Regulations of Jiangsu Province on Conserving Energy

 2018-05-25  63


Regulations of Jiangsu Province on Conserving Energy


· Document Number:Announcement No. 73 of the Standing Committee of the Eleventh People's Congress of Jiangsu Province

· Area of Law: Energy Resources

· Level of Authority: Provincial Local Regulations

· Date issued:11-19-2010

· Status: Effective

· Issuing Authority: Jiangsu Province

 


Announcement of the Standing Committee of the Eleventh People's Congress of Jiangsu Province
(No. 73)
The Regulations of Jiangsu Province on Conserving Energy, amended and adopted at the Eighteenth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on November 19, 2010, are hereby promulgated and shall enter into effect as of February 1, 2011.
November 19, 2010
Regulations of Jiangsu Province on Conserving Energy

(Adopted at the seventeenth meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on June 30, 2000; first amended in accordance with the Decision on Amendment of the Regulations of Jiangsu Province on Conserving Energy adopted at the twenty-ninth meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on April 24, 2002; amended for the second time in accordance with the Decision on Amendment of the Regulations of Jiangsu Province on Conserving Energy adopted at the eleventh meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on August 20, 2004; revised at the eighteenth meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on November 19, 2010.)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Conserving Energy and other laws and administrative regulations, in light of the specific situation of this Province, to promote energy conservation by all sectors of the society, utilize energy in a rational and effective manner, protect and improve the environment, and promote the overall balanced and sustainable economic and social development.
Article 2 These Regulations shall apply to the development, processing, conversion, utilization, and management of energy and other related activities within the administrative region of this Province.
Article 3 Energy conservation shall be practiced in accordance with the principle of "guidance by the government, regulation through the market, optimization of the structure, promotion through technology and participation of the public".
Article 4 The administrative authority for economy and information technology of the local people's governments at or above the county level is the competent department in charge of energy conservation, and is responsible for the supervision over and administration of energy conservation within its administrative region.
The relevant departments under the local people's governments at or above the county level shall, within the scope of their respective functions and duties, exercise supervision over and administration of energy conservation under the guidance of the competent department in charge of energy conservation at the same level.
Article 5 This Province applies a system of responsibility for achieving the goals set for energy conservation and a system for assessing energy conservation, and shall include in the assessment of the local people's governments at all levels and the leading persons their achievements in energy conservation.
The local people's governments at or above the county level shall report to the people's government at the next higher level on the performance of its responsibilities in respect of the goals for energy conservation annually and report to the people's congress or its standing committee at the same level the annual work concerning energy conservation.
Article 6 The local people's governments at or above the county level and its relevant departments shall encourage the research and development of new technology in energy exploitation and conservation, makes greater efforts to disseminate knowledge about energy conservation and educate people in this respect, include such knowledge in the system of national education and training, spread the scientific knowledge, technology and skills about energy conservation among all the people so as to enhance their awareness of the need, and advocate and promote an economical pattern of consumption.
Chapter II Administration of Energy Conservation
Article 7 The local people's governments at or above the county level shall strengthen leadership in energy conservation, making plans for, coordinating, supervising, inspecting and promoting the work of energy conservation to promote the development of the regional economy and society in an energy-efficient manner.
Article 8 The local people's governments at or above the county level shall incorporate energy conservation in their plans for national economic and social development and their annual plans, and organize the drawing up and implementation of long- and medium-term special programs for energy conservation and annual plans for the same. The special programs and annual plans shall be reported to the competent department of the people's government at the next higher level for the record.
The relevant administrative department under the local people's governments at or above the county level shall, together with the competent department in charge of energy conservation at the same level, formulate and execute special programs and annual plans of energy conservation for key areas in accordance with the provincial special energy conservation program.
Article 9 The local people's governments at or above the county level shall protect the rational development and utilization of energy resources, make scientific planning for the development of energy programs, optimize the structure of energy consumption, encourage and support the exploitation and utilization of clean energy such as natural gas, clean coal, and countryside methane and renewable energy like solar energy and wind energy, and enhance the comprehensive development and utilization of biomass energy like crop stalks and combustible wastes.
Article 10 The people's government of the Province shall formulate a guideline for industrial restructuring to control the growth of high-energy consuming industry. In conformity with the guideline, the local people's governments at or above the county level shall accelerate the elimination of energy-using products, equipment and techniques that are highly energy-consuming.
Article 11 The administrative department in charge of energy conservation under the people's government of the Province shall, together with relevant departments, set quotas for energy consumption norms per unit product for the products for the manufacture of which excessive quantities of energy are consumed in the province.
The administrative department in charge of energy conservation under the people's government of counties and cities divided into districts may, together with relevant departments, set quotas for energy consumption norms per unit product for the main products of the region, guide and promote the conservation of energy for energy-using units.
Article 12 The administrative department for standardization under the people's government of the Province shall, together with the administrative department in charge of energy conservation and other relevant departments, organize the formulation of the energy efficiency standards for energy-using products and equipment and the local quotas for energy consumption per unit product for products which consume excessive amounts of energy in the course of production.
Enterprises are encouraged to formulate their own energy conservation standards which are stricter than the State standards, industrial standards or local standards.
Article 13 The administrative department for measurement under the local people's governments at or above the county level shall enhance its examination of and supervision over the energy measuring instruments and energy-consuming measurement of energy-using units, establish and improve a system of supervision and verification of energy measurement statistics.
Article 14 The statistics department under the local people's governments at or above the county level shall, together with the relevant departments, establish and improve an information management system for energy statistics, upgrade the statistical analysis of energy consumption and utilization, and publicize regularly the energy consumption and conservation of the major energy-consuming trades and professions so as to raise the utilization rate of energy information.
Article 15 A system of energy conservation assessment and review is implemented on fixed assets projects for investment and the provincial people's government shall formulate specific measures for implementation.
Fixed assets projects for investment subject to energy conservation assessment and review shall be appraised and reviewed in terms of energy conservation in accordance with the regulations promulgated by the State and the Province. Organs authorized with the power of examining and approving projects according to law shall not approve the construction of projects which fail to meet the mandatory energy conservation standards. The construction unit shall not launch the project. Where the project has been finished, it shall not be put into operation or use.
The designing institute and construction unit shall conform to the rational energy-using standards and energy conservation designing code and shall not use the energy-using products, equipment or production techniques which the State has eliminated by official order or which fail to conform to the mandatory energy efficiency standards.
Article 16 The administrative department in charge of energy conservation and relevant departments under the local people's governments at or above the county level shall, within the scope of their functions and responsibilities respectively, strengthen their supervision and inspection on the implementation of energy conservation-related laws, regulations, rules and standards, investigate into and deal with illegal use of energy in accordance with the law. The supervisory organ set up by the administrative department in charge of energy conservation under the local people's governments at or above the county level is responsible for the daily work of energy conservation supervision and inspection.
The units under supervision and inspection shall not reject such work. The supervisory organ shall not charge fees to any unit or individual under administration and supervision. and the expenses arising from performing such duties shall be incorporated in the fiscal budget at the corresponding level.
Article 17 The administrative department for economy and information technology under the local people's governments at or above the county level is in charge of the supervision and administration of industrial energy conservation and shall, together with the relevant departments, organize the implementation of policies concerning industrial energy conservation technology, enhance the optimization of industrial restructuring, and boost the energy conservation technical innovation of the enterprises.
Article 18 The administrative department for economy and information technology under the local people's governments at or above the county level shall encourage and support the industrial enterprises to make use of highly efficient energy-using equipment and advanced technology in energy monitoring, controlling and comprehensive exploitation, promote the energy conservation assessment and supervision on eliminating outdated production facilities and conducting management of energy consumption norms.
Article 19 The administrative department in charge of construction under the local people's governments at or above the county level shall be responsible for the administration of and supervision over energy conservation in construction, and promote the energy conservation in new buildings, the application of renewable energy in construction, the energy conservation renovation in existing buildings, and the energy conservation management in energy-using construction system, etc.
Article 20 The administrative department in charge of construction under the local people's governments at or above the county level shall fully implement the State and provincial standards for energy conservation in construction, organize the statistical investigation, evaluation and analysis, monitoring and public notice of energy consumption in construction, enhance the assessment and labeling of constructional energy efficiency, and conduct the management of quotas of energy consumption in construction.
Article 21 The administrative department in charge of transportation under the local people's governments at or above the county level shall be responsible for administration of and supervision over energy conservation in transportation, improve organization and administration of transportation, promote the optimization of the structure and capacity of transportation, give guidance to the transportation enterprises in enhancing their norm administration for fuel consumed by vehicles and vessels, and improving organized and intensive transportation, and organize the statistics collecting, monitoring and assessment of fuel consumption by the major transportation enterprises.
Article 22 The administrative department in charge of transportation under the local people's governments at or above the county level shall establish and implement a fuel-consumption access system for vehicles and vessels used for transportation business, strengthen administration of and supervision over the monitoring of vehicles and vessels used for transportation business with respect to their fuel consumption in accordance with the relevant national standards, accelerate the replacement and elimination of old or outdated highly energy-consuming vehicles and vessels used for transportation, and spread the application of energy-conserving and environment-friendly transportation equipment.
Article 23 The offices administering the affairs of the departments of the local people's governments at or above the county level shall be responsible for administration of and supervision over energy conservation of the public institutions at the corresponding levels, execute the regulations and standards of energy conservation prescribed by the State and the Province for public institutions, and organize the implementation of energy conservation administration such as the collecting of energy consumption statistics, auditing of energy consumption, publicizing of energy efficiency and the renovation of the energy-saving facilities of the existing building.
The offices administering the affairs of the departments of the provincial people's government and the people's governments of cities divided into districts shall, under the guidance of the competent department in charge of energy conservation at the same level, be responsible for the guidance and supervision over the energy conservation administration of the public institutions of the people's governments at the next lower level. The administrative departments in charge of education, science and technology, culture, health care, and sports shall, under the guidance of the office administering the affairs of the departments of the corresponding level, carry out the work concerning energy conservation by the public institutions under their own administration.
Article 24 The offices administering the affairs of the departments of the local people's governments at or above the county level shall, together with the relevant departments, formulate programs for energy conservation, quotas of energy consumption, and measures for assessment of energy conservation and publication of energy efficiency by the public institutions under the same government, and establish and improve the monitoring network of energy consumption to conduct real-time monitoring over the energy consumption by the public institutions under the same government.
Chapter III Rational Use of Energy
Article 25 The local people's governments at or above the county level shall optimize the pattern of energy consumption and enterprise layout, push forward the readjustment of the industrial structure to help save energy, guide and encourage the development of circular economy and green economy, and strictly restrict the investment projects which consume excessive quantities of energy.
Article 26 The local people's governments at or above the county level shall make an urban heating power planning, spread the practice of combined heat and power generation, and central heating and central cooling, raise the utilization rate of thermal power generating units, encourage the development of technology in the cascade utilization of thermal power, and the development of co-generation technology of heating, electricity and cooling and co-supply technology of heat, electricity and gas, so as to raise the overall thermal energy efficiency.
Central heating shall be adopted in new development zones and residential quarters, towns and cities where conditions permit. No new boilers are to be built and scattered over the central heated areas unless there is a special need for research or production, which has been approved by the administrative department in charge of energy conservation and environment protection. The existing boilers in the areas shall be eliminated within a time limit.
The central heated units shall ensure the safe and sound supply of heat in accordance with the laws, regulations and contract terms.
Article 27 The generation of power and heat through the use of residual heat and pressure, garbage, crop stalks and wastes with low caloric value is encouraged and the electricity thus generated, when it meets the requirements of being connected to the power grid, shall be subscribed preferentially by power grid enterprises in conformity with the relevant regulations of the State and the Province.
Article 28 The development of industries and products with high added value and low energy consumption shall be encouraged and supported.
Industries like casting, forging, electroplating, and heat treatment which consume excessive quantities of energy or discharges excessive quantities of pollutants shall be encouraged and guided to implement specialized production, speed up structural readjustment and technological innovation, and reduce energy consumption.
Article 29 Energy-using units shall establish and improve an energy management system, set up a responsibility system for energy conservation, strengthen the scientific management, prefer clean and renewable energy to other forms of energy, introduce new energy-efficient technologies and techniques, and accelerate the elimination of old or outdated equipment which are highly energy-consuming.
Article 30 Energy-using units shall establish and perfect a system for the data collection, monitoring and management of energy measurement and, in accordance with the relevant regulations of the State and the Province, equip themselves with appropriate energy measuring instruments and necessary testing equipment to conduct regular technological and economical analyses of the major energy-using equipment and energy utilization in their own unit.
Article 31 Both energy production and distribution units and energy-using units shall adopt such general and specialized energy-efficient technologies as computer control, motor speed adjustment, and energy-saving lighting, which are mature and profitable, to raise energy efficiency.
Article 32 On the premise that adequate services will be guaranteed, service industry shall choose to use products or provide services and programs featuring high energy efficiency and low energy consumption, and strengthen the administration of the operation and maintenance of energy-consuming equipment.
Article 33 The administrative department in charge of energy conservation shall enhance the administration of the key energy-using units with respect to energy conservation.
The energy-using units whose annual overall consumption of energy totaling 3,000 tons and more but less than 5,000 tons of standard coal may be administered with reference to the key energy-using units in the light of actual conditions.
Article 34 A key energy-using unit shall regularly submit a report on the energy utilized in the preceding year to the department in charge of energy conservation in accordance with the relevant regulations of the State and the Province. The report shall include information on energy consumption, energy efficiency, energy consumption index of major products, achievement of the goal for energy conservation, analysis of the results of energy conservation, measures taken for energy conservation, etc.
Article 35 A key energy-using unit shall formulate its own program for energy conservation and annual plan for the same and submit it to the department in charge of energy conservation as required.
A key energy-using unit shall, in accordance with the regulations of the State and on a regular basis, have its energy consumption audited and make rectification to the problems found in the auditing.
Article 36 The units manufacturing products of high energy consumption shall follow the energy consumption norms per unit product as prescribed by the State and the Province. The key energy-using units shall, in conformity with their quotas of energy consumption, perfect the administration system pertaining to energy consumption norms and enhance the internal assessment and cost control of energy consumption.
Article 37 A key energy-using unit shall strengthen its efforts in the development and wide application of new energy-efficient technologies, techniques, equipment and materials, eliminate highly energy-consuming outdated technologies, techniques, and equipment, and readjust the structure of its products, techniques and energy consumption to help optimize the production techniques and upgrade the product mix of the enterprise.
A key energy-using unit shall allocate a certain amount of funds annually for technical innovation for the energy conservation.
Article 38 A key energy-using unit shall disseminate knowledge about energy conservation on a regular basis and organize the personnel of energy auditing, statistics, management and energy-consuming equipment operation in vocational study and training.
A key energy-using unit shall establish positions for energy control, appoint to such positions persons to be responsible for energy control, and submit the appointments to the department in charge of energy conservation and the relevant departments for the record. The persons responsible for energy control in the key energy-using units shall receive vocational training given by the department in charge of energy conservation.
Article 39 Energy-using units and individuals shall fulfill their obligation to conserve energy and shall not:
(1)manufacture, import, distribute, or transfer the energy-using products or equipment which the State has eliminated by official order or which fail to conform to the mandatory energy efficiency standards;
(2)use the energy-using equipment or production techniques which the State has eliminated by official order;
(3)use energy in excess of the norm set for energy consumption per unit product;
(4)provide and use gratis such energy as electricity, coal gas, natural gas, coal and heat, or charge a fixed lump sum on the energy consumed per month.
Chapter IV Technological Advances in Energy Conservation and Incentive Measures
Article 40 The local people's governments at or above the county level shall, in the light of actual conditions of the region, define their emphasis and direction of energy conservation and incorporate the research, development and wide application of energy-saving technologies into the plans of the government for the industrialization of science and high and new technology.
Article 41 The department in charge of science and technology under the people's government of the Province shall, in conjunction with the department in charge of energy conservation, organize the research and development of key energy-saving technologies and the extension of industrialization projects in conformity with the outlines for the policies on technologies for energy conservation published by the State and in the light of actual conditions of the Province.
The department in charge of energy conservation under the people's government of the Province shall, in conjunction with relevant departments, be responsible for organizing demonstration for energy conservation demonstration projects and construction of key energy conservation projects and guiding the wide application of energy-saving technologies.
Article 42 The department in charge of energy conservation under the people's government of the Province shall, in conjunction with relevant departments and in accordance with the catalogue of energy-saving technologies and products for popularization issued by the State, compile and publish a catalogue of energy-saving technologies and products for popularization, guide the energy consumers in adopting advanced energy-saving technologies and products.
Article 43 The Province encourages and supports the development of energy-saving services and the establishment of an energy-saving service system so as to increase the innovative ability in science and technology and improve the services.
Energy-saving services are encouraged to adopt contracted control of energy and provide such services as consultation, assessment, monitoring, designing, operation and management for the energy-saving renovation of equipment and technology as entrusted.
Energy-saving services shall provide relevant statistics and analysis with respect to the energy consumption of energy-using units in an objective and just manner.
Article 44 The local people's governments at or above the county level shall allocate special funds for energy conservation to finance the demonstration and popularization of energy conservation technologies and products, the construction of key energy conservation projects, the voluntary agreement system on energy conservation, the contracted control of energy, the dissemination of and training in the knowledge of energy conservation and provision of information and commendation and rewarding of achievements in this respect.
Article 45 Through government subsidies, the Province supports the manufacture and use of energy-saving technologies and products as listed in the catalogue for popularization, which conforms to the policy of fiscal subsidies.
The Province applies supportive policies such as preferable tax policies to support the introduction of advanced energy-saving technologies and equipment.
Article 46 The local people's governments at or above the county level shall allocate part of the scientific and technological funds for the research and development of energy-saving technologies.
Support in the form of loans, credits, taxation and fees shall, according to law, be given to the key energy-saving projects with technological advances as defined by the State and the Province.
Article 47 The people's government of the Province shall adopt the pricing and charging policies, which are advantageous to energy conservation as a means of guide to energy consumers in their conservation of energy.
The pricing policy of differential rates shall be implemented among the enterprises of major energy-consuming industries.
Article 48 The energy-using units shall allocate a certain amount of funds for the rewarding of achievements in energy conservation in their own unit. The rewarding funds may be withdrawn from the money saved from energy conservation and charged to the production costs according to law.
Chapter V Legal Liabilities
Article 49 The designing or construction units which, in violation of Article 15, paragraph 3 of these Regulations, use the energy-using products or equipment which the State has eliminated by official order or which fail to conform to the mandatory energy efficiency standards, shall be ordered to rectify and be fines not less than RMB 10,000 yuan but not more than 30,000 yuan.
Article 50 Any unit under supervision and inspection which, in violation of Article 16, paragraph 2 of these Regulations, refuses or retards supervision and inspection, shall be ordered to rectify within a time limit by the department in charge of energy conservation; where any violation of the Law of the PRC on Administrative Penalties for Public Security has occurred, it shall be dealt with by the public security organ according to law.
Article 51 Where a unit or individual, in violation of Article 39, paragraph 1 of these Regulations, transfers the energy-using products or equipment which the State has eliminated by official order, the department in charge of energy conservation shall impose on it a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Article 52 Where an energy-saving service agency, in violation of Article 43, paragraph 3 of these Regulations, provides false information and analysis reports, the department in charge of energy conservation shall order it to rectify and confiscate its unlawful gains and shall, in addition, impose on it a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Article 53 Where a State functionary abuses his power, neglects his duty or engages in malpractices for personal gain in administration of energy conservation, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; if the case is not serious enough to constitute a crime, he shall be given an administrative sanction in accordance with law.
Chapter VI Supplementary Provisions
Article 54 These regulations shall go into force as of February 1, 2011.