"People's Republic of China Renewable Energy Law"
People's Republic of China by the Standing Committee of the Tenth National People's Congress at the fourteenth meeting of February 28, 2005, is hereby promulgated and shall be from January 1, 2006.
Chairman of the People's Republic of China Hu Jintao
February 28, 2005
People's Republic of China Renewable Energy Law
(By the fourteenth meeting of the Standing Committee of the Tenth National People's Congress, February 28, 2005)
Table of Contents
Chapter I General Provisions
Chapter II Resources Survey and Development Plan
Chapter III of industry guidance and technical support
Promotion and application of Chapter IV
Chapter V price management and cost-sharing
Chapter VI of economic incentives and monitoring measures
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Provisions
In order to promote the development and utilization of renewable energy, increasing energy supply, improving the energy structure, ensuring energy security, protect the environment and achieve sustainable economic and social development, this law is enacted.
The second article of this Law, renewable energy, is the wind, solar, hydro, biomass, geothermal, ocean energy and other non-fossil energy sources.
Hydroelectric applicable law by the energy department under the State Council, approved by the State Council.
Inefficient stoves by direct combustion of straw, firewood, dung and other Law shall not apply.
Article III of this Act and applicable to other sea areas under the jurisdiction of the People's Republic of China.
Article country will develop the use of renewable energy sources as a priority area for energy development, to take appropriate measures through the development of renewable energy development and utilization of the total goals and to promote the establishment and development of the renewable energy market.
The State shall encourage all economic sectors to participate in the main body of the development and utilization of renewable energy, protect the legitimate rights and interests of renewable energy development and utilization in accordance with law.
Article energy department of the State Council of the national renewable energy development and utilization of unified management. State Council departments within their respective functions and duties related to renewable energy development and utilization management.
Local people's governments above the county level management of the energy sector is responsible for the work of the administrative area of renewable energy development and utilization management. Local people's governments above the county level in their respective areas of responsibility responsible for the development and utilization of renewable energy management.
Chapter II Resources Survey and Development Plan
Article energy department of the State Council is responsible for organizing and coordinating the national survey of renewable energy resources, and relevant departments under the State Council to develop technical specifications resource surveys.
State Council departments within their respective areas of responsibility in charge of the investigation related to renewable energy resources, the findings reported the State Council department in charge of energy summary.
The findings of renewable energy resources should be published; However, the State shall be kept confidential except content.
Article VII of the State Council department in charge of energy according to the national energy demand and renewable energy resources, the actual situation, development of a national renewable energy development and utilization of the total long-term goal, after approval of the State Council, and to the public.
Total goals and provinces, autonomous regions and municipalities directly under the State Council department in charge of the economic development of the energy in the preceding paragraph in accordance with the actual situation of renewable energy resources, in conjunction with the provinces, autonomous regions and municipalities to determine the various administrative areas of renewable energy development and utilization of long-term objectives, and I announced.
Article VIII of the energy department of the State in accordance with national renewable energy development and utilization of the total long-term goal, the relevant departments under the State Council, the preparation of the national development and utilization of renewable energy sources, after the approval of the State Council.
After the provinces, autonomous regions and municipalities manage the work of the Department of Energy renewable energy development and utilization of long-term objectives in accordance with the administrative area, in conjunction with the preparation of the relevant departments of the people's government administrative areas of renewable energy development and utilization plan, approved by the people's government at the same level implemented.
The approved plan shall be published; however, except for confidential state regulations require content.
The approved plan needs to be modified, must be approved by the original approval authority.
Article IX preparation of renewable energy development and utilization plan shall solicit relevant units, experts and the public for scientific proof.
Chapter III of industry guidance and technical support
Article X energy department of the State Council in accordance with national renewable energy development and utilization plan, develop, publish directory of renewable energy industrial development guidance.
Article XI of the State Council administrative department in charge of standardization should develop, publish national standards for renewable energy technologies and products, the National Renewable Energy electricity grid technical standards and other needs nationwide uniform technical requirements.
National standards in the preceding paragraph is not specified in the technical requirements, the relevant departments of the State Council may formulate relevant industry standards, and report to the State Council administrative department in charge of standardization.
Article 12 The state of renewable energy development and utilization of scientific and technological research and industrial development as priority areas for technology development and high-tech industrial development, science and technology into national development planning and high-tech industry development plan, and arrange financial support for renewable energy development and utilization of scientific and technological research, and application demonstration and industrial development, the promotion of renewable energy development and utilization of technological advances, reduce the production cost of renewable energy products, improve product quality.
The education administrative departments shall renewable energy knowledge and technology into general education, vocational education programs.
Promotion and application of Chapter IV
Article 13 The State encourages and supports renewable energy and power generation.
Construction of renewable energy power generation projects, shall obtain an administrative license or submit the record in accordance with the laws and regulations of the State Council.
Construction shall obtain an administrative license, renewable energy and power generation projects, there are many people apply for the same project permit, it shall be determined by bidding licensee.
Article XIV grid enterprises should and legally obtained administrative license or submit the record of renewable energy power generation and network companies signed an agreement to acquire the full amount of renewable energy and power generation projects within its grid electricity grid coverage and renewable energy generation internet services.
Article 15 The state support in areas not covered by the construction of the grid for renewable energy independent power system to provide electricity services to local production and life.
The state shall encourage clean and efficient development and utilization of biomass fuels, encourage the development of energy crops.
Use of biomass resources to produce gas and heat, in line with the city gas pipeline network, the network heat pipe network technology standards, operation of gas pipelines, heat pipe network businesses should receive their network.
The State encourages the production and use of bio-liquid fuel. Oil marketing companies should be in accordance with the energy department of the State Council or provincial government regulations, biological liquid fuel in line with national standards into its fuel distribution system.
The State shall encourage institutions and individuals to install and use solar water heating systems, solar heating and cooling systems, solar photovoltaic systems, solar energy systems.
The construction administration department of the State Council in conjunction with relevant departments to formulate economic policies and technical specifications of solar energy systems and building integrated.
Real estate development enterprises should be based on the technical specifications of the preceding paragraph, the design and construction of buildings, in order to provide the necessary conditions for solar energy utilization.
The buildings have been built, residents can install solar energy systems meet the technical specifications and product standards without compromising the quality and safety of the premise; However, unless the parties have agreed otherwise.
Article 18 The State encourages and supports rural areas of renewable energy development and utilization.
Departments above the county level people's governments to work together with relevant departments of energy, according to the actual situation of local economic and social development, ecological protection and comprehensive management of health needs, etc., to develop biomass resources in rural areas of renewable energy development plan, promote the use of biogas and other local conditions transformation, household solar, small wind, small hydro and other technologies.
People's governments above the county level should provide financial support for the rural areas of renewable energy projects.
Chapter V price management and cost-sharing
Article XIX tariff for renewable energy projects by the State Council department in charge of pricing characteristics and circumstances of renewable energy generation in different regions depending on the type, according to help promote rational development and utilization of renewable energy and economic principles identified and adjust according to the development of the use of renewable energy technology development. Tariff should be published.
Implement tariff bidding in accordance with Article 13 (3) requirements for renewable energy generation projects, according to the bid price determined execution; However, in accordance with the preceding paragraph shall not exceed the established similar tariff for renewable energy power generation projects level.
Diershitiao grid enterprises shall be determined in accordance with Article 19 of the tariff acquisition cost of renewable energy electricity occurred, according to conventional energy generation is higher than the average tariff is calculated as the difference between the cost of the occurrence of additional sales price is allocated. Specific measures shall be formulated by the State Council department in charge of price.
Reasonable access network costs for the acquisition of Article 21 of the grid for renewable energy companies to pay electricity and other reasonable costs associated with the transmission grid enterprises may be included in the cost and recovered from the sale of electricity.
Article 22 The state investment or subsidies for the construction of some of the public sale price of renewable energy independent power systems, perform the same geographical segment sales price, its reasonable operating and administrative costs exceed the sales price, in accordance with the provisions of this Act Diershitiao sharing approach.
Article 23 Chengshiguanwang renewable energy into heat and gas prices, according to the principles help to promote the development and utilization of renewable energy and economic reasonable price determined in accordance with administrative privileges.
Chapter VI of economic incentives and monitoring measures
Article 24 The State government set up a special fund for renewable energy development, to support the following activities:
(A) renewable energy development and utilization of scientific and technological research, standards development, and demonstration projects;
(B) be able to make use of renewable energy projects in rural and pastoral life with;
(C) in remote areas and islands renewable energy independent power system construction;
(D) renewable energy resource exploration, evaluation and related information systems;
(E) to promote renewable energy development and utilization of local production facilities.
Twenty-five pairs included in the development and utilization of renewable energy projects at the national directory of renewable energy industrial development guidance, in line with the conditions of the credit, financial institutions can provide financial discount preferential loans.
Article 26 The State of the inclusion of renewable energy industrial development guidance catalog items to give tax breaks. The specific measures shall be prescribed by the State Council.
Article 27 The power companies should be true and complete records and save the information of renewable energy generation, and subject to inspection and supervision of electricity regulatory agencies.
When electricity regulatory agency checks should be carried out in accordance with the procedural requirements, and the unit is being checked conservative trade secrets and other secrets.
Chapter VII Legal Responsibility
Article 28 of the State Council energy department and local people's governments above the county level management of energy and other relevant departments to work in the development and utilization of renewable energy in the supervision and management, in violation of the provisions of this Act, the following acts by the People's Government or the higher level people's governments to make corrections on the charge and other personnel directly responsible shall be given administrative sanctions; constitutes a crime, be held criminally responsible:
(A) administrative licensing law does not make decisions;
(B) fails to investigate violations found;
(C) fails to perform other acts of law duties of supervision and management.
Article 29 Whoever violates the provisions of Article 14, the grid companies did not purchase renewable energy electricity, renewable energy generation companies caused economic losses shall be liable for compensation by the State Electricity Regulatory agencies shall be imposed; refuse to correct, impose economic renewable energy companies to double the amount of fines following the loss.
Article 30 second paragraph of Article 16 violation, operation of gas pipelines, heat pipe network companies are not permitted gas, heating network in line with standard network technology, resulting in gas, heat production enterprise economic loss shall bear liability by provincial government departments to manage energy work shall be imposed; refuses to correct, punishable by gas, heat production enterprise economy to double the amount of fines following the loss.
Violation of Article 16 the third paragraph of Article 31 provides that the bio-oil marketing companies did not meet the national standard liquid fuel into the fuel distribution system in accordance with its provisions, resulting in bio-liquid fuel production enterprise economic losses shall be liable for compensation responsibility by the energy department of the State Council or provincial government departments to manage energy work shall be imposed; refuses to correct, bio-liquid fuel production companies impose economic losses fined twice the amount below.
Chapter VIII Supplementary Provisions
Article 32 of this Law, the following terms:
(A) biomass, is the use of natural plants, manure and urban and rural organic waste into energy.
(B) the renewable energy independent power systems, means running alone renewable power system is not connected to the grid.
(C) energy crops, is the specially grown to provide energy raw herbs and woody plants.
(D) bio-liquid fuel, is the use of biomass resources to produce methanol, ethanol and bio-diesel and other liquid fuels.
Article 33 This Law shall go into effect January 1, 2006.
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