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On November 8, China issued its first Energy Law, which aims to support the development and utilisation of renewable energy and increase the proportion of non-fossil energy consumption.
The law, which will come into effect in January 2025, stipulates that the state will formulate long-term development goals, monitor the yearly development and utilisation of non-fossil energy, and institute a minimum proportion of renewables in energy consumption.
Guo Haitao, director of the Institute of Energy Economics and Finance at the China University of Petroleum in Beijing, told People’s Daily: “The Energy Law clearly stipulates that renewable energy takes precedence over traditional fossil energy, which will effectively promote its development”.
However, the law also states that there will be “rational development and clean and efficient use” of fossil fuels. Energy Magazine reports that the peak-shaving and supporting role of coal-fired power and coal in the energy system have been written into the law.
Notably, the Energy Law also formally incorporates hydrogen, the management of which was previously under the hazardous chemicals designation, into the energy management system, on par with other energy sources, according to the 21st Century Business Herald.
Current new energy development faces the problem of absorption. The Energy Law seeks to ameliorate the problem by promoting grid interconnectivity and pushing for a market-based system. It will also encourage the development of distributed energy, in which generators are placed closer to areas where energy will be used, as well as local development and utilisation, Yang Lei, deputy director of the Institute of Energy Research at Peking University, told the China News Service.
Separate laws already exist in the energy field, such as the Electricity Law, the Energy Conservation Law and the Renewable Energy Law. But Chen Xinghua, an associate professor at the North China University of Technology, noted that as a comprehensive legislation, the Energy Law pays special attention to the connection between different energy types, such as through energy substitution, that is not taken into account by those separate laws.
Read Dialogue Earth’s previous analysis on the impact of China’s then-draft energy law on its overseas investment.
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Energy Law of the People’s Republic of China
Xinhua News Agency Beijing November 8th
Energy Law of the People’s Republic of China
(Adopted at the twelfth meeting of the Standing Committee of the Fourteenth National People’s Congress on November 8, 2024)
table of Contents
Chapter 1 General
Chapter 2 Energy Planning
Chapter 3 Energy Development and Utilization
Chapter 4 Energy Market System
Chapter V Energy Reserve and Emergency
Chapter 6 Energy Technology Innovation
Chapter VII Supervision and Management
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter 1 General
Article 1 In order to promote the high-quality development of energy, guarantee national energy security, promote economic and social green and low-carbon transformation and sustainable development, actively and steadily promote carbon peak carbon neutrality, and adapt to the needs of comprehensively building a socialist modern state. This law.
Article 2 Energy referred to in this Law refers to various resources that obtain useful energy directly or through processing and conversion, including coal, oil, natural gas, nuclear energy, hydropower, wind energy, solar energy, biomass energy, geothermal energy, marine energy, and Electricity, heat, hydrogen energy, etc.
Article 3 Energy work should adhere to the leadership of the Communist Party of China, implement new development concepts and overall national security concepts, coordinate development and security, implement energy consumption revolution, energy supply revolution, energy technology revolution, energy system revolution, and strengthen international cooperation in all directions New energy security strategy, adhere to domestic, pluralistic security, priority conservation, green development, and accelerate the construction of a new energy system that is clean, low-carbon, safe, and efficient.
Article 4 The state adheres to the principles of multiple measures, precise policy management, scientific management, and social co-governance, improves energy conservation policies, strengthens energy conservation management, and comprehensively adopts economic, technical, and publicity and education measures to promote the entire process of economic and social development and All fields comprehensively reduce energy consumption and prevent energy waste.
Article 5 The state improves energy development and utilization policies, optimizes energy supply structure and consumption structure, actively promotes clean and low-carbon energy development, and improves energy efficiency.
The country has established a new mechanism for the comprehensive transformation of the total energy consumption and intensity of double-controlled carbon emissions and the intensity of the two-controlled transformation, and accelerated the construction of a two-controlled system of total carbon emissions.
Article 6 The state accelerates the establishment of an energy market system with multiple subjects, unified openness, orderly competition, and effective supervision. It regulates the order of the energy market according to law, and equally protects the legitimate rights and interests of various entities in the energy market.
Article 7 The state improves the energy production and storage system, improves the energy reserve system and energy emergency mechanism, enhances energy supply capacity, and guarantees energy security, stability, reliability, and effective supply.
Article 8 The state establishes and improves an energy standard system to ensure energy security and green and low-carbon transformation, and promote the development of new energy technologies, new industries, and new industries.
Article 9 The state strengthens the capacity building of energy science and technology innovation, supports scientific and technological research, application demonstration and industrialization development of energy development and utilization, and provides scientific and technological support for the high-quality development of energy.
Article 10 The country adheres to the policy of equality, mutual benefit, and win-win cooperation, and actively promotes international cooperation in energy.
Article 11 People’s governments at or above the county level should strengthen the organization and leadership and overall coordination of energy work, and promptly study and resolve major issues in energy work.
People’s governments at or above the county level should incorporate energy work into national economic and social development plans and annual plans.
Article 12 The Energy Department of the State Council is responsible for national energy work. Other relevant departments of the State Council are responsible for related energy work within their respective responsibilities.
The energy authorities of local people’s governments at or above the county level are responsible for energy work in this administrative area. Other relevant departments of the local people’s government at or above the county level are responsible for the energy work related to the administrative area within their respective responsibilities.
Article 13 People’s governments at or above the county level and their related departments shall take various forms to strengthen publicity and education on energy conservation, energy security and green and low-carbon development of energy, enhance energy conservation awareness and energy security awareness of the whole society, and promote the formation of green Low-carbon production lifestyle.
The news media should carry out energy conservation, energy security and energy green and low-carbon development public welfare promotion.
Article 14 Recognition and rewards shall be given to units and individuals who have made outstanding contributions in energy work in accordance with relevant national regulations.
Chapter 2 Energy Planning
Article 15 The state formulates and improves energy planning, and exerts the role of energy planning in guiding, guiding, and regulating energy development.
Energy planning includes national comprehensive energy planning, national energy planning in sub-domains, regional energy planning, and energy planning in provinces, autonomous regions, and municipalities.
Article 16 The national comprehensive energy plan is organized and prepared by the energy department of the State Council and relevant departments of the State Council. The national comprehensive energy plan should be prepared in accordance with the national economic and social development plan, and should be linked to relevant plans such as land and space planning.
The national energy planning in sub-fields is prepared by the energy department of the State Council and relevant departments of the State Council in accordance with the National Comprehensive Energy Planning Organization.
The Energy Administration of the State Council, together with the relevant departments of the State Council and the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government, can compile cross-provincial and autonomous regions based on regional economic and social development needs and energy resource endowments, energy production consumption characteristics, and ecological environmental protection requirements. 1. Regional energy planning for municipalities. Regional energy planning should be consistent with the national comprehensive energy plan and be linked to relevant national energy planning in various fields.
Article 17 The energy authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, together with relevant departments, organize and prepare energy plans for the provinces, autonomous regions, and municipalities based on national comprehensive energy plans, relevant national energy plans, and relevant regional energy plans.
If the municipal people’s government and county-level people’s governments of the established districts need to prepare energy plans, they shall be implemented in accordance with the relevant regulations of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 18 The preparation of energy plans should follow the laws of energy development, adhere to overall planning, and strengthen scientific arguments. Departments that organize the preparation of energy plans should solicit opinions from relevant departments, relevant enterprises and industry organizations, and relevant experts.
Energy planning should clarify the objectives, main tasks, regional layout, key projects, and safeguards of energy development during the planning period.
Article 19 The energy plan shall be implemented after being approved in accordance with the prescribed authority and procedures.
The approved energy plan should be published in accordance with regulations.
Article 20 The department that organizes the preparation of energy plans shall organize an assessment of the implementation of energy plans. If it is indeed necessary to adjust the energy plan based on the assessment results, it shall be reported to the original approval authority for approval, unless the state otherwise provides.
Chapter 3 Energy Development and Utilization
Article 21 According to the endowment of energy resources and the needs of sustainable economic and social development, the country shall formulate and improve energy development and utilization policies by coordinating factors such as ensuring energy security, optimizing energy structure, promoting energy transformation and saving energy, and protecting the ecological environment.
Article 22 The state supports the priority development and utilization of renewable energy, the rational development and clean and efficient use of fossil energy, the promotion of non-fossil energy safe, reliable and orderly replacement of fossil energy, and the increase in the proportion of non-fossil energy consumption.
The Energy Administration of the State Council and relevant departments of the State Council formulate medium- and long-term development goals for the development and utilization of non-fossil energy, monitor the development and utilization of non-fossil energy on an annual basis, and publish them to the society.
Article 23 The Energy Administration of the State Council and relevant departments of the State Council formulate and organize the implementation of the minimum proportion of renewable energy in energy consumption.
The state has improved the renewable energy power consumption guarantee mechanism. Power supply enterprises, power sales enterprises, relevant power users and enterprises using power supply from self-supporting plants shall bear the responsibility of absorbing renewable energy power generation in accordance with relevant national regulations.
The Energy Administration of the State Council and relevant departments of the State Council monitor and evaluate the implementation of the minimum proportion of renewable energy in energy consumption and the implementation of renewable energy power absorption responsibilities.
Article 24 The state coordinates hydropower development and ecological protection, and strictly controls the development and construction of small hydropower stations.
The development, construction and renovation of hydropower stations should be in line with the relevant planning of the watershed, and the needs of flood control, ecology, water supply, irrigation, and shipping should be taken into account.
Article 25 The state promotes the development and utilization of wind and solar energy, adheres to both centralized and distributed methods, accelerates the construction of wind power and photovoltaic power bases, supports the development and utilization of distributed wind power and photovoltaic power generation nearby, and develops wind power at sea in a reasonable and orderly manner. Actively develop photothermal power generation.
Article 26 The state encourages the rational development and utilization of biomass energy, and develops biomass power generation, biomass energy cleaning and heating, and bioliquid fuel and biogas according to local conditions.
The state promotes the scale development and utilization of marine energy and develops geothermal energy according to local conditions.
Article 27 The state actively develops nuclear power in a safe and orderly manner.
The Energy Administration of the State Council and the relevant departments of the State Council coordinate and coordinate the development and layout of nuclear power throughout the country, and strengthen the management and supervision of nuclear power plant planning, site selection, design, construction, and operation in accordance with their responsibilities.
Article 28 The state optimizes the coal development layout and industrial structure, encourages the development of a circular economy in coal mines, optimizes the coal consumption structure, promotes the clean and efficient use of coal, and plays the role of coal in basic security and system regulation in the energy supply system.
Article 29 The state takes various measures to increase the exploration and development of oil and natural gas resources, and enhance the domestic supply guarantee capacity of oil and natural gas.
Oil and gas development insists on equal emphasis on land and sea, and encourages the scale development of unconventional oil and gas resources such as dense oil and gas, shale oil, shale gas, and coalbed methane.
The state optimizes the layout and structure of the oil processing and conversion industry, and encourages the use of advanced and intensive processing and conversion methods.
The state supports the rational development and utilization of new fuels and industrial raw materials that can replace oil and natural gas.
Article 30 The state promotes the clean and efficient development of coal-fired power generation. According to the needs of the stable operation of the power system and the guarantee of power supply, the coal-fired power generation construction is reasonably arranged to improve the adjustment capacity of coal-fired power generation.
Article 31 The state accelerates the construction of new power systems, strengthens the coordinated construction of power grids, promotes the intelligent transformation of power grid infrastructure and the construction of smart microgrids, and improves the ability of the power grid to accept, configure, and regulate renewable energy.
Article 32 The country has a reasonable layout, actively and orderly develops and constructs pumping energy storage power plants, promotes the high-quality development of new types of energy storage, and plays the role of regulating various types of storage capacity in the power system.
Article 33 The state actively and orderly promotes the development and utilization of hydrogen energy and promotes the high-quality development of the hydrogen energy industry.
Article 34 The state promotes the improvement of energy efficiency, encourages the development of distributed energy and multi-energy complementary, multi-energy supply integrated energy services, actively promotes market-based energy-saving services such as contract energy management, and improves the cleanliness and low-carbon end-energy consumption , Efficiency, and intelligent level.
The state establishes a green energy consumption promotion mechanism through the implementation of renewable energy green power certificates and other systems, and encourages energy users to give priority to the use of clean and low-carbon energy sources such as renewable energy.
Public institutions should give priority to purchasing, using clean and low-carbon energy sources such as renewable energy, and energy-saving products and services.
Article 35 Energy enterprises and energy users shall be equipped and use energy and carbon emission measurement equipment in accordance with relevant national regulations.
Energy users should use energy reasonably in accordance with safe use regulations and regulations on energy conservation, fulfill their obligations to save energy according to law, actively participate in energy demand response, expand green energy consumption, and consciously practice green and low-carbon production and lifestyles.
The state strengthens the management of energy demand side, and by improving the system of ladder prices and hourly prices, it guides energy users to rationally adjust their energy methods, time, quantity, etc. to promote energy conservation and improve energy efficiency.
Article 36 Enterprises that undertake energy supply such as electricity, gas, and heat shall ensure that energy users in the business area receive safe, continuous, and reliable energy supply services in accordance with laws, regulations, and relevant state regulations. There is no legal or agreed cause Refuse or interrupt energy supply services, and shall not arbitrarily raise prices, collect fees illegally, reduce supply quantities, or limit purchase quantities.
The enterprises specified in the preceding paragraph shall publicize service specifications, charging standards and complaint channels, etc., and provide public inquiry services for energy users.
Article 37 The state strengthens energy infrastructure construction and protection. No unit or individual may engage in activities that endanger the safety of energy infrastructure.
The Energy Administration of the State Council and the relevant departments of the State Council coordinate the construction of energy infrastructure such as oil, gas and power transmission pipelines across provinces, autonomous regions, and municipalities; the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government should reserve energy infrastructure in accordance with energy planning Land, sea use, and incorporated into the land space plan.
Enterprises operating energy pipeline facilities such as oil, natural gas, and electricity should improve the operation safety level of the energy transmission pipeline and ensure the operation safety of the energy transmission pipeline system. The facilities and products connected to the energy pipeline network should meet the requirements for the safe operation of the pipeline system.
Article 38 The state encourages and supports rural energy development in accordance with the principles of urban-rural integration, local conditions, multi-complementarity, comprehensive utilization, and service enhancement, with a focus on supporting rural energy development in old revolutionary areas, ethnic areas, border areas, and underdeveloped areas. To improve rural energy supply capacity and service level.
Local people’s governments at or above the county level should coordinate the construction of urban and rural energy infrastructure and public service systems, and promote the interconnection of urban and rural energy infrastructure.
When there is a temporary shortage of energy supply in rural areas, the relevant local people’s governments should take measures to give priority to ensuring rural energy and agricultural production energy.
Article 39 Engaged in energy development and utilization activities shall abide by the provisions of laws and regulations related to ecological environmental protection, safe production and occupational disease prevention, reduce pollutant and greenhouse gas emissions, prevent damage to the ecological environment, and prevent and reduce production safety Accidents and occupational diseases.
Chapter 4 Energy Market System
Article 40 The state encourages and guides various business entities to invest in energy development and utilization, energy infrastructure construction, etc. in accordance with law to promote energy market development.
Article 41 The state promotes the independent operation of natural monopolies in the energy sector and the reform of the marketization of competitive links. It strengthens the supervision and regulation of natural monopolies in the energy sector in accordance with the law, and supports various business entities to participate in the energy field fairly in accordance with market rules. Competitive business.
Article 42 The Energy Administration of the State Council and the relevant departments of the State Council coordinate to promote the construction of a unified national coal, electricity, oil, natural gas and other energy trading markets, and promote the establishment of well-functioning and standardized market trading institutions or trading platforms to expand transactions in accordance with law Methods and transaction product scope, improve transaction mechanisms and transaction rules.
Article 43 The people’s government at or above the county level and its related departments shall strengthen the overall dispatch organization to ensure the smooth flow of energy transportation.
Energy pipeline facility operating enterprises should improve fair access and use mechanisms, disclose information on the access and transmission capabilities and operation of energy pipeline facilities in accordance with regulations, and open to qualified enterprises and other operating entities in a fair and non-discriminatory manner and provide energy Delivery service.
Article 44 The state encourages upstream and downstream enterprises in the energy field to strengthen cooperation and coordinated development in accordance with the market in accordance with the law by entering into long-term agreements and other means to improve the energy market risk response capabilities.
The state coordinated to promote high-quality development such as energy resource exploration, design and construction, equipment manufacturing, project financing, circulating trade, and information services, and to enhance the support capacity of all chain services in the energy field upstream and downstream.
Article 45 The state promotes the establishment of an energy price formation mechanism that is compatible with the socialist market economic system and is mainly determined by factors such as energy resource status, product and service costs, market supply and demand status, and sustainable development status.
The energy prices of government pricing or government-led prices are implemented according to law, and the pricing authority and specific scope of application are based on the central and local pricing catalogs. The formulation and adjustment of energy prices that implement government pricing or government-guided prices should comply with laws, administrative regulations, and relevant national regulations such as the ? Price Law of the People’s Republic of China ?. Energy companies should provide relevant data such as price costs in a timely, true, and accurate manner in accordance with regulations.
The state improves the energy price control system, improves the effectiveness of energy price control, and constructs a mechanism to prevent and respond to the risk of abnormal price fluctuations in the energy market.
Article 46 The state actively promotes international investment and trade cooperation in the energy field, and effectively prevents and responds to international energy market risks.
Chapter V Energy Reserve and Emergency
Article 47 The state establishes a sound and efficient energy reserve system in accordance with the principles of government-led, social construction, and multiple complementarities. It scientifically and reasonably determines the types, scale, and methods of energy reserves, and exerts strategic guarantees, macro-regulation, and response to energy reserves. Urgent needs and other functions.
Article 48 Energy reserves are combined with government reserves and enterprise reserves, and physical reserves and production capacity reserves and mineral reserves are coordinated.
Government reserves include central government reserves and local government reserves. Enterprise reserves include corporate social responsibility reserves and other corporate production and operation stocks.
The collection, storage, rotation and use of energy reserves shall be implemented in accordance with laws, administrative regulations and relevant national regulations.
The state improves the government reserve market adjustment mechanism and takes effective measures to deal with risks such as large market fluctuations.
Article 49 The government reserve storage operating agency shall establish and improve an internal management system in accordance with laws, administrative regulations and relevant state regulations, strengthen reserve management, and ensure the safety of government reserves.
Corporate social responsibility reserves are established in accordance with the principles of enterprise ownership, policy guidance, and effective supervision. Energy enterprises that undertake social responsibility reserves should implement reserve responsibilities in accordance with the prescribed types and quantities, and accept the supervision and management of relevant government departments.
The specific method of energy production capacity reserve shall be formulated by the energy department of the State Council in conjunction with the financial department of the State Council and other relevant departments.
The specific methods of energy and mineral reserves are formulated by the State Council’s Natural Resources Administration in conjunction with the State Council’s Energy Administration, the State Council’s Finance Department, and other relevant departments.
Article 50 The state improves the energy reserve supervision system, accelerates the construction of energy reserve facilities, improves the professional level of energy reserve operators, strengthens the informatization construction of energy reserves, and continuously improves the comprehensive efficiency of energy reserves.
Article 51 The state establishes and improves an energy forecast and early warning system, improves energy forecast and early warning capabilities and levels, and promptly and effectively conducts forecast and early warning of changes in energy supply and demand, fluctuations in energy prices, and energy security risks.
The energy forecast warning information is issued by the energy authority of the State Council.
Article 52 The state establishes a unified leadership, hierarchical responsibility, and coordinated energy emergency management system.
People’s governments at or above the county level should take effective measures to strengthen the construction of energy emergency systems, regularly carry out energy emergency drills and training, and improve energy emergency capabilities.
Article 53 The energy department of the State Council and the relevant departments of the State Council shall prepare a national energy emergency plan, which shall be implemented after being submitted to the State Council for approval.
The Energy Administration of the State Council and relevant departments of the State Council strengthen the coordination of guidance and coordination of energy emergency work across provinces, autonomous regions, and municipalities directly under the Central Government.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government formulate energy emergency plans for this administrative region based on the actual situation in this administrative region.
The formulation of energy emergency plans for municipal people’s governments and county-level people’s governments at the district level shall be decided by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Larger energy companies and energy units should prepare their own energy emergency plans in accordance with national regulations.
Article 54 When there is a serious shortage of energy supply and an emergency state of energy such as supply interruption, the relevant people’s government shall promptly initiate emergency response in accordance with its authority. According to the actual situation and needs, the following emergency disposal measures may be taken according to law:
(1) Publish relevant information such as energy supply and demand;
(2) Implement energy production, transportation, supply emergency dispatch or directly organize energy production, transportation, supply;
(3) Requisition of related energy products, energy reserve facilities, transportation vehicles and other materials that guarantee energy supply;
(4) Implement price interventions and price emergency measures;
(5) Organize the release of energy reserves in accordance with regulations;
(6) Organize and implement energy supply in accordance with the order of energy supply security;
(7) Other necessary measures.
After the energy emergency state is eliminated, the relevant people’s government should terminate the implementation of emergency disposal measures in a timely manner.
Article 55 When an energy emergency state specified in Article 54 of this Law occurs, energy enterprises, energy users and other relevant units and individuals shall obey the unified command and arrangements of the relevant people’s governments and undertake corresponding energy emergency obligations in accordance with the regulations , Cooperate with emergency disposal measures to help maintain the order of the energy market.
If the relevant units and individuals cause losses due to the implementation of energy emergency disposal measures, the relevant people’s government shall compensate them according to law.
Chapter 6 Energy Technology Innovation
Article 56 The state formulates policy measures to encourage and support energy science and technology innovation, and promotes the establishment of an energy technology innovation system led by national strategic scientific and technological forces, enterprises as the main body, market-oriented, and deep integration of obstetrics.
Article 57 The State encourages and supports the exploration and development of energy resources, the clean and efficient use of fossil energy, the development and utilization of renewable energy, the safe use of nuclear energy, the development and utilization of hydrogen energy, and the basic, critical and cutting-edge areas of energy conservation Research, development, demonstration, application and industrialization of major technologies, equipment and related new materials.
Energy science and technology innovation should be included in the key support areas of national science and technology development and high-tech industry development related planning.
Article 58 The state formulates and improves policies such as industry, finance, and government procurement, and encourages and guides social funds to invest in energy and technological innovation.
Article 59 The state establishes a major energy technology innovation platform to support the construction of major energy technology infrastructure and energy technology research and development, testing, testing, certification and other public service platforms to improve energy technology innovation and service capabilities.
Article 60 The state supports the concentrated development of scientific and technological offsets and integrated application demonstrations based on major energy projects, and promotes production research as well as energy upstream and downstream industrial chains and supply chain collaborative innovation.
Article 61 The state supports the application of advanced information technology in the energy field, promotes the digital and intelligent development of energy production and supply, and the collaborative conversion and integration of multiple energy sources.
Article 62 The state strengthens the training of energy science and technology professionals, and encourages and supports educational institutions, scientific research institutions and enterprises to cooperate in the cultivation of high-quality professionals in energy technology.
Chapter VII Supervision and Management
Article 63 The energy authorities and other relevant departments of the people’s government at or above the county level shall, in accordance with the division of responsibilities, strengthen the supervision and inspection of related energy work, and promptly investigate and punish illegal acts.
Article 64 The energy authorities and other relevant departments of the people’s government at or above the county level shall perform supervision and inspection duties in accordance with the division of responsibilities and regulations, and may take the following measures:
(1) Enter energy companies, dispatch agencies, energy market trading agencies, energy users and other units to carry out on-site inspections;
(2) Inquire about the personnel related to the inspection matters and ask them to explain the relevant matters;
(3) Check and copy documents, materials and electronic data related to inspection matters;
(4) Other measures prescribed by laws and regulations.
The supervision and inspection carried out by the energy competent department and other relevant departments in accordance with law shall be cooperated by the inspected unit and its related personnel, and shall not be refused or hindered.
Energy authorities and other relevant departments and their staff are obliged to keep confidential state secrets, trade secrets, personal privacy and personal information known during the supervision and inspection process.
Article 65 The energy authorities and other relevant departments of the people’s government at or above the county level shall strengthen energy supervision synergy, improve supervision effectiveness, and may establish energy supervision information systems according to work needs.
Relevant units should submit relevant information to the energy authorities and other relevant departments in accordance with regulations.
Article 66 The energy department of the State Council and the relevant departments of the State Council strengthen the construction of the credit system in the energy industry and establish a credit record system in accordance with relevant state regulations.
Article 67 Disputes arising from the access and use of energy pipeline facilities can be coordinated by the energy authorities of the people’s governments at the provincial level and above. If the coordination is not possible, the parties can file a lawsuit in the people’s court; the parties can also directly The people’s court filed a lawsuit.
Article 68 Any unit or individual shall have the right to report to the energy authorities or other relevant departments of the people’s government at or above the county level for violations of this Law and other energy-related laws and regulations. The department receiving the report shall deal with it in accordance with the law in a timely manner.
Chapter VIII Legal Liability
Article 69 Staff members of the energy authorities or other relevant departments of the people’s government at or above the county level who violate the provisions of this Law and abuse their powers, neglect their duties, and favoritism shall be punished according to law.
Article 70 In violation of the provisions of this Law, enterprises that undertake energy supplies such as electricity, gas, and heat have no statutory or agreed reasons to refuse or interrupt energy supply services to energy users in the business area, or to increase prices without authorization, collect fees illegally, and reduce If the quantity of supply or the quantity is restricted, the energy department of the people’s government at or above the county level shall be corrected in accordance with the division of responsibilities order and shall be given administrative penalties. If the circumstances are serious, the relevant supervisors and those directly responsible shall be punished according to law.
Article 71 Anyone who violates the provisions of this Law and fails to open up to qualified enterprises and other business entities in a fair and non-discriminatory manner and provides energy transmission services shall be provided by the energy authorities or other relevant departments of the people’s government at or above the provincial level. Corrected in accordance with the division of responsibilities, given warnings or notified criticism; if you refuse to correct, you will be fined less than twice the economic loss of the relevant business entity; Relevant supervisors and directly responsible personnel shall be punished according to law.
Article 72 Anyone who violates the provisions of this Law shall be corrected by the energy department of the people’s government at or above the county level or other relevant departments in accordance with the division of responsibilities and orders, giving warnings or notifying criticism; if he refuses to correct, he shall be fined more than 10,000 yuan and less than 200,000 yuan:
(1) Enterprises that undertake energy supply such as electricity, gas, and heat have not announced service specifications, charging standards, and complaint channels, or have not provided public inquiry services for energy users;
(2) The energy pipeline facility operating enterprise has not disclosed the access and transmission capacity and operation information of the energy pipeline facility in accordance with the regulations;
(3) Energy companies have not provided relevant data such as price costs in accordance with regulations;
(4) The relevant units have not submitted relevant information to the energy authorities or other relevant departments in accordance with the regulations.
Article 73 In violation of the provisions of this Law, energy companies, energy users, and other relevant units or individuals do not obey the unified command and arrangements of the relevant people’s governments when they are in an energy emergency state, fail to undertake energy emergency obligations in accordance with the regulations, or do not cooperate in taking emergency disposal measures The energy department of the people’s government at or above the county level shall be corrected in accordance with the division of responsibilities, warning or criticism; If you refuse to correct it, you will be fined more than 10,000 yuan and less than 50,000 yuan for the individual, and you will be fined more than 100,000 yuan for the unit.
Article 74 Anyone who violates the provisions of this Law and causes property losses or other damages shall bear civil liability according to law; those who constitute violations of public security management shall be given punishment for public security management according to law; if they constitute a crime, they shall be held criminally responsible.
Chapter IX Supplementary Provisions
Article 75 The meaning of the following terms in this law:
(1) Fossil energy refers to energy that has evolved from ancient animal and plant fossils through geological action, including coal, oil, and natural gas.
(2) Renewable energy refers to energy that can be continuously supplemented and regenerated through natural processes in a relatively short period of time, including water energy, wind energy, solar energy, biomass energy, geothermal energy, and marine energy.
(3) Non-fossil energy refers to energy obtained without relying on fossil fuels, including renewable energy and nuclear energy.
(4) Biomass energy refers to energy converted from biological, chemical or physical processes using plants in nature and urban and rural organic waste.
(5) Hydrogen energy refers to the energy released by the chemical reaction of hydrogen as an energy carrier.
Article 76 The energy development and utilization management of the military shall be implemented in accordance with the relevant regulations of the state and the military.
If the state otherwise stipulates the development and utilization of nuclear energy, its provisions shall apply.
Article 77 If the international treaty on energy concluded or participated in by the People’s Republic of China has different provisions from this Law, the provisions of the international treaty shall apply, except for the provisions of the People’s Republic of China that declare reservations.
Article 78 If any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People’s Republic of China in the renewable energy industry or other energy fields, the People’s Republic of China may take the country or region according to the actual situation Corresponding measures.
Article 79 Organizations and individuals outside the People’s Republic of China who commit acts that endanger the national energy security of the People’s Republic of China shall be held accountable according to law.
Article 80 This Law shall come into force on January 1, 2025.
