Zhejiang Provincial energy saving supervision approach
(May 8, 2012 Zhejiang Province Government makes No. 299, announced since July 1, 2012 up purposes) first article to strengthening energy-saving management, specification energy-saving monitored work, guarantees energy-saving legal, and regulations, and regulations of implementation, improve energy using efficiency, according to People's Republic of China save energy method, and Zhejiang Province implementation straddling People's Republic of China save energy method approach and other about legal, and regulations of provides, combined this province actual, developed this approach.
Second approach applies to energy saving supervision activities in the administrative area of the province.
Third energy saving supervision in these measures refers to the people's Governments above the county level shall determine the energy monitoring agency (hereinafter referred to as the energy watchdog) in accordance with the energy-using units implement laws, regulations, rules and standards of conduct supervision and inspection, urged energy-using units to strengthen management and improve the efficiency of energy use, and the activities of illegal acts be investigated and prosecuted by law.
Using units in these measures refers to State organs, public institutions, enterprises and other social organizations, units for energy use.
Fourth Energy Conservation Department of the people's Governments above the county level (hereinafter referred to as energy conservation authorities) competent energy saving supervision work within their respective administrative areas.
Relevant departments of the people's Governments above the county level shall, within their respective areas of responsibility combined with energy-saving work.
Energy monitor above the county level in the institutions responsible for the administration of energy conservation monitoring efforts, implementation of the Zhejiang province's implementation of People's Republic of China Law of energy conservation measures and the duties as provided herein.
Fifth construction of the people's Governments above the county level shall strengthen the energy monitoring agency, the energy watchdog included in the budget at the same level of funding. Superior energy watchdog should be the lower energy watchdog's work in guiding, inspecting and supervising.
Energy regulators should guide, coordinate and monitor all carry out the monitoring work, and carry out the supervisory personnel in business training.
Sixth energy saving supervision work should be guided by fairness, procedural norms, focused supervision and services, the principle of combining education with punishment.
Article seventh energy watchdog to monitor the following energy-using activities:
(A) energy-using units implement laws, regulations, rules and standards;
(B) energy-using units to develop and implement plans, and measures;
(C) the key energy-using units to complete objectives;
(D) energy assessment review of fixed assets investment projects implementation;
(E) using units perform behind energy-consuming products and equipment and production process elimination system, limitation of high energy-consuming industries, energy efficiency labeling system;
(Vi) public institutions, public building energy management in the process of implementation of energy efficiency standards and related energy efficiency provisions;
(VII) energy-saving provisions of other laws, regulations, and the provincial people's Government.
Eighth energy-saving energy-saving supervisory personnel should be familiar with the laws, rules, regulations and standards, and have the appropriate professional knowledge and ability, and in accordance with the provisions of administrative law enforcement qualifications.
Energy-saving supervisory personnel to perform their oversight responsibilities, is protected by law.
Nineth when energy saving inspectors monitor the implementation of energy-saving, the production shall be without prejudice to the monitoring unit, operations and work orders shall not be disclosed is monitoring the technological know-how and business secrets of the units shall not take advantage of their positions to seek illegitimate interests.
Article tenth have a stake in energy-saving supervisory personnel and units being supervised or have other relationships may affect the impartiality of monitoring should be avoided.
Think energy-saving supervisory personnel should avoid being supervised, may, in writing, or orally to implement energy-saving monitor the energy body.
Energy-saving supervisory personnel of the withdrawal by the energy watchdog in charge of decisions. Article 11th energy watchdog reporting system should be established, setting up a report, complaint letter boxes and phones, encourages and supports energy-saving units and individuals to report violations of laws, rules, regulations and standards.
Energy regulators should keep their informants confidential.
Energy watchdog reports, complaints and energy saving supervision found in violation shall be investigated and processed in a timely manner.
12th energy watchdog that can be made in written way of monitoring or on-site monitoring, to monitor energy-using units implemented.
Written in monitoring the energy supervisory agency shall notify the supervisory unit, sending material by monitor the unit shall, in accordance with the notification requirements.
On-site monitoring, energy regulators should monitor in advance basis, content, time, and requires written notices were monitoring unit, handling cases and reports, complaints and implementation of energy-saving by spot checks except for the monitor. 13th when implementing on-site monitoring, there should be 2 or more energy-efficient monitors.
Energy inspectors should present a valid certificate of administrative law enforcement, inform the basis for monitoring, contents, methods and requirements, production site monitoring records, record of monitoring time, place, content, participants, and monitored the situation, and monitored by energy-saving supervisory personnel and is in charge of the unit or its attorneys to sign it. 14th according to energy saving supervision work need, when implementing the trans energy saving supervision, city divided into districts, counties (cities and districts) energy monitoring body could monitor the implementation of the joint.
Provinces, districts and municipal energy coordinated the joint monitoring of the supervisory authorities.
When the 15th energy saving supervision personnel shall monitor the implementation of energy-saving, may exercise the following powers:
(A) were monitoring units to monitor the problems related to matters truthfully explained and written instructions asking the persons concerned;
(B) the inspection, copying or copying information;
(C) on energy consumption and related products, equipment, process monitoring;
(D) the other functions conferred by laws, rules and regulations.
16th under any of the following circumstances, energy watchdog monitoring technology of energy-saving means of using units of major energy-consuming equipment, process, product energy consumption testing and evaluation:
(A) units of acts of unlawful or excessive use of energy, energy consumption indexes need testing verification;
(B) the key energy-using units due to technology or for some other reason, the main energy-consuming equipment change, process change, energy consumption structure change, seriously affecting the energy saving;
(C) submit key energy-using units of energy utilization report serious false;
(D) national energy authorities, or other energy-saving monitoring provincial people's Government to determine matters.
Energy watchdog does not have a corresponding test and evaluation capacities and conditions may be entrusted with energy-saving services for monitoring.
Energy saving monitor not to be monitoring unit charges, the costs borne by the energy watchdog.
17th under supervision shall cooperate with the saving work, explained the situation, provide relevant information, samples, and so on, and may not refuse or impede energy saving supervision shall not conceal the truth, or forge, concealing, destroying or tampering with evidence. 18th energy watchdog should be within 30 working days of the end of the energy saving supervision to form energy saving monitor reports, sent to the monitor unit.
Energy-saving monitor reports should include the implementation of monitored object, time, place, content, manner, and to monitor the results and observations. 19th has been monitoring units in violation of energy conservation laws, rules and regulations and the mandatory standard for energy efficiency of energy-using and energy watchdog should be issued rectification notices to order the rectification.
Relevant laws, regulations, rules and regulations be punished directly otherwise.
Monitoring units there is a rational use of energy, but not violation of energy saving laws, rules, regulations and mandatory standards, issued by the energy watchdog should be energy-saving monitor submissions were monitoring units to take measures for their improvement. 20th supervisory units receiving notice of rectification or saving monitor submissions shall be in accordance with the requirements for rectification or improvement.
Energy regulators should monitor and supervise the implementation. Article 21st units not being supervised in accordance with the date of the notice of rectification and reform, extension shall be made within 15 working days before the expiry of the extension application. Energy regulators should be within 10 working days of receipt of the application for extension of response. Extension of no more than 6 months.
Extension still does not meet the requirements after rectification, in accordance with the provisions of the relevant laws, rules and regulations will be punished. 22nd has been monitoring the rectification notice issued by the energy watchdog disagrees, he may within 10 working days from the date of receipt of the notice of rectification, in writing to the level energy Department or apply energy watchdog to review at a higher level.
Level energy Department or the energy watchdog at a higher level shall receive a written review completed within 20 working days from the date of the application for review and the review results in writing inform the monitoring unit.
Article 23rd in energy-saving process, the energy watchdog, found in accordance with the laws, rules and regulations matters belonging to other departments, it shall be transferred to the relevant Department.
Article 24th acts in violation of these rules, the laws and regulations we have legal liability provisions from its provisions.
25th disobey article 17th, was rejected by the monitoring unit, impeding energy saving supervision, or refuses to provide relevant information, samples, and so on, or falsifying, concealing, destroying or tampering with evidence, and above the county level by the energy watchdog agency ordered corrective action, and to a fine of up to 5000 Yuan and 20,000 yuan in serious cases, the fines of between 50,000 yuan and 20,000 yuan.
26th article violation this approach 20th article and 21st article provides, was monitored units in energy monitored institutions issued of rectification notice by provides of rectification term within and extension rectification term within, no due reason refused to for rectification or by extension rectification Hou still not reached requirements, and about legal, and regulations, and regulations and no punishment provides of, by County above energy monitored institutions at 10,000 yuan above 30,000 yuan following of fine; plot serious of, at 30,000 yuan above 50,000 yuan following of fine.
27th saving authorities and energy monitoring of institutions and their staff, one of the following circumstances, directly responsible and other persons directly responsible, disciplined by the authority in accordance with the administrative permission law constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) the leak was monitoring the technological know-how and business secrets of the units;
(B) used his position to seek illegal interests;
(C) implementation of energy saving supervision to enable the unit to charge fees;
(D) failing to implement energy saving supervision and administrative punishment;
(E) other acts of abuse of authority, dereliction of duty or engages in. 28th article of the rules take effect on July 1, 2012. April 26, 2002 issued by the provincial Government of Zhejiang energy monitoring regulations repealed simultaneously.