In energy investments: energy infrastructure or services: any public infrastructure or development projects and services implemented under this Code [Section 3(cc), PPP Code of the Philippines]
In energy investments: energy infrastructure or services: any public Infrastructure or Development Projects and Services, which satisfies the elements provided under Section 4(rr) of this IRR [Section 4(vv), Implementing Rules and Regulations of Republic Act No. 11966, “An Act Providing for the Public-Private Partnership (PPP) Code of the Philippines”]
Note: The referenced Section 4(rr) of the IRR defines PPP as follows: “a contractual arrangement between an Implementing Agency and a Private Partner to finance, design, construct, operate, and maintain, or any combination or variation thereof, Infrastructure or Development Projects and Services which are typically provided by the public sector, where each party shares in the associated risks, and where the investment recovery of the Private Partner is linked to performance”.
In accordance with Section 5 of the IRR, such Infrastructure of Development Projects and Services include the following:
(g) Power generation, transmission, sub-transmission, distribution, including hydropower plants and related facilities;
(h) Downstream oil and gas industry facilities, and other energy-related facilities;
(i) Energy efficiency and conservation, renewable energy, and electric vehicle charging stations, and related facilities; …
(p) Multipurpose water resources projects covering a combination of irrigation, power, water supply, flood control, and related facilities; …
(cc) Climate change adaptation and mitigation and disaster risk reduction and management infrastructure projects, biodiversity conservation projects, and related facilities”.
Section 7(d) of the IRR states that the PPP Code of the Philippines and the IRR do not apply to the following:
(i) coal service contracts contemplated by PD No. 972, as amended, or the “Coal Development Act of 1976”;
(ii) petroleum service contracts contemplated by RA No. 387, as amended, or the “Petroleum Act of 1949”; …
(iv) renewable energy service or operating contracts awarded pursuant to RA No. 9513, or the “Renewable Energy Act of 2008”: Provided, That if the renewable energy project or renewable energy service or operating contract is bundled as a component of a PPP Project, such shall be considered a PPP and shall therefor be subject to the provisions of the Code and this IRR.