No. 7054 was passed by the Senate and the House of Representatives on March 19, 2018.
(SGD.) CESAR STRAIT PAREJA Secretary General House of Representatives | (SGD.) LUTGARDO B. BARBO Secretary of the Senate |
Approved: June 29, 2018
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines