Circular of the State Development and Reform Commission and other departments to speed up the implementation of contracts for energy management services for energy industry development of informed opinion
SCS 25 [2010]
Provinces, autonomous regions and municipalities, wagons, directly under the agency:
Development and Reform Commission, Ministry of Finance, the People's Bank, the State Administration "on accelerating the implementation of contracts for energy services, energy management advice industry" has been the State Council, are transmitted to you, please conscientiously implemented.
State Council
二○一 ○ 年 四月 二 日
On accelerating the implementation of contracts for energy services, energy management advice industry
Development and Reform Commission Ministry of Finance Administration of the People's Bank
According to "Energy Conservation Law" and the "State Council's decision on strengthening energy conservation" (Guo Fa [2006] No. 28), "the State Council on the issuance of a comprehensive energy conservation program of work notice" (Guo Fa [2007] 15 No.) and spirit of the document, to accelerate the implementation of the contract energy management, energy services industry, is to make the following observations:
A full understanding of the implementation of energy management contract to develop the importance of energy services industry
Contract energy management is widely implemented in developed countries, the use of market instruments to promote energy-efficient service mechanism. Energy service companies and energy users signed a management contract, to provide users with energy-saving diagnosis, financing, transformation services, and energy efficiency in order to recover their investment and to share a reasonable profit, can greatly reduce the energy unit energy-saving financial and technical risks, and fully using units to mobilize the enthusiasm of energy saving, energy-saving measures are effective. China introduced in the late 1990s, since the contract energy management system, through demonstration, guidance and promotion of energy efficiency services industry, the rapid development of specialized energy service companies continue to increase, the scope of services has been extended to industry, construction, transportation, public institutions and other areas. In 2009, the national energy service company up to 502, output value of more than 580 billion yuan, the formation of energy-saving capacity of 13.5 million tons of standard coal, promoting energy saving, reduce energy consumption, increase employment in the society played an active role. It should be noted, China's energy management contract has not been given sufficient attention, energy services industry, there is less tax support policies, financing difficulties and the small-scale development of non-standard and other outstanding issues, development of the situation difficult to adapt to the needs of energy conservation. Accelerate the implementation of the contract energy management, and actively develop the energy services industry, is to use market mechanisms to promote energy conservation, reduce greenhouse gas emissions, effective measures to cultivate a strategic new industries, new economic growth point of the urgent requirement is to build a resource and environment-friendly society, the objective needs. All localities and departments should fully understand the implementation of energy management contract to develop the importance of energy services industry, to take effective measures to create a favorable policy environment, promote energy efficiency services industry to accelerate development.
Second, the guiding ideology, basic principles and development targets
(A) guiding ideology.
Hold high the great banner of socialism with Chinese characteristics, take Deng Xiaoping Theory and "Three Represents" as guidance, thoroughly implement the scientific concept of development, give full play to market mechanism, to strengthen policy support and guidance, and actively implement the contract energy management, accelerate new energy-saving technology, promote the use of new products, services for energy industry development and improve energy efficiency.
(B) the basic principles.
First, insist on role of market mechanism. Give full play to market allocation of resources to the basic role, to share energy efficiency, based on a market-oriented energy services mechanism to promote energy service companies to enhance technological innovation and service innovation, improve service capabilities, improve service quality.
The second is to strengthen policy support guidance. Through the development of improved incentives, to enhance supervision, strengthen self-discipline, energy services industry to create a conducive policy environment and market development environment, and guide the healthy development of energy service industry.
(C) development goals.
By 2012, support for training a group of professional energy services company, to grow a large number of integrated energy services company, to establish a vibrant, distinctive, and a standardized energy services market. By 2015, establish a more complete energy service system, professional energy services company to further expand the service capabilities further enhanced services and further expand, contract energy management unit can be implemented using one of the main energy saving.
Third, improve services for energy industry development policies and measures
(A) increase financial support.
The contract energy management projects into the central budget for investment and central government special funds to support energy saving range of energy service companies to implement the use of contract energy management energy-saving projects, comply with the relevant provisions, to give financial subsidies or incentives. Areas where conditions permit should also set aside some funds to support and guide the energy services industry.
(B) the implementation of tax policies.
In strengthening the tax administration under the premise of the energy service industry to take appropriate tax policies.
First, energy service companies to implement the contract energy management projects, to obtain the sales tax taxable income can be exempt sales tax, its free transfer to using units of energy management project by the implementation of the contract formed by assets, exempt from VAT.
Second, energy service companies to implement the contract energy management projects, in line with the relevant provisions of tax law, the first production from the project operating income tax year, the first year to third year exemption from corporate income tax, the fourth year to sixth year half corporate income tax.
Third, in accordance with enterprise energy management contract can actually paid to the energy services company of reasonable expenses, both in the calculation of the amount of current taxable income deduction no longer distinguish between service fees and asset price for processing.
Fourth, after the expiration of the contract energy management, energy service companies to transfer to the energy companies of the energy management project by the implementation of the contract formed by assets, depreciation or amortization of assets expiration processing. Energy service companies and energy companies for the transfer of ownership of assets, no longer be included in the energy services company's revenue.
The tax policy of the specific measures for implementation by the Ministry of Finance and Administration in conjunction with the Development and Reform Commission and other departments will be forthcoming.
(C) improve the relevant accounting system.
Government agencies at all levels, the use of contract energy management implement energy-saving, according to the contract paid to the energy service company expenses as if energy costs are incurred. The use of contract energy management institutions implement energy-saving, according to the contract paid to the energy services company charged to the relevant expenditure. The use of contract energy management companies implement energy-saving, such as the acquisition or construction of assets and receive services and be able to differentiate the measured separately, should be separately accounted for, according to the national uniform system to deal with accounting standards; if they can not reasonably able to distinguish or differentiate but not alone, although measurement, energy service companies actually paid to the company's expenses as costs are incurred, energy management contract expires, using units to obtain the relevant assets as donations processing, energy service companies as gift processing.
(D) to further improve financial services.
Encourage banks and other financial institutions, energy service companies finance demand characteristics, innovative products, expand range of collateral, streamlining application and approval procedures for energy service companies to provide project financing, factoring and other financial services. Energy service companies to implement energy management contract, the fixed assets investment projects according to relevant provisions applying for a mortgage to the bank. Active use of foreign preferential loans and grants to increase the contract energy management projects to support.
Fourth, to strengthen the energy services industry guidance and services
(A) encourage and support the energy services company bigger and stronger.
Energy service companies to enhance service innovation, strengthen personnel training, strengthening of technical research and development, strengthen brand building, increasing overall strength and market competitiveness. Encourage energy service companies through mergers, alliances, restructuring, etc., to implement large-scale, brand, network management, form a group with well-known brands, highly competitive large-scale service enterprises. Encourage large key energy units to use their technological advantage and management experience, the formation of specialized energy service companies, other energy-based industries to provide energy services unit.
(B) the services and industry organizations to play the role of self-discipline.
Energy services industry organizations to fully perform their functions, vigorously carry out business training, accelerate the construction of information exchange platform, summed up and spread the outstanding performance of successful experience in the energy service company, active in energy conservation consulting services. Convention to develop energy services industry, establish and improve industry self-regulatory mechanism to improve the overall quality of the industry.
(C) the energy services industry to create a good environment.
Local governments to implement energy management contract to develop the energy services industry into the agenda, strengthen leadership, organization, so as to achieve practical results. Government agencies take the lead in the use of energy management contract to implement energy-saving, play an exemplary role model. Authorities at all levels of energy to take many forms, the implementation of widely publicized the importance of energy management contract and the significant results, raising the public awareness of energy management contract and the degree of identity, the implementation of energy management contract to create a favorable atmosphere. To strengthen the use of energy measurement management, supervision and using units equipped with energy metering equipment required for the energy service companies to implement energy management programs provide the basis for the contract conditions. To organize the implementation of the contract energy management demonstration projects, and leading role to play. To strengthen the law on energy services industry research, and actively learn from advanced foreign experience and good practices, coordinate and solve the industry's difficulties and problems, and promote sustained and healthy development of industry.
Contract energy management specification
1 Scope
This standard specifies the definition of energy management contract, technical requirements and reference the contract.
This standard applies to contract energy management projects.
2 Normative references
The following documents contain provisions which through reference in this standard to become the standard terms. For dated references, subsequent amendments (excluding corrections) or revisions do not apply to this standard, however, encourage the parties to the agreement according to the study whether to use the latest version of these documents . For undated references, the latest versions apply to this standard.
GB / T 17166 General enterprise energy audit techniques
GB / T 13234 Enterprise calculated the energy savings
3 Terms and definitions
The following terms and definitions apply to this standard.
3.1
Contract energy management energy performance contracting
Energy service companies and users to contract in the form agreed energy efficiency targets for energy saving projects and business operation, and primarily through energy cost savings, or savings, to pay project costs, a gain of an investment or mode of operation.
3.2
Contract energy management projects energy performance contracting project
The contract to implement energy-saving energy management projects.
Note: energy projects is the project's energy efficiency (cost-effective energy savings) of the total efficiency of 50%.
3.3
Energy service companies (ESCO) energy services company
Energy service companies to provide energy efficiency services, energy management system through the operation of the contract, the implementation of energy-saving projects, access to benefits through energy savings, the contract energy management project based industry, with independent legal person qualification and professional service companies. Energy service companies and energy users to sign service contracts to provide energy-efficient diagnosis, feasibility studies, project design, project financing, equipment and materials procurement, construction, personnel training, testing and verification of energy section, operation, maintenance and management of some or all of the energy services and energy management programs through contracts with the users to share project benefits resulting from energy conservation.
Note: some of these energy-saving technologies to provide services to energy-saving equipment suppliers may be regarded as a special kind of energy services company.
3.4
User clients
Energy service companies provide energy services to the object, including companies and public institutions. Contract energy management through the implementation of the project, users reduce energy-saving technology to improve the financial and technical pressure, and get energy efficiency.
3.5
Users can use the diagnostic status of diagnosing the energy utilization of clients
Energy service companies for the user's specific circumstances, the physical process of energy use and financial process of inspection, verification and analysis and evaluation to measure the user's current use of energy, and a variety of alternative energy-saving measures to predict the energy efficiency activities.
3.6
Energy-saving measures energy conservation measure
User-specific energy efficiency measures, including the renovation of existing facilities and new facility design changes. Common energy-saving measures, including modification or replacement of equipment, operation and maintenance process to optimize and improve the control system software to enhance operational personnel, management staff training and management.
3.7
Base period baseline period
Users to implement energy-saving measures used to determine the energy use before the time period.
3.8
Reporting period, reporting period
According to the test and validation program requirements to determine the energy savings after the implementation of energy-saving measures the time period.
3.9
Base period consumption baseline energy consumption
Corresponding to the user base load in the base period, unadjusted actual energy consumption or energy demand.
3.10
Reporting period energy consumption reporting energy consumption
Users during the reporting period energy consumption or energy demand.
3.11
Baseline energy consumption benchmark
Reflect the user's energy status, contract energy management program used to calculate the energy efficiency of energy consumption baseline.
3.12
Project energy savings energy savings of the project
Contracts after the implementation of energy management projects to bring energy consumption or reduce the amount of energy demand.
3.13
Energy efficiency benefit of energy savings
Contract energy management projects the market value of energy savings.
3.14
Testing and verification measurement and verification
By measuring, calculation, analysis and other methods to determine the baseline energy consumption and energy-saving measures project energy savings, energy efficiency assessment of a series of activities.
3.15
Testing and validation program measurement and verification plan
Agreed upon by the parties to the contract, the contract energy management project implementation, testing and verification of programs and content.
4 technical requirements
4.1 Contract Type
Common types of contracts, including share-based energy efficiency contract, guaranteed energy savings contract type, contract hosted energy costs, energy-saving equipment lease-type contract and the contract contains two or more types of hybrid contracts and other types of contracts.
4.1.1 Share-based energy efficiency contract (shared savings contract)
In the life of the project both users and energy service companies to share energy-efficient type of contract. Investment in energy-saving projects by energy service companies agreed to share the burden with the user or by energy service companies bear alone. Project construction is completed, the energy savings by mutual recognition, the parties agreed by contract to share energy efficiency ratio. After the project contract, free transfer of ownership of energy-saving equipment to the user, after all revenue generated by energy owned by the user.
Note: To reduce the risk of payment, the user can provide various services to the energy-saving energy efficiency of payments.
4.1.2 to ensure that type of energy contracts (guaranteed savings contract)
User investment, energy service companies to provide energy services and energy efficiency commitment to ensure that the project type of contract. Implementation of the project is completed, confirmed by both parties to achieve energy efficiency commitment, one-time or sub-sub-user services to energy companies pay for services, such as reach the promised energy efficiency, the difference in part by the energy services company.
Note: Energy savings guarantee type contract for a short implementation cycle, can quickly pay for energy-efficient energy-saving projects, the contract will generally agreed fixed amount of energy prices.
4.1.3 Energy cost hosted contracts (energy-cost trust contract)
User commissioned energy services company invested in energy systems and energy-saving operation and management, and in accordance with the energy systems of the two sides agreed to pay the energy costs of energy services company management, the system saves energy costs energy services company owned by type of contract. After the end of the contract the project, transformation of energy saving equipment, the company handed over free of charge to users, since the resulting energy-saving benefits all owned by the user.
4.1.4 Energy Equipment Rental Contract
Finance companies to invest in energy service companies to buy energy-efficient equipment and services, and leased to users, under the agreement periodically to customers for rental costs. Energy service companies responsible for the user to transform the energy system, and the contract period to measure the energy of the section verification, guarantee energy savings. After the project contract, energy-saving equipment financing company free of charge by the transfer to the users, since the resulting energy-saving benefits all owned by the user.
4.2 implementation of the project contract energy management program
Contract energy management projects of the basic procedures include:
Contact between the project.
Users can state with a diagnosis.
Project proposals. Energy service companies submit to the user energy project proposals to introduce energy-saving projects, putting forward reform proposals to estimate the amount of investment and energy efficiency.
Determine the baseline energy consumption (including monitoring, statistics, analysis and other methods). Both sides of the transformation of energy-consuming equipment to carry out the necessary monitoring to establish baseline energy consumption of energy-saving projects. Monitoring must be modified or replaced before the existing energy-consuming equipment.
Project negotiations, the signing of the contract. The two sides formally signed by the energy service contract negotiations.
Project financing. Determine if the project funds to finance, lack of funds could be considered if the commercial banks by means of financing.
Project implementation. Energy service companies contract energy management project engineering design, project construction and energy-saving equipment installation work.
Project commissioning.
Project acceptance, confirm the savings. Implementation of the project is completed, the project jointly organized by the acceptance of the project. According to the contract specified in the test and verification program, complete testing and verification of energy savings.
Benefit-sharing. According to the contract for energy savings and benefit sharing.
Project maintenance. Energy service companies to provide users with the installation of equipment maintenance services.
Project training. Energy services company under contract to the user's technical staff with appropriate training, so that after the expiration of the contract, the project still be able to properly run the device, so that energy-saving effect of a continuing nature.
The end of the project contract. Contract expires, all energy-saving equipment for the user end of the project.
Contract energy management project may not include all of the above content, but users can use the status of the diagnosis, determine the energy consumption benchmark contract, to determine the energy savings and benefit sharing contract constitutes the essential elements of energy management projects.
4.3 Contract technical requirements for energy management projects
Energy projects should meet the standards required technical performance requirements.
4.3.1 used to diagnose conditions
Users with the status of the diagnosis by the professional bodies can be, and should refer to GB / T 17166 related requirements.
4.3.2 energy and energy efficiency benchmark
Baseline energy consumption and energy efficiency should be determined by reference to GB / T 13234 and other standards, and recognition of all parties concerned to get the contract.
4.4 Testing and certification programs
Contract energy management projects should be clearly tested and validated solution.
Testing and validation programs should follow the following principles:
Accuracy. Testing and validation program should accurately reflect the user conditions and expected energy consumption energy efficiency.
Integrity. Testing and validation programs should take into account all the factors that affect the realization of energy efficiency, the impact of important factors must be quantified.
Conservative. Testing and validation programs should take full account of uncertainties on energy efficiency should be a conservative estimate.
Versatility. Testing and validation programs should have the versatility to cope with the type of project, staff, implementation of the cycle, project details and other aspects of diversity.
Correlation. Testing and validation program response and the energy savings are highly relevant and widely accepted parameters to test and verify. If the parameters do not meet the above requirements for testing and validation, should be fully explained.
Transparent and open. Both test and validation program should open all the technical details of the contract implementation process to avoid possible controversy.
Testing and certification programs should be developed with reference to existing standards adequate results.
4.5 Third-party organizations
To avoid controversy, to reduce uncertainty, a neutral body for energy consumption by a third party benchmarking, testing and certification programs, energy efficiency audit to determine the other to supervise the work.
To avoid difficulties in financing the project, to ensure energy-saving investment, banks, investment companies and other investment and financing institutions may join as a third party contract.
To reduce project risk, insurance companies, security companies and other organizations can join as a third party contract.
4.6 Contract Text
Contract energy management contract text is an important carrier of project implementation, the project only with reference to the relevant reference in Appendix A contract format, the development of specialized contract energy management project contract text.
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