Notice of the Development and Reform Commission of the Inner Mongolia Autonomous Region on Printing and Distributing the Implementation Measures for the Energy Conservation Review of Fixed Asset Investment Projects in the Inner Mongolia Autonomous Region

Development and Reform Commissions of all league cities, Manzhouli City, Erenhot Development and Reform Commission, and all relevant units:

In accordance with the Order No. 2 of 2023 of the National Development and Reform Commission, combined with the actual situation of our region, the Development and Reform Commission of the Autonomous Region has formulated the "Implementation Measures for the Energy Conservation Review of Fixed Asset Investment Projects in the Inner Mongolia Autonomous Region", which is hereby issued to you, please carefully follow the implementation.

Annex: Inner Mongolia Autonomous Region fixed asset investment projects energy conservation review implementation measures

Development and Reform Commission of Inner Mongolia Autonomous Region

     July 4, 2023

Inner Mongolia Autonomous Region fixed asset investment project

Measures for the implementation of energy-saving review

Chapter I: General Provisions

Article 1 In order to improve the regulation and control of total energy consumption and intensity, promote the scientific and rational use of energy in fixed asset investment projects, strengthen the management of energy consumption, promote energy conservation, prevent energy waste, improve energy utilization efficiency, and promote the realization of carbon peak and carbon neutrality, the Inner Mongolia Autonomous Region Implementation < 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, and the Measures for the Review of Energy Conservation in Fixed Asset Investment Projects (Order No. 2 of the National Development and Reform Commission [2023]). The People's Republic of China Energy Conservation Law >Measures" and the "Inner Mongolia Autonomous Region Civil Building Energy Conservation and Green Building Development Regulations" and other relevant laws, regulations and rules, these implementation measures are formulated.

Article 2 These Measures shall apply to fixed asset investment projects constructed within the administrative area of the autonomous region managed by the investment departments of the people's governments at all levels. The term "energy-saving review" in these measures refers to the review of project energy consumption, energy efficiency level and energy-saving measures in accordance with energy-saving laws and regulations, policy standards, etc., and the formation of review opinions. The term "energy-saving review organs" in these measures refers to the people's governments at all levels of the autonomous region responsible for the development and reform of energy-saving review, administrative examination and approval departments. The management of energy conservation departments in these measures refers to the development and reform departments of the people's governments at all levels in the autonomous region.

Article 3 The energy-saving review opinions of fixed asset investment projects are an important basis for the commencement of construction, completion acceptance and operation management of the project。 For government investment projects, the construction unit shall obtain the energy-saving review opinion issued by the energy-saving review authority before submitting the feasibility study report of the project. For enterprise investment projects, the construction unit shall obtain the energy-saving review opinion issued by the energy-saving review authority before the start of construction. Failure to carry out energy-saving review in accordance with the provisions of these measures, or energy-saving review has not passed the project, the construction unit shall not start construction, has been completed shall not be put into production, use.

The commencement of the project generally refers to the formal groundbreaking of the permanent project, and the construction preparations before that, such as geological survey, demolition of old buildings, three links and one leveling and auxiliary engineering construction, do not belong to the formal commencement of construction; For projects without civil works, the installation works are considered to have started at the beginning of the project. The thermal power project is marked by the pouring of first-party concrete in the foundation cushion of the main plant. Where the relevant policies of the state and autonomous regions have other provisions on the commencement of the project, follow those provisions.

Article 4 The funds related to the energy-saving review of fixed asset investment projects shall be included in the budgets of the energy-saving review organs and departments at all levels in accordance with the relevant regulations, and shall be applied to the financial departments at the same level in accordance with the prescribed procedures。 No fee shall be charged for the energy efficiency review of the project.

Chapter II: Management Responsibilities

Article 5 The Development and Reform Commission of the Autonomous Region shall be responsible for formulating the relevant management measures for the review of energy conservation in the Autonomous Region, organizing the preparation and implementation of relevant technical standards, norms and guidelines, conducting business training, and conducting source checks and post-event supervision of the energy-saving review of new major energy-consuming projects in various regions according to the energy consumption situation of each region, the implementation of total energy consumption and intensity regulation, the control of fossil energy consumption, the completion of energy-saving targets and tasks, and the promotion of carbon peak and carbon neutrality.

Article 6 The departments of the people's governments at or above the county level in charge of energy conservation shall, in accordance with the actual situation of energy conservation work in their respective regions, strengthen overall guidance and overall coordination of energy conservation review, implement the regulation and control of total energy consumption and intensity, strengthen the management of binding indicators for reducing 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-consuming, high-emission and low-level projects。

Article 7 The energy-saving review of fixed asset investment projects shall be carried out by the energy-saving review organs of the autonomous region, league city and banner county in accordance with the energy-saving review and management authority。 Energy conservation review agencies at all levels shall develop and disclose service guidelines on official websites and other platforms, listing the application materials, acceptance methods, review conditions, handling procedures, time limits, etc., to provide guidance and services for the construction unit, and improve work efficiency and transparency. Higher-level energy-saving review agencies should strengthen the work guidance of lower-level energy-saving review agencies.

Article 8 The energy-saving review authority and the department that manages the energy-saving work are different departments, the energy-saving review organ shall strengthen the connection with the department that manages the energy-saving work at the same level, and the energy-saving review of major high-energy-consuming projects shall solicit the opinions of the department that manages the energy-saving work at the same level, and promptly send a copy of the implementation of the energy-saving review of the department to the department that manages the energy-saving work at the same level.

Article 9 The energy-saving review of fixed asset investment projects shall be subject to classified and hierarchical management。

For government investment projects approved by the State Council and approved by the National Development and Reform Commission, the construction unit shall obtain the energy-saving review opinions issued by the energy-saving review authority of the autonomous region before submitting the feasibility study report of the project. For enterprise investment projects approved by the State Council and approved by the National Development and Reform Commission, the construction unit shall obtain the energy-saving review opinions issued by the energy-saving review authority of the autonomous region before starting construction.

Annual comprehensive energy consumption (the construction site, main production process and equipment have not changed the reconstruction project shall be calculated according to the annual comprehensive energy consumption increment after completion and operation, and other projects shall be calculated according to the annual comprehensive energy consumption after completion and operation, and the electricity conversion coefficient shall be calculated according to the equivalent value, the same below) 10,000 tons of standard coal and above fixed asset investment projects, and the energy conservation review shall be responsible for the energy conservation review authority of the autonomous region。 According to the actual energy conservation review work, the energy conservation review authority of the autonomous region can entrust the energy conservation review of fixed asset investment projects within the management authority to the city where the project is located, and strengthen guidance and supervision.

For fixed asset investment projects with an annual comprehensive energy consumption (equivalent value) of 5,000 (inclusive) to 10,000 (exclusive) tons of standard coal, the energy-saving review shall be carried out by the energy-saving review authority of the city (city with separate planning).

For fixed asset investment projects with an annual comprehensive energy consumption (equivalent value) of 1,000 (inclusive) to 5,000 (exclusive) tons of standard coal, as well as fixed asset investment projects with an annual comprehensive energy consumption (equivalent value) of less than 1,000 tons of standard coal but an annual electricity consumption of more than 5 million kilowatt hours, the energy-saving review authority of Qi County (district, county-level city) shall be responsible for the energy-saving review of the project.

Fixed asset investment projects with an annual comprehensive energy consumption (equivalent value) 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 with simple energy use technology and small energy-saving potential (the specific industry catalogue shall be formulated and published by the National Development and Reform Commission and updated in due course) may not be separately prepared for energy conservation reports. The project shall be constructed in accordance with relevant energy-saving standards and specifications, and the project feasibility study report or project application report shall analyze the energy utilization, energy-saving measures, energy efficiency level and carbon emissions of the project, and fill in the energy-saving declaration form (see the annex for format) to explain the energy utilization, energy-saving measures, energy efficiency level and carbon emissions of the project. The Regulations on Energy Conservation and Green Building Development of Civil Buildings in Inner Mongolia Autonomous Region stipulate that new projects within the scope of green building standards should also be specified in the energy conservation declaration form, such as green building grades and green building technology selected for projects. The energy-saving review authority will no longer conduct a separate energy-saving review of the project, and will no longer issue energy-saving review opinions.

If a single project involves two or more regions, the energy-saving review work shall be led by the energy-saving review authority where the main project (or control project) is located, and the energy-saving review authority in other regions shall be studied and determined in accordance with the energy-saving review and management authority. If the bundling project involves two or more regions, the energy-saving review work shall be carried out by the relevant energy-saving review authority where the sub-project is located, and shall be implemented in accordance with the energy-saving review and management authority.

Article 10 The autonomous region's energy-saving review authority shall be responsible for formulating specific implementation measures and work guidelines for regional energy-saving review, organizing the implementation of regional energy-saving review in banner counties, various development zones, new districts and other qualified areas, and clarifying the requirements for regional energy-saving targets, energy-saving measures, energy efficiency access, and fossil energy consumption control。 For the projects that have been implemented within the scope of the regional energy-saving review, except for those that should be reviewed by the energy-saving review authority of the autonomous region, the energy-saving review shall be subject to a notification and commitment system.

Chapter III Energy Conservation Review

Article 11 For fixed asset investment projects that need to be reviewed for energy conservation, the construction unit shall prepare an energy conservation report. The project energy saving report shall include the following:

(1) Project overview;

(2) Analyze the basis for evaluation;

(3) Energy-saving analysis and comparison of project construction and operation plans, including general layout, production technology, energy-using technology, energy-using equipment and energy measuring instruments, etc.;

(D) energy-saving measures and their technical and economic demonstration;

(5) The energy efficiency level and energy consumption of the project, including energy consumption per unit of product, fossil energy consumption per unit of product, energy consumption per unit of added value (output value), fossil energy consumption per unit of added value (output value), energy consumption, energy consumption structure, fossil energy consumption, renewable energy consumption and supply security, and raw material energy consumption; Comprehensive comparison of relevant data with national, local, industry standards and international and domestic industry levels;

(F) the implementation of the project on the completion of the local energy conservation target task analysis;

(7) The carbon emissions of the project, clarify the carbon emission boundary, calculate the carbon emission and carbon emission intensity indicators, propose carbon reduction measures, and analyze the impact of the project's carbon emissions on the completion of carbon reduction goals and tasks in the locality;

(8) The "Regulations on Energy Conservation and Green Building Development of Civil Buildings in Inner Mongolia Autonomous Region" stipulates that new projects within the scope of green building standards shall be implemented, and the energy conservation report shall also contain green building requirements, and clarify green building technical measures and grade levels.

The construction unit shall issue a written commitment to be responsible for the authenticity, legality and completeness of the energy-saving report, and shall not evade the energy-saving review by improper means such as splitting or merging projects.

Article 12 For the energy-saving review of fixed asset investment projects constructed within the administrative area of the autonomous region, the construction unit shall submit the project energy-saving review application and energy-saving report to the energy-saving review authority with the corresponding review authority through the online examination and approval supervision platform for investment projects of the autonomous region。

For a project applying to the energy-saving review authority of the autonomous region for energy-saving review, the energy-saving review authority of the city where the project is located shall issue a request for energy-saving review of the project and attach preliminary review opinions, including the basic situation of the project, energy consumption, energy consumption intensity, energy efficiency level, analysis and evaluation of the impact of the completion of energy-saving targets in the area and feasibility resolution measures.

Article 13 If the application materials for energy conservation review of the project are complete, standardized and in accordance with the statutory form, the energy conservation review authority shall accept it。 The content is incomplete or does not conform to the statutory form, the energy-saving review authority shall be on the spot or within 5 days to inform the construction unit of all the content that needs to be corrected, if it is not notified within the time limit, it shall be accepted from the date of receipt of the report.

Article 14 After the energy-saving review authority accepts the application for energy-saving review, it shall entrust the institution with technical capabilities to conduct the review within 5 days, and the energy-saving review agency shall organize the preliminary review of the energy-saving report in a timely manner, convene a review meeting, and shall form a review opinion within 7 days after the review is submitted to the energy-saving review authority (the time for revising the energy-saving report and correcting the materials is not counted).

The energy-saving review agency shall, in accordance with the requirements of energy-saving laws, regulations and policies, carry out the review work within the time specified by the energy-saving review authority, and issue energy-saving review opinions for projects that meet or modify the review requirements; For projects that do not meet the review requirements or cannot be modified after modification, an opinion will be issued that they will not pass the energy-saving review. As an important basis for the review of the energy conservation report, the evaluation agency and the reviewers shall be responsible for the authenticity, scientificity and rationality of the review conclusions.

Article 15 The energy-saving review authority shall review the energy-saving report of the project from the following aspects:

(A) whether the project complies with the relevant laws and regulations, standards and policy requirements of energy conservation;

(2) Whether the analysis of project energy use is objective and accurate, whether the method is scientific, and whether the conclusion is accurate;

(3) Whether the energy-saving measures of the project are reasonable and feasible;

(4) Whether the energy efficiency level, energy consumption and other relevant data of the project are accurate, and whether they meet the requirements of energy conservation management in the region. In areas where the progress of the completion of energy-saving targets is significantly lagging behind and the energy-saving situation is severe, new high-energy-consuming projects should be strictly controlled.

(5) Improve the energy-saving review standards for "two high" (high energy consumption and high emissions) projects. The energy consumption per unit product of the newly-built, renovated and expanded "two high" projects must reach the advanced value of the national energy efficiency benchmark level and the energy consumption limit standard, and the energy efficiency of key energy-using equipment must reach the national advanced level.

Article 16 The energy-saving review authority shall, within 15 days, review the evaluation opinions and energy-saving review materials; Where it is necessary to solicit the opinions of relevant units, the work of soliciting opinions is to be carried out simultaneously. If the review is passed, an energy-saving review opinion will be issued; If it does not pass, the explicit energy-saving review will not be passed. If the project is complex or needs to solicit the opinions of the relevant units, the review time limit may be extended, not exceeding 30 days, and the construction unit shall be informed of the reasons for the extension.

Article 17 The energy-saving review opinions shall be valid for two years from the date of issuance, and the projects that have not started construction within the time limit or whose completion time exceeds the estimated completion and commissioning time of more than two years in the energy-saving report shall be re-examined or extended。 For projects that need to be postponed from construction or completed and put into operation, the construction unit shall apply to the original energy-saving review authority for an extension 30 days before the expiration of the validity period of the energy-saving review; If there is a change in the authority of the project energy conservation review, it shall apply to the competent review authority. The energy-saving review authority shall, within 20 days from the date of accepting the application for extension, make a decision on whether to agree to the extension. The energy-saving review opinion can only be extended once, and the maximum period shall not exceed one year.

Article 18 For fixed asset investment projects that have passed the energy conservation review, if there are major changes in the construction site, construction content, construction scale, energy efficiency level, etc., and if the annual actual or annual designed comprehensive energy consumption exceeds the level of energy conservation review and approval by 10% or more, the construction unit shall re-prepare the energy conservation report and submit an application for change to the original energy conservation review authority; If there is a change in the authority of the project energy conservation review, it shall apply to the competent review authority. According to the actual situation, the energy-saving review authority shall put forward the opinion of agreeing to the change or re-conduct the energy-saving review. Change the energy-saving review procedures and time limit requirements, refer to the energy-saving review of new projects.

Article 19 Before a fixed asset investment project is put into production or use, the production process, energy-using equipment, adoption of energy-saving technology and the implementation of energy-saving review opinions in the project energy-saving report shall be checked and accepted, and an energy-saving acceptance report shall be prepared。 For projects that implement notification and commitment management, the content of the project commitment and the implementation of the regional energy-saving review opinions shall be accepted. Projects that are constructed in phases and put into production and use shall be subject to energy-saving acceptance in phases. Projects that have not been accepted for energy conservation or unqualified for acceptance shall not be put into production or use.

As the main body of energy-saving acceptance, the project construction unit shall carry out energy-saving acceptance of the project by itself or by entrusting a third-party organization, and submit the energy-saving acceptance report to the original energy-saving review authority and the department managing energy-saving work at the same level within 30 days after the completion of the acceptance for future reference; Among them, the project of energy conservation review by the autonomous region, the energy conservation acceptance report shall be submitted to the autonomous region and the department of the league city to manage the energy conservation work for archiving for future reference.

Chapter IV: Supervision and Management

Article 20 The energy-saving review of fixed asset investment projects shall be included in the unified management of the autonomous region's online approval and supervision platform for investment projects (except for projects involving state secrets), and online acceptance, handling, supervision and service shall be implemented, so as to realize that the review process and results can be queried and supervised。 Fixed asset investment projects that do not carry out separate energy-saving review shall submit the project energy-saving declaration form through the online approval and supervision platform for investment projects in the autonomous region.

Key energy-using projects with a design energy consumption (equivalent value) of more than 10,000 tons of standard coal should be included in the autonomous region's online energy consumption monitoring platform in a timely manner after they are completed and put into operation, and dynamic monitoring and management shall be implemented.

Article 21 The energy-saving review authority shall, in conjunction with the competent departments of the relevant industries, strengthen the supervision of the energy-saving review during and after the event, and organize the supervision and inspection of the implementation of the energy-saving review opinions and the energy-saving acceptance of the project。 Daily supervision and inspection work should be carried out in accordance with the principle of "double random and one open".

Article 22 The departments and energy conservation supervision departments at all levels shall perform their duties of energy conservation supervision and management in conjunction with the relevant industry authorities in accordance with laws and regulations, and take the implementation of energy conservation review as the key content of energy conservation supervision。 Departments at all levels that manage energy conservation should strengthen the statistical analysis of energy conservation review information, and regularly schedule the energy consumption and energy efficiency level of projects that have been put into operation, as an important reference for studying and judging the energy conservation situation and carrying out energy conservation work.

Article 23 The departments in charge of energy conservation at all levels shall regularly report to the department in charge of energy conservation at the next higher level on the implementation of energy conservation review in their respective regions, and submit project energy conservation review information and scheduling data of projects that have been put into operation as required。

Article 24 The Development and Reform Commission of the Autonomous Region shall carry out dynamic supervision of the energy-saving review of the whole region, supervise and inspect the implementation of the energy-saving review in various localities, and conduct random inspections on the implementation of the energy-saving review opinions of major projects。 The results of inspection and random inspection are an important part of the evaluation and assessment of energy-saving target responsibility.

Chapter V: Legal Responsibility

Article 25 For fixed asset investment projects that are not carried out in accordance with the provisions of these measures, or are not approved by the energy-saving review, and start construction or put into production and use without authorization, the energy-saving review authority where the project is located shall order the construction to stop or stop production and use, rectify within a time limit, and criticize the construction unit, and impose a fine of less than 100,000 yuan depending on the circumstances. For projects that have been identified by the energy-saving review authority where the project is located to have completed rectification, the energy-saving review authority may issue a certificate of completion of rectification according to the actual situation. For productive projects that cannot be rectified or are not rectified within the time limit, the energy-saving review authority where the project is located shall report to the people's government at the same level to order the closure in accordance with the authority prescribed by the State Council, and investigate the responsibility of the relevant responsible persons in accordance with the law.

Article 26 For fixed asset investment projects that have passed the energy-saving review by improper means such as splitting the project or providing false materials, the energy-saving review opinion of the project shall be revoked by the original energy-saving review authority; Fixed asset investment projects that evade the energy-saving review by improper means shall be subject to energy-saving review by the energy-saving review authority in accordance with the procedures. If the project has started construction or put into production or use, it shall be punished in accordance with the relevant provisions of Article 25 of these Measures.

Article 27 For fixed asset investment projects that fail to implement the requirements of the energy-saving review opinions, the energy-saving review authority where the project is located shall order the construction unit to rectify within a time limit。 If it cannot be rectified or fails to rectify within the time limit, the energy-saving review authority where the project is located shall be punished in accordance with the relevant provisions of laws and regulations.

Article 28 Fixed asset investment projects that are not carried out in accordance with the provisions of these measures or are unqualified in acceptance, and are put into production and use without authorization, as well as fixed asset investment projects that have passed the energy-saving acceptance by improper means such as providing false materials, shall be ordered by the energy-saving review authority where the project is located to order the construction unit to rectify within a time limit and impose a fine of not less than 30,000 yuan but not more than 50,000 yuan。

Article 29 Where an institution engaged in energy-saving services such as energy-saving consultation and evaluation provides false information on energy-saving review, the department in charge of energy-saving work at the place where the project is located shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan。

Article 30: The energy-saving review organs shall record information on violations of laws and regulations such as those of construction units and intermediary institutions, and include information on violations of laws and regulations and their handling information on the Inner Mongolia Autonomous Region Social Credit Information Platform, and disclose them to the public on the "Credit China (Inner Mongolia)" website。 For those entered into the list of seriously untrustworthy entities, joint disciplinary action measures are to be carried out in accordance with laws and regulations.

Article 31 The staff responsible for examining and approving government investment projects shall be punished in accordance with law if the project is not approved for energy conservation review or the energy conservation review is not approved, in violation of the provisions of these measures.

Article 32 If the energy-saving review authority, the staff of the energy-saving review agency and other relevant personnel involved in the review have violated discipline and law in the energy-saving review, they shall be punished according to law, and if a crime is constituted, criminal responsibility shall be investigated according to law。

Chapter VI: Supplementary Provisions

Article 33: The Autonomous Region Development and Reform Commission is responsible for the interpretation of these Measures.

第三十四条 本办法自2023year7月5日起施行，有效期至2028year7月4日。原《内蒙古自治区发展改革委 工信厅关于印发<Inner Mongolia Autonomous Region fixed asset investment projectMeasures for the implementation of energy-saving review>的通知》（内发改环资字〔2020〕1300号）同时废止。

Attachment: Energy Conservation Declaration Form for Fixed Asset Investment Projects

Annex:

Energy Conservation Declaration Form for Fixed Asset Investment Projects