Measures of Zhejiang Province for The Implementation of The Energy Conservation Law of The People's Republic of China (Revised Version)

2022-01-19 管理员 Read 65

Release date: April 7, 2021 source: Energy Conservation Department of Provincial Energy Bureau


(adopted at the 9th meeting of the Standing Committee of the Ninth People's Congress of Zhejiang Province on December 15, 1998 and revised at the 25th meeting of the Standing Committee of the Eleventh People's Congress of Zhejiang Province on May 25, 2011 according to the 30th meeting of the Standing Committee of the Eleventh People's Congress of Zhejiang Province on December 13, 2011) The decision on Amending six local regulations such as the regulations of Zhejiang Province on urban and rural planning was amended for the first time according to the decision on Amending seven local regulations such as the regulations of Zhejiang Province on the prevention and control of pine wood nematode disease at the 10th meeting of the Standing Committee of the 12th people's Congress of Zhejiang Province on May 28, 2014 According to the decision of the third session of the Standing Committee of Zhejiang Provincial People's Congress on Amending the regulations on water resources of Zhejiang Province on November 26, 2017 Decision on Amending five local regulations including the regulations of Zhejiang Province on the development of new wall materials (Fourth Amendment)


catalogue


Chapter I General Provisions


Chapter II energy conservation management


Chapter III rational use and energy conservation


Chapter IV incentive measures


Chapter V Legal Liability


Chapter VI supplementary provisions


Chapter I General Provisions


Article 1 in order to implement the basic national policy of resource conservation, promote energy conservation in the whole society, improve energy utilization efficiency, reduce greenhouse gas emissions, protect and improve the environment, and promote the construction of ecological civilization and the comprehensive, coordinated and sustainable development of economy and society, in accordance with the provisions of the energy conservation law of the people's Republic of China and other relevant laws and administrative regulations, and in combination with the actual situation of the province, These measures are formulated.


Article 2 These Measures shall be observed when engaging in energy production, conversion, storage and consumption, the development and utilization of energy-saving products and technologies, energy-saving services and energy-saving management within the administrative region of the province.


Article 3 energy conservation work shall follow the principles of giving priority to conservation, government regulation, market guidance and social participation.


Article 4 people's governments at or above the county level shall strengthen their leadership over energy conservation, incorporate energy conservation into national economic and social development plans and annual plans in accordance with the national economic and social development goals of their respective administrative regions, and organize the preparation and implementation of medium and long-term special plans and annual plans for energy conservation.


The people's governments at or above the county level shall, in accordance with the provisions, implement the energy conservation target responsibility system and the energy conservation assessment and evaluation system, and take the completion of the energy conservation target as the content of the assessment and evaluation of the people's governments at lower levels and their responsible persons. People's governments at or above the county level shall report annually on energy conservation to the people's congresses at the corresponding levels or their standing committees.


Article 5 people's governments at or above the county level shall implement industrial policies conducive to promoting energy conservation and consumption reduction and environmental protection, eliminate backward production capacity, restrict the development of industries with high energy consumption and high pollution, encourage the development of energy-saving and environmental protection industries, promote the adjustment of industrial structure, enterprise structure, product structure and energy consumption structure, and promote economic transformation and upgrading.


The people's governments at or above the county level shall encourage and support the R & D, demonstration, popularization and application of energy-saving products, technologies and processes, and promote the innovation of energy-saving science and technology and the transformation of achievements.


Encourage and support the development and utilization of new and renewable energy.


Article 6 people's governments at or above the county level shall incorporate the knowledge of energy conservation into the national education and training system according to law, strengthen the publicity, education and training of energy conservation through energy conservation publicity weeks, energy conservation enterprises, energy conservation communities and newspapers, radio, Internet and other media, popularize the scientific knowledge of energy conservation, enhance the public's awareness of energy conservation and promote energy-saving consumption patterns.


The news media should strengthen publicity and reporting on energy conservation and give play to the role of public opinion guidance and supervision.


Article 7 the administrative departments for energy conservation of the people's governments at or above the county level (hereinafter referred to as the competent departments for energy conservation) shall be responsible for the supervision and administration of energy conservation within their respective administrative areas.


The energy supervision institution subordinate to the competent department of energy conservation shall undertake the specific work of energy conservation supervision in accordance with the prescribed responsibilities.


Other relevant departments shall be responsible for the supervision and administration of energy conservation within the scope of their respective responsibilities and accept the guidance of the competent department of energy conservation at the same level.


Township People's governments and sub district offices shall assist in the supervision and administration of energy conservation within their respective jurisdictions.


Article 8 All units and individuals shall fulfill their obligations of energy conservation according to law and have the right to report acts of energy waste and illegal acts in energy conservation management.


Chapter II energy conservation management


Article 9 The competent energy conservation departments and other relevant departments of the people's governments at or above the county level shall, in accordance with their respective functions and responsibilities, formulate and organize the implementation of energy conservation plans for industry, civil buildings, transportation, public institutions, agriculture and rural areas, strengthen the supervision and inspection of the implementation of energy conservation laws, regulations and standards, and investigate and deal with illegal energy consumption according to law.


Article 10 the competent department of energy conservation shall, in accordance with its prescribed duties, strengthen the supervision of energy conservation and perform the following duties:


(1) Supervise and inspect the implementation of energy-saving laws, regulations, rules and energy-saving standards by energy production, business units and energy users;


(2) Check the energy utilization of key energy consuming units and supervise the implementation of energy-saving measures;


(3) Accept the reports and complaints of illegal acts of energy utilization;


(4) Investigate and deal with illegal acts of energy utilization according to law;


(5) Other supervision work stipulated by laws, regulations and rules.


Article 11 the provincial department in charge of standardization, together with the provincial department in charge of energy conservation and relevant departments, shall formulate local standards for the energy consumption limit per unit product of products with high energy consumption in the production process according to law.


The provincial department in charge of housing and urban rural construction shall formulate local building energy conservation standards that are stricter than national standards or industrial standards according to law.


Enterprises are encouraged to formulate enterprise energy-saving standards that are stricter than national standards, industrial standards or local standards.


Article 12 the statistics departments of the people's governments at or above the county level shall, together with the relevant departments at the same level, establish and improve the energy statistics system, improve the energy statistics index system and statistical methods, strengthen statistical law enforcement, and ensure the authenticity and integrity of energy statistics.


The provincial statistics department, together with the relevant departments at the same level, regularly publishes the information on energy consumption and energy conservation of cities divided into districts and major energy consuming industries to the public.


Article 13 the elimination system of backward energy consuming products, equipment and production processes and the restriction system of high energy consuming industries shall be implemented.


The provincial people's Government shall formulate a guiding catalogue for industrial structure adjustment to control the growth of production capacity in high energy consuming industries. People's governments at or above the county level shall, in accordance with the Guiding Catalogue for industrial restructuring, speed up the elimination of backward energy consuming products, equipment and production processes that consume too much energy.


In areas that fail to achieve the goal of energy conservation or the task of eliminating backward production capacity, the relevant competent investment departments shall suspend the approval or approval of high energy consuming industry projects with new energy consumption according to their administrative authority.


Article 14 a system of energy conservation evaluation and examination of fixed asset investment projects shall be implemented. Government invested projects shall pass the energy conservation examination before submitting the feasibility study report; An enterprise's investment project shall pass the energy conservation examination before starting construction. However, except for projects that are not subject to separate energy-saving review according to national regulations.


Article 15 for fixed asset investment projects that should be subject to energy conservation examination according to law, the construction unit shall submit an energy conservation report to the competent department for energy conservation examination. The competent department in charge of energy conservation examination shall put forward opinions on energy conservation examination within 15 working days after receiving the energy conservation report.


The energy conservation report may be prepared by relevant institutions entrusted by the construction unit; If the construction unit meets the conditions, it may also compile it by itself. The preparation unit of the energy conservation report shall be responsible for the authenticity and effectiveness of the energy conservation report. The competent department for energy conservation examination shall not require the construction unit to entrust specific institutions to provide services in any form, and shall not charge the construction unit for energy conservation examination.


The specific content and format of the energy conservation report shall be stipulated by the provincial competent department of energy conservation in conjunction with relevant departments.


Article 16 the examination of energy conservation of fixed asset investment projects shall be carried out at different levels in accordance with the relevant provisions of the state and the province.


Article 17 all kinds of development zones (parks) and other areas specified by laws and regulations may implement a regional evaluation system for the energy conservation review of fixed asset investment projects as needed.


A specific area implementing the regional energy conservation evaluation system shall formulate a negative list of energy conservation review of fixed asset investment projects according to law.


For the fixed asset investment projects that have implemented regional energy conservation assessment and are not on the negative list, the notification and commitment system of administrative license can be implemented in accordance with the relevant provisions of the state and province. The fixed asset investment projects in the negative list shall be subject to energy conservation review in accordance with the relevant provisions of the state and province.


Article 18 a fixed asset investment project under any of the following circumstances shall not pass the energy conservation examination:


(1) Using energy consuming products, equipment and production processes that have been explicitly eliminated by the state and the province;


(2) Energy consuming products and equipment do not meet the mandatory energy efficiency standards;


(3) The energy consumption per unit product exceeds the national, industrial or local quota standards;


(4) Failing to comply with other national and provincial regulations on energy conservation.


Article 19 after a fixed asset investment project other than a civil building that needs energy conservation examination is completed, the construction unit shall organize energy conservation acceptance. Those who have not passed or failed the acceptance of energy conservation shall not be put into production or use.


The competent department in charge of energy conservation examination shall supervise and inspect the acceptance of energy conservation and the implementation of energy conservation examination opinions of the project.


Article 20 the examination and acceptance of energy conservation of civil buildings shall be carried out in accordance with the relevant provisions of the regulations of Zhejiang Province on green buildings.


Article 21 people's governments at or above the county level shall encourage and support colleges and universities, scientific research institutes and qualified enterprises and institutions to participate in the construction and development of energy conservation service system and form an open energy conservation service market system.


Energy conservation service institutions shall provide consulting, design, evaluation, testing, audit, certification and other services to energy users, be objective, fair, honest and trustworthy, and keep the business secrets of energy users.


Chapter III rational use and energy conservation


Article 22 energy consuming units shall establish and improve the statistical system of energy consumption and the original accounts of various energy consumption and main energy consuming equipment, ensure that the statistical data of energy consumption of their own units are true, accurate and complete, and submit relevant energy statistical statements to the statistical department in accordance with the requirements of the regulations.


Article 23 energy consuming units are encouraged to adopt high-efficiency and energy-saving motors, boilers, kilns, fans, pumps and other equipment, and adopt technologies such as cogeneration, distributed energy, waste heat and pressure utilization, clean coal and advanced energy consumption monitoring and control.


Article 24 power grid enterprises shall, in accordance with the relevant provisions of the state and provincial energy-saving power generation dispatching management, give priority to the grid connected operation of generating units that use clean energy, renewable energy, cogeneration and waste heat and residual pressure, as well as other generating units that meet the provisions on comprehensive utilization of resources.


Article 25 cities and towns and development zones (parks) where conditions permit shall implement centralized and unified heat supply and heat, electricity and Cooling Cogeneration within the specified reasonable economic heat supply scope and in accordance with relevant plans. The production and supply unit of central heating shall provide safe and stable heating for users in accordance with the provisions of laws, regulations and supply and demand contracts.


Except for special process requirements, production and living heating boilers shall not be built in areas where centralized and unified heating has been implemented; For the built production and living heating boilers, the competent department of energy conservation shall order them to stop using within a time limit after making compensation according to law. If they do not stop using within the time limit, the competent department of energy conservation shall apply to the people's court for compulsory shutdown or demolition.


Article 26 encourage the application of renewable energy such as solar energy, geothermal energy and biogas in civil buildings.


New public institution office buildings, indemnificatory housing, residential buildings with less than 12 floors and public buildings with a construction area of more than 10000 square meters shall use more than one kind of renewable energy for heating, refrigeration, lighting and hot water supply in accordance with the national and provincial standards. The design and construction of renewable energy facilities shall be synchronized with the main construction.


Article 27 people's governments at or above the county level and their relevant departments shall strengthen the management of urban power conservation, promote the use of energy-saving lighting products and energy-saving control technologies, and strictly control the power consumption of public facilities and places such as roads, squares, parks and public green spaces, as well as decorative landscape lighting of large buildings.


Article 28 The competent department of transportation of the people's government at or above the county level shall strengthen the supervision and administration of the detection of fuel consumption of operating vehicles and ships, and implement the access system of fuel consumption limits of operating vehicles and ships according to law; Strengthen the organization and management of transportation, improve the level of transportation organization and intensification, guide transportation enterprises to improve energy efficiency, and speed up the elimination and renewal of old operating vehicles and ships with high energy consumption.


Article 29 transportation units shall formulate and implement energy-saving plans and measures, establish and improve energy-saving management systems, timely adjust production plans according to the changes of transportation volume, transportation capacity, construction operations and other factors in the production process, and improve the utilization efficiency of transportation energy consuming equipment.


Article 30 people's governments at or above the county level shall give priority to the development of public transport, increase investment in public transport, scientifically plan and adjust the layout of public transport lines, optimize the urban road network system, improve the public transport service system, and encourage the use of public transport; Encourage the use of non motorized means of transportation.


Encourage the development of car service system in primary and secondary schools.


Article 31 public institutions shall abide by the energy conservation regulations of relevant national and provincial public institutions, organize the implementation of energy consumption statistics, energy audit, energy efficiency publicity, energy conservation transformation of existing office buildings, implement the energy consumption quota management system, practice strict economy and eliminate waste.


Article 32 public institutions shall make full use of modern means such as teleconference to improve efficiency and reduce traffic travel.


Article 33 people's governments at or above the county level shall strengthen capital investment in agriculture and rural energy conservation, support and promote the application of energy-saving technologies and products in agricultural production, processing, storage and transportation of agricultural products.


People's governments at or above the county level shall formulate specific policies to encourage and guide rural residents to adopt energy-saving building materials and renewable energy utilization technologies such as biomass energy, solar energy, hydropower, wind energy and geothermal energy, and promote the use of energy-saving technologies and energy-saving products in rural life such as biogas, firewood stoves, energy-saving stoves and energy-saving lamps.


Establish a compensation system for the early renewal and elimination of high energy consuming agricultural machinery and fishing vessels. The specific compensation measures shall be formulated by the provincial financial department in conjunction with the provincial department in charge of agriculture and rural areas.


Article 34 The competent department of energy conservation shall strengthen the administration of energy conservation in key energy consuming units.


Energy consuming units with a total annual comprehensive energy consumption of more than 5000 tons of standard coal are key energy consuming units. The list of key energy users shall be regularly announced to the public by the provincial energy conservation department in conjunction with the provincial statistics department.


For energy consuming units with a total annual comprehensive energy consumption of more than 1000 tons but less than 5000 tons of standard coal, the competent energy conservation departments of cities and counties (cities and districts) divided into districts may implement key management according to local conditions.


Article 35 key energy consuming units shall set up energy management posts, appoint persons in charge of energy management, and determine energy management personnel, which shall be reported to the competent department of energy conservation at the same level for the record.


The person in charge of energy management and energy management personnel shall receive professional training in energy conservation.


Article 36 key energy users shall regularly submit energy utilization reports to the competent department of energy conservation according to the classification of total energy consumption, and shall be responsible for the authenticity of the submitted energy utilization reports.


The report on energy utilization includes energy consumption, energy utilization efficiency, completion of energy-saving objectives, energy-saving benefit analysis, energy-saving measures, etc.


Article 37 The competent department of energy conservation of the people's government at or above the county level shall examine the reports on the energy utilization of key energy consuming units; Report on energy utilization