Act on Addressing Climate Change (Draft Proposal)
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E-mail China.org.cn, March 31, 2012
Act of the People's Republic of China on Addressing Climate Change
(Draft Proposal)
Adopted at the _ Meeting of Standing Committee of the _ National People's Congress
on _; promulgated by the President of the People's Republic of China
on the same date, effective as of _.
Index
Chapter 1 General Provisions
Chapter 2 Responsibilities, Rights and Obligations in Respect of Addressing Climate Change
Chapter 3 Measures of Mitigating Climate Change
Chapter 4 Measures of Adapting to Climate Change
Chapter 5 Guarantees of Addressing Climate Change
Chapter 6 Supervision and Management on Addressing Climate Change
Chapter 7 Campaigning and Education Activities and Participation of the Whole Society of Addressing Climate Change
Chapter 8 International Cooperation of Addressing Climate Change
Chapter 9 Legal Liabilities
Chapter 10 Appendix
Chapter 1 General Provisions
Article 1 (Aims of the Act) This Act is formulated for the purpose of controlling and reducing greenhouse gas emissions, addressing global and regional climate change scientifically and facilitating the sustainable and harmonious development of economy and society.
Article 2 (Application of the Act) In the territory of and in other maritime space under the jurisdiction of People's Republic of China, the government, any public organization, enterprises and institution or individual engaged in the economical, social, cultural and living activities related to climate change must comply with this act.
Detailed supervision and management measures of greenhouse gas emissions belonged to atmospheric pollutants must comply with acts and regulations of prevention and control of atmospheric pollution.
Article 3 (Guideline) In order to address climate change, China shall uphold to put emphasis on conserving energy, promoting industrial restructuring, optimizing energy structure, developing low-carbon economy and strengthening ecological preservation and construction; rely on the advancement of science and technology; strengthen advocating and education; promote international cooperation; enhance the capacity to address climate change constantly; make positive contributions to protect global and regional climate.
Article 4 (Principle of Sustainable and Harmonious Development) China shall uphold the principle of low-carbon and green development and promote the harmonious development between economy, population, resource and environment.
Article 5 (Principle of Scientifically Addressing Climate Change) China shall uphold the Principle of scientifically addressing climate change, relying on advancement and innovation of science and technology.
Realizing the leading and fundamental function of scientific and technological advancement and technology introduction in deceleration and adaptation to climate change, China will make great efforts to develop clean energy technologies and new technologies of energy conservation, to promote carbon sink technologies and other adaptive technologies, and to accomplish the targets of energy conservation and emission reduction during the whole process of social and economic operation.
Article 6 (Principle of Equal Emphasis on Both Mitigation and Adaptation) China shall uphold the principle of equal emphasis on both deceleration and adaptation. Measures of mitigating and adapting to climate change shall be coordinated and given equal emphasis.
Article 7 (Principle of Combination of Voluntary Emission Reduction and Mandatory Emission Reduction) China shall uphold the principle of combination of voluntary emission reduction and mandatory emission reduction. The nation shall take economic incentives to encourage enterprises and institutions to engage in voluntary emission reduction.
Article 8 (Principle of Integrating Policies) China shall uphold the principle of integrating climate change policies with other interrelated policies.
The nation development policies of economy, society and culture shall be coordinated with climate change policy and comply with the needs of addressing climate change. Local people's governments at various levels of China shall consider energy conservation, energy structure optimization, ecological preservation and construction, and overall agricultural productivity advancement as important components of its national climate change policy system.
Article 9 (Principle of Social Participation) China shall uphold the principle of social participation when addressing climate change. The nation shall take measures to encourage and lead enterprises, public organization and individuals to involve in the formulation, implementation and monitoring of climate change policies and legislation, to encourage and guide enterprises, public organizations and individuals to involve in addressing climate change scientific and technological progress, technological innovation, the application of scientific and technological achievements, advocacy education and development of the economy.
Article 10 (Planning System) Local people's governments at or above the county level shall include climate change deceleration and adaptation into national planning for economic and social development with all factors taken into consideration and coordination. The local people's governments shall make emission reduction plan of their administrative regions when not achieving greenhouse gas emission reduction targets. The nation shall develop medium-term, long-term and annual implementation plan on addressing climate change. All departments under The State Council shall take the targets of greenhouse gas emission reduction and adaptation to climate change as important basis for department specialized planning. The people's governments above the county level shall make control and reduction of greenhouse gas emissions and adaptation to climate change as an important basis for plans of their administrative regions for national economic and social development.
Article 11 (Government Responsibility System) Local people's governments at various levels shall be responsible for addressing climate change of their own administrative district. The nation shall practice target responsibility and assessment system on addressing climate change, take the regional emission reduction targets and energy efficiency of per unit of GDP as an important part of assessment on local people's governments and the principal persons.
Article 12 (the Cap-and-Trade Scheme and Low-Carbon Standards) The nation shall practice total control system on energy exploitation and utilization. Enterprises and institutions shall not exceed the national or local low-carbon standards when using energy and greenhouse gas emissions shall not exceed allowances. The nation shall establish greenhouse gas emissions trading scheme and internal bubble policy in enterprises to encourage the key emission units on energy conservation and emission reduction. The savings of allowances shall be used for trading or for new construction, renovation and expansion projects of the work units.
Article 13 (Pollutant Discharge Fee / Tax System) The nation shall implement pollutant discharge fees or carbon tax system on greenhouse gas emissions. Greenhouse gas emissions belonged to atmospheric pollutants must comply with conditions and standards established by environmental protection administrative department together with the price control administrative department under the State Council.
Conditions and standards of pollutant discharge fees and carbon tax of Greenhouse gases which do not belong to atmospheric pollutants shall be established by the development and reform department under the State Council together with the tax administrative department under the State Council. Except for paying a carbon tax in accordance with the act, business units shall also pay greenhouse gas emission allowances fees to the development and reform department of the local government for excess of the certified exemption emissions allowances when they can not get sufficient allowances by market transactions means or internal bubble policies in enterprises.
Article 14 (Disclosure System of Information) The nation shall implement disclosure system of climate change information. People's governments at all levels and emission units shall periodically disclose the information on addressing climate change and clarify policies and actions of addressing climate change.
Article 15 (Policy of Changing Mode of Economic Development) The nation shall establish green and low-carbon development mechanism of GDP, vigorously carry out energy conservation and emission reduction, develop clean energy resources, transform economic growth mode, and promote economic transition to a energy-efficient, low-power-consumption, low-emission model.
Article 16 (Low-carbon Technology and Economic Policy) The nation shall adopt fiscal, monetary, tax, investment measures to encourage and support research and development of low-carbon science and technology , promote affordable low-carbon technologies and products, and promote the development of green and low carbon industries.
Article 17 (Publicity and Education Policy) The nation takes measures to actively carry out publicity and education on climate change response, raise society participation awareness and quality of science of addressing climate change.
Article 18 (Recognition of Incentives Policy) Areas, units and individuals that have made outstanding achievements on addressing climate change shall be awarded by the State Council and the people's governments and relevant departments at the corresponding level.
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