CBCGDF Submitted 3 Suggestions on Energy Law (Draft for Second Comments) | Policy Advisory

 

On September 13, 2024, the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPC) published the Energy Law of the People's Republic of China (Draft for Second Comments) on its official website for public consultation. China Biodiversity Conservation and Green Development Foundation (CBCGDF) responded positively to the call and submitted 3 proposals. The specific suggestions are as follows:

General Suggestion 1: There is no mention of “biodiversity” in the whole text, and it is suggested to add in the appropriate position: to promote the energy industry to realize the synergy between combating climate change and protecting biodiversity.

Reason: Energy development activities (e.g., oil and gas extraction, hydropower, wind power, etc.) often have a direct impact on the ecosystem. For example, extraction activities may lead to habitat destruction, water pollution and soil degradation, which in turn threaten biodiversity.

a) At the policy level, this is a concrete measure to implement General Secretary Xi Jinping's idea of ecological civilization, which is to “promote green development through biodiversity conservation”.

b) On January 11, 2021, the Ministry of Ecology and Environment issued the “Guiding Opinions on Integrating and Strengthening the Work Related to Responding to Climate Change and Ecological and Environmental Protection” (Circle Synthesis [2021] No. 4), which is also a manifestation of this trend.

c) The energy sector may have impacts on the ecological environment in the course of development and utilization, such as habitat destruction and species extinction. By incorporating biodiversity protection into the framework of the energy law, the synergistic development of energy development and ecological protection can be promoted, and sustainable economic, social and environmental development can be realized.

d) The construction and operation of wind farms may cause disturbance to the migration paths of birds and bats, and even lead to collisions and deaths.

e) The impact of hydropower on migratory fish cannot be ignored. The construction of hydropower plants often alters the natural state of water flow, affecting the reproduction and survival of migratory fish.

f) The impact of offshore wind power on species such as cetaceans cannot be ignored. The construction of offshore wind farms may have a negative impact on the habitat and migration of marine mammals such as cetaceans and dolphins, especially as noise and underwater structures may interfere with their communication and foraging.

g) Internationally, the “biodiversity footprint” of energy sources is increasingly becoming a criterion for evaluating whether an energy source is green or not. Green energy is not only about reducing greenhouse gas emissions, but also about protecting ecosystems during production and consumption. Therefore, assessing the biodiversity footprint of energy sources has become a key indicator for judging their greenness.

Recommendation 2: Definition of energy [Article 2]:

(a) It is recommended that a clear distinction be made between “renewable energy” and “non-renewable energy”. It is recommended that a clear distinction be made in the definition between non-renewable energy sources (e.g., coal, oil, natural gas) and renewable energy sources (e.g., wind, solar, ocean energy, etc.), so as to facilitate the differentiated formulation and management of policy measures in the future.

b) Regarding the secondary energy attributes of electricity and heat: It is proposed to categorize electricity and heat as secondary energy sources and to emphasize their conversion from primary energy sources (e.g., wind energy, nuclear energy, natural gas, etc.) through a clear formulation. Such an amendment would help to differentiate between sources and uses of energy and improve the scientific rigor of the legal provisions.

c) It is proposed to introduce the concept of “carbon-negative energy”, as the global energy transition is moving towards “carbon-negative energy” in order to address climate change and achieve the goal of carbon neutrality.

d) It is proposed to introduce supplementary energy storage and smart energy systems.

e) It is recommended that the definition of “energy” be made more dynamic and adaptable. This will prevent the provisions from becoming too rigid and enable the law to adapt to future energy development trends.

Recommendation 3: Include the prevention and control of light pollution in the Energy Law of the People's Republic of China. It is clearly required to avoid the impact of light pollution on residential areas, to protect people's health, and to promote green and sustainable urban development.

Rationale: Light pollution, especially in energy infrastructure and urban lighting, causes environmental and ecosystem disturbances. Many organisms (e.g. nocturnal animals, migratory birds, insects) rely on natural circadian rhythms (alternating light-dark cycles of day and night) for feeding, reproduction and migration. Artificial light from energy infrastructure (e.g., large-scale lighting facilities, wind and solar projects) can disrupt these natural behaviors, leading to a reduction in biodiversity. Migratory birds, in particular, are easily attracted to bright light, altering their flight paths and increasing the risk of collision. Excessive light from nighttime illumination of energy projects (e.g., large power plants, industrial facilities) can affect the visibility of the night sky, hindering astronomical research and observation. Light pollution not only affects the natural environment, but also has a negative impact on human health.

(The article is a record of daily work and is for reference only.)

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Edited by: Samantha  

Contact: v10@cbcgdf.org; +8617319454776

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