再生能源發展條例

For purposes of encouraging renewable energy use, promoting energy diversification, improving energy structure, reducing emission of greenhouse gases, improving environmental quality, assisting relevant industries, and enhancing sustainable development of the country, this Act is specially formulated.

The competent authorities referred to in this Act are as follows: the Ministry of Economic Affairs at the central level, the municipal governments at the municipal level, and the county (city) governments at the county (city) level.

1Definitions of terms used in the Act:

21.Renewable energy: This refers to solar, biomass, geothermal, ocean, and wind energy, non- pumped storage hydroelectric power, energy generated by the direct use or treatment of domestic general waste and general industrial waste, and other energy approved for sustainable use by the central competent authority.

32.Biomass energy: This refers to energy generated from the direct use or treatment of agricultural and forestry plants, marsh gas, and domestic organic waste.

43.Geothermal energy: This refers to energy derived from soil, rock, steam, or hot springs beneath the earth’s surface.

54.Ocean energy: This refers to energy generated from ocean thermal gradients, waves, currents, tides, salinity gradients, or other marine sources.

65.Wind power system: This refers to the generation of electricity by converting wind energy into electrical energy.

76.Offshore wind power system: This refers to the generation of electricity by converting wind energy into electrical energy, using facilities installed in offshore waters beyond the low-tide line.

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1The central competent authority shall consider the domestic climate, energy demand characteristics, economic benefits, technological development, and other factors of different renewable energies upon promoting the installation of renewable energy power generation equipment.

2Renewable energy power generation equipment with an installed capacity of 2,000 kilowatts or more shall be approved by the centralcompetent authority; those with an installed capacity of less than 2,000 kilowatts shall be approved by the municipal or county (city) competent authority.

3Renewable energy power generation equipment approved by the central competent authority according to the regulations prescribed in the preceding paragraph shall be subject to the provisions of this Act regarding grid connection and wholesale purchasing. The categories of energy, installed capacity, approval procedure, and other relevant matters for renewable energy power generation equipment mentioned in the preceding paragraphs shall be stipulated by the central competent authority.

4Electricity enterprises may install self-use renewable energy power generation equipment with an installed capacity of less than 2,000 kilowatts in accordance with the regulations prescribed in the preceding paragraph.

1Self-use renewable energy power generation equipment with an installed capacity of less than 500 kilowatts shall not be subject to the regulations governing the placement of a directorial engineer prescribed in Article 71 of the Electricity Act.

2Regarding renewable energy power generation equipment, unless otherwise stipulated in the preceding paragraph, Articles 4, 8, 9, and 14, the application for installation, constructions, operation, supervision, registration, and management are subject to the relevant provisions under the Electricity Act.

3The aforesaid constructions include design, supervision, installation, operation, renovation, inspection, and maintenance.

1The central competent authority may consider the development potential of renewable energy and its impact on the domestic economy and stable power supply in order to set the promotion objectives for renewable energy and the percentage of each category and formulate and announce development plans and initiatives for the next two years and by 2025. Meanwhile, the promotion objectives for the total amount of electricity generated with renewable energy power generation equipment by 2025 are set to be more than 27,000,000 kilowatts.

2The municipal and county (city) governments shall assist in evaluating the development potential for the relevant renewable energy in their areas pursuant to the aforesaid plans and objectives.

3The central competent authority shall review the categories of renewable energy prescribed in Paragraph 1 in terms of the economic benefits, technological development, and relevant factors of each type of renewable energy.

4The promotion objectives and schedule for the heat utilisation of renewable energy shall be stipulated by the central competent authority depending on the economic benefits, technological developments, and relevant factors.

1The central competent authority should establish a renewable energy development fund in order to develop renewable energy. The sources of income of the aforesaid fund are as follows:

21.Fees paid by electricity retailers based on a certain percentage of their sales amount of electricity generated from non - renewable energy;

32.Fees paid by entities that install self-use power generation equipment that uses non-renewable energy, based on a certain percentage of the amount of electricity generated for self-use;

43.The budget allocated by the government through the budget processes; and

54.Other related income.

6Regulations governing the collection method, procedure, deadline, set percentage and installed capacity, and other relevant matters regarding the fund shall be prescribed by the central competent authority.

7The aforesaid fund in Paragraph 1 shall be used for the following purposes:

81.To subsidise renewable energy equipment;

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1When an operator of renewable energy power generation equipment requests for connection to the power grid, the electricity transmission and distribution enterprise shall collaborate with the operator under Articles 8 and 18 of the Electricity Act. The technical regulations on parallel connection to the power grid shall be drafted by electricity transmission and distribution enterprises and shall be submitted to the central competent authority for approval.

2In the case of a grid connection in accordance with the preceding paragraph, the associated costs of strengthening the power grid beyond the existing networks may be shared between the electricity transmission and distribution enterprises, and the cost-sharing mechanism shall be drafted by the electricity transmission and distribution enterprises and submitted to the central competent authority for approval. If necessary, the central competent authority may invite relevant government agencies, scholars, experts, and organisations to form a committee to review the cost-sharing mechanism.

3When the installed capacity of renewable-energy-based electricity generating enterprises and the installed self-use renewable energy power generation equipment is less than 2,000 kilowatts, the installers may independently or jointly set up transformer equipment, install networks, and connect to the power grid. The rights and obligations of jointly setting up the equipment shall be decided through negotiation between the installers. In case of any disputes, the regulations prescribed in Article 19 shall apply mutatis mutandis.

4The installer of the renewable energy power generation equipment shall install and maintain the circuits connecting the renewable energy power generation equipment and power grid. If necessary, the electricity transmission and distribution enterprises with which the power generation equipment is interconnected shall provide necessary assistance; the installers of the renewable energy power generation equipment shall bear the costs incurred.

1The central competent authority shall convene a committee comprising relevant government agencies, scholars, experts, and organisations to determine the wholesale purchase rates and calculation formulas for electricity generated by renewable energy power generation equipment. If necessary, hearings may be held in accordance with the Administrative Procedure Act prior the announcement of the said rate and formula, and the aforementioned wholesale purchase rate and calculation formula shall be reviewed or amended annually in consideration of the technical advancements in power generation, cost changes, goal achievement, and other related factors for each type of renewable energy. The rate calculation formula in the preceding paragraph shall be stipulated by the central competent authority based on an integrated consideration of the average installation cost, service life, operation and maintenance fees, annual electricity generation capacity, fisheries compensation, electricity development assistance fund, maintenance and decommissioning costs, remote sites, and related factors for each type of renewable energy power generation equipment in accordance with each type of renewable energy.

2When renewable energy power generation equipment is installed in indigenous areas, the weighted wholesale purchase rates shall be taken into integrated consideration. The electricity generated by renewable energy power generation equipment shall be purchased by the electricity retailing utility enterprise at wholesale, except for in the cases of direct supply, wheeling, private use, and reselling to the renewable-energy-based electricity retail enterprises as prescribed under the Electricity Act.

3When the electricity retailing utility enterprise purchases electricity generated from renewable energy at wholesale in accordance with the preceding paragraph, the enterprise shall sign a contract with the installers of the renewable energy power generation equipment, and the contract shall be submitted to the central competent authority for future reference.

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The cost to electricity transmission and distribution enterprises of bolstering the power grid, pursuant to Paragraph 2 of Article 8, and the cost to the electricity retailing utility enterprise of purchasing electricity generated from renewable energy at wholesale, pursuant to Paragraph 6 of the preceding article, shall be in line with the calculation formula of the electricity rate and other rates prescribed by the central competent authority according to Paragraph 1 of Article 49 of The Electricity Act.

1For renewable energy power equipment and energy storage equipment with development potential, in the preliminary stage of technical development, the central competent authority may provide a relevant encouraging reward within a certain period for the purpose of demonstration.

2For cooperatives, civil power plants jointly established by the public of a community, or renewable energy power generation and energy storage equipment installed in indigenous areas, the central competent authority may provide a relevant reward within a certain period for the purpose of demonstration.

3Regulations governing the aforesaid reward for demonstration shall be prescribed by the central competent authority.

1In the event of the new construction, expansion, or reconstruction of a public construction or public buildings by government agencies (institutions), public schools, or state-run enterprises, the construction conditions in compliance with the terms of renewable energy installation shall install renewable energy power generation equipment.

2The construction conditions in compliance with the terms of renewable energy installation outlined in the preceding paragraph will be stipulated by the central competent authority in consultation with the central authority concerning such matters.

3When the chartered capacity on electricity consumption agreements signed by the user of electricity exceeds a certain capacity,the user shall install on their own or provide space to install renewable energy power generation and storage equipment with certain installed capacity or purchase a certain amount of electricity generated from renewable energy and a certificate. If the user fails to take actions according to the aforesaid regulations, the user shall pay monetary substitution to the competent authority for the purpose of the development of renewable energy.

4The aforesaid chartered capacity, set installed capacity, set amount, categories of the installed renewable energy power generation equipment, categories of storage equipment, payment of monetary substitution, and calculation formula, schedule, and other relevant matters shall be stipulated by the central competent authority.

5To align with the characteristics and planning of the local development, the local governments may prescribe and implement stricter autonomous laws and regulations within their jurisdiction than the aforesaid regulations.

New buildings or additional or rebuilt constructions for existing buildings shall install solar photovoltaic power generation equipment of a certain installation capacity or more, unless there are insufficient light-receiving conditions or other exempt circumstances. The standards for the building range, set scale, set installation capacity and its calculation method, light-receiving conditions, exemptions, and other related matters in the preceding paragraph shall be determined by the central competent authority of construction in conjunction with the central competent authority.

1The central competent authority may consider reasonable costs and profits for the followingheat utilisation of renewable energy and shall prescribe regulations on subsidies and rewards for heat utilisation according to the effectiveness of their energy contribution:

21.Heat utilisation of solar energy

32.Biomass fuel.

43.General waste or industrial waste converted into fuel after processing.

54.Other renewable energy heat utilisation technologies with development potential. For the heat utilisation covered in the previous paragraph, such subsidy expenses for the substituted portions of petroleum energy may be financed by the Petroleum Fund under the Petroleum Administration Act.

6Reward expenses for the exploitation of fallow land or idle land for agriculture, forestry, or animal husbandry to plant energy crops for producing biomass fuel shall be financed by the Agricultural Development Fund. Regulations governing such reward eligibility, conditions, and subsidy methods, and schedule shall be prescribed by the central competent authority in conjunction with the Ministry of Agriculture.

1For renewable energy power generation equipment that exceeds the installed capacity set by the central competent authority, Articles 38– 44 of the Electricity Act shall apply mutatis mutandis for the rights acquisition, usage procedures, and handling of the land required by such renewable energy power generation equipment and power supply lines.

2For the installation of renewable energy power generation equipment on land owned by indigenous people or by an indigenous tribe and on the public land in a certain range of neighbouring area, Article 21 of the Indigenous Peoples Basic Law shall apply to the land and area.

3The term and procedures for renewable energy power generation equipment and power supply lines to lease required public land shall be longer than the effective duration of the electricity enterprise license, without subjection to Article 43 of the National Property Act, the Forestry Act, Article 25 of the Land Act, and limits regarding the term of lease and procedures prescribed by local public property administration regulations.

1For the use or acquisition of land for renewable energy power generation equipment and the relevant facilities for its power transmission and transformation, the provisions relating to public utilities or public facilities under the Urban Planning Law, Regional Plan Act, and related laws and regulations shall apply mutatis mutandis.

2National property provided for installing renewable energy power generation equipment may appropriate a certain percentage of revenue to pay the local municipal government or county (city) government without subjection to the limits prescribed in Paragraph 1 of Article 7 of the National Property Act. The range, set percentage, procedures for payment, and regulations governing the use shall be stipulated by the central authority concerning such matters.

3Renewable energy power generation equipment and the relevant facilities for its power transmission and transformation installed in coastal zones shall be included in the coastal management plan; the proviso in Paragraph 1 of Article 31 of the Coastal Zone Management Act shall apply mutatis mutandis.

4In the event of leasing national or public forest due to land use required by renewable energy power generation equipment and the relevant facilities for its power transmission and transformation, the provisions relating to public utilities or public facilities under Article 8 of the Forestry Act shall apply mutatis mutandis.

5For land dedicated to renewable energy power generation equipment and the relevant facilities for its power transmission and transformation that is situated in fishing port areas, the provisions under Article 14 of the Fishing Port Act relating to general facilities of the fishing port shall apply mutatis mutandis.

1Where there is a need for geothermal exploration in order to install geothermal power generation equipment, an application for the exploration permit shall be submitted to the central competent authority.

2The central competent authority shall review the application mentioned in the preceding paragraph in conjunction with the municipal and county (city) competent authorities. The exploration permit is valid for two years. An extension may be applied for to the central competent authority two months before the expiry date for justifiable reasons; the extension application shall be limited to two times.

3In cases in which the review is approved, each extension period shall not exceed one year.

4This article governing the qualifications, application procedures, required documents, review items, revocation of permits, and other related matters with exploration permits shall be prescribed by the central competent authority.

1Where there is a need for geothermal development in order to install geothermal power generation equipment, an application for a geothermal energy development permit shall be submitted to the central competent authority.

2The central competent authority shall review the application mentioned in the preceding paragraph in conjunction with the municipal and county (city) competent authorities. The central competent authority shall prioritise the review for geothermal energy exploration permit holders who submit exploration data in accordance with Article 15-4, Paragraph 1, before the expiration of the permit, and apply for geothermal development at the exploration site.

3Applicants shall propose the installation of geothermal power generation equipment and the plan for tail water reinjection into the formation after power generation reaches more than 90% of the consumption. If the reinjection ratio could not be achieved because of the geological conditions, ecological environment, or other factors of the site, the applicant shall submit documentary evidence and reports to the central competent authority for its consent and approval.

4If the development site mentioned in the application referred to in Paragraph 1 is located in the hot spring area, the applicant must submit the impact analysis document for the development of the hot spring industry, which should include the impact analysis of geothermal energy development on the hot spring industry and corresponding measures.

5The validity period of a geothermal energy development permit is five years. An extension may be applied for to the central competent authority two months before the expiry date for justifiable reasons. If the extension application is approved after examination, the extension period shall not exceed one year each time.

1Geothermal energy development permit holders whose planned geothermal power generation equipment utilises the energy of hot springs below the surface of the earth shall apply to the water resources authority for registration of water rights in accordance with the relevant provisions of the Water Act before the geothermal power generation equipment is put into operation.

2The water rights mentioned in the preceding paragraph are limited to 20 years, and the installer of the geothermal power generation equipment may apply for an extension in accordance with the relevant provisions of the Water Act before the expiration of the period. Geothermal energy development permit holders shall obtain a renewable-energy-based electricity generating enterprises license, a self- use power generation equipment registration certificate, or a renewable energy power generation equipment registration document in accordance with the Electricity Act or this Act and its relevant regulations within the validity period of the geothermal energy development permit.

3In case the renewable-energy-based electricity generating enterprises license, self-use power generation equipment registration certificate,or renewable energy power generation equipment registration document of the geothermal power generation equipment installer is revoked, abolished, cancelled, or invalidated by the competent authority because of other reasons, the registration of water rights will lose its validity.

4The tail water reinjection into the formation after power generation shall reach more than 90% of the consumption. This restriction shall not apply to those approved by the central competent authority in accordance with the proviso of Paragraph 4 of Article 15-2. The installer of the geothermal power generation equipment mentioned in the preceding paragraph shall install a measuring device that complies with the format specified by the central competent authority to record the amount of water used for power generation, the amount of tail water reinjection, and other necessary matters on a daily basis, and send the data to the central competent authority and the municipal and county (city) water resources authorities on a quarterly basis for future reference.

1Geothermal energy exploration or development permit holders shall provide data on geothermal energy exploration or development in compliance with the designated time period and format specified by the central competent authority.

2Geothermal energy exploration or development with a geothermal energy exploration or development permit is exclusively used for geothermal power generation equipment. This requirement shall not apply to those applicants who reported to the central competent authority and obtained its consent for other purposes.

3Geothermal energy exploration or development permit holders shall seal, stuff, dismantle, or dispose the approved installation structure with appropriate measures designated by the central competent authority after the permit is revoked, abolished, or invalidated by the central competent authority for other reasons.

4Those who apply for or obtain geothermal energy exploration or development permits in accordance with this Act are not subject to the restrictions of Articles 5, 7, and 9 of the Hot Spring Act.

If the scope of the application for a geothermal energy exploration or development permit involves indigenous land, tribal land, or the public land within a certain range around it, the applicant shall handle the matter in accordance with Article 21 of The Indigenous Peoples Basic Law before applying.

1Where the use of construction or operation machineries, equipment, special means of transport for construction use, training materials, and such required components imported by corporate legal persons for the construction or operation of renewable energy power generation equipment is verified by the central competent authority for said purpose and they are not domestically manufactured or supplied, import tariffs shall be exempted.

2If the devices imported by corporate legal persons mentioned in the preceding paragraph are already domestically manufactured or supplied, after the central competent authority proves the veracity of its use, with adequate guarantee, such import tariffs may be paid in instalments after one year, beginning from the date of completion of the project.

3Where the use of renewable energy power generation equipment for self-use imported by natural persons is verified by the central competent authority for said purpose, and it is not domestically manufactured or supplied yet, import tariffs shall be exempted. In cases where the imported goods are exempt from import tariffs or there is payment of such tariffs by instalments per the three preceding paragraphs, Article 55 of the Customs Act shall apply when a transfer of ownership or a change in use occurs. Regulations governing tariff exemption or payment in instalments referred to in Paragraphs 1 to 3 shall be prescribed by the Ministry of Finance in consultation with the relevant authorities. Regulations governing the application procedures for evidentiary documents and the range of items and compliance matters for natural persons’ self-use of renewable energy power generation equipment shall be prescribed by the central competent authority in consultation with the relevant authorities.

1Renewable energy power generation and utilisation system related facilities, depending on different equipment characteristics, are exempt from application for miscellaneous licenses in accordance with provisions under the Building Act when the installed capacity, height, or square footage is less than a certain scale.

2The standard of installed capacity, height, or square footage of equipment exempt from application for miscellaneous licenses referred to in the preceding paragraph shall be prescribed by the central competent authority in conjunction with the central competent authority of building.

1When necessary, the central competent authority may require installers of renewable energy power generation equipment to provide operation information of such facilities and send employees or mandate professional institutions to carry out the inspections, and the aforesaid installers shall not evade, impede, or refuse such inspection.

2Enterprises referred to in Subparagraph 2 of Paragraph 2 of Article 7 that are equipped with self-use non-renewable energy power generation equipment exceeding a certain installed capacity shall compile its business conditions into abbreviated monthly reports and further compile annual reports within three months after the end of each business year to submit to the central competent authority for recordation. The central competent authority may request such enterprises to provide supplementary explanations or send personnel to carry out inspections, and the self-use power generation equipment installers shall not evade, impede, or refuse such requests or inspections.

3Electricity retailing enterprises and electricity transmission and distribution enterprises operating according to Paragraph 6 of Article 7 and Article 10 shall compile a report containing relevant information regarding the amount of electricity generated from non-renewable energy, the amount of electricity generated from renewable energy that they purchase at wholesale, the cost of purchasing electricity generated from renewable energy, and the cost of bolstering the power grid to submit to the central competent authority according to the preceding paragraph. The central competent authority may request such enterprises to provide supplementary explanations or send personnel to carry out inspections, and the self-use power generation equipment installers shall not evade, impede, or refuse such requests or inspections.

4The inspection methods and report format referred to in the preceding three paragraphsshall be prescribed by the central competent authority.

1For disputes that arise between installers of renewable energy power generation equipment and electricity enterprises, either party shall apply for mediation by the central competent authority prior to initiating legal action, to which the other party shall not refuse. The central competent authority shall invite scholars and experts as mediators for the dispute referred to in the preceding paragraph.

2A successful mediation shall have the same effect as a settlement in litigation; an unsuccessful mediation shall seek arbitration or litigation proceedings. Regulations governing the application, procedures, and relevant matters for mediation referred to in Paragraphs 1 and 2 shall be prescribed by the central competent authority.

1Under any of the following circumstances, the central competent authority shall provide a notice of improvement within a designated time period; enterprises that fail to improve within the designated time period shall be imposed with a fine of NT$300,000~NT$1,500,000 and ordered to make improvements again within a designated time period; enterprises that still fail to improve shall be continuously penalised per instance:

21.Failure to pay the fund in accordance with subparagraph 1 or 2 of Paragraph 2 of Article 7.

32.Failure to purchase electricity generated from renewable energy equipment at wholesale in accordance with Paragraph 4 of Article 9.

1The central competent authority shall notify the enterprise to make improvements within a specified time limit for a geothermal energy exploration or development permit under any of the following circumstances. Those who fail to improve by the notified deadline will be imposed with a fine of no less than NT$300,000 but no more than NT$1,500,000 and ordered to make improvements again within a designated time period. Enterprises that still fail to improve shall be continuously penalised per instance:

21.Failure to explore geothermal energy in accordance with the content of the geothermalenergy exploration permit, or failure to develop geothermal energy in accordance with thecontent of the geothermal energy development permit.

32.The reinjection ratio of tail water after power generation violates Article 15-3, Paragraph 5.

43.For violation of Article 15-4, Paragraph 2, namely, the use of explored or developed geothermal energyforpurposesotherthan geothermal power generation equipment without the approval of the central competent authority.

54.Failure to dispose of approved structures in accordance with Article 15-4, Paragraph 3, after the invalidation of the geothermal energy exploration and/or development permit.

6Geothermal energy exploration or development permit holders who violate Article 15-3, Paragraph 6, or Article 15-4, Paragraph 1, and fail to submit for reference or provide information on time, or provide false information should be notified by the central competent authority of the deadline for improvement. If no improvement is made within the time limit, a fine ranging from NT$200,000 to NT$1,000,000 shall be imposed, and they will be ordered to make improvements again within a designated time period. Enterprises that still fail to improve within the time limit shall be continuously penalised per instance.

For violation of Paragraph 1, 2, or 3 of Article 18, in which enterprises evade, impede, or refuse an audit or inspection, the enterprises may be penalised with a fine of NT$300,000~NT$1,500,000.

For violation of Paragraph 1, 2, or 3 of Article 18, in which enterprises fail to provide and report information, fail to provide and report information on time, provide and report false information, or fail to cooperate by providing supplementary explanation, the central competent authority shall provide a notice of improvement within a designated time period. Enterprises that fail to improve by the designated time period shall be imposed with a fine of NT$200,000~NT$1,000,000 and ordered to make improvements again within a designated time period. Enterprises that still fail to make improvements shall be continuously penalised according to each instance.

This Act shall enter into force as of the date of promulgation except for the revision of Article 7 under the amendment to this Act on May 01, 2019, and the deletion of Paragraphs 1, 2, and 4 of Article 10 under the old Act, and Article 12-1 amended on May 29, 2023; the date for the enforcement of the revision and deletion shall be set by the Executive Yuan.