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Review

Research on Legal Promotion Mechanism of Biomass Energy Development under “Carbon Peaking and Carbon Neutrality” Targets in China

by
Dongdong Song
1,* and
Jing Rui
2
1
Law Department, Public Administration School, China University of Geosciences, Wuhan 450074, China
2
Key Laboratory of Rule of Law Research, Ministry of Natural Resources, Wuhan 430074, China
*
Author to whom correspondence should be addressed.
Energies 2023, 16(11), 4361; https://doi.org/10.3390/en16114361
Submission received: 16 November 2022 / Revised: 26 December 2022 / Accepted: 28 December 2022 / Published: 27 May 2023
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Abstract

:
In order to achieve the goal of carbon peaking and carbon neutralization, we must vigorously develop renewable energy. As one of the important renewable energy sources, the development and utilization of biomass energy has a high cost, and it is difficult to compete with traditional fossil energy in the early stage of development. Therefore, it is necessary for the government to escort the development of the biomass energy industry through legal means. First of all, on the basis of fully analyzing the development prospects of China’s biomass energy, the article sorts out the laws and regulations related to biomass energy in China, and finds the shortcomings. Secondly, this paper draws on the institutional experience of the United States, Brazil, Sweden and other countries with relatively developed biomass energy industry, and provides suggestions for improvement from three aspects: law, policy and administrative system, with a view to supporting China’s development of biomass energy industry and realizing the “dual carbon target” theoretically.

1. Introduction

1.1. Background

In the world, China is a large energy producer and energy consumer. As the largest developing country in the world, China has fully realized the importance of energy issues. The cornerstone of social progress is energy, the driving force of national development is energy, and the foundation of national survival is energy [1]. According to whether the nature can be supplemented in the short term, energy can be divided into renewable energy and nonrenewable energy. Biomass energy is a typical renewable energy [2].
Biomass energy has the characteristics of zero carbon emission, low pollution, wide distribution and rich total amount. Compared with other renewable energy, biomass energy has its unique advantages: first, in the process of development and utilization of biomass energy, the problems of power supply and heating can be solved at the same time, which is difficult for wind power and photovoltaic industry to do spontaneously. Second, wind power generation and photovoltaic power generation are facing stability challenges, and biomass power generation can effectively solve this problem [3].
With the proposal of China’s “Dual Carbon Target”, the development of biomass energy has ushered in new opportunities. Fully popularizing biomass energy technology and giving full play to its advantages of zero carbon emissions can effectively alleviate the energy crisis and help China achieve the “dual carbon goals” as scheduled [4].
However, weak independent R&D capability, low localization of core technology and equipment, unstable supply side, and low market competitiveness are all major problems facing China’s biomass energy industry. In the final analysis, the existence of the above problems is the imperfection of China’s biomass energy system, and the development of biomass energy cannot be separated from the protection of the legal system. So far, China has not issued a law on biomass energy. The gap in legislation is one of the important reasons for the slow development of biomass energy in China. From the perspective of international experience, it is the common practice of all countries in the world to use legal means to regulate various activities of biomass energy development and utilization, constantly strengthen biomass energy legislation, and build a biomass energy legal system. Therefore, establishing and improving China’s biomass energy legal system has become the primary task at present.

1.2. Literature Reviews

This paper adopts the methods of literature analysis, comparative research, data analysis and the method of combining theory with practice. Through extensive reading, collation and analysis of monographs and papers in the field of biomass energy policy and law, the following contents have been formed. Most of the existing literatures focus on the theoretical analysis of biomass energy laws and policies at the macro level, and a few of them use empirical research to go deep into the grass roots to analyze the development of local biomass energy and the implementation of laws and policies related to biomass energy.
In terms of theoretical analysis, Zhang (2015) compared the development of the biomass energy industry in China and the United States, and pointed out that China and the United States have many similarities in the development of biomass energy, such as sufficient biomass raw materials, large energy demand gap, national. The degree of emphasis is high, and on the basis of fully analyzing the characteristics of the legal norms in the field of biomass energy in China and the United States, the legal path for the development of China’s biomass energy industry is given from the three aspects of legal system, management system, and economic incentives. Corresponding recommendations were made [5]. Zhang (2013) pointed out that China’s biomass energy industry has broad prospects for development due to its abundant raw materials, wide distribution, and low pollution in its development and utilization. A key factor in the development of the biomass energy industry. On the basis of comparing and learning from the advanced policies and laws and regulations related to biomass energy in the United States, Japan, and the European Union, and combining China’s national conditions and social development status, she proposed to improve China’s biomass energy industry. Policy recommendations and legal framework for material energy development [6]. Li (2021) analyzed the development status of biomass utilization in China from the aspects of biomass power generation, biomass heating, and biomass fuel, and related the development of China’s biomass energy industry with China’s realization of the “double carbon target” [7]. Zhong et al. (2022) started with biomass diesel and biomass biogas, collected and sorted out the policy texts on biomass diesel and biomass biogas at the central level, and made an in-depth comparison of the policy objectives and policies of different biomass energy in the process of change. On the basis of the differences in tools and policy subject networks, it is concluded that China’s biomass energy policy changes present a diversified state [8]. Chang and Kang (2017) analyzed the main international sustainable policies and standards for biomass energy from the perspective of sustainable development of biomass energy, focused on systematically sorting out their guidelines and indicators, and elaborated on the supporting role of biomass energy sustainability criteria and indicators in the biomass industry policy, and policy recommendations are put forward on this basis [9]. Giljam, R.A. (2016) raised the importance of sustainable factors in the legal regime in the context of the EU energy transition, in the area of the biomass regime, whose laws do not take into account all direct effects of production, nor any indirect effects, nor All of this undermines the sustainability of biomass, given the carbon debt created by biomass burning [10]. Yuan and Zhu (2018) believe that in terms of biomass energy policies, Europe, the United States, and Japan all have systematic policy systems that run through the different stages of biomass energy project operation and the biomass energy industry chain. Developing countries such as China The country’s policies are fragmented and are only mentioned in related field policies [11].
In terms of empirical analysis, Li et al. (2020) placed the development of the biomass energy industry in the background of China’s rural revitalization strategy. On the basis of the county’s field investigation, it expounds and summarizes the current situation of the development of biomass energy in Liquan County, and finally puts forward countermeasures and suggestions to help the development of biomass energy in Liquan County [12]. Shan Ming et al. (2022) took Ruicheng County, Shanxi Province as the specific research object, and analyzed the status quo and existing problems of biomass utilization in the county through literature analysis, field research and interviews, and satellite remote sensing to make biomass resource distribution maps., and combined with the “Double Carbon Target”, the development of Ruicheng’s biomass energy is divided into three stages and the specific tasks that need to be completed in each stage are stipulated [13].
From the above analysis, the following conclusions can be drawn. It is an indisputable fact that there are defects in China’s biomass energy legislation. Based on the development status of my country’s biomass energy industry and the status quo of laws and policies, this paper analyzes the problems existing in the current system and tools, and puts forward corresponding countermeasures. On the one hand, this study is conducive to enriching the theoretical basis of biomass law and policy research, and on the other hand, it is of great significance to solve practical problems in the development of biomass energy industry.

2. The Latest Development Practices in Foreign Countries

2.1. The United States

The United States has developed agriculture, vast territory, high forest coverage, rich reserves of biomass resources, and its perfect legal system together promote the modernization of the biomass energy industry in the United States [14]. Since 2005, the United States has begun to build a biomass energy development and utilization market, which has been strongly supported by people from all walks of life. In order to stimulate the development of the biomass energy industry, the United States has successively promulgated more than ten laws, including the National Energy Policy Act, the Energy Security Act, the New Agricultural Energy Act, and the Biomass Energy Research and Development Act, in just ten years from 2005 to 2015, including both a separate law on biomass energy and a more effective general energy law [15]. These laws provide macro legal support and policy guidance for the development of biomass energy in the United States, making the whole industry develop healthily and orderly. The regulations of biomass energy include medium and long-term development plans, policy and financial support, production models and standards. For example, the National Energy Policy Act stipulates the production capacity and output of fuel ethanol. The Amendment to the Clean Air Law stipulates that the fuel of motor vehicles produced after 2010 must use the new formula ethanol fuel. Under these targeted laws and regulations, the United States has replaced Brazil and become the most developed biomass energy country in the world. The technical level of biomass energy has also reached the world’s top level, greatly promoting the development of the national economy [16].

2.2. Brazil

Brazil has the largest population, the largest area and the highest level of economic development in Latin America. The advantages of Brazil’s geographical conditions make the country’s agriculture more developed, with rich agricultural and forestry biomass energy resources. In addition, the country is short of traditional fossil energy, which together stimulate the development of biomass energy in the country. Brazil was the first country to forcibly promote ethanol gasoline through legal means. As early as 1930, the Brazilian government issued a law stipulating that 2–5% ethanol must be added to all gasoline sold in its territory [17]. Therefore, ethanol is mixed in the fuel provided in Brazil, and the Brazilian government does not provide pure petroleum fuel. In terms of the administrative management of the biomass energy industry, the Brazilian government, drawing on the experience of the United States, has set up a special biomass energy management committee and established its branches in the states. The Biomass Energy Management Committee is mainly responsible for formulating relevant incentive policies and measures for the biomass energy industry, and coordinating the development of the biomass energy industry in Brazil. In 2011, Brazil drew on the experience of the United States and issued the Brazilian Biomass Energy Development Law, which defined the development of the biomass energy industry as an important part of Brazil’s sustainable development strategy. At the same time, in this law, certain financial support and policy support were given to energy crop growers [18].

2.3. The Swedish

Sweden is a model country in the development of forestry biomass energy industry in the world. In the short term, Sweden has built a sustainable low-carbon economic model, which has fundamentally changed the structure of Sweden’s import-dependent energy industry. This is inseparable from Sweden’s laws and policies on biomass energy and its efficient biomass energy. Can manage mode [19]. In order to promote the development of forestry biomass energy, Sweden formulated and promulgated six “Forest Acts” from 1903 to 1994, which made the development direction of forest resources in Sweden gradually shift from focusing on economic benefits to taking into account economic, Comprehensive and balanced development of social and ecological benefits. In addition, Sweden will also clarify the green certificate system to promote the development of renewable energy through the “Green Electricity Certificate Act” in the form of law. At the same time, as one of the member states of the European Union, Sweden must also abide by the relevant treaties issued by the European Union [20]. The “Renewable Energy Order” requires each member state to formulate economic preferential policies such as scientific research support, tax incentives, and targeted subsidies for biomass energy. In order to promote the development of the biomass energy industry in EU member states, at the same time, the bill proposes for Sweden to achieve the target of renewable energy accounting for 49% of the national energy share by 2020 [21].

2.4. Comparison between Foreign Biomass Energy System and China

Based on the above analysis of countries with relatively developed biomass energy development, it is not difficult to draw the following conclusions. In terms of biomass energy-related legislation, the United States, Sweden, and Brazil have basically established a relatively mature biomass energy system, which runs through the biomass energy system. The United States and Brazil have special laws on biomass energy and specialized biomass energy management agencies, and both countries have relevant regulations on the use of bioethanol. Sweden clarifies the green certificate system in the form of law. In addition, Sweden also gives full play to its advantages of rich forestry resources, and promotes the development of its domestic forestry biomass energy industry by timely revising and promulgating the Forest Act.
Compared with the United States, Brazil, and Sweden, China does not have special laws and regulations on biomass energy, nor does it have special management agencies in the field of biomass energy industry. It only promulgates a certain number of time-sensitive policies to promote the biomass energy industry. However, these policies are not systematic, involve a wide range, are not well targeted, and have low operability. In the process of perfecting the biomass energy system, China should pay attention to the comparative study of foreign biomass energy laws and policies, learn from the excellent systems, adopt them, and absorb them into the field of domestic law. The laws and the establishment of specialized biomass energy management agencies, following the example of Sweden to clearly stipulate the green certificate system and quota system through laws, in order to effectively promote the development of China’s biomass energy industry.

3. Prospect Analysis of Biomass Energy in China

As a strategic emerging industry in China, biomass energy is of great significance for ensuring energy security and achieving the “dual carbon target” [22]. China’s biomass energy has broad prospects and great potential. According to the statistics of the China Energy Administration. By 2020, the total amount of biomass resources in China is 3.494 billion tons, and the potential for energy utilization and development is 460 million tons of standard coal. It is estimated that the total biomass resources will reach 3.795 billion tons in 2030, and the total biomass energy resources will reach an amazing 5.346 billion tons by 2060. China has a variety of biomass resources, including straw resources, livestock manure, forestry residues, domestic waste, sewage sludge, waste oil, etc. Various biomass resources are also very rich in total amount, as shown in Figure 1.
Based on abundant biomass resources, China has developed biomass energy industry through biomass power generation, bio liquid fuel, bio briquette fuel, biomass gas and other ways [23]. According to the “13th Five Year Plan for the Development of Biomass Energy in China”, “12th Five Year Plan for the Development of Biomass Energy in China”, “3060 Zero Carbon Blue Book for the Development Potential of Biomass Energy in China” and the data statistics of the China Energy Administration, these utilization methods are increasingly mature and the development is showing a straight upward trend.
The development of biomass power generation in China is shown in Figure 2. The total installed capacity of biomass power generation continued to rise, reaching 5.5 million kilowatts, 10.3 million kilowatts and 29.52 million kilowatts in 2010, 2015 and 2020, respectively. It is estimated that the total installed capacity of biomass power generation will reach 52 million kilowatts by 2030 and 100 million kilowatts by 2060. China’s biomass power generation technology is fully mature.
The development of bio liquid fuels in China is shown in Figure 3. Bioliquid fuels are mainly divided into fuel ethanol and biodiesel. In 2010, the annual output of fuel ethanol was about 1.8 million tons, and the annual output of biodiesel was about 500,000 tons. In 2015, the annual output of fuel ethanol was about 2.1 million tons, and the annual output of biodiesel was about 800,000 tons. In 2020, the annual output of biofuel ethanol will be about 2.84 million tons and that of biodiesel will be about 1.2 million tons. In addition to these two types, bio aviation fuel is also a way to use bio liquid fuel. However, due to the cost, there are still some defects in the output.
The development of bio briquettes in China is shown in Figure 4. Biomass energy briquettes are mainly used for heating in urban and rural areas. In 2010, the annual output of bio briquettes was about 3 million tons, in 2015, the annual output of bio briquettes was about 8 million tons, in 2020, the annual output of bio briquettes was about 11 million tons, and the heating area exceeded 300 million m2. It is predicted that in 2030, the clean heating area of biomass would exceed 1 billion m2, and its annual output would also increase accordingly.
Biomass energy gas can be divided into biogas and bio natural gas. The development of biogas and bio natural gas in China is shown in Figure 5. In terms of biogas, the annual output of biogas for rural users was about 9 billion cubic meters in 2005, about 13 billion cubic meters in 2010, and about 14 billion cubic meters in 2015. Biogas is in a critical stage of transformation and upgrading. In terms of biological natural gas, China has preliminarily formed a green low-carbon biological natural gas industry with a certain scale, with an annual output of 8 billion cubic meters. The “Guidance on Promoting the Industrialization of Biological Natural Gas” proposing that the annual output of biological natural gas will exceed 10 billion cubic meters by 2025 and the annual output of biological natural gas will exceed 20 billion cubic meters by 2030.
On the basis of abundant biomass resources and diversified utilization forms, the Chinese government also attaches great importance to the development of biomass energy industry. In the “Fourteenth Five Year Plan for Building China’s Modern Energy System” issued by the China Energy Administration, it is proposed to “strengthen the construction of the legal system for renewable energy governance, reform the energy regulatory model and strengthen special legislation in the field of renewable energy on the basis of policy guarantees”. The China Development and Reform Commission issued the “Fourteenth Five Year Plan for the Development of China’s Bioeconomy”, proposing to promote the high-quality development of the bioeconomy, accelerate the application of biotechnology in the fields of energy and environmental protection, and comprehensively improve the diversification level of the biological industry. In recent years, China has gained a new understanding of the biomass energy industry and invested a lot of manpower, material resources and funds in its development. The institutional environment for the development of biomass energy is constantly improving. Establishing and improving China’s biomass energy legal system has become the top priority of the current energy legislation. At present, China is vigorously promoting the development of the biomass energy industry. With the release of the “China Energy Law Draft” in 2020, the introduction of the “Energy Law of the People’s Republic of China” is just around the corner, which will set off a wave of energy legislation, which can speed up the establishment and improvement of the supporting biomass energy legal system, and provide institutional guarantee for the development of biomass energy [24].

4. Current Situation of Biomass Energy System in China

The development of China’s biomass energy industry needs to be guided, regulated and guaranteed by legislation. For this reason, China has successively introduced a series of institutional norms related to the biomass energy industry, including the basic legal system, the development planning system, the financial and tax economic subsidy system and the administrative management system, forming a basic framework system of biomass energy system [25].

4.1. Basic Legal System

Promoting the efficient utilization of biomass energy requires a comprehensive and systematic legal system. Currently, there is no specific law on biomass energy in China. Instead, the biomass energy industry is regulated through some clauses in the legal norms listed in Table 1 [26].
The “Renewable Energy Law of the People’s Republic of China” is the core of the biomass energy legal system, which is divided into eight chapters and 33 articles in total. The concept of biomass energy is defined for the first time in Article 32, and it is pointed out in Article 16 that China encourages the clean and efficient development and utilization of biomass fuel. Since biomass energy belongs to renewable energy, the total amount target system, renewable energy power generation full guarantee purchase system, electricity price classification system, special fund system and other systems established in this law are also applicable to the biomass energy industry. The promulgation of the “Renewable Energy Law of the People’s Republic of China” marks that the development of China’s biomass energy legal system has entered a new stage. In addition, other laws also contain some provisions concerning the development and utilization of biomass energy.

4.2. Development Planning System

The development planning system of biomass energy in China is summarized in Table 2. The “Agricultural Biomass Energy Industry Development Plan (2007–2015)” prepared by the Ministry of Agriculture of China in 2007 is the first development plan specifically for biomass energy [27]. Since then, China Energy Administration has issued the “12th Five Year Plan for China’s Biomass Energy Development” and the “13th Five Year Plan for China’s Biomass Energy Development” in 2012 and 2016, respectively. In the 12th Five Year Plan, the biomass energy industry is listed as a strategic emerging industry in China in the future, focusing on supporting the biomass power generation industry. The introduction of this plan has improved the sustainable development ability of China’s biomass energy industry in a short time [28]. China’s historic proposal in the 13th Five Year Plan is that China will basically achieve the goal of commercialization and large-scale utilization of biomass energy by 2020. In 2021, ten departments, including the China Development and Reform Commission and the China Energy Administration, jointly issued the “Fourteenth Five Year Plan for China’s Renewable Energy Development”, pointing out that we should steadily promote the diversified development of biomass energy, such as biomass power generation, biomass clean heating, biological natural gas, and non-grain biomass liquid fuels. In 2022, the China Development and Reform Commission and the China Energy Administration jointly issued the “Fourteenth Five Year Plan for Building China’s Modern Energy System”, proposing that the whole country should adhere to the one game plan, scientifically and orderly promote the goal of achieving carbon peaking and carbon neutralization, incorporate biomass energy into the modern energy system planning, continuously improve the green development capacity, and propose to develop biomass energy and other renewable energies according to local conditions.

4.3. Financial Incentive System

China’s biomass energy industry is still in its infancy, and the development and utilization of biomass energy requires a large amount of financial and technical support, which increases the burden on biomass energy enterprises and is not conducive to industrial development. Therefore, the Chinese government has formulated and promulgated a series of financial incentives to provide enterprises with various forms of financial subsidies, including but not limited to general subsidy systems, tax incentives, and special fund subsidies.

4.3.1. Based on Subsidies

In September 2006, the Ministry of Finance of China, together with the China Development and Reform Commission, the Ministry of Agriculture of China, the State Administration of Taxation of China and the China Forestry Administration, issued the “Implementation Opinions on the Development of Bioenergy and Biochemical Finance and Tax Support Policy”, which provided guidance for the subsequent introduction of biomass energy preferential policies and became a programmatic document of China’s bioenergy subsidy policies.
The “Opinions on the Implementation of the Finance and Tax Support Policy for the Development of Bioenergy and Biologization” stipulates the basic principles, specific support contents and the implementation of the support policies for the economic support of the biomass energy industry, and clarifies the content of the biomass energy subsidy policies, including flexible loss subsidies, raw material base subsidies and demonstration base subsidies. China’s Ministry of Finance later issued relevant documents for the three subsidy systems.
In addition, in the follow-up period, the Chinese government has also introduced a series of subsidy policies to support the biomass energy industry, the specific documents have been listed in Table 3 [29].

4.3.2. Tax Incentives

According to the different functions of the system, China’s tax regulations on biomass energy can be divided into two categories: one is the tax incentive policy that directly promotes the biomass energy industry, and the other is the tax containment policy that indirectly acts on the biomass energy industry and curbs the domestic traditional fossil energy.
In terms of tax incentive policies, generally speaking, the policies adopted by various countries mainly include investment credit, value-added tax reduction, corporate income tax preference and personal income tax reduction [30]. China also has preferential tax policies for biomass energy industry in these aspects, such as value-added tax collection and refund, enterprise income tax preference and so on. The relevant documents are counted in Table 3 [31].
In terms of tax containment policy, the Chinese government has issued relevant regulations to levy taxes on the exploitation of traditional fossil energy, which has increased the development cost of traditional energy in a disguised way, thus indirectly promoting the development of renewable energy such as biomass energy [32].
According to the provisions of the “Interim Regulations of the People’s Republic of China on Consumption Tax”, a certain amount of consumption tax shall be levied on non-renewable petroleum resources, fuel cars and fuel motorcycles in accordance with the provisions of the “Table of Consumption Tax Items and Rates”. Among them, cars are divided into passenger cars and medium and light commercial buses. Seven different tax rates are specified for passenger cars according to the size of cylinder capacity [33]. According to the provisions of Article 1 of the “Vehicle and Vessel Tax Law of the People’s Republic of China”, vehicle and vessel tax shall be levied on vehicles and vessels in accordance with the provisions of the “Table of Vehicle and Vessel Tax Items”, and according to the provisions of Article 4 of the “Vehicle and Vessel Tax Law of the People’s Republic of China”, vehicle and vessel tax on energy conservation and new energy can be exempted or reduced. In 2018, the Ministry of Finance of China, the State Administration of Taxation of China and other four departments jointly issued the “Notice on the Preferential Policy of Vehicle and Vessel Tax for Energy saving New Energy Vehicles and Vessels”, which stipulates that the vehicle and vessel tax will be reduced by half for energy saving vehicles and exempted for new energy vehicles [34].
A series of taxation policies formulated by China for refined oil and fuel vehicles, as well as a series of tax reduction and exemption policies adopted for the new energy industry, have increased the proportion of consumers’ consumption of new energy products to a certain extent, and promoted the development of biomass fuel and biomass power generation industries.

4.3.3. Development Fund

In order to promote the development of China’s renewable energy industry, the Ministry of Finance of the People’s Republic of China has set up a special fund for renewable energy development through the overall arrangement of the central financial budget. Biomass energy has also been included in the third part of the “Guidance Catalogue for the Development of Renewable Energy Industry” and has become the key support object of the Chinese government. The main body of subsidies is biomass energy enterprises.
The renewable energy development fund was first proposed by the “Renewable Energy Law of the People’s Republic of China” issued in 2005. To ensure the effective operation of the fund pool, China has successively issued a series of regulations on the collection, application, use and management of special funds for renewable energy [35]. These regulations are counted in Table 3.

4.4. Administrative Management System

As shown in Figure 6, in contrast with the United States and Brazil, China has not set up a special biomass energy management authority, but is limited to the scope of responsibilities of the government departments involved in the development of the biomass energy industry. Each department performs its own duties and exercises the management power over the biomass energy industry [36].
Since biomass energy is renewable energy, China’s management rules for renewable energy are also applicable to the field of biomass energy. In accordance with the provisions of Article 5 of the “Renewable Energy Law of the People’s Republic of China”, the competent energy departments of the central government of China shall exercise unified management over biomass energy, and other relevant departments shall be engaged in the management of the field of biomass energy within their respective functions and responsibilities.
The competent energy department of the central government is the China Energy Administration under the China Development and Reform Commission. In addition, the China Energy Commission was formally established in 2010 as an institution to strengthen China’s energy strategic decision-making and coordinate energy management matters, but it does not deal with specific energy issues. The Ministry of Agriculture of China, the Ministry of Industry and Information Technology of China, the Ministry of Finance of China, the Ministry of Science and Technology of China, the Ministry of Environmental Protection of China, the Ministry of Forestry of China and other central government agencies participate in the collaborative management of biomass energy within their scope of responsibility [37].

5. Defects of China’s Biomass Energy System

5.1. The Inadequacy of the Legal System

5.1.1. Lack of Legal Principles

With the rapid development of society and the continuous improvement of legislative technology, legal principles are playing a more and more important role in legislation [38].
According to the “Description of the Draft Amendment to the Renewable Energy Law” issued by the Chinese People’s Congress in 2009, the legislative principle of “Renewable Energy of the People’s Republic of China” is to combine national responsibility with social support, market operation with government guidance, and current demand with long-term development. Due to the particularity of biomass energy itself, if it is only developed and utilized according to the principles specified in the “Renewable Energy Law of the People’s Republic of China”, the characteristics of the biomass energy industry will be ignored, which is not conducive to its long-term development. Therefore, the legal principles for the development and utilization of biomass energy must be clarified.

5.1.2. Legal Rules Are Few and Ineffective

The small number of legal rules means that there are few legal documents on biomass energy in China, especially the pertinent and operable provisions. Although China has a certain number of legal documents on biomass energy and these legal effects are high, but they are not targeted and operable. They regulate a wide range of renewable energy, including wind energy Solar energy, marine energy, etc., of which only a few provisions on biomass energy, most of which are “slogans”, are not operable, so it is impossible to regulate the biomass energy industry only by relying on the above provisions [39].
Inadequate effectiveness of legal rules means that most of the regulations that currently play a major role in the biomass energy industry are departmental regulations, other normative documents and policy regulations, and their effectiveness is too low. In order to promote the development of biomass energy and make up for the shortcomings of relevant laws, the Chinese government has promulgated many policy provisions. Although these provisions are more flexible and specific than laws, these documents have low effectiveness, insufficient authority and inconsistent application standards from the legislative level [40]. Based on the long-term, it may not be conducive to or even hinder the stable development of the biomass energy industry [41].

5.1.3. Lack of Regulations for Skills and Talents

Biomass energy as a new high-tech renewable energy industry, the importance of talents and technology is self-evident.
The development of biomass energy in China is still at the initial stage. The scarcity of research talents and the shortage of core technologies lead to the lack of independent intellectual property rights in the field of biomass energy in China, especially invention patents. Among the existing biomass energy technology patents, there are also many “zombie patents”. After being approved, most of these patents are in an idle state. Similar to the “Ming Dagao”, they are shelved, unable to be applied to practice, and the industrialization rate is low. According to the “2021 Chinese Patent Survey Report” issued by the State Intellectual Property Office in June 2022, the industrialization rate of Chinese invention patents is 35.4%, while in scientific research institutions and universities, the industrialization rate of invention patents is only 15.6% and 3.0%. On the whole, although there is a small increase compared with previous years, there are still structural weaknesses [42]. The weakness in the field of intellectual property rights of biomass energy leads to the low degree of localization of its production equipment, which almost depends on foreign imports. Equipment is the core of the energy industry and accounts for a large proportion of capital, which increases the cost of products and lowers the core competitiveness in the market.
The shortage of technology and talents is the two key factors restricting the development of biomass energy in China. However, there is still a gap in China’s laws and regulations on biomass energy in terms of technology and talents. China lacks intellectual property incentive measures to encourage independent innovation and industrial scientific research, as well as effective means to break down the patent barriers of biomass energy in other developed countries. As a result, China’s biomass energy industry faces low core technology level, unstable product quality, high dependence on imports and other problems, and its development suffers from bottlenecks.
As for the current situation of biomass energy development in China, legislators have to pay attention to the hindering effect of patent laws on renewable energy and biomass energy industry. Some large biomass energy companies in the United States and other developed countries have mastered the core technologies for the development and utilization of biomass energy. If they refuse to license the use, it will completely hinder developing countries such as China from acquiring core biomass energy technologies. At present, they have built solid intellectual property barriers and effectively hindered China and other developing countries from developing and utilizing biomass energy, Compulsory licensing system is one of the important ways to break down technical barriers. However, after searching China’s patent related laws and regulations, it is found that the current “Patent Law of the People’s Republic of China” does not contain provisions on compulsory licensing of green ecological patented technology.

5.2. Flaws in the Policy Support System

5.2.1. The Subsidy Intensity Is Small and the Subsidy Target Is Not Comprehensive

The Chinese government has formulated a series of financial support policies to promote the development of biomass energy industry, but there are still many problems in general. China has not formed a subsidy and support system for biomass energy, and the existing support policies also have problems such as low strength and incomplete support objects [43].
First, China’s policy support on biomass energy is obviously incomplete. The development of China’s biomass energy industry is seriously unbalanced. The low level of commercialization cannot match the high level of technology research and development, and the conversion rate of scientific and technological achievements is extremely low. However, there is a “top heavy” phenomenon in China’s current economic subsidy policy on biomass energy. The main target of policy funding support is still the research and development field of biomass energy, which is provided with a large amount of research funds. However, the funding support in the “production use” field is not sufficient, only a few.
Second, China’s policy support on biomass energy is obviously insufficient. At present, the supporting policies for biomass energy only include symbolic flexible loss subsidies, raw material base subsidies, demonstration subsidies, etc., which are very weak compared with other developed countries.

5.2.2. The Range of Tax Incentives Is Small

China’s biomass energy tax preferences mainly focus on value-added tax and enterprise income tax, and the forms are limited to the forms of immediate collection and refund of value-added tax, preferential tax rate of enterprise income tax, tax credit, etc. Moreover, the objects covered by these two types of taxes must comply with the express provisions. The products and projects in the preferential catalogue and the products and projects not included in the catalogue, although they also belong to friendly and clean energy to meet the needs of production and operation, cannot enjoy the same tax preferences [44]. The strict “catalogism” has led to a substantial reduction in the subject and content of the biomass energy tax preference. The general tax preference is limited to the biomass energy projects specified in the “Guidance Catalogue for the Development of Renewable Energy Industry”, and the biomass energy projects outside the directory cannot be the beneficiaries. At the level of biomass power generation, only those enterprises that use the types of biomass resources specified in the “directory of value-added tax preferences for products and services for comprehensive utilization of resources” for power generation can enjoy the corresponding preferential policies, while those outside the directory cannot enjoy the tax preferences.

5.2.3. Policies Are Fragmented and Not Systematic

Although China has a certain number of financial and tax support policies for biomass energy, these support policies have been introduced at random and have not formed a policy support system for biomass energy. On the one hand, China introduced the “12th Five Year Plan for China’s Biomass Energy Development” in 2012, and the “13th Five Year Plan for China’s Biomass Energy Development” in 2016. 2022 is the second year of the 14th Five Year Plan, but China did not timely introduce the corresponding “14th Five Year Plan for Biomass Energy Development”. On the other hand, China also lacks the necessary short-term special planning policies for the development and utilization of biomass energy, such as short-term development goal planning policies, scientific talent introduction policies, market circulation policies, etc., which leads to the irregular development rhythm, low scale, single financing channels and other problems of China’s biomass energy industry, which greatly limits the development of China’s biomass energy industry [45].

5.3. Deficiencies in the Management System

5.3.1. The Mechanism of Strategic Management and Decision-Making Has Been Significantly Weakened

The structural contradiction of China’s energy is prominent. All kinds of renewable energy need not only to be developed according to a certain proportion, but also to play a complementary, transformative and substitutive role between different renewable energy sources to adapt to the complex and volatile international energy security situation. At present, China lacks a strong comprehensive renewable energy management organization to coordinate the development relationship between biomass energy, wind energy, marine energy and other renewable energies, which leads to the obvious weakening of China’s energy strategic management and decision-making mechanism.

5.3.2. Management Functions Are Too Decentralized

In theory, China Energy Administration, China’s Ministry of Agriculture, China’s Ministry of Industry and Information Technology and other government agencies can manage all aspects of the operation of the biomass energy industry according to their respective authorities, so that all aspects of the entire industry are under the management of each department, and the management methods with their own characteristics are more specific and targeted, so as to avoid management mistakes due to lack of professionalism, At the same time, it can also effectively reduce the expansion of administrative institutions, avoid the expansion of administrative power, and increase the tax of the Chinese people.
However, in the actual situation, the development of biomass energy industry involves different authorities of various departments, and there is no primary and secondary, auxiliary relationship between various departments, leading to too decentralized management. In theory, the assumption that each department performs its own duties and cooperates with each other may not be true in practice. In practice, due to political, economic and other factors, various departments may not communicate in a timely manner, perform their duties diligently, and exercise their power normatively. There are many channels of government, poor communication, and unclear boundaries of division of labor among various departments, which easily lead to overlap and contradiction in management and confusion in management. At the same time, when politics comes out of many doors, there will also be no door to come out of politics. Neither of them will manage each other, or they will buck each other, which will lead to loopholes in management and gaps in regulation. For businesses with economic value, there may be various departments scrambling to take responsibility, and for businesses with less money and more work, there may be a bad situation of mutual power transfer and waiver between various departments. At the same time, due to its numerous management organizations and decentralized functions and powers, it is difficult to obtain specific statistics on research and development, production and sales data related to biomass energy, which is detrimental to the macro-control of the Chinese government [46].

5.3.3. Serious Management Discrimination

In practice, the management discrimination against biomass energy enterprises is serious. In the management practice of biomass energy industry, there is a widespread policy tendency towards large enterprises, ignoring small enterprises. One must pay attention to state-owned enterprises and despise the bad situation of private enterprises. Small and medium-sized enterprises have many difficulties in applying for preferential treatment, which is often difficult to apply successfully, seriously dampening the investment enthusiasm of private entrepreneurs. At the same time, this situation will also make the stronger the stronger and the weaker the weaker in the biomass energy market, which is not conducive to creating a fair market competition mechanism and easy to form a monopoly.

6. The Improvement Plan of China’s Biomass Energy System

6.1. In the Legislative Level to Improve the Proposal

6.1.1. Formulating the Law on the Development and Promotion of Biomass Energy

From the perspective of comparative law, few countries have formulated special legislation on biomass energy. The United States has introduced the “Biomass Energy Research and Development Act”, Brazil has introduced the “Brazilian Biomass Energy Development Act”, and Germany has introduced the “Biomass Energy Regulations”. Similar to most countries, China has not yet formulated special biomass energy legislation, but has introduced relevant policy provisions to regulate the development and utilization of biomass energy. However, based on the current system status and system defects of biomass energy in China, the most feasible solution is to integrate the existing normative documents on biomass energy, classify and sort them out in a planned way, and then form a special legal provision on the development and utilization of biomass energy—the “Law of the Chinese People on Promoting the Development of Symbiosis Material Energy” [47].
The “Law of the Chinese People on Promoting the Development of Symbiosis Material Energy” can greatly improve the integrity and logic of China’s current biomass energy legal system, form a basic biomass energy legal system, and make China’s policies on promoting the development of the biomass industry practical, rather than just stay at the slogan level. The law should cover all the contents of research and development, production, utilization and consumption of biomass energy, and include the following key systems.
First, the basic principles of the “Biomass Energy Development Promotion Law of the People’s Republic of China”.
The principle of development in line with local conditions. Biomass energy is widely distributed, and the difference between different regions is very prominent. This difference is not only limited to natural factors such as different geographical locations, climatic conditions, hydrological characteristics, but also reflected in social, economic, political, cultural and other non-natural factors. In the process of developing biomass energy, a comprehensive and objective assessment must be carried out, and both natural and unnatural factors must be taken into consideration to maximize the advantages of physical energy.
Non grain development principle. This principle refers to that in the process of developing and utilizing biomass energy, raw materials other than edible grain should be used to develop biomass energy industry, so that the development of biomass energy industry will not compete with the people for food or land [48].
In the new era, the premise and foundation of biomass energy development is the gathering of market capital. The era of relying mainly on government input and subsidies to develop biomass energy is gone forever. We should take the market as the main body as the basic development principle of biomass energy, fully mobilize the inflow of private capital and capital from other economic entities, and inject fresh blood into the biomass energy development market [49].
Second, special development fund for biomass energy.
The development of biomass energy industry covers a wide range of areas and requires huge capital investment. Without government support, it is difficult to develop. China should increase financial support in the field of biomass energy, and set up a special fund system for biomass energy development in the “Law of the Chinese People on Promoting the Development of Symbiosis Material Energy”. The establishment of the biomass energy development special fund system has promoted the development of the biomass energy industry at the national level, diversified the energy consumption structure, and reduced the dependence on traditional fossil energy. However, it is worth noting that we should not blindly increase support, which will bring too much pressure to the national economy.
The system concept of the special fund for biomass energy development is divided into the following two priorities. First, the sources of special funds include the special development funds for biomass energy provided by the state on an annual basis and the income from the renewable additional electricity price collected according to law that belongs exclusively to biomass power generation. Second, the special funds are used for research and development, production, promotion, subsidies, publicity and other aspects of the biomass energy industry, and are disclosed quarterly. Compared with the special fund for renewable energy, the special development fund for biomass energy is more targeted, and can ensure that the special fund is used for its specific purpose. The additional electricity price income of biomass energy collected according to law is only used for the development of biomass energy industry, which is reasonable and fair.
In addition, the following two aspects should also be achieved in the process of formulating China’s biomass energy separate law. First, we should reduce the use of the word “otherwise stipulated” as much as possible, directly formulate operable laws, and more specifically adjust the specific problems encountered in the process of developing the biomass energy industry and other types of legal relationships. Second, if the use of “separate provisions” is unavoidable due to legislative technology, timing, etc., corresponding restrictions should be imposed on the subject of the separate provisions. For example, it is stipulated that corresponding specifications must be issued within a certain time, or when certain conditions are met, corresponding specifications should be issued to shorten the time difference between the two, and the corresponding subject should be urged to issue supporting implementation rules in a timely manner, to improve the operability of the biomass energy separate law.

6.1.2. Detailed Rules for the Implementation of the Law on the Development and Promotion of Symbiotic Material Energy among the Chinese People Will Be Promulgated

On the basis of formulating the “Law of the Chinese People on Promoting the Development of Symbiosis Materials and Energy”, the implementation rules of supporting existing norms should be issued in time to improve the operability of existing legal norms. At present, China has a long-standing habit in legislation, namely, further delegating the formulation power of the detailed rules to other power subjects, which will lead to a situation that, although the law has been published, the specific supporting implementation rules have not yet been issued, leading to the situation that they cannot be specifically implemented in practice, especially in the field of biomass energy. The legislative model of American science is an important reason for the rapid development of American biomass energy industry and the improvement of its supporting legal system. Whenever the Congress promulgated a higher-level upper-level law, a series of supporting implementation rules were immediately issued by the federal and state governments, detailing each operable legal provision in the upper level law to the specific department responsible for the division of labor, so that it can be fully targeted and feasible. This highly coordinated model between the central and local governments is very worthy of learning in China.

6.1.3. A Compulsory Licensing System for Green Ecological Patents Will Be Established

In terms of patent system, we should actively promote the application of compulsory licensing system in the field of biomass energy, and build a perfect compulsory licensing system for green ecological technology. The so-called compulsory licensing of green ecological technology refers to the system in which the national patent authority authorizes others to use and pay a certain fee for the use of technologies related to low-carbon and green industries without the permission of the patentee after being applied by units and individuals with implementation conditions in order to safeguard the public interests of the ecological environment [50]. The original intention of the system is to balance the interests of the patentee and the public interests of the ecological environment and prevent the monopoly of green ecological technology.
In addition to the green ecological compulsory licensing system, the first is to amend the “Patent Law of the People’s Republic of China” and add the ecological green patent compulsory licensing clauses. When the first “Patent Law of the People’s Republic of China” was formulated in 1984, China had already added the provisions on compulsory drug licensing. Although green ecological technology does not directly serve the human body similar to drugs, it is closely related to human development. Both belong to public health interests and have similarities in nature. Therefore, we can learn from the provisions on compulsory drug licensing in China and amend the “Patent Law of the People’s Republic of China”, Add mandatory licensing terms for green patented technology [51].
However, since China’s newly revised “Patent Law of the People’s Republic of China” came into effect last year, there is little possibility to amend the “Patent Law of the People’s Republic of China” and add this system in a short period of time. The author believes that in the near future, based on China’s existing patent system, we should expand the interpretation of compulsory licensing in the public interest through legal interpretation, Revise the “Regulations for the Implementation of the Patent Law of the People’s Republic of China” to clarify that public interests include but are not limited to ecological environmental interests, and include biomass energy patented technology into the scope of compulsory licensing of public interests. When the time is ripe for legislation, modify the “Patent Law of the People’s Republic of China” to add mandatory licensing provisions for green ecological technology.

6.2. Suggestions on Policy Improvement

The development of China’s biomass energy industry is still at the stage of government macro-control as the main and market mediation as the auxiliary. In view of the current policy support system for the biomass energy industry, on the one hand, we should improve the government’s support for the biomass energy field, on the other hand, we should not blindly emphasize the increase of subsidies, which is neither scientific nor realistic. We should explore and build new systems to promote the development of the biomass energy industry.

6.2.1. Establish a Trading Quota System for Green Certificates of Biomass Power Generation

China should learn from the successful experience of foreign green certificate trading quota system, combine the current development situation of biomass energy in China, carry out system pilot, and accelerate the construction of biomass power generation green certificate trading quota system.
The green certificate trading quota system is based on the green certificate system and guaranteed by the biomass power generation quota system.
On the one hand, every time a biomass power generation enterprise produces green electricity, the government will issue a green certificate, and the biomass enterprise can flow the certificate into the market for trading to obtain additional income. On the other hand, the state allocates a certain amount of biomass energy and other renewable energy power generation requirements for all power generation enterprises in the market according to their own conditions. If the requirements are not fulfilled, corresponding punishment measures will be taken. Under the joint regulation of these two systems, traditional power manufacturing and supply enterprises must purchase green certificates to complete their quota tasks and meet the national standards because they cannot produce green power or the quantity of green power produced does not meet the standards prescribed by law. Biomass power generation enterprises can further increase capital investment, improve the level of biomass power generation technology, and improve economic returns by selling green certificates [52].

6.2.2. Improve Tax Incentives

In terms of tax policy, we should give full play to the leverage adjustment role of tax policy, improve China’s biomass energy tax policy system from the following three aspects, and further improve the country’s tax preference for biomass energy.
First, add the preferential tax items on biomass energy specified in the “Guidance Catalogue for the Development of Renewable Energy Industry”, and expand the scope of preferential taxes. Second, adjust import and export tariffs, exempt the import of advanced biomass energy equipment from tariffs and import value-added tax, comprehensively reduce the tax burden of biomass energy enterprises, and help their development. Third, indirectly promote the development of biomass energy industry by restricting the high carbon energy industry. For the traditional fossil energy industry with high energy consumption and heavy pollution, set higher resource taxes and tariffs, force some enterprises to transform or withdraw from the market, and hand over the remaining space to biomass energy enterprises with higher social net efficiency for development and utilization, so as to realize the rational development and utilization of energy and promote the sustainable and stable development of biomass energy industry [53].

6.2.3. The 14th Five Year Plan for Biomass Energy Development Should Be Issued

China should, in combination with the goal of achieving carbon peak by 2030 and carbon neutralization by 2060, issue the “Fourteenth Five Year Plan” for biomass energy development to define the development strategy of the biomass energy industry.
First of all, we should clarify the strategic significance of biomass energy for the construction of China’s ecological civilization. Secondly, it focuses on the analysis of the key and difficult points in the development of biomass energy industry across the country at present, requires local governments to formulate development goals and development plans of biomass energy industry with local characteristics according to the local situation and in combination with the central development strategy on biomass energy, forecasts and studies the problems that may be encountered, and proposes corresponding solutions for the future revision of the “Renewable Energy Law of the People’s Republic of China” To lay the foundation for the formulation of the Law of the People’s Republic of China on the Promotion of Biomass Energy Development.

6.3. Suggestions on Improvement of Administrative Management

First of all, we should integrate the existing biomass energy management resources. On the basis of shrinking the management authority of other departments on biomass energy, we should learn from the high-level centralized energy management system of the U.S. Department of Energy and the experience of Brazil in establishing a special biomass energy management agency. In combination with China’s actual situation, the National Energy Commission is responsible for the unified leadership and command in the energy field, and formulating various energy policies, The National Energy Commission has set up the Biomass Energy Management Committee and other renewable energy committees under the National Energy Commission, which will coordinate the division of labor and cooperation among various departments, so as to completely change the current situation of multiple governments, overlapping powers and conflicts, strengthen the management ability of the biomass energy industry, and promote the development of the industry [54]. In the process of formulating energy policies, the National Energy Commission should take into account the marketization of the biomass energy industry in the future, so that more private capital can join the biomass energy market. A good market environment is an inevitable requirement for biomass energy to become large-scale and industrialized, which cannot be separated from a good administrative management model to protect it.
Secondly, in terms of management concept, we should attach importance to the role played by relevant industry organizations such as the Biogas Commission in the biomass energy industry, formulate corresponding incentive measures to encourage the establishment of relevant industry associations, reduce the direct intervention of government agencies in the industry, and achieve the development of the biomass energy industry led by industry organizations, which can greatly improve the ability of biomass energy enterprises to resist external market risks. We should learn from the attitude of the United States towards industry organizations, listen carefully to the suggestions of relevant industry organizations on the development of biomass energy industry, including industrial management mode, technology development, legal policies, etc., and select operable suggestions for specific implementation.

7. Conclusions

Biomass energy is the only renewable carbon source in the energy system. Its industrial prospect is vast and it is the most likely renewable energy to replace fossil energy in the future. At present, China has entered the “Fourteenth Five Year Plan” period, and renewable energy has entered a new stage of development. In recent years, the country and society have invested a lot of resources and energy in the biomass energy industry. However, we must realize that in the new development stage of renewable energy and biomass energy, the construction of its legal system and policy system has not matched its development rate, and a series of problems need to be solved urgently. To promote the promotion of biomass energy and renewable energy, and to build a low-carbon, clean, efficient and safe energy system. In order to achieve the grand goal of carbon peaking and carbon neutralization, we must unswervingly build a strong legal and policy guarantee mechanism and a restraint and normative mechanism for the biomass energy industry, and escort the steady development of the biomass energy industry.
Due to the relatively limited research on the biomass energy industry and related laws in the energy law circle, this paper conducts a superficial study and discussion on the legal regulation of the development of the biomass energy industry. In addition, due to the lack of professional background knowledge related to biomass energy, limited academic ability and experience, and relatively few references, the opinions put forward are inevitably shallow and inadequate, and a large number of problems still need authoritative research by experts and scholars.

Author Contributions

Conceptualization, D.S.; writing—original draft preparation, J.R.; writing—review and editing, D.S.; supervision, D.S. All authors have read and agreed to the published version of the manuscript.

Funding

This work was supported by the Key Project from National Social Science Foundation of China (Grant No: 20&ZD178). This work was supported by the Opening Funding of Key Laboratory of Ministry of Natural Resources for Rule of Law Study.

Data Availability Statement

Not applicable.

Conflicts of Interest

The authors declare no conflict of interest.

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Figure 1. The total biomass resources of all kinds.
Figure 1. The total biomass resources of all kinds.
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Figure 2. The biomass power generation total installed capacity.
Figure 2. The biomass power generation total installed capacity.
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Figure 3. The annual production of bio-liquid fuel.
Figure 3. The annual production of bio-liquid fuel.
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Figure 4. The annual production of bio forming fuel.
Figure 4. The annual production of bio forming fuel.
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Figure 5. The annual output of biomass gas.
Figure 5. The annual output of biomass gas.
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Figure 6. Biomass energy Management structure diagram.
Figure 6. Biomass energy Management structure diagram.
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Table
Table 1. The summary table of legal documents.
Table 1. The summary table of legal documents.
TypeYearTitle
Laws1984Law of the People’s Republic of China on Forest
1987Law of the People’s Republic of China on the Prevention and Control of Air Pollution
1993Agricultural Law of the People’s Republic of China
1995Electric Power Law of the People’s Republic of China
1997Energy Conservation Law of the People’s Republic of China
2002Cleaner Production Promotion Law of the People’s Republic of China
2005Renewable Energy Law of the People’s Republic of China
2008Circular Economy Promotion Law of the People’s Republic of China
Note: The data in this table come from the Chinese Laws and Regulations Database.
Table
Table 2. Summary table of development Plan type documents.
Table 2. Summary table of development Plan type documents.
TypeYearTitle
Development plan2007Development Plan of Agricultural Biomass Energy Industry (2007–2015)
2007Medium and Long term Development Plan for Renewable Energy
2008“The 11th Five Year Plan for Renewable Energy Development”
2012The 12th Five Year Plan for Renewable Energy Development
2012The 12th Five Year Plan for Biomass Energy Development in China
201613th Five Year Plan for Renewable Energy Development
2016The 13th Five Year Plan for Biomass Energy Development in China
2022The Fourteenth Five Year Plan for Building a Modern Energy System
2022The 14th Five Year Plan for Renewable Energy Development
Note: The data in this table come from the National Energy Administration of China.
Table
Table 3. Summary table of financial incentive documents.
Table 3. Summary table of financial incentive documents.
TypeYearTitle
Basic subsidies2006“Opinions on the Implementation of Finance and Tax Support Policies for the Development of Bioenergy and Biochemistry”
2006“Trial Measures for the Management of Renewable Energy Power Generation Price and Cost Sharing”
2007“Interim Measures for the Administration of Subsidy Funds for Bioenergy and Biochemical Agricultural Raw Material Bases”
2007“Measures for Financial Management of Flexible Subsidies for Biofuel Ethanol”
2010“Notice on Improving the Price Policy of Agricultural and Forestry Biomass Power Generation”
2011“Interim Measures for the Administration of Construction Subsidy Funds in Green Energy Demonstration Counties”
2015“Notice on Financial Support Policies for the Promotion and Application of New Energy Vehicles in 2016–2020”
2016“Measures for the Administration of Full Guarantee Purchase of Renewable Energy Power Generation”
Tax preference1993“Interim Regulations of the People’s Republic of China on Consumption Tax”
2007“Enterprise Income Tax Law of the People’s Republic of China”
2007“Regulations for the Implementation of the Enterprise Income Tax Law of the People’s Republic of China”
2011“Vehicle and Vessel Tax Law of the People’s Republic of China”
2016“National key high-tech fields”
2018“Notice on Adjusting and Improving the VAT Policy for Resources Comprehensive Utilization Products and Services”
2018“Notice on Preferential Policies of Vehicle and Vessel Tax for Energy Saving and New Energy Vehicles and Vessels”
Development funds2006“Interim Measures for the Management of Special Funds for Renewable Energy Development” (abolished)
2011“Interim Measures for the Administration of Collection and Use of Renewable Energy Development Fund”
2012“Interim Measures for the Administration of Additional Subsidy Funds for Renewable Energy Price” (abolished)
2015“Interim Measures for the Management of Special Funds for Renewable Energy Development”
2020“Management Measures for Additional Funds of Renewable Energy Electricity Price”
Note: The data in this table come from the Chinese Laws and Regulations Database.
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Song, D.; Rui, J. Research on Legal Promotion Mechanism of Biomass Energy Development under “Carbon Peaking and Carbon Neutrality” Targets in China. Energies 2023, 16, 4361. https://doi.org/10.3390/en16114361

AMA Style

Song D, Rui J. Research on Legal Promotion Mechanism of Biomass Energy Development under “Carbon Peaking and Carbon Neutrality” Targets in China. Energies. 2023; 16(11):4361. https://doi.org/10.3390/en16114361

Chicago/Turabian Style

Song, Dongdong, and Jing Rui. 2023. "Research on Legal Promotion Mechanism of Biomass Energy Development under “Carbon Peaking and Carbon Neutrality” Targets in China" Energies 16, no. 11: 4361. https://doi.org/10.3390/en16114361

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