The Renewable Energy Law of the People's Republic of China

The Renewable Energy Law of the People's Republic of China

Approved by the Standing Committee of the National People's Congress (NPC) of the People's Republic of China in the 14th Session on February 28, 2005

Table of Contents

Chapter 1 General

Chapter 2 Resource Survey and Development Plan

Chapter 3 Industry Guidance and Technology Support

Chapter 4 Promotion and Application

Chapter 5 Price Management and Fee Sharing

Chapter 6 Economic Incentives and Supervisory Measures

Chapter 7 Legal Responsibilities

Chapter 8 Miscellaneous

Chapter 1. General

Article 1-In order to promote the development and utilization of renewable energy, improve the energy structure, diversify energy supplies, safeguard energy security, protect the environment, and realize the sustainable development of the economy and society, this Law is hereby prepared.

Article 2-Renewable energy in this law refers to non-fossil energy of wind energy, solar energy, water energy, biomass energy, geothermal energy, and ocean energy, etc.

Application of this Law in hydropower shall be regulated by energy authorities of the State Council and approved by the State Council.

This Law does not apply to the direct burning of straw, firewood and dejecta, etc. on low-efficiency stove.

Article 3-This Law applies to territory and other sea area of the People's Republic of China.

Article 4-The Government lists the development of utilization of renewable energy as the preferential area for energy development and promotes the construction and development of the renewable energy market by establishing total volume for the development of renewable energy and taking corresponding measures.

The Government encourages economic entities of all ownerships to participate in the development and utilization of renewable energy and protects legal rights and interests of the developers and users of renewable energy on the basis of law.

Article 5-Energy authorities of the State Council implement management for the development and utilization of renewable energy at the national level. Relevant departments of the State Council are responsible for the management of relevant development and utilization of renewable energy within their authorities.

Energy authorities of local people's governments above the county level are responsible for the management of the development and utilization of renewable energy within their own jurisdiction. Relevant departments of local people's governments above the county level are responsible for the management of relevant development and utilization of renewable energy within their authorities.

Chapter 2 Resource Survey and Development Plan

Article 6-Energy authorities of the State Council are responsible for organizing and coordinating national surveys and management of renewable energy resources, and work with related departments to establish technical regulations for resource surveys.

Relevant departments of the State Council, within their respective authorities, are responsible for related renewable energy resource surveys. The survey results will be summarized by the energy authorities in the State Council.

The result of the survey of renewable energy shall be released to the public, with the exception of confidential contents as stipulated by the Government.

Article 7-Energy authorities of the State Council sets middle and long-term target of the total volume for the development and utilization of renewable energy at the national level, which shall be implemented and released to the pubic after being approved by the State Council.

Energy authorities of the State Council shall, on the basis of the target of total volume in the previous paragraph, as well as the economic development and actual situation of renewable energy resources of all provinces, autonomous regions and municipalities, cooperate with people's governments of provinces, autonomous regions and municipalities in establishing middle and long-term target and release it to the public.

Article 8-Energy authorities of the State Council shall, on the basis of the middle and long-term total volume target of renewable energy throughout the country, prepare national renewable energy development and utilization plan, which is to be implemented after being approved by the State Council.

Energy authorities of the people's governments at the level of province, autonomous region and municipality shall, on the basis of the middle and long-term target for the development and utilization of renewable energy, cooperate with relevant authorities of the people's governments at their own level in preparing national renewable energy development and utilization plan for their own administrative regions, which shall be implemented after being approved by people's governments at their own level.

The approved plan shall be released to the public, with the exception of confidential content as stipulated by the government.

In case that the approved plan needs to be modified, approval of the original approving authorities shall be obtained.

Article 9-In preparing the plan for the development and utilization of renewable energy, opinions of relevant units, experts and the public shall be solicited and the scientific reasoning shall be done.