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 &n bsp; 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 (hereinafter referred to as the energy supervision institution) subordinate to the competent department of energy conservation is specifically responsible for the supervision of energy conservation within its administrative region.
The departments of development and reform, construction, transportation, government affairs management, finance, statistics, quality and technical supervision, environmental protection, agriculture, marine and fishery, science and technology and other departments shall be responsible for the supervision and administration of energy conservation within their respective functions and responsibilities, and accept the guidance of the competent Department of energy conservation at the same level.
Township (town) 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 2 &n bsp; Energy saving management
Article 9 The competent departments of energy conservation at or above the county level and the relevant departments of construction, transportation, organ affairs management and rural energy management shall, in accordance with their respective responsibilities, formulate and organize the implementation of energy conservation plans for industry, civil buildings, transportation, public institutions, agriculture and rural areas, and strengthen the supervision and inspection of the implementation of energy conservation laws, regulations and standards, Investigate and deal with illegal energy use according to law.
Article 10 energy supervision institutions shall, in accordance with their prescribed duties, strengthen energy conservation supervision 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 construction department 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 statistical departments at or above the county level shall, together with the relevant departments at the same level, establish and improve the energy statistical system, improve the energy statistical index system and statistical methods, strengthen statistical law enforcement, and ensure the authenticity and integrity of energy statistical data.
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. For projects that have not been examined for energy conservation according to law or have not passed the examination for energy conservation, the Department responsible for project examination and approval according to law shall not approve or approve the construction; The construction unit shall not start construction; Those that have been completed may not be put into production or use.
Article 15 the energy conservation assessment of fixed asset investment projects (including new construction, reconstruction and expansion projects, the same below) shall be subject to classified management according to the total comprehensive energy consumption in the design year of the project:
(1) For fixed asset investment projects with a total annual comprehensive energy consumption of more than 3000 tons of standard coal (the power conversion coefficient is based on the equal value, the same below), a separate energy conservation evaluation report shall be prepared;
(2) For fixed asset investment projects with a total annual energy consumption of more than 1000 tons of standard coal but less than 3000 tons of standard coal, a separate energy conservation evaluation report shall be prepared;
(3) For fixed asset investment projects with a total annual comprehensive energy consumption of less than 1000 tons of standard coal, an energy conservation registration form shall be filled in.
The specific contents and formats of the energy conservation assessment report, energy conservation assessment report form and energy conservation registration form shall be stipulated by the provincial competent department of energy conservation in conjunction with relevant departments.
The construction unit shall entrust qualified institutions to prepare energy conservation evaluation reports and energy conservation evaluation report forms (hereinafter referred to as energy conservation evaluation documents). The construction unit and the preparation organization and appraisers of the energy-saving evaluation documents are jointly responsible for the authenticity and effectiveness of the energy-saving evaluation documents. The construction unit may fill in the energy conservation registration form by itself.
Article 16 the examination of energy conservation of fixed asset investment projects shall be carried out at different levels.
For fixed asset investment projects with an annual total energy consumption of more than 5000 tons of standard coal, the provincial competent department of energy conservation and construction shall be responsible for the examination of energy conservation within the scope of their respective responsibilities.
For fixed asset investment projects with an annual total energy consumption of more than 1000 tons of standard coal but less than 5000 tons of standard coal, the competent energy conservation and construction departments of cities and counties (cities and districts) divided into districts shall be responsible for energy conservation examination within their respective functions and responsibilities according to their authority, and the specific authority shall be determined by the people's Government of cities divided into districts.
Article 17 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 18 when submitting the design scheme of a construction project to the competent department of urban and rural planning, the construction unit of a civil building shall attach the energy conservation evaluation document or energy conservation registration form of the construction project.
The competent department of urban and rural planning shall solicit the opinions of the competent department of construction for the design scheme of construction projects (including energy-saving evaluation documents and energy-saving registration form). The competent construction department shall, within 10 working days from the date of receiving the design scheme of the construction project, put forward examination opinions on whether it meets the national, industrial and local mandatory standards for building energy conservation. The energy conservation review time of the competent construction department shall not be counted within the planning permit period.
For civil construction projects that need to be approved or approved by the state, the competent construction department shall put forward energy-saving examination opinions in conjunction with the development and reform department.
Article 19 for fixed asset investment projects other than civil buildings, the construction unit shall submit the energy conservation evaluation documents to the competent energy conservation department for examination or submit the energy conservation registration form to the competent energy conservation department for filing before going through the project approval, approval or filing.
The competent department of energy conservation shall, within 15 working days from the date of receiving the energy conservation assessment report and 10 working days from the date of receiving the energy conservation assessment report, put forward the examination opinions on energy conservation. Among them, for fixed asset investment projects that need to be approved or approved by the state according to law, the competent department of energy conservation shall put forward energy conservation examination opinions in conjunction with the development and reform department.
Article 20 after the civil buildings that need to prepare energy-saving evaluation documents according to Article 15 of these measures are completed, the construction unit shall evaluate the energy efficiency of the buildings when organizing the completion acceptance; If the evaluation results of building energy efficiency are unqualified, it shall not pass the completion acceptance. The completion acceptance report shall include the results of energy efficiency evaluation.
After the completion of a fixed asset investment project other than a civil building that needs to prepare energy-saving evaluation documents, the construction unit shall apply to the competent department of energy conservation for energy-saving acceptance. The competent department of energy conservation shall organize the acceptance of energy conservation within 10 working days from the date of accepting the application. Those who have not passed or failed the acceptance of energy conservation shall not be put into production or use.
Article 21 an institution engaged in energy conservation evaluation of fixed asset investment projects shall meet the following conditions:
(1) Obtain the legal person status of the people's Republic of China;
(2) Having corresponding engineering consulting and design qualifications or engaged in professional energy-saving services for more than two years;
(3) There are more than ten professional and technical personnel related to energy conservation assessment business, of which no less than three have senior professional and technical titles. Professional and technical personnel shall not practice in more than two energy conservation assessment institutions at the same time;
(4) There is a sound energy conservation assessment management system and information confidentiality system.
An energy conservation assessment institution shall, according to the scope of assessment business, submit the name of the institution and the corresponding supporting materials specified in the preceding paragraph to the provincial department in charge of energy conservation and construction for the record; If an energy conservation evaluation institution meets the conditions specified in the preceding paragraph, the provincial department in charge of energy conservation and construction shall put on record within five working days from the date of receiving the filing materials.
The energy-saving evaluation documents prepared by an energy-saving evaluation institution that has not been filed cannot be used as the basis for energy-saving examination.
The list of energy conservation assessment institutions shall be announced to the public by the provincial department in charge of energy conservation and construction.
Article 22 The competent department in charge of energy conservation examination shall not appoint or designate in any form the energy conservation evaluation institution of fixed asset investment projects, and shall not charge the construction unit for energy conservation examination.
Article 23 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 24 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 25 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 residual pressure utilization, clean coal and advanced energy consumption monitoring and control.
Article 26 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, waste heat and residual pressure, as well as other generating units that meet the provisions on comprehensive utilization of resources.
Article 27 cities and towns, industrial parks and economic and technological development zones with conditions shall implement centralized and unified heating and cogeneration of heat, electricity and cooling within the specified reasonable economic heating range 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 28 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 29 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 30 the competent transportation departments at or above the county level shall strengthen the supervision and administration of the detection of fuel consumption of operating vehicles and vessels, and implement the access system of fuel consumption limits of operating vehicles and vessels 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 31 transportation units shall formulate and implement energy-saving plans and measures, establish and improve energy-saving management systems, timely adjust production plans according to changes in transportation volume, capacity, construction operations and other factors in the production process, and improve the utilization efficiency of transportation energy consuming equipment.
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