No 261 fz on energy saving. On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation. On energy saving and on increasing energy efficiency and on introducing changes
Saving natural resources in Russia
Much has been said about the rapid depletion of natural resources. Energy conservation is one of the ways to extend the use of natural energy resources, which are so necessary for a person for economic activity. Therefore, special programs for the conservation of energy resources are now being introduced everywhere in the world. Serves this and "On energy saving and on increasing energy efficiency» dated November 23, 2009. The main objective of this law is to create conditions for ensuring energy savings Russian Federation. Not only the state, but also each individual apartment owner is affected by certain norms of legislation that indicate that The best way learn how to save money - install water, heat, electricity, natural gas meters in our apartments. Let us describe some aspects of legislative acts that relate to the protection of natural resources.
Terms of installation of meters
If earlier the installation of heat and water meters was an absolutely personal and voluntary matter, now this issue has been taken under control by the state. According to paragraph 6 of article 11 FZ 261 now it is not even allowed to put into operation buildings that have been built, reconstructed, subjected to major repairs, without equipping them with energy metering devices. Starting from 2012, apartment buildings put into operation must be equipped with individual means of heat metering in each apartment, if technically possible. Clause 5 of article 13 indicates the mandatory equipment since 2012 of the HOA, management companies, owners apartment buildings means of accounting for energy resources collective and individual. The period during which water meters and other devices must be installed individual accounting changed several times. In the latest version of the law, the deadline is until 01.07.2013. Should we be afraid of sanctions for violating this rule?
Penalties for not having a meter
So far, the sanctions have only affected management companies and homeowners associations. Their turn has already come to be responsible for uninstalled meters since July of this year. And these are considerable sums. The inaction of an official will cost him 5-10 thousand rubles, and similar sanctions for legal entities - 20-30 thousand rubles.
The responsibility of individual consumers will come from 2015. Then fines will be applied to citizens who have not installed meters. Don't risk your money by breaking the law. Then you will also have to pay legal costs, which are inevitable when you are sued for violating the law. The price of a water meter starts from 300 rubles. This is not such a high cost to delay installation. Moreover, in the very first months, the savings will more than justify the costs.
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 quantitative value energy resources produced, transferred, consumed, determined with the help of metering devices used energy resources. 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, the authorities state power, local governments, with the exception of state authorities, local governments 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 that are state or municipal property and put into operation as of the date of entry into force of this Federal Law, metering devices used for water, natural gas, thermal 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 and 6 of this article 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.
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 comes into force, are obliged to ensure that such houses are equipped with metering devices for used water, heat 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 provided for by paragraph 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 put into operation on the day this Federal Law comes into force, country houses or garden houses, which are united by organizations (associations) belonging to them or created by them by common networks of engineering and technical support connected to electric networks of centralized power supply, 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, thermal 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 meters for used heat energy, and apartment buildings commissioned from January 1, 2012 after overhaul, must be equipped with individual metering devices for the used thermal energy, if it is technically possible to install them. 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 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 metering devices for the used heat energy specified in parts 3 of this article. , as well as putting the installed metering devices into operation. The rules for commercial metering of heat 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 - 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 the networks that are part of the engineering technical equipment objects subject to the requirements of this article to be equipped 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 upkeep 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, unless the consumer has expressed his intention to pay the price determined by such an agreement. contract, 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 of part 6 of this article with 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. Approximate form proposals for equipping energy resources with metering devices are 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, received 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 to equip such facilities with natural gas meters. In relation to the facilities specified in parts 3 - 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 this article), until July 1, 2013, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019 (in relation to the facilities provided for by parts 5 and 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, electrical energy, as well as individual and common (for communal apartments) metering devices for used water, electrical energy), until January 1, 2021 (in relation to the facilities provided for in parts 3 of this article, the maximum volume of thermal energy consumption of which is less than two tenths gigacalories per hour) and until January 1, 2019, and for the Republic of Crimea and the city of federal significance 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 this article, were not equipped with metering devices for the energy resources used within the established 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 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 have not expressed 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 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 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 metering devices 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 1 January 2021 (in relation to objects, provision specified by parts 3 - of this article, the maximum volume of consumption of thermal energy 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 city of federal significance 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 natural gas used), the provisions of this part must be complied with in all cases when the said organizations reveal the facts of violations of the requirements established by this article on accounting for the used energy resources using their metering devices and the failure to eliminate 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 the specified organizations costs in connection with 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 the Federal
On November 11, 209, the State Duma of the Russian Federation adopted the Federal Law 261-FZ " On energy saving and energy efficiency improvement and on Amendments to Certain Legislative Acts of the Russian Federation”
Over the following years, a number of amendments and additions were introduced into the law 261-FZ. But in general, the essence remains the same - 261-FZ offers a number of fundamental measures to improve 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 audit, i.e. energy audit. Article 15 of Law 261-FZ states that an energy audit can be carried out in relation to products technological process and enterprises - legal entities and individual entrepreneurs.
And in article 16 of the law 261-FZ Listed are those persons for whom an energy audit is mandatory. In particular, these are the following legal entities:
State authorities, local self-government bodies, endowed 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, electric energy, extraction of natural gas, oil, coal, production of petroleum products, processing of natural gas, oil, transportation of oil, petroleum products;
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;
Organizations carrying out activities in the field of energy saving and energy efficiency, financed in whole or in part from the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets.
That is, most large enterprises should 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 audit 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 the fulfillment of this requirement is assigned to the authorized federal executive body.
In fact, 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, in the course of such a survey, specialists will not only identify places where energy resources are uneconomically spent. For example, a thermal imager can be used to inspect buildings and detect heat leaks. A high-quality energy audit of enterprises will give a complete picture of where energy saving can be ensured, how much to reduce costs. The main result will not even be an energy passport of the facility, but an action plan aimed at energy saving.
As a result, energy audit costs will pay off handsomely. Due to a significant reduction in the expenditure of energy resources and, accordingly, finances for their acquisition. But the cost of heat, water, heating, etc. at many enterprises traditionally belong to the most significant in the total cost estimate.
Legislation of the Russian Federation
Collection of the main federal laws of the Russian Federation
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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
