Obstructing power lines will soon be a criminal offense.
This after the House of Representatives under the leadership of Speaker Gloria Macapagal Arroyo ratified before it adjourned early June a bicameral conference committee report that ensures the continuous and uninterrupted transmission and distribution of electricity and the protection of the integrity and reliability of power lines.
The ratified measure, to be referred to as the “Anti-Obstruction of Power Lines Act,” reconciled the provisions of House Bill 6276 and Senate Bill 2098, authored by Rep. Carlos Roman Uybarreta of I CARE Party-list and Senator Sherwin Gatchalian, respectively.
The bill aims to ensure uninterrupted conveyance of electricity from generating plants to end-users, and protect the integrity and reliability of the country’s transmission, sub-transmission, and distribution systems by keeping the power line corridor clear of dangerous obstructions.
The proposed Act covers all power lines and other related facilities for the conveyance of electricity throughout the country.
The measure mandates that the power line corridor, which comprises the land beneath, the air spaces surrounding, and the area traversed by power lines including its horizontal, vertical, and similar clearance requirements, shall at all times be kept clear and free from any power line obstructions, dangerous structures, hazardous activities and improvements and other similar circumstances in accordance with the provisions of the Act.
The horizontal, vertical, and other similar clearance requirements that constitute the power line corridor shall be determined by the Board of Electrical Engineering and approved by the Department of Energy, and shall be in accordance with the current Philippine Electrical Code.
In case where the power line corridor is wholly or partially located within a private property not owned by the owner or operator of the power lines, it shall constitute a legal easement upon the private property in accordance with the relevant provisions under Book II, Title VII, Chapter 2 of the Civil Code of the Philippines or Republic Act No. 386, except if the owner or operator of the power lines shall acquire, lease, or enter into other gratuitous or onerous arrangement with the property owner.
In the case of legal easement, the owner of the private property shall be compensated with the proper legal easement fee pursuant to the provisions of RA 386 and other relevant laws, rules, and regulations.
The bill prohibits any person, whether natural or juridical, private or public to: 1) plant or cause to be planted tall growing plants, including those of whatever kind, variety, or height within the power corridor; 2) construct or erect any hazardous improvements within the power line corridor; 3) conduct or perform any hazardous activities within the power line corridor; 4) prevent or refuse duly authorized agents of the owner or operator of the power lines, entry to the property in the performance of acts as provided under the Act; and 5) perform other analogous acts or activities which will impair the conveyance of electricity and cause damage to power lines.
Likewise, in cases where the power line corridor is wholly or partially located within public property or on property owned by the owner or operator of the power lines, the owner or operator of power lines shall have the right to enter the said property to a) prevent and remove any power line obstruction; b) conduct maintenance and inspection activities within the power line corridor; c) conduct repair or restoration activities within the power line corridor; d) stop, prevent or prohibit the conduct of hazardous activities; and e) perform other analogous acts or activities which will cause the prevention and removal of any power line obstruction, among others as provided under the Act.
The measures also provides that it shall be the primary duty and responsibility of the owner or operator of power lines to remove power line obstructions while it shall be the primary duty and responsibility of the property owner to prevent power line obstructions and to inform the owner or operator of the power lines of the existence of power line obstructions.
In the event that the property owner fails to perform any duty and responsibility as provided under the Act, the owner or operator of the power lines shall have the right to access the power line corridor for the prevention and removal of power line obstructions.
It shall be the duty and responsibility of the owner or operator of the power lines to inform, educate, and communicate to individuals and communities in the areas it serves, the danger of existing power line obstructions, the urgency of removing them, the manner of preventing them, and other important related information.
The bill also provides for the relocation of persons residing in hazardous improvements in accordance with Republic Act (RA) 7279, otherwise known as the Urban Development and Housing Act of 1992, as amended.
In cases of gathering, collecting, removing and transporting timber, forest products, and coconut lumber as a result of acts performed as provided under the Act, due notice shall be given to the Department of Environment and Natural Resources (DENR) and the Philippine Coconut Authority (PCA) in the case of coconut lumber, and other related government agencies.
The power to exercise the right to eminent domain granted to any person with a franchise to operate, manage, or maintain the electric power lines shall be governed by the pertinent provisions of the Rules of Court, subject to the limitations and procedures prescribed by the law.
The bill mandates building officials of local government units (LGUs) to require the building owner who will be undertaking construction or maintenance activities surrounding, adjacent or proximate to the power line corridor to give due notice to, and coordinate with the concerned owner or operator of the power lines prior to the issuance of a building permit.
The measure imposes penalties upon any person, both natural and juridical, who are found guilty of committing any of the prohibit acts under the Act.
For the first offense, the penalty shall be arresto mayor or a fine of P50,000, or both at the discretion of the court.
For the second offense, the penalty shall be prision correctional or a fine of P100,000 or both at the discretion of the court.
For the third offense, the penalty shall be prision mayor or a fine of P200,000, or both, at the discretion of the court.
If the offenses are committed by or in a conspiracy with an officer or employee at the owner or operator of the power line, such officer or employee shall suffer a penalty of one degree higher that the penalty provided therein.
The measure tasks the Joint Congressional Energy Commission to exercise oversight powers over the implementation of the Act.
Moreover, the DOE shall, in consultation with the National Electrification Administration, National Power Corporation, Board of Electrical Engineering, National Transmission Corporation, Department of Public Works and Highways, National Housing Authority, Housing and Land Use Regulatory Board, Housing and Urban Development Coordinating Council, DENR, PCA, National Commission on the Indigenous Peoples, Philippine National Police, Armed Forces of the Philippines, electric power industry stakeholders, and private stakeholders, issue the implementing rules and regulations of the Act within 120 days upon its effectivity.