Notice on Printing and Distributing the Detailed Rules for Implementing the Interim Administrative Measures for Energy-saving Assessment and Review of Fixed Assets Investment Projects in Anhui Province

Notice on Printing and Distributing the Detailed Rules for Implementing the Interim Administrative Measures for Energy-saving Assessment and Review of Fixed Assets Investment Projects in Anhui Province

No.18 [2111] of Anhui Development and Reform Commission, relevant provincial units:

In order to implement the "People's Republic of China *" To strengthen energy-saving management of fixed assets investment projects and promote scientific and rational use of energy, the National Development and Reform Commission issued the Interim Measures for Energy-saving Assessment and Review of Fixed Assets Investment Projects (hereinafter referred to as the "Measures") by Order No.6, which was implemented on 1 October 2111. According to the implementation of the "Measures" in our province, our Committee has formulated the "Implementation of Anhui Province <: Interim Measures for the Administration of Energy Conservation Assessment and Review of Fixed Assets Investment Projects > Rules ",which are hereby issued, please follow them.

Development and Reform Commission of Anhui Province

January 13th, 2111

Keyword: Notice of Measures for Economic Management and Energy Saving

Copy: National Development and Reform Commission.

detailed rules for the implementation of the Interim Measures for Energy Conservation Assessment and Review of Fixed Assets Investment Projects in Anhui Province

Chapter I General Provisions

Article 1 In order to effectively implement the Energy Conservation Law and the Regulations on Energy Conservation in Anhui Province, strengthen energy conservation management of fixed assets investment projects, improve the energy conservation level and energy utilization efficiency of the whole society, and promote the optimization and upgrading of industrial structure, according to the Interim Measures for Energy Conservation Assessment and Review of Fixed Assets Investment Projects (national development) Interim Measures for the Administration of Energy Conservation Assessment and Review of Fixed Assets Investment Projects > Detailed Rules (hereinafter referred to as the Detailed Rules).

article 2 these detailed rules shall apply to the fixed assets investment projects (including new construction, expansion and reconstruction) that need to be examined, approved and filed in Anhui province.

article 3 the term "energy conservation assessment" as mentioned in these detailed rules refers to the act of analyzing and evaluating the scientificity and rationality of energy utilization of fixed assets investment projects according to energy conservation laws and standards, providing scientific basis for project decision-making, and preparing energy conservation assessment reports, energy conservation assessment report forms or filling in energy conservation registration forms (hereinafter referred to as energy conservation assessment documents).

the term "energy-saving review" as mentioned in these Detailed Rules refers to the act of reviewing the energy-saving evaluation documents of fixed assets investment projects and forming review opinions according to energy-saving laws, plans, policies and standards, or registering the energy-saving registration form.

article 4 the energy-saving evaluation documents of fixed assets investment projects and their review opinions, energy-saving registration forms and their registration and filing opinions shall serve as preconditions for project approval, approval or construction, and as the main basis for project design, construction and completion acceptance.

for fixed assets investment projects that fail to conduct energy-saving review according to the provisions of these Detailed Rules, or the energy-saving review is not approved, the departments responsible for project examination and approval shall not approve them, the competent departments of land, environmental protection and construction shall not go through relevant procedures, the construction unit shall not start construction, and the completed projects shall not be put into production and use.

article 5 the provincial development and reform commission is responsible for establishing and organizing the implementation of the energy-saving evaluation and review system for fixed assets investment projects. City, county (city, district) people's government development and reform department under the guidance of the provincial development and Reform Commission is responsible for energy-saving assessment and review of fixed assets investment projects at the same level.

chapter ii energy-saving assessment

article 6 energy-saving assessment documents of fixed assets investment projects are divided into energy-saving assessment reports, energy-saving assessment report forms and energy-saving registration forms, and classified management is implemented according to the following requirements.

(1) investment in fixed assets in public construction projects or residential construction projects with an annual comprehensive energy consumption of more than 3,111 tons of standard coal (including 3,111 tons of standard coal, and the power conversion coefficient is equivalent, the same below), or an annual electricity consumption of more than 5 million kWh, or an annual oil consumption of more than 1,111 tons, or an annual natural gas consumption of more than 1 million cubic meters, or a construction area of 21,111 square meters or more.

(2) The annual comprehensive energy consumption is 1,111-3,111 tons of standard coal (excluding 3,111 tons, the same below), or the annual electricity consumption is 2-5 million kWh, or the annual oil consumption is 5-1,111 tons, or the annual natural gas consumption is 511,111-1 million cubic meters, or the public buildings with a building area of 1-21,111 square meters, or the buildings with a building area of 1 million-21,111 square meters.

for items other than the above terms, an energy-saving registration form shall be filled in.

article 7 the energy-saving assessment report of fixed assets investment projects shall include the following contents:

(1) assessment basis;

(2) project overview;

(3) assessment of energy supply, including the energy resources conditions of the project location and the impact assessment of the project on local energy consumption;

(4) the energy-saving evaluation of the project construction scheme, including the energy-saving evaluation of the project site selection, general layout, production technology, energy-using technology and energy-using equipment;

(5) evaluation of energy consumption and energy efficiency level of the project, including analysis of energy consumption, energy consumption structure and energy utilization efficiency;

(6) evaluation of energy-saving measures, including technical measures and management measures;

(7) Existing problems and suggestions;

(8) conclusion and others.

the energy-saving assessment document shall be prepared in accordance with the content depth and format required in the annex to the Measures.

article 8 the preparation cost of energy-saving assessment documents for fixed assets investment projects shall comply with the relevant provisions of the state, and consultation and assessment fees shall be charged and included in the project budget.

Article 9 The construction unit of a fixed asset investment project shall entrust an institution with corresponding qualifications to prepare an energy-saving assessment report and an energy-saving assessment report form; The undertaking institution for the preparation of energy-saving assessment documents must be consistent with the energy-saving professional direction approved by its record. The project construction unit can fill in the energy-saving registration form by itself.

chapter iii energy conservation review

article 11 energy conservation review of fixed assets investment projects shall be managed at different levels according to the project management authority. The provincial development and reform commission's specific institution for energy-saving review is the Department of Resource Conservation and Environmental Protection, and the municipal and county people's governments' development and reform departments' specific institutions for energy-saving review are internal departments with corresponding functions.

for fixed assets investment projects that are examined and approved by the development and reform departments of provincial, municipal and county people's governments, the development and reform departments of the corresponding local people's governments are responsible for their energy-saving review.

for fixed assets investment projects approved by the national development and reform commission, the energy-saving assessment documents shall be submitted to the state together with the feasibility study report or project application report after the preliminary examination by the provincial development and reform commission.

article 11 for fixed assets investment projects that are subject to examination and approval according to relevant regulations, the construction unit shall, when submitting the feasibility study report or the project application report, submit the energy-saving assessment document for review or submit the energy-saving registration form for registration and filing. When filing a project, the corresponding energy-saving assessment documents shall be attached.

twelfth levels of development and reform departments of energy-saving review organs after receiving the project energy-saving assessment documents, to entrust the relevant energy-saving consulting services for review. Commissioned by the accreditation body to organize experts to review the assessment report, according to expert opinions and relevant laws, regulations, policies, standards and norms to form a review opinion, as an important basis for energy-saving review. When the accreditation body conducts the accreditation, the project construction unit and the evaluation report preparation unit can participate in it, and explain or supplement materials on relevant issues.

Article 13 The entrusted assessment institution shall establish an energy-saving expert database and randomly determine energy-saving assessment experts; The technicians who participated in the feasibility study, design and energy-saving evaluation document preparation of the project and the staff of the above-mentioned document preparation undertaking unit cannot be regarded as the evaluation experts of the energy-saving evaluation report.

the fourteenth provincial development and reform commission is responsible for the evaluation of energy-saving evaluation documents of fixed assets investment projects, and the expenses shall be paid by the provincial special funds for energy conservation, and the standards shall be implemented in accordance with the relevant provisions of the state and the province.

Article 15 The energy-saving review organ shall review the project energy-saving evaluation documents mainly according to the following conditions:

(1) The laws, regulations, standards, norms and policies on which the energy-saving evaluation is based are accurate and applicable;

(2) The content and depth of the energy-saving assessment document meet the requirements;

(3) The energy consumption analysis of the project is objective and accurate, the evaluation method is scientific and the evaluation conclusion is correct;

(4) The measures and suggestions put forward in the energy-saving assessment document are reasonable and feasible.

article 16 the energy-saving examination organ of the development and reform departments at all levels shall form an energy-saving examination opinion within 15 working days after receiving the energy-saving assessment report of fixed assets investment projects and the energy-saving assessment report form, and shall register and put on record within 5 working days after receiving the energy-saving registration form.

the time for entrusting review of energy-saving assessment documents is not counted in the review period specified in the preceding paragraph, and the time for energy-saving review (including entrusted review) shall not exceed the time limit for project approval and filing.

the energy-saving review opinions of seventeenth fixed assets investment projects shall be issued together with the project approval or approval documents. If the comprehensive energy consumption reviewed by the development and reform department of the people's government of a city or county reaches the first paragraph of Article 6, the energy-saving review report shall be copied to the energy-saving review organ (Resource Conservation and Environmental Protection Department) of the Provincial Development and Reform Commission for the record.

when examining and approving the energy conservation of fixed assets projects, local development and reform departments should give full consideration to the ability of local areas to achieve energy conservation binding indicators, strictly control the examination and approval of high-energy-consuming projects, and do a good job in controlling the total energy consumption and energy conservation in local areas.

article 18 if a fixed asset investment project applies for re-examination, approval or extension of approval documents, it shall re-examine the energy-saving review or the extension of energy-saving review opinions together.

chapter iv management of assessment agencies

article 19 the provincial development and reform commission is responsible for the review and supervision of energy-saving assessment agencies. Energy-saving assessment agencies to implement the filing system, by the local municipal people's government development and reform department to the provincial development and Reform Commission for; A county with municipal development and reform management authority may apply directly to the provincial development and reform commission by the development and reform department of the county people's government.

Twentieth energy-saving assessment agencies shall, in principle, review and put on record twice a year; The energy-saving assessment institutions that have been audited and filed shall carry out annual inspection. Major events such as the reorganization of energy-saving assessment institutions and the change of legal representative need to be reported to the Provincial Development and Reform Commission. Audit filing, inspection filing, and major event filing shall be publicized by the Provincial Development and Reform Commission.

Article 21 To apply for filing with an energy-saving assessment agency for fixed assets investment projects, the following conditions must be met:

(1) Having the corresponding professional engineering consulting qualification recognized by the development and reform department or other relevant energy-saving consulting qualifications recognized by the development and reform department according to law;

(2) The registered capital is more than 511,111 yuan, and it has fixed office space and office facilities, and it has sound articles of association, management system, work code and quality management system;

(3) There are more than 11 (including 11) full-time personnel engaged in energy-saving work, among which the number of full-time personnel with middle and senior professional titles (electric power, heat energy and other related majors) shall not be less than 51% of the total number of full-time personnel;

(4) equipped with professional and technical personnel and related equipment in engineering analysis, thermal energy balance analysis, electric energy balance analysis, water balance analysis and engineering budget estimation;

(5) having a team of technical experts or expert database suitable for the business;

(6) The total performance of engineering consulting and design related to energy conservation in recent three years shall be no less than 5;

(7) Other conditions stipulated by laws and administrative regulations;

(8) application documents. Including: written application report, original legal person license, tax registration certificate, organization code certificate and other photocopies (original inspection), photocopies of qualification certificates (original inspection) and resumes of major professional and technical personnel, employment documents of the person in charge of the organization, certification documents or lists of office space, work facilities and equipment, and relevant documents that can prove their professional level.

article 22 according to the notice of the provincial development and reform commission and the Ministry of finance on printing and distributing the administrative measures for energy-saving audit institutions of contracted energy management projects in Anhui province (No.921 [2111] of Wan Fa Gai Huan Zi), the third-party energy-saving audit institutions for the record can prepare energy-saving assessment documents for provincial fixed assets investment projects.

chapter v supervision and punishment

article 23 in the process of design, construction and putting into use of fixed assets investment projects, the development and reform department of the people's government that issued the review opinions and energy-saving assessment documents shall supervise and inspect the implementation. The implementation of energy-saving review opinions is one of the contents of project completion acceptance.

article 24 if the construction unit passes the energy-saving review by improper means such as splitting the project or providing false materials, the development and reform department of the people's government that issued the review opinions shall revoke the energy-saving review opinions or energy-saving registration and filing opinions of the project, and at the same time revoke the approval, approval or filing of the project.

Article 25 If the staff responsible for energy-saving evaluation, examination and acceptance practices favoritism, abuses their powers and neglects their duties, resulting in serious inaccuracy of the evaluation conclusion or passing the energy-saving review in violation of regulations, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 26 Energy-saving evaluation institutions and personnel shall conduct energy-saving evaluation objectively and fairly in accordance with laws, regulations and other relevant provisions, and be responsible for the authenticity and accuracy of the evaluation results for life; Institutions and experts who undertake feasibility study and design or energy-saving articles, energy audit, etc. shall not undertake energy-saving evaluation of the same project, and shall not disclose the technical and commercial secrets of the evaluated unit.

Twenty-seventh energy-saving assessment institutions and personnel shall be given a warning in any of the following circumstances; If the circumstances are serious, the qualification record shall be revoked and energy-saving services such as energy-saving assessment and consultation of the development and reform system shall not be engaged.

(1) colluding with the project entrusting party or other units to practise fraud;

(2) subcontracting energy-saving assessment, energy-saving technical consultation and other assessment projects;

(3) disclosing the technical and commercial secrets of the assessed unit;

(4) the evaluation quality is low, the evaluation ability is poor, the enterprise has many opinions, and the fees are charged illegally;

(5) violating the relevant laws, regulations and policies of the state and province.

Article 28 The staff responsible for project examination and approval shall be given administrative sanctions according to law if they examine and approve the fixed assets investment projects without energy-saving examination or without energy-saving examination, in violation of the provisions of these Measures; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 29 The development and reform department of the people's government, which has the power to review energy conservation, shall order the fixed assets investment projects that have not been evaluated and reviewed in accordance with the provisions of these Detailed Rules, or that have not passed the energy conservation review, and started construction or put into production and use without authorization, to stop construction or stop production and use, and make transformation within a time limit; Productive projects that cannot be transformed or are not transformed within the time limit shall be reported to the people's government at the corresponding level by the development and reform department of the people's government in accordance with the authority prescribed by the State Council and the province, and the responsibility of the responsible person shall be investigated according to law.

Chapter V Supplementary Provisions

Article 31 The Provincial Development and Reform Commission shall be responsible for the interpretation of these Detailed Rules.

article 31 these detailed rules shall come into force as of the date of promulgation. this