The adoption of amendments to the fundamental document for the industry - Federal Law No. 261-FZ “On energy saving and increasing energy efficiency...” was discussed a lot and was expected for a long time, often with concern.
Finally, the corresponding Federal Law introducing these changes was signed and published - No. 399-FZ of December 28, 2013. In general, it brings a certain logic to the policy of increasing energy efficiency pursued at the federal level and reflects the intentions to adjust it, repeatedly expressed in the fall of 2013 by representatives of the Russian Ministry of Energy. On the other hand, many sound proposals expressed 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 survey can now be not only a product, technological process, legal entity or individual entrepreneur, but also buildings, structures, structures, energy-consuming equipment, electric power facilities, thermal energy sources, heating network, centralized heating systems, centralized cold water supply and (or) sanitation systems, other objects of the communal infrastructure system.
In general, the intellectual component of the activities of energy auditors is increasing. Thus, now the mandatory result of an energy audit is not only an energy passport, but, first of all, an energy audit report, the requirements for which will be developed by the Russian Ministry of Energy. The list of activities that an energy auditor must develop based on the results of an energy audit is no longer limited to standard and publicly available activities. In addition, there is a need to make their cost assessment. Instead of the previously existing threshold for an object to be included in the list for which energy inspection is mandatory (annual costs for fuel and energy resources in the amount of 10 million rubles), the value of the volume of fuel and energy resources consumption, specially approved by the authorized body, will now apply. In addition, for all categories of objects for which mandatory energy inspections are provided, an additional gradation is now being introduced - if, based on the results of the year preceding the year of energy inspection, the total costs of the object 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 survey, and limit it to submitting information on energy saving and increasing energy efficiency to the federal executive body.
The self-regulatory organization now receives from the energy auditor both an energy passport and a report on the energy survey, and checks for compliance with the requirements for conducting an energy survey, its results, as well as for compliance with the standards and rules of the SRO within the period established by law - 30 days. The financial liability of self-regulatory organizations increases: from the moment when the SRO puts a mark on the energy passport indicating that the results of the energy inspection comply with all established requirements, including the standards and rules of the SRO itself, the energy audit company and the self-regulatory organization bear joint liability to the customer of the energy inspection for possible losses caused as a result its shortcomings.
At the same time, the value of the compensation fund of the SRO should increase from October 2014 to at least 2 million rubles (as of 01/01/2014, the value of the compensation fund of the SRO NP "Union "Energy Efficiency" is 2,079,001.45 rub.). Requirements have also been added to the openness of self-regulatory organizations and the public posting of information about their activities.
|
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT ENERGY SAVING AND INCREASING ENERGY ENERGY
EFFICIENCY AND ABOUT IMPLEMENTING CHANGES IN INDIVIDUAL
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
(as amended by Federal Laws dated 05/08/2010 N 83-FZ,
dated July 27, 2010 N 191-FZ, dated July 27, 2010 N 237-FZ,
dated July 11, 2011 N 197-FZ, dated July 11, 2011 N 200-FZ,
dated July 18, 2011 N 242-FZ, dated December 3, 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 25.06.2012 N 93-FZ,
dated July 10, 2012 N 109-FZ, dated December 25, 2012 N 270-FZ,
dated 04/05/2013 N 44-FZ, dated 06/07/2013 N 113-FZ,
dated July 2, 2013 N 185-FZ, dated December 28, 2013 N 396-FZ,
dated December 28, 2013 N 399-FZ, dated December 28, 2013 N 401-FZ)
|
|---|
|
EDITION OF THE LAW DATED 28.12.2013
(Articles that have been amended or presented in a new edition have been saved.)
|
|
TEXT OF PREVIOUS EDITION
CHANGES EFFECTIVE FROM 01.10.2014
|
|
Chapter 2. POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION, GOVERNMENT BODIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION, LOCAL GOVERNMENT BODIES IN THE FIELD OF ENERGY SAVING AND INCREASING ENERGY EFFICIENCY
Article 6. Authority powers state power Russian Federation in the field of energy saving and increasing energy efficiency
7.1) establishing requirements for conducting an energy survey, the results of an energy survey (energy passport and report on the energy survey) (hereinafter referred to as the requirements for conducting an energy survey and its results);
(clause 7.1 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
8) establishing requirements for the energy efficiency of goods, works, services to meet state or municipal needs;
|
|
8) establishing requirements for the energy efficiency of goods, works, services, orders for which are placed for state or municipal needs;
|
|
12) establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations carrying out regulated types of activities, if prices (tariffs) for goods and services of such organizations are subject to establishment by federal executive authorities, and reporting on their implementation;
(as edited by the Federal law
dated December 28, 2013 N 399-FZ)
|
|
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 and services of such organizations are subject to establishment by federal executive authorities;
|
|
14.1) monitoring and analysis of implementation effectiveness public policy and legal regulation in the field of energy saving and increasing energy efficiency;
(Clause 14.1 was introduced by the Federal by law
dated December 28, 2013 N 399-FZ)
14.2) preparation of an annual state report on the state of energy saving and increasing energy efficiency in the Russian Federation;
(Clause 14.2 was introduced by the Federal by law
dated December 28, 2013 N 399-FZ)
Article 8. Powers of local governments in the field of energy saving and increasing energy efficiency
The powers of local governments in the field of energy saving and increasing energy efficiency include:
5) exercise of other powers in the field of energy saving and increasing energy efficiency, assigned by this Federal Law and other federal laws to the powers of local government bodies.
(Clause 5 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
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 increasing energy efficiency
State regulation in the field of energy saving and increasing energy efficiency is carried out by establishing:
6) requirements for conducting an energy survey and its results;
(Clause 6 as amended by the Federallawdated December 28, 2013 N 399-FZ)
|
|
6) requirements for an energy passport;
|
|
Article 14. Increasing the energy efficiency of the economy of the constituent entities of the Russian Federation and the economy of municipalities
2. Regional and municipal programs in the field of energy saving and increasing energy efficiency must comply with the requirements for such programs established in accordance with this article and the requirements for them approved by the Government of the Russian Federation. The requirements for regional and municipal programs in the field of energy saving and increasing energy efficiency approved by the Government of the Russian Federation must include target indicators in the field of energy saving and increasing energy efficiency (without indicating their values).
|
|
2. Regional and municipal programs in the field of energy saving and increasing energy efficiency must comply with the requirements for such programs established in accordance with this article and the requirements for them approved by the Government of the Russian Federation. The requirements for regional and municipal programs in the field of energy saving and increasing energy efficiency approved by the Government of the Russian Federation must include target indicators in the field of energy saving and increasing energy efficiency (without indicating their values), as well as a list of measures for energy saving and increasing energy efficiency that are subject to inclusion in such programs and the implementation of which is possible using extra-budgetary funds, also received using regulated prices (tariffs), and the timing of these activities.
|
|
4. The values of target indicators in the field of energy saving and increasing energy efficiency should reflect:
…5) increasing the number of facilities using secondary energy resources and (or) renewable energy sources as energy sources;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
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;
|
|
7) reduction of budget expenditures on providing energy resources to state institutions of the constituent entities of the Russian Federation, municipal institutions, government bodies of the constituent entities of the Russian Federation, local governments, as well as budget expenditures on providing subsidies to organizations of the public utility complex for the purchase of fuel, subsidies to citizens for paying fees for public utilities taking into account changes in the volume of use of energy resources in these areas;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
7) reducing budget expenditures for the provision of energy resources to state institutions, municipal institutions, state authorities, local governments, as well as budget expenditures for providing subsidies to public utility organizations for the purchase of fuel, subsidies to citizens for paying for utility services, taking into account changes in the volume of use energy resources in these areas;
|
|
8.1) information support for the activities specified in paragraphs 1 - 8 and 9 of this part, including informing consumers of energy resources about these activities and about methods of energy saving and increasing energy efficiency;
(clause 8.1 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
Chapter 4. ENERGY SURVEY. SELF-REGULATORY ORGANIZATIONS IN THE FIELD OF ENERGY INSPECTION
Article 15. Energy survey
1. An energy audit can be carried out in relation to buildings, structures, structures, energy-consuming equipment, electric power facilities, thermal energy sources, heating networks, district heating systems, centralized systems cold water supply and (or) wastewater disposal, other objects of the communal infrastructure system, technological processes, as well as in relation to legal entities and individual entrepreneurs.
(Part 1 as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
1. An energy audit can be carried out in relation to products, technological processes, as well as legal entities and individual entrepreneurs.
|
|
2. The main goals 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 Federal Law dated December 28, 2013 N 399-FZ
3. Lost power. - Federal Law of December 28, 2013 N 399-FZ)
|
|
4) development of a list of standard, publicly available measures for energy saving and increasing energy efficiency and conducting their cost assessment.
|
|
.
5.1. The federal executive body for conducting energy surveys establishes the requirements for conducting an energy survey and its results, as well as the rules for sending a copy of the energy passport drawn up based on the results of the mandatory energy survey to this federal executive body.
|
|
|
|
5.2. The person conducting the energy audit is obliged to comply with the requirements for conducting 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;
|
|
|
|
5.3. The person who conducted the energy audit draws up an energy passport and a report on the energy audit 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 the energy audit and its results, the 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 report on the energy audit 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 about the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, the specified standards and rules to the person who carried out the energy survey, after which he transfers these results of the energy survey to the person who ordered the energy survey. If, as a result of the inspection, it is revealed that the results of the energy survey do not comply with the requirements for conducting an energy survey and its results, the specified standards and rules, the energy passport and the report on the energy survey are returned to the person who conducted the energy survey within thirty days from the date of their receipt by the self-regulatory organization in the field of energy survey energy audit to eliminate identified non-compliance.
|
|
|
|
5.4. From the moment a self-regulatory organization in the field of energy audit puts a mark in the energy passport on the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, 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 jointly and severally liable to the person who ordered the energy survey for losses caused as a result of deficiencies in the energy survey services provided.
|
|
|
|
6. Energy passport compiled based on the results of an energy survey apartment building, is subject to transfer by the person who compiled it, the owners of the premises in the apartment building or the person responsible for the maintenance of the apartment building.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
6. Based on the results of the energy survey, the person conducting it draws up an energy passport and transfers it to the person who ordered the energy survey. A passport drawn up based on the results of an energy inspection of an apartment building must be handed over 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.
|
|
7. An energy passport drawn up based on the results of an energy survey must contain information:
6) on the list of measures to save energy and increase energy efficiency and their cost assessment.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
6) on the list of typical measures for energy saving and increasing energy efficiency.
|
|
Article 16. Mandatory energy audit
1. Conducting an energy inspection is mandatory, except for the case provided for in part 1.1 of this article, for the following persons:
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
5) organizations whose total consumption costs natural gas, diesel and other fuel (except for motor fuel), fuel oil, thermal energy, coal, electrical energy exceed the volume of 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 subsequent mandatory energy inspection specified in Part 2 of this article;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
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, and electrical energy exceed ten million rubles per calendar year;
|
|
6) organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part through subsidies from federal budget, budgets of the constituent entities of the Russian Federation, local budgets.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
6) organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets.
|
|
1.1. If the total costs of persons specified in paragraphs 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 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 conducting the subsequent mandatory energy inspection provided for in Part 2 of this article, these persons, instead of conducting a mandatory energy inspection, have the right to submit within last year before the expiration of the period for the subsequent mandatory energy inspection, information on energy saving and on increasing energy efficiency in relation to these persons to the authorized federal executive body for conducting energy inspections. These persons are required to organize and conduct an energy survey within two years after the end of the calendar year in which their total costs for the consumption of natural gas, fuel oil, thermal energy, coal, electrical energy, with the exception of motor fuel, exceeded the volume of corresponding energy resources in value terms , established by the Government of the Russian Federation. Subsequent mandatory energy inspections are carried out by these persons in accordance with Part 2 of this article.
|
|
|
|
1.2. Submission of information on energy saving and on increasing energy efficiency to the authorized federal executive body for conducting energy surveys 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 for conducting energy surveys.
2. The persons specified in part 1 of this article are obliged to organize and conduct the first energy survey during the period from the date of entry into force of this Federal Law until December 31, 2012, subsequent energy surveys - at least once every five years.
|
|
|
|
Article 17. Collection and analysis of energy passport data compiled based on the results of energy surveys
1. The authorized federal executive body for energy surveys collects, processes, systematizes, analyzes, and uses energy passport data compiled based on the results of mandatory energy surveys, as well as energy passport data compiled based on the results of voluntary energy surveys, in accordance with the requirements , determined by the Government of the Russian Federation.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
1. The authorized federal executive body collects, processes, systematizes, analyzes, and uses energy passport data compiled based on the results of mandatory energy surveys, as well as energy passport data compiled based on the results of voluntary energy surveys, in accordance with the requirements determined by the Government of the Russian Federation .
|
|
2. Each self-regulatory organization in the field of energy inspection is obliged to send, once every three months, certified copies of energy passports 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 dated December 28, 2013 N 399-FZ)
|
|
2. Each self-regulatory organization in the field of energy inspection is obliged to send, once every three months, certified copies of energy passports 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.
|
|
3. The authorized federal executive body for energy surveys has the right to request and receive from self-regulatory organizations in the field of energy surveys data on energy surveys conducted on a voluntary basis, as well as data on energy passports compiled 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 trade secrets.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
3. The authorized federal executive body has the right to request and receive from self-regulatory organizations in the field of energy inspections data on voluntary energy inspections, as well as data from energy passports compiled 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.
|
|
4. The authorized federal executive body for energy inspections must ensure the acceptance of copies of energy passports drawn up based on the results of mandatory energy inspections, 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 dated December 28, 2013 N 399-FZ)
|
|
4. The authorized federal executive body must ensure the acceptance of copies of energy passports drawn up based on the results of mandatory energy surveys, as well as information requested in accordance with Part 3 of this article, in the form of an electronic document.
|
|
Article 18. Requirements for self-regulatory organizations in the field of energy inspection
2.2. If the application for inclusion in State Register self-regulatory organizations in the field of energy inspection and the documents specified in part 2 of this article are submitted in the form electronic documents, this application must be signed by the applicant with enhanced qualified electronic signature, and the specified documents - by officials of bodies, organizations authorized to sign the specified documents with an electronic signature, the type of which is established by the legislation of the Russian Federation.
(edited)
Federal Law of December 28, 2013 N 401-FZ)
|
|
Commencement of Part 2.2. - 01/10/2014.
|
|
3. Non-profit organization has the right to acquire the status of a self-regulatory organization in the field of energy inspection, subject to its compliance with the following requirements:
3) the presence of a compensation fund formed in the amount of no less than two million rubles from 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 deficiencies in the energy survey services provided.
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
3) the presence of a compensation fund formed from 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 deficiencies in the services provided in the energy inspection.
|
|
4. A self-regulatory organization in the field of energy inspection is obliged to develop and approve the following documents:
2) standards and rules regulating the procedure for conducting energy inspections by members of a self-regulatory organization in the field of energy inspection, including standards and rules for issuing an energy passport drawn up based on the results of an energy inspection, standards and rules for determining the list of measures for energy saving and increasing energy efficiency, standards and rules for calculating energy saving potential (hereinafter referred to as standards and rules) in accordance with the requirements for conducting an energy survey and its results;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
2) standards and rules regulating the procedure for conducting energy inspections by members of a self-regulatory organization in the field of energy inspection, including standards and rules for issuing an energy passport drawn up based on the results of an energy inspection, standards and rules for determining the list of measures for energy saving and increasing energy efficiency, standards and rules for calculating energy saving potential (hereinafter referred to as standards and rules);
clause 4
. clause 2 art. 18
comes into force on October 1, 2014
|
|
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 inspection on the Internet, are not applied.
(Part 5.1 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
5.2. A self-regulatory organization in the field of energy inspection, in the event of a decision to make changes to the documents submitted by it to the authorized federal executive body for energy inspections when entering information about it into the state register of self-regulatory organizations in the field of energy inspection, is obliged to notify this federal executive authority in the manner established by it within seven days from the date of such decision.
(Part 5.2 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
5.3. A self-regulatory organization in the field of energy audit is obliged to ensure compliance with the requirements for conducting an energy audit and its results by its members and verify the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, standards and rules of this self-regulatory organization.
(Part 5.3 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
Chapter 5. ENERGY SERVICE AGREEMENTS (CONTRACTS) AND AGREEMENTS FOR PURCHASE AND SALE, DELIVERY, TRANSFER OF ENERGY RESOURCES, INCLUDING THE TERMS OF ENERGY SERVICE AGREEMENTS (CONTRACTS)
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 for in accordance with the budget 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 dated December 28, 2013 N 396-FZ)
|
|
2. State or municipal energy service agreements (contracts) are concluded and paid in accordance with the budget legislation of the Russian Federation and the legislation of the Russian Federation on the placement of orders.
|
|
Chapter 6. INFORMATION SUPPORT OF EVENTS FOR ENERGY SAVING AND INCREASING ENERGY EFFICIENCY
Article 22. Information support for energy saving and energy efficiency improvement measures
1. Information support for energy saving and energy efficiency measures should be carried out regularly through:
5) dissemination of information about the energy saving potential of electrical grid facilities, utility infrastructure systems and measures to improve their energy efficiency;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
5) dissemination of information about the energy saving potential of public infrastructure systems and measures to improve their energy efficiency;
|
|
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 saving and increasing energy efficiency.";
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
7. The federal executive body authorized by the Government of the Russian Federation prepares and disseminates an annual state report on the state of energy saving and increasing energy efficiency in the Russian Federation in accordance with the procedure established by the Government of the Russian Federation.
(Part 7 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
Article 23. State information system in the field of energy saving and increasing energy efficiency
3. Information contained in the state information system in the field of energy saving and increasing energy efficiency, must necessarily include information:
1) on regional, municipal programs in the field of energy saving and increasing energy efficiency, programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipality and on the progress of their implementation;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
1) on regional and municipal programs in the field of energy saving and increasing energy efficiency and on the progress of their implementation;
|
|
2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized in relation to sectors of the economy, housing and communal services, housing funds, constituent entities of the Russian Federation and municipalities;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized regarding sectors of the economy, housing and communal services, constituent entities of the Russian Federation and municipalities;
|
|
3) on the equipment with metering devices for used energy resources, generalized regarding state, municipal, private housing funds, constituent entities of the Russian Federation and municipalities, organizations with the participation of the state or municipal entity;
(as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
3) on the equipment with metering devices for used energy resources, generalized regarding state, municipal, private housing funds, constituent entities of the Russian Federation and municipalities;
|
|
Chapter 7. ENERGY SAVING AND INCREASING ENERGY EFFICIENCY IN ORGANIZATIONS WITH PARTICIPATION OF THE STATE OR MUNICIPALITY AND IN ORGANIZATIONS CARRYING OUT REGULATED ACTIVITIES
Article 25. Ensuring energy saving and increasing energy efficiency by organizations with the participation of the state or municipality and organizations carrying out regulated activities
1. Organizations with the participation of the state or municipality and organizations carrying out regulated activities must approve and implement programs in the field of energy saving and increasing energy efficiency, containing:
3) other provisions in accordance with the requirements of parts 2 - 4 of this article.
(Clause 3 as amended by Federal Law dated December 28, 2013 N 399-FZ)
|
|
3) other requirements in accordance with parts 2 - 4 of this article (for organizations carrying out regulated activities).
|
|
1.1. If an organization with the participation of the state or municipal entity, an organization carrying out regulated activities, has subsidiaries and dependent companies, programs in the field of energy saving and increasing energy efficiency of these organizations may include as subprograms programs in the field of energy saving and increasing energy efficiency of the corresponding subsidiaries and dependent companies. The inclusion 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 increasing energy efficiency of the relevant subsidiaries and dependent companies in programs in the field of energy saving and increasing energy efficiency does not relieve them of the obligation to approve and implement their programs in the field of energy saving and increasing energy efficiency if the relevant subsidiaries and dependent companies are organizations with the participation of the state or municipal entity or organizations carrying out regulated activities.
(Part 1.1 introduced by Federal Law dated December 28, 2013 N 399-FZ)
1.2. Requirements for the form of programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipal entity, organizations carrying out regulated types of activities, and reporting on the progress of their implementation are established by the authorized federal executive body.
(Part 1.2 introduced by Federal Law dated December 28, 2013 N 399-FZ)
|
|
|
|
2. If an organization with the participation of the state or municipal entity carries out regulated types of activities, the provisions of this article are applied to this organization, establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations carrying out regulated types of activities. 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 prices (tariffs) for goods and 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 increasing the energy efficiency of these organizations in relation to regulated species activities are established by this body in accordance with the rules approved by the Government of the Russian Federation. If prices (tariffs) for goods and services of organizations carrying out regulated types of activities are regulated by authorized executive authorities of the constituent entities of the Russian Federation, requirements for the content of programs in the field of energy saving and increasing energy efficiency of these organizations in relation to regulated types of activities and in terms of requirements to the facilities of these organizations located on the territories of the relevant 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 prices (tariffs) for goods and services of public utility organizations are established by local governments, requirements for the content of programs in the field of energy saving and increasing energy efficiency of these organizations in relation to regulated types of activities and in terms of requirements for the facilities 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 dated December 28, 2013 N 399-FZ)
|
|
2. If an organization with the participation of the state or municipal entity carries out a regulated type of activity, the provisions of this article are applied to it, establishing requirements for an organization carrying out a regulated type of activity. Organizations carrying out regulated activities, when developing programs in the field of energy saving and increasing energy efficiency and making changes to them, are required to take into account the requirements established for these programs. For organizations carrying out regulated types of activities, if prices (tariffs) for goods and services of such organizations are regulated by an authorized federal executive body, the requirements for programs in the field of energy saving and increasing energy efficiency in relation to regulated types of activities are established by this body in accordance with rules approved by the Government of the Russian Federation. For organizations carrying out regulated types of activities, if prices (tariffs) for goods and 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 increasing energy efficiency in relation to regulated types of activities are established by these bodies in accordance with the rules approved by the Government of the Russian Federation.
|
|
Article 26. Ensuring energy efficiency in the procurement of goods, works, services to meet state and municipal needs
(as amended by Federal Law dated December 28, 2013 N 396-FZ)
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 requirements for the energy efficiency of these goods, works, services.
2. Requirements for the energy efficiency of goods, works, and services when purchasing 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, and services when purchasing to meet state and municipal needs include, in particular:
4. Requirements for the energy efficiency of goods, works, and services when making purchases to meet state and municipal needs may establish a ban or restriction on the purchase of goods, works, and services, the results of which may result in unproductive consumption of energy resources.
5. State or municipal customers, authorized bodies, authorized institutions in order to comply with the requirements for 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 savings and 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 expected price of goods, works, services in combination with the costs associated with the use of goods, works, services (including expenses on energy resources), taking into account the savings expected and achieved when using the relevant goods, works, services (including savings in energy resources).
|
|
Article 26. Ensuring energy efficiency when placing orders for state or municipal needs
1. State or municipal customers, bodies authorized to carry out 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 for the energy efficiency of these goods, works, services.
2. Requirements for the energy efficiency of goods, works, services, orders for which are placed 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, orders for which are placed 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 and parameters of goods, works, services that affect the volume of energy resources used;
4) other indicators reflecting the energy efficiency of goods, works, and services.
4. Requirements for the energy efficiency of goods, works, services, orders for which are placed 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 result in unproductive consumption of energy resources.
5. State or municipal customers, bodies authorized to perform functions of placing orders for state or municipal needs, in order to comply with the requirements for energy efficiency of goods, works, services when making decisions on the types, categories of goods, works, services for which orders are placed 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, orders for which are placed for state or municipal needs, must ensure the achievement of the maximum possible energy savings and energy efficiency;
2) goods, works, services, orders for which are placed for state or municipal needs, must ensure a reduction in the customer’s costs, determined on the basis of the expected price of goods, works, services in combination with the costs associated with the use of goods, works, services (in including costs for energy resources), taking into account the savings expected and achieved when using the relevant goods, works, services (including savings in energy resources).
|
|
Chapter 10. FINAL PROVISIONS
Article 48. Final provisions
7. Before July 1, 2014, the federal executive body responsible for conducting energy surveys must approve:
1) requirements for the form of programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipal entity, organizations carrying out regulated activities, and reporting on the progress of their implementation;
2) methodology for calculating the values of target indicators in the field of energy saving and increasing energy efficiency, the achievement of which is ensured as a result of the implementation of regional and municipal programs in the field of energy saving and increasing energy efficiency;
3) requirements for conducting an energy survey and its results;
4) the procedure for submitting information on energy saving and increasing energy efficiency in accordance with Part 12 of Article 16 of this Federal Law.
(Part 7 introduced by Federal Law dated December 28, 2013 N 399-FZ).
President of Russian Federation
D.MEDVEDEV
|
|
|---|
On November 11, 209, the State Duma of the Russian Federation adopted Federal Law 261-FZ “ About energy saving and increasing energy efficiency and on making changes to certain legislative acts Russian Federation»
Over the following years, a number of amendments and additions were introduced to Law 261-FZ. But in general, the essence remains the same - 261-FZ proposes a number of fundamental measures to increase the energy efficiency of the economy in various sectors of the national economy. In particular, it was this federal law that required the widespread installation of water and electricity meters.
Now we will pay attention to one more requirement - the need to conduct an energy survey, i.e. energy audit. Article 15 of Law 261-FZ states that an energy audit can be carried out in relation to products, technological processes and enterprises - legal entities and individual entrepreneurs.
And in article 16 of the law 261-FZ lists those persons for whom an energy audit is mandatory. In particular, these are the following legal entities:
State authorities, local governments vested with the rights of legal entities;
Organizations with the participation of the state or municipality;
Organizations that carry out regulated activities;
Organizations engaged in the production and (or) transportation of water, natural gas, thermal energy, electrical energy, production of natural gas, oil, coal, production of petroleum products, processing of natural gas, oil, transportation of oil and petroleum products;
Organizations whose total costs for the consumption of natural gas, diesel and other fuels, fuel oil, thermal energy, coal, and electrical energy exceed ten million rubles per calendar year;
Organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets.
That is, the majority large enterprises must conduct an energy audit. Moreover, Federal Law 261 also establishes the deadlines during which it is necessary to conduct the first energy audit of enterprises and then subsequent ones. According to the law (the same article 16), these persons are obliged to organize and conduct the first energy inspection in the period from the date of entry into force of Federal Law-261 until December 31, 2012. In subsequent years, regular energy audits are required at least once every five years.
Control over compliance with this requirement rests with the authorized federal executive body.
In fact, conducting an energy audit will also be beneficial for enterprises that are not included in the list of Article 16 of the law on energy saving 261-FZ. Indeed, during such a survey, specialists will not only identify places where energy resources are wasted. For example, using a thermal imager you can inspect buildings and detect heat leaks. A high-quality energy audit of enterprises will give a complete picture of where energy savings can be achieved and how much costs can be reduced. The main result will not even be the energy passport of the facility, but a plan of measures aimed at energy saving.
As a result, the costs of an energy audit will pay off handsomely. Due to a significant reduction in the consumption of energy resources and, accordingly, finances for their purchase. But the costs of heat, water, heating, etc. in many enterprises they are traditionally considered to be the most significant in the overall cost estimate.
On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation
edition dated 07/13/2015
List of changing documents
(as amended by Federal Laws dated 05/08/2010 N 83-FZ,
dated July 27, 2010 N 191-FZ, dated July 27, 2010 N 237-FZ,
dated July 11, 2011 N 197-FZ, dated July 11, 2011 N 200-FZ,
dated July 18, 2011 N 242-FZ, dated December 3, 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 25.06.2012 N 93-FZ,
dated July 10, 2012 N 109-FZ, dated December 25, 2012 N 270-FZ,
dated 04/05/2013 N 44-FZ, dated 06/07/2013 N 113-FZ,
dated July 2, 2013 N 185-FZ, dated December 28, 2013 N 396-FZ,
dated December 28, 2013 N 399-FZ, dated December 28, 2013 N 401-FZ,
dated 04.10.2014 N 291-FZ, dated 04.11.2014 N 339-FZ,
dated 04.11.2014 N 344-FZ, dated 29.12.2014 N 466-FZ,
dated June 29, 2015 N 176-FZ, dated July 13, 2015 N 233-FZ)
Chapter 1. GENERAL PROVISIONS
Article 1. Subject of regulation and purpose of this Federal Law
1. This Federal Law regulates relations on energy saving and increasing energy efficiency.
2. The purpose of this Federal Law is to create legal, economic and organizational foundations stimulating energy saving and increasing energy efficiency.
Article 2. Basic concepts used in this Federal Law
This Federal Law uses the following basic concepts:
1) energy resource - a carrier of energy, the energy of which is used or can be used in carrying out economic and other activities, as well as the type of energy (nuclear, thermal, electric, electromagnetic energy or other type of energy);
2) secondary energy resource - an energy resource obtained in the form of production and consumption waste or by-products as a result of the implementation of a technological process or the use of equipment, functional purpose which is not related to the production of the corresponding type of energy resource;
3) energy saving - implementation of organizational, legal, technical, technological, economic and other measures aimed at reducing the volume of energy resources used while maintaining the corresponding beneficial effect from their use (including the volume of products produced, work performed, services rendered);
4) energy efficiency - characteristics reflecting the ratio of the beneficial effect from the use of energy resources to the expenditure of energy resources incurred in order to obtain such an effect, in relation to products, technological process, legal entity, individual entrepreneur;
5) energy efficiency class - a product characteristic reflecting its energy efficiency;
6) household energy-consuming device - a product whose functional purpose involves the use of energy resources, the power consumption of which does not exceed twenty-one kilowatts for electrical energy, one hundred kilowatts for thermal energy and the use of which may be intended for personal, family, household and similar needs;
7) energy survey - collection and processing of information on the use of energy resources in order to obtain reliable information about the volume of energy resources used, energy efficiency indicators, identify opportunities for energy saving and increase energy efficiency with the results obtained reflected in the energy passport;
8) energy service agreement (contract) - an agreement (contract), the subject of which is the implementation by the contractor of actions aimed at saving energy and increasing the energy efficiency of the use of energy resources by the customer;
9) organizations with the participation of the state or municipal entity - legal entities in the authorized capital of which the share (contribution) of the Russian Federation, a subject of the Russian Federation, a municipal entity is more than fifty percent and (or) in relation to which the Russian Federation, a subject of the Russian Federation, municipality have the right to directly or indirectly dispose of more than fifty percent of the total number of votes attributable to voting shares (stakes) constituting authorized capitals such legal entities, state or municipal unitary enterprises, state or municipal institutions, state companies, state corporations, as well as legal entities whose property or more than fifty percent of shares or shares in the authorized capital of which belong to state corporations;
10) regulated types of activities - types of activities carried out by subjects of natural monopolies, organizations of the public utilities complex, organizations providing hot water supply, cold water supply and (or) sanitation, in respect of which, in accordance with the legislation of the Russian Federation, prices (tariffs) are regulated;
(as amended by Federal Law dated December 7, 2011 N 417-FZ)
11) a person responsible for the maintenance of an apartment building - a person who, in accordance with housing legislation, is entrusted with management responsibilities apartment building;
12) developer - a person recognized as a developer in accordance with the legislation on urban planning activities.
Article 3. Legislation on energy saving and increasing energy efficiency
Legislation on energy saving and increasing energy efficiency consists of this Federal Law, other federal laws adopted in accordance with them and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts in the field of energy saving and increasing energy efficiency.
Article 4. Principles of legal regulation in the field of energy saving and increasing energy efficiency
Legal regulation in the field of energy saving and increasing energy efficiency is based on the following principles:
1) efficient and rational use of energy resources;
2) support and stimulation of energy saving and increasing energy efficiency;
3) systematic and comprehensive implementation of measures to save energy and increase energy efficiency;
4) planning for energy saving and increasing energy efficiency;
5) use of energy resources taking into account resource, production, technological, environmental and social conditions.
Article 5. Scope of this Federal Law
1. This Federal Law applies to activities related to the use of energy resources.
2. The provisions of this Federal Law established in relation to energy resources also apply to water supplied, transmitted, consumed using centralized water supply systems.
3. The provisions of this Federal Law established in relation to organizations carrying out regulated types of activities apply to the regulated types of activities carried out by these organizations.
4. This Federal Law applies to relations in the field of national defense and state security, defense production, nuclear power, production of fissile materials, taking into account the provisions of the legislation of the Russian Federation in the field of defense, legislation of the Russian Federation in the field of use atomic energy.
Chapter 2. POWERS OF STATE AUTHORITIES
RUSSIAN FEDERATION, GOVERNMENT BODIES
OF THE SUBJECTS OF THE RUSSIAN FEDERATION, LOCAL BODIES
SELF-GOVERNMENT IN THE FIELD OF ENERGY SAVING
AND INCREASING ENERGY EFFICIENCY
Article 6. Powers of government bodies of the Russian Federation in the field of energy saving and increasing energy efficiency
The powers of government bodies of the Russian Federation in the field of energy saving and increasing energy efficiency include:
1) formation and implementation of state policy in the field of energy saving and increasing energy efficiency;
2) development and implementation federal programs in the field of energy saving and increasing energy efficiency;
3) coordination of measures to save energy and increase energy efficiency and control over their implementation by federal government agencies, federal state unitary enterprises, state companies, state corporations, as well as legal entities, whose property or more than fifty percent of shares or shares in the authorized capital of which belong to state corporations;
In the Russian Federation, energy saving remains one of the problems. The main task for our country is to reduce the consumption of energy resources and use them more rationally. In connection with the emergence of this problem, the Federal Law “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” was created.
Federal Law No. 261 on energy saving was adopted by employees State Duma November 11, 2009. The law was approved by the Federation Council on November 18, 2009. Summary and the title of the law in its entirety came into force on November 23 of the same year.
The Federal Law “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation” consists of 10 chapters and 50 articles:
- Chapter 1 (vv. 1 - 5) - reflects general provisions legislative act on energy saving;
- Chapter 2 - (Article 6 - 8) - three articles of this part of the Federal Law on energy saving describe the powers government agencies authorities in the field of energy saving;
- Chapter 3 - (vv. 9 -14) - contains order and methods government regulation in the field of increasing energy efficiency;
- Chapter 4 - (Articles 15 - 18) - describes how the collection and analysis of energy passport data is carried out, also contains information about self-regulatory organizations working in this field;
- Chapter 5 - (Articles 19 - 21) - this part of the Federal Law on energy saving establishes the procedure and conditions for concluding transactions and contracts - purchase and sale, supply, transfer of energy resources, and so on;
- Chapter 6 - (Articles 22 - 23) - regulates information support for energy saving procedures;
- Ch. 7 - (Articles 24 - 26) - indicates how energy saving and increasing the efficiency of resource use should be ensured;
- Ch. 8 - (Article 27) - this part of the energy saving law indicates how it is carried out governmental support for efficient use of energy resources;
- Ch. 9 - (28 - 29) - an important part of Law No. 261, indicates how state control supervises compliance with this law, and also contains penalties for non-compliance with the law;
- Ch. 10 - (30-50) - reflects the final provisions of the law.
From the date of entry into force Federal Law RF No. 261 on energy saving has been repeatedly amended, amended and supplemented. The last edition of the law was on July 3, 2016.
The latest version of the law on civil defense at number 28
Download
According to Federal Law No. 261 on energy saving, one can note the main measures aimed at efficient use resources:
- improvement of production through implementation energy efficient equipment and technologies;
- increasing the energy efficiency of buildings;
- carrying out activities aimed at stimulating consumers to use electricity optimally.
To get acquainted with all aspects of the Federal Law “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”, you can download it from
Latest changes to the Federal Law on energy saving
Over time, legislative acts require revision. A revision of the document is necessary to ensure that it is relevant at this time. Authorized persons, after reviewing the next bill, make changes, additions and amendments to it. Either one specific article of the law or the entire document may be subject to adjustment. Federal Law No. 261 on energy saving last time was modified on July 3, 2016.
261 Federal Law 13 article
It talks about the procedure for ensuring the accounting of energy resources and the use of metering devices. By law, produced and consumed resources must be accounted for. Payments for consumed resources are calculated based on quantitative data. Has undergone changes Part 12 Article 13 261 Federal Law. For organizations, the deadline for installing specialized metering devices has changed:
- Previously, the period was specified until January 1, 2016;
- after changes are made, the deadline is January 1, 2019.
P 9 Article 13 261 Federal Law on energy saving
Point 9 indicates that organizations that provide gas, water, thermal energy, electricity through engineering and technical support networks from July 1, 2010 are required to install and replace metering devices according to the resources that they provide. These organizations do not have the right to refuse citizens who apply with a request to install or replace a meter.
Article 11 261 Federal Law
It talks about ensuring the energy efficiency of buildings and homes. By law, energy efficiency requirements include:
- coefficient indicating the volume of resource consumption;
- requirements for the properties of buildings and their individual details— devices and technologies;
- conditions included in the documentation for the construction of a building. Conditions allow you to protect yourself from rational use energy resources during the construction of a building and during its operation.
In 2016, in the 11th century. No changes have been made to this law.
Article 16 261 Federal Law
Contains provisions on mandatory energy audits. According to the law, the following are subject to mandatory examination:
- government authorities;
- institutions of state and municipal education;
- enterprises operating in regulated areas of activity;
- institutions involved in the transportation or production of water, gas, electricity, oil, coal, etc.;
- institutions whose total costs for the consumption of gas, diesel, fuel oil or other fuel exceed the volume of corresponding energy resources in value terms (value terms are established by the Government);
- institutions carrying out activities in the field of energy saving and increasing energy efficiency, financed from the budget.
Thanks to this law, many organizations began to use energy resources more rationally.
