Qinghai Provincial Monitoring Approach

Original Language Title: 青海省节能监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399453.shtml

Qinghai provincial monitoring approach

    (February 7, 2014 21st Executive will consider the provincial government on February 23, 2014 100th release from the people's Government of Qinghai province as of April 1, 2014) Chapter I General provisions

    First to standardize the energy saving supervision, guarantee the implementation of energy conservation laws and regulations, promoting the society and reasonable economy energy, according to the People's Republic of China Law on energy saving, the Qinghai province (People's Republic of China energy conservation law) procedures, laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to energy saving supervision activities in the administrative area of the province.

    Third energy saving supervision in these measures, is the energy watchdog agency using units (hereinafter monitoring unit) implementation of energy conservation laws, regulations, rules and standards of conducting supervision and inspection, and on the activities of illegal acts shall be investigated and dealt with according to law.

Fourth provincial administrative authorities responsible for the administration of energy conservation supervision management, coordination of work.

Provincial regulatory bodies in charge of the province's energy-saving work, guiding around the daily energy saving supervision work.

    The people's Government above the county level housing and urban-rural construction, transportation and other departments within the mandate of special energy saving supervision and administration in accordance with law.

Fifth people's Governments above the county level shall strengthen leadership on energy saving supervision work, increase the city divided into districts, autonomous counties and key energy areas of energy saving and energy saving supervision of the supervisory authorities for capacity-building, establishing assessment system of energy-saving, energy-saving monitor the funds into the budget at the same level.

    Energy conservation supervision shall be to enable the unit to charge any fees.

    Sixth energy conservation supervision shall follow monitoring and service, the principle of combining education with punishment, according to law, justice, and standardized monitoring work carried out.

    Seventh energy saving supervision institution shall establish and publish the complaint telephone, electronic mail, receiving citizens, legal persons and other organizations for violation of energy conservation laws, regulations, rules and standards of reporting and complaint.

    Chapter II energy conservation supervision function and content

Eighth provincial regulatory bodies of 5000 tons of the total annual energy consumption and national and provincial departments identified key energy-using units monitor the implementation of energy-saving.

Districts of the city, autonomous energy conservation supervision institutions to total annual energy consumption in more than 5000 tons of under 2000 tons of energy-using units implementing monitoring.

    Counties (districts, cities) energy saving supervision institutions on annual energy consumption of less than 2000 tons of using units to implement energy-saving monitor.

Nineth energy conservation supervision shall include the following information:

(A) fixed assets the implementation of investment projects in energy efficiency rating and review system, rational use of energy in the process of project construction measures and running energy consumption to save energy assessment request for review;

(B) the State has been officially eliminated or restrictions on the use of energy-using products, equipment and implementation of the production rules and limits energy consumption per unit of product standards, mandatory energy efficiency standards, energy efficiency labeling system's implementation;

(C) construction, construction of public facilities, design, construction, commissioning process building energy efficiency standards and energy efficiency standards implementation; energy efficiency in public buildings indoor temperature management systems and civil implementation of the system;

(D) the old vehicle elimination, newer system of implementation and national transport operators and vessel fuel consumption limits standard of implementation;

(E) public institutions to implement the energy efficiency of public institutions and other related energy conservation laws and regulations;

(F) energy-saving management system as well as energy-saving targets and implementation plans, and implementation;

(VII) energy conservation education, training and public awareness;

(H) the main energy-consuming equipment for rational use of energy;

    (IX) other matters stipulated by laws, rules and regulations.

Tenth to monitor key energy-using units shall also include the following:

(A) to conduct energy audits, preparation of the internal energy-saving plans, implementation of energy saving measures and energy-saving targets for the year;

(B) implementation of energy utilization reporting system;

(C) energy management jobs and filing;

    (D) head of energy management and energy management to accept energy-saving training.

    Chapter three energy saving supervision program

11th energy saving monitor the writing, on-site monitoring mode.

    Monitor the implementation of writing, monitoring units should be in accordance with the energy-saving provisions of the supervisory authorities of the time, content and other requirements, to submit energy-saving monitor data and objects.

12th has been monitoring unit should be one of the following circumstances, implementation should be monitored:

(A) the utilization of energy and the rectification needed confirmation;

(B) the main energy-consuming equipment, production processes, or significant changes in the structure of energy consumption;

(C) production or energy-consuming equipment failed to take energy-saving technical measures;

(D) the alleged violation of energy conservation laws, regulations, rules, standards and normative documents;

    (E) the laws, rules, regulations, standards and other normative documents.

13th on-site supervision, shall be 5 business days in advance will monitor the implementation of energy-saving of time, scope, contents, methods and specific requests in writing inform the surveillance unit.

Have any of the following circumstances, energy-saving supervisory body not subject to inform the conditions can be directly implementing on-site monitoring:

(A) assigned by higher authorities or departments concerned at the removal of energy-saving supervisory matters;

(B) the reported complaints of citizens, legal persons and other organizations need to be verified;

    (C) examining ways to implement energy-saving monitoring activities.

Article 14th energy saving supervision at the scene, energy conservation law enforcement officers shall be not less than two, in the production of administrative documents is entitled to take the following measures:

(A) asks about the personnel and records or sound recordings;

(B) the inspection, copying or copying and saving matters relating to the records, reports, technical documents and other information;

(C) to check the monitoring units on site, related information, process, production, equipment, facilities and products, such as videos, photographs;

(Iv) were monitoring unit within the stipulated period, involved in energy conservation supervision issue explanation and description;

(E) to monitor unit monitoring the actual energy use;

    (F) the laws, rules and regulations can take other measures.

    15th energy saving supervision process, the energy conservation law enforcement officers shall hear the statement of the monitored units and personnel and to defend themselves, making energy saving supervision records, and managed by the energy saving law enforcement personnel, signed and sealed under supervision unit head, or his or her client, was rejected by the monitoring unit, energy conservation law enforcement officers should be indicated in the record.

    16th has been monitoring units should truthfully explain the situation, and to provide related information and material, coupled with on-site monitoring, and may not refuse or impede energy conservation supervision shall not conceal the truth, or forge, conceal, destroy, tamper with relevant information and material.

    17th energy saving supervision institution shall maintain a monitoring unit production management and work order, being monitored technological and business secrets of the units shall not be disclosed, shall not take advantage of their positions to seek illegitimate interests.

Article 18th being monitored units have a stake in the energy saving law enforcement officers, which may affect the energy saving supervision the just and fair, shall voluntarily apply for withdrawal.

Be avoided by monitoring the energy saving law enforcement officials should think, should write to the energy-saving surveillance institutions applying for the withdrawal.

    Energy-saving law enforcement officials shy away from the monitoring organs decide.

19th energy conservation supervision institutions found to be monitoring in violation of the energy conservation law, regulations, rules, standards and normative documents should be issued a notice of correction.

    Energy saving supervision being monitored units have not yet found violation of energy conservation laws, regulations, rules, standards and normative documents, but there are obviously unreasonable use or does not meet the requirements of energy saving, energy saving monitor submissions should be issued, calls for measures to be improved.

Article 20th energy conservation monitor the institutions according to the practical situations, determine corrective action period. Absolutely necessary to extend the period of rectification units being supervised should be raised in the 15th before the expiration of the extension application.

Energy-saving supervisory body shall within 5 working days of receipt of the application for extension of decision, extend the time limit for rectification shall not exceed 6 months.

    Monitoring units to be completed within the prescribed period rectification and improvement, rectification and improvement of results should be submitted to the energy watchdog agency for the record. 21st has been monitoring unit shall be ordered to correct notice of energy saving monitor submissions or objections, from the date of receiving in the 15th, applications for review in writing to the energy efficiency monitoring.

    Energy saving supervision body shall, within 15 working days of receipt of the application to review conclusions, and inform the applicant.

    22nd energy-saving supervisory agencies should focus on tracking issued a correction notice or energy saving supervision opinion monitoring unit which has been urging its rectification or improvement.

    Article 23rd energy saving supervision agency shall, within the terms of reference for the monitoring unit provides information and technical guidance or services; monitoring units are energy-saving departments or energy efficiency within the area of responsibility of the supervisory authorities, invited to provide information, technical guidance or help.

24th saving does not have appropriate monitoring and evaluation capacity of the supervisory authorities, may appoint a qualified testing agency for testing.

    Testing institution should detect, objectively and impartially according to law, provide real data and analytical reports, and take responsibility for testing, evaluation conclusion issued by.

25th has been monitoring unit to test and evaluate the conclusions disagree, in 15th after receiving inspection, evaluation findings, writing to the level or upper level energy saving supervision agencies apply for retest. Energy saving supervision agency shall receive survey within 15 working days from the date of the application, make a decision on whether to accept and issue a written reply. Decision of admissibility shall decide within 30 working days from the day of acceptance organization qualified inspection agencies to retest.

Redetect and may not delegate the inspection body. Energy saving at a higher level watchdog organization survey conclusions for the ultimate test, evaluation findings.
Retest monitor units proved to be the objection is established, survey costs borne by the energy watchdog; not established, borne by the monitoring unit.

    Article 26th provincial departments such as the Department shall, in conjunction with provincial development and reform in accordance with the national and provincial regulations for exceeding the limits of energy consumption per unit of product standards, after rectification does not meet the requirements of the energy companies a punitive tariff measures; for out of class, restricted to enterprise implementation of differential pricing measures.

    The fourth chapter legal liability

    27th acts in violation of these rules, the laws and regulations we have legal liability provisions from its provisions. 28th was monitoring unit hindered law enforcement personnel with access to the site or reject energy saving energy saving monitor, or refuses to state the case, the provision of relevant information, physical and do not match the scene detection, energy watchdog agency ordered corrective action and warning refused to correct, punishable with more than 5000 10000 Yuan fine.

    Obstacles to implementing energy conservation supervision according to law, violation of public security management penalties, shall be legally punished by public security organs constitutes a crime, criminal responsibility shall be investigated according to law.

    29th has been monitoring units forge, conceal, destroy, tamper with the information and material from energy watchdog agency ordered corrective action and give a warning; it refuses, to monitor up to 3000 more than 30000 Yuan fine.

30th being monitored without any justified reason, refuses to implement ordered corrective action notice or monitor submissions to implement rectification measures of energy saving, more than 10000 Yuan by the energy watchdog fined a maximum of 30000 Yuan, and acts not of rational use of energy to the public.

    Monitor unit still does not meet the requirements after rectification, legally put forward opinions by the energy watchdog, reported to the permission of the people's Governments at the corresponding level in accordance with the provisions of the State Council.

31st energy watchdog has one of the following actions, monitored by the administrative authority or the competent Department directly responsible in charge and other direct liable persons shall be given disciplinary action:

(A) energy-saving monitor does not perform its duties;

(B) the leak was monitoring unit technology and trade secrets;

(C) used his position to seek illegitimate interests;

(D) to enable the unit to charge illegal fees;

    (E) other acts of abuse of authority, dereliction of duty or engages in.

    The fifth chapter by-laws 32nd article this way come into force April 1, 2014. June 14, 2007, published by the people's Government of Qinghai provincial monitoring procedures abolished at the same time.