Rise of electric vehicle (1)

The Russia-Ukraine war, which has adversely affected petroleum supply and delivery, highlighted the need to develop an alternative energy source. Republic Act 11697, or the Electric Vehicle Industry Development Act (EVIDA), which introduced the development of electric vehicles in the Philippines, is a timely measure.

The purpose of EVIDA is to encourage the development, commercialization and utilization of the electric vehicle industry in the Philippines, including the aspect of a) manufacture; b) assembly; c) importation; d) construction; e) installation; f) maintenance; g) trade and utilization; h) research and development; i) regulation of electric vehicles; and j) charging stations and related equipment, parts and components, batteries, and related support infrastructure.

To encourage wider participation in the EV industry, the government recognizes the need to address a common concern for all: Battery charging stations and parking slots dedicated to electric vehicles.

The Department of Energy (DoE) has been tasked to be the lead agency in promoting the use of EVs and the construction of charging stations and related equipment in collaboration with other government agencies.

These government agencies shall formulate an annual plan to accelerate a Comprehensive Roadmap for the Electric Vehicle Industry (CREVI) for the following four components, including: a) EVs and charging stations; b) manufacturing; c) research and development component; and d) human resource development.

Relative to the mandate of the EVIDA, several entities shall ensure that EVs shall be accounted for at least five percent of their fleet within the time frame specified in the CREVI. These entities include industrial and commercial companies, such as cargo logistics companies, food delivery companies, tour agencies, hotels, power utilities, and water utilities; public transport operators, including minibuses, buses, jeepneys, vans, tricycles, taxis, and transport network vehicle services; and (LGUs, NG and government-owned and controlled corporations.

Further, all private and public buildings and establishments constructed after the effectivity of EVIDA and pursuant to the National Building Code of the Philippines shall designate dedicated parking slots for the exclusive use of EVs, in proportion to the total number of parking slots within the building or establishment as provided in the CREVI.

In the event there are 20 or more parking slots in a building or establishment, there should be at least five percent of the total number of parking slots dedicated for EVs.

Those existing private and public buildings and establishments are also called to strictly comply with these requirements within the time frame as may be indicated in the CREVI.

No permit shall be issued by the LGU for the construction or renovation of a building or establishment unless this mandate is complied with.

The CREVI shall also determine the circumstances when dedicated parking slots shall be installed with a charging station either by the owner of the building, or a charging station service provider.

For a public building, the CREVI shall identify the charging stations for the installation of commercial use by the public.

Selected gasoline stations identified in the CREVI shall further be required to designate dedicated spaces for the installation of commercial use charging stations for the public. These selected gasoline stations shall not be issued a construction, operation, or compliance permit by the DoE unless the owner shows there is ample space for the construction or installation of charging stations within its premises.

(To be continued)

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For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com.

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