Act on Addressing Climate Change (Draft Proposal)
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E-mail China.org.cn, March 31, 2012
Chapter 6 Supervision and Management of Addressing Climate Change
Article 77 (Overall Planning) Management departments exercising supervision in accordance with the provisions of this Act shall, through performing their respective functions, organize survey and research, carry out the assessment, guidance and management of impacts of climate change and promote scientifically to regulate climate change addressing. When develop land use planning, urban and rural planning, environmental planning, ecological protection and construction planning, water resource planning and soil and water conservation planning, The nation shall solicit the views of the relevant units and the community and conduct scientific verification, take full consideration of the impact of climate change and its addressing economic and social development, and be consistent with climate change long-term planning.
Article 78 (Establishment of Standards and Norms) Development and reform department under the State Council shall establish greenhouse gas emission controlling and monitoring standards together with environmental protection administrative department. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their own local standards for the items that are not specified in the national standards and norms of greenhouse gas emission controlling and monitoring, and shall report the same to development and reform department and environmental protection administrative department under the State Council for the record.
Article 79 (Market Entry) Pre-assessment shall be conducted by entrusted qualified institutions in reducing greenhouse gas emissions when new construction and expansion or reconstruction of key projects in the feasibility verification phase. And assessment report shall be submitted to local development and reform departments and environmental protection administrative department for approval jointly.
When pre-assessment document of reducing greenhouse gas emissions has not been approved, development and reform departments shall not approve and initiate a project, land and resource department shall not give approval of land, the environmental protection department shall not approve trading of emission, the water sector shall not supply water, the power sector may not supply electricity, and credit companies shall not provide loans. Existing key emissions units which don't pass through audit of energy conservation and greenhouse gas emissions reduction may not be listed for financing or refinancing and may not apply for an export allowances. Greenhouse gas emission reduction pre-assessment shall be conducted with combination of energy conservation pre-assessment, environmental impact assessment, and detailed regulations shall be developed by development and reform department together with environmental protection administrative department under the State Council.
Article 80 (Emissions Permits and Emissions Allowances) The nation shall implement the greenhouse gas emissions permit and exemption permit system. The emission units shall be exempted from applying to the local development reform department or environmental protection administrative department for emissions permits when their cap greenhouse gas emissions don't exceed the certified exemption from emissions allowances and meet efficiency of low-carbon standards. Except that environmental pollution acts and regulations have different provisions.
The emission units whose total greenhouse gas emissions don't exceed the certified exemption from emission allowances, but energy efficiency does not meet the existing low-carbon standards shall apply to local development and reform department or environmental protection administrative department for emissions permits. The key emissions units whose greenhouse gas emissions exceed certified emission exemption shall obtain greenhouse gas emissions allowances through internal bubble policy in enterprise and market transactions and apply for emission permits to the local development and reform departments. The key emissions units can not obtain greenhouse gas emissions allowances internal bubble policy in enterprise and market transactions means shall apply for emission allowances simultaneously when apply for emission permits. Detailed regulations shall be developed by development and reform department together with environmental protection administrative department under the State Council.
Article 81 (Monitoring Network and Information Publicity) The nation shall establish greenhouse gas emission condition monitoring and greenhouse gas emission accounting system. The environmental protection administrative department under the State Council and the meteorological department shall be responsible for establishing a national greenhouse gas emissions monitoring network. The development and reform department shall prepare annual bulletin on addressing climate change in conjunction of environmental protection administrative department under the State Council and quarterly release information on addressing climate change.
The provincial people's governments shall prepare annual bulletin on addressing climate change of their own administrative regional and quarterly release information on addressing climate change.
Article 82 (Units Monitoring, Accounting and Information Ledger) Emission units shall conduct self-monitoring or entrust a qualified agency to monitor greenhouse gases emissions category annual and total greenhouse gas emissions which belong to atmospheric pollutants in accordance with the provisions. The key emissions units shall entrust a qualified agency to screen types of greenhouse gas emissions in accordance with the provisions and account fuel efficiency and the total greenhouse gas emissions and intensity when the GHGs don't belong to atmospheric pollutants.
The emission units shall establish greenhouse gas emissions information ledger according to natinal regulations. The supervision and management departments in accordance with the provisions of this act shall conduct supervisory accounting or monitoring the emission behavior of the local emission units.
Article 83 (Greenhouse Gas Emissions Inventory) Development and reform departments of the people's governments above the county level shall strengthen data collection, collation and analysis work on addressing climate change together with the environment protection administrative departments.
The State Council development and reform department shall organize to carry out greenhouse gas emissions inventory preparation in conjunction of the environmental protection administrative department. Local development and reform department shall organize to carry out greenhouse gas emissions inventory in their own administrative regions.
The key emissions units shall be included in the inventory of greenhouse gas emissions. Greenhouse gas emissions inventory shall include emission units name, address, industry type, product name, production process, the type of energy, fuel efficiency and total consumption, energy efficiency and the total consumption of other energy sources, greenhouse gas emissions category, the total allowances of greenhouse gas emissions, greenhouse gas emission reduction and act enforcement inspection information, etc. Detailed guidelines for the preparation of emission inventories shall be formulated by development and reform department together with the environmental protection administrative departments under the State Council.
Article 84 (Emissions Inventory Supervision Information Platform) The development and reform department under the State Council shall organize to establish a national greenhouse gas emissions inventory monitoring information platform together with the environmental protection administrative department under the State Council, and guide to establish provincial, municipal and county-level greenhouse gas emissions inventory monitoring information platform. Information of local greenhouse gas emissions inventory monitoring information platform shall be regularly and dynamically updated, and be kept docking with the superior information platform.
Article 85 (Special Accounts of Emission Sources) Key emissions units whose total greenhouse gas emissions exceed the certified exemption from emission allowances or energy efficiency does not meet the low-carbon standards shall apply for greenhouse gas emission sources account to the local development and reform departments.
When emissions of greenhouse gases change after key emissions units obtain greenhouse gas emissions accounts, they shall update ledger information truthfully in self-reporting system of emissions inventory monitoring information platform. Self-declaration information shall be given examination and verification by local development and reform department together with the environmental protection administrative department, and transferred to the regulatory system of the emissions inventory monitoring information platform.
Detailed regulations shall be formulated by development and reform department together with environmental protection administrative department under the State Council.
Article 86 (Emissions Inventory Information Specification Construction and Information Publicity) The development and reform department under the State Council shall formulate greenhouse gas emissions inventory information self-report assessment regulation of the key emissions units, and emissions inventory monitoring information platform for the construction and operation of assessment methods together with the environmental protection administrative department. The public shall have right to look up emissions ledger information, the credit rating of the local key emission units and local greenhouse gas emissions inventory information.
Article 87 (Guidance and Inspection)The people's governments at all levels and their relevant departments shall carry out regular monitoring to energy consumption units, and implement energy efficiency monitoring and administrative guidance on key energy consumption units such as non-ferrous metals, building materials, steel, chemical, thermal power, coal and other energy enterprises. Governments at all levels and their relevant departments shall sign energy-conservation and emission reduction agreements with the enterprises and institutions according to the local reality in which they can make an appointment on emission reduction targets and measures to be taken by enterprises, and governments provide enterprises guidance, service and support in accordance with the agreements.
Departments exercising the authority of supervision and management in accordance with the provisions of this Act shall have the power to carry out on-site inspections of greenhouse gas emissions units under their jurisdiction and the units under inspection must report the situation truthfully and provide the necessary information. The inspecting authorities shall have the obligation to keep the business secrets of the units inspected.
Article 88 (Public Exposure) Anyone who fails to achieve the targets of emissions reduction, discharge greenhouse gases exceed low-carbon standards and violate energy conservation regulations, shall be announced and exposed to public by supervision authorities to make them accept the society and the media supervision.
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