Philippine Energy Policy Wiki

EO 21 (s. 2023): Policy and Administrative Framework for Offshore Wind Development

Status
operative
Confidence
high
Effective date
2023-04-19

Full title: Directing the Establishment of the Policy and Administrative Framework for Offshore Wind Development

Signed: April 19, 2023 | President: Ferdinand R. Marcos Jr.

This EO is the foundational instrument for the Philippines’ offshore wind (OSW) program. It mandates a whole-of-government permitting framework and directs its integration into the Energy Virtual One-Stop Shop (EVOSS). It is one of the most consequential energy EOs of the Marcos Jr. administration, enabling the rapid expansion of offshore wind energy service contract (WESC) awards.

Background

The Philippine Offshore Wind Roadmap identified 178 GW of total technical potential for offshore wind [EO 21, s. 2023, WHEREAS ¶4, 2023-04-19]. The PEP 2020-2040 targeted RE share increases from the then-current 22% to 35% by 2030 and 50% by 2040 [EO 21, s. 2023, WHEREAS ¶3, 2023-04-19]. The EO cites the need for a whole-of-government approach to streamline and expedite permitting for OSW projects [EO 21, s. 2023, WHEREAS ¶6, 2023-04-19].

(Context not drawn from this EO’s text: the ~62 GW of aggregate contracted WESC potential awarded by early 2023 comes from DOE WESC award records, and the CES-1: 19 GW / CES-2: 50 GW figures come from the PEP 2023-2050 Clean Energy Scenarios — see Offshore Wind (OSW) . Neither appears in EO 21’s WHEREAS clauses, which run ¶1–¶6.)

Key Provisions

§2 — Policy and Administrative Framework (OPAF): DOE granted 60 days to formulate and issue the Offshore Wind Policy and Administrative Framework (OPAF) for efficient and optimal OSW resource development, applicable to all Permitting Agencies [EO 21, s. 2023, §2, 2023-04-19].

§3 — Permit mapping: All Permitting Agencies must submit to DOE within 60 days a complete list of applicable permits, requirements, fees, and procedures. DILG must separately submit an LGU permit list [EO 21, s. 2023, §3, 2023-04-19].

§4 — EVOSS integration: DOE to review submissions within 30 days and either (a) initiate full integration of applicable permits into EVOSS per RA 11234, or (b) require the Permitting Agency to remediate a deficient submission. After integration, all OSW permitting to go through EVOSS exclusively [EO 21, s. 2023, §4, 2023-04-19].

§5 — Processing timelines: All Permitting Agencies must strictly observe RA 11234 timelines for permit processing [EO 21, s. 2023, §5, 2023-04-19].

§6 — Fee rationalization: All Permitting Agencies to review and update fees to support OSW development [EO 21, s. 2023, §6, 2023-04-19].

§7 — Grid transmission: DOE to coordinate with NGCP and TransCo to ensure timely development of grid interconnection facilities for OSW projects [EO 21, s. 2023, §7, 2023-04-19].

§8 — Agency support: All concerned national government agencies and instrumentalities, GOCCs, and LGUs are directed to provide the necessary assistance and support to DOE for the successful implementation of the Order [EO 21, s. 2023, §8, 2023-04-19]. (In the cleaned source, §8’s heading and opening word were lost to a scrape defect — “…to the Grid.tion 8. Agency Support…” — so the section reads as a continuation of §7; recovered here from the raw text and the live lawphil.net page.)

§9 — Implementing guidelines: Within 30 days of issuance, DOE to issue the guidelines necessary to implement the Order, including an enumeration of the OSW Development Activities [EO 21, s. 2023, §9, 2023-04-19].

§§10–12 are boilerplate: separability, repeal of inconsistent issuances, and effectivity “immediately” [EO 21, s. 2023, §§10–12, 2023-04-19].

Permitting Agencies (Annex A)

Includes: DAR, DA (BFAR), DENR (BMB/EMB/FMB/LMB), DOJ, DOLE, DND, DPWH, DTI, DOTr (CAAP/MARINA/PCG/PPA), BOC, BI, BIR, Bureau of Quarantine, ERC, NCIP, NGCP, NAMRIA, NPC, TransCo, PSALM [EO 21, s. 2023, Annex A, 2023-04-19]. PSALM’s inclusion is notable given its role as manager of stranded generation assets, relevant to transmission coordination for OSW interconnection.

Implementing Issuances

  • DC2023-05-0013 (EO 21 Implementing Guidelines, May 18, 2023) — Issued 29 days after EO 21; establishes OPAF components, WESC streamlining procedures
  • DC2023-06-0020 (Offshore Wind Policy and Administrative Framework, June 2023) — Full OPAF document

Policy Notes

  • The most significant Marcos Jr. energy policy EO to date — the offshore wind framework has enabled rapid expansion of WESC awards
  • See Offshore Wind (OSW) for the comprehensive OSW policy framework, 100% foreign equity allowance, CEFI Roadmap, and connection to the PEP 2023-2050 scenarios

Note: DC2023-05-0013 and DC2023-06-0020 regulation pages are pending creation; source summaries are available at Digest: DC2023-05-0013 — Implementing Guidelines of Executive Order No. 21 (EO 21-IG) and Digest: DC2023-06-0020 — Policy and Administrative Framework for Offshore Wind Development (OPAF) .

Full text: Cleaned copy