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"content": "Madam Temporary Speaker, this law says that there must be formulation of guidelines in collaboration with relevant county agencies on the development of energy projects and to disseminate the guidelines among potential investors. One of the reasons why investors are running away from this Republic is because of the cost of land which has become a big problem. When we come to the next Bill on physical planning which I will move in the next Session, it says that the cost of land across the country must be determined beforehand, so that we curtail this problem. This is important in so far as investment of energy is concerned. Clause 3 of this Bill makes a very important provision as it establishes the Energy Petroleum Regulatory Authority (EPRA), which is called “the Authority”. This Authority which is a corporate body has been established to regulate the energy sector and perform about 33 functions. I will mention a few of them. One of them is to regulate matters of generation, importation, exportation, transmission, distribution, supply and use of electricity, with the exception of licensing of nuclear facilities. This is because the nuclear issue is a bit special so, it is left to the nuclear agency. Madam Temporary Speaker, the Authority will also look into issues of importation, refining, exportation, transportation, storage and sale of petroleum and petroleum products with the exception of crude oil because that is also a specialized area. Production, conversion, distribution, supply, marketing and use of renewable energy are also provided for. Another function is to regulate, monitor and supervise upstream petroleum operations in Kenya in accordance with the law. The Authority is also tasked to provide information and statistics in relation to upstream petroleum operations in Kenya to the Cabinet Secretary (CS) responsible for matters relating to petroleum as may be required from time to time. The Authority will also receive, review and grant an application for non-exclusive exploration. It will also inspect and test machinery or equipment that has been used, is used or shall be used in the upstream petroleum operations. There are so many functions including verifying the recoverable cost of oil and gas due to the parties to a petroleum agreement, and auditing of contractors for cost of recovery. Some contractors make money by hiding the cost of recovery when they have invested in the energy sector and then use that opportunity to fleece money from the public. The enforcement on matters of environmental, health, safety and quality standards of upstream petroleum is extremely important. It also includes matters to do with transport of petroleum products and so forth. Let me dwell there a little bit. People must know that whereas it is important to invest in energy, the debate must not just be obsessed about getting affordable energy. Affordability of energy must also consider the fact of sustainable development which is the ability to meet the interests and needs of the people of the present generation but having the future generation in mind. We must not destroy our environment in the name of wanting to have coal petroleum and other kinds of energy. We must have in mind the very important fact that development is not just about having electricity in our houses; it is also having good air to breath and having a healthy population. That is why even the global debate now on energy is about renewable and clean energy that can protect the health of the people and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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