Measures for the Energy Efficiency Acceptance of Fixed Asset Investment Projects in Shandong Province
2024-08-21 00:00

Original Title: Notice from the Shandong Provincial Development and Reform Commission on Issuing the "Administrative Measures for Energy Efficiency Acceptance of Fixed Asset Investment Projects in Shandong Province (Trial)"

To the Development and Reform Commissions of All Cities and Relevant Municipal Energy Bureaus:

Pursuant to Order No. 2 of 2023 issued by the National Development and Reform Commission and the "Implementation Measures for Energy Conservation Review of Fixed Asset Investment Projects in Shandong Province" (Lu Fa Gai Huan Zi [2023] No. 461), the Provincial Development and Reform Commission has formulated the "Administrative Measures for Energy Conservation Acceptance of Fixed Asset Investment Projects in Shandong Province (Trial)." These measures are hereby issued to you; please strictly comply with and implement them.

Shandong Provincial Development and Reform Commission

August 19, 2024

Administrative Measures for Energy Efficiency Acceptance of Fixed Asset Investment Projects in Shandong Province (Trial)

Chapter I General Provisions

Article 1 These Measures are formulated to standardize the procedures and criteria for energy conservation review and acceptance of fixed-asset investment projects and to strengthen closed-loop management of energy conservation reviews, in accordance with the relevant requirements of the "Measures for Energy Conservation Review of Fixed-Asset Investment Projects" (Order No. 2 of 2023 issued by the National Development and Reform Commission) and the "Notice on Issuing the <Implementation Measures for Energy Conservation Review of Fixed-Asset Investment Projects in Shandong Province>" (Lu Fa Gai Huan Zi [2023] No. 461) (hereinafter referred to as the "Implementation Measures for Energy Conservation Review").

Article 2 These Measures apply to fixed-asset investment projects that have prepared an energy conservation report, obtained energy conservation review opinions, and issued the “Explanation of Energy Consumption and Energy Conservation Commitment for Fixed-Asset Investment Projects Not Subject to Separate Energy Conservation Review.”

Article 3 The project construction unit bears the primary responsibility for energy conservation acceptance. Before a fixed-asset investment project commences production or operation, the construction unit shall organize an acceptance inspection of the production processes, energy-consuming equipment, adoption of energy-saving technologies, and implementation of the energy conservation review opinions as specified in the project’s energy conservation report.Projects requiring trial production (commissioning phase or trial operation) shall complete the energy conservation acceptance inspection prior to formal commencement of production. Projects that have not undergone acceptance inspection or have failed such inspection shall not be put into production or use. For fixed-asset investment projects not subject to a separate energy conservation review, the fulfillment of the energy conservation commitments shall be verified within one year after the project is put into production or use.

Article 4 For projects where the approval, authorization, or filing documents explicitly stipulate phased construction and commissioning, and where energy consumption is calculated on a phased basis during the energy conservation review, energy conservation acceptance may be conducted in phases.

Chapter II Organization of Acceptance

Article 5 The scope of energy conservation acceptance for a project shall be consistent with the scope specified in the approval of the energy conservation review. Based on the determined scope of acceptance, energy conservation acceptance may be organized and carried out once the project meets the following conditions:

(1) The project has completed the engineering design and construction work;

(2) The project’s design and construction technical documentation (archives) is complete;

(3) All energy conservation rectification issues identified for the project have been fully addressed.

Article 6 Energy conservation acceptance for the project may be organized by the project construction unit itself, or the project construction unit may entrust an institution with technical capabilities to organize it. The rights and obligations between the project construction unit and the entrusted institution, as well as the responsibilities to be assumed by the entrusted institution, may be stipulated in a contract. Both the project construction unit and the entrusted institution shall be responsible for the conclusions of the acceptance report.

Article 7 Energy conservation acceptance shall be carried out through the following steps: preparing acceptance materials, establishing an acceptance team, formulating an acceptance plan, conducting the energy conservation acceptance, providing acceptance recommendations, preparing and submitting the acceptance report, and archiving the acceptance materials.

Article 8 Projects undergoing energy conservation acceptance must collect the following acceptance materials in advance:

(1) Project construction details, including the project location, scope, and scale (any deviations from the energy conservation report must be explained in detail), as well as the actual start and completion dates of construction;

(2) Basic project information, including project design documents, construction contracts, and completion documents; a summary of project components; agreements regarding energy grid connection; a list of major energy-consuming equipment (installations), procurement contracts (technical agreements), and test reports;a list of energy-saving measures, a list of energy metering equipment, an energy metering network diagram, etc.; energy consumption data during the project’s trial operation period, energy consumption statistical ledgers, projected energy consumption based on the project’s actual construction status, and energy-saving management system documents;

(3) Energy conservation review opinions; project energy conservation report (the version serving as the basis for the approval of the energy conservation review opinions);

(4) Relevant energy conservation standards referenced by the project.

Article 9 Based on the project’s industry type, construction scale, process technology, acceptance schedule, and other requirements, an energy conservation acceptance working group may be formed by relevant technical personnel to prepare for the acceptance work; where necessary, experts from relevant industries may be invited to participate.

Article 10 The acceptance team shall formulate an energy conservation acceptance work plan, clearly defining the methods, scope, specific content, work procedures, division of labor, and work requirements for the project’s energy conservation acceptance.

Article 11 The primary methods of energy conservation acceptance include document review and on-site verification. Document review primarily involves comparing the acceptance materials with the energy conservation review opinion and the energy conservation report to verify their consistency. On-site verification primarily involves conducting on-site inspections of the mandatory requirements in the energy conservation review opinion based on the results of the document review. By inspecting the nameplates, energy efficiency labels, installation locations, and installation quantities of on-site equipment (devices), the implementation status of the energy conservation review opinion is further verified.

Article 12 During the energy conservation acceptance process, the acceptance team shall, in accordance with the acceptance work plan, conduct acceptance inspections of the project’s construction plan, production (energy-use) processes, energy-consuming equipment, implementation of energy conservation measures, provision of energy metering instruments, and types of energy used. For fixed-asset investment projects that have undergone carbon emissions assessment, the dedicated section on carbon emission reduction measures shall be subject to acceptance.Members of the acceptance team shall maintain relevant acceptance records and collect supporting evidence during the energy conservation acceptance process, including the acceptance method, acceptance content, issues identified during acceptance, and on-site photographic documentation.

Article 13: Based on the results of the energy conservation acceptance inspection, the acceptance team shall issue a written energy conservation acceptance opinion, clearly stating the acceptance conclusion as “Pass” or “Fail.”

If any of the following issues are identified during the energy conservation acceptance process, the acceptance conclusion shall be “Failed”:

(1) The project has failed to implement the mandatory energy-saving measures required by the energy-saving review opinion;

(2) Where there have been significant changes to the project’s construction site, scope, scale, energy-consuming equipment, or energy efficiency levels, and the construction entity has either failed to apply for a change or the revised energy conservation report has not passed the energy conservation review;

(3) The project fails to comply with national or local energy conservation laws, regulations, or rules; or the construction entity has been penalized or ordered to rectify violations of relevant national or local energy conservation laws and regulations but has not yet completed the rectification;

(4) The underlying data for the energy conservation acceptance inspection is clearly inaccurate, or the content contains significant omissions;

(5) The project employs production processes or equipment that are expressly prohibited or phased out by national or local regulations;

(6) The quantity, parameters, specifications, or energy efficiency levels of the project’s primary energy-consuming equipment are significantly inconsistent with those reported during the energy conservation review phase or fail to meet energy efficiency standards;

(7) The project’s energy metering equipment does not meet the requirements of relevant standards;

(8) Other cases that do not comply with regulatory requirements.

For projects that fail the energy conservation acceptance inspection, the construction entity shall promptly rectify the issues identified during the inspection and conduct the energy conservation acceptance inspection again after completing the rectification.

Chapter 3 Acceptance Report

Article 14 Upon completion of the energy conservation acceptance inspection, the project shall prepare an energy conservation acceptance report. The report shall include the following aspects:Project construction status; basis for energy conservation review and acceptance; project construction details and compliance with energy conservation review requirements (including implementation of energy-saving measures, provision of energy metering equipment, configuration of energy-consuming equipment, construction of energy-consuming production processes, types of energy used, total energy consumption, and energy efficiency); the entity responsible for organizing and implementing the acceptance and the process thereof; conclusions of the energy conservation acceptance; and other matters requiring clarification;For fixed-asset investment projects subject to carbon emissions assessment, the report shall also include information on carbon emissions and the implementation of carbon reduction measures.

Article 15 The project construction unit shall, within 5 working days after the completion of the project energy conservation acceptance report, publicly disclose the main conclusions of the report through its website or other means readily accessible to the public. The public notice period shall not be less than 5 working days. Confidential projects may be exempted from disclosure.

Article 16 The project construction unit shall archive for future reference the basic project data, work plans, acceptance records, on-site acceptance photographs, and other materials collected during the energy conservation acceptance process.

Article 17. Within 5 working days after the public notice period for the energy conservation review and acceptance report ends, the project construction unit shall submit the report to the department responsible for energy conservation management for archiving and future reference. For projects subject to energy conservation review at the provincial level, the energy conservation acceptance report shall be submitted to both the Provincial Development and Reform Commission and the municipal-level department responsible for energy conservation management in the project’s location for archiving and future reference; for projects subject to energy conservation review at the prefecture-level city, county (city, district) level, the energy conservation acceptance report shall be submitted to the original energy conservation review authority and the department responsible for energy conservation management at the same level for archiving and future reference.

Chapter IV Supervision and Management

Article 18 Departments responsible for energy conservation management at all levels shall strengthen ex-post supervision of the implementation of energy conservation reviews for fixed-asset investment projects through the “double random, one public” system.

Article 19 For fixed-asset investment projects that have not undergone energy conservation acceptance in accordance with the provisions of these Measures, or that have failed acceptance but have been put into production or use without authorization, as well as for fixed-asset investment projects that have passed energy conservation acceptance through improper means such as providing false materials, the department responsible for energy conservation management at the county level or above shall order the construction unit to rectify the situation within a specified time limit and impose a fine of not less than 30,000 yuan but not more than 50,000 yuan.

Chapter V Supplementary Provisions

Article 20 These Measures shall come into effect on September 1, 2024, and shall be interpreted by the Provincial Development and Reform Commission.

Attachment: Notice of the Shandong Provincial Development and Reform Commission on Issuing the “Measures for the Energy Conservation Acceptance of Fixed Asset Investment Projects in Shandong Province (Trial)” (1).pdf


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