Henan Province Energy-Saving Supervisory Approach

Original Language Title: 河南省节能监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257660.shtml

Henan province energy-saving supervisory approach

    (On January 21, 2010 Henan Province Government 61st times Executive Conference considered through on January 29, 2010 Henan Province Government makes 131th, announced since on March 15, 2010 up purposes) first article to guarantees energy-saving legal, and regulations of implementation, specification energy-saving monitored work, improve energy using efficiency, according to People's Republic of China save energy method, and Henan province save energy Ordinance, legal, and regulations of provides, combined this province actual, developed this approach.

    Article engaged in energy saving supervision within the administrative area of the province and its related activities shall comply with these measures.

    Otherwise provided by laws and regulations, 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 and compliance with energy efficiency legislation, rules, regulations and mandatory standard for energy efficiency of conducting supervision and inspection, and violations of law to stop and deal with the behavior.

    Fourth energy-saving Administrative Department of the people's Government above the county level shall be responsible for the energy saving supervision within the administrative area, their energy saving energy saving control of their monitoring bodies responsible for the administration of day-to-day work.

    Relevant departments under the people's Governments above the county level responsible for energy saving supervision the work within their respective mandates, and accept the guiding energy conservation Administrative Department at the same level.

    Article fifth energy-saving administrative departments should strengthen supervision in the information construction, make full use of information technologies and means of information monitoring system for building energy use, energy conservation supervision to monitor entity.

    Sixth energy-saving Administrative Department shall establish monitoring reports, complaints systems, released to public to accept reports, complaints by telephone and email. Violation of energy saving laws, rules, regulations and mandatory standards of behavior, all units and individuals have the right to report to the energy conservation Administrative Department, or complaints.

    Energy conservation Administrative Department shall, on receiving reports or complaints within 15 working days after the Organization and timely feedback to the informer or the complainant. Seventh provincial energy conservation Administrative Department is responsible for the annual energy consumption more than 50000 tonnes of using units as well as other States and provinces to determine energy-using units of monitors. Provincial Government energy conservation Administrative Department is responsible for the annual energy consumption more than 5000 tons of less than 50000 tons of energy-using units of monitors.

    The County (City) energy conservation Administrative Department is responsible for the annual energy consumption of less than 5000 tons of energy-using units of monitors.

    Eighth energy saving monitor includes the following content:

    (A) energy project design, perform in the construction of energy-saving design specifications, evaluation review, as well as after the completion of the project in accordance with energy, rational use of energy;

    (B) phase out or limit the use of using outdated and highly energy-consuming products and production equipment, facilities, technology and materials;

    (C) the implementation of the energy efficiency labeling system;

    (D) implementation of comprehensive energy consumption, energy consumption per unit product and primary energy consumption limits standard;

    (E) energy-saving technical measures, and the development and implementation of systems;

    (F) energy inspection, testing, assessment and other institutions to carry out energy-saving services;

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

    Nineth energy-saving energy conservation Administrative Department shall, in accordance with laws, regulations, rules and administrative areas of the actual situation of energy conservation, preparation of energy conservation supervision plan and implement.

    Energy saving supervision planning and implementation should be reported to energy conservation Administrative Department at a higher level for the record.

    Tenth energy saving supervision can take the site monitor the and written in two forms.

    11th under any of the following circumstances, implementation should be monitored:

    (A) monitor units of major energy-consuming equipment, production processes, significant changes in the utilization of energy and energy saving;

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

    (C) the confirmation is need to monitor the implementation of energy-saving measures;

    (D) according to the energy saving supervision plan should be monitored;

    (E) should monitor the implementation of energy-saving in other circumstances.

    12th on-site energy saving monitor there should be 2 or more inspectors conducted jointly, to present a valid certificate of administrative law enforcement and will monitor the implementation of energy-saving of content, methods and specific requirements to inform the monitoring unit. On-site monitoring shall make on-site monitoring record.

    Monitor the record shall be recorded to implement energy-saving of time, place, content, participants, and monitored the situation, and monitored by energy-saving supervisory personnel and is in charge of the unit, or is signed by client of the monitoring organization; is being monitored by monitoring unit head or unit head of client refuses to sign it, energy-saving supervisory personnel should truthfully stated in the monitor record.

    Article 13th written to monitor, are monitored by the monitoring unit shall comply with the requirements and the time required to submit reports on their use of energy or other relevant information.

    When the 14th energy saving inspectors monitor the implementation of energy-saving, you can take the following measures:

    (A) inspect or copy the is monitoring unit and technical documents relating to energy conservation supervision and materials;

    (B) were monitoring units to monitor the problems related to matters truthfully interpret and explain;

    (C) as needed to monitor energy use for testing. 15th when implementing energy saving supervision, shall maintain the monitoring unit's production, management and work order.

    Shall not be disclosed is monitoring the technological know-how and business secrets of the units, must not use the work to seek illegitimate interests.

    16th under supervision shall cooperate with saving monitoring personnel shall monitor the implementation of energy-saving, and may not refuse or impede energy monitor is working properly. Article 17th energy conservation supervision shall be to enable the unit to charge any fees.

    Energy saving supervision costs into the budget at the same level.

    Article 18th energy conservation Administrative Department should publicize energy saving monitor the situation on a regular basis, establish energy conservation violations recording system being monitored due to the public can be subject to administrative penalties for illegal and was issued the notice of rectification after rectification of information. 19th article by energy-saving monitored confirmed was monitored units exists violation energy-saving legal, and regulations, and regulations and energy-saving mandatory standard behavior of, energy-saving administrative competent sector should to was monitored units issued deadline rectification notice, ordered its deadline corrected, and by energy-saving administrative competent sector in accordance with People's Republic of China save energy method and Henan province save energy Ordinance, about legal, and regulations, and regulations of provides be punishment or transferred other about administrative competent sector law be punishment

    ; Confirmed by the energy saving supervision units waste energy by monitoring behavior but not violation of energy saving laws, rules, regulations and mandatory standards, energy-saving should be given to the units being supervised by the Administrative Department of the energy saving monitor submissions, energy-saving suggestions or improvements.

    The notice of rectification and the opinion on the energy conservation supervision shall, within 20 working days from the closing date of the work service was monitoring unit.

    Energy conservation Administrative Department should be on notice of the rectification and the tracking of the implementation of the energy saving monitor submissions.

    20th has been monitoring the unit refuses to provide relevant information, samples or forge, alter, conceal, destroy relevant information and samples from energy conservation Administrative Department a rectification; fails, between 10000 and 3000 Yuan Yuan fine.

    21st has been monitoring unit hinder energy-saving supervisory personnel perform their duties according to law, by the public security organs in accordance with the People's Republic of China on public security administration punishments relevant provisions of the law will be punished.

    Article 22nd energy conservation Administrative Department, energy-efficient monitoring of institutions and their staff, one of the following circumstances, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) trade secret leak being monitored units;

    (B) used his position to seek illegitimate interests;

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

    (D) abuse of power, dereliction of duty or engages in. 23rd these measures shall take effect on March 15, 2010.