Law of the People's Republic of China on renewable resources

Law of the People's Republic of China on renewable resources

Order of the President of the People's Republic of China

Number 33

The renewable energy law of the People's Republic of China, which was adopted at the 14th session of the standing committee of the 10th National People's Congress on February 28, 2005, is hereby promulgated and shall come into force as of January 1, 2006.

Hu ***, President of the People's Republic of China

February 28, 2005

Orders to record

Chapter I general provisions

Chapter ii resource investigation and development planning

Chapter iii industrial guidance and technical support

Chapter iv promotion and application

Chapter v price control and cost apportionment

Chapter vi economic incentive and supervision measures

Chapter vii legal liability

Chapter viii supplementary provisions

Chapter I general provisions

Article 1 this law is formulated with a view to promoting the development and utilization of renewable energy sources, increasing energy supply, improving the energy structure, ensuring energy security, protecting the environment and achieving sustainable economic and social development.

Article 2 the term "renewable energy" as used in this law refers to such non-fossil energy sources as wind, solar, hydro, biomass, geothermal and Marine energy.

The application of hydropower to this law shall be prescribed by the competent department of energy under the state council and reported to the state council for approval.

This law shall not apply to the use of straw, fuelwood and dung by direct combustion on low efficiency stoves.

Article 3 this law shall apply to the territory of the People's Republic of China and other sea areas under its jurisdiction.

Article 4 the state shall make the development and utilization of renewable energy a priority area of energy development, and shall promote the establishment and development of a market for renewable energy by setting targets for the total amount of renewable energy to be developed and utilized and taking corresponding measures.

The state encourages economic entities of all types of ownership to participate in the development and utilization of renewable energy and protects the lawful rights and interests of users of renewable energy in accordance with the law.

Article 5 the competent department of energy under the state council shall exercise unified control over the development and utilization of renewable energy sources throughout the country. The relevant departments under the state council shall, within their respective functions and duties, be responsible for the administration of the development and utilization of renewable energy.

The administrative departments for energy under the local people's governments at or above the county level shall be responsible for the administration of the development and utilization of renewable energy sources within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, within their respective functions and duties, be responsible for the administration of the development and utilization of renewable energy.

Chapter ii resource investigation and development planning

Article 6 the competent department of energy under the state council shall be responsible for organizing and coordinating the investigation of renewable energy resources throughout the country, and shall, in conjunction with the relevant departments under the state council, organize and formulate technical specifications for the investigation of resources.

The relevant departments under the state council shall, within the scope of their respective functions and duties, be responsible for the investigation of renewable energy resources, and shall report the investigation results to the competent department of energy under the state council for summary.

The results of the survey on renewable energy resources shall be published; However, the contents that need to be kept secret as stipulated by the state are excluded.

Article 7 the competent department of energy under the state council shall, on the basis of the national energy demand and the actual situation of renewable energy resources, formulate medium - and long-term total targets for the development and utilization of renewable energy resources for the whole country, submit them to the state council for approval before implementation and promulgation.

The competent department of energy under the state council shall, in conjunction with the people's governments of provinces, autonomous regions and municipalities directly under the central government, determine the medium - and long-term targets for the development and utilization of renewable energy in their respective administrative areas in accordance with the total volume targets specified in the preceding paragraph and the actual situation of the economic development and renewable energy resources of the provinces, autonomous regions and municipalities directly under the central government, and shall publish them.

Article 8 the competent department of energy under the state council shall, in conjunction with the relevant departments under the state council, work out a national plan for the development and utilization of renewable energy in accordance with the medium - and long-term total targets for the development and utilization of renewable energy in the country and submit it to the state council for approval before implementation.

The departments for energy administration of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the medium - and long-term goals for the development and utilization of renewable energy in their respective administrative areas, work out plans for the development and utilization of renewable energy in their respective administrative areas in conjunction with the relevant departments of the people's governments at the corresponding levels and submit them to the people's governments at the corresponding levels for approval before implementation.

Approved plans shall be published; However, the contents that need to be kept secret as stipulated by the state are excluded.

If an approved plan needs to be revised, it shall be approved by the original approving organ.

Article 9 in formulating plans for the development and utilization of renewable energy resources, opinions of relevant units, experts and the public shall be solicited and scientific argumentation conducted.

Chapter iii industrial guidance and technical support

Article 10 the competent department of energy under the state council shall, in accordance with the national plan for the development and utilization of renewable energy, formulate and publish a directory of guidelines for the development of the renewable energy industry.

Article 11 the department of standardization administration under the state council shall formulate and promulgate the national technical standards for grid connection of renewable energy power and other national standards for renewable energy technologies and products that need to be unified nationwide.

For technical requirements not specified in the national standards mentioned in the preceding paragraph, the relevant departments under the state council may formulate relevant trade standards and report them to the competent department of standardization administration under the state council for the record.

Article 12 the national renewable energy development and utilization of science and technology research and industrialization development as the development of science and technology and the high technology industry development priority areas, into the national science and technology development plan and high technology industry development plan, and allocate *** to support renewable energy development and utilization of science and technology research, application demonstration and industrialization development, promote the renewable energy development and utilization of technological progress, reduce the production cost of renewable energy products, improve product quality.

The administrative department of education under the state council shall incorporate renewable energy knowledge and technology into the curriculum of general education and vocational education.

Chapter iv promotion and application

Article 13 the state encourages and supports the grid connection of renewable energy sources to generate electricity.

An administrative license or filing for the record shall be obtained in accordance with the law and the provisions of the state council for the construction of a grid-connected power generation project of renewable energy sources.

If there are more than one person applying for the same project license for the construction of a grid-connected power generation project of renewable energy that should be granted an administrative license, the licensee shall be determined through bidding according to law.

Article 14 power grid enterprises shall sign interconnection agreements with renewable energy power generation enterprises that have obtained administrative licenses or submitted for filing in accordance with the law, purchase in full the amount of netted electric quantity of the projects covered by the grid of renewable energy power generation, and provide Internet access services for the generation of renewable energy power.

Article 15 the state shall support the construction of independent renewable energy power systems in areas not covered by power grids to provide power services for local production and living.

Article 16 the state encourages the clean and efficient development and utilization of biomass fuels and encourages the development of energy crops.

If the gas and heat produced by utilizing biomass resources meet the technical standards for the network access of the urban gas pipe network and the heat pipe network, the enterprises operating the gas pipe network and the heat pipe network shall receive their network access.

The state encourages the production and utilization of bio-liquid fuels. The petroleum marketing enterprise shall, in accordance with the provisions of the competent department of energy under the state council or the people's government at the provincial level, include in its fuel marketing system biofuels that meet the national standards.

Article 17 the state encourages units and individuals to install and use solar water heating systems, solar heating and cooling systems, solar photovoltaic power generation systems and other solar energy utilization systems.

The competent administrative department for construction under the state council shall, in conjunction with the relevant departments under the state council, formulate technical and economic policies and technical specifications for the combination of solar energy utilization systems and buildings.

Real estate development enterprises shall, in accordance with the technical specifications specified in the preceding paragraph, provide necessary conditions for the utilization of solar energy in the design and construction of buildings.

For completed buildings, households may install solar energy utilization systems that meet technical specifications and product standards without compromising their quality and safety; Except as otherwise agreed by the parties.

Article 18 the state encourages and supports the development and utilization of renewable energy in rural areas.

Local people's governments at or above the county level of energy management departments jointly with relevant departments, according to the local economic and social development, ecological protection and health actual situation, such as general management needs to develop rural renewable energy development plan, adjust measures to local conditions to promote application of biogas biomass resources transformation, with solar energy, small wind energy, small hydro, etc.

People's governments at or above the county level shall provide financial support for renewable energy utilization projects in rural areas.

Chapter v price control and cost apportionment

Article 19 a feed-in tariff renewable energy power generation projects, by the price administrative department under the State Council according to the characteristics of different types of renewable energy power generation and in different parts of the situation, according to promote renewable energy development and utilization, and determine the economic and reasonable principle, and according to the development of renewable energy development and utilization technology timely adjust. Feed-in tariffs shall be published.

The on-grid electricity price for renewable energy power generation projects subject to tender in accordance with paragraph 3 of article 13 of this law shall be determined at the price determined by winning the bid; However, it shall not be higher than the feed-in tariff level for similar renewable energy power generation projects determined in accordance with the provisions of the preceding paragraph.

Article 20 the cost incurred by a power grid enterprise in purchasing the electricity generated from renewable energy sources at the feed-in tariff determined in accordance with article 19 of this law, which is higher than the difference between the costs incurred in calculating the average feed-in tariff for power generation from conventional energy sources, shall be apportioned in the selling price. Specific measures shall be formulated by the competent pricing department under the state council.

Article 21 the reasonable connection cost and other reasonable related expenses paid by a power grid enterprise for the purchase of renewable energy power may be included in the transmission cost of the power grid enterprise and recovered from the selling electricity price.

Article 22 the selling electricity price for the independent public renewable energy power system invested or subsidized by the state shall be subject to the classified sale electricity price in the same region, and the portion of the reasonable operation and management expenses exceeding the selling electricity price shall be apportioned according to the measures provided for in article 20 of this law.

Article 23 the prices of heat and gas from renewable energy sources entering the urban pipe network shall be determined in accordance with the authority of price control in accordance with the principles conducive to the promotion of the development and utilization of renewable energy sources and economic rationality.

Chapter vi economic incentive and supervision measures

Article 24 the state finance shall establish a special fund for the development of renewable energy to support the following activities:

(1) scientific and technological research, standard-setting and demonstration projects for the development and utilization of renewable energy;

(2) projects for the utilization of renewable energy for domestic use in rural and pastoral areas;

(3) construction of independent power systems for renewable energy sources in remote areas and islands;

(4) construction of resource exploration, evaluation and related information systems for renewable energy;

(5) promoting local production of equipment for the development and utilization of renewable energy.

Article 25 for projects for the development and utilization of renewable energy resources that are listed in the national guidance catalogue for the development of the renewable energy industry and meet the credit requirements, financial institutions may provide preferential loans with discounted financial interest.

Article 26 the state shall give preferential tax treatment to projects listed in the directory of guidance for the development of the renewable energy industry. Specific measures shall be formulated by the state council.

Article 27 electric power enterprises shall truthfully and completely record and preserve relevant data on power generation from renewable energy sources, and accept the inspection and supervision of the electric power regulatory authorities.

When conducting inspections, the power regulatory authorities shall follow the prescribed procedures and keep commercial secrets and other secrets for the units under inspection.

Chapter vii legal liability

Article 28 the power administrative department under the state council and local people's governments at or above the county level of energy management department and other departments in the work of supervision and management of renewable energy development and utilization, in violation of the provisions of this law, has one of the following ACTS, by relevant department of the people's government at the corresponding level or the superior people's government shall be ordered to correct, to the responsible person in charge and other persons directly responsible shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) failing to make a decision on administrative license according to law;

(2) failing to investigate and deal with any illegal act found;

(3) failing to perform other ACTS of supervision and administration according to law.

Article 29 if, in violation of the provisions of article 14 of this law, a power grid enterprise fails to purchase the power generated by renewable energy sources in full, thus causing economic losses to the power generating enterprise, it shall be liable for compensation and shall be ordered by the state power regulatory agency to make corrections within a time limit; If the enterprise refuses to make corrections, it shall be fined less than twice the economic loss of the renewable energy power generation enterprise.

Article 30 in violation of the provisions of the second paragraph of article 16 of this law, the operation of gas pipeline network, thermal network enterprises are not allowed access technology standard gas, thermal network, thereby causing loss to the gas, heat production enterprise economy, shall bear the liability to pay compensation, and by the people's governments at the provincial level energy management department shall order correction within a time limit; If it refuses to make corrections, it shall be imposed a fine of not more than one time of the economic loss of the gas and heat producing enterprise.

Article 31 in violation of the provisions of paragraph 3 of article 16, oil sales enterprises will meet the national standards in accordance with the stipulations of biological liquid fuel into its sales system, thereby causing loss to the biological liquid fuel production enterprise economy, shall be liable for compensation, and by the department in charge of energy or energy management department of the people's government at the provincial level shall order correction within a time limit; Those who refuse to make corrections shall be fined for an amount less than one time of the economic loss of the biofuel producer.

Chapter viii supplementary provisions

Article 32 the meanings of the following terms used in this law are:

(1) biomass energy refers to energy converted from natural plants, feces and urban and rural organic wastes.

(2) "renewable energy independent power system" means a renewable energy power system that is not connected to the power grid and operates independently.

(3) energy crops refer to herbaceous and woody plants specially planted to provide raw materials for energy.

(4) the term "bio-liquid fuel" refers to such liquid fuels as methanol, ethanol and biodiesel produced from biomass resources.

Article 33 this law shall come into force as of January 1, 2006.