Legal provisions of power electricity used for building houses in rural areas

Law of the People's Republic of China on Electricity (1995)

Date: July 19, 23

Source:

Promulgated on December 28, 1995

Implemented on April 1, 1996

Chapter I General Provisions

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article 2 this law is applicable to the construction, production, supply and use of electric power within the people's Republic of China.

article 3 the electric power industry should adapt to the needs of national economic and social development and develop ahead of schedule appropriately. The state encourages and guides domestic and foreign economic organizations and individuals to invest in the development of power sources and set up power production enterprises according to law. Investment in electric power industry shall follow the principle that whoever invests will benefit.

article 4 power facilities are protected by the state. It is forbidden for any unit or individual to endanger the safety of power facilities or illegally occupy or use electric energy.

article 5 the construction, production, supply and use of electric power shall protect the environment according to law, adopt new technologies, reduce the discharge of harmful substances and prevent pollution and other public hazards. The state encourages and supports the use of renewable energy and clean energy to generate electricity.

article 6 the administrative department of electric power in the State Council is responsible for the supervision and management of the electric power industry throughout the country. The relevant departments of the State Council are responsible for the supervision and management of the electric power industry within their respective responsibilities. The comprehensive economic departments of local people's governments at or above the county level are the administrative departments of electric power within their respective administrative areas, and are responsible for the supervision and management of electric power undertakings. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of electric power undertakings within their respective functions and duties.

article 7 electric power construction enterprises, electric power production enterprises and power grid operation enterprises shall operate independently according to law, be responsible for their own profits and losses, and accept the supervision of the administrative department of electric power.

article 8 the state helps and supports ethnic minority areas, remote areas and poverty-stricken areas to develop electric power undertakings.

article 9 the state encourages the use of advanced science and technology and management methods in the process of electric power construction, production, supply and use, and rewards units and individuals that have made remarkable achievements in research, development and adoption of advanced science and technology and management methods.

chapter ii electric power construction

article 1 the electric power development plan shall be formulated according to the needs of national economic and social development and incorporated into the national economic and social development plan. Electric power development planning should embody the principles of rational utilization of energy, coordinated development of power supply and power grid, improvement of economic benefits and environmental protection.

article 11 the planning for the construction and transformation of urban power grids shall be incorporated into the overall urban planning. The city people's government shall, in accordance with the plan, arrange the land for substation facilities, transmission line corridors and cable channels. No unit or individual may illegally occupy the land for substation facilities, transmission line corridors and cable channels.

article 12 the state supports and promotes electric power construction by formulating relevant policies. The local people's governments shall, according to the electric power development plan and according to local conditions, take various measures to develop power sources and develop electric power construction.

article 13 electric power investors shall enjoy legal rights and interests in the electric power generated by their investment. For grid-connected operation, power investors have the priority to use; Self-provided power plants that are not connected to the grid shall be used by power investors at their own discretion.

article 14 electric power construction projects shall conform to the electric power development plan and the national electric power industry policy. Electric power construction projects shall not use electric power equipment and technology explicitly eliminated by the state.

article 15 power grid supporting projects and environmental protection projects such as power transmission and transformation projects, dispatching and communication automation projects shall be designed, constructed, accepted and put into use simultaneously with power generation projects.

article 16 the use of land for power construction projects shall be handled in accordance with the provisions of relevant laws and administrative regulations; If land is requisitioned according to law, land compensation fees and resettlement compensation fees shall be paid according to law, and the resettlement of relocated residents shall be done well. Electric power construction should implement the principle of effectively protecting cultivated land and saving land use. The local people's governments shall give support and assistance to the electric power enterprises in using land and relocating residents according to law.

article 17 local people's governments shall support electric power enterprises in exploring water sources for power generation projects and taking water and using water according to law. Electric power enterprises should save water.

chapter iii power production and power grid management

article 18 power production and power grid operation shall follow the principles of safety, high quality and economy. Power grid operation should be continuous and stable to ensure the reliability of power supply.

article 19 electric power enterprises should strengthen the management of production safety, adhere to the principle of safety first and prevention first, and establish and improve the responsibility system for production safety. Electric power enterprises shall regularly inspect and maintain power facilities to ensure their normal operation.

Article 2 Power generation fuel supply enterprises, transportation enterprises and power production enterprises shall supply, transport and receive and discharge fuel in accordance with relevant regulations of the State Council or contractual stipulations.

article 21 unified dispatching and hierarchical management shall be implemented for power grid operation. No unit or individual may illegally interfere with power grid dispatching.

article 22 the state encourages electric power production enterprises to operate in parallel with power grids and power grids. If an electric power production enterprise with independent legal personality requests to connect the produced electric power to the grid, the power grid operation enterprise shall accept it. Grid-connected operation must conform to national standards or electric power industry standards. Both parties to the grid connection shall sign a grid connection agreement in accordance with the principles of unified dispatching, hierarchical management, equality and mutual benefit and consensus, and determine the rights and obligations of both parties; If the two parties fail to reach an agreement, it shall be decided by the administrative department of electric power at or above the provincial level.

article 23 measures for the administration of power grid dispatching shall be formulated by the State Council in accordance with the provisions of this law.

chapter iv supply and use of electricity

article 24 the state practices the management principles of safe, economical and planned use of electricity in the supply and use of electricity. Measures for the supply and use of electric power shall be formulated by the State Council in accordance with the provisions of this Law.

article 25 power supply enterprises provide power to users in the approved power supply business areas. The division of power supply business areas should consider factors such as the structure of power grid and the rationality of power supply. Only one power supply business organization is set up in a power supply business area. The establishment and change of power supply business areas within provinces, autonomous regions and municipalities directly under the Central Government shall be applied by power supply enterprises, and the power supply business license shall be issued by the power management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government after examination and approval by the relevant departments at the same level. The establishment and alteration of power supply business areas across provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the administrative department of electric power of the State Council and issued with the Power Supply Business License. Power supply business institutions shall apply to the administrative department for industry and commerce for a business license with the Power Supply Business License before they can operate.

Article 26 The power supply business organizations in the power supply business area have the obligation to supply power to the users in this business area in accordance with state regulations; Shall not refuse to supply electricity to units and individuals applying for electricity in their business areas in violation of state regulations. To apply for new electricity consumption, temporary electricity consumption, increase electricity consumption, change electricity consumption and terminate electricity consumption, procedures shall be handled in accordance with the prescribed procedures. Power supply enterprises shall announce the procedures, systems and charging standards for electricity consumption in their business premises, and provide information for users.

article 27 the power supply and use parties shall sign a power supply and use contract based on the principles of equality, voluntariness and consensus through consultation and in accordance with the measures for power supply and use formulated by the State Council, so as to define the rights and obligations of both parties.

article 28 power supply enterprises shall ensure that the quality of power supply provided to users meets the national standards. The power supply quality problems caused by public power supply facilities should be dealt with in time. If users have special requirements for power supply quality, power supply enterprises should provide corresponding power according to their necessity and the possibility of power grid.

Article 29 A power supply enterprise shall continuously supply power to users without interruption when the power generation and power supply systems are normal. When it is necessary to interrupt power supply due to maintenance of power supply facilities, power restriction according to law or illegal use of electricity by users, the power supply enterprise shall notify users in advance in accordance with relevant state regulations. Users who have objections to the interruption of power supply by power supply enterprises may complain to the power management department; The electric power administrative department that accepts the complaint shall handle it according to law.

article 3 when emergency power supply is needed for emergency rescue and disaster relief, the power supply enterprise must arrange power supply as soon as possible, and the required power supply project cost and electricity payable shall be implemented in accordance with relevant state regulations.

article 31 users should install electricity metering devices. The amount of electricity used by users shall be subject to the records of electricity metering devices legally recognized by metrological verification institutions. The design, construction, installation and operation management of users' power receiving devices shall conform to national standards or electric power industry standards.

article 32 users shall not endanger the safety and disturb the order of power supply and use. Power supply enterprises have the right to stop those who endanger the safety and disrupt the order of power supply and electricity use.

article 33 a power supply enterprise shall collect electricity charges from users according to the electricity price approved by the state and the records of electricity metering devices. When the power supply enterprise's electricity inspectors and meter readers enter users, they shall produce relevant certificates when conducting electricity safety inspection or meter reading and charging. Users should pay the electricity fee on time according to the electricity price approved by the state and the records of electricity metering devices; It shall provide convenience for power supply enterprises to check electricity and meter reading and charging personnel to perform their duties according to law.

article 34 power supply enterprises and users shall abide by the relevant provisions of the state and take effective measures to do a good job in the safe, economical and planned use of electricity.

chapter v electricity price and electricity fee

article 35 the electricity price mentioned in this law refers to the on-grid electricity price of power production enterprises, the mutual power supply price between power grids and the sales electricity price of power grids. The electricity price shall be subject to unified policies, unified pricing principles and hierarchical management.

article 36 in setting electricity prices, the cost should be compensated reasonably, the income should be determined reasonably, and it should be included in the tax according to law, and the fair burden should be adhered to to to promote power construction.

article 37 the on-grid electricity price shall be the same in the same network. Specific measures and implementation steps shall be formulated by the State Council. In case of special circumstances, power production enterprises need to formulate the on-grid tariff separately, and the specific measures shall be formulated by the State Council.

Article 38 On-grid tariffs in power grids across provinces, autonomous regions and municipalities directly under the Central Government and in provincial power grids shall be proposed by power production enterprises and power grid management enterprises through consultation and submitted to the price administrative department of the State Council for approval. On-grid tariffs in independent power grids shall be put forward through consultation between power production enterprises and power grid management enterprises, and reported to the price administrative department with management power for approval. The electricity produced by locally invested power production enterprises belongs to the independent power grid formed in various regions of the province or is used spontaneously, and its electricity price can be managed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

article 39 mutual power supply prices between power grids across provinces, autonomous regions and municipalities directly under the central government and between provincial power grids and independent power grids shall be proposed by both parties through consultation and submitted to the price administrative department of the State Council or its authorized department for approval. The mutual power supply price between independent power grids and independent power grids shall be proposed by both parties through consultation and reported to the price administrative department with management power for approval.

article 4 the sales price of power grids across provinces, autonomous regions and municipalities directly under the central government and provincial power grids shall be proposed by power grid operating enterprises and submitted to the price administrative department of the State Council or its authorized department for approval. The sales price of an independent power grid shall be proposed by the power grid operating enterprise and reported to the price administrative department with management power for approval.

article 41 the state practices classified electricity prices and time-of-use electricity prices. Classification standards and time-sharing methods shall be determined by the State Council. For users with the same voltage level and the same power consumption category in the same power grid, the same electricity price standard shall be implemented.

article 42 the charging standard for capacity increase of users' electricity consumption shall be formulated by the price administrative department of the State Council in conjunction with the electric power administrative department of the State Council.

article 43 no unit may set electricity prices beyond the authority of electricity price management. Power supply enterprises shall not change the electricity price without authorization.

article 44 it is forbidden for any unit or individual to add other fees to the electricity bill; However, if there are other provisions in laws and administrative regulations, such provisions shall prevail. Where the local fund-raising office charges additional fees for electricity, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate measures in accordance with the relevant provisions of the State Council. It is forbidden for power supply enterprises to collect other fees when collecting electricity charges.

article 45 measures for the administration of electricity prices shall be formulated by the State Council in accordance with the provisions of this law.

chapter VI rural electric power construction and agricultural electricity consumption

article 46 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate rural electrification development plans and incorporate them into local electric power development plans and national economic and social development plans.

article 47 the state implements preferential policies for rural electrification, and gives key support to rural power construction in ethnic minority areas, remote areas and poverty-stricken areas.

article 48 the state advocates developing hydropower resources in rural areas, building small and medium-sized hydropower stations and promoting rural electrification. The state encourages and supports rural areas to use solar energy, wind energy, geothermal energy, biomass energy and other energy sources to build rural power supply and increase rural power supply.

article 49 the local people's governments at or above the county level and their comprehensive economic departments shall ensure an appropriate proportion of electricity consumption between agriculture and rural areas, and give priority to ensuring electricity consumption for rural drainage, drought resistance and seasonal agricultural production. Electric power enterprises shall implement the electricity utilization arrangements mentioned in the preceding paragraph, and shall not reduce the indicators of agricultural and rural electricity utilization.

article 5 the price of agricultural electricity shall be determined on the principle of guaranteed capital and low profit. Farmers' living electricity consumption and local urban residents' living electricity consumption should gradually implement the same electricity price.

article 51 measures for the administration of electricity consumption in agriculture and rural areas shall be formulated by the State Council in accordance with the provisions of this law.

Chapter VII Protection of Power Facilities

Article 52 No unit or individual may endanger power generation facilities, substation facilities, power line facilities and related auxiliary facilities. Blasting around power facilities and other operations that may endanger the safety of power facilities shall be carried out in accordance with the provisions of the State Council on the protection of power facilities, and after approval and measures to ensure the safety of power facilities are taken, operations can be carried out.

article 53 the administrative department of electric power shall, in accordance with the provisions of the State Council on the protection of electric power facilities, set up signs for the protection zones of electric power facilities. No unit or individual may build buildings or structures that may endanger the safety of power facilities in the legally designated power facilities protection zones, plant plants that may endanger the safety of power facilities, or pile up items that may endanger the safety of power facilities. Plants that have been planted before the delineation of power facilities protection zones according to law hinder the safety of power facilities, and should be pruned or cut down.

article 54 when any unit or individual needs to carry out operations that may endanger the safety of power facilities in the legally designated power facilities protection zone, it shall be approved by the administrative department of electric power and take safety measures before it can carry out operations.