Decision of The State Council to amend the Regulations on the Administration of Environmental Protection of Construction Projects

　　Decree of The State Council of the People's Republic of China

　　第682号

　　The Decision of The State Council on Amending the Regulations on the Administration of Environmental Protection for Construction Projects, which was adopted at the 177th Executive Meeting of The State Council on June 21, 2017, is hereby promulgated and shall come into force as of October 1, 2017。

　　总　理　　李克强

　　July 16, 2017

　　Amendment by The State Council

　　The Regulations on the Administration of Environmental Protection of Construction Projects

　　The State Council decides to amend the Regulations on the Administration of Environmental Protection for Construction Projects as follows:

　　Paragraph 2 of Article 6 shall be deleted。

　　The second paragraph of Article 7 is amended as follows: "The classified management list of environmental impact assessment of construction projects shall be formulated and published by the competent department of environmental protection administration under The State Council on the basis of organizing experts to demonstrate and soliciting opinions from relevant departments, trade associations, enterprises and institutions, and the public.。”

　　Paragraph 2 of Article 8 shall be deleted。

　　Merge Articles 9 and 10，As article IX，It is amended as: "Construction projects that shall prepare environmental impact reports and environmental impact report forms according to law.，The construction unit shall, before starting construction, submit the environmental impact report and the environmental impact report to the competent administrative department of environmental protection with the power of examination and approval for examination and approval;The environmental impact assessment documents of construction projects have not been examined by the examination and approval department in accordance with law or have not been approved after examination，The construction unit shall not start construction。

　　"The competent department of environmental protection administration shall examine and approve environmental impact reports and environmental impact report forms，Emphasis should be placed on examining the environmental feasibility of construction projects, the reliability of environmental impact analysis, prediction and evaluation, the effectiveness of environmental protection measures, and the scientific nature of environmental impact assessment conclusions，Within 60 days from the date of receipt of the environmental impact report and within 30 days from the date of receipt of the environmental impact report form，The approval decision shall be made and the construction unit shall be notified in writing。

　　“The competent administrative department of environmental protection may organize technical institutions to carry out technical assessment of the environmental impact report and environmental impact report form of construction projects, and bear the corresponding expenses;Technical institutions shall be responsible for the technical assessment opinions they put forward, and shall not charge any fees to construction units and units engaged in environmental impact assessment。

　　"Construction projects that should fill in the environmental impact registration form according to law, the construction unit shall submit the environmental impact registration form to the environmental protection administrative department at the county level where the construction project is located for the record in accordance with the provisions of the environmental protection administrative department under The State Council.。

　　"The competent department of environmental protection administration shall carry out online examination and approval, filing and information disclosure of environmental impact assessment documents.。”

　　Change Article 11 to Article 10 and delete the phrase "or environmental impact registration form" in that article.。

　　One article is added as Article 11: "Where a construction project has any of the following circumstances, the competent department of environmental protection administration shall decide not to approve the environmental impact report or the environmental impact report form:

　　"(1) The type of construction project and its location, layout and scale do not comply with environmental protection laws and regulations and relevant statutory planning;

　　(2) the regional environmental quality does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;

　　"(3) the pollution prevention measures taken by the construction project fail to ensure that the discharge of pollutants meets the national and local emission standards, or the necessary measures are not taken to prevent and control ecological damage;

　　"(4) Reconstruction, expansion and technological transformation projects fail to put forward effective prevention and control measures against the original environmental pollution and ecological damage of the projects;

　　"(5) The basic information and data of the environmental impact report and environmental impact report form of the construction project are obviously untrue, the content has major defects or omissions, or the conclusion of the environmental impact assessment is unclear and unreasonable.。”

　　Article 12 is amended as follows: "After the construction project environmental impact report and environmental impact report form are approved.，There is a major change in the nature, scale, location, production technology adopted or measures taken to prevent pollution or ecological damage of the construction project，The construction unit shall submit a new environmental impact report and environmental impact report form for approval of the construction project。

　　"If the construction project environmental impact report or environmental impact report form has been completed for 5 years from the date of approval, and the construction project party starts construction, its environmental impact report or environmental impact report form shall be submitted to the original examination and approval department for re-examination.。The original examination and approval department shall, within 10 days from the date of receipt of the environmental impact report and environmental impact report form of the construction project, notify the construction unit of its examination and approval opinions in writing;Failure to notify within the time limit shall be deemed as approval。

　　"No fees shall be charged for the examination and approval of construction project environmental impact reports, environmental impact report forms and the filing of environmental impact registration forms.。”

　　8. Delete Article 13。

　　Article 17 is changed to Article 16 and amended to read: "The preliminary design of construction projects shall, in accordance with the requirements of the environmental protection design code, prepare an environmental protection chapter, implement measures to prevent and control environmental pollution and ecological damage and the budget estimate of investment in environmental protection facilities.。

　　"The construction unit shall incorporate the construction of environmental protection facilities into the construction contract, monitor the progress and funds of the construction of environmental protection facilities, and organize the implementation of the environmental impact report, the environmental impact report form and the environmental protection countermeasures and measures proposed in the approval decision of the examination and approval department during the construction process of the project.。”

　　Article 18 and Article 19 shall be deleted。

　　Article 20 is changed to Article 17 and amended as follows: "After the completion of a construction project for which an environmental impact statement or environmental impact report form is prepared, the construction unit shall, in accordance with the standards and procedures prescribed by the competent department of environmental protection administration under The State Council, conduct acceptance checks on the environmental protection facilities for supporting construction and prepare acceptance reports.。

　　In the process of acceptance of environmental protection facilities, the construction unit shall truthfully examine, monitor and record the construction and debugging of environmental protection facilities of the construction project, and shall not resort to fraud。

　　"In addition to the circumstances requiring confidentiality in accordance with state regulations, the construction unit shall disclose the acceptance report to the public in accordance with the law.。”

　　Xii. Delete Article 22。

　　Article 23 is changed to Article 19 and amended to read: "A construction project for which an environmental impact statement or environmental impact report form is prepared may be put into production or use only if the environmental protection facilities supporting the construction are qualified;It shall not be put into production or use if it has not been inspected or has failed to pass the inspection。

　　"After the construction project specified in the preceding paragraph is put into production or use, a post-environmental impact assessment shall be carried out in accordance with the provisions of the competent department of environmental protection administration under The State Council。”

　　14, add one article as Article 20: "The competent department of environmental protection administration shall supervise and inspect the design, construction, acceptance, putting into production or use of environmental protection facilities of construction projects, as well as the implementation of other environmental protection measures determined in the relevant environmental impact assessment documents.。

　　"The competent department of environmental protection administration shall record the information about environmental violations of construction projects in the social integrity archives and disclose the list of offenders to the society in a timely manner.。”

　　15, the 24th, 25th combined, as 21st, amended as: "The construction unit has one of the following acts, in accordance with the provisions of the People's Republic of China Environmental Impact Assessment Law" punishment:

　　"(1) Failure to submit a construction project environmental impact report or environmental impact report form for approval or re-examination according to law, and unauthorized commencement of construction;

　　"(2) start construction without approval of the environmental impact report or environmental impact report form of the construction project or approval of the re-examination;

　　"(3) The environmental impact registration form of the construction project is not filed in accordance with the law。”

　　16. Add one，As Article 22: "Violation of the provisions of these Regulations，The preliminary design of the construction project prepared by the construction unit has not implemented the measures to prevent and control environmental pollution and ecological damage and the budget estimate of investment in environmental protection facilities，The construction of environmental protection facilities is not included in the construction contract，Or failing to carry out post-environmental impact assessment in accordance with the law，The administrative department of environmental protection at or above the county level where the construction project is located shall order rectification within a time limit，A fine of not less than 50,000 yuan but not more than 200,000 yuan;Not corrected within the time limit，A fine of not less than 200,000 yuan but not more than 1 million yuan。

　　"Violation of the provisions of these Regulations，In the process of project construction, the construction unit fails to organize the implementation of the environmental impact report, environmental impact report form and the environmental protection countermeasures proposed in the examination and approval decision of the examination and approval department，The administrative department of environmental protection at or above the county level where the construction project is located shall order rectification within a time limit，Imposing a fine of not less than 200,000 yuan but not more than 1 million yuan;Not corrected within the time limit，Order to stop construction。”

　　17. Delete Articles 26 and 27。

　　Article 28 shall be changed to Article 23，Amended as: "Violation of the provisions of these Regulations，Environmental protection facilities that need to be built have not been completed, have not been inspected or have failed to pass the inspection，The construction project is put into production or use，Or resorting to fraud in the acceptance of environmental protection facilities，The administrative department of environmental protection at or above the county level shall order the correction within a time limit，Imposing a fine of not less than 200,000 yuan but not more than 1 million yuan;Not corrected within the time limit，Imposing a fine of not less than 1 million yuan but not more than 2 million yuan;To the persons in charge and other responsible persons directly responsible，A fine of not less than 50,000 yuan but not more than 200,000 yuan;Causing major environmental pollution or ecological damage，Order to stop production or use，Or submit it to the people's government with the power of approval for approval，Order closure。

　　"In violation of the provisions of these Regulations, the construction unit fails to disclose the acceptance report of environmental protection facilities to the public in accordance with the law, by the administrative department of environmental protection at or above the county level to order disclosure, impose a fine of more than 50,000 yuan and less than 200,000 yuan, and make a public announcement.。”

　　One article is added as Article 24: "Where, in violation of the provisions of these Regulations, a technical institution collects fees from a construction unit or a unit engaged in environmental impact assessment work, the administrative department of environmental protection at or above the county level shall order the refund of the fees collected and a fine of not less than one time but not more than three times the fees collected by the premises.。”

　　Article 29 shall be changed to Article 25 and amended as follows: "Where a unit engaged in the environmental impact assessment of a construction project engages in fraud in the environmental impact assessment work, a fine of not less than 1 times but not more than 3 times shall be levied by the administrative department of environmental protection at or above the county level.。”

　　Article 32 is changed to Article 28, and "offshore oil exploration and development" in this article is amended to "offshore engineering".。

　　This decision shall take effect as of October 1, 2017。

　　The Regulations on the Administration of Environmental Protection of Construction Projects shall be amended accordingly and the serial number of the provisions shall be adjusted accordingly in accordance with this Decision and re-promulgated。

　　Regulations on the administration of environmental protection of construction projects

　　Promulgated by Decree No. 253 of The State Council of the People's Republic of China on November 29, 1998

　　Amended in accordance with the Decision of The State Council on Amending the Regulations on Environmental Protection of Construction Projects on July 16, 2017)

　　** Chapter General provisions

　　Article ** These Regulations are formulated to prevent construction projects from generating new pollution and damaging the ecological environment。

　　Article 2 These Regulations shall apply to construction projects that have an impact on the environment in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China。

　　Article 3 Construction projects that cause pollution must comply with the national and local standards for the discharge of pollutants.In the areas where the total discharge of major pollutants is controlled, the requirements for total discharge control of major pollutants must also be met。

　　Article 4 Industrial construction projects shall adopt cleaner production techniques with low energy and material consumption and less pollutant generation, make rational use of natural resources, and prevent environmental pollution and ecological damage。

　　Article 5 Reconstruction and expansion projects and technological transformation projects must take measures to control the original environmental pollution and ecological damage related to the projects。

　　Chapter II Environmental impact assessment

　　Article 6 The State shall implement an environmental impact assessment system for construction projects。

　　Article 7 The State shall, according to the impact of a construction project on the environment, exercise classified management over environmental protection of such construction projects in accordance with the following provisions:

　　(1) Where a construction project may have a significant impact on the environment, an environmental impact statement shall be prepared to make a comprehensive and detailed assessment of the pollution generated by the construction project and its impact on the environment;

　　(2) Where a construction project may have a slight impact on the environment, an environmental impact report form shall be prepared to analyze or specifically evaluate the pollution generated by the construction project and its impact on the environment;

　　(3) Where the construction project has little impact on the environment and does not require an environmental impact assessment, an environmental impact registration form shall be completed。

　　The classified management list for environmental impact assessment of construction projects shall be formulated and published by the competent department of environmental protection administration under The State Council on the basis of organizing experts to conduct demonstration and soliciting opinions from relevant departments, trade associations, enterprises and institutions and the public。

　　Article 8 The environmental impact report of a construction project shall include the following contents:

　　(1) Overview of the construction project;

　　(2) the current situation of the surrounding environment of the construction project;

　　(3) Analysis and prediction of the possible impact of the construction project on the environment;

　　(4) environmental protection measures and their economic and technical demonstration;

　　(5) economic profit and loss analysis of environmental impact;

　　(6) Suggestions on the implementation of environmental monitoring for construction projects;

　　(7) Conclusions of environmental impact assessment。

　　The content and format of the environmental impact report form and the environmental impact registration form for construction projects shall be prescribed by the competent department of environmental protection administration under The State Council。

　　Article 9 Construction projects for which environmental impact reports and environmental impact report forms shall be prepared according to law，The construction unit shall, before starting construction, submit the environmental impact report and the environmental impact report to the competent administrative department of environmental protection with the power of examination and approval for examination and approval;The environmental impact assessment documents of construction projects have not been examined by the examination and approval department in accordance with law or have not been approved after examination，The construction unit shall not start construction。

　　The competent department of environmental protection administration shall examine and approve environmental impact reports and environmental impact report forms，Emphasis should be placed on examining the environmental feasibility of construction projects, the reliability of environmental impact analysis, prediction and evaluation, the effectiveness of environmental protection measures, and the scientific nature of environmental impact assessment conclusions，Within 60 days from the date of receipt of the environmental impact report and within 30 days from the date of receipt of the environmental impact report form，The approval decision shall be made and the construction unit shall be notified in writing。

　　The competent administrative department of environmental protection may organize technical institutions to carry out technical assessment of the environmental impact report and environmental impact report form of construction projects, and bear the corresponding expenses;Technical institutions shall be responsible for the technical assessment opinions they put forward, and shall not charge any fees to construction units and units engaged in environmental impact assessment。

　　For construction projects that shall fill in the environmental impact registration form according to law, the construction unit shall submit the environmental impact registration form to the environmental protection administrative department at the county level where the construction project is located for the record in accordance with the provisions of the competent department of environmental protection administration under The State Council。

　　The competent department of environmental protection administration shall carry out online examination and approval, filing and information disclosure of environmental impact assessment documents。

　　Article 10 The competent department of environmental protection administration under The State Council shall be responsible for examining and approving the environmental impact reports and environmental impact report forms of the following construction projects:

　　(1) Construction projects of special nature such as nuclear facilities and top-secret projects;

　　(2) Construction projects in the administrative areas of cross-province, autonomous region and municipality directly under the Central Government;

　　(3) Construction projects approved by The State Council or approved by relevant departments authorized by The State Council。

　　The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall stipulate the authority for examination and approval of environmental impact reports and environmental impact report forms for construction projects other than those provided for in the preceding paragraph。

　　Where a construction project causes cross-administrative environmental impact and the relevant competent administrative department of environmental protection disputes the conclusion of the environmental impact assessment, the environmental impact report or environmental impact report form shall be examined and approved by the competent administrative department of environmental protection at the next higher level。

　　Article 11 Under any of the following circumstances, the competent department of environmental protection administration shall decide not to approve the environmental impact report and environmental impact report form:

　　(1) The type of construction project and its site selection, layout and scale do not comply with environmental protection laws and regulations and relevant statutory planning;

　　(2) the regional environmental quality does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the requirements of the regional environmental quality improvement target management;

　　(3) the pollution prevention measures taken by the construction project fail to ensure that the discharge of pollutants meets the national and local emission standards, or the necessary measures are not taken to prevent and control ecological damage;

　　(4) Reconstruction, expansion and technological transformation projects, failing to put forward effective prevention and control measures against the original environmental pollution and ecological damage of the project;

　　(5) The basic information and data of the environmental impact report and environmental impact report form of the construction project are obviously untrue, the content has major defects or omissions, or the conclusion of the environmental impact assessment is unclear and unreasonable。

　　Article 12 After the construction project environmental impact report and environmental impact report form are approved，There is a major change in the nature, scale, location, production technology adopted or measures taken to prevent pollution or ecological damage of the construction project，The construction unit shall submit a new environmental impact report and environmental impact report form for approval of the construction project。

　　If the construction project environmental impact report or environmental impact report form has been completed for 5 years since the date of approval, and the construction project party starts construction, its environmental impact report or environmental impact report form shall be submitted to the original examination and approval department for re-examination。The original examination and approval department shall, within 10 days from the date of receipt of the environmental impact report and environmental impact report form of the construction project, notify the construction unit of its examination and approval opinions in writing;Failure to notify within the time limit shall be deemed as approval。

　　No fees shall be charged for the examination and approval of construction project environmental impact reports, environmental impact report forms and the filing of environmental impact registration forms。

　　Article 13 A construction unit may, by means of public bidding, select units engaged in environmental impact assessment to conduct environmental impact assessment on a construction project。

　　No administrative organ may designate a unit engaged in environmental impact assessment for a construction unit to conduct environmental impact assessment。

　　Article 14 In preparing an environmental impact statement, a construction unit shall, in accordance with the relevant laws and regulations, solicit the opinions of the relevant units and residents in the place where the construction project is located。

　　Chapter III Construction of environmental protection facilities

　　Article 15 Environmental protection facilities that need to be built in support of a construction project must be designed, constructed and put into operation at the same time as the main part of the project。

　　Article 16 In the preliminary design of a construction project, an environmental protection chapter shall be prepared in accordance with the requirements of the environmental protection design standards, and measures for the prevention and control of environmental pollution and ecological damage as well as the budget estimates for investment in environmental protection facilities shall be implemented。

　　The construction unit shall incorporate the construction of environmental protection facilities into the construction contract, monitor the progress and funds of the construction of environmental protection facilities, and organize the implementation of the environmental impact report, environmental impact report form and the environmental protection countermeasures and measures proposed in the approval decision of the examination and approval department during the project construction process。

　　Article 17 After the completion of a construction project for which an environmental impact statement or an environmental impact report form is prepared, the construction unit shall, in accordance with the standards and procedures prescribed by the competent department of environmental protection administration under The State Council, inspect and accept the environmental protection facilities for supporting construction and prepare an acceptance report。

　　In the process of acceptance of environmental protection facilities, construction units shall truthfully examine, monitor and record the construction and commissioning of environmental protection facilities of construction projects, and may not resort to fraud。

　　Except in cases where confidentiality is required according to state regulations, the construction unit shall disclose the acceptance report to the public according to law。

　　Article 18 For a construction project that is constructed or put into production or use by stages, the corresponding environmental protection facilities shall be checked and accepted by stages。

　　Article 19 A construction project for which an environmental impact report or environmental impact report form has been prepared may be put into production or use only after the environmental protection facilities supporting the project have been qualified.It shall not be put into production or use if it has not been inspected or has failed to pass the inspection。

　　After the construction project mentioned in the preceding paragraph is put into production or use, a post-environmental impact assessment shall be carried out in accordance with the provisions of the competent department of environmental protection administration under The State Council。

　　Article 20 The competent department of environmental protection administration shall supervise and inspect the design, construction, acceptance, putting into production or use of environmental protection facilities for construction projects, as well as the implementation of other environmental protection measures specified in the relevant environmental impact assessment documents。

　　The competent department of environmental protection administration shall record the information related to environmental violations of construction projects into the social integrity archives and disclose the list of offenders to the society in a timely manner。

　　Chapter IV Legal liability

　　Article 21 A construction unit that commits any of the following acts shall be punished in accordance with the provisions of the Environmental Impact Assessment Law of the People's Republic of China:

　　(1) Failure to submit a construction project environmental impact report or environmental impact report form for approval or re-examination according to law, and unauthorized commencement of construction;

　　(2) start construction without approval of the environmental impact report or environmental impact report form of the construction project or approval of the re-examination;

　　(3) The environmental impact registration form of the construction project is not filed in accordance with the law。

　　Article 22 Violation of these Regulations，The preliminary design of the construction project prepared by the construction unit has not implemented the measures to prevent and control environmental pollution and ecological damage and the budget estimate of investment in environmental protection facilities，The construction of environmental protection facilities is not included in the construction contract，Or failing to carry out post-environmental impact assessment in accordance with the law，The administrative department of environmental protection at or above the county level where the construction project is located shall order rectification within a time limit，A fine of not less than 50,000 yuan but not more than 200,000 yuan;Not corrected within the time limit，A fine of not less than 200,000 yuan but not more than 1 million yuan。

　　Violation of the provisions of this Ordinance，In the process of project construction, the construction unit fails to organize the implementation of the environmental impact report, environmental impact report form and the environmental protection countermeasures proposed in the examination and approval decision of the examination and approval department，The administrative department of environmental protection at or above the county level where the construction project is located shall order rectification within a time limit，Imposing a fine of not less than 200,000 yuan but not more than 1 million yuan;Not corrected within the time limit，Order to stop construction。

　　Article 23 Violation of the provisions of these Regulations，Environmental protection facilities that need to be built have not been completed, have not been inspected or have failed to pass the inspection，The construction project is put into production or use，Or resorting to fraud in the acceptance of environmental protection facilities，The administrative department of environmental protection at or above the county level shall order the correction within a time limit，Imposing a fine of not less than 200,000 yuan but not more than 1 million yuan;Not corrected within the time limit，Imposing a fine of not less than 1 million yuan but not more than 2 million yuan;To the persons in charge and other responsible persons directly responsible，A fine of not less than 50,000 yuan but not more than 200,000 yuan;Causing major environmental pollution or ecological damage，Order to stop production or use，Or submit it to the people's government with the power of approval for approval，Order closure。

　　In violation of the provisions of these Regulations, the construction unit fails to disclose the acceptance report of environmental protection facilities to the public in accordance with the law, the administrative department of environmental protection at or above the county level shall order the disclosure, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan, and make a public announcement。

　　Article 24 Where, in violation of the provisions of these Regulations, a technical institution collects fees from a construction unit or a unit engaged in environmental impact assessment, the competent administrative department for environmental protection at or above the county level shall order it to refund the fees collected and impose a fine of not less than one time but not more than three times the fees collected by the premises。

　　Article 25 Where a unit engaged in the environmental impact assessment of a construction project engages in fraud in the environmental impact assessment work, a fine of not less than one time but not more than three times the fee collected by the competent administrative department of environmental protection at or above the county level shall be imposed。

　　Article 26 Any staff member of the competent department of environmental protection administration who engages in malpractices for personal gain, abuses his power or neglects his duty, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。

　　Chapter V Supplementary Provisions

　　Article 27 Environmental impact assessment shall be carried out when formulating construction plans for regional development such as river basin development, development zone construction, construction of new urban areas and reconstruction of old areas。Specific measures shall be formulated separately by the competent department of environmental protection administration under The State Council in conjunction with relevant departments under The State Council。

　　Article 28 The administration of environmental protection for Marine engineering construction projects shall be carried out in accordance with the provisions of The State Council on the administration of environmental protection for Marine engineering。

　　Article 29 The administration of environmental protection for construction projects of military installations shall be carried out in accordance with the relevant provisions of the Central Military Commission。

　　Article 30 These Regulations shall go into effect as of the date of promulgation。