PV project permanent construction land part, according to the law according to the construction land for formalities. The permanent construction land in the PV power station project mainly involves the substation, the complex building and the life service facility. For non-permanent use of land in the PV project, the unused land is occupied, that is, land which does not occupy the land and does not change the surface form, can be acquired by leasing, etc., without changing the land use. The two sides need to sign a good compensation agreement, and report to the local county land resources department for the record. For unused land owned by the collective, such as barren hills, barren hills, barren hills, wasteland and other rural land which are not suitable for family contract, they can adopt bidding, auction, Public consultation and other means of contracting, but has been contracted to the members of the collective economic organizations, "four wasteland" of land, photovoltaic enterprises through the transfer of land contractual management rights from the contractor to obtain land use rights.
In addition, according to "the construction of photovoltaic power plants on the use of forest land-related issues notice" (Lin Zi Fa [2015] No. 153), the PV project of non-permanent construction land part of the occupation of forest resources to determine the appropriate forest land and the second national land If the land is determined as unused land, the land use pattern of "non-permanent construction land" may be adopted. The temporary land occupation of forest land during the construction period shall be used for forest land formalities. During the operation period, the two parties may sign a compensation agreement, The use of forest land, without the need for agricultural land to construction land procedures.
See the following figure:
3 What is the agricultural light complementary, fishing light complement each other, forest light complementary?
The model is different from the conventional method in practice. It does not take up the land, does not change the land use part of the landform, the nature of the farmland, the land use type, the land use type and so on. (Forest) production activities, such as greenhouse cultivation, fish pond breeding and vegetation growth. Without meeting the specific conditions, PV power plants can be constructed without using agricultural conversion procedures.
But the above model, only the forest light complementary national forestry bureau has a more explicit provisions, other ways there is no special provisions for its regulation, only some local governments introduced some normative documents. In particular, agricultural (fishing) optical complementation refers to the photovoltaic power generation and agricultural (fishing) industry production, through the greenhouse, fish ponds, pastures, woodland and other agricultural land rectangular frame, and on the laying of photovoltaic power generation The way to achieve both power generation, but also for farming (fishing) crop cultivation to provide a more appropriate environment for the growth of photovoltaic power plant construction mode. According to the "on the construction of photovoltaic power plant use of forest land related issues notice" (Lin Zi Fa [2015] No. 153), the PV project non-permanent construction land part of the occupation of forest resources to determine the appropriate forest land and the second national land survey to determine For unused land, can be used "forest light complement" land use model.
According to the relevant provisions of China's land management, construction projects occupy agricultural land, are required to agricultural land in accordance with the legal procedures and requirements to be used after construction land development and utilization. In practice, the agricultural light complementary whether the occupation of agricultural land for construction, local regulations are also different. In particular, the Ministry of Land and Resources and other "on the support of new industries and new forms of development to promote public entrepreneurship innovative land for the views of the people" (Land and Resources Regulation [2015] 5) clearly require "construction occupation of agricultural land, all land Should be based on construction land management. According to the relevant policies of the Ministry of Land and Resources website, "PV land occupation of agricultural land, including occupation of agricultural facilities, agricultural greenhouses, shall apply for agricultural land conversion approval procedures, according to the law shall not occupy basic farmland." For the use of agricultural complementary mode of photovoltaic power plant development projects, should still be in advance to the local land sector consultation.
Four PV project contracting must be through bidding?
Article 3 of the "Law on Bidding and Bidding" stipulates that projects involving public interests and public safety, such as large-scale infrastructures and public utilities, are items subject to tender according to law. The scope of project construction scale and the scale of the provisions of the standard (the former State Planning Commission Order No. 3) further stipulates that coal, oil, natural gas, electricity, new energy and other energy projects are related to public interest, public safety infrastructure projects. Therefore, regardless of whether the use of state-owned capital investment, photovoltaic power plants as a new energy projects are required to tender according to the project.
From the scale of the project, if it is a small distributed photovoltaic power generation project, the procurement can not reach the scope of the tender and the size of the provisions of Article VII of the scale of the standard, may not tender. However, other projects to meet the size requirements, especially large-scale photovoltaic power plant projects, the size of the scale requirements are usually reached, are legally required to tender.
Once the PV project to be legally required to tender the size of the project, which is a statutory tender must be the project, project investigation, design, construction, supervision and construction and related important equipment, materials, procurement, should be tender. However, if the project does not belong to the "use of state-owned capital investment projects," in addition to open tender, but also can be used to invite the tender for project procurement.
In practice, the controversial is the private investment in photovoltaic power station projects, contractors and contractors tend to adopt a direct contract model, such PV power plant project design, construction, procurement contracts, especially the construction contract, because " Should not invite the tender "led to the contract is invalid risk.
5 PV project contractors need to have what qualifications?
PV projects are usually built by EPC, E + PC and other engineering general contracting modes. According to the spirit of the document "Opinions on Further Promoting the Development of EPC (2016) 93"), Construction general contracting qualification of enterprises in their engineering design and construction general contracting qualification level permit projects within the scope of the project to carry out general contracting business, only the design qualification of the enterprise to undertake general contracting projects, the project should be general contracting projects Construction business sub-contracted to the corresponding construction enterprises with the appropriate qualifications.
The PV power station project belongs to the electric power construction project, and the construction enterprise is the general contractor. According to the qualification standard of the construction enterprise, it needs to have the corresponding qualification grade of the electric power engineering construction general contract qualification according to the scale of the power station. If the design enterprise subcontracts the construction business as the general contractor or subcontracts some of the specialized projects by the construction enterprise general contractor, the construction subcontractor shall obtain the corresponding grade general contracting or engineering contract qualification according to the scale of the power station.
Although the scale of distributed PV power generation projects is different from that of PV power plants, there are still some views in practice that distributed PV power projects are not construction projects, but the "Interim Measures for the Management of Distributed Photovoltaic Power Generation Projects" ] 433), "the design and installation of distributed photovoltaic power generation projects shall comply with the relevant administrative regulations, equipment standards, construction engineering codes and safety regulations, etc. The units that undertake the project design, consultation, installation and supervision shall meet the requirements , Should have the appropriate qualifications provided by the state. " "On the further implementation of distributed photovoltaic power generation policy" (Guoneng new energy [2014] 406) also requires the construction unit should have the appropriate qualification requirements.
In practice, the general contractor of photovoltaic projects in addition to construction and design enterprises as general contractor, there are solar cell module manufacturers. Solar cell module manufacturers as general contractor, should pay attention to whether it has the corresponding engineering qualifications and permits, if not the appropriate qualifications, the construction contract signed by the existence of the risk of invalid.
Six Dianzi to carry out the project EPC general contracting What are the risks?
Although the Ministry of Construction in 1996 and other relevant ministries issued a "strict prohibition on the construction contract with the notice", strictly prohibit the construction enterprises in the construction process for the contractor to advance, but the notice does not belong to the scope of laws and regulations, This is not valid. To this end, the contractor to advance the project does not violate the mandatory provisions of the law, but if the contractor to use the way of contracting the construction of photovoltaic project is still a large risk, including:
The risk of the funds can not be recovered. PV project belongs to the category of construction project. The contractor enjoys the priority of legal construction project, but the exercise period of priority right is 6 months from the date of contract or actual completion. If the contractor does not exercise construction project priority in time, Will result in the loss of priority right of repayment, the pad fund can only be regarded as general creditor's rights. In addition, even if there is a priority for the right to repay, but the value of photovoltaic power plants affected by many, there may be the value of photovoltaic power plant is lower than the contractor to invest in the case of pad funds. In case the project owner is unable to pay the project payment, it may cause the risk that the fund is difficult to be fully recovered.
Risk due to factors beyond the control of the Contractor. The general contractor of the contracted capital is usually paid off after the project is completed and put into production, and the project owner obtains the state subsidy fund or the bank loan. Although the duration of PV project is short, the project may still be affected by many factors beyond the control of the contractor, such as the project site, planning, grid connection and policy dealing may cause the project to stop or slow down. Once the project stagnation or even by the relevant government departments to halt, the contractor will bring greater economic losses.
The existence of the contractor to terminate the contract. Once the contractor a lot of money, even if found to continue to advance the huge risk, but if the half-way to terminate the contract, the PV power station is not completed, can not produce electricity income and access to state subsidies or bank loans, Will be more difficult to recover, in the spirit of allowing the project after the completion of the grid after the power generation in order to obtain a stable income and state subsidies or bank loans to repay the contractor's advances, the contractor can only choose not to terminate the contract to continue However, the amount of funds that the landlord can not repay is likely to increase with the increase in the amount of funds, leading to a further expansion of the risk.
In order to avoid or reduce the risk of uncollectible funds, in addition to the credit investigation of the ability of the project company and the acquirer (if any) and the profitability of the project, the contractor may request the project company to mortgage the construction in progress Contractor, or by the shareholders of the project company will hold shares of the project company to the contractor, the contractor and the project company signed the general contract under the contract of the debt guarantee. At the same time, can also be based on the characteristics of the project, to take a third party guarantee, power of sale proceeds pledge and other effective security measures.
Seven PV project pre-acquisition What are the risks?
Photovoltaic project filing documents, often referred to as "road", is the pre-construction of photovoltaic power station documents, with a certain scarcity, and therefore there will be in practice through the sale of "road" for the transfer of the phenomenon. However, the Interim Measures for PV Power Plant Project Management and the Circular on Further Strengthening the Construction and Operation Management of Photovoltaic Power Plants (Guoneng Xinneng [2014] No. 445) prohibit the sale and purchase of project filing documents, and stipulate that before the project is put into operation, With the consent of the filing authorities, shall not be transferred to other projects without the main investment, the record authority agreed to transfer, the need to re-apply for filing procedures. In view of this, in practice, in order not to violate the above provisions, PV project investors tend to use before the project put into operation, the acquirer and the investor signed a pre-purchase agreement, agreed after the project put into operation the project company equity transfer and prior agreement transfer conditions Acquisition model. Of course, in practice there is also a direct agreement on the actual control of the project company, or the investment company directly through the acquisition of the parent company of the project company to obtain the corresponding actual control.
The pre-purchase agreement is an appointment contract and the investor only undertakes the obligation to negotiate the equity transfer of the project company after the condition accomplishment or the expiration of the period and does not bear the obligation to deliver the equity to the acquirer. After the signing of the pre-purchase agreement, if the project company due to higher equity prices and other reasons, the project was once again transferred to a third party, the acquirer can only require investors to assume pre-purchase contract breach of contract obligations, and shall not require investors compensation for the price of equity Rise in the expected return loss.
In order to prevent the investor from re-transferring the equity of the project company, the acquirer will usually request to obtain the actual control of the project company and obtain the pledge right of the equity of the project company. Although the acquisition of the actual control of the project company, usually to avoid the re-transfer of the equity of the project company, but the pre-acquisition model, there are also identified as "pre-acquisition, it is reselling road", thereby affecting the project Of the grid and enjoy the state subsidy policy, resulting in the transfer of the project blocked, and will face the corresponding administrative penalty. In addition, the investor to pledge equity of the project company, in addition to signing a written pledge contract, the need for equity pledge registration, if not registered may face equity pledge not established risk.
At the same time, before the project put into operation, in order to protect the expenditure of construction funds, the acquirer often adopts payment in the form of payment or cooperative development, and pay the project funds. If the project can not be put into operation or obtain state subsidy, the acquirer will pay Unable to repay, and the project failed to put into production the project equity can not complete the transfer of risk.
8 What is the case of access to photovoltaic price subsidies?
PV subsidies are divided into local financial subsidies and subsidies to the central government (National Renewable Energy Development Fund subsidies). Due to local financial subsidies for PV projects around the provisions of the existence of large differences, in this discussion only the central financial subsidies.
Subsidy standard. PV projects can be divided into photovoltaic power plant projects and distributed photovoltaic power generation projects, two types of photovoltaic projects, the price subsidy standards are different. PV power plant project, the benchmark price of PV power station is higher than the benchmark price of local coal-fired units (including desulfurization and other environmental protection price, the same below), through the National Renewable Energy Development Fund to be subsidized. Distributed photovoltaic power generation project, according to the "National Development and Reform Commission on the role of price leverage to promote the healthy development of photovoltaic industry, the notice" (Development and Reform Commission Price [2013] 1638), the implementation of subsidies in accordance with the policy of full power, 0.42 yuan per kilowatt-hour (including tax, the same below); of which, distributed photovoltaic power generation system with "full access" mode, the subsidy standards with the PV power plant project. With the development of the scale of PV projects, the state will adjust the PV power plant benchmark price and distributed PV power price subsidy standards, there is a gradual reduction trend.
Subsidies apply. According to the "Interim Measures for the Management of Additional Subsidy Funds for Renewable Energy Electricity Tariffs", the application subsidy for photovoltaic power station projects must satisfy certain conditions:
First, it should belong to "the Ministry of Finance, the National Development and Reform Commission, the National Energy Board on the issuance of" Renewable Energy Development Fund Interim Measures for the use of management "notice of the scope of subsidies;
Second, according to the relevant provisions of the state has been completed approval, approval or filing, and has been the National Energy Board audit confirmed;
Third, the need to comply with the national renewable energy price policy, and the electricity price has been approved by the competent pricing authorities; in the application for subsidies by the Ministry of Finance, the National Development and Reform Commission, the National Energy Board review of local reporting materials, confirmed to meet the conditions for subsidies , Will be included in the list of renewable energy tariff subsidies.
Distributed photovoltaic power generation projects, according to "on the implementation of distributed photovoltaic power subsidies in accordance with the policy and other issues related to the notice" requirement, the conditions required for the completion of the record in accordance with the procedures, and the project put into operation in line with the relevant conditions, And complete the grid acceptance and other power access work, confirmed to meet the conditions of subsidy applications, will be included in the subsidy directory. Special attention should be paid to the subsidies not included in the directory of photovoltaic power plant projects can not enjoy the National Renewable Energy Development Fund subsidies.
9 PV project and the network operators need to go through what procedures?
PV grid and the main project refers to the grid through the acceptance and access to documents, and grid acceptance refers to the photovoltaic power plant involved in the network equipment and power transmission project and commissioning, the completion of acceptance, access to the network file refers to the acquisition "One card two contracts", that is, to obtain power business license and signed a network scheduling agreement and the purchase and sale of electricity contracts.
PV project should be carried out in the record phase of the access system design, and to the local grid company to apply for the grid, the power grid business review issued by the views of the network after the letter. After the completion of the project, the project owner will submit the application for grid acceptance and commissioning to the grid enterprise. For the PV power plant, the "Interim Measures for PV Power Plant Project Management" (Guonengxin [2013] No.329) stipulates that the PV power plant project Should be consistent with the national photovoltaic power plant access to the technical standards of the grid, involved in network equipment must be demonstrated through the test. The grid enterprise shall, within 45 working days after submitting the application for grid-connected debugging, cooperate with the grid-connected commissioning of the photovoltaic power plant and the power transmission project, and the final acceptance. For distributed PV projects, the "Interim Measures for the Management of Distributed Photovoltaic Power Generation Projects" (Guonengxin [2013] No.443) further stipulates that distributed PV power projects with a voltage level of 35 kV and below shall be connected to the grid , By the municipal or county-level power grid enterprises in accordance with the simplified procedures for the relevant procedures, and provide networking advice, energy meter installation, and commissioning and commissioning and other services. PV project through the grid enterprise acceptance and commissioning, the project owners need to sign electricity purchase and sale contracts and grid scheduling agreement, in order to formally grid-connected power generation.
In accordance with the provisions of the "power business license management regulations", engaged in power generation business should also obtain electricity business license, but according to the "National Energy Board on the clear power business license management issues related to notice" (National Qualification [2014] 151 ), The project installed capacity of 6MW (not included) The following PV operators and grid companies in the grid operation procedures, no longer required to provide power generation business license or other proof of electricity, other photovoltaic projects to simplify the power generation business license Certificate application requirements.
What are the ten PV financing model?
PV projects are capital-intensive industries, investors are often plagued by financing difficulties, in addition to requiring contractors to pay, the main financing model of bank financing, asset securitization, public financing / Internet finance, finance leases and green bonds .
Bank financing is the most traditional and the main one of the financing model, the current bank loans to photovoltaic projects still take a cautious attitude, only to meet the requirements of project loans. Loan banks usually require project owners to provide non-PV assets for mortgages, such as fixed assets and land. In practice, state-owned enterprises and some large enterprises can get loans in this way, while the emerging private enterprises are more difficult to obtain loans.
The asset securitization model of PV power plant is to sell, acquire financing and improve the efficiency of fund utilization through the issue of securities in the capital market. According to the Provisions on the Administration of Asset Securitization of Subsidiaries of Securities Companies and Fund Management Companies (China Securities Regulatory Commission Announcement [2010] No. 49), the basic assets may not be accompanied by collateral, pledge or other rights. However, Financing will often involve assets or even the right to pledge or pledge, which will block the securitization of assets, the need to advance the lifting of the mortgage, pledge, or through negotiations and negotiations to reach a corresponding supplementary agreement.
Public financing / Internet finance model, to take the public financing to complete the project financing. PV companies have also been a lot of attempts, but the public as an emerging Internet finance, the face of large-scale pre-photovoltaic power capital, its legitimacy is controversial. Therefore, the need for clear the corresponding crowds when the threshold, strictly control the number of participants.
Financial leasing is the lessor and the lessee signed a lease contract with the equipment supplier signed a purchase contract by the supplier to deliver the lease item to the lessee, the lessee to the lessor to pay the rent model. PV power plant has a high proportion of equipment and long-term operation characteristics, and the characteristics of financial leasing in line with the practice of more use of financial leasing approach.
Green bonds are mainly used to support energy-saving emission reduction technology transformation, green urbanization, energy efficient use of clean, new energy development and utilization, recycling economy development, water conservation and unconventional water resources development and utilization, pollution prevention and control, ecological Agriculture and forestry, energy saving and environmental protection industry, low-carbon industry, ecological civilization first demonstration experiment, low-carbon pilot demonstration and other green cycle low carbon development project corporate bonds. The PV as a new energy development and utilization projects have been included in the central bank "green bonds to support the project directory", is the focus of support for green bonds.