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Renewable Energy Law Of The People's Republic Of China (Amended 2009)

 

The "Decision of the Standing Committee of the National People's Congress on Amending the 'Renewable Energy Law of the People's Republic of China'" was passed at the twelfth meeting of the Eleventh Standing Committee of the National People's Congress of the People's Republic of China on 26 December 2009 and is hereby promulgated with effect on 1 April 2010.

 

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

 

26 December 2009

 

Renewable Energy Law Of The People's Republic Of China

 

(Enacted at the fourteenth meeting of the Tenth Standing Committee of the National People's Congress of the People's Republic of China on 28 February 2005 and amended at the twelfth meeting of the Eleventh Standing Committee of the National People's Congress of the People's Republic of China on 26 December 2009 in its "Decision on Amending the 'Renewable Energy Law of the People's Republic of China'")

 

Table of Contents

 

Chapter I General Principles

 

Chapter II Resources Research and Development Plans

 

Chapter III Industrial Guidelines and Technical Support

 

Chapter IV Promotion and Application

 

Chapter V Fees and Subsidization

 

Chapter VI Economic Incentives and Supervision

 

Chapter VII Legal Liability

 

Chapter VIII Miscellaneous

 

Chapter I General Principles

 

Article 1 The Law is intended to advance the development and use of renewable energy, increase the supply of energy, improve the energy structure, maintain the energy security, protect the environment and realize the economic and social sustainable development.

 

Article 2 For the purpose of the Law, renewable energy includes wind energy, solar energy, hydraulic energy, biomass energy, geothermal energy, oceanic energy and other non-fossil energy.

 

The applicability of the Law to hydroelectric power generation is to be determined by the department of energy under the State Council subject to the State Council's approval.

 

Stalks, matchwood, manure and other less powerful materials that are directly burned under stoves do not fall within the scope of the Law.

 

Article 3 The Law applies within the territories and territorial waters of the People's Republic of China.

 

Article 4 The State shall give priority to the development and use of renewable energy in the area of energy development, and shall encourage the establishment and development of the renewable energy market by effecting targets for the total development and use of renewable energy and taking measures accordingly.

 

Article 5 The department of energy under the State Council shall centrally administer the development and use of renewable energy throughout the country. The relevant departments under the State Council shall administer the development and use of renewable energy within the scope of their own duties.

 

The departments of energy under the local governments at the township level or above shall administer the development and use of renewable energy within their own administrative regions. The relevant departments under the local governments at the township level or above shall administer the development and use of renewable energy within the scope of their own duties.

 

Chapter II Resources Research and Development Plans

 

Article 6 The department of energy under the State Council shall be responsible for organizing and facilitating renewable energy resources research throughout the country, and shall act jointly with other relevant departments under the State Council to decide the technical specifications for organizing and designing such research.

 

The relevant departments under the State Council shall be responsible for the renewable energy resources research within the scope of their own duties, and shall report the research results to the department of energy under the State Council.

 

The renewable energy resources research results will be announced to the public, except for the results that must be kept in confidence as statutorily required.

 

Article 7 The department of energy under the State Council shall determine the national mid-term and long-term targets for the total development and use of renewable energy in accordance with the demand for energy in the country as well as the actual renewable energy status, and shall effect and announce such targets upon the approval of the State Council.

 

The department of energy under the State Council shall act jointly with the provincial, autonomous regional and municipal people's governments to determine and announce the mid-term and long-term targets for the development and use of renewable energy within their administrative regions in accordance with the national targets as decided under the forgoing paragraph as well as the economic development and actual renewable energy status in each province, autonomous region and municipality.

 

Article 8 The department of energy under the State Council shall act jointly with the relevant departments under the State Council to draft and, upon the approval of the State Council, implement the national plans for the development and use of renewable energy based on the national mid-term and long-term targets for the total development and use of renewable energy as well as the development of the renewable energy technology.

 

The relevant departments under the State Council shall also make the plans that may assist in achieving the national mid-term and long-term targets for the total development and use of renewable energy.

 

The departments of energy under the provincial, autonomous regional and municipal people's governments shall act jointly with the relevant departments under the people's government at the same administrative level to draft the plans for the development and use of renewable energy within their own administrative regions based on the national plans for the development and use of renewable energy as well as the mid-term and long-term targets for the total development and use of renewable energy within their own administrative regions. Upon the approval of the people's governments at the same administrative level, the plans for the development and use of renewable energy within such administrative regions must be filed with the department of energy under the State Council and the national electricity regulatory bodies for implementation.

 

The approved plans shall be announced to the public, except for the plans that must be kept in confidence as statutorily required.

 

The permission of the original approving authorities is required for any amendments to approved plans.

 

Article 9 In the course of drafting the plans for the development and use of renewable energy, the local factors, coordination issues, reasonable planning and priority must be considered for the purposes of organizing and arranging the development and use of wind energy, solar energy, hydraulic energy, biomass energy, geothermal energy, oceanic energy and other renewable energy. Such plans must include the development objectives, major tasks, district planning, major projects, progress, construction of power grids, types of services and security measures.

 

The departments responsible for drafting such plans shall consult the relevant authorities, experts and public, and shall use scientific approaches.

 

Chapter III Industrial Guidelines and Technical Support

 

Article 10 The department of energy under the State Council shall draft and announce the catalogues on guiding the development of the renewable energy industry in accordance with the national plan for the development and use of renewable energy.

 

Article 11 The department of standardization under the State Council shall draft and announce the national technical standards for electricity generation and connection with renewable energy as well as other national standards that are applicable to renewable energy technology and products throughout the country as they may be required.

 

For the technical requirements which are not expressed in the national standards announced under the forging paragraph, the relevant departments under the State Council may draft and file the relevant industrial standards with the department of standardization under the State Council.

 

Article 12 The State shall give priority to the scientific research and industrial application in connection with the development and use of renewable energy in the areas of the scientific development and high-tech industrial development. The State shall include such scientific research and industrial application into the national scientific development plans and high-tech industrial development plans, and shall raise funds to support the scientific research, sample application and industrialization with respect to the development and use of renewable energy for the purposes of advancing the technology in the development and use of renewable energy, lowering the costs of producing renewable energy products and improve the qualify of such products.

 

The department of education under the State Council shall include the knowledge and technology of renewable energy into general education and occupational training programmes.

 

Chapter IV Promotion and Application

 

Article 13 The State shall encourage and support electricity generation and connection with renewable energy.

 

Construction projects for electricity generation and connection with renewable energy must be licensed or filed in accordance with the statutory provisions and the State Council's regulations.

 

Should there be more than one applicant interested in the same construction project for electricity generation and connection with renewable energy for which a licence is required, a tender must be open to select a successful applicant in accordance with the statutory requirements.

 

Article 14 The State shall implement a system that guarantees the purchase of electricity generated with renewable energy at the full value.

 

The department of energy under the State Council shall act jointly with the national electricity regulatory bodies and department of finance under the State Council to determine the ratios of electricity generated with renewable energy to the total electricity generation during the national plans for the development and use of renewable energy, and to create practical rules on the priority given to power grid enterprises in electricity transmissions as well as purchase of electricity generated with renewable energy at full value. Such practical rules will be enforced under the supervision of the department of energy under the State Council and national electricity regulatory bodies.

 

Power grid enterprises shall sign electricity connection agreements with the officially licensed or enrolled renewable energy power generation enterprises which are established in line with the plans for the development and use of renewable energy, and shall within the coverage of their power grids purchase at full value electricity generated with renewable energy that meet the technical standards for electricity connection and generation. Electricity generating enterprises are obliged to cooperate with power grid enterprises in maintaining power grid safety.

 

Power grid enterprises shall improve their power grid construction, expand the coverage of the distribution of electricity generated with renewable energy, develop and apply the technologies relating to artificial intelligent power grids and storage, enhance power grid operation and management, increase the capacity of receiving electricity generated with renewable energy and provide services for connecting electricity generated with renewable energy.

 

Article 15 The State shall support the areas which are not covered by power grids to construct independent renewable energy power generation systems to provide electricity services for local manufacturing and social activities.

 

Article 16 The State shall encourage the development and use of clean and powerful biomass fuel as well as the growth of plants to be used for providing energy.

 

Operators of gas pipelines and heat supply pipelines shall accept gas and heat supply that is made of biomass resources and meet the technical standards for connection of urban gas pipelines and heat supply pipelines.

 

The State shall encourage production and use of biomass liquid fuel. Oil seller shall follow the instructions given by the department of energy under the State Council or the provincial people's governments to sell biomass liquid fuel in their fuel selling activities.

 

Article 17 The State shall encourage organizations and individuals to install and use solar heat water supply systems, solar heat supply and air-conditioning systems, solar electricity supply systems and other systems powered by solar energy.

 

The department of construction under the State Council shall act jointly with other departments under the State Council to create economic policies and technical specifications for incorporation of solar systems in constructions.

 

Property developers shall follow the technical specifications stated in the forging paragraph to provide the necessary conditions enabling the use of solar energy in the course of designing and constructing buildings.

 

Residents in already constructed buildings may install solar systems that meet the relevant technical specifications and product standards provided that such installation does not affect the structure and safety of such buildings and that there is no effective contrary agreement made with any interested party.

 

Article 18 The State shall encourage and support the development and use of renewable energy in rural areas.

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