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Interpretation of the energy saving law of the People's Republic of China.

第一章    总则

The first chapter the general



Article 1 this law legislation purpose is to promote the whole society to save energy, improve the efficiency of energy utilization, protection and improvement of the environment, promote comprehensive, balanced and sustainable economic and social development.


(a) to promote the whole society to save energy


Energy is the human survival and development of the important material base. Energy utilization involves every field of social production, life, each aspect, energy conservation needs the joint efforts of the whole society. Energy saving method in the form of law to determine the basic principles of energy conservation in our country, the system and code of conduct, its most immediate aim is to promote the whole society to save energy.


(2) to improve energy efficiency


Promote the whole society to save energy, not to restrain and reduce the requirement of the human production, life, the key is to strengthen energy management and take technically feasible, economically rational, and environmental and social can take measures to improve energy efficiency. In order to achieve energy saving, on the one hand, should by adjusting the industrial structure, backward of highly energy-consuming products and equipment and production technology, reduce energy use. More important is to should by strengthening energy management, USES the advanced energy saving technology, efforts to improve energy efficiency. Therefore, to develop energy saving method will improve the energy efficiency as one of the important purpose.


(3) the protection and improvement of the environment


The unreasonable use of energy and the rapid growth of energy consumption, caused serious damage to our environment, economic development is faced with tremendous environmental pressure. To develop energy conservation law, by promoting the whole society to save energy and to protect and improve environment, effectively alleviate the economic losses due to environmental damage and human health problems.


(4) to promote comprehensive, balanced and sustainable economic and social development


Save energy is to alleviate the contradiction between supply and demand of energy, the fundamental measures to solve the problem of environment, is to improve the quality and efficiency of economic growth the important way, is the inevitable demand to increase the competitiveness of enterprises, is the only way to achieve sustainable economic and social development. Develop energy conservation law, to promote comprehensive, balanced and sustainable economic and social development is of great significance.


Article 2 the energy "referred to in this law means the coal, oil, natural gas, biomass energy and electric power, thermal, and other direct or through processing, conversion, and can obtain useful resources.


Energy can provide energy for human is the nature of all kinds of material resources. Energy according to generate different ways, can be divided into primary energy and secondary energy. Primary energy refers to the energy can be directly obtained from the natural world, such as coal, gas, water, etc.; Secondary energy refers to must be processed, conversion of energy, such as petrol, gas, electricity, etc.


In addition, can according to the renewable energy, can be divided into renewable resources and non-renewable resources. Can renewable energy is regenerative in nature, the sustainable use of energy, such as solar, wind, water, etc.; Non-renewable energy is once to use renewable energy sources, such as coal, oil, etc. According to the utilization, energy can be divided into conventional energy and new energy. Refers to the conventional energy sources have been mass production and extensive use of energy, such as coal, oil, natural gas, etc.; New energy refers to energy hasn't been large-scale use, further development, such as geothermal energy, solar energy, etc.


Referred to in article 3 to save energy (hereinafter referred to as "energy saving"), refers to strengthen energy management and take technically feasible, economically rational, and environmental and social can take measures, from all aspects of energy production to consumption, reduce consumption, reduce the loss and pollution emissions, stop wasting, effective and reasonable use of energy.


According to the provisions of this article, the meaning of energy conservation can from the following several aspects to understand:


1. Energy saving can strengthen with management and other measures shall be adopted. Strengthening energy conservation management includes two aspects: one is the state formulates energy-saving laws, regulations, policies and standards, strengthen the supervision and inspection, supervise and urge energy-using units to strengthen energy management, in order to save energy; The second is the enterprise in accordance with the law and according to the requirements of their own development, through the formulation and implementation plan and technical measures of energy conservation, building energy conservation target responsibility system, develop education and post training of energy conservation, in order to strengthen the management of energy measurement and energy consumption statistics and energy utilization analysis, so as to improve energy efficiency.


2. Can strengthen with management and other energy-saving measures, shall conform to the technically feasible, economically rational, and the principle of environmental and social can withstand.


3. Energy saving should be embodied in every link from energy production to consumption, which should be in the energy production, processing, conversion, transmission, storage, use and so on each link, reduce consumption, reduce the loss and pollutant emission, prevent waste.


4. To achieve the purpose of energy saving is effective and reasonable use of energy, namely in the principle of economic benefit and environmental requirements, using the same amount of energy, meet the demand of the larger society.


Article 4 the resource conservation is a basic national policy of our country. The country implements economy and development simultaneously, puts economy in the first energy development strategy.


Resource conservation as a basic national policy is China's basic national conditions, is the urgent needs of the transformation of the mode of economic growth, is to realize the comprehensive construction well-off society goal and essence and the important guarantee for the sustainable development of requirements.


Implementation of conservation and development simultaneously, give top priority to save China's energy development strategy, is proceeding from its national conditions, to set up and implement the people-oriented, comprehensive, balanced and sustainable scientific development concept, from a strategic and fully understand the height of the global energy support for the economic and social development function and constraint function. Energy saving to relieve the contradictions of energy constraints, ensure national energy security, improve the quality and efficiency of economic growth, the importance of environmental protection, energy saving as a comprehensive, balanced and sustainable development strategy is an important part of. Both production development and the consumption field, all want to put energy saving as the prominent position, insist for a long time to the implementation of the preferential policy of energy saving, energy-saving, promote whole society give priority to conservation policy, which embody in formulating and implementing development strategy, development plan, the laws and regulations, industrial policies, investment management and financial, tax, financial and price and so on all aspects of the policy and links.


Article 5 the state council and local people's governments at or above the county level shall incorporate energy conservation, annual plans for national economic and social development planning, and organizing the establishment and implementation of long-term special planning and annual plans of energy conservation. The state council and the local people's governments at or above the county level report to the people's congresses at the corresponding levels or their standing committees on energy conservation.


Article 6 the state shall practise a system of target responsibility system and evaluation of energy conservation, the energy-saving target completion as head of the local people's governments and their evaluation of the content. The people's governments of provinces, autonomous regions and municipalities directly under the central government shall report annually to the state council on the performance of energy conservation targets.


According to the relevant provisions of the state council, the present energy conservation target responsibility system and the main content of the evaluation system of energy conservation is: to be determined in the eleventh five-year plan compendium unit GDP energy consumption by reducing the target decomposition to each province, municipality, municipality directly under the central government, the people's governments at the provincial level to implement the goal step by step to catch level, level, 13 cities (counties), layers of implementation, strict target responsibility system; Will energy consumption index as the country's economic and social development as an important indicator of comprehensive evaluation and annual appraisal, the energy-saving target completion as head of the local people's government for the assessment of important content.


As an important part of the energy saving target responsibility system, various provinces, autonomous regions and municipalities directly under the central government shall report to the state council every year the implementation of energy saving target responsibility, to facilitate a comprehensive grasp of all provinces, autonomous regions and municipalities directly under the central government of the state council of energy utilization, strengthen the provinces, autonomous regions and municipalities directly under the central government supervision and guidance of energy saving work, ensure the realization of energy saving target. Report of the main content includes: the region's energy consumption, energy utilization, energy saving target completion, the energy conservation law, administrative regulations, the implementation of the policies and measures, etc.


Article 7 the state shall practise a conducive to industrial policy of energy saving and environmental protection, limit development in energy intensive and highly polluting industries, developing energy efficient and environmentally friendly industries. The state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government should strengthen the energy conservation work, rationally adjust the industrial structure, enterprise structure, product structure and energy consumption structure, promote enterprises to reduce energy consumption per unit output value and energy consumption per unit product, eliminate backward production capacity, improve the energy of the development, processing, conversion, transmission, storage and supply, improve energy efficiency. The state encourages and supports the development and utilization of new and renewable sources of energy.


Article 8 the state shall encourage and support energy saving in the research, development, demonstration and popularization of science and technology, promote energy-saving technological innovation and progress. The state promotes energy conservation promotion and education, integrates energy saving knowledge into the national education and training system, popularize scientific knowledge of energy conservation, enhance the awareness of energy conservation among the whole people, and advocate economical consumption patterns.


Article 9 any unit or individual shall fulfill their obligation to conserve energy, in accordance with the law shall have the right to report against any waste of energy. The news media should publicize energy-saving laws, regulations and policies and play the role of public opinion supervision.


Saving energy is the basic national policy of our country. Construction of energy-saving society, the need to mobilize the forces of the whole society, play a positive role in terms of, this is both to improve energy utilization efficiency, the need of protection and improvement of the environment, and promote comprehensive, balanced and sustainable economic and social development requirements. Whether state organs, enterprises and institutions or other organizations, until every citizen shall fulfill their obligation to conserve energy, including the use of coal, oil, electricity, gas, etc.


For the waste of energy, should be stopped. In accordance with the provisions of this section, any unit and individual shall have the right to report against any waste of energy.


News media holds a lot of media tools, shall, in accordance with the provisions of this section to promote energy conservation laws, regulations and policies, promote our country's form of energy, energy conservation and the significance of introduction of energy-saving products, advanced equipment, experience and typical deeds, exposed the serious waste of energy and effectively play a role of supervision by public opinion, make the illegal action of the waste energy be corrected in a timely manner.


Article 10. The management of energy conservation under the state council department in charge of the supervision and administration of energy conservation work throughout the country. The relevant departments under the state council shall be responsible for the supervision and administration of energy conservation within their respective functions and responsibilities, and shall be guided by the department under the state council for energy conservation. The departments of local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within their respective functions and responsibilities, and shall be guided by the departments in charge of energy conservation at the same level.


Chapter ii energy conservation management.



Article 11 the state council and the local people's governments at or above the county level shall strengthen their leadership in energy conservation work, deploy, coordinate, supervise, inspect and promote energy conservation.


Energy conservation work is a systematic project involving the whole society. To achieve results, the state council and the local people's governments at or above the county level must strengthen their leadership in energy conservation.


The state council and the local people's governments at or above the county level shall strengthen the leadership of the energy conservation work to "deploy, coordinate, supervise, inspect and promote" the work of energy conservation at a global level. The deployment means that the main leaders are concerned, and the formulation of plans, plans, objectives and technical and economic policies and measures should be organized according to the needs of rational use of energy. Coordination refers to the establishment of effective and authoritative communication and command system, which ensures that all aspects of energy conservation work, all links are synchronized and orderly, and the efficiency of energy conservation is improved. Supervision means to supervise the implementation of energy conservation laws, regulations and energy conservation policies, guidelines and measures in accordance with the provisions of laws and regulations. The inspection refers to the assessment and analysis of the planning, implementation and energy conservation goals of a certain period, and summarizes the experience to find the weak links. If the energy saving system is not sound and the energy saving measures are not implemented and the energy loss is wasted, the punishment shall be punished according to law; Those who make outstanding contributions to energy conservation work shall be rewarded according to law to promote the continuous deepening of energy conservation.


Article 12 the people's governments at or above the county level where the department for the administration of energy conservation and the relevant departments shall, within the scope of their respective responsibilities, to strengthen the implementation of laws, regulations and standards of energy conservation supervision and inspection, in accordance with law, investigate and punish the illegal can use behavior.


ACTS is not enough to do, the people's governments at or above the county level where the department for the administration of energy conservation and the relevant departments as the administrative law enforcement departments of energy-saving management, shall be based on duty to strengthen the implementation of laws, regulations and standards of energy conservation supervision and inspection, in accordance with law, investigate and punish the illegal can use behavior. The supervision and inspection right of the departments and departments concerned under the administration of energy conservation of the people's governments at or above the county level shall be both their legal rights and the statutory duties they must perform. The above-mentioned administrative law enforcement departments shall strictly perform their duties of supervision and inspection in accordance with the requirements of the administration according to law, and shall not be derelict in their duty, nor shall they exercise their power beyond the provisions of the law. The content of the supervision and inspection is to be supervised and inspected for the implementation of energy-saving laws, regulations and energy conservation standards. To law enforcement authorities found during their performance of duties, or by the reports, complaints can verify the illegal use of behavior to resolutely investigate in accordance with the law, but is not permitted in the energy-saving management responsibilities to the supervision and management fees from the object.


Article 13 the competent department of standardization under the state council and relevant departments under the state council shall, according to law, formulate and timely revise national and industrial standards on energy conservation and establish a sound energy conservation standard system.


The department in charge of standardization under the state council together with the management of energy saving work department and the relevant departments under the state council mandatory energy-using products, equipment, energy efficiency standards and production process of high energy consumption quota products for energy consumption per unit product standards.


The state shall encourage enterprises to formulate standards for energy conservation that are stricter than national standards and industry standards.


The provinces, autonomous regions and municipalities directly under the central government shall formulate local standards for energy conservation that are stricter than the mandatory national standards and industry standards, and shall be submitted to the state council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the central government. Except as otherwise provided in this law.


Article 14 the state standards and industry standards for building energy conservation shall be formulated by the competent department of construction under the state council and promulgated in accordance with the legal procedures.


The competent department of construction of people's governments of provinces, autonomous regions and municipalities directly under the central government may, according to local actual situation, formulate strict in the state standards or industrial standards of building energy efficiency standards, and submitted to the competent standardization department under the state council and the competent department of construction under the state council for the record.


Article 15 the state institutes a system of energy conservation assessment and review for fixed asset investment projects. The projects that do not meet the mandatory energy saving standards shall not be approved or approved by the organs in charge of the approval or approval of the project according to law; Construction units shall not start construction; If it has been built, it shall not be put into production or use. Specific measures shall be formulated by the departments under the state council for energy conservation and related departments under the state council.


The provisions of this article, the state shall practise a system of fixed assets investment project energy saving assessment and review, namely to inspect project of investment in fixed assets, shall also include the technical specifications, technical requirements, such as content of energy conservation assessment and review, such as the design of this project, select the equipment and materials to be used is in accordance with the mandatory energy efficiency standards, etc.


For projects that do not meet the mandatory energy conservation standards, the organs responsible for the approval or approval of the project shall not approve or approve the construction. Under the state council decision on reform of investment system, the use of fiscal funds investment of the construction of the project, the examination and approval system, the use of fiscal funds investment of the construction of the project, only for one of the major projects and restricted approval for the project from the perspective of public interests. The construction shall not be approved or approved for projects that do not meet the mandatory energy saving standards. Such as in violation of the provisions of this law, does not meet the mandatory energy efficiency standards of project approval or the approval of the construction of the directly responsible person in charge and other directly responsible personnel should bear the corresponding legal responsibility. Construction units shall not commence construction without approval; The construction unit shall not be put into production and use for the completed construction. If the construction unit violates the provisions of this article, it shall bear the corresponding legal liabilities according to the provisions of this law.


This article on energy saving of fixed assets investment projects evaluation and censorship is just made the principle rules, on how to carry out energy saving assessment and review, as well as the specific content of assessment and review for further regulation, but the authorization management of energy saving work of the state council department in conjunction with the departments concerned under the state council shall formulate the specific measures.


Article 16 the state shall implement a system of elimination of outdated energy-consuming products, equipment and production techniques. The departments for energy conservation under the state council shall, together with the relevant departments under the state council, formulate and promulgate the categories and implementation measures for the elimination of products, equipment and production processes. The production unit of a product that consumes high energy in the production process shall carry out the standard of energy consumption limit for the unit product. For the production units that exceed the energy consumption limit standard for the unit products, the departments in charge of energy conservation shall be ordered to govern within a time limit according to the authority prescribed by the state council. Special equipment for high energy consumption shall be subject to energy conservation examination and supervision in accordance with the provisions of the state council.


Elimination system refers to is not in conformity with the relevant laws and regulations, serious waste of resources, environmental pollution, backward technology, energy-using equipment and products, by the relevant competent department under the state council in accordance with the procedures must be released, requirements within the prescribed time limit, stop the production, sale, import and use of legal system. This is conducive to promoting enterprises to strengthen technological transformation, adopting advanced technology, technology and equipment, which is conducive to improving the level of energy utilization of Chinese enterprises.


In accordance with the provisions of this article, the scope of elimination is the use of energy products, equipment and production techniques that are too high and too high. Outdated and highly energy-consuming products and equipment, refers to the energy consumption more than set by the state in a certain period of the economic and technical development level of energy consumption standards, and has advanced, economic alternatives to continue the production or use of this kind of products, equipment will lead to severe energy waste energy-using products and equipment.


The departments for energy conservation under the state council shall, together with the relevant departments under the state council, formulate and promulgate the categories and implementation measures for the elimination of products, equipment and production processes.


According to the provisions of this article, the production unit of a product that consumes high energy in the production process shall implement the standard of energy consumption limit for the unit product.


If the production unit of a product that consumes high energy in the production process exceeds the energy consumption limit standard of the unit, the department in charge of energy conservation shall be ordered to govern within a time limit according to the authority prescribed by the state council. Special equipment for high energy consumption shall be subject to energy conservation examination and supervision in accordance with the provisions of the state council.


Article 18 the state applies energy efficiency labeling management to the use of energy products that are widely used and energy-consuming in the use of household appliances. The product catalogue and implementation measures for the management of energy efficiency labeling shall be formulated and promulgated by the department under the state council for energy conservation work and the product quality supervision department under the state council.


Energy efficiency identification refers to an information label attached to a product or its packaging that represents a performance indicator of the energy efficiency rating of a product. Implement the purpose of the energy efficiency label system, is to provide the necessary information for consumers' purchase decision, enable consumers to compare the performance of energy consumption of different brand products, guide and help consumers select high efficiency and energy saving products, which affects the energy-using products design and marketing, improve product efficiency and energy saving technology progress.


Currently in China, energy efficiency label belongs to compare identity, provide consumers with the relevant product specifications, the level of energy efficiency, energy consumption, execution efficiency standards code information, the information consumers could easily understand.


In accordance with the provisions of this article, the state shall implement energy efficiency labeling management for the use of energy efficient products such as household appliances. This kind of product is mainly refers to those related to social production and people's life, used in the production and living area wide, in use process consumes a large amount of energy, the energy consumption of their products for the energy consumption of energy-using units and individuals has a direct impact on energy-using products, such as boiler, blower, water pump, transport, home appliances and other products.


The product catalogue and implementation measures for the management of energy efficiency labeling shall be formulated and promulgated by the department under the state council for energy conservation work and the product quality supervision department under the state council.


Article 19 the producers and importers shall be included in the national energy efficiency identity management catalogue of energy-using products with energy efficiency label, shall indicate in the product packaging or manual, and submitted to the product quality supervision department under the state council in accordance with the relevant provisions and the management of energy saving work department under the state council jointly authorized institutions for the record. Producers and importers shall be responsible for the accuracy and accuracy of the energy efficiency labeling and related information. It is forbidden to sell products that are marked without energy efficiency labeling. It is forbidden to falsify, falsely use energy efficiency signs or use energy efficiency signs to carry out false propaganda.


Article 20 the producers and sellers of energy-using products, can according to the voluntary principle, energy-saving product certification in accordance with the relevant state provisions, to the certification and accreditation supervision and management department of the state council approved the institution engaged in energy-saving product certification for energy conservation product authentication; After passing the certification, the certificate of energy saving product certification can be obtained, and the certification mark of energy saving product can be used on the product or its packaging. It is forbidden to use forged certificates of energy saving products or to use the certification mark of energy saving products.


Energy-saving product certification, it is to point to by energy-using products producers and sellers, after certification qualifications on the basis of relevant standards and technical requirements, in accordance with the provisions of the program, for eligible energy-using products, through the certification certificate and certification marks, prove that the product is energy saving products.


In accordance with the provisions of this article, the certification of energy conservation products shall apply the principle of voluntariness. The application for the certification of energy conservation products shall be made by the producers and sellers of the products that can be used for the certification of energy conservation products. Pass the certification, obtain the certificate of energy conservation product. Producers and sellers may use energy-conserving product certification marks on their products or their packaging in accordance with the law. This sign is a proof that the quality of energy saving products to consumers must be true and effective. In market competition in order to prevent fake of energy-saving products, the provisions of this article to ban the use of forged energy conservation product authentication marks or use energy conservation product authentication marks, energy saving certification for product must not be fake certification product cheat consumers.


Article 21 the statistics department of the people's government at or above the county level shall, jointly with relevant departments at the same level, to establish and perfect the system of energy statistics, improve statistical index system of energy, improve energy statistical method and specification, to ensure that the energy statistics data is true and complete. The statistics department under the state council together with the management of energy saving work department under the state council, regularly publish to the society of all provinces, autonomous regions and municipalities directly under the central government as well as the energy consumption and energy saving of the major energy-consuming industries such as information.


The statistical departments of the people's governments at or above the county level shall refer to the statistics bureau of the national bureau of statistics and the local people's governments at or above the county level. Relevant departments at the same level, including departments in charge of energy conservation at the same level and related industry departments.


So-called energy statistics, is the use of integrated energy system economic index system and measurement form, adopt scientific statistical analysis method, the research of energy exploration, development, production, processing, conversion, transmission, storage, circulation, use and so on each link motion process, the balance of internal regularity and energy system processes such as a special statistical quantitative relation. It reflects the amount of energy balance, and reflect the energy structure of production, consumption structure and consumption direction, as a national energy policy, predict energy demand, and provide scientific basis for energy development planning.


In accordance with the provisions of this article, the statistical departments of the people's governments at or above the county level shall, in conjunction with the relevant departments at the same level, establish a sound energy statistical system and improve the energy statistical index system. Relevant departments in accordance with the provisions of this law to improve and standardize the energy statistics method, changing the past energy statistical method of the single and backward technology, energy to ensure that the data is true and complete.


In accordance with the provisions of this article, the statistics department of the state council jointly with the energy conservation management department under the state council, regularly publish to the society of all provinces, autonomous regions and municipalities directly under the central government as well as the energy consumption and energy saving of the major energy-consuming industries such as information. The main energy consumption industry refers to electric power, steel, nonferrous metals, building materials, petroleum processing, chemical industry, coal and other industries.


Article 22 the state encourages the development of energy conservation service institutions and supports energy conservation service agencies to carry out energy conservation consultation, design, evaluation, testing, auditing, certification and other services. The state supports energy conservation service agencies to carry out energy conservation knowledge promotion and energy conservation technology training, and provides energy-saving information, demonstration of energy conservation and other public welfare energy saving services.


The energy saving service organization is a professional organization that implements the marketization operation for the enterprise to improve the energy saving management, the introduction of energy saving technology and equipment to provide consulting, evaluation, testing, auditing, design and other services. Energy saving goal, should play a leading role of the government, to strengthen the enterprise's main body responsibility, promote social public participation, also should give full play to the energy conservation service market functions and role. To promote enterprises to strengthen management, accelerate the reform of energy saving technology, improving energy efficiency, countries should take active tax policy guidance, financial support, and support measures, encourage the development of the energy conservation service agencies, support energy conservation service agencies in energy-saving consulting, design, evaluation, inspection, audit and certification services, promote energy-saving services, broaden the service field, strengthen service ability, improve the level of service.


To encourage energy conservation service agencies for the enterprise provides commercial services at the same time, countries should also support service agencies to carry out knowledge publicity of energy conservation, energy conservation and technical training, to provide information, demonstration, and other public welfare services of energy conservation. Energy services as a professional agency, have to carry out the energy conservation knowledge propaganda and energy-saving technical training, information energy conservation, energy conservation demonstration and other energy-saving service ability, countries should play to the role of the energy conservation service agencies, encourage these institutions to provide social commonweal energy-saving service


Article 23 the state shall encourage the industry association in the industry energy conservation planning, energy-saving standard formulation and implementation, energy-saving technologies, energy consumption statistics, energy saving propaganda and training and information consultation, etc.


Chapter iii rational use and conservation of energy.



Article 24 energy-using units shall, in accordance with the principle of rational use of energy, strengthen energy conservation management, formulate and implement energy conservation plans and measures to reduce energy consumption.


The use of energy units refers to energy use units such as organs, public institutions, enterprises and social organizations. Energy saving is not energy-using units to reduce capacity or other requirements, to reduce energy consumption, but for energy-using units to strengthen energy management, take technically feasible, economically rational, and environmental and social can take measures, more effective and reasonable use of resources. Therefore, energy conservation should be used rationally in terms of energy conservation, and energy conservation management should be strengthened, and energy conservation plans and measures for energy conservation should be formulated and implemented.


We will strengthen energy conservation management, including the implementation of energy conservation laws, regulations and standards, improve the energy conservation management system, establish and improve a scientific energy management system, and use advanced energy management methods. To formulate energy conservation plans and measures for energy conservation should be practical and fully analyze the current situation of energy utilization in this unit, find problems and tap potential. The energy conservation plan should include the principle of energy conservation in the planning period, energy conservation objectives and tasks, and the deployment and arrangement of management, capital, personnel, technology and other aspects of the energy conservation goals. Energy saving technical measures refers to the energy-using units to reduce the energy consumption in the production and operation process, improve the energy efficiency measures, including the introduction of energy-saving technology equipment, the use of advanced production technology, the use of energy-saving materials and other measures. The energy conservation plan and technical measures should be implemented in a practical way.


Article 25 the energy-using units shall establish a system of responsibility for energy conservation, and shall reward the collective and individual who have made achievements in energy conservation.


The responsibility system of energy saving target in energy unit refers to the system of the task and responsibility of the energy saving work position and the assessment system according to the task and responsibility of the energy saving post. In practice, the unit's target responsibility system is usually carried out to the unit leader, workshop, team and related staff. Building energy conservation target responsibility system, the energy-saving target explicit, specific and quantitative, and according to the energy conservation targets and tasks, head to strengthen energy management and energy saving management institutions and personnel, and can use posts of personnel assessment, is conducive to energy-using units to strengthen energy management, guarantee the completion of this unit plans and tasks of energy conservation, improve energy utilization efficiency, reduce energy consumption, improve the economic benefit.


Energy saving award refers to the collective or individual reward of the workshop, class group, etc., which can make achievements in energy conservation work with the honor or material benefit. To complete this job energy-saving task, energy-saving rationalization Suggestions or other achievements in energy conservation and grant rewards to collectives and individuals, to arouse the enthusiasm of energy-using units relevant institutions and personnel and creativity, form the participation of the situation of energy conservation, so as to promote and ensure the completion of this unit energy-saving targets and tasks.


Article 26 energy-using units shall carry out regular education and post - energy conservation training.


Energy use runs through every link in the production and operation of energy units, and energy saving requires the joint efforts of all staff. Through the energy saving education, we can use the employees of the energy unit to establish a stronger sense of energy conservation, enhance the sense of energy conservation, master and improve energy saving skills, and implement them in our daily work. Special energy conservation training for different positions can enhance the efficiency of energy conservation and ensure the efficiency of energy saving.


Relative to the energy saving technical reconstruction, education and job training of energy conservation enterprise technical level and money without limit, can be produced with less investment larger energy saving effect and economic benefits. As an important content of strengthening energy conservation work, energy-using units shall, according to the production and operation of the unit, and the characteristics of the energy-using, education and job training of energy conservation, including we regularly organize training program on energy saving, energy saving education publicity week is held every year, awareness month, entrust service agencies to carry out post training of energy conservation, etc.


Article 27 energy-using units shall strengthen energy metering and management, and shall be equipped and used in accordance with the provisions of the prescribed energy measuring instruments according to law. Energy-using units shall establish a system of energy consumption statistics and energy utilization analysis, implements classified measurement and statistics for all types of energy consumption, and to ensure that the energy consumption statistical data are true and complete.


Energy metering, statistics and analysis is the basis of energy conservation, as long as grasp the true and full of energy consumption statistics data, and earnest summary analysis, to understand the unit energy consumption, energy efficiency, energy conservation and the problems existing in the work, to take targeted measures to reduce energy consumption, improve energy utilization.


(I) energy measurement and management system.


Energy metering management refers to the measurement method by adopting scientific and reasonable setting energy metering device, equipped with qualified energy measuring instruments, strengthening energy maintenance and calibration of measuring instruments, the implementation of measures such as energy metering management responsibility, ensure energy measurement data is true, accurate and complete. Energy-using units energy metering calendar includes the following aspects: (1) to establish energy measurement management system, clear responsibility, management, management methods and management and keep its scientific nature, continuity and the validity; (2) adopt the actual energy measurement method suitable for the unit; (3) to provide and use qualified energy measuring instruments in accordance with the regulations, and to carry out periodic verification of energy measuring instruments; (4) strengthen the collection and record management of energy measurement data, and ensure that the raw data of energy measurement is true, accurate and complete.


(2) energy consumption statistics and energy utilization status analysis system.


Energy consumption statistics refers to activities that summarize and summarize energy measurement data according to regulations. Is the purpose of energy consumption statistics on the basis of energy metering for true, accurate and complete the energy consumption of summary data, for energy-using units of production and management decision-making and develop a plan of energy saving, energy saving measures are taken to provide reliable basis.


To establish and improve the energy utilization analysis system is conducive to the use of energy units to master the energy utilization status of the unit, the problems existing in the energy conservation work, and to propose targeted energy-saving improvement measures.


Article 28 an energy production and business operation entity may not provide energy to its employees for free. No unit shall carry out package fee system for energy consumption.


Article 29 the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government promote the optimization of the development and utilization of energy resources and the reasonable configuration, promote is advantageous to the energy industry structure adjustment, optimization of energy structure and layout of the enterprises.


According to the provisions of this article, the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall do the following two aspects:


(1) to promote the optimal development and utilization of energy resources and rational allocation.


The first is to formulate the overall development plan of coal, oil, natural gas, coal bed methane and other major energy resources; Optimize the allocation of coal, oil, gas and hydroelectric resources; Overall planning for energy development, transportation, storage, processing, conversion and fuel substitution; Optimize and adjust the energy structure to realize efficient utilization of energy resources. The second is to promote the large capacity of coal pit and the power generation of large hydropower stations. In the absence of energy resources, the development of safe nuclear technology; In the heat load concentration area, promote the combined heat and power generation, heat, electricity and cold triplex generation; We will carry out energy-saving electricity dispatching, and promote large capacity, long distance and safe economic transmission. The power system is forbidden to build new fuel power plants. Third, we will promote the efficient development and utilization of coal resources, develop large-scale and intensive mining technologies, and improve the recovery rate. To encourage and support the development and promotion of coal chemical, coal liquefaction alternative oil and clean coal technology; A small coal mine with low recovery rate and no safety conditions.


(2) promote the adjustment of industries that are conducive to energy conservation, and optimize the use of energy structure and enterprise departments.


The first is to control the rapid growth of high-energy and polluting industries. We will strictly control new energy-intensive and highly polluting projects. Establish new project management department linkage mechanism and project approval and accountability system. Implement all policies to limit the export of energy-intensive, highly polluting, intensify difference tariff implementation, organize to high-polluting, high-energy consuming industries for energy conservation and emissions reduction work special inspection, cleaning and correct preferential policies to high-polluting, high-energy consuming industries, etc. Second, we will step up efforts to eliminate backward production capacity in industries such as power, steel, building materials, electrolytic aluminum, iron alloy, calcium carbide, coke, coal and flat glass. To schedule out of enterprises, the local people's governments at various levels should be shut down in accordance with the relevant departments of the revocation of production licenses and discharge permit in accordance with the law and to release, to power supply enterprises in accordance with the law to stop the power supply. Exit a mechanism to establish the backward production capacity, conditional place to allocate funds to support the backward production capacity, the central government by increasing transfer payments, in economically underdeveloped areas give appropriate subsidies and incentives. Third, we will improve policies and measures to promote structural adjustment in the industry. Encourage the development of low-energy, low-pollution advanced production capacity; According to the situation of different industries, it is appropriate to improve the access standards of construction projects in land, environmental protection, energy conservation, technology and safety. We will encourage foreign investors to invest in energy conservation and environmental protection, strictly limit energy-intensive and highly polluting foreign-funded projects, and promote the upgrading of the industrial structure of foreign investment. Fourth, we will actively promote energy restructuring.


Article 30 managing the department in charge of the energy conservation under the state council jointly with the departments concerned under the state council shall formulate the electric power, steel, non-ferrous metals, building materials, petroleum processing, chemical industry, coal and other energy saving technology for major energy-consuming industry policy, promote enterprise energy-saving technological transformation.


Industry is the large energy consumption in our country, the industry of electric power, steel, non-ferrous metals, building materials, petroleum processing, chemical industry, coal and other major energy-consuming industries and industrial energy consumption, the energy the country industry accounts for about a half of the total energy consumption. As soon as possible in the major energy-consuming industry policy formulation and implementation of energy-saving technology, to guide the direction of energy saving technology research and development, energy saving project investment focus, for the preparation of energy development and utilization planning and energy conservation planning to provide technical support, thus promote the energy-saving technological transformation of the industry, achieve national energy saving goal, which is of great significance,,,,


The management of energy saving work department under the state council shall be based on the provisions of this article, combining with the characteristics of energy intensive industries in conjunction with the departments concerned under the state council shall formulate energy-saving technology policy of energy-intensive industries, promote enterprise energy-saving technological transformation.


Energy-saving technology policy, referred to in this article refers to countries to implement the scientific concept of development, building a resource-conserving and environmentally friendly society and realize the national economic and social development of energy-saving targets set out in the 11th five-year plan, and promote energy-saving technology research, development, promotion, application program and measures. Energy saving technology, it is to point to improve the efficiency and effectiveness, energy development and utilization technology contain energy waste of resources, including the optimization of the development and utilization of energy resources application technology, single energy-saving transformation technology and system integration of energy saving technology, production technology of energy-saving and energy-using equipment, can be directly or indirectly to reduce energy consumption of the new material development and application technology, and can save energy, improve the use efficiency of management technology, etc. The main energy-consuming industry should take effective measures to promote the transformation of energy-saving technologies in the industry according to the requirements of the energy conservation technology policy outline and the actual situation of different industries.


Article 31 the state shall encourage industrial enterprises with high efficiency, energy saving, boiler, furnace, fan motor, pump and other equipment, using cogeneration, utilization of by-product heat pressure and clean coal and advanced energy monitoring and control technology.


To achieve energy conservation and consumption reduction, technological progress is fundamental. It is of great importance for enterprises to adopt efficient energy-saving equipment and advanced application of energy-saving technologies, and to reduce consumption, improve energy efficiency and achieve energy conservation goals. According to the provisions of this article, the state encourages industrial enterprises to adopt the following advanced energy-saving equipment and technologies:


(1) adopt efficient and energy-saving motors, fans, pumps and other equipment.


To encourage industrial enterprises with high efficiency and energy saving of electric motors, fans, pumps and other equipment, the state shall adopt with independent corporate transformation is given priority to, complementary with government guidance, encourage and support the professional energy conservation services USES equipment contract for financial leasing, energy and other market mechanisms such as advancing the class products, renovating or reforming the equipment.


(2) adopt efficient and energy-saving industrial boilers and kilns.


It is necessary to update industrial boilers and furnaces as soon as possible. Therefore, the state adopts measures to formulate and revise relevant regulations and technical standards, promote the renovation of industrial boilers and furnaces, limit the production of backward boilers, and eliminate backward boilers. We will encourage the development and promotion of new technologies and equipment for energy conservation and consumption of industrial boilers and kilns, and continuously improve the energy efficiency of industrial boilers and kilns and reduce energy waste.


(3) adopt advanced and applicable energy-saving technologies.


1. Cogeneration technology. It is a system that produces both steam and electricity. It can save energy, improve the environment and increase the power supply.


2. Residual thermal pressure utilization technology. It refers to the recovery and utilization of residual heat and pressure generated in the production process to save energy and reduce pollution technology. At present, China's iron and steel, non-ferrous, coal, building materials, chemical industry, textile and other industries of underutilized by-product heat pressure, a large number of empty, caused the serious waste of energy, should fully take advantage of, to save energy.


3. Clean coal technology. It is one of the leading technologies for solving environmental problems in the world, in order to reduce pollution and improve the efficiency of coal processing, combustion, transformation and pollution control.


4. Advanced use of energy monitoring and control technology. The use of energy monitoring and control technology is the technology to monitor the use of energy and control energy use in a timely manner. In order to strengthen the use and management of energy, it is of great importance to detect excessive energy consumption in time and prevent excessive use and waste of energy.


Article 32 power grid enterprises shall, in accordance with the relevant departments under the state council, formulate energy-saving power generation dispatching management regulation, clean, efficient and in conformity with the provisions pressure cogeneration, use of waste heat power generation units, and other comprehensive utilization of resources conformity with the provisions of generators and power grid parallel operation, feed-in tariffs to perform the relevant provisions of the state.


Long-term since, our country power generation scheduling in power plant or generating set, roughly the average distribution of all kinds of unit capacity index, lead to big power plants regardless of high and low energy consumption, has essentially the same generating hours, this is not conducive to large efficient environmental protection unit, improve the electric power industry energy efficiency, save energy and reduce environmental pollution, to promote the structural adjustment of energy and power. Forward in order to reverse this situation, the state council general office of the national development and reform commission and other departments formulate measures of energy-saving power generation dispatching, according to the principle of energy saving, economy, according to the unit energy consumption and pollutant emission levels from low to high sorting, energy-saving is preferred to generate electricity, the level of energy consumption at the same time, according to the pollutant emission levels from low to high, to minimize energy, resource consumption and pollutant emissions. According to the regulation of energy-saving power generation dispatching method, all kinds of generator set to determine the order in the following order: (1) no adjustment ability of wind energy, solar energy, oceanic energy, renewable energy sources such as hydropower generating units; (2) capable of regulating water energy, biomass energy, geothermal energy and other renewable energy generating sets and garbage generating sets that meet environmental requirements; (3) nuclear power generating set; (4) the coal-fired thermal power generation unit operating in the mode of "heat setting power" shall be used for the comprehensive utilization of power generation units, such as residual heat, residual gas, residual pressure, coal gangue, washing coal, coal bed methane and other resources. (5) natural gas and coal gasification generating set; (6) other coal-fired power generating units, including thermal power without thermal load; Co-production unit; (7) fuel generator set.


Article 33 it is forbidden to build new coal-fired power generating units, oil-fired generating units and coal-fired thermal power units that do not meet the requirements of the state.


So-called do not conform to the provisions of the state of coal, fuel power generation units and coal-fired thermal power units, refers to those small capacity, low efficiency, high pollution of the generator and power units, such as power plants, small steam ChunNing coal-fired power generating units, etc. China's power industry has a high proportion of thermal power units, and consumes more than half of the country's coal and sulfur dioxide emissions.


In order to realize the energy saving of the eleventh five-year plan to determine objectives, specifically, countries should seize the current power industry rapid development, the contradiction between supply and demand of electric power to alleviate the favorable opportunity, speed up the closure is not in conformity with the provisions of the thermal power unit, fuel generator set, propulsion power industry structure adjustment, energy conservation and emissions reduction, and formulate the corresponding provisions. Power plants shut down range, mainly including power grid within range of the stand-alone capacity of 50000 mw and below the thermal power unit, single machine 100000 mw and below, and run with 20 years of conventional thermal power unit, and the other is not to achieve energy conservation and environmental protection standard, the power supply coal consumption obviously on the high side and has reached the design of thermal power unit operation. If the rectification still fails to meet the requirements of the state, the cogeneration and the comprehensive utilization of resources shall be shut down; During the non-heating period, the thermal power units that are obviously on the high side should stop running or restrict the power generation during the non-heating period. For some units that may affect local heating or power supply safety after the shutdown, it may be suspended if the assessment is true. During the 11th five-year plan period, the state will give priority to local and enterprises that have achieved remarkable results in the construction of new power supply projects and construction scale.


Article 34 the competent department of construction under the state council shall be responsible for the supervision and administration of building energy conservation throughout the country. The competent departments of construction of local people's governments at or above the county level shall be responsible for the supervision and administration of building energy conservation within their respective administrative areas. The construction departments of the local people's governments at or above the county level shall, together with the departments in charge of energy conservation at the same level, compile the building energy conservation plans within their respective administrative areas. Building energy conservation plan should include existing building energy conservation plan.


(1) the responsibilities of the competent department of construction under the state council.


The ministry of construction in accordance with the law to be responsible for the supervision and administration of building energy efficiency, it is the main responsibility is in terms of energy saving: according to the laws, administrative regulations and relevant provisions of the state council, to study and formulate the development strategy of energy conservation, special planning and organization and guide their implementation; Organization to do a good job of new building energy efficiency, further improving building energy efficiency supervision system, strengthen to the implementation of mandatory building energy saving standards as the main content of the whole process of engineering supervision, for building energy efficiency special inspection and institutionalized, promote design standard parts take the lead in implementing higher efficiency targets; Organize the energy conservation work of public buildings, and establish the system of energy consumption statistics system for public buildings with high energy consumption; Actively and steadily promote the reform of heating system, accelerate the heating commercialization and monetization, improve the heating price forming mechanism, building heating to heat charge policy, encourage for heat energy saving behavior of both sides; Promoting the large-scale application of renewable energy in buildings; To organize and implement the building energy conservation projects in the ten key energy conservation projects of the country; To promote the improvement of energy conservation technology; To be responsible for drafting and formulating rules and regulations on building energy conservation laws, and gradually improving the economic incentive policies of energy-saving buildings.


(2) the functions and duties of the competent authorities of the local people's governments at or above the county level.


The competent department of construction shall be responsible for the supervision and administration of building energy conservation within the administrative region. Its responsibilities include: according to the provisions of laws and regulations, it shall make special plans for energy conservation and guide its implementation; To organize the energy conservation management of all kinds of buildings in the administrative region; Supervise and inspect the implementation of laws and regulations on energy conservation.


(3) compilation of building energy conservation plan.


The construction departments of the local people's governments at or above the county level shall, together with the departments in charge of energy conservation at the same level, compile the building energy conservation plans within their respective administrative areas. Building energy conservation planning within their respective administrative areas, to the state and the people's government at the next higher level of national economy and social development planning and special planning on the basis of energy conservation, and combined with the characteristics of establishment within their respective administrative areas, planning content generally includes the guiding ideology of building energy conservation work, the work principle, work goal, the key task and the main measures, etc.


Article 35 construction, design, construction and supervision units of construction projects shall comply with the building energy conservation standards. Construction projects that do not meet the building energy conservation standards shall not be approved by the competent department of construction; If the construction has commenced, it shall be ordered to stop construction and make corrections within a time limit; It has been built and may not be sold or used. The competent department of construction shall strengthen supervision and inspection of the implementation of energy conservation standards for construction projects under construction.


Building energy conservation standard is the basic criterion to ensure the building meets the requirements of energy conservation. Since 1986, our country civil building energy efficiency design standards, since it was issued by the competent department of construction under the state council has also issued a public building energy efficiency design standards, a heating residential building energy-saving renovation, heating residential building energy-saving technical specification inspection standards, hot summer and cold in the east area and the area with hot summer and warm east residential building energy-saving design standard and so on more than 20, these standards cover different climate zones in China residential buildings and public building energy efficiency design, has the construction energy conservation transformation, energy conservation project quality acceptance, monitoring, evaluation, design, use, maintenance and management and so on various aspects of energy consumption.


Construction, design, construction and supervision of construction projects shall comply with the building energy conservation standards. The construction unit should make the implementation of building energy efficiency standard as the basic requirement, and it is necessary to put forward the indicators of energy saving and implement measures in the construction of the project, and carry out strict implementation at all stages of the project construction. It is not allowed to express or imply the mandatory standards of construction energy saving by enterprises such as survey and design or construction, and may not express or imply that the relevant units use various materials and equipment that do not meet the building energy efficiency standards; The design documents and drawings to be submitted for construction review shall include the contents of building energy conservation and conform to the relevant standards, and shall not alter the design documents reviewed. The design unit should design in strict accordance with the building energy saving design standard, and the energy saving design should be implemented in all aspects such as construction thermal engineering, structural performance and electromechanical equipment. Shall not violate the building energy conservation standards for another set of design documents and design drawings for the construction unit; Construction drawing design documents review agencies should take building energy efficiency design as the focus of the review, the review in accordance with the building energy efficiency standards, increase energy audit content in the construction drawing review, does not meet the building energy efficiency standards, shall not issue the construction drawing examination, give good ShenZhaGuan building energy efficiency design.


For construction projects that do not meet the building energy conservation standards, the construction department shall not approve the construction of such construction; It has been built and may not be sold or used. The competent construction departments at all levels shall strengthen supervision and inspection on the implementation of building energy conservation standards for construction projects under construction.


Article 36 in housing sales, real estate development enterprises shall be submitted to the buyer the express sold by building energy saving measures, such as thermal insulation engineering warranty information, in the sale and purchase contract, guarantee of quality and stated in the specification, and shall be responsible for the truthfulness, accuracy.


The energy-saving measures of the house refer to the measures such as the enclosure structure, heating heating system, air conditioning cooling device, ventilation and air conditioning system and lighting system designed and built according to the energy-saving standard. Thermal insulation engineering refers to the outer wall or the balcony door window, balcony door core board, roof, contact with outside air or floor heating space heating of the upper floor and not stairwells interior design and construction of heat preservation, etc. Under the relevant regulations of the state council, the minimum warranty period for insulation works shall be 5 years under normal conditions of use.


The energy saving measures of houses directly affect the quality of housing and the cost of housing, and they have the right to know about these content consumers. To safeguard the legitimate rights and interests of consumers, but also in order to realize the goal of building energy efficiency, the provisions of this article, the real estate development enterprises in housing sales, the express sold by building energy saving measures shall be submitted to the buyer, such as thermal insulation engineering warranty information, in the sale and purchase contract, guarantee of quality and using the specifications relating thereto, and shall be responsible for the truthfulness, accuracy. In case of any quality problem occurred during the warranty period, the construction unit shall perform its warranty obligations and shall be liable for damages in accordance with the law.


Article 37 public buildings that use air conditioning for heating and cooling shall adopt indoor temperature control system. Specific measures shall be formulated by the competent department of construction under the state council.


Article 38 the state shall take measures to implement the system of measuring the number of heating units and charging them in accordance with the use of heat for the construction of central heating. New buildings or energy-saving retrofitting of existing buildings shall be installed with thermal metering devices, indoor temperature control devices and heating system control devices in accordance with the regulations. Specific measures shall be formulated by the competent construction department under the state council in conjunction with the relevant departments under the state council.


It is an important part of the reform of the urban heating system to implement the heating metering charge, which is an important measure to promote the economical efficiency of the two parties. At present, most of the central heating in the city is charged according to the heating area of the user, and the user can't adjust independently without measuring equipment and adjusting means. The heating facilities in many cities are seriously aging, the energy waste is serious, the urban heating source, the pipe network, the thermal station and the building population have no measuring devices, which cannot assess the energy consumption of units and facilities. This is an important reason for the high energy consumption of buildings in China, and also the potential of building energy saving. Practice fully proves that both at home and abroad, and adopts a heating metering system, not only economically feasible, energy-saving effect is very obvious, which has good social benefits and environmental benefits, is the best choice to solve the heating and energy saving. In 2006, the ministry of construction promulgated the implementation opinions on the promotion of heating metering, and made provisions on the goals, technical measures and work requirements for the promotion of heat supply measurement.


This article provides that the state shall take measures to implement the system of measuring and charging the heat for the construction of central heating. Accordingly, the calculation method that will reform old heating fee, gradually cancel according to area plan to collect heating fee, carry out according to the charge method that USES heat to divide household measure. New public buildings and residential buildings in cities and towns, according to all that, the use of the central heating facilities should be with heat metering device design, installation, indoor temperature regulation device and heating system control device, executed by using new methods of household heat metering. Town of existent public buildings and residential will gradually according to the requirements of household metering, room temperature controllable, installed temperature control device, metering and gradually achieve a press area of collecting heating fee to press with household heat metering. The construction department under the state council shall, in conjunction with the relevant departments under the state council, formulate specific measures for the measurement of heating units in buildings with central heating and the specific measures for charging them.


Article 39 the relevant departments of local people's governments at or above the county level shall strengthen the management of electricity consumption in cities, and strictly control the energy consumption of public facilities and decorative landscape lighting of large buildings.


City lighting is an integral part of urban public facilities. Its quality and level are the symbol of social progress and modernization. Since the reform and opening up, China's urban development lighting has been very fast, which has played an important role in improving the function of the city, improving the urban environment and improving the living standard of the people. But the too fast development of city lighting increased energy demand and consumption, in particular the city decorative landscape lighting more than simply the pursuit of high brightness, color, large, luxury, construction and configuration is not practical, unscientific lighting engineering, wasted energy, contributed to the power supply tension. To this end, it is necessary to strengthen the management of urban lighting, and strictly control the energy consumption of public facilities and decorative landscape lighting of large buildings.


According to the provisions of this article, to strengthen the management of city energy saving electricity, strict control of public facilities and the energy consumption of large buildings decorative landscape lighting, the local people's governments at or above the county level related functional departments to do the following work: one is according to the principle of economical and practical, energy saving, preparation of city lighting special planning, and control the key, the number and distribution of landscape lighting, clear indicators and measures for energy saving. Second, according to the urban construction and the electricity supply and lighting city function, priority to the development and construction, strictly limit the development and construction of landscape lighting, when electricity shortages will ensure the normal operation of the urban road, square, etc lighting. Third, we will vigorously promote new technologies and new products, and encourage the use of green energy lighting such as solar road lighting and garden lighting. Actively promote efficient lighting products; It is forbidden to use powerful searchlights, high power floodlights, large area neon lights, and color bubble, etc. Fourth, to actively carry out the urban green lighting and power saving reconstruction demonstration project. Five is to accelerate establishing and perfecting the urban lighting standard system, speed up the urban landscape lighting design standard ", to organize the study city lighting mandatory technical requirements for energy consumption, strengthening the construction of urban lighting product energy efficiency standards system. Sixth, we will increase the intensity of urban lighting.


Article 40 the state shall encourage energy saving renovation of existing buildings is in new buildings and using new wall materials and other energy-saving building materials and energy-saving equipment, installation and use of solar and other renewable energy systems.


Promoting and encouraging the use of new wall materials and other energy-saving building materials and energy-saving equipment is an urgent need to protect arable land and save energy. With solid clay brick as the wall material, the insulation performance of the house is poor, and the energy consumption is high, which is not conducive to saving energy resources. Promote the use of high quality new walling materials building can not only protect the environment, improve the efficiency of resource use, also can improve the building function, reduce the use of the energy consumption, improve the living comfort. At present, the country encourages the use of new wall materials and energy-saving building materials and other energy saving equipment of the main measures are: all funding or subsidies executive authority office space, public buildings, economy applicable room, demonstration district and productive projects of the national investment, etc., to choose and purchase new walling material; Other new buildings should gradually increase the application proportion of new wall materials; To strengthen the construction of standard system and regulation, will apply the new wall materials, implement building energy efficiency design standards and other requirements included in the project, design, construction drawing design documents review and completion inspection and acceptance for the record and so on each link, to promote the application of new materials, new technology, new process; If the solid clay bricks are still produced and used, they shall be dealt with in strict accordance with the law; We will increase policy support and give full play to the guiding and regulatory role of economic policies such as investment, taxation and price, and promote the popularization and application of new wall materials and energy-saving equipment.


Renewable energy refers to renewable and sustainable energy sources, including solar energy, wind energy, water energy, biomass energy, geothermal energy, ocean energy and other non-fossil energy sources. Use of solar energy, renewable energy sources such as shallow can solve building heating air-conditioning, hot water supply, lighting, etc., is an important field of renewable energy, to replace the conventional energy, promoting building energy efficiency, alleviate the contradiction between supply and demand of energy, is of great significance. According to the ministry of construction, ministry of finance jointly issued on promoting renewable energy should be used in the construction of the implementation opinions, the state encourages the installation and use of renewable energy sources such as solar energy utilization system, is the overall train of thought of adjust measures to local conditions, to point with surface, in the city or regional conditions are ripe, choose the representative building community and public buildings for renewable energy in building large-scale application demonstration, focus on the implementation of advanced technology, stable and reliable running, economic and reasonable, the large projects to promote value.


Article 41 the competent department of transportation under the state council shall be responsible for the supervision and administration of energy conservation in the relevant areas of transportation in accordance with their respective functions and duties. The relevant departments of transportation and transportation under the state council shall, in conjunction with the department under the state council, formulate energy conservation plans in related areas.


Strengthening energy conservation work is a major work of the transportation department. The transportation industry is an industry that provides basic services for national economic and social development, and is a major energy consumer in China. Along with the industrialization and urbanization gradually accelerated, road, waterway transportation infrastructure, improving transportation of motorization, obviously increase the automation degree and the national economic and social development and people's travel, more secure, more convenient to transport, more smooth, more the objective requirement of the economy. With the increase of transportation and transportation, the energy consumption of transportation industry will be further increased. To improve the energy efficiency of the transportation industry, reduce energy consumption, to ensure the national economy and social development of the eleventh five-year plan outline to achieve the goals of energy saving, as determined by the relevant department in charge of transportation under the state council shall, in accordance with their respective duties to strengthen transportation related fields of energy conservation supervision and administration work.


In order to clear the basic principles of energy saving transportation, objectives, tasks, and important energy saving measures, to guide and promote the transportation related work of energy conservation, the provisions of this article, by the relevant department in charge of transportation under the state council in conjunction with the management of energy saving work departments of the state council respectively formulate related areas of energy conservation planning. Concerned under the state council department in charge of transportation and management departments shall, in the full understanding of energy saving work, on the basis of energy consumption level, advanced level at home and abroad, analysis of the traffic industry energy saving potential of energy conservation planning to make transportation related fields.


Article 42 the state council and its relevant departments shall guide and promote the coordinated development and effective cohesion of various modes of transportation, optimize the structure of transportation and transport, and build a comprehensive transportation system for energy conservation.


Along with the advance of science and technology, digital information such as the development of high and new science and technology, at present, transportation to entered in railway, highway, waterway, aviation and other modes of transportation characteristics of common development, complementary cohesion, the era of comprehensive transportation system is given priority to. Only coordinated development and effective connection of various modes of transportation can realize the energy saving targets in the field of transportation. Under the state council and relevant departments should formulate plans and policies, guide and promote the arrangements for the investment projects of the coordinated development of the transportation way and the effective connection, such as promote the multimodal transport, promoting jianghai direct transportation, developing inland waterway transportation, etc.


According to the technical and economic characteristics of each transport mode, the rational allocation of transport resources, optimize the structure of transportation, can gradually establish and improve the sustainable development of comprehensive transportation system, improve the energy efficiency of the transportation industry. Specifically, the railway transport industry should accelerate the construction of electric circuit scale and improve the level of main at the same time, should continue to improve the transport vehicle structure and operation organization, improve the intensive level of transportation; The water transportation industry should improve the utilization rate of the cabin by accelerating the elimination of old ships and optimizing the structure of the transport fleet. At the same time, we should vigorously develop multimodal transport, optimize the transportation structure, and improve the overall efficiency and energy utilization level of the integrated transport system.


Article 43 where a local people's governments at or above the county level shall give priority to develop public transportation, increase spending on public transportation, perfect the public traffic service system, to encourage the use of public transport; Encourage the use of non-motorized vehicles.


Urban public transport, as an important infrastructure of the city, is closely related to the production and life of the people, and is an important basis for the comprehensive and coordinated sustainable development of urban economy and society. Public transportation compared with private transportation, when finish the same goods or passengers transportation, public transportation to take up the road area, such as energy consumption, pollutant emission levels much lower than private transportation. Priority to urban public transport is an important way to reduce energy consumption, reduce environmental pollution, reduce land cover and facilitate residents' travel. Therefore, the priority to develop public transport and improve the public transport service system is the requirement of the law to strengthen the energy conservation work of local people's governments at all levels.


Increase investment in public transport.


Urban public transportation is the social public welfare undertakings, is an important infrastructure of city, is the government guarantee people to live and work in peace and contentment of public service system is an important part of, the government through public financial support, guarantee public transport priority development.


(2) improve the public transport service system and encourage the use of public transport vehicles and non-motorized vehicles.


To cope with the challenge of urbanization and the rapid growth of motor vehicles, reduce the energy consumption of the transportation industry, country should according to their own development characteristics, improve the public transport service system, encourage people to use public transport. In addition because the non-motor vehicle such as bicycle transport both save energy and does not pollute the environment, is a clean and healthy travel tools, therefore, the clear provisions of this law, encourage the use of non-motorized transport.


Article 44 the relevant department in charge of transportation under the state council shall strengthen the administration of transport organization and guide the roads, waterways, air transport enterprises to raise the level of transportation organization scale and intensive, improve energy efficiency.


Article 45 the state encourages the development, production and use of energy efficient and environmentally friendly automobile, motorcycle, railway locomotive vehicles, ships and other means of transport, the old means of transport of scrap and update the system. The state encourages the development and promotion of clean fuels and petroleum alternative fuels for use in transportation vehicles.


(1) the state encourages the development, production and use of energy-efficient and environmentally friendly vehicles.


The energy utilization efficiency of China's transportation vehicles is low, and there is a large energy saving space. The state shall take measures to encourage development, production and use of energy efficient and environmentally friendly automobile, motorcycle, railway locomotive vehicles, ships and other means of transport, is an important measure of energy saving transportation industry.


Actively encourage the development of energy efficient and environmentally friendly means of transport, accords with the practice of China's energy supply, is conducive to ease tensions in the energy, protect the environment, to strengthen the means of transport development, manufacturing enterprises in our country's international competitiveness. In addition, in order to promote energy conservation, transportation should also implement the old transport system of scrap, update out the old transport energy consumption high, replace for the new energy-saving standard means of transport.


(2) the state encourages the development and promotion of clean fuels and petroleum alternative fuels used by transportation vehicles.


Clean fuel refers to the fuel that produces less harmful substances and meets the requirements of environmental protection. At present, the common clean fuels used in transportation are natural gas, liquefied petroleum gas, alcohol ether fuel and so on. The reason why they are called clean alternative fuels is that they emit more carbon monoxide, hydrocarbons, and carbon dioxide pollutants than gasoline and diesel. Petroleum alternative fuels are energy sources that can replace petroleum as fuel for transportation. Oil is a non-renewable strategic resources, to the normal operation of modern economic society is blood, except with oil resources vigorously open source throttling, looking for alternative energy is also and important development direction. Developing and promoting the application of clean fuels and petroleum alternative fuels not only reduces the consumption of fossil fuels such as oil, but also helps to protect the environment.


Article 46 the relevant departments of the state council shall formulate standards for the limits of fuel consumption for transportation and transportation of vehicles and vessels; If it does not meet the standards, it shall not be used for operation. The competent department of transportation and transportation under the state council shall strengthen the supervision and administration of the detection of fuel consumption in transportation and transport operations.


In order to strengthen the management of fuel consumption in the transportation and transportation of motor vehicles, the relevant departments under the state council shall, in accordance with this article, formulate standards for the limit of fuel consumption for the transportation and transportation of motor vehicles. The fuel consumption of the traffic and transportation operation vehicle is the fuel consumed by the transportation operation of the vehicle in the course of the operation. The fuel consumption limit of the transport operating vehicle is the maximum amount of fuel consumption per unit mileage in the operation of the transport operation. Transportation operating vehicle fuel consumption limit standard is specifically for operating vehicle fuel consumption limit standard, is the one of the important standard of form a complete set of this law, the formulation and implementation, to implement the national energy conservation and emissions reduction requirements, and promote the improvement of transportation operating vehicle energy saving technology in China, improve the energy conservation standard system in our country, it is of great significance.


According to the provisions of this article, the fuel consumption limit standard for the transportation operation of a motor vehicle is a mandatory national standard, which is not in conformity with the standard and cannot be used for operation. This provision in fundamentally promote the improvement of the transportation operation vans fuel economy and the overall progress of the transportation operation vans manufacturing technology, to promote the improvement of transportation operating vehicle energy saving technology in China.


Article 47 public institutions shall practise strict economy, eliminate waste, and take the lead in the use of energy-saving products and equipment to improve energy efficiency. Public institutions referred to in this law refer to state organs, public institutions and organizations that use financial funds in whole or in part.


It is necessary to strengthen the energy conservation work of public institutions to implement the scientific outlook on development and to build a resource-conserving society. In recent years, the state council attaches great importance to the energy conservation of public institutions, and requires public institutions to play a leading role in building a conservation-oriented society. Public institutions at all levels should fully understand the importance of energy conservation, take the lead to economize, leading, consciously accept the social and publicity and education, to reduce energy consumption, improve the efficiency of energy utilization, drive the whole society to do a good job of saving energy. Public agencies must first saving, put an end to waste, such as through practice the air conditioning temperature control system, in order to strengthen the management of energy consumption measurement statistics, enhance the promotion of energy conservation and education, guide the staff energy saving habit, to save energy; Purchase and lead the use of energy-saving products, equipment and energy efficiency. Public institutions referred to in this law refer to state organs, institutions and organizations that use financial funds in whole or in part.


Article 48. The state council and the departments under the administration of local people's governments at or above the county level shall, together with the relevant departments at the same level, formulate and organize the implementation of the energy conservation plan of the public institutions at the corresponding level. The energy conservation plan of public institutions should include the plan of building energy conservation in public institutions.


Article 49 institutions shall set up the annual energy saving target and implementation plan, in order to strengthen the management of energy consumption measurement and monitoring, transactional work to the people's government at the corresponding level and the management mechanism of institution shall submit the energy consumption status report of the previous financial year. The state council and local people's governments at or above the county level administration affairs institution jointly with the departments concerned in accordance with the administrative authority at the same level, formulate energy consumption quota of public institutions, the financial department under the quota for energy consumption expenditure standards.


Public institutions set up the annual energy saving target and implementation plan, to strengthen the energy conservation work order, planned and forward-looking, can be decomposed tasks at the same time, put in place, a clear responsibility, to strengthen public institutions at all levels staff work sense of responsibility, to promote the completion of tasks of energy saving target is of great significance.


The energy conservation work of any unit cannot be separated from accurate and reliable energy consumption measurement and monitoring management. Only by relying on the accurate and complete data provided by energy measurement and monitoring, can we accurately analyze the energy utilization status and main problems of the unit, so as to put forward reasonable and effective energy saving measures. To this end, this article requires public institutions to strengthen energy consumption measurement and monitoring management. Public institutions shall, in accordance with the relevant regulations of the state, to establish a system for measuring, the summary analysis of energy consumption, and implement the responsibilities for measuring, monitoring, cooperate with unqualified measuring instruments, we collected data for energy measurement, secure energy metering, summary information true, accurate and complete.


In strengthening management on the basis of energy consumption measurement and monitoring, public institutions at various levels shall be submitted to the administrative authorities of the people's government at the corresponding level affairs agencies on the annual report, the energy consumption of the people's governments at various levels in order to facilitate management administration affairs work mechanism to carry on the comprehensive analysis and overall consideration, in both daily energy consumption and energy saving potential, on the basis of energy consumption quota of formulate public institutions, and by the financial department according to the quota


Set energy expenditure standards.


Article 50 the public institutions shall strengthen the system management of the units and ensure that the operation of the system is in conformity with the relevant national standards.


With energy system management, it refers to management activities such as monitoring, deployment, maintenance and other management activities for the use of energy equipment and energy system. Strengthen the system management, ensure that the system can run in accordance with the relevant national standards, facilitate the development of energy conservation work, and improve the efficiency and economic benefits of energy utilization.


Energy audit is a kind of energy management and service methods, refers to the institutions engaged in energy audit services, according to the relevant national energy conservation codes and standards, the energy-using units of energy efficiency, energy consumption level and use of economic effect, of course can use physical and financial statistical analysis, test, diagnostic evaluation and energy-saving reform measures are put forward. Institutions including the main content of the energy audit, energy management situation, can use situation and process, the condition of energy measurement and statistics, energy consumption index calculation analysis, energy-using equipment operation efficiency calculation and analysis, the energy saving calculation, etc. The main procedures of energy audit of public institutions include: first, to determine the objectives and contents of the audit according to the requirements of energy audit purposes, and to prepare energy audit plans and task proposals; Second, the public institutions and agencies engaged in energy audit services have signed an entrustment agreement, which serves as the basis for energy audit of energy service agencies. Third, conduct data collection, collation and verification; According to the requirements of the assignment, the relevant calculation analysis and review; Conduct necessary field visits and tests on relevant equipment of public institutions; Fourth, the energy audit service agencies shall submit energy audit reports to public institutions within the specified time. Public institutions to carry out the energy audit, in accordance with the relevant provisions can be found in time and master the weak link of energy management, mining and energy saving potential, reduce energy consumption, realize the effective supervision of this unit energy consumption situation and management, and according to the energy audit results to take measures to improve the efficiency of energy utilization.


Article 51 in purchasing power products and equipment, public institutions shall give priority to the purchase of products and equipment listed in the government procurement list of energy-saving products and equipment. It is forbidden to purchase products or equipment for use by the state. The list of government procurement of energy-saving products and equipment shall be formulated and promulgated by the government purchasing supervision and administration department of the people's government at or above the provincial level jointly with the relevant departments at the same level.


Public institutions purchasing energy saving products and equipment to reduce expenditure, public institutions energy saving financial fund, promote the popularization and application of energy saving products, drive the whole society to enhance consciousness of energy conservation, energy conservation, has the very vital significance. Public institutions using fiscal capital procurement energy-using products, equipment, shall have the priority to purchase in energy-saving products, equipment, backward technology, high energy consumption, no unit or individual may produce, import, sale, therefore, declared obsolete by formal decree of the state public institutions shall not purchase energy-using products and equipment.


In order to ensure the maneuverability of the prior purchasing energy saving products, equipment, system, make the country to promote energy-saving products promotion and application of government procurement policies are implemented, the second paragraph of this article demands of the people's governments at or above the provincial level government procurement supervisory and administrative department under the state council in conjunction with the relevant departments to formulate and publish at the government purchasing list of energy saving products and equipment. The public institutions shall purchase products and equipment that can be purchased in the list of products and equipment. At present, the ministry of finance, the national development and reform commission has formulated the government procurement directory of energy-saving products and equipment.


Article 52 the state shall strengthen energy conservation management of key energy-using units.


The following units of energy can be used as key units:


(1) the energy-using units with a total annual total energy consumption of 10,000 tons of standard coal;


(2) the relevant departments of the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government where the department for the administration of energy conservation work specified in the comprehensive energy consumption of over five thousand tons less than ten thousand tons of standard coal energy-using units.


The departments in charge of energy conservation under the state council shall, together with the relevant departments under the state council, formulate measures for energy conservation.


Article 53 key energy-using units shall submit annual reports on the utilization of energy to the departments in charge of energy conservation. Energy utilization includes energy consumption, energy utilization efficiency, energy conservation target completion and energy conservation benefit analysis, energy saving measures, etc.


As large energy consumption in the key energy-using units, and the state to its strengthening energy conservation management, first need to understand key energy-using units in energy consumption, energy saving, etc, then can be targeted to take relevant measures to implement energy-saving work. The energy utilization report should include the following aspects:


1. Energy consumption. Where energy is used in units; What are the main sources of energy for consumption? When reporting the total amount of energy consumption, the key energy unit needs to convert into tons of standard coal according to the requirements.


2. Energy efficiency. That is, a ratio of energy to actual energy consumption that can be effectively utilized by an energy unit.


3. Completion of energy saving targets. That is, the energy saving target determined according to the prescribed procedure has been completed, to what extent, how much is the difference, and how much is the excess ratio.


4. Analysis of energy conservation benefits. The comparison and analysis between the cost of energy saving and the efficiency achieved by energy saving.


5. Energy saving measures. What kind of measures can be taken to save energy, such as training, reward, technical reform, etc.


6. Other contents that should be reported.


Article 54 the departments in charge of the management of energy conservation shall examine the report on the utilization of energy used by the energy units. On energy saving management system is not sound, energy-saving measures implementation, low energy efficiency of key energy-using units, where the department for the administration of energy conservation work shall be carried out field investigation, organize the implementation of energy-using equipment energy efficiency testing, shall be ordered to implement energy audit, and puts forward a written corrective requirements, rectification within a time limit.


In the key energy-using units in accordance with the law to fulfill the obligation to submit reports on their utilization of energy, energy conservation management department of energy utilization report may not be on the shelf, record it, and shall review and check that all contents of energy utilization in the report, see if it true, accurate, and understand the key energy-using units in terms of energy consumption, energy saving.


To make as large energy consumption in the key energy-using units to take concrete measures to save energy, the provisions of the management department of energy-saving work to the provisions of this article present situation in the key energy-using units, to perform regulatory responsibilities shall be in accordance with the law, reduce the energy consumption:


1. The departments in charge of energy conservation shall, in accordance with the provisions of this article, provide the legal conditions for the performance of the supervisory duties by the units in charge. According to the provisions of this management department to perform the provisions of the regulatory responsibilities of energy saving work is: the condition of key energy-using units of energy management system is not sound, energy-saving measures do not implement, low energy efficiency.


2. The department in charge of energy conservation shall fulfill the supervision responsibilities stipulated in this article and may take the following measures according to law:


(1) conduct field investigation. That is, the department that manages the energy conservation work will enter the relevant places of the key energy units, and conduct on-the-spot investigation on the energy conservation management system, energy conservation measures, energy utilization and energy consumption.


(2) to organize and implement energy efficiency detection of energy equipment. The departments that manage energy conservation work shall organize the inspection and determination of energy efficiency of the energy-using equipment, and directly obtain the various test data.


(3) to order the actual energy audit. For the accurate analysis of the key energy-using units reasonably utilization of energy and level, excavate its energy-saving potential, key energy-using units, which is in the provisions of this situation, the management of energy conservation for energy audit departments shall order.


(4) make written rectification requirements.


Article 55 key energy-using units shall establish a management job, energy in the energy saving of professional knowledge, practical experience, and intermediate or above technical titles, head of the personnel employed in energy management, energy conservation and management of department and the relevant departments for the record. Energy management controller is responsible for organizing this unit energy-using status analysis and evaluation, organization write report for this unit of energy utilization, this unit energy conservation improvement measures are put forward and organize their implementation. The head of energy management shall receive energy conservation training.


In order to ensure that energy conservation measures are implemented in key energy-using units, the key energy-using units should be focused on energy conservation. In this article, energy management posts should be established in key energy-using units.


The purpose of establishing an energy management position under the law is to focus on the specific positions and personnel of the energy unit to be responsible for the energy work of the unit. Therefore, the key energy-using unit should be responsible for the energy management of the unit in charge of the energy management. In order to ensure that the head of energy management is competent, the following three conditions shall be provided for the head of energy management:


1. Knowledge of energy conservation. To do a good job in energy conservation, we must have a professional knowledge of energy conservation. As a key energy management person in charge of energy management, it is necessary to have the professional knowledge of energy conservation, so as to do a good job in energy management of the unit.


2. Practical experience. Production and business operation activities of the function of key energy-using units there are many link, internal process is complex, only familiar with the unit operation, can be put forward targeted energy-saving targets, measures and so on.


3. Intermediate or above technical titles. Intermediate or above technical titles are qualified by national professional examination and recognized by the state. Only those who have obtained intermediate or above technical titles can engage in energy conservation management.


According to the provisions of this article, the head of energy management shall perform the following duties:


1. The organization shall analyze and evaluate the performance of the unit.


2. Compile the report on energy utilization of the unit.


3. Proposed the improvement measures for the energy conservation work of the unit and organized the implementation.


Energy management, head of energy saving of professional knowledge, but as people to the objective law of deepening the development of knowledge and knowledge technology, energy management, head of energy conservation knowledge also need to be updated, so as to better prepare for this unit energy management work.

Chapter iv progress in energy conservation technology.



Article 56 the department of energy conservation under the state council shall, together with the competent department of science and technology under the state council, issue an outline of the policy on energy conservation and guide the research, development and application of energy conservation technologies.


Article 57 people's governments at or above the county level should put energy saving technology research and development as the focus of the government investment in science and technology field, and support scientific research units and enterprises in energy-saving technology application research, standards for energy conservation, development of energy-saving and key technology, promote the energy-saving technology innovation and achievements transformation.


Government investment in science and technology refers to the government to support and promote the scientific and technological progress and fiscal spending, including the financial support of science and technology activities, to the cultivation of talents of science and technology funding, to the cultivation of talents of science and technology fund support, capital support for equipment needed for science and technology activities such as government investment in science and technology should be more used in the research and development of energy-saving technology, is more advantageous in energy saving technical progress.


Government science and technology investment has great significance to the progress of energy-saving technology. At the same time, the research, development and application of energy conservation technologies by scientific research units and enterprises are also important forces to promote the progress of energy conservation technology and achieve energy conservation goals. At or above the county level people's governments at various levels shall, through various ways, support the scientific research units and enterprises for energy saving technology how to apply to the actual production and operation of each link and People's Daily life, study; Supporting scientific research institutes and enterprises to formulate various standards for energy conservation; Support scientific research units and enterprises to develop energy-saving generic technologies for different industries, enterprises or devices; Support scientific research units and enterprises to develop key technologies crucial to energy conservation; To promote the creative research and development of new energy-saving technologies; Promote the application and promotion of energy-saving technology.


Article 58 the management of energy saving work department under the state council jointly with the departments concerned under the state council shall formulate and publish the catalogue of energy-saving technology, energy saving products promotion, guide the energy-using units and individuals to use advanced energy-saving technologies and energy-saving products. The department in charge of energy conservation under the state council shall, in conjunction with relevant departments under the state council, organize and implement major energy conservation research projects, demonstration projects for energy conservation and key energy conservation projects.


Article 59 the people's governments at or above the county level shall, in accordance with local conditions, can complement each other, the principle of comprehensive utilization, stressing efficiency, strengthen the agricultural and rural energy-saving work, increase of agricultural and rural energy-saving technology and the popularization and application of the energy-saving products of the investment. Agriculture, science, technology and other relevant departments shall support and promote agricultural production, agricultural products processing, storage and transportation and so on application of energy-saving technologies and energy-saving products, encourage updates and eliminate production of agricultural machinery and fishery vessels. The state encourages and supports developing biogas in the rural areas, promote the biomass energy, solar energy and wind power and other renewable energy technologies, development in accordance with the principle of scientific planning, and orderly development of small hydropower, promoting rural residential energy-saving and cooking range, encourage using non-cultivated land cultivation of energy plants, and vigorously develop energy such as firewood forests.


According to the provisions of this article, the people's governments at or above the county level to promote agricultural and rural energy conservation work on the principle of technological advancement should be to adjust measures to local conditions, can complement each other, comprehensive utilization, stressing efficiency, which shall, according to the specific situation in different areas of the local optimum way to; Should not be limited to a single energy, but should use firewood, straw, biogas, solar energy, diesel and other energy sources, so that various energy sources complement each other; All kinds of energy should be applied comprehensively, fully and reasonably; We should attach importance to and pursue benefits. People's governments at or above the county level to promote agricultural and rural energy-saving technology progress, strengthen the agricultural and rural energy-saving work, should be related to the rise of capital investment, use more financial fund to popularization and application in agricultural and rural energy-saving technologies and energy-saving products.


At present, agricultural machinery and fishery ships are mainly used in rural areas of China. To promote energy-saving technological progress in the field of rural production, the provisions of the agriculture, science and technology and other relevant departments to promote rural areas energy-saving methods, namely, support, promotion in agricultural production, agricultural products processing, storage and transportation, etc, the application and energy saving technology and energy saving products, encourage updates and eliminate production of agricultural machinery and fishery vessels.


Considering the rural energy commercialization rate is not high in China, this article in rural development to the country all kinds of energy, energy conservation and technical regulations, the state encourages and supports developing biogas in the rural areas, promote biomass energy, solar, and wind power and other renewable energy technologies, development in accordance with the principle of scientific planning, and orderly development of small hydropower, promoting rural residential energy-saving and cooking range, encourage using non-cultivated land cultivation of energy plants, and vigorously develop energy such as firewood forests. According to the renewable energy law, renewable energy refers to non-fossil energy sources such as wind energy, solar energy, water energy, biomass energy, geothermal energy and ocean energy. Biomass energy refers to the use of natural plants, feces and the conversion of urban and rural organic waste into energy; Energy plants are herbs and woody plants used to provide energy materials.



Chapter v incentive measures.



Article 60 the central government and provincial local finance special fund for energy conservation, energy conservation technology research and development, demonstration and promotion of energy-saving technologies and products, the implementation of key energy-saving projects, energy-saving commendation and reward for propaganda and training, information service, and etc.


Lack of effective financial support is an important factor restricting the development of energy saving activities in China. The government will allocate special funds to support energy conservation, and may send a signal to the society that the government supports the development of energy conservation, which will serve as a guide and mobilize the whole society to participate actively in the development of energy conservation activities. Therefore, this article requires the central finance and provincial local financial arrangements to allocate special funds. At the same time, the scope of the use of energy-saving special funds this article made a regulation, the box and support energy saving technology research and development, demonstration and promotion of energy-saving technologies and products, the implementation of key energy-saving projects, energy-saving commendation and reward for propaganda and training, information service, and etc. Here also need to point out is, this article clearly only the central government and local governments at the provincial level to set up special funds, energy saving does not require other local finance set up energy-saving special funds, but this does not affect local governments within the permitted scope of their financial resources, to arrange corresponding financing energy conservation activities.


Article 61 the state shall, in accordance with the provisions of article 58 of this law, support such policies as energy saving technology, energy saving products and tax incentives. The state supports the promotion and use of energy-saving products such as energy-saving lighting through financial subsidies.


Promotion of energy saving technology, energy saving products catalog is in a certain period of time, according to the national energy conservation planning of priority to the development of energy saving technology and energy saving products catalog, the formulation is based on the national economic and technological conditions, embodies the national energy saving policy, has been clear about the policy on different kinds of energy saving technology and energy saving products. In accordance with the provisions of article 58 of this law, the catalogue for the promotion of energy-saving technologies and energy saving products shall be formulated and promulgated by the department under the state council for energy conservation and the relevant departments under the state council. Preferential tax policy refers to the country, according to a period of political, economic and social development needs, the object of a taxpayer or tax policy to reduce or exempt from the tax burden, mainly including tax reduction or exemption. According to this provision, the need to support production, used in promotion directory of energy-saving technology, energy saving products, can enjoy prescribed fostering of preferential tax policy, to reflect the state energy saving technology, energy saving product research, development and promotion policy guide.


It is of great significance to promote the use of energy-saving lamps and other energy-saving products to alleviate the energy tension in China. The second paragraph of this article provides a legal basis for the state to use the fiscal subsidy policy to support the promotion of energy-saving products, and will effectively promote the popularization and application of energy-saving products in China.


Article 62 the state shall implement a tax policy conducive to energy conservation, improve the system of paid use of energy and mineral resources, and promote the improvement of energy resources and the level of exploitation and utilization.


In order to promote the conservation of energy resources and the improvement of exploitation and utilization, the state adopts the tax policy which is beneficial to save energy and resources, and conducts regulation and guidance. Tax policy can be used to save energy from demand and supply. From the demand point of view, the effect of tax on energy demand and price will have a significant impact on energy demand. From supply perspective, the government can take accelerated depreciation, investment credit, etc. The use of tax policy to reduce capital cost, improve the investment yield, to stimulate enterprises to update equipment and improve the enthusiasm of enterprises for energy saving project investment. The implementation of tax policies conducive to energy conservation can be addressed from the following aspects:


1. Make full use of tax leverage to gradually raise energy prices.


2, for can obtain obvious economic benefit and social benefit of energy saving investment project implementation of accelerated depreciation and income tax preferential policies of tax credits, to encourage enterprises to invest in energy conservation projects.


Energy system of paid use of mineral resources, it is to point to the identity of the owner and the manager to energy mineral resources, the state, to achieve the owner's equity, guarantee the sustainable utilization of the energy mineral resources, mineral resources to use energy units and individuals that collect energy mineral resource use system. Countries in order to develop, use and protect the energy mineral resources, realize the energy mineral resources sustainable use, the energy mineral resources better benefit to all the people, to better support the sustainable development of economy and society, and in accordance with the law shall practise a system of paid use of mineral resources of energy, and it is also the energy mineral resources management system and operational mechanism to adapt to the needs of the market economic system and strengthening the government macroeconomic regulation and control.


Article 63 the state shall adopt policies such as taxation to encourage the import of advanced energy-saving technologies and equipment and control the export of products that consume high energy and heavy pollution during the production process.


In recent years, China's foreign trade growth, but at the same time, resources and environmental costs of China's foreign trade is facing big, low product added value, the lack of independent brands, the processing trade dependence is strong, such as a series of problems emerging in particular chemical industry, steel, alloy and high energy consumption high pollution products export increase a lot, has become the prominent problems in the current foreign trade structure. For a long time, China has paid great attention to the development of heavy chemical industry, and some products, such as steel and cement, have seen obvious overcapacity in the domestic market, which has turned to the international market. These crude processing products have low added value, high energy consumption and high pollution. The massive export of these products not only seriously damages the ecological environment, but also causes a lot of energy consumption in our country.


This article about national using policies such as tax, to encourage the import of advanced energy conservation technology, equipment, control in the process of production of high energy consumption and heavy pollution regulations of the product export, by improving the structure of foreign trade, play a guiding role of energy saving policy provides a solid legal basis. For the implementation of the provisions of this section, the further research on the one hand to control energy intensive high pollution products export of related policies and measures to continue to use adjustment of export tax rebates, levying export tariffs and cut export quotas, will be part of the product listed in the catalogue of prohibited class in processing trade measures, such as decrease the profit forecast of resources products of export; Lowering import tariffs on the other hand, should pass the relevant policies to encourage enterprises to import advanced energy saving technology and equipment, improve the enthusiasm of enterprises to carry out energy saving technical reconstruction from multiple aspects to improve China's foreign trade structure, to adapt the demand of energy saving strategy goal.


Article 64 the government procurement supervision and administration department shall, in conjunction with the relevant departments, formulate a list of government procurement of energy saving products and equipment, and shall give priority to the products and equipment that have obtained certificates for the certification of energy-saving products.


Government procurement refers to state organs, institutions and organizations at all levels, the use of fiscal fund procurement in accordance with the law of centralized purchasing directory or purchase quota standards within the above goods, engineering and service behavior. The goods referred to herein refer to various forms and types of goods, including raw materials, fuels, equipment, products, etc. The project refers to the construction project, including the construction, alteration, expansion, renovation, demolition and repair of buildings and structures; Services refer to other government procurement objects other than goods and engineering.


The state adopts the government procurement system, which can reflect the national policy tendency through the choice of different purchasing products. In our country, with the rapid development of national economy and social, energy and environmental problem increasingly prominent, energy conservation has become to ensure national energy security, improve the environment quality, long-term social and economic sustainable development of a major strategic issue. Therefore, it is objectively determined that energy saving should become an important policy goal of China's macro-control, and the purchase of energy-saving products and equipment should be included in the scope of government procurement.


Government purchasing list of energy saving products, equipment, is the people's governments at or above the provincial level government procurement supervision and regulation department, together with the relevant departments of the comprehensive consideration of the corresponding government procurement reform progress and the technology of energy saving products and market conditions and other factors, the related energy saving products, equipment selection. When determining the government procurement directory of energy saving products and equipment, the products that have obtained the certificate of energy conservation products shall be listed in priority. Energy conservation product authentication refers to the energy conservation product authentication according to the relevant national standards and technical requirements, in accordance with the product quality certification rules and procedures, confirmed by the energy-saving product certification body and through the issued certificates and energy-saving marks, show that a product is in conformity with relevant standards and energy saving requirements.


Article sixty-five the state will encourage financial institutions to increase credit support for energy saving project, to meet the conditions of energy saving technology research and development, energy-saving products and energy-saving technological transformation projects such as preferential loans. The state promotes and guides social related aspects to increase investment in energy conservation and accelerate the transformation of energy-saving technologies.


Research and development of energy conservation technology, production of energy-saving products and renovation of energy-saving technologies generally have higher investment, and the recovery period is longer and the financing difficulty is greater. The state guides financial institutions to increase credit support for energy conservation projects, and can adopt a variety of flexible methods, such as subsidizing financial institutions that provide loans for energy conservation projects.


With the establishment and improvement of China's socialist market economic system, energy conservation has become an increasingly autonomous behavior of enterprises. However, there are many enterprises that consider the short-term economic benefits, focus on the market development of their products and services, not pay much attention to energy conservation, and have less access to funds. Therefore, it is imperative to promote and guide social related aspects to increase investment in energy conservation and accelerate the transformation of energy-saving technologies. In this regard, the promotion and guiding role of the government can be reflected by adopting policies such as fiscal and tax, for example, increasing the pre-tax deduction ratio of energy-saving equipment and product r&d expenses; For special equipment for the production of energy-saving products, the accelerated depreciation method may be applied for depreciation; For the purchase of equipment for the production of energy-saving products, the new income tax incentive policies of the enterprise may be implemented in a certain amount. To the major energy saving equipment and products, within a certain period of time to implement certain value-added tax relief policies and so on.


Article 66 the state shall implement a price policy that is conducive to energy conservation and shall guide the use of energy efficient units and individuals. The state USES fiscal, taxation and price policies to support the promotion of power demand side management, contract energy management, and energy saving and voluntary agreements. The state applies the system of electricity price, seasonal electricity price and interruptible load price system to encourage power users to adjust the load reasonably; For enterprises in steel, non-ferrous metals, building materials, chemical industry and other major energy-consuming industries, the policy of discriminating, restricting, permitting and encouraging the implementation of differential electricity prices shall be implemented.


China's energy prices have long been subject to government pricing, which cannot reflect the scarcity of resources and environmental impact, which is an important cause of excessive energy consumption. Low energy prices encourage companies to buy cheap equipment and technologies that are inefficient, leading to inefficient use of energy. China's industrial energy efficiency is far lower than that of developed countries. Therefore, it is an effective means to restrain high energy consumption, promote energy saving and reduce energy consumption.


Power demand side management, contract energy management, energy conservation voluntary agreement, such as energy saving measures, is conducive to play the role of market mechanism, arouse the enthusiasm of both energy supply and use, energy saving effect is obvious, countries need to use the fiscal and taxation, price policy support, such as:


1. Power demand side management. Power demand side management is to point to by adopting effective incentives to guide electricity users to change the way electricity, improve the efficiency of terminal power, optimize the allocation of resources, improve and protect the environment, to achieve the minimum cost of electricity power service management activities.


2. Contract energy management. The essence of contract energy management mechanism is a kind of to reduce energy costs to pay the full cost of the project investment of energy conservation, this approach allows the user to use in the future energy saving benefits and equipment upgrades for the factory, reduce the running cost.


3. Voluntary agreement on energy conservation. The voluntary agreement on energy conservation refers to an agreement between the government and enterprises.


Electric power is the most important energy, reasonably determine the price of electricity, and implement the electricity price policy which is beneficial to energy saving, which is of great importance for saving electricity.


1. The system of electricity price, seasonal electricity price, and interruptible negative charge system shall be implemented.


2. To implement the differential pricing policy for enterprises in the major energy-consuming industries.


Article sixty-seven the people's governments at various levels in the management, science and technology research and application of energy conservation have made significant achievements and report against any waste of energy in the units and individuals that give commend and reward.



Chapter vi legal liability.



Article sixty-eight the organs in charge of examination and approval or approve fixed asset investment projects of in violation of the provisions of this law, does not meet the mandatory energy efficiency standards of approval or the approval of the construction of the project, the person in charge directly responsible and other directly responsible personnel in accordance with the law to give disciplinary action. Fixed assets investment project construction unit construction does not comply with the provisions of the mandatory energy efficiency standards project or will be put into production, the use of the project, by the management department shall be ordered to stop the construction of energy saving work or stop the production, use, within a time limit; If a productive project cannot be altered or is not remitted, the department for energy conservation shall report to the people's government at the corresponding level to order it to be shut down in accordance with the authority prescribed by the state council.


(1) to be responsible for the legal responsibility of the organs responsible for approving or approving fixed assets investment projects.


In accordance with the provisions of article 15 of this law, the state shall implement the system of energy conservation assessment and review for fixed assets investment projects; Projects that do not meet the mandatory energy saving standards shall not be approved or approved by the organs responsible for the approval or approval of the projects according to law. In this model, the main body of bear legal responsibility is responsible for the examination and approval or approved authority in the fixed assets investment projects directly responsible person in charge and other directly responsible personnel, namely the illegal ACTS in the unit directly responsible personnel, including the illegal act of the executive after the violation to the unit give recognition and support of leading personnel, because of the neglected or indulge, thus illegal behavior have unshirkable responsibility to the unit leadership, implementation and other illegal ACTS.


(2) the legal liability of the construction unit of fixed asset investment project for violating the mandatory energy saving standard.


In this paragraph, the subject of legal liability is the construction unit of fixed assets investment project. For projects under construction that do not meet the mandatory energy conservation standards, the departments in charge of energy conservation work shall order them to stop production, use and change the time limit. For projects that fail to meet the mandatory energy conservation standards for production and use, the departments in charge of energy conservation work shall order them to stop production, use and change the time limit. The construction unit shall be reformed within the prescribed time limit. For productive projects that are not remitted after the expiration of the time limit, the people's government at the corresponding level shall be reported to the people's government at the corresponding level in accordance with the authority prescribed by the state council.


Article sixty-nine of the production, import and sales of energy-using products declared obsolete by formal decree of the state, the equipment, the use of forged energy conservation product authentication marks or use energy conservation product authentication marks, in accordance with the provisions of the "product quality law of the People's Republic of China".


In order to make consumers get real information of energy-saving products, to ensure consumers to buy the real energy saving products, as prescribed in paragraph 2 of article 20 of this law, to ban the use of forged energy conservation product authentication marks or use energy conservation product authentication marks. In violation of the above provisions, the product quality law has stipulated corresponding legal liability, therefore, this article has made the cohesive rule. According to article 51. The product quality law and the provisions of article 53 declared obsolete by formal decree of the state production product, sales and to stop selling the product has been officially eliminated by the state, shall be ordered to stop the production, sale, confiscate the illegal production and sales of products, and the illegal production, sales, product value equivalent fine below; If there is any illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked; If a product is counterfeited or falsely used for certification marks, it shall be ordered to make corrections, confiscate the products that are illegally produced and sold, and impose a fine of not more than the amount equivalent to the value of the goods sold in violation of the law. If there is any illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked.


Article seventy of the production, import and sales do not meet the mandatory energy efficiency standards of energy-using products, equipment, the product quality supervision department shall be ordered to stop the production, import, sale, confiscate the illegal production, import and sales of energy-using products, equipment and the illegal income, and be fined more than twice and less than five times the illegal income; If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license.


Article 71 in the use of energy equipment or production processes that are eliminated by the state order, the departments that manage the work of energy conservation shall order them to stop the use and confiscate the equipment used for elimination by the state. If the circumstances are serious, it may be put forward by the department for energy conservation work, and the people's government at the corresponding level shall be ordered to suspend business for rectification or closure under the authority prescribed by the state council.


Article 16 of this law stipulates that the state shall implement a system of elimination of outdated energy-consuming equipment and production techniques. Article 17 of this law prohibits the use of energy-using equipment and production techniques that are eliminated by the state. In violation of the provisions of this law, the use of energy equipment or production technology that is eliminated by the state's order shall bear the legal responsibility stipulated in this article.


"Energy-using equipment or the production technology declared obsolete by formal decree of the state" refers to the management of energy saving work department under the state council jointly with the departments concerned under the state council shall formulate the eliminated energy-using equipment listed in the catalogue, the production process. Use energy-using equipment or the production technology declared obsolete by formal decree of the state, the management of energy saving work departments shall order them to stop the illegal act, the first is to stop using should be eliminated energy-using equipment or process. Second, the use of energy equipment to be eliminated by the state order shall be confiscated. If the case is serious, it may be put forward by the department that manages the energy conservation work, and the people's government at the corresponding level shall be ordered to suspend business for rectification or closure under the authority prescribed by the state council. Among them, the order to suspend business for rectification means to emphasize the requirement that illegal agents stop production and operation activities, carry out rectifications, and update the equipment and production process that should be eliminated. The order to shut down means to force the illegal actor to stop the production and operation activities. Management department of energy saving work cannot be directly ordered to stop business operations for rectification or closing decision, only the right ordered to stop business operations for rectification or shut down, submitted to the people's government at the corresponding level and authority in accordance with the regulations of the state council.


Article seventy-two production units more than energy consumption per unit product quota standards can use, if the circumstances are serious, the deadline administers a late no governance or not meet the requirements of governance, can offer an opinion by the management department of energy saving work, subject to approval in accordance with the regulations of the state council of the people's governments at the corresponding level permissions ordered to stop business operations for rectification or shut down.


Limitation of energy consumption per unit product, it is calculated according to the unit of measurement products, each measuring contribution by the comprehensive energy consumption per unit product or a consumption of main energy varieties shall not exceed the maximum amount. Limitation of energy consumption per unit product standard, it is to point to in accordance with the provisions of this law, the competent standardization department under the state council together with the management of energy saving work department and the relevant departments under the state council in the production of the product with high energy consumption per unit product energy consumption quota standards. Due to the high energy consumption in the production process, it is an indispensable and important product of economic construction. If the super energy consumption limit is produced, it will lead to serious energy waste.


Article 73 in violation of the provisions of this law, the product quality supervision department shall be ordered to make corrections and shall be fined not less than 30,000 yuan but not more than 50,000 yuan. In violation of the provisions of this law, if the energy efficiency marks are not filed, or the energy efficiency marks used are not in conformity with the provisions, the product quality supervision department shall order them to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 30,000 yuan. The product quality supervision department shall be ordered to make corrections, and shall be fined not less than 50,000 yuan but not more than 100,000 yuan. If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license.


Energy efficiency identification refers to an information label attached to a product or its packaging that represents a performance indicator of the energy efficiency rating of a product. Implement energy efficiency label system, can provide the necessary information for the consumer purchase decision, enable consumers to compare the performance of energy consumption of different brand products, guide and help consumers select high efficiency and energy saving products, to promote the improvement of energy efficiency and energy saving products technological progress. In violation of the provisions on the management of energy efficiency marks in this law, the corresponding legal responsibilities shall be borne:


1, to listed in the national energy efficiency management of the product catalog of energy-using products, shall be marked with the energy efficiency label without annotation, the product quality supervision department shall be ordered to correct, a fine of not more than thirty thousand yuan and fifty thousand yuan.


2, not to its use in accordance with the relevant provisions of the energy efficiency label to the product quality supervision department under the state council and the management of energy saving work department under the state council jointly authorized institutions for the record, or use of the energy efficiency label is not in conformity with the provisions, by product quality supervision department instructs deadline to correct, Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 30,000 yuan.


3. If a false advertisement is made by forging or using energy efficiency marks or using energy efficiency marks, the product quality supervision department shall order correction and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license. Faking energy efficiency identification refers to the fabrication of unreal energy efficiency identification information; The use of energy efficiency marks refers to the illegal use of other people's energy efficiency marks, for example, using the name of another person on the label.


Article 74 if a unit fails to equip or use energy measuring instruments in accordance with the relevant provisions, the product quality supervision department shall order it to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.


Article 75 whoever conceals, falsifies or falsifies the energy statistics or fabricates statistical data of false energy shall be punished in accordance with the statistics law of the People's Republic of China.


Energy statistics is part of the statistical work, do a good job of energy statistics, a correct analysis a unit area of energy utilization plays an important role, energy-using units and statistics departments shall guarantee that the data is true and complete energy. The statistical law has the corresponding legal liability for concealing, falsifying, tampering with statistical data or fabricating statistical data in energy statistics. Accordingly, this article makes the cohesive regulation. According to the relevant provisions of the statistical law:


1. If a statistical investigation object has falsified or concealed statistical data or falsified or tamper with statistical data, the statistical institutions of the people's governments at or above the county level shall order them to make corrections and notify them of their criticisms; If the circumstances are serious, the persons with direct responsibility and other persons directly responsible shall be given administrative sanctions according to law.


2, members of local authorities, departments and units to modify and fabricate statistical data or compel or prompt statistics institutions or statisticians to tamper with or fabricate statistical data, shall be given administrative sanctions according to law, and shall be reported by the statistics institutions of the people's governments at or above the county level


3, statistical personnel participate in tampering with or fabricating statistical data, shall be reported by the statistics institutions of the people's governments at or above the county level shall, in accordance with the law shall be given administrative sanctions or suggest the department concerned shall be given administrative sanctions.


Article seventy-six those engaged in energy-saving consulting, design, evaluation, testing, audit and certification services to provide false information, the management department of energy saving work shall be ordered to correct, have their illegal incomes confiscated, and be fined between RMB fifty thousand yuan and fifty thousand yuan.


Article 77 whoever, in violation of the provisions of this law, provides energy to the staff or workers of the unit without compensation or imposes a package fee on energy consumption shall be ordered to make corrections within a time limit by the department that administers the energy conservation work. Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.


Residents who use electricity, gas, natural gas and coal shall be measured and paid in accordance with state regulations. If you don't pay fee in accordance with the usage, but energy are provided free by the unit or package fee system in energy consumption (i.e. not carried out in accordance with the usage of energy consumption to collect fees, but with the same charge to use less), the energy consumption can be unlimited energy, can cause a large amount of waste energy and save energy. In real life, some power supply and gas supply units in our country provide "welfare energy" to the employees of this unit, and the phenomenon of package fee system for energy consumption still exists. In order to avoid unnecessary waste, the article 28 of this law stipulates that energy production and operation entities shall not provide energy to the employees of the unit for free in accordance with the provisions of article 28 of this law. No unit shall carry out package fee system for energy consumption. Whoever, in violation of the provisions of this law, provides energy to the employees of the unit for free or carries out a package fee system for energy consumption shall be ordered to make corrections within a time limit according to the provisions of this article. Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.


Article seventy-eight the power grid enterprises in accordance with the provisions of this arrangement not conform to the provisions of the cogeneration and utilization of by-product heat pressure power generation units and the interconnection of power grid, or fails to perform the relevant state regulations on feed-in tariffs, by the state electricity regulatory institution shall be ordered to correct; If the economic losses of the power generation enterprises are caused, they shall be liable for compensation according to law.

Article 79 if a construction unit violates the building energy conservation standards, the construction department shall order it to make corrections, and shall be fined not less than 200,000 yuan but not more than 500,000 yuan. If the design unit, the construction unit or the supervision unit violates the building energy conservation standards, the construction department shall order the department to make corrections, and shall be fined not less than 100,000 yuan but not more than 500,000 yuan. If the circumstances are serious, the department issuing the qualification certificate shall lower the qualification level or revoke the qualification certificate; Where the losses are caused, the party shall be liable for compensation according to law.


Building energy efficiency standards in the building's execution in the process of planning, design, construction and renovation of mandatory energy requirements, he demanded of energy-saving technology, processes, equipment, materials and products, improve the heating of the heat preservation and heat insulation performance and efficiency of heating, air conditioning and refrigeration heating system, strengthen the building energy system operation and management, on the premise of guarantee the quality of the indoor thermal environment, reduce the heating, air conditioning and refrigeration heating, lighting, the energy consumption of the hot water supply, etc. In order to meet the requirements of energy conservation, the construction, design, construction and supervision units of construction projects shall comply with the building energy conservation standards in the first paragraph of article 35 of this law.


If the construction unit violates the building energy conservation standards, the construction department shall order it to make corrections according to the provisions of this article and shall be fined not less than 200,000 yuan but not more than 500,000 yuan. If the design, construction or supervision unit of a construction project violates the building energy conservation standards, the construction department shall order the department to make corrections, and shall be fined not less than 100,000 yuan but not more than 500,000 yuan. If the circumstances are serious, the department issuing the qualification certificate shall reduce its qualification level or revoke its qualification certificate. If the construction engineering design, construction or supervision unit violates the building energy saving standard and causes losses to others, it shall be liable for compensation according to law.


Article eighty real estate development enterprises in violation of the provisions of this law, fails to express sold by buyer when selling houses building energy saving measures, such as thermal insulation engineering warranty information, the competent construction department shall order the deadline to correct, do not make the corrections within the time limit, a fine of not more than thirty thousand yuan and fifty thousand yuan; If the above information is falsely propagated, the construction department shall order it to make corrections, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan.


To promote building energy efficiency, safeguard the interests of home buyers, the provisions of article 36, real estate development enterprises in housing sales, the express sold by building energy saving measures shall be submitted to the buyer, such as thermal insulation engineering warranty information, in the sale and purchase contract, guarantee of quality and stated in the specification, and shall be responsible for the truthfulness, accuracy. This article makes clear provisions on the legal liability of the real estate development enterprise in violation of the provisions of article 36 of this law.


If the real estate development enterprise fails to provide information such as the energy saving measures for the sale of houses and the guarantee period of the thermal insulation project to the purchaser in accordance with the provisions of this law, the construction department shall order it to make corrections within a time limit. If the real estate development enterprise fails to correct the illegal behavior within the prescribed time limit, the competent construction department shall impose a fine of not less than RMB 30,000 yuan but not more than RMB 50,000 yuan according to the specific circumstances. Real estate development enterprises to sell building energy saving measures, such as thermal insulation engineering warranty information for false advertising, the competent construction department shall be ordered to correct, two hundred thousand yuan to fifty thousand yuan fine.


Article eighty-one the public institutions purchasing energy-using products, equipment, no prior purchasing in the products listed in the list of energy saving products, equipment procurement, equipment, or purchasing declared obsolete by formal decree of the state of energy-using products, equipment, the government procurement supervision and regulation department to give warning, a fine may concurrently be imposed; The persons directly in charge and other persons directly responsible shall be punished according to law and shall be notified.


Subparagraph 1 of article 51 of this law, public agencies purchase energy-using products, equipment, and shall have the priority to purchase listed in energy-saving products, equipment, government procurement list of energy-using products, equipment, ban declared obsolete by formal decree of the state purchasing energy-using products and equipment. This article is a violation of this provision of legal liability.


According to the provisions of this article, public agencies when purchasing energy-using products and equipment without prior purchasing in the products listed in the list of energy saving products, equipment procurement, equipment, or declared obsolete by formal decree of the state purchasing energy-using products, equipment, and the government procurement supervision and regulation department to give warning, preached for cure and no longer engaged in illegal activities, can also according to the specific circumstances of government procurement supervision and regulation department fined with public institutions. At the same time, the persons directly in charge and other persons directly responsible shall be given disciplinary punishment according to law and notified. Among them, "the person in charge directly responsible for" refers to the unit leadership responsibility of the staff, including the illegal act of the executive after the violation to the unit give recognition and support of leading personnel, and the neglected or indulge in unit crime unshirkable responsibility of leading personnel; "Other direct liability personnel" refers to other persons who directly commit illegal ACTS. The punishments included warning, demerit, demerit, demotion, dismissal and dismissal.


Article 82 where a key energy-using unit fails to report or report on the use of energy utilization in accordance with the provisions of this law, the department in charge of energy conservation shall order correction within a time limit. Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.


Key energy-using units refers to the total annual comprehensive energy consumption of more than 10000 tons of standard coal energy-using units, and the relevant departments of the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government where the department for the administration of energy conservation work specified in the comprehensive energy consumption of over 5000 tons less than ten thousand tons of standard coal energy-using units. Key energy-using units is of large energy consumption in our country, in order to strengthen energy conservation and management of key energy-using units, of the provisions of article 53, key energy-using units shall be a year to the management department of energy saving work submit reports on their utilization of energy of the previous year. Energy utilization includes energy consumption, energy utilization efficiency, energy saving target completion and energy conservation benefit analysis, energy saving measures, etc. If the key energy-using units fail to report or report on the use of energy utilization in accordance with the provisions of this law, the departments in charge of energy conservation shall be ordered to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined up to 50,000 yuan and 50,000 yuan by the department in charge of energy conservation.


Article eighty-three the key energy-using units without good reason refuses to implement the provisions of article 54 of this law improvement or not up to par, by managing the department in charge of the energy conservation work to a fine of not more than one hundred thousand yuan and three hundred thousand yuan.


Article 54 of this law, the departments responsible for the management of energy conservation shall examine the report on the utilization of energy used by the energy units. On energy saving management system is not sound, the energy conservation department shall carry out field investigation, organize the implementation of energy-using equipment energy efficiency testing, shall be ordered to implement energy audit, and puts forward a written corrective requirements, rectification within a time limit.


Key energy-using units without good reason refuses to implement the provisions of article 54 of this law rectification requirements, or rectification not up to par, by managing the department in charge of the energy saving work for its three hundred thousand yuan to one hundred thousand yuan fine. The specific fine amount shall be determined by the department according to the circumstances and consequences of the illegal act.


Article eighty-four key energy-using units not in accordance with the provisions of this law to set up the energy management job, employment, head of energy management, energy conservation and management of the department and the relevant departments for the record, by the administrative authority for energy conservation shall be ordered to correct; Whoever refuses to make corrections shall be fined not less than 10,000 yuan but not more than 30,000 yuan.


Provisions set forth in paragraph 2, paragraph 1 of article 55, key energy-using units shall establish a management job, energy in the energy saving of professional knowledge, practical experience, and intermediate or above technical titles, head of the personnel employed in energy management, energy conservation and management of department and the relevant departments for the record. Energy management controller is responsible for organizing this unit energy-using status analysis and evaluation, organization write report for this unit of energy utilization, this unit energy conservation improvement measures are put forward and organize their implementation. Key energy-using units in accordance with the stipulations set up energy management job, employment, head of energy management, energy conservation and to the management of the department and the relevant departments for the record, should by the management department of energy saving work shall be ordered to correct. Where the key energy-using unit is not corrected, the department that manages the energy conservation work shall be fined not less than 10,000 yuan but not more than 30,000 yuan.


Article 85 whoever, in violation of the provisions of this law, constitutes a crime shall be investigated for criminal responsibility according to law.


Criminal responsibility is the legal consequence of criminal act stipulated by national criminal law. China's criminal law to all sorts of crimes and made specific provision shall bear the legal responsibility, this article gave a bridging in this regulation, namely people who are in violation of the provisions of this law behavior, its behavior conforms to our country criminal law crime of constitutive requirements, must according to the provisions of relevant provisions of the criminal law, prohibit fake, use the energy efficiency label or the use of the energy efficiency label for false advertising. As prescribed in article two hundred and twenty-two of the criminal law, advertisers, advertising agents and publishers in violation of the provisions of the state, using advertising for goods or services make a false propaganda, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and concurrently or independently be sentenced to a fine. If there are advertisers, advertising agents or advertisement publishers to use energy efficiency in the advertisement logo make false propaganda on merchandise, if the circumstances are serious, if the case constitutes a crime, shall be in accordance with the provisions of article two hundred and twenty-two of the criminal law, shall be investigated for their criminal responsibility according to law.


Article 86 any state functionary who abuses his power, neglects his duty or engages in malpractice for personal gain in the work of energy conservation shall be investigated for criminal responsibility according to law; Those who do not constitute a crime shall be punished according to law.


In carrying out the duties of energy conservation management, state functionaries shall be faithful to their duties, impartial and incorruptible, enforce the law impartially, and shall not neglect their duties, abuse their power, or engage in malpractices for personal gain. The abuse of power refers to the act of abusing power or exceeding authority by the state staff in violation of the rights and procedures prescribed by law. Dereliction of duty refers to the violation of law and discipline by state functionaries who do not perform or perform correctly or the private affairs of friends and relatives. If a state functionary abuses his power, neglects his duty or engages in malpractice for personal gain in energy conservation work, he shall be investigated for his criminal responsibility and administrative responsibility according to law.


As prescribed in article three hundred and ninety-seven of the criminal law in our country, the national office working personnel abuse their power or neglect their duties, the interests of the public property, country people suffer heavy losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. If a state functionary abuses his power, neglects his duties or engages in malpractices for personal gain in energy conservation, he shall be investigated for criminal responsibility in accordance with the provisions of the criminal law.


State functionaries in energy conservation and management work of dereliction of duty, abuse of authority, practice favoritism, but if the circumstances are obviously minor, harmless, not a crime, shall be in accordance with the provisions of relevant laws, to give the state functionary disciplinary action, including warning, demerit recording and give, demoted, sacked and fired.



Chapter vii supplementary provisions



Article 87 this law shall come into force as of April 1, 2008.


The scope of the law includes three aspects: space effectiveness, effectiveness and time effectiveness. Spatial validity refers to the question of the effectiveness of a law in the scope of space. The validity of a person means the effect of the law on someone. Time effectiveness refers to the question of the time when the law becomes effective and invalid, as well as the question of whether the law has any retrospective effect on the previous events and ACTS. This article provides for the time effectiveness of this law.


The effective date of the law in our country is usually stipulated by the law itself. There are usually two situations: one is effective from the date of the promulgation of the law; The other is that the law does not come into effect immediately after it is published, but only after a period of time. The effective date of this law falls into the second category, which was promulgated on 28 October 2007 and effective as of April 1, 2008.