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
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,  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.