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Administrative Measures on Special Funds for Energy Conservation in Jing'an District

2012-05-27

Chapter I. General Provisions

Article 1. Basis

On the basis of the Energy Conservation Law of  the People’s Republic of China, the Energy Conservation Regulations of Shanghai  Municipality, the Architecture Energy Conservation Regulations of Shanghai  Municipality, and the Notice Endorsed by Shanghai Municipal People’s Government  on Implementation Plan and Measures for Statistics, Monitoring and Evaluation of  Energy Conservation and Emission Reduction as well as other laws, regulations  and documents, Jing’an District’s administrative measures on special funds for  energy conservation (the Administrative Measures) are formulated to increase  support for energy conservation and consumption reduction in the district and  promote sustainable economic and social development in the region.

Article 2. Principles

The special funds are set up by adhering to the  principles of highlighting of key industries, comprehensive balance, and  effective utilization.

Article 3. Source of Funds

The special funds are included in the district’s  financial budget for management.

Chapter II. Scope of Application and Ways of  Funding

Article 4. Applicable Objects

The special funds are applicable to the  enterprises which register at Jing’an-based authorities for industry and  commerce and also taxation and have their production and management venues  settled in the district, as well as the Jing’an-based public institutions  (including Jing’an-based government organizations, public-utility units, and  other public authorities).

Article 5. Applicable Projects

1. The projects in which exiting energy-consuming  facilities, building envelops and production process conditions are improved  with advanced and suitable new technologies, processes, facilities, and  materials as well as other methods for energy conservation;

2. The demonstration projects of newly-built  large public and residential buildings, which reach 65% of the standards for  energy conservation; the demonstration projects of renovation on existing public  and residential buildings, which reach 50% of the standards for energy  conservation; the demonstration projects of renovation on newly-built or  existing buildings, which carry out the integration of renewable energy sources  and buildings;

3. The projects for optimization and adjustment  of industrial structure, in which facilities featuring high energy consumption,  high pollution, low output and capacity are eliminated by means of closure,  suspension, merger, transfer and relocation.

4. The projects in which remarkable achievements  have been made in energy-consuming management as well as energy conservation and  consumption reduction by implementing energy performance contracting, energy  audit and energy conservation diagnosis, installing itemized measuring  instruments for electric power, and improving energy measuring management and  energy statistics management.

5. The projects for circular economic development  and comprehensive utilization of resources;

6. The projects for promotion of products  featuring energy conservation and emission reduction as well as construction of  management abilities;

7. The projects for energy conservation and  consumption reduction, which are included in Shanghai municipal key supporting  projects and ask for local support;

8. The key energy conservation projects in

Jing’an District;

9. The projects for other purposes determined by  the Jing’an District People’s Government.

Article 6. Ways of Funding

The special funds are provided for the  enterprises in the scope of application by means of project subsidies, rewards  in place of subsidies, subsidized loans, and rewards for energy conservation, as  well as energy-consuming evaluation and diagnosis financed by governments (See  the “Opinions on Further Promoting Enterprises to Save Energy and Reduce  Consumption” (Jing Fu Fa, [2010] No. 15) for details).

The special funds are provided for the  Jing’an-based public institutions in the scope of application by means of  purchase of services.

Chapter III. Scope of Duties and  Responsibilities

Article 7. Division of Duties and  Responsibilities

The use and management of the special funds is  subject to the Jing’an District’s Policy-making System for Decisions on  Significant Events, Appointments and Dismissals of Important Cadres,  Arrangements for Significant Projects and Use of Large Amounts of Capital, which  is determined by the District Party Committee and the District People’s  Government upon overall examination and approval.

The District Office of Leading Group for Energy  Conservation and Emission Reduction (hereinafter referred to as the District  Office for Energy Conservation) is responsible to summarize and balance plans  for use of the special funds at the preliminary stage.

The District Finance Bureau is responsible for  budget layout, allocation, and supervision and management of the special  funds.

The District Development and Reform Commission,  the District Commerce Commission, the District Urban Construction and  Communication Commission, the District Tourism Bureau, the District Government  Offices Administration, and other departments defined by the District People’s  Government (hereinafter jointly referred to as the Administrative Departments  for Projects) are responsible for the operation and implementation of the  Administrative Measures.

The District Supervision Bureau and the District  Audit Bureau and other departments take charge of inspection and audit on the  special funds according to the Administrative Measures.

Chapter IV. Funding Budget Application and  Examination

Article 8. Budget Application

The Administrative Departments for Projects  should compile the plans for use of the special funds for relevant fields in the  next year and report to the District Office for Energy Conservation for a  summary by the end of September each year.

The energy conservation projects carried out and  applied for by enterprises in need of supporting rewards with the special funds  are reported to the District Office for Energy Conservation after being  summarized and examined by the competent departments in charge of relevant  industries. The energy conservation projects carried out by public institutions  are reported to the District Office for Energy Conservation after being reviewed  and summarized by the District Government Offices Administration upon  preliminary examination by the competent departments in charge of relevant  industries. The regional energy conservation projects organized and promoted by  the Administrative Departments for Projects are reported to the District Office  for Energy Conservation after their argumentation and examination.

The annual plans for use of the special funds  include the following contents: project name, project nature, predicted volume  of energy conservation or volume for replacement, project feasibility study  report, fund demand, arrangement for project progress and analysis of major  economic and social benefits.

Article 9. Budget Making

The District Office for Energy Conservation  reports to the District Finance Bureau all the plans for use of the special  funds from the Administrative Departments for Projects. After the District  Finance Bureau examines and confirms the budget plans for the special funds for  energy conservation in the district in the next year, the District Office for  Energy Conservation will submit the budget plans to the District Leading Group  for Energy Conservation and Emission Reduction, the executive meeting of the  District People’s Government and the Standing Committee of the District Party  Committee for discussion and approval before the end of November in the same  year. Besides, the District Office for Energy Conservation will include the  budget plans in the district budget in the next year, and take them as the basis  for the arrangement for annual special funds for energy conservation after  submitting them to the District People’s Congress for discussion and approval  according to legal procedures. In particular, the funds for implementing the  policy of energy conservation and consumption reduction are included in the  budget of the District Commission of Development and Reform, the funds for  energy conservation management and project renovation in the budget of relevant  competent departments, and the funds for energy conservation capability in the  budget of relevant application units.

Article 10. Budget Enforcement

The budget of the special funds shall be strictly  implemented after being approved. As for the projects asking for more budget  funds due to special reasons, the Administrative Departments for Projects need  to submit their applications for newly increased budget of the special funds to  the District Office for Energy Conservation which will submit the applications  to the District People’s Government for examination and approval after making  examination opinions on them. After being examined and approved, the newly  increased budget will be reported by the District Office for Energy Conservation  to the District Finance Bureau for adjustment according to relevant  regulations.

As for the projects whose budget needs to be  reduced or withdrawn, the Administrative Departments for Projects are  responsible to explain the reasons and report them to the District Office for  Energy Conservation for filing. The budget will be reported by the District  Office for Energy Conservation to the District Finance Bureau for cancelling  after verification according to relevant regulations.

Article 11. Fund Appropriation

In accordance with the approved budget plans, the  District Finance Bureau will appropriate the special funds directly to the  Administrative Departments for Projects after examining their applications for  fund appropriation.

Chapter V. Project Management and Fund  Regulation

Article 12. Project Management

The Administrative Departments for Projects  together with relevant departments are responsible for the supervision,  examination, evaluation and acceptance of the projects supported by the special  funds. Professional services conducted by the third-party specialist agencies  upon entrustment shall be undertaken by qualified energy conservation  facilitating agencies registered and filed at the national or Shanghai municipal  departments concerned.

Article 13. Government Procurement and Investment  Management

As for the approved projects involving government  procurement and bidding, the Administrative Departments for Projects shall  strictly enforce regulations and policies related to government procurement and  project bidding.

As for the projects involving the scope of  government investment and management, the Administrative Departments for  Projects shall strictly enforce the stipulations in the administrative measures  for government investment.

Article 14. Legal Liability

The special funds shall be earmarked for its  specified purposes only. No unit is allowed to retain or divert the funds for  any reason in any form.

Enterprises and public institutions shall be  liable for the authenticity of the application materials. The financial funds  gained by fraud will be pressed for payment afterwards and the units committing  fraud shall be investigated for legal liabilities as the case may be.

As for the withdrawn projects supported by the  special funds, the Administrative Departments for Projects shall return the  appropriated funds to the District Finance Bureau through the original  channel.

Article 15. Regulation and Audit

Based on the division of duties, the supervision,  audit and other departments are responsible for the supervision and inspection  on the projects supported by the special funds for energy conservation, which  will investigate and punish law-breaking units according to relevant regulations  with regards to whistle-blowing reports on illegal behaviors in the process of  application, bid and tender, appraisal, examination and construction related to  the projects.

Chapter VI. Supplementary Article

Article 16. Effective Date

The Measures shall come into force after 30 days  from the day of release.

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