Xi ' An Energy Saving Supervision Approach

Original Language Title: 西安市节能监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264180.shtml

XI ' an energy saving supervision approach

    (August 10, 2009 XI ' an Executive meeting of the municipal people's Government, the 87th review on June 9, 2010, 87th in XI ' an city people's Government promulgated as of July 9, 2010) first in order to regulate the energy saving supervision, improve the energy efficiency of resource use, in accordance with the People's Republic of China energy conservation law, the Shaanxi Province energy conservation Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article on implementing energy saving supervision within the administrative area of the city and its related activities governed by this approach.

    Third energy saving supervision in these measures refers to energy conservation Administrative Department and relevant departments for the administration of energy production, distribution, use, and units engaged in related activities (hereinafter monitoring unit) implementation of energy conservation laws, rules, regulations and related standards for conducting supervision and inspection, and the activities of the offence to be dealt with according to law. Fourth municipal energy conservation Administrative Department is responsible for the unified management, supervision and coordination of the energy-saving work.

    Energy-saving supervisory body energy conservation Administrative Department, delegate in charge of the energy-saving monitor routine.

    Industrial, construction, transportation, Office management and other administrative departments in accordance with their respective responsibilities to do energy saving supervision work, and accept the guiding energy conservation Administrative Department.

    Article fifth energy conservation supervision shall follow the fairness, openness and the principle of combining education with punishment. Sixth energy saving supervision requirements included in the budget at the same level.

    Implementation of energy conservation supervision shall not be monitored to a flat fee. Seventh energy saving supervision should be reported to the public phone, set the report box.

    For acts in violation of energy conservation laws, rules and regulations, all units and individuals have the right to report to the energy watchdog.

    Administrates the illegal use can provide important clues and evidence, verified, energy conservation Administrative Department whistleblower shall be rewarded.

    Eighth energy watchdog should be in accordance with the law and regulations, energy conservation, and the actual annual energy saving monitor and organize the implementation of the plan.

    Nineth energy saving supervision should be carried out on the following matters:

    (A) energy efficiency rating and review system for fixed asset investment projects implementation;

    (B) countries out of or restrictions on the use of energy-consuming products, equipment, facilities, technology and materials, such as list of implementation;

    (C) the implementation of unit product energy consumption limit standards;

    (D) energy efficiency standards, energy efficiency energy-consuming products identification, implementation of the system of certification marks;

    (V) the key energy-using units to establish energy saving objectives and targets;

    (F) the key energy-using units shall submit the report on the energy situation and the establishment of energy management, appointed head of energy management and related personnel receive training of energy saving;

    (G) the key energy-using units to carry out energy audits and implementation planning;

    (H) the unit energy consumption for energy production and management costs, are free to place employees with energy;

    (I) engaged in energy-saving advice, design, evaluation, testing, auditing, certification and other service institutions to carry out energy-saving technical service;

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

    Tenth to implement energy-saving way to monitor the may be in written or monitored.

    Writing monitor shall notify the monitor unit was monitoring unit should be submitted in accordance with the notice requirements in writing. On-site monitoring in advance will monitor the basis, content, timing and requirements, in writing, notify the monitoring unit.

    Cases that are processed and accepted, as well as examining ways to implement energy-saving monitoring except. 11th field monitoring should be more energy-efficient monitors. Energy inspectors should present a valid certificate of administrative law enforcement, making on-site monitoring record and monitored by energy-saving supervisory personnel and is in charge of the unit, or their attorneys, signed or sealed.

    Monitor unit owner or the client refuses to sign or seal, the energy-saving supervisory personnel should indicate in the monitor record.

    12th saving inspectors conduct surveillance, you can take the following measures:

    (A) asking the persons concerned, or ordered to be monitored within the prescribed time, make a written reply on the relevant issues;

    (B) the inspection, copying or copying the relevant information;

    (C) on-site examination of the relevant products, equipment, grounds.

    13th has been monitoring unit shall explain the situation to provide relevant information, does not hinder the energy conservation supervision shall not conceal the truth, or forge, conceal, destroy, tamper with the relevant materials.

    Article 14th energy saving supervision institutions beyond the terms of reference of the monitoring, surveillance units have the right to refuse, and can contribute to energy-saving supervisory administrative department or other relevant departments. 15th energy saving supervision ended, energy-saving supervisory bodies should in the 20th energy monitor the submissions being served on the unit.

    The energy monitor the submissions included implementation of energy-saving of time, content, style, disposition, corrective action for violations. Article 16th disagrees with the opinion on the monitoring units to monitor the energy-saving, you can receive within the 20th of the energy saving monitor submissions, in writing to the competent administrative Department of energy-saving applications for review.

    Energy conservation Administrative Department should be made from the date of acceptance of the 20th review concluded, and shall inform the applicant.

    17th energy regulators in the supervision process, found laws, rules and regulations defined by other departments dealing with the illegal facts, it should be handed over to relevant departments according to law. 18th saving inspectors have an interest in being supervised units or other relations, may affect the impartiality of, and should be avoided.

    Think energy-saving supervisory personnel should avoid being supervised, may, in writing, or orally to energy conservation administrative department or energy saving supervision bodies.

    19th energy conservation supervision personnel must have the relevant professional knowledge and ability, and in accordance with the provisions of administrative law enforcement qualifications.

    Article 20th energy conservation supervision staff shall not disclose the monitoring unit technology secrets and commercial secrets, must not use the work to seek illegitimate benefits shall not affect the impartial law enforcement.

    21st energy saving supervision by refuses or obstructs the monitoring units, given by energy conservation Administrative Department warned that a rectification; refuses, and 1000 Yuan fine, business activities, between 10000 and 1000 Yuan fine; violations of the People's Republic of China Law on administrative penalties for public security, dealt with by the public security organs in accordance with the case constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd article in violation of the People's Republic of China Energy Conservation Act, energy saving regulations of Shaanxi Province and other related laws and regulations, by the relevant authorities according to law.

    23rd party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Article 24th energy-saving supervisory personnel in the surveillance abuses, negligence, malpractice, sanctions by their work units or by the competent Department constitutes a crime, criminal responsibility shall be investigated according to law. 25th article this way come into force on July 9, 2010.