Measures for the Energy Conservation Examination of Fixed-Asset Investment Projects (2023)

Measures for the Energy Conservation Examination of Fixed-Asset Investment Projects (2023)

Order of the National Development and Reform Commission of the People's Republic of China
(No. 2)

The Measures for the Energy Conservation Examination of Fixed-Asset Investment Projects, as deliberated and adopted at the 1st Executive Meeting of the National Development and Reform Commission on March 17, 2023, are hereby issued, and shall come into force on June 1, 2023.

Director Zheng Zhajie

March 28, 2023

Measures for the Energy Conservation Examination of Fixed-Asset Investment Projects

Chapter I General Provisions

Article 1 These Measures are developed in accordance with the Energy Conservation Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China, the Regulation on the Energy Conservation of Civil Buildings, the Regulation on the Energy Conservation of Public Institutions, and other applicable laws and regulations for the purposes of improving the total amount and intensity control of energy consumption, promoting the scientific and rational use of energy in fixed-asset investment projects, strengthening energy use management, promoting energy conservation, preventing energy waste, enhancing the energy use efficiency, and promoting the realization of carbon peak and carbon neutrality.

Article 2 These Measures shall apply to the fixed-asset investment projects constructed within the territory of China that are under the administration of the appropriate investment departments of people's governments at all levels. For the purposes of these Measures, “energy conservation examination” means the examination of the energy consumption, energy efficiency level, energy conservation measures, and other circumstances of projects and the formation of examination opinions in accordance with the laws, regulations, policies, and standards, among others, on energy conservation.

Article 3 The opinion on the energy conservation examination of a fixed-asset investment project is an important basis for the construction, acceptance check, and operation management of the project. For a government investment project, the construction employer shall, before submitting the project feasibility study report, obtain the energy conservation examination opinion issued by the energy conservation examination authority. For an enterprise investment project, the construction employer shall, before commencing construction, obtain the energy conservation examination opinion issued by the energy conservation examination authority. The construction employer shall not commence the construction of a project which fails to undergo the energy conservation examination in accordance with the provisions of these Measures or fails to pass the energy conservation examination, and if the project has been completed, it shall not be put into production or use.

Article 4 The work funds for the energy conservation examination of fixed-asset investment projects shall be included in departmental budgets in accordance with the relevant provisions issued by the state, and an application shall be filed with the finance department at the same level under prescribed procedures. No fees may be charged for the energy conservation examination of projects.

Chapter II Management Duties

Article 5 The National Development and Reform Commission (“NDRC”) shall be responsible for developing the measures for the administration of energy conservation examination, organizing the preparation of technical standards, specifications, and guides, providing business training, and overseeing and directing the energy conservation examination of new major high energy consumption projects in all localities based on local energy consumption situation, implementation of total energy consumption and intensity control, the control of fossil energy consumption, the completion of energy conservation targets and tasks, the progress of advancing carbon peak and carbon neutrality, and other circumstances.

Article 6 The departments charged with the administration of energy conservation of local people's governments at and above the county level shall, based on the actual conditions of local energy conservation, strengthen the overall guidance and coordination of energy conservation examination, implement the total energy consumption and intensity control, strengthen the management of restrictive indicators for the reduction of energy consumption intensity, effectively enhance the flexibility of total energy consumption management, control fossil energy consumption, and resolutely curb the blind development of high energy consumption, high emission, and low-level projects.

Article 7 The local energy conservation examination authority shall be responsible for the energy conservation examination of fixed-asset investment projects. Energy conservation examination authorities shall formulate and publish service guides, specifying the application materials, acceptance methods, examination conditions, handling process, and time limit for handling, among others, relating to energy conservation examination to provide guidance and services to construction employers, and enhance the work efficiency and transparency. Energy conservation examination authorities at higher levels shall strengthen the guidance over the work of energy conservation examination authorities at lower levels.

Article 8 Where the energy conservation examination authority and the department charged with the administration of energy conservation are different departments, the energy conservation examination authority shall effectively connect the work with the department charged with the administration of energy conservation at the same level, and for the energy conservation examination of major high energy consumption projects, solicit the opinions of the department charged with the administration of energy conservation at the same level, and promptly send a copy of the information on its implementation of energy conservation examination to the department charged with the administration of energy conservation at the same level.

Article 9 For a government investment project submitted by the NDRC upon confirmation to the State Council for approval or subject to the approval of the NDRC, the construction employer shall, before submitting the project feasibility study report, obtain the energy conservation examination opinion issued by the provincial energy conservation examination authority. For an enterprise investment project submitted by the NDRC upon confirmation to the State Council for confirmation or subject to the confirmation of the NDRC, the construction employer shall, before commencing construction, obtain the energy conservation examination opinion issued by the provincial energy conservation examination authority.

The provincial energy conservation examination authority shall be responsible for the energy conservation examination of a fixed-asset investment project with the annual comprehensive energy consumption (for reconstruction projects with no change in the construction site and main production process and equipment, the calculation shall be based on the annual comprehensive energy consumption increment after they are completed and put into use, and for other projects, the calculation shall be based on the annual comprehensive energy consumption after they are completed and put into use, and the electric power conversion coefficient shall be based on the equivalent value, here and below) of 10,000 tons or more of standard coal. The authority for the administration of energy conservation examination of any other fixed-asset investment project shall be determined by the provincial energy cons......