Electric Power Law of the People's Republic of China (2018 Amendment)

Electric Power Law of the People's Republic of China (2018 Amendment) Electric Power Law of the People's Republic of China (Adopted at the 17th Meeting of the Standing Committee of the Eighth National People's Congress on December 28, 1995, amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Some Laws adopted at the tenth meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Four Laws Including the Electric Power Law of the People's Republic of China at the 7th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018) Contents Chapter I General Provisions Chapter II Construction of Electric Power Chapter III Generation of Electric Power and Administration of Power Networks Chapter IV Supply and Use of Electric Power Chapter V Electricity Rates and Fees Chapter VI Power Construction in Rural Areas and Use of Electricity in Agriculture Chapter VII Protection of Power Facilities Chapter VIII Supervision and Inspection Chapter IX Legal Responsibility Chapter X Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted to guarantee and promote the development of the electric power industry, to safeguard the lawful rights and interests of those who invest in, manage or consume electric power and to guarantee the safe operation of electric power. Article 2 This Law shall apply to activities concerning the construction, generation, supply and consumption of electric power within the territory of the People's Republic of China. Article 3 The electric power industry should meet the needs of the development of the national economy and the society and should therefore develop slightly ahead of the other sectors of the economy. The State encourages and provides guidance to lawful investment in the development of power resources and establishment of power-generating enterprises by economic organizations or individuals at home and abroad. The principle of "whoever invests, benefits" shall be applied with regard to investment in the power industry. Article 4 Electric power facilities shall be under the protection of the State. No unit or individual may endanger the safety of electric power facilities or illegally take possession of or use electric power. Article 5 In the construction, generation, supply and consumption of electric power, attention shall be paid to protecting the environment according to law and adopting new technology to decrease the discharge of poisonous waste, prevent and control pollution and other public hazards. The State encourages and supports the generation of electricity through the use of renewable and clean energy resources. Article 6 The electric power administration department under the State Council shall be responsible for supervision and control of the electric power industry throughout the country. The departments concerned under the State Council shall be responsible for supervision and control of the electric power industry within their own limits of authority. The department in overall charge of the economy under the local people's government at or above the county level is the electric power administration department of that administrative region and shall be responsible for supervision and control of the electric power industry there. The departments concerned under the local people's government at or above the county level shall be responsible for supervision and control of the electric power industry within their own limits of authority. Article 7 Enterprises engaged in construction and generation of electric power or operation of power networks shall make their own managerial decisions and be responsible for their own profits and losses in conformity with legal provisions, and they shall subject themselves to supervision by the electric power administration departments. Article 8 The State assists and supports minority nationality regions, outlying areas and poverty-stricken areas in their efforts to develop their electric power industry. Article 9 The State encourages adoption of advanced scientific, technical and managerial methods for construction, generation, supply and use of electric power and shall give awards to those units and individuals have achieved remarkable successes in research, development and adoption of advanced scientific, technical and managerial methods. Chapter II Construction of Electric Power Article 10 Plans for electric power development shall be drawn up in light of the needs of the national economic and social development and shall be included in the plans for national economic and social development. In the plans for electric power development should be embodied the principles of making rational use of energy resources, coordinating the development of power supply and power networks, increasing economic results and benefiting environmental protection. Article 11 Plans for the construction and rebuilding of power networks in urban areas shall be included in the overall plans for urban areas. The people's governments in urban areas shall arrange to provide land for transformation facilities, transmission line corridors and cable passages in accordance with the plans. Illegal occupation by any units or individuals of land for transformation facilities, transmission line corridors or cable passages shall be forbidden. Article 12 The State adopts relevant policies to support and promote electric power construction. Local people's governments shall adopt varied measures in light of local conditions to develop power supply and promote power construction on the basis of the electric power development plans. Article 13 Investors in electric power shall enjoy legal rights and interests with regard to the power generated with the help of their investment. They shall have priority in the use of the power incorporated into the power networks and authority over the control over and use of the power plants for self-supply that are not incorporated in power networks. Article 14 Power construction projects shall conform to the electric power development plan as well as the State policies regarding the power industry. No power facilities or technology announced obsolete by formal decree of the State shall be used in power construction projects. Article 15 Auxiliary projects for power networks, such as transmission and transformation projects, dispatch communication automation projects, and environ-mental protection projects shall be designed, constructed, checked, accepted and put into operation simultaneously with the progress of the power-generating projects. Article 16 Land use for power construction projects shall be handled in accordance with relevant laws and administrative rules and regulations. No requisition of land shall be regarded as legal until land compensation fees and settlement allowances have been paid and necessary arrangements have been made for the residents who moved away. In power construction the principles of giving practical protection to cultivated land and economizing on land use shall be applied. Local people's governments shall support and assist legal use of land and migration of residents in the interest of power construction. Article 17 Local people's governments shall support electric power enter-prises in their effort to explore water resources and develop the legal intake or use of water for the construction of power-generating projects. The electric power enter-prises shall economize on the use of water. Chapter III Generation of Electric Power and Administration of Power Networks Article 18 Electric power shall be generated and the power networks shall be operated in accordance with the principles of safety, high quality and economy. The operation of power networks shall be maintained in an uninterrupted and stable way and the reliability of electricity supply shall be guaranteed. Article 19 Electric power enterprises shall strengthen administration over safe generation, adhere to the principle of putting safety and prevention first, and institute and keep improving the responsibility system of safe generation. Electric power enterprises shall regularly examine and maintain their power facilities in order to guarantee normal operation. Article 20 Enterprises engaged in the supply and transportation of power-generating fuels and in power generation shall supply, transport and unload the fuels in accordance with the relevant regulations of the State Council or contractual agreements. Article 21 Centralized dispatching and level-by-level administration shall be exercised in the operation of power networks. No units or individuals may illegally intervene in the dispatching of power networks. Article 22 The State encourages the merger of power-generating enterprises with power networks and of networks with networks. Requests by power-generating enterprises in the status of qualified independent legal persons to incorporate the power they generate into a network shall be accepted by the enterprise that operates the network. Operation of the merged power networks shall meet the standards of the State or of the power industry. The two parties involved in the merger shall, in accordance with the principles of centralized control, level-by-level administration, equality, mutual benefit and agreement to be reached through consultation, sign an agreement, in which they shall stipulate the rights and obligations of each party; where the two parties fail to reach an agreement, a decision shall be made by the electric power administration department at or above the provincial level through coordination. Article 23 Measures for administration of power network dispatching shall be formulated by the State Council on the basis of the provisions of this Law. Chapter IV Supply and Use of Electric Power Article 24 The State applies the administrative principles of safe, economical and planned supply and use of electric power. The measures for supply and use of electric power s......