DC2019-11-0014 — Implementing Rules and Regulations of RA 11285 (EEC-IRR)

Department Circular No. DC2019-11-0014, signed 22 November 2019 by DOE Secretary Alfonso G. Cusi, pursuant to Section 35 of RA 11285 (Energy Efficiency and Conservation Act) [DC2019-11-0014, Preamble, 2019-11]. This is the omnibus Implementing Rules and Regulations for the Act — the “EEC-IRR” — cited by name in every EEC circular ingested so far in this corpus. 19 Rules, 92 sections.

Ingest status: complete — all 19 Rules ingested in this pass.

Title, policy and scope (Rule I, §§1-3)

Restates RA 11285’s four declared policies verbatim — EEC as a national way of life, promotion of efficient RE technologies, reinforcement of related laws, and a market-driven approach — and frames the IRR’s scope as institutionalizing EEC policy and delineating responsibilities among government agencies and private entities [DC2019-11-0014, §§1-3, 2019-11].

Key definitions (Rule II)

Definitions largely track RA 11285 §4 but the IRR is the more precise reference for a few terms that recur across the corpus [DC2019-11-0014, Rule II, 2019-11]:

A third, distinct near-acronym. Rule V §30 (“National Energy Efficiency and Conservation Office”) establishes a “NEE&C Office” specifically “to support the NEECCO” in integrating Local EE&C Plans and in GEMP matters before the IAEECC [DC2019-11-0014, §30, 2019-11] — this is an LGU-support function under Rule V (Local Government Units), narrower than the “NEECO” described in MOC: Philippine Energy Plan 2023-2050 — Volume II as a large national EEC coordinator “to be established,” not yet stood up as of December 2023 [PEP 2023-2050 Vol. II, p.58, 2023]. Digest: RA 11285 — Energy Efficiency and Conservation Act ’s existing page already flags the NEECO/NEECCO naming collision; this IRR adds a third near-identical entity (the §30 “NEE&C Office”) to that set. See Spec Feedback / manifest for the proposed cross-reference — not resolved here since it touches a pre-existing page this ingest may not edit.

DOE as lead agency (Rule III, §§4-5)

DOE holds 16 enumerated functions (§4(a)-(p)) including NEECP formulation, the National EE&C Database, MEP development with DTI-BPS, DE reclassification, LGU support, and the national IEC/advocacy campaign [DC2019-11-0014, §4, 2019-11]. §5 grants visitorial and on-site inspection powers over Designated Establishments during office hours, in the presence of an authorized representative [DC2019-11-0014, §5, 2019-11].

Other government agencies (Rule IV, §§6-26)

Twenty-one sections assign EEC roles to other agencies, closely tracking RA 11285 §6 with more implementation detail. Notable IRR-specific detail beyond the Act [DC2019-11-0014, §§10, 11, 21, 2019-11]:

• CHED (§10): must prescribe energy-management courses into engineering curricula through a CHED Memorandum Order — the specific instrument RA 11285 itself does not name.
• DBM (§11): its Procurement Service must adopt DOE-certified specifications/ratings for common-use government supplies and equipment procurement.
• GCG (§21): must fold energy efficiency into the GOCC Performance Evaluation System under GCG Memorandum Circular No. 2013-02.

Local government units (Rule V, §§27-32)

LGUs except barangays must each establish an EECO from their General Fund appropriations [DC2019-11-0014, §28, 2019-11]. Transition mechanism specific to this IRR: within 3 years of EEC-IRR effectivity, an LGU’s existing planning and development office is deemed its EECO by default, and that office’s head is deemed the EEC Officer, if the LGU has not separately designated either [DC2019-11-0014, §§28-29, 2019-11]. The EEC Officer must be at least a college graduate, may be an existing LGU employee or an external hire, and is funded from the LGU’s existing budget [DC2019-11-0014, §29, 2019-11]. LGUs may also grant local fiscal/permitting incentives for EE projects through their Local Investment Incentives Plan under RA 7160 §109 [DC2019-11-0014, §32, 2019-11].

Energy end users and the IAEECC (Rules VI-VII, §§33-42)

All energy end users must use resources efficiently; DOE (through EUMB) monitors compliance and may inspect facilities [DC2019-11-0014, §§33-34, 2019-11].

The Inter-Agency Energy Efficiency and Conservation Committee (IAEECC) is created per RA 11285 §9, chaired by the DOE Secretary, with the Secretaries of DBM, DOF, DTI, DOTr, DOST, DILG, DPWH and the NEDA Director-General as members; EUMB serves as Secretariat [DC2019-11-0014, §§35-36, 39, 2019-11]. Its powers include annual assessment of energy-cost-reduction opportunities in state buildings (with 5-year historical + 3-year projected consumption data), review of capital projects and operating budgets, technical assistance, and annual reporting on GEMP status [DC2019-11-0014, §37, 2019-11]. Meets at least quarterly [DC2019-11-0014, §41, 2019-11].

Government Energy Management Program (Rule VIII, §§43-45)

GEMP covers all government agencies, GOCCs, LGUs, SUCs; each entity must budget for its own energy-management program from 2020 onward and designate its own energy efficiency and conservation officer (distinct from — and in addition to — an LGU’s Rule V EEC Officer) who prepares the EECP, submits it to DOE, and files monthly energy performance reports [DC2019-11-0014, §§43, 45, 2019-11]. This is the provision Digest: DC2023-05-0009 — GEMP EEC Professionals and RTI Guidelines later builds a three-tier professional hierarchy (EEC Officer / Focal Person / Coordinator) on top of, and that RA 11285’s IAEECC (§9) directs strategically.

Financing and professional competency (Rules IX-X, §§46-54)

Government EE projects may be financed via RA 9184 procurement, the BOT Law (RA 6957/7718), the Local Government Code, or NEDA JV Guidelines, including savings-based repayment to ESCOs [DC2019-11-0014, §47, 2019-11].

Rule X is the certification root that Digest: DC2021-01-0001: Guidelines for the Qualifications, Assessment, Registration, and Certification of Energy Conservation Officers (CECO), Energy Managers (CEM), and Energy Auditors (EA) later implements in detail:

• §49 directs DOE+TESDA to build the CECO certification system (aligned to PQF levels 1-5) and DOE (with stakeholders) to build the CEM system for licensed engineers; §49(c) gives DOE/CHED/TESDA a 3-year transitory period from IRR effectivity to develop training modules, during which Designated Establishments may appoint CECOs/CEMs meeting the qualifications minus the examination requirement [DC2019-11-0014, §49, 2019-11].
• §50-51 set CECO qualifications (2+ years hands-on experience, Type 1 DEs) and CEM qualifications (licensed engineer, or 4-year graduate with 3+ years hands-on experience, Type 2 DEs) — the same thresholds DC2021-01-0001 §4 later restates [DC2019-11-0014, §§50-51, 2019-11].
• §53 directs DOE to strengthen ESCO certification (audits, design engineering, financing, construction management, O&M, savings verification).
• §54 directs DOE, with TESDA, to develop Energy Auditor certification guidelines — the basis for DC2021-01-0001’s EA track [DC2019-11-0014, §54, 2019-11].

Minimum Energy Performance and labeling (Rules XI-XII, §§55-61)

Rule XI (§§55-57): MEPS for commercial/industrial/transport sectors, developed within 1 year of the Act’s effectivity guided by a NEDA-assisted cost-benefit analysis; MEP for products under the PESLP; building energy performance enforced through LGU building permits, with state buildings additionally bound to GEMP/IAEECC guidelines [DC2019-11-0014, §§55-57, 2019-11].

Rule XII (§§58-61) is the labeling regime Digest: DC2020-06-0015 (PELP) and Digest: DC2023-05-0017 (VFELP) later operationalize: the energy efficiency rating/label for products (minimum content: rating, monthly consumption estimate, brand/model, QR code, year issued) and the fuel economy label for vehicles (model/make, production year, rating in km/L, CO2 per km) [DC2019-11-0014, §§58-60, 2019-11]. The vehicle rating specifically could not be enforced for the first 2 years after EEC-IRR effectivity, reserved for DOE data collection [DC2019-11-0014, §60(b), 2019-11]. §61 gives DOE product-dismantling and testing authority, plus third-party testing-lab qualifications (PAB accreditation, independence from covered manufacturers).

Designated and other establishments (Rule XIII, §§62-69)

The DE thresholds DC2021-01-0001 and every downstream EEC page in this corpus cite: Type 1 = 500,000-4,000,000 kWh/yr; Type 2 = over 4,000,000 kWh/yr, both DOE-adjustable [DC2019-11-0014, §63, 2019-11]. Nine obligations for all DEs (§66): ISO 50001 (or equivalent) system, EE program targets, monthly consumption records, annual reduction targets per the National EE&C Plan, annual ECCR by April 15, energy audit every 3 years, employment of a CECO (Type 1) or CEM (Type 2), and DOE notification within 10 working days of CECO/CEM personnel changes [DC2019-11-0014, §66, 2019-11]. Establishments at 100,000-499,999 kWh/yr file an annual consumption report and adopt ISO 50001 but face no professional-employment or audit mandate (voluntary only) [DC2019-11-0014, §68, 2019-11].

Demand-side management, incentives, waste, and organization (Rules XIV-XVII, §§70-79)

DOE, with ERC and PEZA, pursues a DSM program for the power industry [DC2019-11-0014, §70, 2019-11]. Fiscal incentives run 10 years from the Act’s effectivity, exempt from Omnibus Investments Code Article 32(1) [DC2019-11-0014, §71, 2019-11]. DENR (with DOE/DILG) develops a Waste Management Collection, Recycling and Disposal Strategy for energy-device waste [DC2019-11-0014, §76, 2019-11]. EUMB is reorganized into four divisions — Alternative Fuels and Energy Technology (AFETD); EE&C Program Management and Technology Promotion (EPMPD); EE&C Public Sector Management (EPSMD); EE&C Performance Regulation and Enforcement (EPRED) — the same structure RA 11285 §29 itself names [DC2019-11-0014, §77, 2019-11].

Prohibited acts and enforcement (Rule XVIII, §§80-84)

Nine prohibited acts (§80) mirror RA 11285 §30: labeling non-compliance, label removal/defacement before first retail sale, false/misleading energy information, sale of non-MEP-compliant products, failure to appoint CECO/CEM, refusing on-site inspection, refusing to submit required reports, non-compliance with DOE orders, and violating any EEC-IRR provision [DC2019-11-0014, §80, 2019-11]. Enforcement follows a four-step explanation → recommendation → public disclosure → order sequence before fines attach (§81) [DC2019-11-0014, §81, 2019-11]. Administrative fines: PhP10,000-1,000,000 per violation (§83). Criminal liability: 1-5 years imprisonment or PhP100,000-100,000,000 (or twice the avoided cost, whichever is higher), attaching to the responsible officer in an association/partnership/corporation (§84) [DC2019-11-0014, §§83-84, 2019-11].

Final provisions (Rule XIX, §§85-92)

§85 mandates DOE-led IEC campaigns (with NPC, NEA, ERC, the Development Academy of the Philippines, and the Philippine Information Agency) — the mandate Digest: DC2023-05-0018 and Energy Efficiency and Conservation (EEC) cite as “EEC-IRR §85” [DC2019-11-0014, §85, 2019-11]. §87 gives DOE 6 months from promulgation to frame all codes and guidelines the IRR contemplates. §92 sets effectivity at 15 days after publication and ONAR filing.

Full text: Cleaned copy