——20061October 3 1 day, at the 12th People's Congress of Beijing.
At the thirty-second meeting of the Standing Committee
Wang is the deputy director of the Legal Affairs Committee of the Municipal People's Congress.
Director, Deputy Directors, Secretary-General and members:
On July 25, 2006, the 29th meeting of the Standing Committee of the 12th Municipal People's Congress deliberated the "Beijing Gas Management Regulations (Draft)" for the first time. At the meeting, 15 members and representatives expressed their opinions and suggestions. Members and delegates believe that the formulation of this article (draft) is necessary and timely. With the implementation of the national gas development strategy, the continuous improvement of Beijing's economic level and the accelerating process of gas marketization, the gas industry in our city has developed rapidly, and the application of gas has an increasing impact on the economy, society and people's lives; However, in the face of the requirements of the new situation, our city lacks a local regulation on the safe production, use and management of gas. The formulation of the "Regulations (Draft)" will be conducive to safeguarding public interests, ensuring public safety and regulating the order of the gas market; It is conducive to further promoting the city's gas work, improving the level of gas safety supervision, scientifically and reasonably adjusting the rights and obligations among the main players in the gas market, and ensuring the comprehensive, coordinated and sustainable development of the city's gas industry. The "Regulations (Draft)" basically absorbs and reflects the opinions of all parties, and its content is more in line with the actual situation of gas work in this city. At the same time, members and delegates also put forward opinions and suggestions for revision.
According to the deliberation opinions of the Standing Committee and the opinions of relevant parties, the "Regulations (Draft)" was reviewed. The Legal Committee believes that the "Regulations (Draft)" combines the actual situation of the city's gas work, with comprehensive content and strong operability. At the same time, suggestions for further revision of the Regulations (Draft) are put forward. The review results are reported as follows:
I. Suggestions on Amending Article 2 of the Regulations (Draft)
Article 2 of the Regulations (Draft) stipulates the scope of application of these Regulations. Some members pointed out that the scope of application of the Ordinance only emphasizes that "business activities" are not comprehensive enough, and it is suggested to increase the content of business and construction activities; The Urban Construction Environmental Protection Committee suggested that the expression of the scope of application in this article is too simple. At the same time, the management of long-distance natural gas pipelines and facilities has special provisions in the Regulations on the Protection of Oil and Gas Pipelines in the State Council, and the suggestion is not stipulated in this Ordinance. The Legal Affairs Committee agreed with members and the Urban Construction Environmental Protection Committee and suggested that this article be amended as: "These Regulations shall apply to the formulation of gas planning, the construction and protection of gas facilities, the supply and use of gas and the management of gas equipment within the administrative area of this Municipality.
Where laws and administrative regulations provide otherwise, such provisions shall prevail. "(Article 2 of the revised draft)
Two, on the "Regulations (Draft)" the revision of article seventh.
Article 7 of the "Regulations (Draft)" stipulates the contents of the macro-control mechanism of gas supply and demand in this Municipality and the responsibilities of relevant government departments. Some members suggested adding the content of enhancing gas supply capacity. The Legal Affairs Committee agreed with the members' opinions and suggested amending this article to read: "This Municipality should formulate policies, take measures to ensure gas supply through multiple channels, strengthen gas management, and establish a macro-control mechanism for gas supply and demand.
The municipal gas administrative department and the municipal development and reform administrative department shall, according to their respective functions and duties, be responsible for coordinating the supply of natural gas sources, balancing the city's gas demand, formulating long-term and annual gas use plans, allocating natural gas indicators according to the annual gas use plan, and ensuring the safe and stable supply of natural gas. "(Article 7 of the revised draft)
Three, on the "Regulations (Draft)" the revision of article twelfth.
Article 12 of the "Regulations (Draft)" stipulates the units engaged in gas business activities. The Urban Construction Environmental Protection Committee proposed that the user's requirements for landscape environment and convenience and practicality were not fully considered in the design process, which led to some gas facilities being uncoordinated with the surrounding landscape or causing inconvenience to users, and suggested adding provisions in this regard. The Legal Committee agrees with the opinion of the Urban Construction Environmental Protection Committee and proposes to add one paragraph as the second paragraph, specifically stipulating: "The design of gas engineering shall conform to the relevant national and municipal standards, and meet the requirements of landscape environment and humanization." (Paragraph 2 of Article 12 of the revised draft)
Four, on the "Regulations (Draft)" fourteenth amendments.
Article 14 of the "Regulations (Draft)" stipulates the gas business activities, licensing conditions, licensing period and procedures, and business scope. Some Members suggested that the scope of gas business activities should be clearly defined. The Legal Affairs Committee agreed with the members' opinions and suggested amending the first paragraph of this article to read: "Anyone who engages in gas supply business activities within the administrative area of this Municipality shall obtain a gas business license issued by the gas administrative department." (Paragraph 14 of the revised draft)
Verb (abbreviation of verb) Suggestions on Amending Article 16 of the Draft Regulations
Article 16 of the "Regulations (Draft)" stipulates that the government shall withdraw, terminate the franchise and temporarily take over. Some members suggested that this provision should belong to the legal responsibility part. The Legal Affairs Committee agreed with the members' opinions and suggested that this article be moved to the legal responsibility section and amended accordingly. The specific expression is: "If the enterprise that has obtained the gas franchise right has one of the following circumstances, the gas administrative department or the district or county people's government shall order it to make corrections within a time limit; Refuses to correct, you can take back the franchise, terminate the franchise agreement, and take measures to ensure gas supply and service:
(a) unauthorized transfer, lease, pledge, mortgage or other unauthorized disposal of franchise or franchise project assets;
(two) not in accordance with the provisions of the operation, maintenance, repair and transformation of gas facilities, seriously affecting the safety of gas supply;
(three) can not meet the standards and requirements of gas products and services, seriously affecting the public interest;
(four) unauthorized closure, closure;
(five) other circumstances stipulated by laws and regulations or franchise agreements. "(Article 43 of the revised draft)
Six, on the "Regulations (Draft)" the seventeenth paragraph of the second amendment proposal.
The second paragraph of Article 17 of the Regulations (Draft) stipulates that the gas administrative department may, jointly with relevant departments, organize professional organizations to evaluate gas supply enterprises. The Legal Committee proposed that the content of this paragraph should be standardized according to the provisions of Article 20 of the Administrative Licensing Law of People's Republic of China (PRC) on the evaluation of administrative licensing. It is suggested to amend this paragraph to read: "The gas administrative department shall establish a license evaluation system to evaluate the implementation of gas business license by gas supply enterprises." (Paragraph 2 of Article 17 of the revised draft)
Seven, on the "Regulations (Draft)" twenty-first fifth amendment proposal.
Article 21 (5) of the "Regulations (Draft)" stipulates that gas supply units shall conduct safety inspections on users in accordance with regulations. Some members suggested that a safety inspection system should be clearly established and implemented. The Legal Affairs Committee agreed with the members' opinions and suggested that this item be revised as follows: "Establish a safety inspection system for gas facilities, conduct regular safety inspections on users' gas facilities in accordance with the relevant provisions of the state and this Municipality, and make safety inspection records; If it is found that there are hidden dangers in the user's gas facilities, it shall inform the user in writing to eliminate them in time "(item 5 of Article 20 of the revised draft).
Eight, on the "Regulations (Draft)" the second paragraph of the twenty-eighth amendment proposal.
The second paragraph of Article 28 of the "Regulations (Draft)" clearly stipulates the correct way for gas users to encounter abnormal and unexpected situations of gas facilities or gas equipment. The Urban Construction Environmental Protection Committee suggested increasing the daily inspection of indoor gas facilities and gas equipment by gas users. The Legal Committee agreed with the opinion of the Urban Construction Environmental Protection Committee and suggested that this paragraph be amended as: "Gas users should conduct daily inspections on indoor gas facilities and gas equipment. When they find that indoor gas facilities or gas equipment are abnormal, gas leaks or gas stops unexpectedly, they should close the valve and open the window for ventilation. It is forbidden to use open flames, switch electrical appliances and make phone calls at the scene, and report to the gas supply unit for repair in time. " (Paragraph 2 of Article 27 of the revised draft)
Nine, on the "Regulations (Draft)" thirtieth paragraph of the amendment proposal.
Paragraph 1 of Article 30 of the "Regulations (Draft)" stipulates that pipeline gas users shall go through relevant procedures if they change their user names, gas consumption and gas properties. Some members pointed out that the operability of this paragraph is not strong, because pipeline gas users include a large number of residential users. The Legal Affairs Committee agreed with the members' opinions and suggested amending this paragraph to read: "If the users of pipeline gas units change their household names, gas consumption and gas properties, they should go through the corresponding procedures at the gas supply units." (Paragraph 1 of Article 29 of the revised draft)
Ten, on the "Regulations (Draft)" the first paragraph of the forty-sixth amendment proposal.
The first paragraph of Article 46 of the "Regulations (Draft)" stipulates the punishment authority and amount of the quality and technical supervision department for violating Item (3) of Article 24 of the Regulations. The Legal Committee believes that according to Article 74 of the State Council's Regulations on Safety Supervision of Special Equipment, the penalty amount of this paragraph should be adjusted. It is suggested to amend this paragraph to read: "Whoever violates the provisions of Item (3) of Article 23 of these Regulations and fails to send the gas cylinders to the inspection agency for inspection as required shall be ordered by the quality and technical supervision department to make corrections and may be fined between 2,000 yuan and 20,000 yuan." (Paragraph 1 of Article 46 of the revised draft)
XI。 Suggestions on increasing the legal liability of gas facilities damaged by construction projects.
The Urban Construction Environmental Protection Committee pointed out that accidents that damage underground gas pipelines and other gas facilities occur from time to time, which not only causes certain economic losses, but also adversely affects the safe and stable gas supply. It is suggested to increase the corresponding legal liability according to the code of conduct in Article 32 of the Regulations (Draft). The Legal Affairs Committee agreed with the members' opinions and proposed to add one article as Article 49, specifically as follows: "In violation of Article 31 of these regulations, if the construction unit fails to provide true, accurate and complete information on gas facilities or the construction unit fails to take protective measures as required, the construction administrative department shall order it to make corrections within a time limit, and if it fails to do so within the time limit, it shall be ordered to suspend business for rectification and be fined not less than 50,000 yuan but not more than 654.38 million yuan; Causing economic losses to gas supply units and users, the construction units and construction units shall be liable for compensation according to law; Constitute a violation of public security management, shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) Public Security Management Punishment Law"; If it constitutes a crime, criminal responsibility shall be investigated according to law. " (Article 49 of the revised draft)
Twelve, on the "Regulations (Draft)" forty-ninth amendments.
Article 49 of the "Regulations (Draft)" stipulates the punishment for violating the prohibition of sexual behavior in Article 33 of this Ordinance. The Urban Construction Environmental Protection Committee pointed out that the amount of fines is not enough to deter people, and it also brings certain difficulties to law enforcement. Therefore, it is suggested to punish in two stages and adjust the fine amount appropriately. The Legal Committee agreed with the opinion of the Urban Construction Environmental Protection Committee and suggested that this article be amended as: "Those who violate the provisions of Item (1) of Article 32 of this Ordinance shall be ordered by the comprehensive law enforcement organization of urban management to make corrections, and be demolished within a time limit, and may be fined less than 3,000 yuan per square meter for illegal buildings, and structures and other facilities may be fined 1 times the project cost.
In violation of the provisions of article thirty-second (two), (three), (four), (five) and (six) of this Ordinance, the urban management comprehensive law enforcement organization shall be ordered to stop the illegal act; Refuses to correct, a fine of 3000 yuan and 30 thousand yuan. "(Article 50 of the revised draft)
Thirteen, about increasing the legal responsibility of the staff of state organs.
Some members suggested that legal liability should stipulate the inaction or illegal or abusive behavior of government departments. The Legal Affairs Committee agrees with the members' opinions and proposes to add one article as Article 51, specifically as follows: "If any staff member of the relevant administrative department violates the provisions of these Regulations, neglects his duty, abuses his power or engages in malpractices for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, administrative sanctions shall be given according to law. " (Article 5 1 of the revised draft)
In addition, according to the deliberation opinions of the Standing Committee and the opinions of relevant parties, the Legal Affairs Committee also made some textual amendments to the Regulations (Draft).
According to the above opinions, the Legal Affairs Committee put forward the Regulations of Beijing Municipality on Gas Management (Revised Draft), which was submitted to the Standing Committee of the Municipal People's Congress for deliberation.
Please consider whether the above opinions are appropriate.
Report of the Legal Committee of the Municipal People's Congress on the Revision of the Regulations of Beijing Municipality on Gas Management (Revised Draft)
-June 5438+065438+1October 3, 2006 in the 12th People's Congress of Beijing.
At the thirty-second meeting of the Standing Committee
Wang is the deputy director of the Legal Affairs Committee of the Municipal People's Congress.
Director, Deputy Directors, Secretary-General and members:
On June 365438+1October 3 1 day, 2006, the 32nd meeting of the Standing Committee of the 12th Municipal People's Congress deliberated the Regulations of Beijing Municipality on Gas Management (Revised Draft) for the second time. At the meeting, three members expressed their opinions and suggestions. Members believe that the "Regulations (Revised Draft)" has absorbed the opinions of members of the Standing Committee and other relevant parties, and has basically matured after revision. At the same time, members also put forward specific opinions and suggestions on the revision of the Regulations (Revised Draft). The Legal Affairs Panel held a meeting on the evening of June 65438+1October 3 1. According to the deliberation opinions of the Standing Committee and other opinions, the regulations (revised draft) were reviewed. The modification is now reported as follows:
I. Suggestions on Amending Article 2 of the Regulations (Revised Draft)
Article 2 of the Regulations (Revised Draft) stipulates the scope of application of these Regulations. Some members pointed out that the scope of application of this article was inaccurate. According to the opinions of its members, the Legal Affairs Committee amended this article to read: "These Regulations shall apply to the planning, supply and use of gas, the construction of gas facilities and other related management activities within the administrative area of this Municipality.
Where laws and administrative regulations provide otherwise, such provisions shall prevail. "(article 2 of the voting draft)
Two, on the "Regulations (Revised Draft)" article twentieth of the first paragraph of the fifth amendment.
The fifth item of the first paragraph of Article 20 of the Regulations (Revised Draft) stipulates that gas supply units shall establish a regular safety inspection system. Some members suggested that the question of whether to charge for regular safety inspections should be clearly defined. According to the opinions of the members, the Legal Affairs Committee suggested that this item be revised as follows: "Establish a safety inspection system for gas facilities, conduct regular free safety inspections for users' gas facilities in accordance with the relevant regulations of the state and this Municipality, and make safety inspection records; If it is found that there are hidden dangers in the user's gas facilities, it shall inform the user in writing to eliminate them in time; "(Paragraph 1 (5) of Article 20 of the voting draft)
Three, on the "Regulations (Revised Draft)" the fiftieth paragraph of the second amendment.
Paragraph 2 of Article 50 of the "Regulations (Revised Draft)" stipulates penalties for acts that violate the provisions of Items (2), (3), (4), (5) and (6) of Article 32 of this Ordinance. Some members suggested increasing the punishment. The Legal Committee believes that the above five kinds of illegal acts have different harmfulness and should be punished according to the specific circumstances. It is suggested to amend this paragraph to read: "Those who violate the provisions of Items (2), (3), (4), (5) and (6) of Article 32 of these Regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections and may be fined between 3,000 yuan and 30,000 yuan." (Paragraph 2 of Article 50 of the voting version)
In addition, according to the deliberation opinions of the Standing Committee and the opinions of relevant parties, the Legal Affairs Commission has also made some textual amendments to the Regulations (Revised Draft).
According to the above opinions, the Legal Affairs Committee put forward the Regulations of Beijing Municipality on Gas Management (voting draft), which is recommended for adoption at this meeting of the Standing Committee and will come into force on May 1 2007.