Renewable Energy Law of the People's Republic of China (2009 Amendment)

Renewable Energy Law of the People's Republic of China (2009 Amendment) Renewable Energy Law of the People's Republic of China (Adopted at the 14th Meeting the Standing Committee of the Tenth National People's Congress on February 28, 2005; Amended according to the Decision of the 12th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 26, 2009) Contents Chapter I General Provisions Chapter II Resources Investigation and Development Planning Chapter III Industrial Guidance and Technical Support Chapter IV Popularization and Application Chapter V Price Control and Cost Apportionment Chapter VI Economic Incentives and Supervisory Measures Chapter VII Legal Responsibilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted for the purpose of promoting the development and utilization of renewable energy, increasing the supply of energy, improving the structure of energy, safeguarding the safety of energy, protecting environment and realizing a sustainable economic and social development. Article 2 For the purpose of this Law, “renewable energy” refers to non-fossil energies, such as wind energy, solar energy, hydroenergy, bioenergy, geothermal energy and ocean 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 direct burning through an inefficient cooking range. Article 3 This Law shall apply to the territory and other sea areas under the jurisdiction of the People's Republic of China. Article 4 The state shall give priority to the development and utilization of renewable energy in energy development and promote the establishment and development of the renewable energy market by setting an overall target for the development and utilization of renewable energy and adopting corresponding measures. The state shall encourage economic subjects of different ownership to participate in the development and utilization of renewable energy and shall protect the legitimate rights and interests of those who develop and utilize renewable energy . Article 5 The administrative department of energy of the State Council shall conduct unified administration of the development and utilization of renewable energy 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 renewable energy. The administrative departments in charge of the energy work of the local people's governments at and above the county level shall conduct administration of the development and utilization of renewable energy in their respective administrative regions. Other relevant departments of the local people's governments at and above the county level shall, according to their respective functions and duties, conduct administration of the development and utilization of the relevant renewable energy. Chapter II Resources Investigation and Development Planning Article 6 The administrative department of energy of the State Council shall organize and coordinate the investigation of renewable energy 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 functions and duties, take charge of the investigation of the relevant renewable energy and submit the investigation results to the administrative department of energy of the State Council. All results of the investigation of renewable energy shall be published except those that the state requires 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 renewable energy throughout the country, formulate a national long- and medium-term total target for the development and utilization of renewable energy, 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 the economic development and the conditions about the renewable energies of each province, autonomous region and municipality directly under the Central Government, and in conjunction with the people's government of each province, autonomous region and municipality directly under the Central Government, fix and publish a long- and medium-term target for the development and utilization of renewable 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 regenerable energy resources and the development status of renewable energy technologies, work out a national plan for the development and utilization of renewable energy resources together with other relevant departments of the State Council, submit it to the State Council for approval, and implement 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 renewable energy resources. The administrative departments in charge of the energy work of the people's 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 renewable energy resources and the mid- and long-term target for the development and utilization of regenerable energy resources for their respective administrative regions, work out plans for the development and utilization of renewable energy resources for their respective administration regions together with other relevant departments of the people's governments at the same level, submit them to the people's 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 those 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 renewable energy resources, it needs to follow the principles of adjusting measures 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 renewable energy reso......