"Hubei Electric Power Construction and Protection Regulations" announced

Announcement of Standing Committee of Hubei Provincial People's Congress (126th)

The “Regulations on the Construction and Protection of Electric Power Facilities in Hubei Province” was adopted by the 26th meeting of the Standing Committee of the 11th People’s Congress of Hubei Province on September 29, 2011 and is hereby promulgated, with effect from December 1, 2011 Implementation.

Standing Committee of Hubei Provincial People’s Congress September 29, 2011 Chapter 1 General Provisions Article 1 In order to ensure the smooth progress of power construction and production, safeguard public and public safety and public interests, protect people’s lives and property, and promote the harmonious development of the economy and society, According to the "Law of the People's Republic of China on Electric Power", "Regulations on the Protection of Electric Power Facilities" and other relevant laws and regulations, this Regulation is formulated in light of the actual situation in the province.

Article 2 These Regulations apply to the construction and protection of power facilities within the administrative area of ​​this Province.

The power facilities referred to in these Regulations include auxiliary facilities such as power generation facilities, power transformation facilities, power line facilities, and power dispatch facilities, power communication facilities, and electricity market trading facilities.

Article 3 The construction and protection of electric power facilities shall follow the principles of safety, science, efficiency and environmental protection.

Article 4 The people's governments at various levels shall strengthen their leadership over the construction and protection of power facilities within their own administrative areas, coordinate and solve major problems in the construction and protection of power facilities in a timely manner, and include the construction and protection of power facilities into their tenure goals and comprehensive social security. Governance scope.

The leading institutions for the construction and protection of electric power facilities established by the people’s governments at or above the county level shall be responsible for the organization and coordination of the construction and protection of electric power facilities within their own administrative areas.

The sub-district offices, community and village (residential) committees assist local people's governments and their relevant departments to do a good job in the construction and protection of electric power facilities.

Article 5 The power administrative department of the people's government at or above the county level shall be responsible for the supervision and administration of the construction and protection of power facilities within its own administrative area in accordance with the duties and responsibilities determined by the people's government at the corresponding level; other relevant departments shall do a good job in the construction and protection of power facilities in accordance with their respective duties. Related work.

Article 6 The people's governments at various levels and relevant departments, sub-district offices, community, village (neighbor) people's committees, power facilities owners, managers, and the news media shall strengthen the publicity of the construction and protection of electric power facilities, laws and regulations, and relevant common sense. Raise public awareness of conscious protection.

Encourage innovative management methods in the construction and protection of power facilities, adopt new technologies, promote advanced and applicable scientific research results, and improve the quality and efficiency of power facilities operations.

Article 7 The owner and manager of an electric power facility shall perform the obligations for the construction and protection of electric power facilities in accordance with the law, and shall accept the supervision of relevant government departments and the society.

Article 8 Power facilities are protected by law. Any unit or individual is forbidden to endanger the safety of power facilities. Any unit or individual has the right to stop and report on activities that endanger electric facilities.

Units and individuals that have made outstanding achievements in the protection of electric power facilities shall be commended and rewarded.

Chapter II Planning of Electric Power Facilities Article 9 The electric power development plan shall be based on the economic and social development strategy of the administrative region, combined with the needs of industrialization, urbanization, agricultural modernization, and new rural construction, follow the requirements of scientific development, and follow the overall planning and reasonable layout. , moderate advance, ensure safety, save resources, protect the environment and public participation in the formulation and implementation of the principle.

The provincial people's government and its relevant departments shall formulate, approve, and implement plans for the development of electric power according to the ecological conditions, geographical environment, and economic and social development needs of the rural impoverished areas, old revolutionary base areas, ethnic minority areas, remote mountain areas, and reservoir areas. Support it.

Article 10 The people's government at or above the county level shall incorporate the development plan for electric power into the plan for national economic and social development; the electric power development plan shall be organized by the development and reform department of the people's government at the corresponding level.

Article 11 The competent department of urban and rural planning under the people's government at or above the county level shall, in conjunction with the development and reform department and the power administrative department, organize the preparation of power facilities layout according to the overall urban planning and power development plan, and incorporate it into urban and rural planning, based on the urban and rural planning. The approval procedure is reported to the statutory authority for approval.

The preparation of layout plans for electric power facilities shall listen to opinions from all sectors of society; the layout plans for electric power facilities that have been approved according to law shall be announced in a timely manner and may not be changed without legal procedures.

Article 12 The overall planning of land use and the planning of urban and rural areas and the layout of power facilities shall be linked to each other, and the land for power generation and transformation facilities shall be planned as a whole, and the power line corridors and cable channels shall be erected.

To compile new urban areas, transformation of old urban areas, and planning of industrial parks, the layout of power facilities shall be incorporated into their detailed control plans to ensure the land for the construction of power facilities.

The newly-built residential quarters should reserve land, houses and passages for public supporting power facilities.

The layout plan of power facilities should be linked to the planning of scenic spots and the protection of historic and cultural cities, famous towns, and famous villages.

Article 13 After the planning for the layout of power facilities is announced, no unit or individual may arbitrarily carry out the construction of the planning of impeding the implementation of the layout of power facilities within the planning area of ​​power facilities.

Article 14 The planning and construction of roads, railways, urban roads, urban underground pipe networks, tunnels, public roads, bridges and other facilities shall take into account the layout of power facilities and relevant design specifications, and reserve corresponding power channels.

Chapter III Construction of Electric Power Facilities Article 15 The construction of electric power facilities shall be carried out in accordance with the electric power development plan and the layout plan of electric power facilities.

The electric power construction unit shall, in accordance with the law, carry out electric power facilities construction within the power generation and power transformation facility land determined by the layout plan of the electric power facilities, the corridors of overhead power lines, and cable channels.

Article 16 The construction of electric power facilities shall comply with the provisions of environmental protection laws and regulations, and electric power facilities construction projects shall be subject to environmental impact assessment according to law. The results of the environmental impact assessment of the power facilities construction project by the competent department of environmental protection shall be announced.

Article 17 If the land of the power plant, substation, switchgear station, and converter station is in accordance with the national allocated land list, the use right of the construction land shall be obtained through allocation.

The construction of overhead power line corridors (including poles and tower foundations) and underground cable channels shall be exempted from land acquisition. The electric power facility construction unit shall provide one-time economic compensation for land use right holders of construction land for poles and towers or land contractual operation right holders.

If the new overhead power line needs to be cut down, the electric power construction unit shall go through the formalities for felling according to law, and give the forest owner or operator a one-time economic compensation according to the scope of felling, and sign an agreement with the plant that does not endanger the safety of power facilities in the passageway. .

The specific compensation standards shall be formulated by the provincial price administrative department in conjunction with the provincial power administrative department and reported to the provincial government for approval.

Article 18 The competent department of urban and rural planning shall announce in a timely manner after granting a construction project planning permission to a power facilities construction project based on the layout plan of electric power facilities.

The electric power construction unit shall carry out project construction in accordance with the construction project plan.

No unit or individual may engage in activities that impede or endanger the construction of power facilities within the scope of obtaining planning permission for construction projects.

Article 19 The construction of electric power facilities shall comply with the state's industry standards and technical specifications concerning the safety of electric facilities, and shall take corresponding safety precautions.

Newly-built overhead power lines must not cross over warehouses where flammable or explosive materials are stored; if there is a need for leapfrogging, flammable and explosive materials should be removed, and electric power facilities construction units should provide appropriate economic compensation. Where an overhead power line of 220 kV or less crosses a house, it shall ensure that it spans a safe distance.

For residential buildings with over 500 kV of overhead power lines that need to be crossed and other houses that should be demolished in accordance with safety requirements in their corridors, the power facilities construction entity shall implement demolition and compensation according to law.

Article 20 If a power cable passes through bridges, public bypasses, underground passages, urban roads, and urban pipe networks, and the overhead power line spans railways, highways, navigation channels, and water conservancy facilities, the electric power facility construction entity shall go through the relevant formalities in accordance with the law. The competent department shall handle it within the statutory time limit. As the relevant facilities are damaged due to the construction of power facilities, the power facilities construction entity shall compensate according to law.

Article 21 The cable channels necessary for the construction of power facilities in central urban areas shall be coordinated by the municipal construction management department.

Article 22 No unit or individual may engage in any of the following acts that obstruct or endanger the construction of electric power facilities: (1) Unlawfully encroaching on the land requisitioned according to law for construction projects of electric power facilities; (2) Measured for altering, moving, damaging, and removing electric power facilities. Stake and mark; (3) Destroy and block construction roads and cut off construction water sources or power sources; (4) Forcibly contract electric power construction projects; (5) Other acts that obstruct or endanger the construction of electric power facilities.

Chapter IV Protection of Electric Power Facilities Article 23 The electric power facility owner and manager shall effectively fulfill their social responsibilities and obligations, strengthen the publicity for the protection of electric power facilities, establish and improve the safety management and accountability system, and implement various civil air defense and physical defense measures. And technical preventive measures, establish and maintain safety warning signs for power facilities, conduct inspections, maintenance, and overhaul of power facilities in accordance with national regulations and technical standards, and take timely measures to eliminate hidden dangers.

Article 24 The scope of protection of power facilities and the protection areas shall be determined in accordance with the relevant regulations of the State.

The 800 kV and 1000 kV power line protection zone is an area where the wire edge extends horizontally to the outside by 30 meters and is perpendicular to the two parallel planes formed by the ground.

Power plants, substations, converter stations, switching stations and other plant (station) protection areas are the areas formed by the extension of 3 meters outside the walls of the plants and stations.

The wind farm protection zone is an area extending 50 meters outward from the wind power equipment area.

Article 25 The power administrative department of the people's government at or above the county level shall, in accordance with the relevant regulations of the State, establish signs for the protection scope of power facilities and the protection areas of power facilities.

No unit or individual may damage, move or destroy the protection signs of power facilities.

Article 26 No unit or individual may engage in any of the following acts that endanger power line facilities:

(1) Directly or operating other objects to touch power line facilities;

(2) Placing advertising slogans, billboards and other cables and markers without authorization on the towers;

(3) Flying kites within 300 meters of the power line facilities or lifting unmanned free balloons and captive balloons;

(4) Unauthorized climbing of transformer pedestals, towers and cables;

(5) Damaged or unauthorized movement of electrical equipment and communication facilities on the power lines;

(6) arbitrarily occupying cable passages (pipes) and other pipelines and laying all kinds of cables;

(7) Other harmful activities.

Article 27 No unit or individual may engage in the following harmful acts in the protection areas of overhead power lines:

(i) Planting tall pole plants that may jeopardize the safety of power facilities and power supply;

(b) fishing activities;

(3) The operations or activities that affect the safe operation of power facilities, such as stacking, landfilling, and bedding;

(d) Fire fireworks;

(5) new construction, reconstruction or expansion of buildings or structures;

(6) Other hazards.

Article 28: No unit or individual may engage in the following hazards in power cable protection areas:

(i) Incineration of items such as grain, forage, wood, oil, garbage, etc.;

(2) Taking soil, excavating, quarrying, piling, drilling or dumping corrosive chemicals, etc.; (3) stacking flammable and explosive materials; (4) building, reconstructing or expanding buildings or structures; (5) Other hazards.

Article 29 Any unit or individual shall not engage in the following activities in power plants, substations, converter stations, switching stations and other plant and station protection areas: (1) dumping of debris and dumping of garbage; (2) construction of buildings (4) Excavation of pits and canals; (4) Stacking of flammable and explosive materials; (5) Incineration of items such as grain, forage, timber, oil, garbage, etc.; (6) Other hazards.

Article 30 No unit or individual may engage in the following activities in the transmission pipeline protection areas and special roads for water, oil, gas, ash, slag, and coal used in power plants and substations. (1) Damage or blockage of roads and pipelines (2) Unauthorized access to earth, dredging, quarrying, piling, drilling and other operations; (3) Construction of buildings and structures; (4) Dumping of garbage, slag, and other wastes; (5) Rehabilitation of heaps (rows) Combustion, explosives and other corrosive dangerous goods and chemicals; (6) Other hazards.

Article 31 The following provisions shall be complied with when conducting operations that may jeopardize the basic safety of poles, towers, and cables for overhead power lines outside the protected areas of electric power facilities: (1) The stability of the foundations of towers and cables shall not be affected, which may lead to unstable foundations. The relevant units and individuals shall build reinforced slopes that meet the technical standards or safety requirements; (2) No damage to the grounding device of the power facility or change of its buried depth.

Article 32 Any unit or individual shall be approved by the power administrative department of the people's government at or above the county level and take safety precautions before carrying out the following operations: (1) Blasting operations in an area around 500 meters around the power facilities (2) Perform other operations around the power facilities that may endanger the safety of power facilities.

The cost of taking security measures is borne by the operator.

Article 33 The owner and administrator of an electric power facility shall have the right to stop the acts that endanger the electric power facilities, require restoration of the original condition, eliminate obstructions and compensate for losses, and the parties shall cooperate.

When the harmful behavior seriously affects the safety of the power grid, the power administrative department shall order the parties to make corrections within a time limit; if the time limit is not corrected, the power supply company may stop accepting the application for the power-selling application of the parties, or terminate the power supply to the parties according to a state-defined procedure until the harmful acts are eliminated.

Chapter V Handling of the Interrelationship between Electric Power Facilities and Other Facilities Article 34 When electric power installations and other public facilities and civilian installations interfere with each other in the course of construction, reconstruction and maintenance, they shall be properly coordinated and give consideration to the interests of all parties. Deal with it according to law.

Article 35 Newly built, reconstructed or expanded power facilities shall maintain a safety distance that complies with the provisions of other facilities already built around them. If it is really necessary to relocate other facilities or take necessary protective measures, the owner and the manager of the electric power facility shall consult with the owner of the other facilities, and only after reaching an agreement on issues such as relocation, protective measures and compensation can the construction be carried out. Everyone, manager bears.

If facilities such as railways, highways, water conservancy, telecommunications, shipping, urban roads, bridges, bypasses, pipelines, etc., are to be used in the construction of electric facilities (including reconstruction or expansion), the safety of electric facilities shall not be jeopardized. Where it is really necessary to relocate the power facilities or take necessary protective measures, the construction unit shall reach an agreement in advance with the owner and the administrator of the power facilities, and the necessary expenses shall be borne by the construction unit.

Article 36 If an overhead power line crosses a house safely, the house that is straddled may not be increased in height. The object height beyond the house or the length of the object extended from the house should meet the safety distance requirement.

Article 37 When electric facilities and crops or trees interfere with each other, they shall be dealt with in accordance with the following provisions:

(1) In the process of building, reconstructing or expanding electric power facilities that damage crops or trees, the electric power facilities construction entity shall reach an agreement with its owner or manager and provide one-time compensation in accordance with relevant state and provincial regulations.

(2) Where newly planted or naturally grown trees in the protected areas of existing power facilities may endanger the safety of power facilities, the power plant owner and manager shall promptly trim or cut trees in accordance with law, and shall not be compensated.

Article 38 The management units of urban afforestation trees and roadway trees in the protection areas of electric power facilities shall periodically prune trees that may endanger the safety of electric facilities, and ensure the distance between the natural growth height of trees and power facilities such as overhead power lines. If it fails to timely pruning, resulting in damage to the power lines or loss of other persons or property, it shall bear corresponding responsibilities.

Where the owner or manager of an electric power facility discovers that the forest tree may endanger the safety of the electric facilities, it shall promptly notify the relevant management unit of pruning. The relevant management unit shall trim it within 3 days from the date of receipt of the notification; if not pruned, the owner and manager of the electric power facility shall carry out pruning, and shall not compensate for the related costs of pruning trees.

Article 39 In case of any of the following circumstances, the owner or manager of an electric power facility may first take pruning, felling or other treatment measures on forest trees, and shall promptly notify the forest owner or manager afterwards and re-submit the relevant procedures in accordance with relevant regulations. : (1) Forest trees have seriously jeopardized the safety of electrical facilities or personal safety and need to take emergency measures to deal with them; (2) It is necessary to restore power supply as soon as possible due to the interruption of power supply caused by forest trees; Corresponding emergency measures.

Chapter VI Emergency Response to Emergencies of Electric Power Facilities Article 40 The people's governments at various levels shall be responsible for the emergency work of emergency facilities for electric power facilities within their own administrative areas, and shall establish emergency rescue material storage systems for emergency rescue organizations and emergency facilities for electric power facilities to protect electric power. The emergency handling of facilities emergencies was carried out in an orderly manner.

The power administrative department of the people's government at or above the county level shall formulate and improve emergency plans for emergencies in power facilities and report them to the people's government at the same level for approval.

Article 41 An electric power enterprise shall formulate an emergency plan for emergencies of its electric facilities, report it to the competent power administrative department for the record, and, in accordance with the requirements of the emergency plan, ensure the reserve and integrity of emergency facilities, equipment and materials, and regularly carry out emergency drills.

Article 42. After a major and particularly significant electric power facility emergency occurs, the local people's government shall immediately report it to the higher people's government, and, in accordance with the provisions, initiate an emergency plan for the emergency of electric power facilities and take timely measures to carry out the disposal.

Article 43 After an electric power facility emergency occurs, the power plant owner and the manager shall immediately start the unit's emergency plan for the electric power facility emergency, and take the following measures: (1) eliminate the dangerous source and control the expansion of the accident; Ensure personal safety of the masses; (2) Repair and remove obstacles to damaged electrical facilities; (3) Other emergency measures.

Article 44 In the course of the disposal of emergencies in power facilities, if a unit or individual’s vehicles, houses, facilities, and equipment are legally acquired, they shall be promptly returned and the compensation fees paid after use; if the damage or loss is caused, the Related regulations provide compensation.

Chapter VII Supervision and Inspection Article 45 People's governments at or above the county level and their power administrative authorities shall strengthen the supervision and management of the construction and protection of power facilities, strengthen the building of law enforcement teams, regulate law enforcement activities, and coordinate the process of power law enforcement. Relationships.

Power administrative authorities may entrust organizations that meet statutory conditions to carry out electric power facilities construction and protection supervision and management activities according to law.

Article 46 When the power administrative law enforcers perform their duties according to law, they may exercise the following powers: (1) to check the safety of power facilities and the power consumption of users; (2) to inspect and copy necessary information and inquire about relevant personnel; (3) according to law Collect relevant evidence; (4) Other powers prescribed by laws and regulations.

Article 47: Administrative law enforcers of electric power shall be loyal to their duties and civilized in law enforcement, and shall not reveal the trade secrets of the inspected units that they have obtained during the inspection. The illegal activities discovered shall be immediately stopped and investigated and dealt with according to law.

Article 48: The owner, manager, and user of an electric power facility shall accept supervision and inspections conducted in accordance with the law, provide truthful information or reflect the relevant circumstances.

Article 49: The competent power administrative department and other relevant departments shall establish a sound reporting system, openly report telephones, mailing addresses, or e-mail boxes; the received reports shall be promptly investigated and handled according to law.

Chapter VIII Legal Responsibilities Article 50 If any laws, administrative regulations have been punished in violation of the provisions of these Regulations, the provisions have been stipulated; if they constitute a crime, criminal responsibility shall be pursued in accordance with the law; if any damages are caused, they shall bear civil liability according to law.

Article 51 In violation of the provisions of Article 22 of these Regulations, the power administrative department of the people's government at or above the county level shall order it to make corrections, request restitution and compensate for the losses; and if it constitutes a violation of public security administration, the public security organ shall punish it according to law.

Article 52 Whoever violates the provisions of Article 26 of these Regulations and endangers the power line facilities shall be ordered by the competent power administrative department of the people's government at or above the county level to make correction within a time limit; if the time limit is not corrected, the unit shall be 5,000 yuan or more and 20,000 yuan or less. Fines, fines of more than 200 yuan but less than 2,000 yuan for individuals.

Article 53 In violation of the provisions of Article 27, Article 28, Article 29, and Article 30 of these Regulations, the power administrative department of the people's government at or above the county level shall order the stop of the illegal act and restore the original state. Refusing to stop illegal activities, the unit shall be fined between 5,000 yuan and 20,000 yuan and fined between 200 yuan and 2,000 yuan for individuals; if illegal buildings or structures need to be dismantled, the local people's government shall order compulsory removal according to law.

Article 54 In violation of the provisions of Article 32 of these Regulations, without approval or safety measures, blasting or other operations around electric facilities shall endanger the safety of electric facilities, and the power administrative department of the people's government at or above the county level shall be responsible. Orders to stop operations, restitution and compensation for losses.

Article 55 Where the power administrative department in charge and other relevant administrative departments and their staff members neglect their duties, abuse their powers, engage in irregularities, engage in malpractices, or otherwise misconduct or misconduct during the course of exercising power facilities and protecting their powers, they shall be given administrative sanctions according to law. ;Constitute a crime, be held criminally responsible.

Article 56 The owner and administrator of an electric power facility who violates the provisions of these Regulations shall neglect the management, dereliction of duties in the course of construction and protection of electric power facilities, cause damage to the electric power facilities, lead to electric power operation accidents, and cause damage to others, shall be investigated. Responsibility and liability in accordance with law.

Chapter IX Supplementary Provisions Article 57 The planning, construction and protection of nuclear power facilities shall be implemented in accordance with the relevant regulations of the State.

Article 58 This Regulation shall come into force on December 1, 2011.

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