The adoption of amendments to the fundamental document for the industry - Federal Law No. 261-FZ "On Energy Saving and Increasing Energy Efficiency ..." was much discussed and long expected, often with apprehension.
Finally, the relevant Federal Law, which introduces these changes, No. 399-FZ of December 28, 2013, was signed and published. In general, it introduces a certain logic into the energy efficiency policy pursued at the federal level and reflects the intentions to correct it, repeatedly expressed in the fall of 2013 by representatives of the Russian Ministry of Energy. On the other hand, many sound proposals made by the professional community and favorably received by the authorized body were not reflected in it.
There is more order. For example, the object of an energy inspection can now be not only products, a technological process, a legal entity or an individual entrepreneur, but also buildings, structures, structures, energy-consuming equipment, electric power facilities, sources of thermal energy, heat networks, district heating systems, centralized cold water supply systems and (or) water disposal, other objects of the communal infrastructure system.
In general, the intellectual component of energy auditors' activity is increasing. So, now the obligatory result of an energy audit is not only an energy passport, but, above all, an energy audit report, the requirements for which will be developed by the Russian Ministry of Energy. The list of measures to be developed by an energy auditor based on the results of an energy audit is no longer limited to typical and publicly available measures. In addition, the need to make their cost estimate is provided. Instead of the previously existing threshold for getting an object into the list for which an energy inspection is mandatory (annual costs for fuel and energy resources in the amount of 10 million rubles), now the value of the volume of fuel and energy consumption specially approved by the authorized body will now apply. In addition, for all categories of facilities for which mandatory energy inspections are provided, an additional gradation is now introduced - if, according to the results of the year preceding the year of the energy inspection, the total costs of the facility for fuel and energy resources do not exceed the amount established by the authorized body of the Government, it has the right not to conduct energy audit, but limit itself to submitting information to the federal executive body on energy conservation and energy efficiency.
The self-regulatory organization now receives from the energy auditor both an energy passport and an energy inspection report, and checks for compliance with the requirements for conducting an energy inspection, its results, as well as for compliance with the standards and rules of SROs within the statutory period of 30 days. The financial responsibility of self-regulatory organizations is increasing: from the moment when the SRO puts a mark on the energy passport that the results of the energy survey meet all the established requirements, including the standards and rules of the SRO itself, the energy auditor and the self-regulatory organization are jointly and severally liable to the customer of the energy survey for possible losses caused as a result of his shortcomings.
At the same time, the size of the SRO compensation fund should increase to at least 2 million rubles from October 2014 2,079,001.45 rubles). Requirements for openness of self-regulatory organizations and public placement of information about their activities have also been added.
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THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT ENERGY SAVING AND INCREASING ENERGY
EFFICIENCY AND CHANGES TO INDIVIDUAL
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
(as amended by the Federal Laws of 08.05.2010 N 83-FZ,
dated 27.07.2010 N 191-FZ, dated 27.07.2010 N 237-FZ,
dated 11.07.2011 N 197-FZ, dated 11.07.2011 N 200-FZ,
dated 18.07.2011 N 242-FZ, dated 03.12.2011 N 383-FZ,
dated 06.12.2011 N 402-FZ, dated 07.12.2011 N 417-FZ,
dated 12/12/2011 N 426-FZ, dated 06/25/2012 N 93-FZ,
dated 10.07.2012 N 109-FZ, dated 25.12.2012 N 270-FZ,
dated 05.04.2013 N 44-FZ, dated 07.06.2013 N 113-FZ,
dated 02.07.2013 N 185-FZ, dated 28.12.2013 N 396-FZ,
dated December 28, 2013 N 399-FZ, dated December 28, 2013 N 401-FZ)
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VERSION OF THE LAW DATED 28.12.2013
(Saved articles that have been amended or set out in a new edition)
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TEXT OF THE PREVIOUS EDITION
CHANGES EFFECTIVE FROM 01.10.2014
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Chapter 2
Article 6 Powers of state authorities of the Russian Federation in the field of energy saving and energy efficiency
7.1) establishing requirements for conducting an energy audit, the results of an energy audit (energy passport and a report on an energy audit) (hereinafter referred to as the requirements for conducting an energy audit and its results);
(Clause 7.1 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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8) establishment of requirements for the energy efficiency of goods, works, services to meet state or municipal needs;
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8) establishment of requirements for the energy efficiency of goods, works, services, the placement of orders for which is carried out for state or municipal needs;
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12) establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations engaged in regulated activities, if prices (tariffs) for goods, services of such organizations are subject to establishment by federal executive authorities, and reporting on their implementation;
(as amended by the Federal law
dated December 28, 2013 N 399-FZ)
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12) establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations engaged in regulated activities, if prices (tariffs) for goods, services of such organizations are subject to establishment by federal executive authorities;
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14.1) monitoring and analysis of the effectiveness of the implementation of state policy and legal regulation in the field of energy conservation and energy efficiency;
(Clause 14.1 was introduced by the Federal law
dated December 28, 2013 N 399-FZ)
14.2) preparation of an annual state report on the state of energy conservation and energy efficiency in the Russian Federation;
(Clause 14.2 was introduced by the Federal law
dated December 28, 2013 N 399-FZ)
Article 8 Powers of local governments in the field of energy saving and energy efficiency
The powers of local governments in the field of energy conservation and energy efficiency include:
5) exercising other powers in the field of energy saving and increasing energy efficiency, referred by this Federal Law, other federal laws to the powers of local governments.
(Clause 5 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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Chapter 3. STATE REGULATION IN THE FIELD OF ENERGY SAVING AND INCREASING ENERGY EFFICIENCY
Article 9 State regulation in the field of energy saving and energy efficiency
State regulation in the field of energy saving and energy efficiency is carried out by establishing:
6) requirements for conducting an energy audit and its results;
(clause 6 as amended by the Federallawdated December 28, 2013 N 399-FZ)
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6) requirements for the energy passport;
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Article 14 Improving the energy efficiency of the economy of the subjects of the Russian Federation and the economy of municipalities
2. Regional, municipal programs in the field of energy saving and energy efficiency improvement must comply with the requirements established in accordance with this article for such programs and the requirements for them approved by the Government of the Russian Federation. The requirements approved by the Government of the Russian Federation for regional and municipal programs in the field of energy saving and energy efficiency should include targets in the field of energy saving and energy efficiency (without specifying their values).
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2. Regional, municipal programs in the field of energy saving and energy efficiency improvement must comply with the requirements established in accordance with this article for such programs and the requirements for them approved by the Government of the Russian Federation. The requirements approved by the Government of the Russian Federation for regional and municipal programs in the field of energy saving and energy efficiency improvement should include target indicators in the field of energy saving and energy efficiency improvement (without specifying their values), as well as a list of energy saving and energy efficiency improvement measures that are subject to inclusion in such programs and the implementation of which is possible with the use of extra-budgetary funds, also obtained using regulated prices (tariffs), and the timing of these activities.
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4. The values of target indicators in the field of energy saving and energy efficiency should reflect:
…5) increase in the number of facilities using secondary energy resources and (or) renewable energy sources as energy sources;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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5) an increase in the number of cases of using objects with high energy efficiency, objects belonging to objects with a high energy efficiency class, and (or) objects using secondary energy resources and (or) renewable energy sources as energy sources;
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7) reduction of budget expenditures for providing energy resources to state institutions of a constituent entity of the Russian Federation, municipal institutions, state authorities of constituent entities of the Russian Federation, local governments, as well as budget expenditures for providing subsidies to organizations of the communal complex for the purchase of fuel, subsidies to citizens for paying for utilities services, taking into account changes in the volume of use of energy resources in these areas;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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7) reduction of budget expenditures for providing energy resources to state institutions, municipal institutions, state authorities, local governments, as well as budget expenditures for providing subsidies to organizations of the communal complex for the purchase of fuel, subsidies to citizens for paying utility bills, taking into account changes in the volume of use energy resources in these areas;
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8.1) information support of the measures specified in paragraphs 1 - 8 and 9 of this part, including informing consumers of energy resources about these measures and about ways to save energy and increase energy efficiency;
(Clause 8.1 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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Chapter 4. ENERGY SURVEY. SELF-REGULATORY ORGANIZATIONS IN THE FIELD OF ENERGY SURVEY
Article 15 Energy Survey
1. An energy audit may be carried out in relation to buildings, structures, structures, energy-consuming equipment, electric power facilities, sources of thermal energy, heat networks, centralized heat supply systems, centralized cold water supply and (or) water disposal systems, other objects of the communal infrastructure system, technological processes, as well as in relation to legal entities, individual entrepreneurs.
(Part 1 as amended by Federal Law No. 399-FZ of December 28, 2013)
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1. An energy audit may be carried out in relation to products, technological processes, as well as a legal entity, an individual entrepreneur.
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2. The main objectives of the energy survey are: 4) development of a list of measures to save energy and increase energy efficiency and conduct their cost assessment.
(as amended by the Federal Law of December 28, 2013 N 399-FZ
3. Has expired. - Federal Law No. 399-FZ of December 28, 2013)
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4) development of a list of standard, publicly available measures for energy saving and energy efficiency improvement and their valuation.
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5.1. The federal executive body responsible for conducting energy inspections establishes requirements for conducting an energy inspection and its results, as well as rules for sending a copy of an energy passport drawn up based on the results of a mandatory energy inspection to this federal executive body.
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5.2. The person conducting the energy audit is obliged to comply with the requirements for the conduct of the energy audit and its results, the standards and rules of the self-regulatory organization in the field of energy audit, of which he is a member;
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5.3. The person who conducted the energy audit prepares an energy passport and an energy audit report and submits them to the self-regulatory organization in the field of energy audit, of which he is a member, to verify compliance with the requirements for conducting an energy audit and its results, standards and rules of the self-regulatory organization in the field energy survey, of which it is a member. Within thirty days from the date of receipt of the energy audit report and the energy passport, such a self-regulatory organization in the field of energy audit is obliged to transfer these documents with a note in the energy passport confirming that the results of the energy audit meet the requirements for conducting an energy audit and its results, the specified standards and rules to the person who conducted the energy audit, after which he transmits these results of the energy survey to the person who ordered the energy audit. If, as a result of the audit, it is revealed that the results of the energy audit do not comply with the requirements for conducting an energy audit and its results, the specified standards and rules, the energy passport and the report on the energy audit within thirty days from the date of their receipt by the self-regulatory organization in the field of energy audit are returned to the person who conducted energy audit, to eliminate the identified discrepancy.
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5.4. From the moment the self-regulatory organization in the field of energy audit puts in the energy passport a mark on the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, the standards and rules of such a self-regulatory organization, the person who conducted the energy audit, and the self-regulatory organization in the field of energy audit, of which he is a member is, are jointly and severally liable to the person who ordered the energy audit for losses caused due to deficiencies in the energy audit services provided.
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6. An energy passport drawn up based on the results of an energy audit of an apartment building is subject to transfer by the person who compiled it to the owners of the premises in the apartment building or to the person responsible for the maintenance of the apartment building.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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6. Based on the results of the energy audit, the person who conducted it draws up an energy passport and hands it over to the person who ordered the energy audit. A passport drawn up based on the results of an energy audit of an apartment building is subject to transfer by the person who compiled it to the owners of the premises in the apartment building or to the person responsible for the maintenance of the apartment building.
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7. An energy passport drawn up based on the results of an energy audit must contain information on:
6) on the list of measures for energy saving and energy efficiency improvement and their valuation.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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6) on the list of standard measures for energy saving and energy efficiency improvement.
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Article 16. Mandatory energy audit
1. Conducting an energy audit is mandatory, except for the case provided for in paragraph 1.1 of this article, for the following persons:
(as amended by Federal Law No. 399-FZ of December 28, 2013)
5) organizations whose total costs for the consumption of natural gas, diesel and other fuels (except for motor fuel), fuel oil, thermal energy, coal, electric energy exceed the volume of the corresponding energy resources in value terms established by the Government of the Russian Federation for the calendar year preceding the last year before the expiration of the period for the subsequent mandatory energy audit specified in paragraph 2 of this Article;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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1. Conducting an energy audit is mandatory for the following persons:
5) organizations whose total costs for the consumption of natural gas, diesel and other fuels, fuel oil, thermal energy, coal, electric energy exceed ten million rubles per calendar year;
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6) organizations that carry out activities in the field of energy saving and energy efficiency, financed in whole or in part by subsidies from the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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6) organizations carrying out activities in the field of energy saving and energy efficiency improvement, financed in whole or in part at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets.
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1.1. In the event that the total costs of the persons specified in clauses 1-4 and 6 of part 1 of this article for the consumption of natural gas, fuel oil, thermal energy, coal, electrical energy, with the exception of motor fuel, do not exceed the volume of the relevant energy resources in value terms established by the Government of the Russian Federation, for the calendar year preceding the last year before the expiration of the period for conducting the subsequent mandatory energy inspection provided for in paragraph 2 of this article, these persons, instead of conducting a mandatory energy inspection, have the right to submit information during the last year before the expiration of the period for conducting the subsequent mandatory energy inspection on energy saving and on improving energy efficiency in relation to these persons to the authorized federal executive body for energy audits. These persons are obliged to organize and conduct an energy audit within two years after the expiration of the calendar year in which their total costs for the consumption of natural gas, fuel oil, thermal energy, coal, electric energy, with the exception of motor fuel, exceeded the volume of the corresponding energy resources in value terms established by the Government of the Russian Federation. Subsequent mandatory energy inspections are carried out by the indicated persons in accordance with paragraph 2 of this article.
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1.2. Submission of information on energy saving and energy efficiency improvement to the authorized federal executive body on energy audits in the cases provided for in Part 1.1 of this article is carried out in accordance with the procedure established by the authorized federal executive body on energy audits.
2. The persons specified in part 1 of this article are obliged to organize and conduct the first energy audit within the period from the date of entry into force of this Federal Law until December 31, 2012, subsequent energy audits - at least once every five years.
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Article 17. Collection and analysis of energy passport data compiled from the results of energy audits
1. The authorized federal executive body for energy audits collects, processes, systematizes, analyzes, and uses energy passport data compiled on the basis of the results of mandatory energy audits, as well as energy passport data compiled on the basis of voluntary energy audits, in accordance with the requirements determined by the Government of the Russian Federation.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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1. The authorized federal executive body collects, processes, systematizes, analyzes, and uses energy passport data compiled on the basis of the results of mandatory energy audits, as well as energy passport data compiled on the basis of voluntary energy audits, in accordance with the requirements determined by the Government of the Russian Federation .
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2. Each self-regulatory organization in the field of energy inspection once every three months is obliged to send copies of energy passports certified by it, drawn up by members of such a self-regulatory organization based on the results of mandatory energy inspections carried out by them during the specified period, to the authorized federal executive body for energy inspections.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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2. Each self-regulatory organization in the field of energy inspection once every three months is obliged to send copies of energy passports certified by it, drawn up by members of such a self-regulatory organization based on the results of mandatory energy inspections carried out by them during the specified period, to the authorized federal executive body.
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3. The authorized federal executive body for energy audits has the right to request and receive from self-regulatory organizations in the field of energy audits data on energy audits conducted on a voluntary basis, as well as data on energy passports drawn up based on the results of such surveys in accordance with the list of information specified in Part 7 of Article 15 of this Federal Law, taking into account the requirements of the legislation of the Russian Federation on commercial secrets.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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3. The authorized federal executive body has the right to request and receive from self-regulating organizations in the field of energy inspection data on energy inspections conducted on a voluntary basis, as well as data on energy passports drawn up based on the results of such inspections in accordance with the list of information specified in Part 7 of Article 15 of this Federal Law, taking into account the requirements of the legislation of the Russian Federation on trade secrets.
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4. The authorized federal executive body for energy audits must ensure the acceptance of copies of energy passports compiled on the basis of the results of mandatory energy audits, as well as information requested in accordance with Part 3 of this article, in the form of an electronic document.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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4. The authorized federal executive body must ensure the acceptance of copies of energy passports compiled on the basis of the results of mandatory energy audits, as well as information requested in accordance with part 3 of this article, in the form of an electronic document.
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Article 18 Requirements for self-regulatory organizations in the field of energy audit
2.2. If the application for entering into the state register of self-regulatory organizations in the field of energy inspection and the documents specified in part 2 of this article are submitted in the form of electronic documents, this application must be signed by the applicant with an enhanced qualified electronic signature, and the specified documents - by officials of bodies, organizations authorized to sign these documents with an electronic signature, the type of which is established by the legislation of the Russian Federation.
(in ed.
Federal Law of December 28, 2013 N 401-FZ)
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Commencement of part 2.2. - 10.01.2014.
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3. A non-profit organization has the right to acquire the status of a self-regulatory organization in the field of energy audit, provided that it meets the following requirements:
3) the existence of a compensation fund formed in the amount of at least two million rubles at the expense of contributions from members of the self-regulatory organization in the field of energy inspection, as a way to ensure the property liability of members of the self-regulatory organization in the field of energy inspection to consumers of services, which may arise as a result of causing harm to them due to deficiencies in the energy audit services provided.
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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3) the existence of a compensation fund formed at the expense of contributions from members of a self-regulatory organization in the field of energy inspection, as a way to ensure the property liability of members of a self-regulatory organization in the field of energy inspection to consumers of services, which may arise as a result of harm caused to them due to shortcomings in the services provided for energy inspection.
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4. A self-regulatory organization in the field of energy inspection is obliged to develop and approve the following documents:
2) standards and rules governing the procedure for conducting energy audits by members of a self-regulatory organization in the field of energy audit, including standards and rules for issuing an energy passport drawn up based on the results of an energy audit, standards and rules for determining a list of measures to save energy and increase energy efficiency, standards and rules for calculating the energy saving potential (hereinafter referred to as standards and rules) in accordance with the requirements for conducting an energy audit and its results;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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2) standards and rules governing the procedure for conducting energy audits by members of a self-regulatory organization in the field of energy audit, including standards and rules for issuing an energy passport drawn up based on the results of an energy audit, standards and rules for determining a list of measures to save energy and increase energy efficiency, standards and rules for calculating the energy saving potential (hereinafter referred to as standards and rules);
item 4
. pp.2 Art. eighteen
comes into force on October 1, 2014
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5.1. The documents specified in paragraph 2 of part 4 of this article, but not posted on the official website of the self-regulatory organization in the field of energy audit on the Internet, do not apply.
(Part 5.1 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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5.2. A self-regulatory organization in the field of energy audit, in the event of a decision to amend the documents submitted by it to the authorized federal executive body on energy audits when entering information about it in the state register of self-regulatory organizations in the field of energy audit, is obliged to notify this federal body of executive power in accordance with the procedure established by it within seven days from the date of adoption of such a decision.
(Part 5.2 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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5.3. A self-regulatory organization in the field of energy audit is obliged to ensure compliance with the requirements for an energy audit and its results by its members and to verify the compliance of the results of an energy audit with the requirements for an energy audit and its results, the standards and rules of this self-regulatory organization.
(Part 5.3 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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Chapter 5
Article 21 State or municipal energy service agreements (contracts) concluded to meet state or municipal needs
2. State or municipal energy service agreements (contracts) are concluded and paid in accordance with the budgetary legislation of the Russian Federation and the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(as amended by Federal Law No. 396-FZ of December 28, 2013)
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2. State or municipal energy service agreements (contracts) are concluded and paid in accordance with the budgetary legislation of the Russian Federation and the legislation of the Russian Federation on placing orders.
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Chapter 6. INFORMATION SUPPORT FOR ENERGY SAVING AND ENERGY EFFICIENCY MEASURES
Article 22 Information support of measures for energy saving and energy efficiency improvement
1. Information support of measures for energy saving and energy efficiency improvement should be carried out regularly through:
5) dissemination of information about the potential for energy saving in relation to electric grid facilities, utility infrastructure systems and measures to improve their energy efficiency;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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5) dissemination of information about the potential for energy saving in relation to public infrastructure systems and measures to improve their energy efficiency;
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6. The federal executive body authorized by the Government of the Russian Federation monitors and analyzes the effectiveness of the implementation of state policy and legal regulation in the field of energy conservation and energy efficiency.";
(as amended by Federal Law No. 399-FZ of December 28, 2013)
7. The federal executive body authorized by the Government of the Russian Federation prepares and distributes the annual state report on the state of energy conservation and energy efficiency in the Russian Federation in accordance with the procedure established by the Government of the Russian Federation.
(Part 7 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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Article 23 State information system in the field of energy saving and energy efficiency
3. The information contained in the state information system in the field of energy saving and energy efficiency improvement must necessarily include the following information:
1) on regional, municipal programs in the field of energy saving and energy efficiency improvement, programs in the field of energy saving and energy efficiency improvement of organizations with the participation of the state or municipality and on the progress of their implementation;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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1) on regional, municipal programs in the field of energy saving and energy efficiency and on the progress of their implementation;
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2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized with respect to sectors of the economy, housing and communal services, housing funds, constituent entities of the Russian Federation and municipalities;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized with respect to sectors of the economy, housing and communal services, constituent entities of the Russian Federation and municipalities;
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3) on the equipment with metering devices for the energy resources used, generalized with respect to state, municipal, private housing stock, constituent entities of the Russian Federation and municipalities, organizations with the participation of the state or municipality;
(as amended by Federal Law No. 399-FZ of December 28, 2013)
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3) on the equipment with metering devices for the energy resources used, generalized with respect to state, municipal, private housing stock, constituent entities of the Russian Federation and municipalities;
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Chapter 7
Article 25
1. Organizations with the participation of the state or a municipality and organizations engaged in regulated activities must approve and implement programs in the field of energy saving and energy efficiency improvement, containing:
3) other provisions in accordance with the requirements of paragraphs 2-4 of this article.
(Clause 3 as amended by the Federal Law of December 28, 2013 N 399-FZ)
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3) other requirements in accordance with parts 2 - 4 of this article (for organizations engaged in regulated activities).
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1.1. If an organization with the participation of the state or a municipality, an organization carrying out regulated activities has subsidiaries and affiliates, programs in the field of energy saving and energy efficiency improvement of these organizations may include as subprograms programs in the field of energy saving and energy efficiency improvement of the respective subsidiaries and dependent companies. Inclusion in programs in the field of energy saving and energy efficiency improvement of an organization with the participation of the state or a municipality, an organization carrying out regulated activities, as subprograms of the program in the field of energy saving and energy efficiency improvement of the relevant subsidiaries and affiliates does not relieve them of the obligation to approve and implement of their programs in the field of energy saving and energy efficiency improvement in the event that the respective subsidiaries and affiliates are organizations with the participation of the state or a municipality or organizations engaged in regulated activities.
(Part 1.1 was introduced by Federal Law No. 399-FZ of December 28, 2013)
1.2. Requirements for the form of programs in the field of energy saving and energy efficiency improvement of organizations with the participation of the state or a municipality, organizations engaged in regulated activities, and reporting on the progress of their implementation are established by the authorized federal executive body.
(Part 1.2 was introduced by Federal Law No. 399-FZ of December 28, 2013)
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2. If an organization with the participation of the state or a municipality carries out regulated types of activities, the provisions of this article, which establish requirements for programs in the field of energy saving and increasing the energy efficiency of organizations carrying out regulated types of activities, apply to the said organization. When developing programs in the field of energy saving and increasing energy efficiency and making changes to them, an organization carrying out regulated activities is obliged to comply with the requirements established for the form of these programs and reporting on the progress of their implementation. If the prices (tariffs) for goods, services of organizations engaged in regulated activities are established by the authorized federal executive body, the requirements for the content of these programs in the field of energy saving and energy efficiency improvement of these organizations in relation to regulated activities are established by this body in accordance with with the rules approved by the Government of the Russian Federation. If the prices (tariffs) for goods, services of organizations engaged in regulated activities are regulated by the authorized executive bodies of the constituent entities of the Russian Federation, the requirements for the content of programs in the field of energy saving and energy efficiency improvement of these organizations in relation to the regulated activities and in terms of requirements to the facilities of these organizations located on the territories of the respective constituent entities of the Russian Federation are established by these bodies in accordance with the rules approved by the Government of the Russian Federation. If the prices (tariffs) for goods, services of organizations of the communal complex are established by local governments, the requirements for the content of programs in the field of energy saving and energy efficiency improvement of these organizations in relation to regulated activities and in terms of requirements for the objects of these organizations located in the territories relevant municipalities are established by these bodies in accordance with the rules approved by the Government of the Russian Federation.
(Part 2 as amended by Federal Law No. 399-FZ of December 28, 2013)
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2. If an organization with the participation of the state or a municipal formation carries out a regulated type of activity, the provisions of this article, which establish requirements for an organization carrying out a regulated type of activity, shall apply to it. Organizations carrying out regulated activities, when developing programs in the field of energy saving and increasing energy efficiency and making changes to them, must take into account the requirements established for these programs. For organizations engaged in regulated activities, if the prices (tariffs) for goods, services of such organizations are regulated by the authorized federal executive body, the requirements for programs in the field of energy saving and energy efficiency improvement in relation to regulated activities are established by this body in accordance with rules approved by the Government of the Russian Federation. For organizations engaged in regulated activities, if the prices (tariffs) for goods, services of such organizations are regulated by authorized executive authorities of the constituent entities of the Russian Federation, local governments, requirements for programs in the field of energy saving and energy efficiency in relation to regulated activities are established by these bodies in accordance with the rules approved by the Government of the Russian Federation.
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Article 26 Ensuring energy efficiency in the procurement of goods, works, services to meet state and municipal needs
(as amended by Federal Law No. 396-FZ of December 28, 2013)
1. State or municipal customers, authorized bodies, authorized institutions are obliged to purchase goods, works, services to meet state and municipal needs in accordance with the energy efficiency requirements of these goods, works, services.
2. Requirements for the energy efficiency of goods, works, services when making purchases to meet state and municipal needs are established by the authorized federal executive body in accordance with the rules approved by the Government of the Russian Federation. The Government of the Russian Federation has the right to establish priority requirements as part of these rules.
3. Requirements for the energy efficiency of goods, works, services when making purchases to meet state and municipal needs include, in particular:
4. Requirements for the energy efficiency of goods, works, services when making purchases to meet state and municipal needs may establish a ban or restriction on the purchase of goods, works, services, the results of which may be unproductive consumption of energy resources.
5. State or municipal customers, authorized bodies, authorized institutions in order to comply with the requirements for the energy efficiency of goods, works, services when making decisions on the types, categories of goods, works, services purchased to meet state and municipal needs, and (or) when establishing requirements for the specified goods, works, services must take into account the following provisions:
1) goods, works, services purchased to meet state and municipal needs must ensure the achievement of the maximum possible energy saving, energy efficiency;
2) goods, works, services purchased to meet state and municipal needs must ensure a reduction in the customer's costs, determined on the basis of the estimated price of goods, works, services in conjunction with the costs associated with the use of goods, works, services (including expenditures on energy resources), taking into account the expected and achieved savings (including savings in energy resources) when using the relevant goods, works, services.
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Article 26 Ensuring energy efficiency when placing orders for state or municipal needs
1. State or municipal customers, bodies authorized to exercise the functions of placing orders for state or municipal needs, are obliged to place orders for the supply of goods, performance of work, provision of services for state or municipal needs in accordance with the requirements of the energy efficiency of these goods, works, services.
2. Requirements for the energy efficiency of goods, works, services, the placement of orders for which is carried out for state or municipal needs, are established by the authorized federal executive body in accordance with the rules approved by the Government of the Russian Federation. The Government of the Russian Federation has the right to establish priority requirements as part of these rules.
3. Requirements for the energy efficiency of goods, works, services, the placement of orders for which is carried out for state or municipal needs, include, in particular:
1) an indication of the types and categories of goods, works, services to which such requirements apply;
2) requirements for the value of energy efficiency classes of goods;
3) requirements for the characteristics, parameters of goods, works, services that affect the volume of energy resources used;
4) other indicators reflecting the energy efficiency of goods, works, services.
4. Requirements for the energy efficiency of goods, works, services, the placement of orders for which is carried out for state or municipal needs, may establish a ban or restriction on the placement of orders for the supply of goods, performance of work, provision of services, the results of which may be unproductive consumption of energy resources.
5. State or municipal customers, bodies authorized to exercise the functions of placing orders for state or municipal needs, in order to comply with the energy efficiency requirements of goods, works, services when making decisions on the types, categories of goods, works, services, placing orders for which is carried out for state or municipal needs, and (or) when establishing requirements for these goods, works, services, the following provisions must be taken into account:
1) goods, works, services, the placement of orders for which is carried out for state or municipal needs, must ensure the achievement of the maximum possible energy saving, energy efficiency;
2) goods, works, services, the placement of orders for which is carried out for state or municipal needs, must ensure a reduction in the costs of the customer, determined on the basis of the estimated price of goods, works, services in conjunction with the costs associated with the use of goods, works, services (in including the costs of energy resources), taking into account the expected and achieved savings (including savings in energy resources) when using the relevant goods, works, services.
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Chapter 10. FINAL PROVISIONS
Article 48. Final provisions
7. Before July 1, 2014, the federal executive body responsible for conducting energy audits must approve:
1) requirements for the form of programs in the field of energy saving and energy efficiency improvement of organizations with the participation of the state or a municipality, organizations engaged in regulated activities, and reporting on the progress of their implementation;
2) a methodology for calculating the values of target indicators in the field of energy saving and energy efficiency, the achievement of which is ensured as a result of the implementation of regional, municipal programs in the field of energy saving and energy efficiency;
3) requirements for conducting an energy audit and its results;
4) the procedure for submitting information on energy saving and on improving energy efficiency in accordance with Part 12 of Article 16 of this Federal Law.
(Part 7 was introduced by Federal Law No. 399-FZ of December 28, 2013).
President of Russian Federation
D. MEDVEDEV
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Light / Energy Saving
In recent years, the government has taken a course to improve the energy efficiency of the Russian economy. A number of normative documents have been adopted that have modernized the legal framework in this area. Among other things, the responsibility of a wide range of persons for non-fulfillment of requirements in the field of energy conservation has been established. EnergoVOPROS.ru publishes a list of sanctions and recommendations on how to avoid them
Sanctions under 261-FZ "On Energy Saving"
The Federal Law of the Russian Federation of November 23, 2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" provides for the following sanctions
Administrative violation
- Non-compliance by the owners of non-residential buildings, structures, structures during their operation with the energy efficiency requirements for such buildings, structures, structures
Rule of law
Administrative violation
- Non-compliance by the owners of non-residential buildings, structures, structures during their operation with the requirements of their equipment with metering devices for the energy resources used
- for officials in the amount of 10 thousand to 15 thousand rubles;
- for legal entities - from 100 thousand to 150 thousand rubles
Rule of law
- Clause 7 of Article 9.16 of the RF Code of Administrative Offenses
Administrative violation
- Failure to comply with the deadlines for mandatory energy audits
- for officials in the amount of 10 thousand to 15 thousand rubles;
- for legal entities - from 50 thousand to 250 thousand rubles
Rule of law
- Clause 8 of Article 9.16 of the RF Code of Administrative Offenses
Administrative violation
- Non-compliance by organizations with the participation of the state or municipality with the requirement to adopt programs in the field of energy saving and energy efficiency
- for officials in the amount of 30 thousand to 50 thousand rubles;
- for legal entities - from 50 thousand to 100 thousand rubles.
Rule of law
- Clause 10 of Article 9.16 of the RF Code of Administrative Offenses
Requirements for the energy efficiency of buildings
In accordance with Decree of the Government of the Russian Federation of January 25, 2011 No. 18 “After establishing the basic level of energy efficiency requirements for buildings, structures, structures, energy efficiency requirements should include a decrease in indicators characterizing the annual specific value of energy resource consumption in a building, structure, structure, less than once every 5 years: from January 2011 (for the period 2011 - 2015) - by at least 15 percent in relation to the baseline, from January 1, 2016 (for the period 2016 - 2020) - at least by more than 30 percent in relation to the base level and from January 1, 2020 - not less than 40 percent in relation to the base level”
Requirements for buildings, structures, structures are established by Order of the Ministry of Regional Development of the Russian Federation No. 262 dated May 28, 2010.
Requirements for the mandatory installation of metering devices
According to paragraph 4 of article 13 of federal law No. 261-FZ "On energy saving and on improving energy efficiency and on amending certain legislative acts of the Russian Federation" “until January 1, 2011, the owners of buildings, structures, structures and other objects that have been put into operation as of the date of entry into force of this Federal Law and during the operation of which energy resources are used (including temporary facilities), are required to complete the equipping of such facilities with metering devices for used water, natural gas, thermal energy, electric energy, as well as putting the installed metering devices into operation ”
Energy audit requirements
In accordance with paragraph 2 of Article 16 of Law No. 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation", persons who meet the requirements are required to organize and conduct the first energy audit by December 31, 2012, subsequent energy examinations - at least once every five years.
Bodies controlling the implementation of Federal Law 261 "On Energy Saving
The authority to control the implementation of the law on the above points by Decree of the Government of the Russian Federation of February 20, 2010 No. 67 is assigned to Rostekhnadzor - the Federal Service for Environmental, Technological and Nuclear Supervision of the Russian Federation. The powers are as follows:
Control over compliance within its competence in the design, construction, reconstruction, overhaul of buildings, structures, structures with energy efficiency requirements, the requirements for their equipping with metering devices for energy resources used.
Control over compliance, within the limits of their competence, by the owners of non-residential buildings, structures, structures during their operation with the energy efficiency requirements for such buildings, structures, structures, the requirements for equipping them with metering devices for the energy resources used.
Control over compliance by legal entities in the authorized capital of which the share (contribution) of the Russian Federation, the subject of the Russian Federation, the municipality is more than 50 percent and (or) in respect of which the Russian, the subject of the Russian Federation, the municipality have the right to directly or indirectly dispose of more than 50 percent of the total number of votes attributable to voting shares (stakes) that make up the authorized capital of such legal entities, state and municipal unitary enterprises, state and municipal institutions, state companies, state corporations, as well as legal entities whose property is either more than 50 percent shares or shares in the authorized capital of which are owned by state corporations, requirements for the adoption of programs in the field of energy saving and energy efficiency
Control over the implementation of the mandatory energy inspection in a timely manner.
The rules for exercising control were introduced in April of this year by Decree of the Government of the Russian Federation of April 25, 2011 No. 318.
The rules determine the procedure for exercising state control over compliance with the requirements of legislation on energy saving and on improving energy efficiency by organizations, regardless of their organizational and legal forms, by their heads, officials and individual entrepreneurs.
In accordance with the Rules, state control is carried out in the form of scheduled and unscheduled documentary and field inspections.
Scheduled inspections are carried out 2 times in 3 years on the basis of inspection plans approved by the head of the regulatory body. The basis for conducting unscheduled inspections is the expiration of the period of the issued order to eliminate the identified violation, the receipt of relevant information by the regulatory authorities, citizens' appeals, instructions of the President of the Russian Federation and the Government of the Russian Federation.
How to avoid administrative liability for violation of the requirements of 261-FZ "On Energy Saving"
Thus, the legislation introduced requirements, liability, measures of responsibility, deadlines for meeting the requirements, powers to control the fulfillment of the requirements, the procedure for monitoring compliance with the requirements of the legislation on energy saving. Now all this will apply to organizations that fall under the requirements of this legislation.
To avoid administrative liability, the following steps must be taken:
- carry out the first mandatory energy audit, at least in the minimum scope that ensures compliance with the requirements of the law;
- “fix” their non-residential buildings, structures, structures by installing metering devices for the relevant energy resources. Networks (thermal, electrical, water supply, etc.) are classified as structures in accordance with the All-Russian Classifier of Fixed Assets.
- develop programs in the field of energy saving and energy efficiency, if you have state participation in the capital. Why do you need to conduct an energy audit?
- perform the minimum necessary measures to meet the energy efficiency requirements for buildings, structures, structures. To determine the composition of these activities, it will be necessary to conduct an energy audit.
Article 13
1. Produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for used energy resources. The requirements of this article regarding the organization of accounting for used energy resources apply to facilities connected to the centralized power supply networks, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) centralized gas supply systems, and (or) other systems of centralized supply of energy resources. Unless other requirements for the installation sites of metering devices used for energy resources are established by this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, the fulfillment of the requirements of this article in terms of organizing metering of used energy resources in relation to facilities connected to centralized supply systems of the corresponding energy resource, must ensure accounting of the energy resources used at the points of connection of the indicated objects to such systems or in relation to the objects used for the transfer of energy resources, at the points of connection of adjacent objects used for the transfer of energy resources and owned by the right of ownership or on other grounds provided for by the legislation of the Russian Federation to different persons. Requirements for the characteristics of metering devices used for energy resources are determined in accordance with the legislation of the Russian Federation. The requirements of this article regarding the organization of accounting for used energy resources do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before January 1, 2013, as well as facilities whose maximum natural gas consumption is less than two cubic meters per hour ( regarding the organization of metering of used natural gas).
2. Calculations for energy resources should be carried out on the basis of data on the quantitative value of energy resources produced, transferred, consumed, determined using metering devices for energy resources used. The metering devices for used energy resources installed in accordance with the requirements of the legislation of the Russian Federation must be put into operation no later than the month following the date of their installation, and their use must begin when making payments for energy resources no later than the first day of the month following the month in which these metering devices in operation. Calculations for energy resources can be carried out without taking into account the data obtained with the help of installed and put into operation metering devices for used energy resources, under a supply agreement, an energy resources purchase and sale agreement, which includes the terms of an energy service agreement (contract). Prior to the installation of metering devices for used energy resources, as well as in the event of failure, loss or after the expiration of the service life of metering devices for used energy resources, calculations for energy resources must be carried out using calculation methods for determining the amount of energy resources established in accordance with the legislation of the Russian Federation. At the same time, these calculation methods should determine the amount of energy resources in such a way as to encourage buyers of energy resources to make payments based on data on their quantitative value determined using metering devices for energy resources used.
3. Until January 1, 2011, state authorities, local authorities, with the exception of state authorities, local authorities of the Republic of Crimea and the federal city of Sevastopol, ensure the completion of measures to equip buildings, structures, structures used to accommodate these bodies, which are in state or municipal ownership and put into operation on the date of entry into force of this Federal Law, metering devices for used water, natural gas, heat energy, electric energy and putting the installed metering devices into operation. For the Republic of Crimea and the federal city of Sevastopol, measures to equip buildings, structures, structures specified in this part with metering devices for used water, heat energy, electric energy and commissioning of installed metering devices are carried out until January 1, 2019, and for equipping with devices metering of used natural gas and commissioning of installed metering devices - until January 1, 2021.
4. Until January 1, 2011, the owners of buildings, structures, structures and other facilities that were put into operation on the date of entry into force of this Federal Law and during the operation of which energy resources are used (including temporary facilities), with the exception of the facilities specified in parts 3, 5 and 6 of this article, are obliged to complete the equipping of such facilities with metering devices for used water, natural gas, thermal energy, electric energy, as well as putting the installed metering devices into operation.
4.1. For the Republic of Crimea and the federal city of Sevastopol, the owners of buildings, structures, structures and other facilities that were put into operation on the day this Federal Law enters into force and the operation of which uses energy resources (including temporary facilities), with the exception of the facilities specified in parts 3, 5 and 6 of this article, are obliged to complete the equipping of such facilities with metering devices for used water, heat energy, electric energy and putting the installed metering devices into operation before January 1, 2019, and equipping them with metering devices for used natural gas and putting the installed metering devices into operation in operation until January 1, 2021.
5. Until July 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, the owners of residential buildings, with the exception of those specified in Part 6 of this Article, the owners of premises in apartment buildings put into operation on the day this Federal law, they are obliged to ensure that such houses are equipped with metering devices for used water, thermal energy, electric energy, as well as putting the installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common house) metering devices for used water, heat energy, electric energy, as well as individual and common (for a communal apartment) metering devices for used water, electric energy.
5.1. Until January 1, 2015, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2021, the owners of the facilities specified in Part 5 of this Article are required to ensure that these facilities are equipped with individual and common (for communal apartments) metering devices for natural gas used, and also putting the installed metering devices into operation.
5.2. The obligation stipulated by part 5.1 of this article does not apply to owners of residential buildings and premises in an apartment building heated without the use of gas-using equipment.
6. Until July 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, the owners of residential buildings, country houses or garden houses put into operation on the day this Federal Law comes into force, which are united by owned by them or created by them organizations (associations) with general engineering and technical support networks connected to centralized power supply networks, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) other systems of centralized supply of energy resources, with the exception of centralized gas supply systems , are obliged to ensure the installation of collective (on the border with centralized systems) metering devices for used water, heat energy, electric energy, as well as putting the installed metering devices into operation.
6.1. Until January 1, 2015, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2021, the owners of the facilities specified in Part 6 of this Article and united by common engineering and technical support networks belonging to them or organizations (associations) created by them and connected to system of centralized gas supply, are obliged to ensure the installation of collective (on the border with centralized systems) metering devices for the natural gas used, as well as putting the installed metering devices into operation at these facilities.
7. Buildings, structures, structures and other facilities, during the operation of which energy resources are used, including temporary facilities put into operation after the date of entry into force of this Federal Law, as of the date of their entry into operation, must be equipped with metering devices used energy resources similar to those specified in parts 3 - 6.1 of this article. Apartment buildings commissioned from January 1, 2012 after construction, reconstruction, must be additionally equipped with individual metering devices used for thermal energy, and apartment buildings commissioned from January 1, 2012 after a major overhaul, must be equipped with individual metering devices used thermal energy if there is a technical possibility of their installation. The owners of metering devices used for energy resources are obliged to ensure the proper operation of these metering devices, their safety, and timely replacement.
8. Actions for the installation, replacement, operation of metering devices used for energy resources are entitled to be carried out by persons who meet the requirements established by the legislation of the Russian Federation for the implementation of such actions. Until January 1, 2019, the owners of the facilities specified in parts 3-7 of this article and the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour are required to ensure that such facilities are equipped with heat energy metering devices specified in parts 3-7 of this article, as well as the commissioning of installed metering devices. The rules for commercial metering of thermal energy, coolant, approved by the Government of the Russian Federation, may establish specifics for accounting for thermal energy, coolant, as well as features for fulfilling the obligation to equip the facilities specified in Parts 3-7 of this Article with metering devices.
9. From July 1, 2010, organizations that supply water, natural gas, thermal energy, electric energy or their transmission and whose engineering and technical support networks are directly connected to networks that are part of the engineering and technical equipment of facilities subject to with the requirements of this article to equip with metering devices for used energy resources, are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply of which or the transfer of which they carry out. These organizations are not entitled to refuse the persons who applied to them to conclude an agreement regulating the conditions for the installation, replacement and (or) operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out. The price of such an agreement is determined by agreement of the parties. For the delay in fulfilling the obligation to install, replace and (or) operate these metering devices, these organizations pay the consumer for each day of delay a penalty (penalty), determined in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day the obligation is fulfilled, but not more than than in the amount of the price for the performance of work, the provision of services under the contract. The procedure for concluding and the essential terms of such an agreement are approved by the authorized federal executive body. An agreement regulating the conditions for installing a collective or individual (common for a communal apartment) meter for the energy resource used (supply or transfer of which is carried out by these organizations) and concluded with a citizen - the owner of a residential building, a garden house or a person authorized by him, with a citizen - the owner of the premises in an apartment building or by a person responsible for the maintenance of an apartment building, in order to fulfill their obligations under parts 5 - 6.1 of this article, must contain a condition for paying the price determined by such an agreement in equal installments within five years from the date of its conclusion, with the exception of if the consumer has expressed his intention to pay the price determined by such an agreement at a time or with a shorter installment period. When an installment clause is included in such an agreement, the price determined by such an agreement shall include the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in force on the day of accrual, unless appropriate compensation is carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget. A constituent entity of the Russian Federation, a municipality shall have the right to provide, in accordance with the procedure established by the budgetary legislation of the Russian Federation, at the expense of the budget of a constituent entity of the Russian Federation, the local budget, support to these organizations by allocating funds to them to reimburse the expenses incurred by them in connection with the provision of installment plans.
10. Until July 1, 2010, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, the organizations specified in part 9 of this article are obliged to provide the owners of residential buildings specified in part 5 of this article, the owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, persons representing the interests of the owners specified in part 6 of this article, proposals for equipping the facilities specified in parts 5 and 6 of this article with metering devices for the energy resources used, the supply or transfer of which is carried out by these organizations. An approximate form of a proposal for equipping energy resources with metering devices is approved by the authorized federal executive body. If the sale of energy resources for the facilities specified in parts 5 and 6 of this article is carried out on the basis of a public contract by an organization other than those specified in part 9 of this article, no later than July 1, 2010, and for the Republic of Crimea and the federal city of Sevastopol no later than January 1, 2019, it is obliged to provide the owners of residential buildings specified in part 5 of this article, the owners of premises in multi-apartment buildings, persons responsible for the maintenance of multi-apartment buildings, persons representing the interests of the owners specified in part 6 of this article, obtained from publicly available sources of information on possible service providers for equipping the facilities specified in parts 5 and 6 of this article with metering devices for the energy resources used. Persons responsible for the maintenance of apartment buildings are obliged to inform the owners of premises in apartment buildings about proposals received to equip apartment buildings, premises in them with metering devices for used energy resources, as well as about the terms established by this Federal Law for equipping metering devices for used energy resources. Organizations that supply or transmit natural gas and whose engineering and technical support networks are directly connected to the networks that are part of the engineering and technical equipment of facilities that are subject, in accordance with the requirements of this article, to be equipped with natural gas metering devices, are required to submit no later than January 1, 2013, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019 to the persons specified in parts 5. 1 and 6.1 of this article, proposals for equipping such facilities with natural gas metering devices. In relation to the facilities specified in parts 3-7 of this article and the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour, proposals to equip such facilities with metering devices for used thermal energy must be submitted no later than July 1, 2018.
11. A constituent entity of the Russian Federation, a municipal entity shall have the right to provide support at the expense of the budget of a constituent entity of the Russian Federation, the local budget, to certain categories of consumers by allocating funds to them for the installation of metering devices for the used energy resources, intended for settlements for the used energy resources. In the event that these metering devices are installed at the expense of budgetary funds, the persons with whom these metering devices are intended for settlements are exempted from fulfilling this obligation in the relevant part.
12. Until January 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019 (in relation to the objects provided for in parts 3 and 4 of this article), until July 1, 2013, and for the Republic of Crimea and the city of federal significance Sevastopol until January 1, 2019 (in relation to the facilities provided for in parts 5 and 6 of this article, in terms of equipping them with metering devices for used water, heat energy, electric energy, including equipping apartment buildings with collective (common house) metering devices for used water, heat energy, electricity, as well as individual and common (for communal apartments) metering devices used for water, electricity), until January 1, 2021 (in relation to the facilities provided for in parts 3-7 of this article, the maximum volume of consumption of thermal energy of which is less than than two tenths of a gigacalorie per hour) and until January 1, 2019, and for the Republic of Crimea and the federal city the value of Sevastopol until January 1, 2021 (in relation to the facilities provided for by parts 5.1 and 6.1 of this article, in terms of equipping them with metering devices for the natural gas used), the organizations specified in part 9 of this article are required to take actions to equip them with metering devices for the energy resources used, the supply and transfer of which these organizations carry out, facilities whose engineering and technical equipment is directly connected to their engineering and technical support networks and which, in violation of the requirements of parts 3 - 6.1 and 8 of this article, were not equipped with metering devices for the energy resources used within the prescribed period . A person who has not fulfilled the obligation to equip these facilities with metering devices for used energy resources within the prescribed period must ensure the admission of these organizations to the installation sites of metering devices for used energy resources and pay the costs of these organizations for the installation of these metering devices, and should not interfere with their commissioning . In case of refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with metering devices for the energy resources used within the prescribed period must also pay the expenses incurred by these organizations due to the need for enforcement. At the same time, citizens - owners of residential buildings, garden houses, citizens - owners of premises in multi-apartment buildings, who have not fulfilled their obligations under parts 5 - 6 within the prescribed period. 1 and 8 of this article, if this required the specified organizations to take actions to install metering devices for the energy resources used, pay in equal installments within five years from the date of their installation the costs of these organizations for the installation of these metering devices, provided that they did not express their intention to pay such expenses at a time or with a shorter installment period. If an installment plan is granted, the costs of installing metering devices for the energy resources used are subject to an increase in the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in force on the date of accrual, unless the corresponding compensation carried out at the expense of the budget of the subject of the Russian Federation, the local budget. After January 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2019 (in relation to the facilities specified in Parts 3 and 4 of this Article and put into operation after the date of entry into force of this Federal Law of similar facilities), after July 1, 2013, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2019 (in relation to the facilities provided for by Parts 5 and 6 of this Article and put into operation after the date of entry into force of this Federal Law of similar facilities in terms of equipping them with devices metering of used water, heat energy, electric energy, including equipping apartment buildings with collective (common house) metering devices for used water, thermal energy, electric energy, as well as individual and common (for communal apartments) metering devices for used water, electric energy), after January 1, 2021 (in relation to objects, 3 - 7 of this article, the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour, and put into operation after the date of entry into force of this Federal Law of similar facilities) and after January 1, 2019, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2021 (in relation to the facilities provided for by Parts 5.1 and 6.1 of this Article and similar facilities put into operation after the date of entry into force of this Federal Law in terms of equipping them with metering devices for the natural gas used), the provisions of this part must be complied with in all cases when the specified organizations reveal the facts of violations of the requirements established by this article for accounting for the used energy resources using their metering devices and the non-elimination of such violations by the person who committed them before the expiration of two months from the moment they were discovered. The said organizations, upon revealing the facts of non-fulfillment by the owners of metering devices of the energy resources used, of the obligation to ensure the proper operation of these metering devices and failure to eliminate such non-fulfillment before the expiration of two months from the moment of its discovery, are also obliged to start operating these metering devices with the attribution of the costs incurred to the owners of these metering devices. The owners of these metering devices or the persons who are the owners of the facilities where these metering devices are installed are obliged to ensure the admission of these organizations to the metering devices of the energy resources used and pay the costs of these organizations for their operation, and in case of refusal to pay the costs on a voluntary basis, pay the incurred by these organizations expenses due to the need for enforcement.
13. As regards the organization of metering of used electrical energy, the requirements provided for in this article for the organization and provision of metering of electrical energy, including for electrical energy metering devices, the procedure for their installation, replacement, operation, as well as for calculation methods for determining the amount of electrical energy, shall be applied, unless other requirements are established by Federal Law No. 35-FZ of March 26, 2003 "On the Electric Power Industry".
Legislation of the Russian Federation
Collection of the main federal laws of the Russian Federation
☰
Federal Law No. 261-FZ dated November 23, 2009 "On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" (as amended on December 27, 2018)
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT ENERGY SAVING AND INCREASING ENERGY
EFFICIENCY AND CHANGES TO INDIVIDUAL
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
Adopted by the State Duma on November 11, 2009
Approved by the Federation Council on November 18, 2009
Chapter 1. General Provisions
Chapter 2
Chapter 3. State regulation in the field of energy saving and energy efficiency
Chapter 4. Energy audit. Declaration of consumption of energy resources. Self-regulatory organizations in the field of energy audit
Chapter 5
Chapter 6. Information support of measures for energy saving and energy efficiency improvement
Chapter 7
Chapter 8. State support in the field of energy saving and energy efficiency
