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Regulations of Shanghai Municipality on the Conservation of Energy Resources
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| (Adopted at the 5th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on September 22, 1998) Chapter I General Provisions Article 1 With a view to promoting energy conservation in a social scope, raising the rate of effective utilization of energy, protecting the environment and implementing the strategy of sustainable development, these Regulations are formulated in accordance with the Law of the People' s Republic of China on the Conservation of Energy Resources and other laws and administrative regulations, and in the light of actual circumstances of this Municipality. Article 2 The energy resources as mentioned in these Regulations refer to coal, crude oil, natural gas, electric power, coke, coal gas, heating power, refined oil, liquefied petroleum gas, biomass energy and all sources from which useful energy is obtained either directly or by means of processing and conversion. The energy conservation as mentioned in these Regulations refers to the strengthening of management of energy use, the adoption of such measures that are technologically practicable, economically reasonable and socially and environmentally acceptable, with the aim of reducing the loss and waste in every link from energy production to energy consumption, and of utilizing energy resources move effectively and more rationally. Article 3 These Regulations are applicable to the energy conservation and the related administrative activities within the administrative areas of this municipality. Article 4 The energy conservation work of this municipality shall follow the principles of macro control and regulation, management in accordance with law, progress in technology, reduction of consumption, rising of efficiency, mass participation and effective supervision. Article 5 The municipal and district/county people' s governments shall map out, in conformity with the targets of the national economy and social development of this Municipality, an energy conservation plan to regulate, in a rational way, the industrial structure, the enterprise structure, the product structure and the structure of energy consumption, to advance energy-saving techniques, to reduce per-unit-of-output-value energy consumption and per-unit-of-product energy consumption, to improve the exploitation, processing, conversion, transportation and supply of energy recourses to raise progressively rate of effective utilization of energy and to promote the development of national economy towards the one of energy-saving pattern. Article 6 This Municipality encourages the development and utilization of new energy sources and regenerable energy sources, the establishment and perfection of the energy-saving technical service system, and the cultivation and standardization of energy-saving technology markets, and the industrialization of high and new technology of energy-saving products. Article 7 In all trades and professions, the advocating and education about energy conservation shall be strengthened, the scientific knowledge of energy conservation shall be popularized the energy conservation consciousness of all the people shall be heightened, and the whole course of energy conservation work from energy production to energy consumption shall be promoted. Every unit and every individual person shall perform the duty to conserve energy and have the right to inform against any act of squandering energy resources. Article 8 The Shanghai Municipal Economic Commission (hereinafter referred to as the SMEC) is the energy conservation administrative department in charge of the supervision and administration of the energy conservation work within the areas of this municipality. The administrative departments in charge of energy conservation of the district/county people' s governments, professionally guided by the SMEC, shall be responsible for the supervision and administration of the energy conservation work within their respective administrative area. The Shanghai Municipal Energy Conservation Supervisory Center (hereinafter referred to the SMECSC) under the SMEC is responsible for the day-to-day supervisory work of energy conservation and is authorized to enforce administrative punishments in line with these Regulations. Article 9 Municipal administrative departments in charge of planning, science and technology, construction, environmental protection, technical supervision, statistics and finance shall coordinate to accomplish the work of energy conservation according to their respective duties. Chapter II Administration of Energy Conservation Article 10 The municipal and district/county people' s governments shall strengthen their leadership over the energy conservation work and, in the light of the targets of energy conservation, shall periodically deploy, coordinate, supervise, examine and promote the energy conservation work including the rational utilization of energy resources. Article 11 This municipality encourages and supports the industrial development of high added value and low energy consumption industries, while the high energy consuming industry shall be regulated step by step in a planned way or be urged to accelerate the technological transformation to reduce energy consumption. Article 12 The feasibility research report on any project involving investment with fixed assets shall include a special-subject exposition on rational energy utilization or an article (chapter) focusing on energy conservation. The high energy-consuming projects shall be evaluated by qualified consulting services, and the standards of high energy consumption shall be set by the SMEC. The designing and building of the project involving investment with fixed assets shall conform to the standards of rational energy utilization and the design norm of energy conservation. The administrative organs responsible for examination and approval according to law shall not approve the building of the projects that fail to meet the standards of rational energy utilization and the requirements of design norm of energy conservation, and those projects that fail to meet the standards of rational energy utilization and the design norm of energy conservation upon their completion shall not be checked and accepted. Article 13 The SMEC, jointly with other related departments, shall, on the basis of the scientific and rational principle, set the per-unit-of-product energy consumption quota for the high energy-consuming products in the course of production in this municipality. The municipal technical supervisory departments may, on the principle of advanced technology and rational economy, organize the formulating of local standards in the fields where the State and trade standards of energy conservation have not yet been worked out, and shall constantly improve and perfect such standards. Article 14 The units that produce products featuring higher energy consumption must follow the per-unit-of-product energy consumption quota set according to law. Article 15 The units producing or dealing in energy and the units consuming energy shall consolidate their management of energy measurement in accordance with the Metrologies Law of the People' s Republic of China and the relevant stipulations and be equipped with energy metrological apparatuses in the light of the situation of their energy consumption. Article 16 The statistical departments shall, jointly with other related departments, do well in the statistical work of energy consumption and utilization, and issue bulletins on the per-unit-of-product energy consumption and other information in terms of major energy consuming products. The units producing and dealing in energy and the units consuming energy shall strengthen the system of energy consumption statistics and energy utilization analysis. Article 17 This municipality shall encourage the implementation of centralized heating and cooling systems in the newly developed areas and the sections of the old town area planned for reconstruction. Article 18 This municipality encourages the use of clean energy. Within the area surrounded by the inner ring road, new installation of coal-fired boiler is prohibited, while those that still remain in use shall be converted or eliminated within a specified period. Article 19 Any energy-consuming unit with an annual comprehensive consumption of the energy equivalent to that of over 5,000 tons of standard coal shall be a major energy-consuming unit. The SMEC shall organize the related departments to supervise and examine the energy utilization condition of the major energy consuming units. The major energy-consuming units shall regularly send the reports of their energy utilization condition to the administrative departments in charge of energy conservation in line with the relevant provisions of the State. Article 20 The major energy-consuming units shall set up the posts of energy management, appoint energy management personnel from among the people with specialized knowledge, practical experience and professional titles higher than middle rank, and report the appointments registered to the administrative department in charge of energy conservation for the record. The energy management personnel shall be responsible for supervising and examining the situation of energy utilization in their units. Article 21 The units producing or dealing in energy shall supply energy to the energy-consuming units in accordance with the provisions of laws and regulations and the stipulations of the contract. The units producing or dealing in energy may, by economical means, encourage the energy-consuming units or individual persons to make rational use of energy so as to reduce the gross consumption amount of energy and realize the proportionate supply of energy. Article 22 Enterprises may, on the principle of voluntary participation, apply to the official authentication authority for the authentication of the energy conservation quality of their energy-consuming products. They shall be given the authentication certificate of energy conservation quality and the right to use the authentication mark of energy conservation quality after the authentication is granted. No unit and no individual person shall be allowed to use any forged authentication mask of energy conservation quality or to fraudulently use any authentication mark of energy conservation quality. Article 23 A written application shall be submitted to the SMEC for the establishment of any energy conservation inspection and testing services or the undertaking of energy conservation inspection and testing service. The SMEC shall make a decision within 30 days after receiving the application. The applicants who meet the requirements shall be granted an approval with the qualification and quality certificate of energy conservation inspection and testing; those who fail to meet the requirements shall be rejected with an explanation of the reason. The qualification and quality certificate of energy conservation inspection and testing shall not be forged, altered, lent or transferred. Chapter III Technological Progress in Energy Conservation Article 24 The municipal and district/county people' s governments shall, according to the focal point and direction of energy conservation in their respective regions, and bring in line with the governmental development programs for science and technology, high and new technology industrialization, the research of energy-conservation science and technology, and the development and introduction and digestion of the advanced energy-conservation techniques, equipment and materials. Article 25 This municipality encourages and supports the scientific research institutes, universities and colleges, enterprises and institutions, and individuals to research and develop new techniques of energy conservation, to conduct a multi-channel exchange of energy conservation information and techniques internationally and domestically, evolve new techniques of energy conservation and popularize the model energy-saving projects and new energy-saving products. Article 26 In order to raise the rate of effective utilization of energy, the units producing on dealing in energy and the energy consuming units shall actively employ the technically mature and notably effective energy conservation techniques in general and specialized use such as computer control, remote sensing, telemetering, generator speed regulating, centralized heat and cool supply, simultaneous supply of heat, electricity and cool, energy-saving lighting and gradient energy utilization. Article 27 The industrial enterprises shall employ new energy-saving techniques and technology and gradually eliminate the high energy-consumption equipment. In building or renovating boilers and furnaces, and in converting or maintaining pumps, refrigerating equipment and mechanical apparatus, the prescribed technical standards must be attained. This Municipality encourages and supports the industries such as casting, forging, electroplating and heat treatment to carry out specialized production. Article 28 The service trades shall select and use the products or the service forms and items featuring high effective energy utilization rate and low energy consumption on the premise of guaranteeing their service functions, and shall consolidate the management of the use and maintenance of the energy-consuming equipment. Article 29 The units or individual persons that use motor vehicles or ships shall remake or replace the high energy-consuming vehicles or ships as stipulated by laws. Motor vehicles and ships must attain the energy consumption index prescribed by the State. Article 30 Buildings shall be designed and constructed according to the provisions of relevant laws and regulations and administrative regulations by using the energy-saving oriented architectural structure, materials, and appliances and products, improving the heat preservation and insulation performance and reducing the energy consumption of the equipment for heating, cooling, lighting, power, cooking, etc. Article 31 This Municipality shall strengthen the rural construction of energy sources and comprehensive utilization of energy resources, actively develop such new and regenerable energy resources as marsh gas, solar energy and wind energy, and preserve the ecological environment. Article 32 The units that produce energy-using products shall strengthen the designing and development of their products, adopt new techniques, new technology and materials of advanced capabilities, reduce the energy consumption of the products in use, improve the quality of energy conservation products and exploit the market of energy conservation products. The units and individual persons that produce energy-consuming products shall accurately indicate the energy consumption index in the product prospectuses and on the product masks. Article 33 In designing engineering projects or other products, the design units shall not use the energy-consuming products that have been declared obsolete by the State. The units and individual persons who produce and sell energy-consuming products and who use energy-consuming equipment must, within the period specified by the State, stop producing and selling the energy-consuming products which have been declared obsolete by the State and stop using the energy-consuming equipment which has been declared obsolete by the State. The equipment declared obsolete shall not be transferred to anybody else for use. Chapter IV Measures to Ensure Energy Conservation Article 34 The Municipal People' s Government shall draw an energy conservation fund from the funds for capital construction and technological upgrading towards supporting the rational utilization of energy resources and the development of both the new and regenerable energy resources. The district/county people' s governments shall, in the light of actual circumstances, arrange an energy conservation fund towards supporting the rational utilization of energy resources and the development of both the new and regenerable energy resources. The administrative departments in charge of energy conservation shall work out measures to ensure the rational and effective use of the energy conservation funds. Article 35 This municipality encourages units and individual persons to invest in the development of energy-saving products. Making investments in the authorized high and new technology conversion projects of energy conservation and in the new municipal-level energy-saving products listed in the trial production programs of the SMEC and the Municipal Science and Technology Commission may enjoy the preferential treatment as prescribed by laws. Article 36 The major energy-consuming units shall contribute an appropriate proportion of their equipment depreciation funds towards the upgrading of energy conservation technology. Article 37 The municipal and district/county people' s governments shall commend and reward the units and individual persons that have made notable achievements in the work of energy conservation or the scientific and technological research on energy conservation. The units producing or dealing in energy and the energy-consuming units shall give rewards to the collective or individual persons that have made achievements in the work of energy conservation. Article 38 The energy-conservation inspection and testing services shall observe the professional morals and be fair, objective and responsible in providing the energy-consuming units with information on the advanced energy conservation technology and related energy consumption inspection and testing services, and shall submit to the governmental departments concerned the relevant energy consumption data of the energy-consuming units and analytical reports. The enterprises may select, of their own accord, the energy-conservation inspection and testing services and the service items. The energy-conservation inspection and testing services shall not provide compulsory service or extend their service items by compulsory means. Article 39 The trade associations and the related social bodies or organizations shall provide the energy conservation information and other service for the units producing or dealing in energy and the energy-consuming units, present their opinions and proposals to the administrative departments in charge of energy conservation, and protect the legitimate rights and interests of their members. Article 40 The news media shall practice supervision by public opinion over the energy conservation work, publicize the laws and regulations on energy conservation, criticize the phenomena of the extravagant consumption of energy resources and expose the malpractice in the management of energy resources. Chapter V Legal Liability Article 41 Where the design and construction of fixed-assets investment projects fail to meet the standards for rational energy consumption and the design norm of energy conservation in violation of the provisions of Section 2 of Article 12 of these Regulations, the SMECSC shall order the wrongdoer to make the correction within a specified period. Where a fixed-assets investment project, after its completion, fails to meet the standards for rational energy consumption and the design norm of energy conservation in violation of the provisions of Section 3 of Article 12 of these Regulations, the SMECSC shall order the wrongdoer to make the correction within a specified period, and, if the case is serious, may ask the departments in charge for an investigation of the liabilities of the construction unit and the design units. Article 42 Where the units that produce the products featuring higher energy consumption go beyond the per-unit-output-energy-consumption quota to a serious extent in violation of the provisions of Article 14 of these Regulations and fail to take effective control measures within the specified period after being instructed to do so, or fail to meet the control requirement, the administrative departments of the district/county people' s government in charge of energy conservation may propose and report to the people' s government at the same level with the request to order these units to suspend operation for rectification or close down in accordance with the competence as prescribed by the State Council. Article 43 Where the units, acting in violation of the provisions of Article 18 of these Regulations, build new coal-fired boilers within the area surrounded by the inner ring road, the SMECSC shall order them to stop building or using the above-said boilers, and shall impose on them a fine of 5,000 yuan per steam ton of the boiler. Article 44 Where the units producing or dealing in energy stop or reduce their energy supply without authorization in violation of the provisions of Section 1 of Article 21 of these Regulations, or fail to meet the standards for the quality of energy supply, the SMECSC shall order them to make the correction within a specified period. Any such unit that inflicts losses on the energy-consuming units and individual person shall bear the civil liability according to the relevant laws and regulations. Any act of breach of the contract for energy supply shall be handled according to the provisions of relevant laws and regulations or the contract. Article 45 Those who use the forged authentication mark of energy conservation quality or fraudulently use the authentication mark of energy conservation quality in violation of the provisions of Section 2 of Article 22 of these Regulations shall be ordered according to law by the technical supervisory department to make the public correction. Their illegal gains shall be confiscated and a fine of 1 to 5 times of the amount of the illegal gains may be imposed concurrently. Article 46 Those who fail to reach the prescribed technical standards in building or converting boilers and furnaces or in converting or maintaining such mechanical apparatus as pumps and refrigerating equipment in violation of the provisions of Section 1 of Article 27 of these Regulations shall be ordered by the municipal technical supervisory departments to make the correction within a specified period and shall be punished in accordance with the relevant laws and regulations. Article 47 Those who fail to indicate the energy consumption index in the product prospectuses and on the product marks in violation of the provisions of Sections 2 of Article 32 of these Regulations shall be ordered according to law by the technical supervisory departments to make the correction in a specified period and may be fined a sum of not less than 5,000 yuan but not more than 50,000 yuan. Where the energy consumption index indicated in the product prospectuses and on the product marks do not agree with the actual condition of the products in violation of the provisions of Section 2 of Article 32 of these Regulations, the units concerned, in addition to being punished as prescribed in the provisions of the above Section, shall bear the civil liability according to the provisions of the relevant laws. Article 48 The design units that use in their design the energy-consuming products which have been declared obsolete by the State in violation of the provisions of Section 1 of Article 33 of these Regulations shall be ordered by the SMECSC to make the correction, and shall be handled according to the relevant provisions of the State laws if any consequence results. Article 49 Those who produce and sell the energy-consuming products that have been declared obsolete by the State in violation of the provisions of Section 2 of Article 33 of these Regulations shall be ordered according to law by the technical supervisory departments to stop producing and selling the energy-consuming products declared obsolete by the State. The illegally produced and sold products declared obsolete by the State and the illegal gains derived therefrom shall be confiscated and a fine more than 1 time but less than 5 times the amount illegally gained shall be imposed. The municipal or the district/county industrial and commercial administrative department may revoke the business license of the wrongdoer according to law. Article 50 Those who use the energy-consuming equipment that has been declared obsolete by the State in violation of the provisions of Section 2 of Article 33 of these Regulations shall be ordered according to law by the municipal or district/county energy conservation administrative departments to stop such use. The energy equipment declared obsolete by the State shall be confiscated. If the case is serious, the energy conservation administrative competent departments of the municipal or district/county people' s governments may propose and report to the people' s government at the same level with the request of the Government to order the wrongdoer to suspend operation for rectification or close down in accordance with the competence as prescribed by the State Council. Article 51 Where the obsolete energy-consuming equipment is transferred to others in violation of the provisions of Section 2 of Article 33 of these Regulations, the illegal gains shall be confiscated according to law by the technical supervisory department and a fine more than 1 time but less than 5 times the amount of the illegal gains shall be imposed. Article 52 The SMECSC shall mete out punishments on the energy-conservation testing services for any of the following acts of violating the provisions of Article 23 and Article 38 of these Regulations by warning, and confiscating their illegal gains, and may concurrently impose a fine of not less than 5,000 yuan but not more than 50,000 yuan: 1. Going beyond the approved scope of energy-conservation service or changing their business operation without authorization; 2. Providing service or extending their service items by compulsory means; 3. Forging, altering, lending or transferring the qualification and quality certificate of the energy-conservation inspection and testing; or 4. Providing false testing certificates. In the case of anyone who commits the wrongful act as listed in Item 3 mentioned above, the SMECSC shall also confiscate the qualification and quality certificate of energy-conservation inspection and testing that has been forged, altered, lent or transferred. In the case of those who are engaged in the service of inspection and testing without having obtained the qualification and quality certificate of the energy-conservation inspection and testing, the SMECSC shall give them a warning, confiscate their illegal gains, and may concurrently impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. Article 53 The department or organization that metes out an administrative punishment shall issue a written notice of decision on imposing such an administrative punishment, and shall issue receipts exclusively printed by the municipal finance department when collecting fines or confiscating money or goods. The fines and confiscated money collected shall be turned over to the State Treasury. Article 54 The party concerned that refuses to accept the specific administrative act may apply for review according to the Regulations on Administrative Review or bring a lawsuit according to the Administrative Litigation Law of the People' s Republic of China. If the party concerned does not apply for review or bring a lawsuit, nor perform the administrative decision within the stipulated period, the department or organization that performs the specific administrative act may apply to the people' s court for enforcement. Article 55 Those who refuse to allow the energy supervisory personnel to perform their duties according to law or obstruct them from doing so in violation of the Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment shall be handled by the public security departments according to law. If the case is serious enough to constitute a crime, the wrongdoers shall be prosecuted for their criminal liability according to law. Article 56 Supervisory personnel of energy conservation who have neglected their duties, abused their power or acted wrongfully for selfish ends shall be given administrative penalties by their units or higher authorities; those whose act constitutes a crime shall be prosecuted for their criminal liability according to law. Chapter VI Supplementary Provisions Article 57 These Regulations shall become effective on October 15, 1998. The Interim Provisions of Shanghai Municipality on the Energy Conservation of the Industrial Enterprises approved by the 14th Session of the Standing Committee of the 8th Shanghai Municipal People' s Congress on April 18, 1985 shall be repealed on the same date. |
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