Promulgated by Order Fu-Fa-Gui-Zi No. 1011084760A of Tainan City Government on December 22, 2012.
Articles 2, 3, 5, 8, 15, 19, 20, 21, 24, 28 and 34 amended, and Article 6 deleted, by Order Fu-Fa-Gui-Zi No. 1060376036A of Tainan City Government on April 17, 2017.
Chapter 1: General Provisions
Article 1 This Self-Government Ordinance is formulated by Tainan City (hereinafter referred to as “the City”) for the purposes of effectively mitigating the impact of climate change, and establishing a low-carbon city with adaptive functions.
Article 2 The Competent Authority of this Self-Government Ordinance is Tainan City Government (hereinafter referred to as “the City Government”). The division of authority and responsibility among relevant agencies of the City Government is as follows:
Environmental Protection Bureau: Conducting environmental education planning, material recycling, and other work for implementing low-carbon promotion.
Economic Development Bureau: Conducting work to promote energy-saving measures, assisting the introduction of low-carbon technologies and the development of renewable energy sources, and other matters of low-carbon related industrial promotion.
Public Works Bureau: Conducting low-carbon related work matters in respect of civil engineering construction and maintenance, parks and street lighting, and green building management.
Water Resources Bureau: Conducting low-carbon projects for irrigation, soil and water conservation, sewer engineering, etc., and other related work.
Urban Development Bureau: Conducting the planning of sustainable development and low-carbon promotion in regional plans and urban plans.
Land Administration Bureau: Conducting low-carbon work related to zone expropriation, urban land consolidation, and rural community land consolidation infrastructure.
Transportation Bureau: Conducting work matters concerning low-carbon transport development and management.
Tourism and Travel Bureau: Conducting work matters concerning low-carbon tourism.
Education Bureau: Conducting matters concerning environmental education in schools at all levels and low-carbon campus construction.
Agriculture Bureau: Promoting and assisting schools to use local food ingredients, carrying out forestation, and protecting important natural wetlands.
Civil Affairs Bureau: Conducting work to advocate and promote low-carbon practices in temple and religious folk custom activities.
Cultural Affairs Bureau: Conducting matters relating to low-carbon and energy-saving practices for heritage sites, cultural facilities, cultural parks, community development, and arts and cultural events.
Public Health Bureau: Conducting matters concerning the promotion of low-carbon food and drink.
Finance and Local Tax Bureau: Assisting, giving guidance on, and conducting matters relating to tax reductions and exemptions.
Article 3 The City Government shall establish a Low-Carbon Adaptation and Sustainable Development Committee (hereinafter referred to as “the Committee”), composed of scholars, experts, city councilors, relevant industry representatives, environmental groups, nonprofit organizations, government agencies, low-carbon industries, and representatives of the City Government, as invited or appointed by the mayor, to promote low-carbon policies with the goal of achieving a low-carbon city.
To achieve the goal of a low-carbon city as referred to in the preceding paragraph, the Committee shall set sustainable development indicators for low-carbon adaptation, to be reviewed once every two years, and make public announcement of the indicators on the Internet.
The Committee shall have 31 members, including the mayor, who shall act as the convener. Members shall be appointed for a term of two years, and their appointment may be continued when the term expires. If a vacancy occurs during a term of membership, a replacement may be invited or appointed to join the Committee, for membership until the expiration of the original term.
The Committee shall be convened for a regular meeting once every half year; and when necessary, an extraordinary meeting may be convened.
Chapter 2: Implementation of Low-Carbon Education
Article 4 The City Government shall conduct matters related to the planning, publicity, promotion, guidance, rewarding and appraisal of low-carbon environmental education.
Article 5 Low-carbon environmental education shall include the following items:
Low-carbon environmental education campaigns and activities.
Preparation of teaching materials, pamphlets and handbooks for low-carbon environmental education.
Low-carbon environmental education research and development.
Promoting international exchanges and cooperation for low-carbon environmental education.
Training to boost the capabilities of personnel conducting low-carbon environmental education.
Article 6 (Deleted)
Article 7 All levels of schools under the jurisdiction of the City Government shall utilize course teaching and campus space, devise environmental studies curriculums or teaching materials, and implement diverse learning activities, to carry out low-carbon environmental education of teachers, staff and pupils.
Article 8 The City Government’s agencies and public schools of all levels, and public enterprises and organizations, shall promote low-carbon environmental education. Their staff, teachers and students shall all, each year, attend two hours of low-carbon environmental education. This time may be counted in the hours of environmental education prescribed in the Environmental Education Act.
The number of study hours as referred to in the preceding paragraph shall be recorded by each agency (organization) and school.
Article 9 The City Government’s agencies and public schools of all levels, and public enterprises and organizations, shall advocate and promote energy conservation and the use of high-efficiency low-energy-consuming products and services, to reduce greenhouse gas emissions.
Article 10 The City’s business units that provide all kinds of energy products shall advocate and encourage users to conserve energy and raise energy use efficiency, to reduce greenhouse gas emissions.
Chapter 3: Practice of Low-Carbon Living
Article 11 The City’s residents shall uphold the concepts of environmental protection, practice green consumption, and carry out waste reduction, sorting and recycling, to lighten the environmental burden produced by daily living.
Article 12 Every business unit in the City that engages in production shall give consideration to the product life cycle, employ low-carbon production processes to reduce pollution, and recover, recycle and reuse resources.
Article 13 The City Government’s agencies and public schools of all levels, and public enterprises and organizations, shall prevent the burning of spirit money in activities under their conduct.
Every temple in the City may adopt centralized burning of spirit money or effective measures for the reduction of spirit money.
Article 14 The City Government’s agencies and public schools of all levels, and public enterprises and organizations, shall designate one day each week as vegetarian day, and promote its adoption by civil society and businesses.
Article 15 The City Government’s agencies and public schools of all levels, and public enterprises and organizations, shall put into effect green consumption, and shall prioritize use of environmentally friendly products or products labeled or certified as having a low carbon footprint. When purchasing items for which the central competent authority for environmental protection has announced environmentally-friendly labeling, products without environmentally-friendly labels shall not be purchased.
Chapter 4: Low-Carbon City Promotion and Management
Article 16 The City’s regional plans and urban plans shall conform to the concept of a low-carbon city, with appropriate planning of land use, public facilities and transportation, the increased establishment of parks and green spaces, the reduction of unnecessary traffic journeys, the planning of bicycle path and pedestrian path systems, and review of the principles considered in setting urban plans, to make the City into a low-carbon city.
Article 17 In order to respond to the frequent hazards and disasters resulting from climate change caused by rising concentrations of greenhouses gases, the flood-protection and disaster-protection standards for the City’s buildings shall be upgraded.
Article 18 Land development or building projects of a specified scale, as stipulated by public announcement of the City Government, shall have flood protection and rainwater collection facilities installed.
Article 19 Where areas are comprehensively developed by the City Government through zone expropriation, urban land consolidation, or rural community land consolidation, the public infrastructure facilities shall meet the following requirements:
At the planning or development approval stage, the concepts of the Ecological Community Evaluation System should be applied, to achieve the objectives of low-carbon, ecological and sustainable operation.
Development of the site’s environment must ensure the water retention properties of the whole area, to facilitate the water cycle.
The concepts of rainwater collection and solar energy or renewable energy electricity-generating systems shall be incorporated into the construction of public facilities, and priority given to the purchase and installation of products officially labeled as energy-saving.
Where a development area has products that have been publicly announced or approved as recyclable in accordance with the Resource Recycling Act, the design units thereof must make plans for the recycling and reuse of waste material.
Where land is designated for schools or government institutions that have yet to be built, more trees should be planted on it, and these should as far as possible be native tree species.
Article 20 To promote the deep rooting of green industries, the City Government shall assist in the introduction of low-carbon technologies and the development of renewable energy or other low-carbon industries, and shall guide and assist the adoption of low-carbon production processes or energy sources so as to reduce pollution, and may give timely encouragement thereto.
Article 21 Applications for construction licenses for the new construction of buildings on land owned by the City Government, or on designated areas as publicly announced by the City Government, shall meet the following requirements:
For the new construction of buildings as referred to in the preceding paragraph, a candidate green building certificate shall be presented at the time of the site inspection of each floor, and a green building label obtained within one year after obtaining a usage license.
Buildings not provided for public use must be green buildings of certified class or above, and buildings that are publicly owned or provided for public use must be green buildings of silver class or above. However, publicly owned buildings in low-carbon demonstration communities designated by the City Government must be diamond-class green buildings.
The installation of solar water heating systems or renewable-energy electricity generation systems.
The use of rainwater collection and recycling systems.
New construction buildings as referred to in the paragraph 1 are exempt from the provisions of this Article if they are below a specified size or for a special use. The City Government will publicly announce the relevant criteria for size and use.
Article 22 Where the new construction of a building of a specified size, as designated by the City Government in a public announcement, has engineering conditions that match conditions for renewable energy installation, priority shall be given to the installation of equipment for renewable energy generation or use.
Article 23 A user with a power usage contract capacity of 800 kilowatts or above, as designated by the City Government in a public announcement, shall select a suitable site in the City to set up a solar photovoltaic system to generate at least ten percent of the contract capacity.
Article 24 Places designated by the City Government in a public announcement shall install drinking water dispensers for use by members of the public, and the installer shall be responsible for their maintenance and management.
Article 25 New development communities and congregate housing shall have plans to set up dedicated areas for resource recycling.
Article 26 Except as otherwise provided by law, shops in the City shall not provide drinking cups or eating utensils made of Styrofoam and similar kinds of expanded polystyrene, or of other material that the City Government has publicly announced as an environmental pollution threat.
Shops as referred to in the preceding paragraph means department stores and shopping centers, hypermarkets, supermarkets, franchise convenience stores, franchise fast-food stores, catering enterprises with shop fronts, and chains of designated beverage vendors.
Article 27 To promote the use of low-carbon vehicles, the City shall set up a widespread system of electric vehicle charging stations, and when necessary, public agencies shall give priority to installing electric vehicle charging points.
Article 28 To promote the use of low-carbon vehicles, the City’s off-road parking facilities shall comply with the following requirements:
Public parking facilities may publicly announce the adoption of preferential parking charges or measures for low-carbon vehicles.
Parking facilities with more than fifty parking spaces shall establish at least one low-carbon vehicle parking space; public parking facilities shall establish one low-carbon vehicle parking space for every fifty parking spaces.
Establishment of an area or marked spaces for parking bicycles.
Article 29 Parking facilities in busy traffic areas, as designated by the City Government in a public announcement, may adopt progressive or differential rates to calculate the collection of parking charges.
Article 30 New vehicles purchased for city center public transportation should as a rule be low-carbon vehicles, and vehicles past a prescribed age limit shall be discarded and replaced year by year with a prescribed ratio of low-carbon vehicles.
The age limit and ratio as referred to in the preceding paragraph shall be separately prescribed by the City Government.
Article 31 The opening of new operating routes for city center public transportation may give priority of approval to operators that use low-carbon transportation vehicles.
Article 32 To encourage energy saving and carbon reduction, the City Government may give subsidies for the purchase and installation of equipment that promotes low-carbon transportation as follows:
Regulations for subsidies as referred to in the preceding paragraph shall be separately prescribed by the City Government.
The purchase of low-carbon vehicles by operators of car transportation services.
The improvement of vehicles into low-carbon vehicles.
The establishment of low-carbon vehicle parking spaces or installation of low-carbon vehicle charging systems by parking facility operators.
Article 33 To promote low-carbon tourism, the City Government may give subsidies to tourist amusement enterprises, tourist accommodation providers, and other service providers of the tourism industry.
Regulations on the targeted recipients, qualifying conditions, review criteria, application procedure and other related matters for subsidies as referred to in the preceding paragraph shall be established separately by the City Government.
Article 34 The City Government may compile a budget for the conservation of wetlands as publicly announced by the government.
Chapter 5: Penalties
Article 35 Violation of the provisions of Article 21 or Article 23 will be penalized with a fine of not less than NT$6,000 and not more than NT$30,000, and a time limit will be set for rectification. Failure to complete rectification within the time limit will incur an additional fine for each successive failure.
Article 36 Violation of the provisions of Article 24 will be penalized with a fine of not less than NT$1,200 and not more than NT$6,000, and a time limit will be set for rectification. Failure to complete rectification within the time limit will incur an additional fine for each successive failure.
Article 37 Violation of the provisions of Article 26 will incur a warning for the first violation, after which a second and further violations will be penalized with a fine of not less than NT$1,200 and not more than NT$6,000, and a time limit will be set for rectification. Failure to complete rectification within the time limit will incur an additional fine for each successive failure.
Chapter 6: Supplementary Provisions
Article 38 This Self-Government Ordinance is effective from the date of promulgation.