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Lead Agency.
SEC. 5. Lead Agency. – The DOE shall be the primary government agency responsible for the implementation and enforcement of this Act. The DOE shall regulate, supervise, and monitor the LPG industry and all LPG industry participants to ensure compliance with the health, safety, security, and environmental standards, the applicable PNS, and other accepted codes and standards as adopted by the DTI as PNS.
Powers and Functions of the DOE.
SEC. 6. Powers and Functions of the DOE. – In addition to its mandate under Republic Act No. 7638, otherwise known as the “Department of Energy Act of 1992”, and Republic Act No. 8479, otherwise known as the “Downstream Oil Industry Deregulation Act of 1998”, the DOE shall have the following powers and functions: (a) Prepare the LPG Industry Development Plan, in consultation with public and private stakeholders, which shall be integrated into the Philippine Energy Plan; (b) Implement and ensure compliance with the quality and safety standards prescribed in the PNS and other accepted codes and standards as adopted by the DTI as PNS for: (1) Refining plants, refilling plants, depots, storage area, transportation facilities, retail outlets, auto-LPG dispensing stations, and other related facilities or premises of LPG industry participants; (2) LPG, LPG pressure vessels including filled or unfilled cylinders in circulation which are for distribution and sale to dealers, retail outlets, and end-consumers, and other ancillary equipment, and (3) Centralized LPG piping systems; (c) Issue and enforce compliance with the following: (1) Licenses to operate for qualified LPG industry participants. The DOE shall have the power to suspend or revoke these, after due notice and hearing, for any LPG industry participant found to have committed any of the prohibited acts under Chapter XI of this Act, (2) Closure or cease and desist orders, after due notice and hearing, to any concerned LPG industry participant found to have committed any of the prohibited acts under Chapter XI of this Act, (3) Guidelines for: (i) Disposal of LPG, LPG contaminated water, and LPG pressure vessels together with the Department of Environment and Natural Resources (DENR); and (ii) Authorized motor vehicles used in the transportation pf LPG in bulk. LPG from one LPG industry participant to another, and filled and unfilled LPG pressure vessels to other LPG industry participants and end-consumers, and the registration thereof, together with the Land Transportation Office (LTO) and the Bureau of Fire Protection (BFP), pursuant to Section 37 of this Act; (d) Direct LPG trademark owners to periodically submit LPG pressure vessels for requalification pursuant to Section 7 of this Act; (e) Convene technical working groups and technical committees, comprised of public and private stakeholders, that shall undertake the promulgation and review of policies, rules, regulations, and guidelines, and the development of standards, respectively; (f) Approve and authorize LPG seals of trademark owners and marketers; (g) Investigate motu propio or upon report of any person, impose and collect fines and penalties, initiate and resolve the necessary administrative action, or initiate the necessary criminal care against the responsible persons for any violation of this Act by any LPG industry participant, pursuant to Chapter XI of this Act; (h) Confiscate, recall, seize, impound, and prohibit the following: (1) LPG seals that are noncompliant with standards, rules and regulations including those in illegal possession or use of such LPG seals, and (2) LPG that does not meet the PNS, defective, unsafe, injurious, dangerous, generic, underfilled, illegally refilled, defective, or substandard LPG pressure vessels in circulation, and ancillary equipment, or those that are found in violation of the provisions of this Act: Provided, That duly requalified generic LPG cylinders already in the market at the time of the effectivity of this Act which were not illegally imported shall only be confiscated, recalled, seized, impounded, and prohibited after the lapse of the transition period of the LPG Cylinder Improvement Program determined by the DOE pursuant to Section 32 of this Act; (i) Exercise visitorial powers to ensure the effective implementation of this Act, which shall include the power to scrutinize the records of LPG industry participants, except, trade secrets and proprietary information, and to inspect their premises, LPG seals, ancillary equipment, and filled and unfilled LPG pressure vessels, including those in transit, which are for distribution and sale to dealers, retail outlets, and end-consumers: Provided, That trade secrets and proprietary information shall be defined in this Act’s implementing rules and regulations; (j) Require LPG industry participants to submit written or electronic forms or reports as it may deem necessary and reasonable pursuant to Section 33 of this Act; (k) Create, maintain, and regularly update a central database of LPG industry participants and an inventory of existing and projected LPG supply levels pursuant to Section 34 of this Act; (l) Regularly publish in a newspaper of general circulation or the DOE website the list of LPG industry participants whose licenses to operate have been revoked; (m) Formulate and publish, together with the DTI, the guidelines, rules and regulations for the LPG Cylinder Exchange and Swapping Program, and the LPG Cylinder Improvement Program pursuant to Sections 31 and 32 of this Act; (n) Undertake with the DTI, the Department of the Interior and Local Government (DILG), and the BFP information, education and communication activities on health, safety, security, environmental, and quality standards for LPG, LPG pressure vessels, auto-LPG vehicles, ancillary equipment, and authorized motor vehicle transporting LPG and LPG pressure vessels to enhance awareness among end-consumers, local government units (LGUs), and the Philippine National Police (PNP); (o) Conduct, in collaboration with the Department of Science and Technology, research and development towards new LPG technologies and LPG pressure vessel improvement and more efficient methods of providing, safe, clean, and hazard-free LPG to end-consumers; and (p) Exercise such other powers and functions as may be necessary or incidental to attaining the objectives of this Act.
Powers and Functions of the DTI.
SEC. 7. Powers and Functions of the DTI. – In addition to its mandate under existing laws such as Republic Act No. 4109, the DTI shall have the following powers and functions: (a) In collaboration with the DOE and related stakeholders, develop, formulate, promulgate, review and revise, as may be necessary, the PNS for: (1) Refining plants, refilling plants, depots, storage areas, transportation facilities, retail outlets, installation of auto-LPG containers, retrofitting of motor vehicles with auto-LPG containers, auto-LPG conversion shops, auto-LPG dispensing stations, and other related facilities of LPG industry participants, (2) LPG, LPG pressure vessels including LPG cylinders in circulation, whether filled or unfilled, which are for distribution and sale to dealers, retail outlets, and end-consumers, and other ancillary equipment, and (3) Centralized LPG pipping systems; (b) Determine methods of requalification of LPG pressure vessels and accredit requalifiers of LPG pressure vessels, if applicable, through the issuance of the necessary certificate; (c) Certify manufacturers, importers, and repairers of LPG pressure vessels and auto-LPG conversion shops pursuant to its powers under Republic Act No. 4109; (d) Determine the frequency of requalification of LPG pressure vessels, if applicable; (e) Inspect, evaluate and confirm compliance with the PNS and other accepted codes and standards adopted by the DTI as PNS, and fitness for sale and public distribution of LPG pressure vessels and ancillary equipment through the issuance of the necessary licenses and certificates pursuant to its powers under Republic Act No. 4109; (f) Grant and revoke, if warranted, the issued licenses and certificates of LPG industry participants and their respective LPG pressure vessels pursuant to Section 26 of this Act; and (g) Undertake with the DOE, DILG, and BFP information, education, and communication activities pursuant to Section 6 of this Act.
Powers and Functions of the DILG.
SEC. 8. Powers and Functions of the DILG. – In addition to its mandate under existing laws, the DILG shall have the following powers and functions: (a) Undertake with the DOE, DTI, and BFP information, education, and communication activities pursuant to Section 6 of this Act; (b) Coordinate and cooperate with the DOE for the orderly and effective implementation of this Act, rules, regulations, and other issuances promulgated pursuant thereto, including LGU permitting and monitoring, together with the LGUs, BFP, and PNP; and (c) Extend all the necessary assistance to the DOE with respect to the enforcement of measures to attain the objectives of this Act.
Powers and Functions of the BFP.
SEC. 9. Powers and Functions of the BFP. – In addition to its mandate under existing laws, the BFP shall strictly implement the provisions of Republic Act No. 9514, otherwise known as the “Fire Code of the Philippines of 2008”, and its revised implementing rules and regulations, on the manufacturing, storage, handling, use, and transportation of LPG including fire safety devices and the issuance of all relevant permits and certificates: Provided, That the guidelines for the transportation of LPG and LPG pressure vessels shall be formulated together with the DOE and LTO, pursuant to Section 37 of this Act. The BFP shall also undertake with the DOE, DTI, and DILG information, education, and communication activities pursuant to Section 6 of this Act. The BFP shall issue appropriate guidelines and regulations governing the fire safety of LPG facilities and safety measures in the manufacture, storage, handling, use and transportation of LPG.
Powers and Functions of the LTO and the Land Transportation Franchising and Regulatory Board (LTFRB).
SEC. 10. Powers and Functions of the LTO and the Land Transportation Franchising and Regulatory Board (LTFRB). – In addition to their mandates under existing laws, the LTO and LTFRB, whichever is applicable, shall issue the appropriate guidelines and regulations governing the following: (a) Auto-LPG motor vehicles including those utilized as public utility vehicles, related facilities, and inspection centers; and (b) Authorized motor vehicles used in the transportation of LPG in bulk, LPG from one LPG industry participant to another, and filled and unfilled LPG pressure vessels to other LPG industry participants and end-consumers, together with the DOE and the BFP, pursuant to Section 37 of this Act.
Powers and Functions of Maritime Industry Authority (MARINA).
SEC. 11. Powers and Functions of Maritime Industry Authority (MARINA). – In addition to its mandate under existing laws, the MARINA shall, upon coordination with the DOE and in consultation with public and private stakeholders, issue the appropriate guidelines and regulations governing marine vessels transporting LPG and filled and unfilled LPG pressure vessels.
Powers and Functions of LGUs.
SEC. 12. Powers and Functions of LGUs. – In addition to their mandate under existing laws, LGUs shall have the following powers and functions: (a) Assist the DOE in identifying an area for impounded LPG pressure vessels, motor vehicles, and other associated equipment; (b) Assist the DOE in identifying an area for impounded LPG pressure vessels, motor vehicles, and other associated equipment; (c) Coordinate with the DOE in the transporting, hauling, storing, decanting, and disposing of confiscated LPG, LPG pressure vessels, and ancillary equipment; (d) Suspend or revoke, upon due notice and hearing, the business permit or license of an LPG industry participant upon the issuance by the DOE of a notice of suspension or revocation of its license to operate pursuant to Section 6 of this Act; and (e) Communicate to the DOE the suspension or revocation of the business permit or license of an LPG industry participant within five (5) days from such suspension or revocation.
Powers and Functions of the PNP and Other Law Enforcement Agencies.
SEC. 13. Powers and Functions of the PNP and Other Law Enforcement Agencies. – In addition to their mandates under existing laws, the PNP and other law enforcement agencies shall assist the DOE, upon its request, in the exercise of its powers pursuant to Section 6 of this Act including inspections of LPG facilities and motor vehicles transporting LPG in bulk or in LPG cylinders and cartridges.
Powers and Functions of the DENR.
SEC. 14. Powers and Functions of the DENR. – In addition to is mandate under existing laws, the DENR shall issue, together with the DOE, guidelines for the disposal of LPG, LPG contaminated water, and LPG pressure vessels.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).