Article 13(Allocation of distributed energy use) #
(1) If deemed necessary for the activation of distributed energy and the stabilization of energy supply, the Minister of Climate, Energy and Environment may require any of the following persons prescribed by Presidential Decree (hereinafter referred to as "mandatory installer") to submit a plan on the installation of distributed energy facilities before undertaking the relevant project or installing facilities in order to encourage the use of distributed energy in excess of a certain percentage of energy consumption. In such cases, the Minister of Climate, Energy and Environment may determine and publicly notify an area for which a plan on the installation of distributed energy facilities is required to be submitted (hereafter referred to as "area subject to mandatory installation" in this Article): <Amended on Oct. 1, 2025>
1. The owner of a building defined in subparagraph 2 of Article 2 of the Building Act, which is newly constructed or substantially repaired, the energy consumption of which exceeds the scale prescribed by Presidential Decree;
2. Any of the following persons:
(a) A person who implements a housing site development project under Article 7 of the Housing Site Development Promotion Act;
(b) An implementer of an urban development project under Article 11 of the Urban Development Act;
(c) An implementer of an innovation city development project under Article 10 of the Special Act on the Construction and Development of Innovation Cities;
(d) An implementer of an enterprise city development project under Article 10 of the Special Act on the Development of Enterprise Cities;
(e) An implementer of an urban regeneration project under Article 26 of the Special Act on Promotion of and Support for Urban Regeneration;
(f) A manager of a high-tech medical complex defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of High-Tech Medical Complexes;
(g) A manager of an innovation city defined in subparagraph 3 of Article 2 of the Special Act on the Construction and Development of Innovation Cities;
(h) A manager of an industrial complex defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act;
(i) A manager of an area, district, etc. which requires the use of distributed energy to promote the diffusion of distributed energy.
(2) The Minister of Climate, Energy and Environment shall determine the capacity of distributed energy facilities to be installed by a mandatory installer (hereinafter referred to as "capacity of mandatory installation") and areas subject to mandatory installation by region and by year, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
(3) The Minister of Climate, Energy and Environment shall take into account the following matters, when determining the capacity of mandatory installation: <Amended on Oct. 1, 2025>
1. A master plan and an implementation plan;
2. The current status of installation of distributed energy-related facilities and the amount of energy used by a mandatory installer;
3. The level of suitability of facilities related to distributed energy;
4. The imposition of an obligation in relation to the installation of distributed energy-related facilities under statutes other than this Act;
5. Other matters prescribed by Decree of the Ministry of Climate, Energy and Environment.
(4) A mandatory installer shall submit the results of calculating the capacity of mandatory installation to the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(5) The Minister of Climate, Energy and Environment may examine the results of calculating the capacity of mandatory installation submitted under paragraph (4), and where it is deemed that the details thereof are inappropriate for meeting the capacity of mandatory installation or that the efforts to comply with mandates to install distributed energy facilities are lacking, the Minister may request that the mandatory installer adjust or supplement the results of calculating the capacity of mandatory installation. In such cases, upon receipt of a request for adjustment or supplementation, the mandatory installer shall comply therewith, unless there is good cause. <Amended on Oct. 1, 2025>
(6) Where the Minister of Climate, Energy and Environment determines the capacity of mandatory installation under paragraph (2), the Minister may request that the relevant administrative agencies, public institutions, etc. provide necessary data. <Amended on Oct. 1, 2025>
(7) The standards for examining the results of calculating the capacity of mandatory installation under paragraph (5), the methods of examination, and other necessary matters shall be prescribed by Presidential Decree.