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1、Statute TitleLaw of the Peoples Republic of China on Regenerable Energy Resources (2009 Amendment) (2009) EffectivePromulgation date:12-26-2009Effective date:01-01-2006Department:Standing Committee of the National Peoples CongressSubject:Energy2009-12-262006-01-01Law of the Peoples Republic of China
2、 on Regenerable Energy Resources(Adopted at the 14th Meeting the Standing Committee of the Tenth National Peoples Congress on February 28, 2005; Amended according to the Decision of the 12th Meeting of the Standing Committee of the 11th National Peoples Congress of the Peoples Republic of China on D
3、ecember 26, 2009)ContentsChapter I General ProvisionsChapter II Resources Investigation and Development PlanningChapter III Industrial Guidance and Technical SupportChapter IV Popularization and ApplicationChapter V Price Control and Cost ApportionmentChapter VI Economic Incentives and Supervisory M
4、easuresChapter VII Legal ResponsibilitiesChapter VIII Supplementary Provisions200522820091226Chapter I General ProvisionsArticle 1 This Law is enacted for the purpose of promoting the development and utilization of regenerable energies, increasing the supply of energy, improving the structure of ene
5、rgy, safeguarding the safety of energy, protecting environment and realizing a sustainable economic and social development.Article 2 For the purpose of this Law, regenerable energies refers to non-fossil energies, such as wind energy, solar energy, hydroenergy, bioenergy, geothermal energy and ocean
6、 energy, etc.The application of this Law relating to hydropower shall be set forth by the administrative department of energy of the State Council and be submitted to the State Council for approval.This Law shall not apply to the utilization of straws or stalks, firewood or dung in the form of direc
7、t burning through an inefficient cooking range.Article 3 This Law shall apply to the territory and other sea areas under the jurisdiction of the Peoples Republic of China.Article 4 The state shall give priority to the development and utilization of regenerable energies in energy development and prom
8、ote the establishment and development of the regenerable energy market by setting an overall target for the development and utilization of regenerable energies and adopting corresponding measures.The state shall encourage economic subjects of different ownership to participate in the development and
9、 utilization of regenerable energies and shall protect the legitimate rights and interests of those who develop and utilize regenerable energies.Article 5 The administrative department of energy of the State Council shall conduct unified administration of the development and utilization of regenerab
10、le energies throughout the country. Other relevant departments of the State Council shall, according to their respective functions and duties, conduct administration of the development and utilization of the relevant regenerable energies.The administrative departments in charge of the energy work of
11、 the local peoples governments at and above the county level shall conduct administration of the development and utilization of regenerable energies in their respective administrative regions. Other relevant departments of the local peoples governments at and above the county level shall, according
12、to their respective functions and duties, conduct administration of the development and utilization of the relevant regenerable energies.Chapter II Resources Investigation and Development PlanningArticle 6 The administrative department of energy of the State Council shall organize and coordinate the
13、 investigation of regenerable energies throughout the country and, in conjunction with other relevant departments of the State Council, organize the formulation of the technical criteria for resources investigations.Other relevant departments of the State Council shall, according to their respective
14、 functions and duties, take charge of the investigation of the relevant regenerable energies and submit the investigation results to the administrative department of energy of the State Council.All results of the investigation of regenerable energies shall be published except those that the state re
15、quires to keep confidential.Article 7 The administrative department of energy of the State Council shall, in light of the energy demand and the status of the regenerable energies throughout the country, formulate a national long- and medium-term total target for the development and utilization of re
16、generable energies, submit it to the State Council for approval, and publish and implement it after it has been approved by the State Council.The administrative department of energy of the State Council shall, according to the total target as set according to the preceding paragraph and in light of
17、the economic development and the conditions about the regenerable energies of each province, autonomous region and municipality directly under the Central Government, and in conjunction with the peoples government of each province, autonomous region and municipality directly under the Central Govern
18、ment, fix and publish a long- and medium-term target for the development and utilization of regenerable energies for each administrative region.Article 8 The energy department of the State Council shall, according to the national mid- and long-term total target for the development and utilization of
19、 regenerable energy resources and the development status of regenerable energy technologies, work out a national plan for the development and utilization of regenerable energy resources together with other relevant departments of the State Council, submit it to the State Council for approval, and im
20、plement it after it is approved by the State Council.The relevant departments of the State Council shall make relevant plans facilitating the realization of the national mid- and long-term total target for the development and utilization of regenerable energy resources.The administrative departments
21、 in charge of the energy work of the peoples governments of all provinces, autonomous regions and municipalities directly under the Central Government shall, according to the national plan for the development and utilization of regenerable energy resources and the mid- and long-term target for the d
22、evelopment and utilization of regenerable energy resources for their respective administrative regions, work out plans for the development and utilization of regenerable energy resources for their respective administration regions together with other relevant departments of the peoples governments a
23、t the same level, submit them to the peoples governments at the same level for approval and the energy department of the State Council and the State Electricity Regulatory Commission for archival purposes, and implement them after they are approved.Any approved planning shall be published except tho
24、se that the state requires to keep confidential.Any amendment to an approved planning shall be subject to the approval of the original approving organ.Article 9 To work out a plan for the development and utilization of regenerable energy resources, it needs to follow the principles of adjusting meas
25、ures to local conditions, taking all factors into consideration, realizing reasonable layout and sticking to orderly development, and make overall plans for the development and utilization of wind energy, solar energy, water energy, biomass energy, geothermal energy, ocean energy and other regenerab
26、le energy resources. The plan shall contain the development targets, major tasks, regional layout, key projects, progress, construction of associated power network, service systems, safeguards, etc. The department responsible for working out the plan shall solicit comments from relevant entities, ex
27、perts and the general public, and shall conduct scientific assessment.Chapter III Industrial Guidance and Technical SupportArticle 10 The administrative department of energy of the State Council shall, according to the national planning for the development and utilization of regenerable energies, fo
28、rmulate and publish a regenerable energy resource industry development guidance catalogue.Article 11 The administrative department of standardization of the State Council shall formulate and publish national technical standards for grid synchronization of electricity generated by using regenerable e
29、nergies and national standards for other techniques and products relating to regenerable energies for which there should be nationally uniform technical standards.With regard to any matter not covered by the national standards as mentioned in the preceding paragraph, the relevant department of the S
30、tate Council may formulate relevant industrial standards and submit them to the administrative department of standardization of the State Council for archival purposes.Article 12 In the development of science and technology and high-tech industrial development, the state shall give priority to the s
31、cientific and technological research in, and the industrialization of, the development and utilization of regenerable resources, incorporate the said research and development and utilization into the national scientific and technological development planning and high-tech industrial development plan
32、ning, arrange for funds to support the scientific and technological research in, and application, demonstration and industrialization of, the development and utilization of regenerable energies, promote the progress of the technology relating to the development and utilization of regenerable energie
33、s, decrease the production cost of the products of regenerable energies, and enhance the product quality.The administrative department of education of the State Council shall incorporate the knowledge and technology relating to regenerable energies into the courses of both general and vocational edu
34、cation. Chapter IV Popularization and ApplicationArticle 13 The state shall encourage and support grid synchronization of power generated by using regenerable energies.Anyone who wishes to construct a project of synchronized electricity generation by using regenerable energies shall obtain an admini
35、strative license or report the project for archival purposes in accordance with the relevant laws and the relevant provisions of the State Council.Where two or more persons apply for an identical project as mentioned above which is subject to administrative licensing, the licensee shall be determined through public bidding.Article 14 The stat