People's Republic Of China Renewable Energy Law

Original Language Title: 中华人民共和国可再生能源法

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People's Republic of China President, 23rd

The Standing Committee of the national people's Congress to amend of People's Republic of China renewable energy law, the decision has been made by People's Republic of China the 12th meeting of the Standing Committee of the 11th NPC was adopted on December 26, 2009, are hereby promulgated and, as of April 1, 2010.

People's Republic of China President Hu Jintao

The December 26, 2009

People's Republic of China renewable energy law

(February 28, 2005 Deputies adopted by the 14th meeting of the Standing Committee on December 26, 2009 11th 12th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China renewable energy law amended the decision on)

Directory

Chapter I General provisions

Chapter resources and development planning

Chapter III industrial guidance and technical support

Popularization and application of the fourth chapter

Fifth chapter on price control and cost reimbursement

The sixth chapter the economic incentive and supervisory measures

The seventh chapter legal liability

The eighth chapter by-laws

Chapter I General provisions

First in order to promote the development and utilization of renewable energy, increase energy supply and improving energy structure, to ensure energy security, protect the environment, to achieve economic and social development, this law is enacted.

Article renewable energy in this law refers to wind energy, solar energy, hydropower, biomass energy, geothermal energy, ocean energy and other non-fossil sources of energy.

Hydro-electric power on the application of this law, prescribed by the State Council Energy Department, approved by the State Council.

Through inefficient stoves direct combustion using straw, firewood, dung, this law is not applicable.

Article III of this law shall apply to People's Republic of China area and other sea areas under the jurisdiction.

Fourth national priority areas for the development and utilization of renewable energy development, through the development of renewable energy total goals and take corresponding measures, and promote the establishment and development of the renewable energy market.

State encourages various forms of ownership of economic agents involved in renewable energy development and utilization, protect the legitimate rights and interests of the renewable energy. Article fifth the Energy Department to exercise unified management over national development and utilization of renewable energy.

Relevant departments under the State Council within the scope of their respective duties and responsibilities related to the renewable energy development and utilization management. Local people's Governments at or above the county level in the work of the Department responsible for the administration of energy development and utilization of renewable energy management.

Relevant departments of local people's Governments at above county level within the scope of their respective duties and responsibilities related to the renewable energy development and utilization management.

Chapter resources and development planning

Sixth the Energy Department is responsible for organizing and coordinating national survey of renewable energy sources, and in conjunction with the concerned organizations to develop resources of technical specifications.

Relevant departments under the State Council within the scope of their respective duties and responsibilities related to renewable energy resources survey, the findings reported to the State Council Energy Department summary.

Renewable energy resources survey results shall be published, except State requires confidentiality of content.

Article seventh the Energy Department, according to the national energy needs and actual conditions of renewable energy resources, development of a national renewable energy total medium-and long-term goals, executed after the approval of the State Council and published.

The amount of Energy Department of the State Council according to the provisions of the preceding paragraph aim of provinces, autonomous regions, and municipalities directly under the actual conditions of economic development and renewable energy resources, in conjunction with the provinces, autonomous regions and municipalities to determine the administrative area renewable energy medium-and long-term objectives, and be published.

Article eighth the Energy Department, in conjunction with relevant departments of the State Council, according to the national renewable energy total medium-and long-term goals and the development of renewable energy technology, national renewable energy plans submitted to the State Council for approval before implementation.

Relevant departments under the State Council shall formulate conducive to the promotion of national renewable energy total medium-and long-term goals related to planning.

The provinces, autonomous regions and municipalities manage the Energy Department, in conjunction with the relevant departments of the people's Government, according to the national renewable energy planning and renewable energy medium-and long-term objectives the administrative regions, preparation of the administrative area of renewable energy development and utilization planning, after approval by the people's Governments at the corresponding level, and submitted to the State Council Energy Department and the State power regulatory filings, and organization.

Approved plans shall be published, except State requires confidentiality of content.

Approved plans need to be modified, must be approved by the original organ. Nineth compilation of renewable energy development and utilization planning shall be followed according to the principles of unified planning, rational distribution and orderly development, for wind, solar, hydro, biomass energy, geothermal energy, ocean energy, such as renewable energy and manpower arrangements for the utilization of.

Planning should include the development of regional distribution, key objectives, major tasks, projects, implementation schedule, power grid construction, service and safeguard measures.

Organization authority shall seek the views of relevant units and experts and the general public, scientific proof.

Chapter III industrial guidance and technical support

Tenth the Energy Department, according to the national renewable energy plans, formulated and promulgated the renewable energy industry development guidance directory.

11th standardization Administrative Department under the State Council shall formulate, announced the national grid-connected renewable power technical standards and other needs related to harmonization of technical requirements in the country of renewable energy technology and product standards.

National standards provided for in the preceding paragraph is not specified in the technical requirements, relevant departments of the State Council may formulate the relevant industry standards and standardization Administrative Department under the State Council for the record.

12th State of renewable energy development and utilization of scientific and technological research and industrial development as priority areas for scientific and technological development and high-tech industry development, in the national development plan of science and technology and high-tech industry development plan, and allocate funds to support renewable energy development and utilization of scientific and technological research, demonstration and industrialization development of technical progress in promoting renewable energy, reduce the production costs of renewable energy products and improve product quality.

Educational administrative departments under the State Council shall be renewable energy knowledge and technology into the curricula of general education, vocational education.

Popularization and application of the fourth chapter

13th the State encourages and supports renewable energy grid-connected power generation.

Construction of grid-connected renewable energy projects should be made in accordance with the laws and regulations of the State Council administrative license or submitted for the record.

Construction of administrative license shall be obtained for grid-connected renewable energy projects, the availability of multiple applications for the same project, it shall determine the licensee through public bidding.

14th State applies a renewable full security system.

Energy Administration Department under the State Council in conjunction with the State power regulatory agency and the State Council finance departments, in accordance with the national plan for renewable energy, determined during the planning period should reach the renewable electricity generation accounted for the proportion of electricity generation, development of power grid enterprise scheduling and full purchase of the specific measures for renewable energy generation, and by the State Council Energy Department, in conjunction with the State power regulatory agency will urge the implementation of the year. Planning and construction of power grid enterprises and in accordance with the renewable energy development and utilization, and shall obtain the administrative license or submitted for the record grid-connected renewable energy companies signed agreements and acquisitions within its network coverage in full conformity with technical standards for grid-connected electricity of grid-connected renewable energy projects.

Power generation companies have an obligation to cooperate with power grid enterprises safeguard network security.

Power enterprises should strengthen the construction of power grids, expanding the scope of renewable power configuration, development and application of technologies such as smart grid, energy storage, improving power management and improved absorption of renewable power capacity for renewable energy to provide Internet access services.

15th state support in grid construction not covered renewable independent power systems provide electricity services to local production and living.

16th State encourages clean, efficient use of biomass fuels and to encourage the development of energy crops.

Using biomass resources to produce the gas and heat, thermal pipe network of urban gas network access technology standards, operation of gas networks, enterprises should receive its network of heating pipe network. The State encourages the production and use of bio-liquid fuel.

Oil marketing companies should be in accordance with the provisions of the energy Administration Department under the State Council or provincial governments, will meet national standards of bio-liquid fuel into the fuel distribution system.

17th State shall encourage units and individuals to install and use solar water heating systems, solar heating and cooling systems, solar photovoltaic systems, solar energy utilization systems.

Construction administrative departments under the State Council in conjunction with the relevant departments in developing solar energy utilization system integrated with building economic and technical policies and specifications.

Real estate enterprises should be based on the technical specifications stipulated in the preceding paragraph, in the design and construction of buildings, for the use of solar energy to provide necessary conditions.

For completed buildings, tenants without affecting its quality and safely and in accordance with the technical specifications and standard solar system; however, unless otherwise agreed by the parties.

18th the State encourages and supports the development and utilization of renewable energy in rural areas.

Local people's Governments at or above the county level energy, jointly with relevant departments, according to local economic and social development, ecological protection and comprehensive control of health needs, the actual situation, develop rural renewable energy development plan, according to local conditions to promote the use of biogas and other biomass resources conversion, residential solar, small wind energy, small hydro technologies.

The people's Governments above the county level shall provide financial support for renewable energy projects in rural areas.

Fifth chapter on price control and cost reimbursement Article 19th of renewable energy power generation projects on-grid price by the State Council Department in charge of price according to the different types of renewable energy power generation characteristics and different parts of the case, in favour of the promotion of renewable energy and rational principles, and adjusted according to the development of renewable energy technologies.
Electricity price shall be made public.

According to the 13th article of this law provides for renewable power projects of the tender price, determined in accordance with the bid price, but may not be higher than determined in accordance with the preceding paragraph renewable power projects of the same kind of price levels.

20th power grid enterprises in accordance with the article 19th of the law as determined by the price the costs incurred by buying renewable electricity, higher than in conventional energy generation average price calculation of the difference between the cost, by levy on electricity sales across the country of renewable electricity price supplement.

Article 21st power companies to buy electricity generated by renewable and paying a reasonable amount of net fees, and other reasonable costs associated with, can be included in the utilities transmission costs, and recovery from the sale price.

22nd national investment or subsidies for construction of public renewable independent power systems sales price, perform the same area sales price, operation and management of its reasonable costs exceed the part of the sale price, in accordance with compensation of 20th of this law.

Article 23rd into the city network of renewable energy heating and gas prices, in favour of the promotion of renewable energy and economic sound principles, determined according to the price management permissions.

The sixth chapter the economic incentive and supervisory measures

24th State and establishment of a Fund for renewable energy development, sources include national arrangements for the financial year of special funds and extra charges levied on renewable electricity price according to law.

Renewable energy development fund for compensation of the 20th, 22nd balance fee provided for in article, and is used to support the following:

(A) renewable energy development and utilization of scientific and technological research, standards development and demonstration projects;

(B) renewable energy projects in rural and pastoral areas;

(C) construction and Islands renewable independent power systems in remote areas;

(D) renewable energy resource exploration, assessment and related information systems;

(E) promote the local production of renewable energy equipment.

21st net cost of the provision of this law and other related expenses, not by sale price recovery of power grid enterprise, can apply for the renewable energy development fund grants.

Renewable energy development fund concrete approaches to the collection and use of management, by the financial Department of the State Council in conjunction with the price of energy, the competent departments.

25th national renewable energy industry development guide list of renewable energy projects, in line with the credit conditions, financial institutions can provide fiscal interest discount loans. 26th State on the items included in the renewable energy industry development guidance directory giving tax breaks.

Specific measures shall be formulated by the State Council.

27th electric power enterprises shall be true, complete records and saves relevant information on renewable energy, and to accept the inspection and oversight of regulators.

Power regulators during inspections, should be carried out in accordance with the procedures provided for, and for the units under inspection to keep business secrets and other secrets.

The seventh chapter legal liability

28th the State Council Energy Department and the work of local people's Governments at or above the county level management of Energy Department and other departments concerned in the supervision and administration of development and utilization of renewable energy, in violation of the provisions of this law, any of the following acts, by the people's Government of the people's Governments at the corresponding level or by the relevant Department in charge shall command a correction, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not make a decision on the administrative license according to law;

(B) discovered violations not investigated;

(C) does not perform its functions of supervision and other acts.

14th 29th article violates this law provides that the power grid enterprises failing to complete the acquisition of renewable power, causing economic loss of the renewable energy power generation enterprises shall bear liability, and rectification by the State electricity regulators; it refuses, renewable energy generation companies fined not more than 1 time times the amount of economic loss.

30th article violation this method 16th article second paragraph provides, business gas tube network, and thermal tube network of enterprise not allowed meet network technology standard of gas, and thermal network, caused gas, and thermal production enterprise economic loss of, should bear compensation responsibility, and by provincial government management energy work of sector ordered deadline corrected; refused to corrected of, sentenced gas, and thermal production enterprise economic loss amount 1 time times following of fine.

31st article violation this method 16th article third paragraph provides, oil sales enterprise not according to provides will meet national standards of biological liquid fuel into its fuel sales system, caused biological liquid fuel production enterprise economic loss of, should bear compensation responsibility, and by State Energy competent sector or provincial government management energy work of sector ordered deadline corrected; refused to corrected of, sentenced biological liquid fuel production enterprise economic loss amount 1 time times following of fine.

The eighth chapter by-laws

32nd article this law, the following terms mean:

(A) biomass energy, refers to the use of natural plants, manure as well as urban and rural organic waste into energy.

(B) renewable independent power system that is not connected to separate power and renewable power systems.

(C) energy crops is specially grown to provide energy feedstocks of herbaceous and woody plants.

(D) the bio-liquid fuel, refers to the use of biomass in the production of methanol, liquid fuels such as ethanol and biodiesel. 33rd article this law shall enter into force on January 1, 2006.