Implementation Opinions on the Reform of Environmental Impact Assessment System in This Municipality

April 30, 2019

SMPG D [2019] No. 24

With a view to optimizing the business environment, transforming government functions, improving the efficiency of environmental impact assessment and approval, strengthening environmental management, and boosting Shanghai high-quality development, the Implementation Opinions on the Reform of Environmental Impact Assessment System in This Municipality are formulated in accordance with the provisions of the State and this Municipality on the reform of administrative approval system.

I. Guiding Ideology

Guided by Xi Jinping's thought on ecological civilization, we shall follow the national requirements on deepening the reform of "decentralization, regulation and service", through system innovation and change of the management mode in environmental impact assessment, give full play to the function of the environmental impact assessment system in the aspects of access to the industry source, control of environmental risk, implementation of enterprise's main responsibility etc., secure system guarantee for a battle in pollution prevention and control and achieve high quality development.

II. Basic Principles

Improve the business environment and stick to the bottom line of the ecological environment. Through institutional creation, process re-engineering, we shall enhance the classification policy and optimize the approval process for projects with large quantity, wide coverage and controllable impact on the ecological environment. At the same time, we shall strictly supervise projects that affect safety and quality of the ecological environment and keep to the bottom line.

Make overall planning and take "decentralization, regulation and service" into consideration. We shall transform government functions and delegate them functions of market and enterprise back to the market and enterprise. The government shall strengthen macro-guidance for regional planning, strengthen oversight of key industries, provide services in advance, and clarify environmental standards and requirements.

III. Reform Measures

1. Classified management of environmental impact assessment

(1) Make a directory of key industries. We shall implement differentiated environmental impact assessment management methods and strengthen environmental supervision over projects with high pollution and high risk. Industries and projects with large ecological impact and high risk shall be incorporated in the directory of key industries for catalogue management, with dynamic adjustments made in accordance with the requirements of ecological and environmental protection. The construction projects listed in the directory of key industries shall be subject to key supervision at all stages including application for approval, construction and operation, strict examination and approval for environmental impact assessments. For construction projects that are not listed in the directory of key industries, the procedures of environmental assessment and the approval process shall be greatly optimized and simplified.

(2) Issuance of supplementary directory of environmental impact assessment. On the basis of the Directory of Classified Management of Environmental Impact Assessment of Construction Projects issued by the Ministry of Ecology and Environment, the category of projects and the mode of environmental impact assessment shall further be optimized according to the actual situation of this Municipality.

(3) Exemption from environmental assessment procedures for a number of construction projects. We shall make a positive list, not incorporating construction projects with little impact on the ecological environment and low risk in the scope of management, and those construction units are not required to prepare environmental assessment documents, nor are they required to go through environmental assessment approval or filing procedures.

2. Implementing the linkage between environmental assessment planning and projects

In areas where environmental impact assessment planning has been completed and relevant measures have been implemented, the procedures of environmental impact assessment for construction projects that are not incorporated in the directory of key industries shall be simplified. The specific measures are as follows:

(1) Some municipal infrastructure and standard plant construction projects are exempted from environmental assessment procedures.

(2) Environmental impact report is simplified to an environmental impact form. For construction projects that originally require preparation of environmental impact reports, environmental impact forms may be prepared, but the related examination and approval procedures for such forms shall be followed.

(3) Environmental impact form is subject to notification commitment. For a construction project that was originally required to prepare an environmental impact report form, the examination and approval shall be adjusted to notification commitment. If the materials submitted by the development unit meet the requirements and provided with a commitment, the competent department of ecological environment shall issue the approval opinions immediately. Government departments shall strengthen interim and ex-post supervision and verify the commitments made by development units.

(4) Simplify the compilation of environmental impact assessment documents and share environmental data. Environmental impact assessment documents of construction projects shall not be required to evaluate the quality status of regional environmental. Environmental impact assessment of specific construction projects may share environmental data with environmental impact assessment planning.

3. Optimize the model of public participation

We shall protect the right to know and to participate of the public, improve the efficiency of public participation. For construction projects that require environmental impact reports, the frequency of public notices shall be adjusted to 2 times during the compilation stage of environmental impact assessment documents, and the cumulative public notice span shall be no less than 10 working days. The development unit shall disclose the relevant information of the environmental impact assessment documents through the Internet (Environmental Information Disclosure Platform of Shanghai Enterprises and Institutions), newspapers, public notification and other means, solicit public opinions, without carrying out the questionnaire survey at households. For the reasonable opinions from the public related to the environmental protection of construction projects, the development unit shall adopt them, then modify and improve the environmental impact assessment documents. At the stage of environmental impact assessment document approval, the department in charge of ecological environment shall release relevant approval information through the government website. During the approval process, the information related to environmental impact assessment documents shall always be kept open.

4. Standardize the compilation of environmental impact report forms

We shall publicize standards for the compilation of environmental impact forms, optimize the contents of the forms, and the items unrelated to the ecological environment shall no longer be included in the evaluation scope. A template for environmental impact form shall be issued to improve the quality of environmental impact assessment documents.

5. Standardize the third-party service market of environmental impact assessment

The third-party service of environmental impact assessment is an important guarantee for the effective implementation of environmental impact assessment system. A multilateral third-party supervision system for environmental impact assessment with government supervision, industry self-discipline and social surveillance shall be formed to ensure the provision of efficient and high-quality third-party services. In the aspect of government supervision, we shall establish an evaluation and credit management mechanism for third-party service agencies, and intensify punishment measures against those third-party service agencies and individuals that are irresponsible or engage in fraud. In the aspect of industry self-discipline, we shall support industry associations to play a self-guiding role, regulate the order of the industry, and encourage third-party service organizations to improve service quality by enhancing training, strengthening internal management of the industry, and encouraging participation in quality system authentication. In the aspect of social supervision, multi-channel public surveillance and information disclosure shall be strengthened.

6. Strengthening interim and ex-post supervision over construction projects

Interim and ex-post supervision is the key to the effective implementation of system. All district people’s governments and relevant departments shall, in accordance with the principle of "managing industries and managing environmental protection", strengthen supervision over the construction and operation of construction projects according to their respective responsibilities, and adopt differentiated interim and ex-post supervision measures in accordance with the requirements of classified supervision at different levels. We shall enhance information sharing and strengthen joint punishment and handling by government departments. We shall strengthen law enforcement and supervision on the targets of both environmental violations and environmental management problems, using a variety of means. Competent ecological and environmental departments at all levels shall, in accordance with the requirements of interim and ex-post environmental supervision over the construction projects, improve the environmental supervision system, establish a three-level supervision system of municipality, districts and sub-districts/towns, and consolidate the territorial management functions. We shall explore ways to bring in third-party forces and work with ecological and environmental authorities at all levels to strengthen environmental supervision of enterprises. At the same time, the scope of online monitoring of pollution sources will be expanded with the help of scientific and technological means to make full use of big data and informatization to upgrade supervision level.

7. Take the initiative to improve environmental management

(1) Fully implement Access Via One Website. Development units may apply online, using the online service system, and the competent department of ecological environment shall conduct online examination and approval. The examination and approval process shall be open and transparent, and the main examination and approval nodes shall be open and accessible.

(2) Formulate industry environmental codes. Competent ecological and environmental departments shall, by formulating codes of conduct for the environmental protection industry, enable enterprises, public institutions and social organizations to timely and accurately master the relevant laws, regulations, standards and technical specifications in the field of environmental protection and clarify requirements for environmental management; help guide enterprises to implement the main responsibility.

IV. Safeguarding Measures

1. Strengthen organizational leadership

Promoting the reform of environmental impact assessment and approval system is an important measure to implement the national and municipal reform of "decentralization, regulation and service" and optimize the business environment. District people’s governments and relevant departments shall strengthen organizational leadership, make overall plans to promote the reform according to the division of responsibilities, and regularly summarize and evaluate the implementation of the reform of the environmental impact assessment system. Implementation of the reform of the environmental impact assessment system shall be incorporated in the work of environmental protection inspections, and notification, interview and accountability measures shall be taken in areas where the implementation is weak.

2. Improve supporting policies

The Municipal Bureau of Ecological Environment shall, in accordance with the overall requirements of these Implementation Opinions, formulate and promulgate corresponding supporting policies with relevant departments, clarify the approval process and operating rules, and put the reform measures in place.

3. Revise relevant rules and regulations

We shall consolidate the reform achievements and accelerate the revision of the Procedures of Shanghai Municipality on Implementing the Environmental Impact Assessment Law of the People's Republic of China.

4. Strengthen policy implementation

All district people’s governments and relevant departments shall do a good job in publicizing and training in the aspect of environmental impact assessment system reform, and provide more guidance to enterprises, public institutions, social organizations and third-party service institutions to ensure the orderly progress of the reform.

V. Implementation Date

These Opinions shall be effective as of July 1, 2019.