Bill seeking franchise for Solar Para sa Bayan is not exclusive —House leader

The bill seeking a 25-year congressional franchise for the Solar Para Sa Bayan Corp. (SPSB) is not exclusive, House Deputy Speaker Arthur Yap said Saturday.

The Bohol lawmaker is the principal author of House Bill No. 817, which seeks to give SPSB a franchise to construct, install, establish, operate, and maintain power technologies and mini grid systems in the country.

SPSB is founded by Leandro Leviste, son of Senator Loren Legarda. The younger Leviste is also founder of Solar Philippines.

SPSB aims to bring cheaper and more reliable power to areas poorly served by utilities, in support of the Duterte administration’s aim of ending energy poverty by 2022.

"Hindi po exclusive 'yan kasi kapag binigyan ka ng franchise ay nonexlcusive basis 'yan," Yap said in an interview on Super Radyo dzBB.

"At walang pera galing sa bayan. Magbabayad naman sila ng buwis. Hindi naman po exclusive. Ang rate dadaan pa rin naman sa ERC (Energy Regulatory Commission)," he said.

The lawmaker said that his bill is consistent with the Constitution that the grant of franchises to public utilities is nonexclusive.

"Kung pinasok na ng Solar Para sa Bayan ang area na 'yun ay pwede pa rin sila pasukin ng iba kasi wala namang exclusivity ng franchise. Nasa Saligang Batas 'yan e," Yap said.

To recall, lawmakers across party-lines are urging the House Committee on Rules to return for further deliberations on Yap's bill, which is supposedly “unconstitutional." 

1-PACMAN party-list Representative Michael Romero claimed that the bill is “unconstitutional” as it grants a master franchise to operate throughout the country and a blanket authority allowing it to infringe and encroach on existing franchises of main transmission grids, "even if these areas are already served and electrified by other players."

Yap, however, said the franchise bill for SPSB is only meant to set up micro grids in underserved and unserved areas all over the country.

"Ang pakay ng franchise bill na ito ay payagan ang mga kompanya kagaya ng Solar Para sa Bayan na pasukin 'yung mga unserved or underserved areas... Ang mga solar micro grid ay maliliit na area lang kaya hindi ko po alam saan galing 'yung 'super franchise' na 'yan," the lawmaker said. —Ted Cordero/KG, GMA News