Renewable Energy Law of the People's Republic of China

2023-03-16 15:45:00 views:0

(Adopted at the 14th meeting of the Standing Committee of the Tenth National People's Congress on February 28, 2005 and amended in accordance with the Decision on Amending the Renewable Energy Law of the People's Republic of China adopted at the 12th meeting of the Standing Committee of the Eleventh National People's Congress on December 26, 2009)


catalogue


Chapter I General Provisions


Chapter II Resource Survey and Development Planning


Chapter III Industrial Guidance and Technical Support


Chapter IV Promotion and Application


Chapter V Price Management and Cost Compensation


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 for the purpose of promoting the development and utilization of renewable energy, increasing energy supply, improving energy structure, ensuring energy security, protecting the environment, and realizing sustainable economic and social development.


Article 2 The term "renewable energy" as used in this Law refers to non-fossil energy such as wind energy, solar energy, water energy, biomass energy, geothermal energy, marine energy, etc.


The application of hydropower to this Law shall be prescribed by the competent energy department of the State Council and submitted to the State Council for approval.


This Law does not apply to the use of straw, firewood, dung, etc. by direct combustion of 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 lists the development and utilization of renewable energy as a priority area of energy development, and promotes the establishment and development of the renewable energy market by setting targets for the total amount of renewable energy development and utilization and taking corresponding measures.


The State encourages economic entities of all forms of ownership to participate in the development and utilization of renewable energy, and protects the legitimate rights and interests of those who develop and utilize renewable energy according to law.


Article 5 The competent energy department of the State Council shall exercise unified management over the development and utilization of renewable energy throughout the country. The relevant departments of the State Council shall be responsible for the management of the development and utilization of renewable energy within their respective responsibilities.


The energy management department of the local people's government at or above the county level shall be responsible for the management of the development and utilization of renewable energy within its administrative area. The relevant departments of the local people's governments at or above the county level shall be responsible for the management of the development and utilization of renewable energy within the scope of their respective responsibilities.


Chapter II Resource Survey and Development Planning


Article 6 The competent energy department of the State Council is responsible for organizing and coordinating the national investigation of renewable energy resources, and organizing the formulation of technical specifications for the investigation of resources together with the relevant departments of the State Council.


The relevant departments of the State Council shall be responsible for the investigation of relevant renewable energy resources within the scope of their respective responsibilities, and the investigation results shall be submitted to the competent energy department of the State Council for summary.


The survey results of renewable energy resources shall be published; However, the contents that need to be kept confidential according to national regulations are excluded.


Article 7 The competent energy department of the State Council shall, in accordance with the national energy demand and the actual situation of renewable energy resources, formulate the national medium and long-term total target for the development and utilization of renewable energy, which shall be implemented after being approved by the State Council and published.


The competent department of energy under the State Council shall, in accordance with the total amount target specified in the preceding paragraph and the actual situation of the economic development and renewable energy resources of provinces, autonomous regions and municipalities directly under the Central Government, jointly 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 each administrative region and publish them.


Article 8 The competent energy department of the State Council shall, in conjunction with the relevant departments of the State Council, formulate a national plan for the development and utilization of renewable energy in accordance with the medium - and long-term overall targets for the development and utilization of renewable energy and the development of renewable energy technologies, and submit it to the State Council for approval before implementation.


The relevant departments of the State Council shall formulate relevant plans that are conducive to promoting the realization of the medium - and long-term total targets for the development and utilization of renewable energy throughout the country.


The energy management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, in conjunction with the relevant departments of the people's governments at the corresponding levels, shall, in accordance with the national renewable energy development and utilization plan and the medium and long-term objectives of the development and utilization of renewable energy in their respective administrative regions, formulate the development and utilization plan of renewable energy in their respective administrative regions, which shall be submitted to the competent energy department of the State Council and the national power regulatory authority for the record after being approved by the people's governments at the corresponding levels, and organize the implementation.


The approved plan shall be published; However, the contents that need to be kept confidential according to national regulations are excluded.


"If an approved plan needs to be modified, it must be approved by the original approving authority.".


Article 9 The development and utilization plan of renewable energy shall follow the principles of adjusting measures to local conditions, overall consideration, rational layout and orderly development, and make overall arrangements for the development and utilization of wind energy, solar energy, hydropower, biomass energy, geothermal energy, marine energy and other renewable energy. The planning contents shall include development objectives, main tasks, regional layout, key projects, implementation progress, supporting power grid construction, service system and safeguard measures.


The organization and compilation organ shall solicit the opinions of relevant units, experts and the public and conduct scientific argumentation.


Chapter III Industrial Guidance and Technical Support


Article 10 The competent energy department of the State Council shall, in accordance with the national plan for the development and utilization of renewable energy, formulate and publish the directory for the development of renewable energy industry.


Article 11 The administrative department for standardization under the State Council shall formulate and publish the national technical standards for grid connection of renewable energy power and other national standards for renewable energy technologies and products that need to unify technical requirements nationwide.


For technical requirements not specified in the national standards specified in the preceding paragraph, the relevant departments of the State Council may formulate relevant industrial standards and report them to the standardization administrative department of the State Council for the record.


Article 12 The State lists the scientific and technological research and industrialization development of renewable energy development and utilization as the priority fields of scientific and technological development and high-tech industry development, and incorporates them into the national scientific and technological development plan and high-tech industry development plan, and arranges funds to support the scientific and technological research, application demonstration and industrialization development of renewable energy development and utilization, and promotes the technological progress of renewable energy development and utilization, Reduce the production cost of renewable energy products and improve product quality.


The education administrative department of 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 renewable energy grid-connected power generation.


The construction of renewable energy grid-connected power generation projects shall be subject to administrative licensing or filing in accordance with laws and regulations of the State Council.


For the construction of renewable energy grid-connected power generation projects that should obtain administrative license, if more than one person applies for the same project license, the licensee shall be determined through bidding according to law.


Article 14 The State implements the system of fully guaranteed acquisition of renewable energy power generation.


The competent energy department of the State Council, together with the national power regulatory authority and the financial department of the State Council, shall, in accordance with the national renewable energy development and utilization plan, determine the proportion of the renewable energy power generation that should be achieved in the planning period to the total power generation, and formulate specific measures for grid enterprises to give priority to dispatching and fully purchase renewable energy power generation, and the competent energy department of the State Council, together with the national power regulatory authority, shall supervise and urge the implementation in the middle of the year.


The power grid enterprise shall sign a grid-connection agreement with the renewable energy power generation enterprise that has obtained the administrative license or submitted for filing according to the renewable energy development and utilization plan, and fully purchase the on-grid electricity of the renewable energy grid-connected power generation project within the scope of its power grid that meets the technical standards of the combined grid. Power generation enterprises have the obligation to cooperate with power grid enterprises to ensure power grid security.


Power grid enterprises should strengthen grid construction, expand the scope of renewable energy power allocation, develop and apply smart grid, energy storage and other technologies, improve grid operation management, improve the ability to absorb renewable energy power, and provide online services for renewable energy power generation.


Article 15 The State supports the construction of independent renewable energy power systems in areas not covered by the power grid to provide electric 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 from biomass resources meet the technical standards for access to urban gas and heat networks, enterprises operating gas and heat networks should receive their access.".


The State encourages the production and utilization of biological liquid fuels. The petroleum marketing enterprise shall, in accordance with the provisions of the competent energy department of the State Council or the provincial people's government, incorporate the bio-liquid fuel that meets the national standards into its fuel sales system.


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 construction administrative department of the State Council shall, together with the relevant departments of the State Council, formulate technical and economic policies and technical specifications for the integration of solar energy utilization systems and buildings.


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


For completed buildings, residents can install solar energy utilization systems that meet technical specifications and product standards without affecting their quality and safety; However, unless otherwise agreed by the parties.


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


The energy management department of the local people's government at or above the county level, together with the relevant departments, formulates the development plan of renewable energy in rural areas according to the actual situation of local economic and social development, ecological protection and comprehensive health treatment needs, and promotes the application of biogas and other biomass resources conversion, household solar energy, small wind energy, small hydropower and other technologies according to local conditions.


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


Chapter V Price Management and Cost Compensation


Article 19 The on-grid electricity price of renewable energy power generation projects shall be determined by the competent pricing department of the State Council according to the characteristics of different types of renewable energy power generation and the conditions of different regions, in accordance with the principle of promoting the development and utilization of renewable energy and economic rationality, and shall be adjusted in due time according to the development of renewable energy development and utilization technology. The on-grid electricity price shall be announced.


The on-grid electricity price of renewable energy power generation projects subject to bidding in accordance with the provisions of the third paragraph of Article 13 of this Law shall be implemented according to the price determined after winning the bid; However, it shall not be higher than the on-grid electricity price level of similar renewable energy power generation projects determined in accordance with the provisions of the preceding paragraph.


Article 20 The difference between the costs incurred by a power grid enterprise in purchasing renewable energy power at the on-grid electricity price determined in accordance with the provisions of Article 19 of this Law and the costs incurred in calculating the average on-grid electricity price of conventional energy power generation shall be compensated by collecting renewable energy electricity price on the sales of electricity nationwide.


Article 21 The reasonable grid connection costs and other reasonable related costs paid by power grid enterprises for the purchase of renewable energy energy can be included in the transmission costs of power grid enterprises and recovered from the sales price.


Article 22 The sale price of the public renewable energy independent power system invested or subsidized by the State shall be subject to the classified sale price of the same area, and the part of its reasonable operation and management costs exceeding the sale price shall be compensated in accordance with the provisions of Article 20 of this Law.


Article 23 The price of renewable energy heat and gas entering the urban pipe network shall be determined according to the authority of price management in accordance with the principle of facilitating the development and utilization of renewable energy and being economical and reasonable.


Chapter VI Economic Incentive and Supervision Measures


Article 24 The state finance shall establish a renewable energy development fund, the sources of which include the special funds arranged by the state in the fiscal year and the additional income from the electricity price of renewable energy collected according to law.


The renewable energy development fund shall be used to compensate for the difference costs specified in Articles 20 and 22 of this Law, and to support the following matters:


(1) Scientific and technological research, standard formulation and demonstration projects for the development and utilization of renewable energy;


(2) Renewable energy utilization projects in rural and pastoral areas;


(3) Construction of independent renewable energy power system in remote areas and islands;


(4) Exploration and evaluation of renewable energy resources and construction of relevant information systems;


(5) Promote the localized production of renewable energy development and utilization equipment.


If the grid connection costs and other related costs specified in Article 21 of this Law cannot be recovered by selling electricity prices, the grid enterprise may apply for subsidies from the renewable energy development fund.


The specific measures for the collection, use and management of renewable energy development funds shall be formulated by the financial department of the State Council in conjunction with the competent energy and price departments of the State Council.


Article 25 For renewable energy development and utilization projects listed in the national renewable energy industry development guidance catalogue and eligible for credit, financial institutions may provide preferential loans with financial discount.


Article 26 The State gives preferential tax treatment to the projects listed in the development guidance catalogue of renewable energy industry. The specific measures shall be formulated by the State Council.


Article 27 Electric power enterprises shall truthfully and completely record and preserve the relevant data of renewable energy power generation, and accept the inspection and supervision of the power regulatory authority.


When conducting inspection, the power regulatory authority shall carry out the inspection in accordance with the prescribed procedures and keep the business secrets and other secrets for the inspected unit.


Chapter VII Legal Liability


Article 28 If the competent department of energy under the State Council, the department of energy administration of the local people's government at or above the county level and other relevant departments, in violation of the provisions of this Law, commit one of the following acts in the supervision and administration of the development and utilization of renewable energy, the people's government at the same level or the relevant departments of the people's government at the next higher level shall order them to make corrections, and the responsible persons in charge and other directly responsible persons shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:


(1) Failing to make an administrative license decision according to law;


(2) Failing to investigate and deal with illegal acts;


(3) Other acts that fail to perform the supervision and management duties according to law.


Article 29 If a power grid enterprise violates the provisions of Article 14 of this Law and fails to complete the purchase of renewable energy electricity in accordance with the provisions, thus causing economic losses to the renewable energy power generation enterprise, it shall bear the liability for compensation, and the state power regulatory authority shall order it to make corrections within a time limit; If it refuses to make corrections, it shall be fined not more 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, enterprises operating gas and heat pipe networks are not allowed to allow gas and heat that meet the technical standards for access to the network, thus causing economic losses to the gas and heat production enterprises, they shall be liable for compensation, and the energy management department of the provincial people's government shall order them to make corrections within a time limit; If it refuses to make corrections, it shall be fined not more than twice the economic losses of the fuel gas and heat production enterprises.


Article 31 If an oil marketing enterprise, in violation of the provisions of the third paragraph of Article 16 of this Law, fails to incorporate the bio-liquid fuel that meets the national standards into its fuel sales system in accordance with the provisions, thus causing economic losses to the bio-liquid fuel production enterprise, it shall bear the liability for compensation, and the competent department of energy under the State Council or the department of energy administration of the provincial people's government shall order it to make corrections within a time limit; If it refuses to make corrections, it shall be fined not more than one time of the economic losses of the biological liquid fuel production enterprise.


Chapter VIII Supplementary Provisions


Article 32 The meaning of the following terms in this Law:


(1) Biomass energy refers to the energy converted from natural plants, dung and urban and rural organic waste.


(2) The renewable energy independent power system refers to the renewable energy power system that is not connected to the power grid and operates independently.


(3) Energy crops refer to those specially planted for