National Development and Reform Commission: Plans to establish a dynamic adjustment mechanism for the energy-saving review authority of fixed asset investment projects.

On August 21, the National Development and Reform Commission solicited opinions on the "Energy-saving Review Methods for Fixed Asset Investment Projects". The draft for soliciting opinions proposes that the National Development and Reform Commission establish a dynamic adjustment mechanism for the energy-saving review authority of fixed asset investment projects. Based on factors such as energy-saving and carbon reduction situation, industry development, etc., energy-saving reviews will be implemented for key industries with large-scale high energy consumption projects in regions where the energy-saving review capability is not suitable. The specific scope of regions and industries, project conditions, specific deadlines, etc., will be determined and implemented by the National Development and Reform Commission. Government investment projects subject to energy-saving review by the National Development and Reform Commission must obtain the energy-saving review opinions issued by the Commission before submitting feasibility study reports, and enterprise investment projects must obtain the energy-saving review opinions issued by the Commission before commencing construction. The original text is as follows: Energy-saving Review Methods for Fixed Asset Investment Projects (Draft for Soliciting Opinions) Chapter I General Provisions Article 1 In order to establish a new mechanism for comprehensive transformation from energy consumption control to carbon emission control, strengthen the management of energy consumption and carbon emissions of fixed asset investment projects, promote energy conservation and efficiency improvement, and actively and steadily promote the goals of carbon peaking and carbon neutrality, this method is formulated in accordance with the relevant laws and regulations such as the "Law of the People's Republic of China on Energy Conservation", the "Administrative Licensing Law of the People's Republic of China", the "Regulations on Energy Conservation of Civil Buildings", and the "Regulations on Energy Conservation of Public Institutions". Article 2 This method is applicable to fixed asset investment projects constructed within the territory of China managed by investment authorities of all levels of people's governments, including new construction, reconstruction, expansion, and technological renovation projects. The term "energy-saving review" in this method refers to reviewing the energy consumption, energy efficiency level, and energy-saving measures of projects based on energy conservation laws, regulations, and policy standards, comprehensively evaluating the energy use and carbon emissions of projects, and forming review opinions. Article 3 The energy-saving review opinions of fixed asset investment projects are important basis for the commencement of construction, completion acceptance, and operation management of projects. For government investment projects, the construction unit must obtain the energy-saving review opinions issued by the energy-saving appraisal authority before submitting the feasibility study report of the project. For enterprise investment projects, the construction unit must obtain the energy-saving review opinions issued by the energy-saving appraisal authority before commencing construction. Projects that have not undergone energy-saving reviews as required by this method or projects that have not passed the energy-saving review shall not commence construction, and those that have been completed shall not be put into production or use. Article 4 The funds related to energy-saving reviews of fixed asset investment projects shall be included in the department's budget in accordance with relevant national regulations and shall be applied for to the same-level financial department in accordance with prescribed procedures. No fees shall be charged for conducting energy-saving reviews of projects. Chapter II Management Responsibilities Article 5 The National Development and Reform Commission is responsible for formulating relevant management measures for energy-saving reviews, organizing the formulation of technical standards, norms, and guidelines, conducting business training, supervising the energy-saving review work of all regions based on the energy consumption and carbon emission situation, the completion of energy-saving and carbon reduction target tasks, the progress towards carbon peaking and carbon neutrality, etc. Article 6 The department responsible for managing energy conservation at the provincial level should, together with relevant departments, strengthen overall guidance and coordination for energy-saving review work based on the actual energy conservation and carbon reduction work in the local area, implement control over total energy consumption and intensity, strengthen the management of energy consumption and carbon emission intensity reduction targets, control fossil energy consumption in a reasonable manner, resolutely curb the blind development of high-energy consumption, high-emission, and low-level projects, and actively and steadily promote carbon peaking and carbon neutrality. Article 7 Energy-saving reviews of fixed asset investment projects are the responsibility of energy-saving appraisal authorities at all levels, and in principle, they should be departments at the municipal level and above responsible for managing energy conservation work of people's governments. If the energy-saving appraisal authority is different from the department responsible for managing energy conservation work, the energy-saving appraisal authority should strengthen coordination with the same-level department responsible for managing energy conservation work, seek the opinions of the same-level department responsible for managing energy conservation work on energy-saving reviews of major high-energy-consumption projects, and promptly copy the implementation of energy-saving reviews of the department to the same-level department responsible for managing energy conservation work. The energy-saving appraisal authority should formulate and publicly release a service guide, which clearly specifies the application materials for energy-saving reviews, acceptance methods, review conditions, processing procedures, processing deadlines, etc., to provide guidance and services to construction units, and to improve work efficiency and transparency. Higher-level energy-saving appraisal authorities should strengthen guidance to lower-level energy-saving appraisal authorities. Article 8 For fixed asset investment projects that require approval (approval) by the State Council or approval (approval) by the National Development and Reform Commission and fixed asset investment projects with an annual comprehensive energy consumption of 10,000 tons of standard coal or more (for projects whose construction location, main production processes, and equipment remain unchanged after reconstruction, the increase in annual comprehensive energy consumption after completion and production shall be calculated, and for other projects, the annual comprehensive energy consumption after completion and production shall be calculated; the power conversion coefficient is based on the equivalent value) that should be reviewed by the National Development and Reform Commission, the energy-saving review shall be carried out by the provincial energy-saving appraisal authority. For other fixed asset investment projects, the authority for energy-saving reviews may be delegated by the provincial energy-saving appraisal authority to municipal energy-saving appraisal authorities capable of conducting energy-saving reviews based on the actual situation. It is prohibited to transfer the authority for energy-saving reviews to administrative approval agencies that do not have the ability to conduct energy-saving reviews. Fixed asset investment projects with an annual comprehensive energy consumption of less than 1,000 tons of standard coal and an annual electricity consumption of less than 5 million kilowatt-hours, fixed asset investment projects involving state secrets, and fixed asset investment projects in industries with simple energy consumption processes and small energy-saving potential (the specific industry catalog shall be formulated and published by the National Development and Reform Commission and updated as appropriate) may not need to separately prepare energy reports. Projects should be constructed according to relevant energy standards and norms, and the feasibility study report or project application report should analyze the energy utilization, energy-saving measures, and energy efficiency level of the project. The energy-saving appraisal authority shall no longer conduct separate energy-saving reviews of the project and issue energy-saving review opinions. For projects involving two or more provinces, the energy-saving review work shall be led by the provincial energy-saving appraisal authority of the province where the main project (or controlling project) is located, and shall be implemented after consultation with the energy-saving appraisal authorities of other provincial-level regions. For bundled projects involving two or more provinces, the energy-saving review work shall be implemented by the relevant energy-saving appraisal authorities of the provinces (autonomous regions, municipalities) where the sub-projects are located. Article 9 The National Development and Reform Commission shall establish a dynamic adjustment mechanism for the authority of energy-saving reviews of fixed asset investment projects, taking into account factors such as the energy-saving and carbon reduction situation, industry development, etc., in regions where the energy-saving review capability is not suitable.The energy-intensive projects of the key industries in the district are subject to energy conservation review, which involves the scope of the region and industry, project conditions, specific deadlines, etc., and is implemented by the National Development and Reform Commission.The government investment projects subject to energy conservation inspection implemented by the National Development and Reform Commission must obtain the energy conservation inspection opinions issued by the National Development and Reform Commission before submitting the feasibility study report, and enterprises' investment projects must obtain the energy conservation inspection opinions issued by the National Development and Reform Commission before starting construction. Article 10 Local governments can implement regional energy conservation inspections in various development zones, new zones, and other eligible areas based on local conditions, specifying regional energy conservation targets, energy conservation measures, energy efficiency requirements, and fossil energy consumption control. For projects that fall within the scope of regional energy conservation inspection, except those that require inspection by the National Development and Reform Commission or provincial-level energy conservation inspection agencies, energy conservation inspection shall be based on a commitment basis. Specific implementation measures for regional energy conservation inspections shall be formulated by departments responsible for energy conservation at the provincial level based on actual circumstances. Chapter Three Energy Conservation Inspection Article 11 Fixed asset investment projects that require energy conservation inspection shall prepare an energy report. The project's energy report shall include the following contents: (1) Project overview; (2) Analysis and evaluation basis; (3) Energy analysis and comparison of construction and operation plans of the project, including overall layout, production process, energy use process, energy-consuming equipment, and energy measurement instruments; (4) Energy-saving and carbon reduction measures and their technical and economic justifications; (5) Project energy efficiency level, energy consumption, including unit product energy consumption, unit product fossil energy consumption, unit value-added energy consumption, unit value-added fossil energy consumption, energy consumption volume, energy consumption structure, fossil energy consumption volume, renewable energy consumption volume, supply guarantee situation, raw material energy consumption; comprehensive comparison of relevant data with national, regional, industry standards, and international and domestic industry levels; (6) Project carbon emissions, including total carbon emissions, unit value-added carbon emissions, carbon emission structure (energy activities, industrial production process emissions, imported electricity and heat, etc.); unit value-added carbon emissions should be compared with relevant national and industry standards and similar domestic and foreign enterprises; (7) Impact analysis of project implementation on the completion of energy conservation and carbon reduction goals in the local area. The construction unit shall provide a written commitment to be responsible for the truthfulness, legality, and completeness of the energy report, and shall not evade energy inspection by improper means such as splitting or combining projects. Article 12 If the energy report is complete and in accordance with statutory forms, the energy inspection authority shall accept it. If the content is incomplete or does not comply with the statutory forms, the energy inspection authority shall inform the construction unit on the spot or within 5 days to rectify all content that needs to be corrected. If no notification is issued after the deadline, the report shall be deemed accepted from the date of receipt. Article 13 After accepting the energy report, the energy inspection authority shall commission a technical institution with the capabilities to conduct an evaluation, form evaluation opinions, and use them as important basis for energy inspection. Article 14 The energy inspection authority shall review the project's energy report from the following aspects: (1) Whether the project complies with relevant laws, regulations, standards, and policies related to energy conservation and carbon reduction; (2) Whether the analysis of energy use and carbon emissions in the project is objective and accurate, the methods are scientific, and the conclusions are correct; (3) Whether the energy-saving and carbon reduction measures in the project are reasonable and feasible; (4) Whether the calculation of relevant data such as energy efficiency level, energy consumption, and carbon emissions in the project is accurate and meets the requirements of energy conservation and carbon reduction management in the local area. Article 15 The energy inspection authority shall issue energy inspection opinions within the time limit prescribed by law or clearly state that energy inspection is not approved. Energy inspection opinions are valid for 2 years from the date of issuance. If a project does not commence construction within the expected completion time stated in the energy report, or if the actual completion time exceeds 2 years, the project must undergo energy inspection again. Article 16 If there are significant changes in the construction location, content, scale, energy efficiency, carbon emissions, etc. of a fixed asset investment project that has undergone energy inspection, or if the actual comprehensive energy consumption and carbon emissions exceed the approved levels by 10% or more, the construction unit must submit a change application to the original energy inspection authority. The original energy inspection authority shall provide opinions for approval based on the actual situation or re-conduct energy inspection. If there is a change in the authority responsible for energy inspection, it should be promptly transferred to the competent authority for handling. Article 17 Before a fixed asset investment project formally begins production and use, the project's production process, energy-consuming equipment, implementation of energy-saving and carbon reduction technologies from the energy report, and the project's energy efficiency, energy consumption, and carbon emissions as stated in the energy inspection opinions must be inspected. For projects under the commitment management system, the content of the commitment and the implementation of regional energy inspection opinions must also be inspected. Projects that are constructed and put into production in stages must undergo inspections accordingly. The construction unit must prepare an energy inspection acceptance report based on facts and submit it to the energy inspection authority. Following the principle of "who approves, who inspects," the energy inspection authority is responsible for project energy inspection acceptance work, reviewing energy inspection acceptance reports, conducting on-site inspections of project construction, and issuing energy inspection acceptance opinions. If the energy inspection authority and the department responsible for energy conservation management are different, the energy inspection authority should cooperate with the department responsible for energy conservation management to conduct project energy inspection acceptance. Projects for which the National Development and Reform Commission issues energy inspection opinions shall undergo energy inspection acceptance organized by the National Development and Reform Commission. Projects that have not undergone energy inspection acceptance or have failed acceptance shall not be put into formal production and use. Chapter Four Supervision and Management Article 18 Energy conservation inspections for fixed asset investment projects should be included in the unified management of the online approval supervision platform for investment projects, implementing online acceptance, processing, supervision, and services to allow for the query and supervision of the inspection process and results. Fixed asset investment projects that do not undergo energy conservation inspection separately must submit information on energy consumption through the investment project online approval supervision platform. Article 19 The energy inspection authority shall strengthen mid-term and post-event supervision of energy conservation inspections in cooperation with relevant industry authorities, organizing inspections and checks on the implementation of project energy inspection opinions and energy inspection acceptance. Routine supervision and inspection work should be carried out according to the principle of "double random, one public." Article 20 Departments responsible for energy conservation management must fulfill their responsibilities for energy conservation supervision and management in accordance with the law and regulations, making the implementation of energy conservation inspections a focus of energy conservation supervision. Departments responsible for energy conservation management at all levels should strengthen the statistical analysis of energy inspection information.Regular scheduling of energy consumption, carbon emissions, energy efficiency levels, etc. of production projects that are already in operation, serves as an important reference for assessing the situation of energy conservation and emissions reduction, and for carrying out energy conservation and emissions reduction work.Article 21 The department at the provincial level responsible for managing energy conservation work should regularly report to the National Development and Reform Commission on the implementation of energy conservation inspections in their respective regions, submit project energy conservation inspection information and dispatch data of commissioned projects as required. Article 22 The National Development and Reform Commission implements dynamic supervision of national energy conservation inspections, conducts supervision and inspections of energy conservation inspection implementation in various regions, and conducts irregular spot checks on the implementation of energy conservation inspection opinions for major projects. The inspection results will be an important part of the evaluation and assessment of energy conservation targets. Chapter V Legal Responsibilities Article 23 For fixed asset investment projects that have not undergone energy conservation inspections in accordance with these regulations, or have not passed the energy conservation inspections, and have started construction or production or use without authorization, the energy conservation inspection authority shall order the suspension of construction or production, require rectification within a time limit, and publicly criticize the construction unit; a fine of up to 100,000 yuan may be imposed depending on the severity of the situation. After the completion of rectification is assessed by the energy conservation inspection authority, a certificate of completion of rectification may be issued based on the actual situation. For production projects that cannot be rectified or fail to rectify within the specified period, the energy conservation inspection authority shall report to the local government at the same level to close the production in accordance with the authority granted by the State Council, and hold the relevant responsible persons accountable according to law. Article 24 For fixed asset investment projects that pass energy conservation inspections by improper means such as splitting projects or providing false materials, the energy conservation inspection authority shall revoke the energy conservation inspection opinions of the project; for fixed asset investment projects that avoid energy conservation inspections by improper means, the energy conservation inspection authority shall conduct energy conservation inspections according to procedures. If the project has already started construction or production or use, it shall be punished according to the relevant provisions of Article 23 of these regulations. Article 25 For fixed asset investment projects that fail to implement the requirements of energy conservation inspection opinions, the energy conservation inspection authority shall order the construction unit to rectify within a time limit. If the rectification is not completed or is overdue, the energy conservation inspection authority shall impose penalties according to relevant laws and regulations. Article 26 For fixed asset investment projects that have not undergone energy conservation acceptance inspections in accordance with these regulations or have failed such inspections, and have started production or use without authorization, or have passed energy conservation acceptance inspections by improper means such as providing false materials, the energy conservation inspection authority shall order the construction unit to rectify within a time limit and impose a fine of not less than 30,000 yuan and not more than 50,000 yuan. Article 27 If institutions engaged in energy conservation consulting, evaluation, and other energy conservation services provide false information during energy conservation inspections, the department responsible for managing energy conservation work shall order them to correct their mistakes, confiscate their illegal gains, and impose fines of not less than 50,000 yuan and not more than 100,000 yuan. Article 28 The energy conservation inspection authority shall collect and record illegal and irregular information of construction units, intermediary organizations, etc., and include information on illegal and irregular behaviors and their handling in the national credit information sharing platform and the online approval and supervision platform for investment projects, which will be made public on the "Credit China" website. Illegal and irregular behaviors mainly include the following aspects: (1) Serious inaccuracies in energy reports and energy conservation inspection acceptance reports; (2) Significant deviations between the actual construction content of the project and the energy reports, energy conservation inspection opinions, failure to use energy-saving and carbon reduction technologies in line with relevant policy requirements, energy efficiency levels that do not meet mandatory energy-saving standards, and energy consumption and carbon emissions significantly exceeding the approved level of energy conservation inspections; (3) Other illegal and irregular behaviors stipulated in these regulations. During the period of public disclosure of credit information of construction units, intermediary organizations, etc., measures can be taken for rectification. If the rectification is completed and approved by the energy conservation inspection authority, the public disclosure of credit information will be terminated in accordance with relevant credit management regulations. For construction units, intermediary organizations, etc., listed in the serious dishonesty list, joint disciplinary measures shall be implemented in accordance with the law and regulations. Article 29 Officials in charge of approving government investment projects who approve projects that have not undergone energy conservation inspections or have failed such inspections in violation of these regulations shall be punished according to law. Article 30 Employees of energy conservation inspection authorities, energy evaluation organizations, and other relevant personnel involved in the evaluation who commit violations or crimes during energy evaluations shall be punished according to law, and those who commit crimes shall be held criminally liable. Chapter VI Supplementary Provisions Article 31 The department responsible for managing energy conservation work at the provincial level may formulate specific implementation measures in accordance with the Energy Conservation Law of the People's Republic of China and other relevant laws and regulations and these regulations. Article 32 These regulations shall be interpreted by the National Development and Reform Commission. Article 33 These regulations shall come into effect on [Date]. The previous "Methods for Energy Conservation Inspection of Fixed Asset Investment Projects" (Decree No. 2 of 2023 of the National Development and Reform Commission) shall be repealed simultaneously. This article is compiled from the National Development and Reform Commission, GMTEight Editor: Chen Wenfang.