Several Provisions of Shanghai Municipality on Perfecting the Ecological and Environmental Protection System of Pudong New Area

(June 20,2023)

No.4

(Adopted at the 3rd Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on June 20, 2023)

Article 1

With a view to creating a beautiful Pudong with a harmonious coexistence between man and nature, and further perfecting the ecological and environmental protection system of source prevention, process control, damage compensation and liability investigation, these Provisions are formulated according to the basic principles of relevant laws and administrative rules, and in the light of the actual circumstances of Pudong New Area.

Article 2

Pudong New Area shall establish and perfect the leading mechanism for the building of ecological civilization, and implement the system of responsibilities of both the Party and the government and “one post, two responsibilities” for the ecological and environmental protection.

Pudong New Area People’s Government shall establish a target assessment system for the building of ecological civilization oriented by green development, establish a district-level supervision and accountability mechanism for ecological and environmental protection, supervise the duty performance and target fulfillment of environmental protection by the relevant administrative departments of the people’s government at the same level, and by the sub-district offices and town/township people’s governments, and investigate the responsibility of relevant units and the persons who are responsible according to law.

The departments of ecological environment, development and reform, technology and economy, construction and transportation, planning and resources, agriculture and rural affairs, urban management and law enforcement, and finance, and other departments as well as the administrations (administrative committees), sub-district offices, and town people’s governments of Pudong New Area shall perform their respective functions and duties according to the provisions, perfect policies and measures, deepen institutional innovation, and do well the relevant work on ecological and environmental protection.

Article 3

Pudong New Area shall integrate the carbon peaking and carbon neutrality into the overall economic and social development, establish and perfect an incentive and constraint mechanism for reducing pollutants and greenhouse gas emissions, and promote a comprehensive green transition of economic and social development.

The ecological environment department of Pudong New Area shall promote the coordinated compilation of emission inventories of atmospheric pollutants source emission and greenhouse gas emission, and promote the coordinated control of greenhouse gas and pollutants emissions. In preparing the environmental impact reports/tables for construction projects and the environmental impact reports for industrial park planning, the carbon emissions shall be included in the scope of environmental impact assessment according to the relevant provisions of the State and this Municipality.

Article 4

In a region of Pudong New Area, where the relevant regional planning on environmental impact assessment has been completed, and the assessment conclusions and the examination opinions of the planning on environmental impact assessment have been effectively implemented, the planning on environmental impact assessment and the construction project environmental impact assessment can be jointly implemented. The construction projects within the region that meet the conditions may implement such measures as simplifying the procedures for environmental impact assessment.

The ecological environment department of Pudong New Area may, according to the application of an administrative counterpart, simultaneously handle the examination and approval of environmental impact assessment and pollutants discharge permits within its administrative area.

Article 5

Pudong New Area shall arrange an overall governance of rural ecological environment, the construction of rural infrastructure and the green development of agriculture.

Pudong New Area shall explore the implementation of standardized management of farmland drainage, and prevent and treat the agricultural source pollution. The agriculture and rural affairs department of Pudong New Area shall optimize the spatial layout of livestock, poultry and aquaculture, strengthen the pollution prevention and treatment of livestock, poultry and aquaculture, and supervise, administrate and guide the use of chemical fertilizers and pesticides.

Article 6

The ecological environment department of Pudong New Area shall, jointly with relevant departments, establish a control mechanism for new pollutants such as persistent organic pollutants, endocrine disruptors, and antibiotics, take environmental risk control measures such as prohibition, restriction, emission restriction, and examination and verification of mandatory cleaner production according to the state and municipal provisions, and strengthen the control and treatment of new pollutants in such links as production, processing, use and disposal.

Article 7

The ecological environment department of Pudong New Area shall strengthen the supervision and administration of enterprises’ disclosure of environmental information. In addition to the enterprises that shall disclose environmental information according to the sate provisions, Pudong New Area’s key units subject to the environmental risk control, and its key units emitting greenhouse gas that belong to the industries covered by the national carbon emission rights trading market shall also disclose relevant environmental information.

The list of Pudong New Area’s key units subject to environmental risk control, and of its key units emitting greenhouse gas that belong to the industries covered by the national carbon emission rights trading market shall be determined and publicized by the ecological environment department of Pudong New Area according to the provisions, and the regulatory requirements and legal responsibilities thereof shall be implemented according to the provisions on the administration of enterprise environmental information disclosure according to law.

Article 8

The units or individuals that cause damage to the ecological environment in violation of the state provisions shall bear the liability for ecological and environmental damage restoration and compensation according to law.

Pudong New Area People’s Government is the right holder of compensation for ecological and environmental damage within its administrative area. Sub-district offices and town people’s governments shall be responsible for the specific work of ecological and environmental damage compensation in the areas under their respective jurisdictions; the competent departments of relevant industries in Pudong New Area shall be responsible for the specific work of cross-regional and serious ecological and environmental damage compensation. The competent departments of relevant industries in Pudong New Area shall strengthen the guidance for sub-district offices and town people’s governments on their work.

The environmental protection public welfare organizations registered according to law may be invited in the capacity of third party consultants or restoration supervisors to participate in the work on the compensation for ecological and environmental damage.

Article 9

For cases where the facts of ecological and environmental damage are simple, the identification of liability is not disputed, and the damage is smaller, the electronic assessment of ecological and environmental damage identification shall be explored in Pudong New Area.

Hearings may be organized at the stage of consultation on compensation for ecological and environmental damage. Where an agreement on compensation for ecological and environmental damage is reached through consultation, judicial confirmation may be applied for to the people’s court with jurisdiction according to law. The performance situation of the compensation agreement shall be a discretionary factor in the administrative punishment on ecological environment.

Article 10

The person responsible shall compensate for the relevant losses and bear the relevant expenses within the scope of ecological and environmental damage compensation according to law.

If an ecological and environmental damage can be repaired, the person responsible shall repair it to the baseline level before the damage or the level of acceptable ecological and environmental risk. If an ecological and environmental damage cannot be repaired, under the premise of complying with the relevant rules, policies and planning for ecological and environmental restoration, an alternative restoration can be carried out, or the obligation can be fulfilled by means of enhancing ecological benefits such as carbon sink subscription, so as to achieve an equivalent restoration of the ecological environment and its service functions.

Pudong New Area shall explore the establishment of an ecological and environmental public welfare fund system to ensure the implementation of ecological and environmental restoration and other public welfare matters.

Article 11

Where anyone intentionally pollutes the environment or destroys the ecology in violation of state provisions, resulting in serious consequences, the violator shall bear the liability for punitive damage compensation according to law. The amount of punitive damage compensation shall generally be not more than three times the loss caused by the loss of service functions during the period from the ecological and environmental damage to the completion of the restoration, or the loss caused by the permanent damage to the ecological and environmental function.

Article 12

Pudong New Area People’s Government and relevant procuratorial organs shall establish and perfect the coordination mechanism between ecological and environmental damage compensation and public interest litigation. The departments of ecological environment, urban management and law enforcement, planning and resources, construction and transportation, and agriculture and rural affairs and the relevant procuratorial organs of Pudong New Area shall strengthen the communication and coordination, and carry out the cooperation in ecological and environmental information sharing, clue transfer, professional consultation, and prosecution support.

Article 13

When the urban management and law enforcement department of Pudong New Area carries out on-site inspection of ecological and environmental matters, it may demand the on-site samples according to relevant technical norms, and the monitoring data may be used as evidence for administrative law enforcement. The ecological environment department of Pudong New Area may entrust an environment monitoring institution with a corresponding qualification to carry out the monitoring and issue the monitoring data according to the provisions of the State and this Municipality. The monitoring data can be used as evidence for ecological and environmental supervision and administration and law enforcement only after it has been examined and verified.

The ecological environment, agriculture and rural affairs, and urban management and law enforcement departments of Pudong New Area may adopt automatic monitoring, remote sensing monitoring, energy consumption monitoring, radar monitoring, video monitoring and other technical means to carry out ecological and environmental supervision and inspection.

Article 14

Where environmental impact assessment institutions, environmental monitoring institutions, and third-party institutions engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention and treatment facilities fail to provide relevant environmental service activities according to the requirements of laws, rules, regulations and relevant technical norms, or practice falsification in relevant environmental service activities, unless otherwise provided for by laws or administrative rules, the urban management and law enforcement department of Pudong New Area shall order them to suspend the business for rectification, impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan thereon, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan on their chief persons-in-charge. Those who are responsible for the environmental pollution and ecological damage caused thereby shall, in addition to being punished according to law, be jointly and severally liable with other persons responsible for the environmental pollution and ecological damage.

Where a development unit or construction unit carries out construction operations that produce noise at night in areas where noise-sensitive buildings are concentrated without obtaining a certificate according to the provisions and therefore is fined and ordered to make corrections, but refuses to make the corrections, the urban management and law enforcement department of Pudong New Area may, starting from the next day of the date on which the corrections are ordered, impose a consecutive daily penalty according to the original amount of penalty.

Article 15

These Provisions shall be effective as of August 15, 2023.