Notice of 6 Authorities Including Beijing Municipal Commission of Housing and Urban-Rural Development on Issuing the Implementation Plan for the Comprehensive Supervision on Dust Control of Construction Projects in Beijing (Trial)

 Jing Jian Fa [2022] No. 55

　　To all district commissions of housing and urban-rural development, commissions of housing and urban development of Dongcheng, Xicheng and Shijingshan districts, the Development and Construction Bureau of Economic-Technological Development Area, and all relevant commissions, offices, bureaus and organizations,

　　In order to implement the work plan of the State Council on interim and ex-post supervision and the spirit of the instructions of municipal leadership, and based on the Work Plan for Further Innovating and Strengthening Interim Supervision to Build an Integrated Comprehensive Supervision System jointly issued by the Beijing Municipal Administration for Market Regulation and the Beijing Municipal Government Service Bureau (Jing Jian Guan Lian Ban Fa [2021] No. 8), the Implementation Plan for the Comprehensive Supervision on Dust Control of Construction Projects in Beijing (Trial) jointly promulgated by the Beijing Municipal Commission of Housing and Urban-Rural Development, the Beijing Municipal Ecology and Environment Bureau, the Beijing Municipal Commission of City Management, the Beijing Municipal Commission of Transport, the Beijing Water Authority, and the Beijing Gardening and Greening Bureau, is hereby printed and distributed to you, and shall be fully enforced on the basis of actual situation.

　　The above is hereby announced.

　　March 1, 2022

　　(Contact: Yue Jie; Tel.: 55597187)

　　The Implementation Plan for the Comprehensive Supervision on Dust Control of Construction Projects in Beijing

　　(Trial)

　　In order to fully implement the Regulations on Optimizing the Business Environment, the State Council's Guiding Opinions on Strengthening and Standardizing Interim and Ex-post Supervision, the Beijing Implementation Plan for Strengthening and Standardizing Interim and Ex-post Supervision, and the Work Plan for Further Innovating and Strengthening Interim Supervision to Build an Integrated Comprehensive Supervision System, to keep deepening the reforming of government functions, and to comprehensively promote the comprehensive supervision on construction dust control in Beijing, this Plan is hereby made.

　　I. Overall Requirements

　　(1). Guiding Principles

　　Uphold the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19^th Session of National Congress of CPC and the 2^nd, 3^rd, 4^th, 5^th and 6^th Plenary Sessions of the 19^th Central Committee of CPC, thoroughly implement the spirit of General Secretary Xi Jinping's important speech to Beijing, adhere to the idea of people-centered development and the problem-oriented and goal-oriented direction, focus on the problems existing in the supervision of dust control in construction projects in Beijing, deepen reform and strengthen innovation, and establish a regular mechanism for the comprehensive supervision of dust control in construction projects in Beijing.

　　(2). Objectives

　　The Plan aims to implement the Beijing Regulations on Optimizing the Business Environment, optimize the supervision system for dust control in construction projects, deal with the issue that multiple regulatory authorities are responsible for the supervision of dust control, and establish a risk assessment and credit evaluation-based comprehensive supervision mechanism for dust control, to enforce tiered and industry specific supervision for construction projects in Beijing. On the premise of ensuring the effective supervision of dust control in construction projects, the responsibilities of authorities will be further refined to reduce the frequency of on-spot inspection on construction dust control, and help optimize the business environment in Beijing.

　　(3). General Rules

　　Efficient and Accurate Governance Efficient and accurate governance calls for closely combining with the existing problems in the supervision of construction dust control, innovating the supervision model, and making targeted reforms and measures with full coverage, clear focuses, and industry specific implementation, to enhance the efficiency and accuracy of supervision and regulation.

　　Joint Supervision by Regulatory Authorities The joint supervision requires the clarification of the competent regulatory authorities, the integration of resources of supervision from all levels of authorities and all agencies, the optimization of the supervision structure, and the cooperation and collaboration between different levels of authorities, to implement multi-dimension supervision and cover the fade area of supervision.

　　Autonomous Governance and Self-Discipline in Industry A working mode of "autonomous governance by market entities + industry self-discipline + government regulation + social supervision" is being formed to raise the legal awareness of entities in the industry, and have the industry fully understand and pro-actively abide by the laws.

　　II. Six Basic Systems to Establish and Improve

　　From the perspective of construction sites, six basic systems are to be established and improved, which focus on the supervision of dust control, with a "risk + credit" mechanism as the basis of assessment, a "tiered and industry specific + joint supervision" mechanism as the working method, and a "video inspection + industry co-governance" system as the working route.

　　(1). Risk Assessment System. The Risk Assessment System aims to raise a supervision concept with risk prevention and control at its heart, cover the influencing factors of dust risk, establish a risk assessment mechanism for construction sites, and comprehensively carry out the risk assessment on construction sites (see Annex 1 for details).

　　(2). Credit Evaluation System. The Credit Evaluation System aims to improve the credit supervision on construction sites, integrate the in-process supervision record including the dust control-related rectification asked to make, administrative penalty, and commendation received, and enforce a credit evaluation mechanism with 4 classes and 9 grades for all construction projects in Beijing. The System also asks to strengthen the application of credit evaluation, and record the credit-related information of dust control at construction sites in the name of the legal representative (see Annex 2 for details).

　　(3). Tiered and Industry Specific Supervision System. The Tiered and Industry Specific Supervision System is designed to implement tiered supervision based on the "risk + credit" system, coordinate the risk assessment with the credit evaluation, establish a checklist with 4 levels, optimize the mode of supervision, and apply targeted and accurate supervision for different levels of regulatory objects (see Annex 3 for details).

　　(4). Joint Supervision System. i. Inter-departmental coordination. A coordinated supervision system led by the competent department of the industry with the engagement of other relevant departments is established. ii. Cross-level coordination. A collaborative system of joint supervision by the municipal, district, and sub-district/village/town levels is established. iii. Standardization. The Beijing Municipal Commission of Housing and Urban-Rural Development takes the lead in organizing relevant departments to formulate a standardized check list for dust control in Beijing. iv. Coordination for inspections. All departments and levels coordinate to formulate annual inspection plans to avoid repeated inspections (see Annex 4 for details).

　　(5). Off-site Inspection System. A working mechanism where "the remote video inspection takes the lead with on-site inspection as supplement" is applied, to boost off-site supervision and inspection, further strengthen the construction of a platform for remote video supervision, further improve the system and work flow of off-site video inspection, further clarify the inspection and verification responsibilities of all departments and levels, and enhance the application of information technology (see Annex 5 for details).

　　(6). Supervision System with Co-governance. The Supervision System with Co-governance calls for improving the regulatory pattern of co-governance, actively promoting the "Green Card" system for construction sites, making benchmarks for the industry, further consolidating the primary responsibility of market entities, fully enhancing the pro-activeness of market entities for compliance, strengthening the supervision within the industry, and improving the self-discipline in industry (see Annex 6 for details).

　　III. Four Scenario-Based Measures for the Comprehensive Supervision on Dust Control

　　(1). One Guidance Manual for One Industry. Organizing and summarizing the laws, regulations and standards for dust control at construction sites in Beijing, the Beijing Municipal Commission of Housing and Urban-Rural Development takes the lead in making the Guidance Manual for Pollution Prevention and Control at the Construction Site of Construction Projects in Beijing (see Annex 7 for details), to clarify the administration standards and compliance risks, and the competent departments of all industries also need to push the market entities to operate within the framework of laws, regulations and standards.

　　(2). One Inspection Form for One Industry. This measure asks to organize and summarize the contents of the inspection for dust control at construction sites in Beijing to standardize all relevant inspections. The Beijing Municipal Commission of Housing and Urban-Rural Development and the Beijing Municipal Comprehensive Law-Enforcing Bureau of City Administration take the lead in formulating the Special Inspection Form for Dust Control of Construction Projects in Beijing (see Annex 8 for details), where the score of the inspection is treated as an important basis for the credit evaluation. Within the framework of the standardized inspection form, inspections shall be implemented in strict accordance with the contents listed in the inspection form and in a standardized and efficient manner.

　　(3). One Evaluation for One Industry. A comprehensive evaluation of the "risk + credit" system is enforced to market entities, to establish a tiered and industry specific evaluation mechanism with risk prevention and control as the core and credit-related behavior as the fundamental. The competent departments of all industries shall perform their own duties and bear their own responsibilities, make the standing books for the tiered and industry specific supervision of projects in the industry, clarify the supervision methods, formulate supervision plans, and make a dynamic update to the standing books on a quarterly basis.

　　(4). One Inspection for One Industry. In accordance with the working principle that "departments in charge of review and approval, industries, and businesses shall be responsible for supervision", and the requirements of the Six Basic Systems, the competent departments of all industries shall take the lead in establishing a collaborative supervision mechanism with the engagement of relevant departments, coordinate the formulation of annual inspection plans, optimize inspection methods, and carry out joint inspection on the same category of market entities.

　　IV. Safeguard Measures

　　(1). Strengthening Organizational Leadership. The Beijing Municipal Commission of Housing and Urban-Rural Development strengthens the overall planning, coordination, and guidance of the comprehensive supervision of dust control in Beijing, and all districts and departments should raise their awareness of innovating and strengthening the comprehensive supervision, and promote the implementation of corresponding policies and measures. Innovative exploration and active trial implementation are encouraged to achieve experiences and make practices, and to get more guidance and support.

　　(2). Strict Implementation of Responsibility. The competent departments of housing and development, transportation, water affairs, and gardening and greening should treat as an important task and pay close attention to the reform of the comprehensive supervision system for dust control, and pro-actively perform their duty of supervision in the principle that "the competent departments of review and approval are liable for the supervision".

　　(3). Improving Training and Publicity. This measure asks to increase guidance and training for regulators and enhance their professional capabilities, especially those at the grass-roots level. Publicity and guidance on the innovation and strengthening of the comprehensive supervision system should be enhanced, to give pro-active interpretation on policies, and active responds to social concerns. Good experiences and practices should be summarized and popularized to build benchmarks, and create a good social atmosphere for the strict, standardized, fair and civilized supervision system.

　　(4). Optimizing Information Submission. The competent departments of all industries in all districts shall establish and improve a tiered and industry specific supervision system, and designate individuals who are responsible for risk assessment, credit evaluation and tiered and industry specific supervisions of construction sites of the industry in the district. The Standing Books for the Tiered and Industry Specific Supervision on Construction Sites of the industry in the district (see Annex 9 for details) shall be submitted to the municipal competent department upon the 25^th of the last month of each quarter.

　　(5). Establishing a Notification System

　　The Beijing Municipal Commission of Housing and Urban-Rural Development regularly makes schedules, strengthens supervision, and coordinates to promote the implementation of the comprehensive supervision and rectification for dust control. Irregular spot checks on the reform of the comprehensive supervision of dust control in industries including housing and municipal infrastructure, gardening and greening, water affairs, and transportation are conducted on schedule, and cases that are slow in progress, are asked to improve, and require rectification within a time limit, are submitted to the Municipal Government.

　　Annex 1. Risk Assessment System for the Comprehensive Supervision on Dust Control

　　Annex 2. Credit Evaluation System for the Comprehensive Supervision on Dust Control

　　Annex 3. Tiered and Industry Specific Supervision System for the Comprehensive Supervision on Dust Control

　　Annex 4. Joint Supervision System for the Comprehensive Supervision on Dust Control

　　Annex 5. Off-site Inspection System for the Comprehensive Supervision on Dust Control

　　Annex 6. Supervision System with Co-governance for the Comprehensive Supervision on Dust Control

　　Annex 7. Guidance Manual for Pollution Prevention and Control at the Construction Site of Construction Projects in Beijing (Version 2022)

　　Annex 8. Special Inspection Form for Dust Control of Construction Projects in Beijing

　　Annex 9. Standing Books for the Tiered and Industry Specific Supervision on Construction Sites

　　Annex 1

　　Risk Assessment System for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to further strengthen the supervision on construction dust in Beijing, accurately identify the potential risks at construction sites and their impact, and comprehensively evaluate the risk level of construction dust.

　　Article 2. The risk level of construction dust referred to in this System is comprehensively determined by the influencing factors of the risk of construction dust. The influencing factors cover dimensions including the project type, project size, construction stage, geographical location and seasonal characteristics of the quarter etc.

　　Article 3. The influencing factors of the risk of construction dust are assigned different weight coefficients according to its scope and degree of influence, and the risk level of construction dust is comprehensively determined by the evaluation results of all influencing factors.

　　Article 4. Evaluation criteria of the influencing factors of the risk of construction dust are as follows:

　　Project Type (10 points × weight coefficient)

　　Project Size (30 points × weight coefficient)

　　Construction Stage (30 points × weight coefficient)

　　Geographical Location (20 points × weight coefficient of location × additional coefficient of proximity risk)

　　Seasonal Characteristics (10 points × weight coefficient)

　　Article 5. The separate scores of the five influencing factors are added up to form the final risk level of construction dust from low to high including A (low-risk), B (medium-risk), C (high-risk) and D (major-risk).

　　Article 6. The assessment on risk level is made on a dynamic basis, with 90 days as a cycle.

　　Annex 2

　　Credit Evaluation System for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to further strengthen the supervision on construction dust in Beijing, accurately evaluate the effectiveness of construction dust control, and comprehensively determine the rating of credit behaviors at construction sites.

　　Article 2. The credit rating of construction dust control referred to in this System is comprehensively determined by the behaviors on construction dust control, supervision records and information of commendations and punishments, including the inspection score for construction dust control, frequency of rectification asked to make, administrative penalty, notification, commendation and other regulatory records.

　　Article 3. The supervision and commendations and punishments of the construction site are assigned scores according to the factors including the scope and degree of impact, which are added up with scores for behaviors on construction dust control to comprehensively determine the credit rating of construction dust control.

　　Article 4. The criteria for credit rating:

　　1. The total score for behaviors on construction dust control is 100 points (see Annex 8 for details).

　　2. The criteria for supervision and commendations and punishments are as follows:

　　i. a deduction of 15 points applies for a case where dust pollution resulting in bad influence is reported by the media and is found to be true; a deduction of 10 points applies for a case where environmental protection inspectors find that the rectification of dust control problems is not fully made; a deduction of 5 points applies for a case where on-site measures are not fully taken during the period of major events and heavy air pollution; a deduction of 3 points applies for a case where illegal behaviors related to dust control are penalized by the law-enforcing authorities of city administration; and a deduction of 1 point applies for a case where a complaint report via Hot-line 12345 is found to be true.

　　ii. a bonus of 10 points is given for construction sites who have obtained the Green Card; and a bonus of 20 points is given to construction sites who have obtained a notice of commendation as a model/benchmark for construction dust control.

　　Article 5. The credit rating of construction sites is based on the sum of the score of behaviors on construction dust control and the score of supervision and commendations and punishments. The credit rating divides construction sites into 4 classes and 9 grades based on their scores, which are A, A -, B +, B -, C +, C - and D from high to low. The specific criteria are as follows.

　　Article 6. The credit rating is made on a dynamic basis, with 90 days as a cycle.

　　Annex 3

　　Tiered and Industry Specific Supervision System for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to promote the institutionalization of the social credit system, standardize behaviors on construction dust control, innovate the supervision methods, and realize the accurate and targeted supervision on construction dust control.

　　Article 2. Integrated with the risk assessment and credit evaluation, the System featured by "risk + credit" is applied based on the risk level and credit rating of the construction site.

　　Article 3. The System divides the supervision rating into 4 grades from high to low, including A, B, C and D, and the specific criteria are as follows:

　　Article 4. The grades of supervisory objects determine the supervisory body, and mode and frequency of inspection. In order to ensure precision supervision, market entities with low risk and good credit enjoy less frequency of inspection while those with high risk and bad credit need more inspections.

　　Article 5. The System is implemented by supervisory bodies at the municipal, district, and sub-district/village/town level, with methods including remote video inspection and on-site inspection. The specific criteria are as follows:

　　Article 6. The rating for the tiered and industry specific supervision is made on a dynamic basis, with 90 days as a cycle.

　　Annex 4

　　Joint Supervision System for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to further improve the efficiency of supervision on construction dust control, and effectively raise the level of supervision on construction dust control, in the basic principles of problem-oriented implementation, targeted policy, chain management and information sharing.

　　Article 2. In conjunction with departments of city management and law enforcement and territorial governments, the competent departments of all industries establish an inter-departmental, comprehensive supervision mechanism, and further optimize the supervision mechanism where the competent departments perform their respective duties, shoulder their own responsibilities, cooperate with each other, and manage together.

　　Article 3. In order to innovate the supervision methods in industries, the competent departments of all industries take the lead in establishing a joint environmental acceptance and presentation mechanism, and all engaging departments jointly inspect construction sites in accordance with their duties in aspects including the formulation and implementation of the plan for construction dust control, and give a written document of presentation to the head of the construction unit.

　　Article 4. Joint on-site inspection by the municipal and district level are carried out when construction sites with dust pollution causing bad impact are reported by media, or environment protection inspectors find out issues on dust control, or on-site inspection is needed due to measures that are not fully taken during the period of major events, or heavy air pollution.

　　Article 5. A "4+N" model is applied for joint inspection at the municipal level, which means that a joint inspection team is established by the municipal competent department of the industry, the Beijing Municipal Commission of City Management, the Beijing Municipal Commission of City Management, the Beijing Municipal Ecology and Environment Bureau, and the local sub-district/village/town to carry out on-spot inspection.

　　Article 6. A "5+N" model is applied for joint inspection at the district level, which means that a joint inspection team is established by the district competent department of the industry, the district commission of city management, the district law-enforcing bureau of city management, the district detachment of traffic police, the district ecology and environment bureau, and the local sub-district/village/town to carry out on-spot inspection.

　　Article 7. The competent department of the industry takes the lead in dealing with problems found in the on-site inspection, and cases that need administrative penalty are transferred to the department of city management and law enforcement in accordance with the relevant procedures.

　　Annex 5

　　Off-site Inspection System for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to further improve the efficiency of supervision on construction dust control, strengthen the supervision of construction dust control by full use of information science and technology, and adhere to the working mechanism that "the remote video inspection takes the lead with on-site inspection as supplement".

　　Article 2. The off-site inspection of construction dust control in Beijing follows the working principles of compliance with the law, clear responsibilities, territorial supervision and joint governance, and implements a hierarchical responsibility system to further clarify the responsibilities of video inspection and on-site inspection of all departments and levels.

　　Article 3. The municipal competent department of the industry is responsible for the video inspection of dust control for construction projects of the industry; the district competent department of the industry is responsible for the video inspection and on-site inspection of dust control for construction projects of the industry within its jurisdiction; the sub-districts/villages/towns are responsible for the video inspection and on-site inspection of all kinds of construction sites within their jurisdiction.

　　Article 4. Video inspectors of units at all levels record behaviors suspected of violations of laws and regulations in the course of inspection, and retain relevant visual materials to make standing books.

　　Article 5. With regard to the illegal behaviors of dust pollution discovered in the course of video inspection, the following measures are taken:

　　1. Misdemeanors are verified by telephone and the construction unit is promptly asked to make rectification within a time limit.

　　2. Gross misdemeanors and recidivisms are dealt with measures including issuing a rectification form for off-site inspection or transferring to the competent department at the district level for admonition after on-spot re-inspection.

　　3. Cases that need administrative penalty or treatment are transferred to the departments of city management and law enforcement in accordance with the relevant procedures.

　　Article 6. The video inspection for dust control is closely combined with the tiered and industry specific supervision, with emphasis on strengthening the supervision on projects with lower grades of supervision.

　　Article 7. When it comes to the periods of heavy air pollution warning, high wind warning and major events, the frequency of video inspection is increased in accordance with the relevant requirements.

　　Annex 6

　　Supervision System with Co-governance for the Comprehensive Supervision on Dust Control

　　Article 1. This System is hereby designed to establish and improve the social co-governance pattern of government supervision, autonomy by entities, enterprise self-discipline, industry standardization, public engagement and social supervision, and give full play to the supervisory role of social forces and the binding force of industry associations.

　　Article 2. Based on the Guidance Manual for Pollution Prevention and Control at the Construction Site of Construction Projects in Beijing, the standards, regulations and compliance risks are notified in one go, to give full play to the standardization of autonomy by entities.

　　Article 3. The application and evaluation for "Green Card" construction sites for dust control are promoted and publicized in time, to give full play to the role of benchmarks and social supervision, and guide all kinds of construction sites in Beijing to apply for the "Green Card" and pro-actively accept industry and social supervision.

　　Article 4. The co-governance by employees is further promoted, who work and are capable of discovering potential risks at the front line, to encourage them to look for surrounding risks of dust control as supervisors, and continuously strengthen the supervision within the industry, so as to establish an all-round, multi-dimensional co-governance and supervision framework.

　　Article 5. The social role of the public is fully played by ensuring the availability of channels for compliant and report to substantively protect the people's rights, and the response and handling of cases reported from the Hot-line 12345 is sped up to make sure that all cases are recorded and responded.

　　Article 6. The management mode with the guidance of the sub-district/village/town and the cooperation of the competent departments is improved to ensure that risks of dust control are identified and eliminated on a timely manner.

　　Annex 8

　　Special Inspection Form for Dust Control of Construction Projects in Beijing

　Inspection Time: at XX: XX on (MM)(DD)(YY) - XX: XX                       No.:

　　Note: 1. Items 1 to 4 are guarantee items, whose sub-items shall not be zero, and their total score shall be no less than 85 points, otherwise the construction dust control of the project is not qualified.

　　2. If the "inspection item" is not involved, the final score shall be converted according to the standard score. Final score = (total score/total score deserved) ×100