Wuhan City Energy Conservation Supervision Approach

Original Language Title: 武汉市节能监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369076.shtml

Wuhan City energy conservation supervision approach (January 16, 2012 Wuhan City Government 1th times Executive Conference considered through January 31, 2012 Wuhan City Government makes No. 223, announced since March 1, 2012 up purposes) first article to specification energy-saving monitored work, guarantees energy-saving legal, and regulations, and regulations of implementation, improve energy resources using efficiency, promoted resources saving and environment friendly type social construction, according to People's Republic of China save energy method and Hubei Province implementation straddling People's Republic of China save energy method approach

    And other laws and regulations, combined with the city's actual, these measures are formulated. Article in the administrative area of the city, to monitor the implementation of energy-saving application of this approach.

    Otherwise provided for by laws and regulations on energy conservation supervision from its provisions.

    Third energy saving supervision in these measures refers to energy conservation Administrative Department of energy production, distribution, use, and other co (hereinafter monitoring unit) implementation of energy conservation laws, regulations, rules and standards of conducting supervision and inspection, and to investigate and punish illegal activities according to law.

Fourth municipal and district administrative areas of development and reform is the energy conservation Administrative Department, is responsible for the unified management, supervision and coordination of the Administration energy monitoring work.

Industry, construction, transportation, quality monitoring, agriculture, Office management and other departments responsible for supervision and administration of energy conservation in the context of their respective duties, and accept the guiding energy conservation Administrative Department at the same level.

    Energy conservation Administrative Department and the administrative department concerned may, within its statutory responsibilities, delegate meets the statutory requirements of the institutions to implement energy-saving work.

Fifth annual energy consumption at 5000 tons of standard coal and above using units in key energy-using units from competent administrative departments to monitor the implementation of energy-saving of energy-saving.

    Total annual energy consumption of up to 5000 tons of energy-using units from the district administrative authorities according to local area determine the key energy-using units from the competent administrative departments to monitor the implementation of energy-saving of energy-saving and energy-saving monitoring results submitted to the municipal administrative departments.

    Energy-saving sixth energy conservation Administrative Department shall, in accordance with the relevant laws and regulations, the provisions of regulation, combined with the energy-saving work in the region, in conjunction with relevant departments prepare an annual energy saving monitor work plans, and their implementation.

    Seventh energy saving administrative departments should strengthen the monitoring information, make full use of information technologies and means of building energy use information monitoring system, creating conditions for the effective implementation of energy saving supervision.

    Article eighth energy conservation supervision shall be guided by fairness, openness, education and penalties, monitoring and service combined with the principle of combining. Nineth monitor the implementation of energy-saving, not to enable the unit to charge any fees.

    Energy-saving requirements for monitoring into the budget at the same level.

    Tenth of municipal and district people's Government and the related departments, news media, schools should strengthen energy conservation propaganda and education, popularizing energy-saving knowledge to enhance public awareness of energy conservation, to create good atmosphere for attention, support and participate in energy-saving.

11th to be monitoring units to monitor the implementation of energy-saving main issues include:

(A) implementation of energy-saving laws, regulations, rules and standards;

(B) implementing national provisions eliminated and the restrictions on the use of energy-using products, equipment and production process;

(C) the establishment and implementation of energy-saving target responsibility system and the reward and punishment system, the establishment of energy management, building energy management system, the establishment of standards system;

(D) comprehensive energy consumption, energy consumption per unit product, major energy-using equipment, energy efficiency, energy management, energy management, energy-saving technical measures, energy consumption statistics and of energy utilization analysis, such as the establishment and implementation of the system;

(E) fixed assets investment projects carry out the assessment and review of the situation, and after the project is completed;

(F) carry out the promotion, energy managers and operators of key energy-consuming equipment receive energy-efficient education and training;

    (G) laws, regulations, rules and regulations of the other energy-saving supervisory matters.

Article 12th energy conservation Administrative Department to implement energy-efficient monitoring, monitor should be 10 working days in advance of the time, matter and requests written surveillance units.

    Monitor the implementation of energy-saving, there should be 2 or more (2) energy-saving supervisory personnel at the same time, and present a valid certificate of administrative law enforcement.

13th energy-saving supervisory personnel supervision, may exercise the following powers: (a) were monitoring units provide information relevant to the matters and samples, and inspection, copying or copying information;

(B) on supervisory matters involving issues to be raised a question on monitoring unit, truthfully explain, or a written reply is required;

(C) to monitor unit with regard to the utilization of energy production facilities, equipment, process and production scenarios, such as records, photographs, videos;

(D) to monitor unit of energy equipment and energy-use monitoring;

(E) other functions and powers provided by laws, rules and regulations.

    Energy-saving supervisory personnel beyond the terms of reference of the monitoring, surveillance units have the right to refuse.

Article 14th energy saving supervision personnel and units being supervised has an interest or any other relationship, may affect the impartiality of monitoring should be avoided.

Think energy-saving supervisory personnel should avoid being supervised, may, in writing, or orally to monitor energy conservation Administrative Department.

    Energy-saving supervisory personnel of the withdrawal by the Organization mainly responsible for the decision.

    15th has been monitoring unit shall, in accordance with the requirements of energy conservation Administrative Department, provide relevant information, actively cooperate with the energy conservation supervision shall not refuse or obstruct the energy saving supervision or concealed, forged, destroyed, tampered with relevant information and data.

Article 16th energy conservation Administrative Department can take the site, written and other legitimate ways to implement energy-saving monitoring.

The inclusion of energy-saving administrative departments focus on monitoring annual plan of units, as well as any of the following circumstances, implementation should be monitored:

(A) being monitored due to technology or for other reasons, resulting in major energy-consuming equipment, production processes, or significant changes in the structure of energy consumption;

(Ii) receive reports or other means, was monitoring unit is found to have violation of energy conservation laws, rules, regulations and standards;

    (C) laws, regulations, rules and regulations should be monitored in other circumstances. Article 17th on-site energy saving supervision, it shall make the record.

    Scene notes should faithfully record the monitor the implementation of energy-saving of time, place, content, participants and the situation monitored and energy saving supervision personnel and heads of units being supervised, or their attorneys signed; monitoring unit the person concerned refused to sign, energy-saving supervisory personnel should truthfully indicate in field notes. Article 18th energy conservation Administrative Department was monitoring unit found in the energy saving supervision violation of energy conservation laws, rules, regulations and standards, should be dealt with by other administrative departments according to law, are referred to the Department; belongs to the mandate of the Department, energy-saving monitor submissions should be issued.

Monitoring units should be based on energy-saving monitor submissions to take timely measures to remedy.

    Energy conservation Administrative Department monitoring units to monitor submissions by ordered energy-saving focus to monitor, supervise its rectification according to the request.

    Article 19th disagrees with the opinion by monitoring units to monitor energy-saving, energy saving monitor submissions received within 10 working days of the date, may apply to the energy conservation Administrative Department review; energy conservation Administrative Department shall, within 15 working days from the day of receipt of the application for review, and the review results in writing inform the monitoring unit.

Article 20th energy conservation when inspectors monitor the implementation of energy-saving should be maintained by monitoring the work of units of production, management and order may not disclose is monitoring the technological and business secrets of the units shall not take advantage of their positions to seek illegitimate interests. 

    Energy-saving supervisory bodies should actively be monitoring energy conservation construction and daily management to provide technical guidance and services being monitored units and help to establish a good order.

21st energy saving supervision ended, energy saving inspectors shall submit a monitoring report.

    Energy-saving monitor reports should include the implementation of monitored object, time, content, style, disposition, corrective action for violations, and so on.

    Article 22nd energy conservation Administrative Department shall be announced to the public on a regular basis to monitor energy-saving targets, and so on.

23rd citizens, legal persons and other organizations have the right to energy conservation Administrative Department reports complaints or illegal behavior.

    Energy conservation Administrative Department shall establish a system of reporting, complaints, publicize ways of receiving reports, complaints; the law belongs to the matters dealt with in this sector shall, within 15 working days from the day of acceptance survey processing and investigation results to the informant or complainant; belonging to other departments according to law, shall be transferred in time.

24th article was monitored units violation this approach provides, not truthfully provides related information, refused to, and hinder energy-saving monitored or hidden, and forged, and destroyed, and tampered with related information and data of, by energy-saving administrative competent sector be warning, ordered deadline corrected, late not corrected of, sentenced 5000 Yuan above 10000 Yuan following fine; violation security management legal of, by police organ law be punishment; constitute crime of, law held criminal.

    Violations of other provisions of this approach, by the relevant authorities in accordance with the People's Republic of China energy conservation law and other relevant laws, regulations, rules to deal with.

25th energy saving monitors have one of the following, by the unit or by the competent authorities shall be given administrative sanctions; losses caused to a monitoring unit shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

(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 illegal interests;

(D) to enable the unit to charge fees;

    (E) the laws, rules and regulations shall be investigated for legal responsibility in other circumstances.
Article 26th city of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area, municipal Government of Wuhan chemical industrial Park Management Committee in accordance with relevant provisions and these measures give district-level energy saving functions and powers of the administrative authorities, in charge of the management of energy-saving work in the region.

    27th article this way come into force on March 1, 2012.